Chapter -1 GENERAL
Delhi Building Bye Laws, 2013(Applicable to NCTD)
To be published in Extra-Ordinary Part IV of Delhi Gazette, by the Government of India (Delhi Administration) vide S.O
In exercise of the powers conferred under sub-section (1) of Section 57 of Delhi Development Act, 1957 the Delhi Development Authority, with the previous approval of the Administrator of (NCTD) - read with notification No.-18011(25)/67-UD, Government of India, Ministry of Health & Family Welfare and Urban Development dated 14th February, 1969, make the following regulations under clauses (e), (h) & (i) of the said section.
The regulations earlier notified under these clauses vide Notifications No. S.O. 513, dated 26-2-1959 Gazette of India, Part-II, Section 3 (ii) dated 7-3-1959 and the building byelaws in force, as adopted by the Delhi Development Authority, vide Resolution No. 229 dated 1-5-1965 and subsequent resolutions and amendments thereof shall stand superseded from the date the Building Bye-Laws for, NCTD ,2013 shall come into force.
1.0 Short title, Extent and Commencement
1.1 Jurisdiction: These bye-laws shall be called the Building Bye-Laws for, NCTD 2013. 1.2 Applicability: These Unified Building Bye-Laws shall apply to building activity under jurisdiction of Delhi Development Authority and these shall come into force with immediate effect.
Note: - Uniform building bye laws (similar) shall apply in areas under the jurisdiction of North Delhi Municipal Corporation, South Delhi Municipal Corporation, East Delhi Municipal Corporation /New Delhi Municipal Corporation and Cantonment board and word Delhi Development Authority and DD Act shall be replaced by the applicable Municipal Acts and Defense Act respectively.
1.4.1 In these bye-laws, unless the context otherwise requires the definition given above, under clause 1.3 shall have the meaning indicated against each term.
1.4.2 The words and expressions not defined in these bye-laws shall have the same meaning or sense as in Delhi Development Act, 1957 and Master Plan for Delhi, 2021(MPD 2021).
1.4.3 All mandatory Master Plan/Development Control Regulations regarding use, coverage, FAR, set-backs, open spaces, height, number of storeys, number of dwelling units, parking standards etc., for various categories of buildings, including modifications therein, made from time to time, shall be applicable mutatis-mutandis in the building Regulations under this clause. All amendments/ modifications made in these Regulations will automatically be included as part of these Unified Building Bye-Laws.
Note: - Extract relating to Development Control Regulations/provisions are reproduced from Delhi Master Plan-2021, including amendments up to September, 2013.(BBl No- 3)
1.5.1 In these bye laws, the use of present tense includes the future tense; the masculine gender includes the feminine and the neutral. The singular number includes the plural and the plural includes the singular. The word “person” includes Corporation, an individual, writing includes printing and typing and signature includes thumb impression made by a person who cannot write if his name is written near to such thumb impression.
1.5.2 Part Construction: Where the whole or part of a building is demolished or altered or reconstructed, except where otherwise specifically stipulated, these Building ByeLaws shall apply only to the extent of the work involved.
1.5.3 Change of use / Occupancy: Where use of a building is changed, except where otherwise specifically stipulated, these Building Bye-Laws shall apply to all parts of the building affected by the change.
1.5.4 Existing approved building: Nothing in these Bye-Laws shall require the removal, alteration or abandonment, nor prevent continuance of the lawfully established use or occupancy of an existing approved building unless, in the opinion of the Authority such a building is unsafe or constitutes a hazard to the safety of adjacent property or to the occupants of the building itself.
1.6 Pre-Code Building Permit: Where any building permit which has been issued by the Authority before the commencement of the Building Bye-Laws and where construction is in progress and has not been completed within the specified period from the date of such permit, the said permission shall be deemed to be sanctioned under these Bye-Laws and shall only be eligible for revalidation there under. Accordingly, where the validity of sanction has expired and construction has not commenced, construction shall be governed by the provisions of these Building Bye-Laws.
1.7 Development and Construction
1.7.1 Except hereinafter or otherwise provided, these Bye-Laws shall apply to all development, redevelopment, erection and/or re-erection of a building etc. as well as to the design, construction of, or reconstruction and additions and alterations to a building. 1.7.2 Development permission: No person shall carry out any development or redevelopment including sub-division on any plot or land (not forming part of any approved layout plan or scheme) or cause to be done without obtaining approval from the Authority for the Layout Plan. 1.7.3 Building Permit: No person shall erect, re-erect or make addition/ alterations in any building or cause the same to be done without, first obtaining a separate building permit for each such building from the Authority. 1.7.4 Reconstruction: The reconstruction in whole or part of a building which has ceased to exist due to fire, natural collapse or demolition having been declared unsafe, or which is likely to be demolished by or under an order of the Authority as the case may be and for which the necessary certificate has been given by the Authority shall be allowed subject to these Bye-Laws.
PROCEDURE AND DOCUMENTS FOR SANCTION COMPLETION OF BUILDING PLANS
2.0 Notice: - Every person who intends to erect, re-erect or make alterations in any place in a building or demolish any building shall give notice in writing to the Authority of his said intention in the prescribed form and such notice shall be accompanied by plans and statements in sufficient copies as prescribed below. The plans may be ordinary prints on ferro paper or any other type. One of them shall be cloth mounted. \
2.1 Copies of Plans and statements: - Normally 4-copies of plans and statements shall be made available along with the notice. In case of building schemes, where clearance is required from Delhi Fire Service, the number of copies of the plans and statements accompanying the notice shall be 6. Where clearance is required from Delhi Urban Art Commission, the number of copies of the plans and statements accompanying the notice shall be 8.
2.1.1 Information accompanying Notice: - The notice shall be accompanied by the site plan, building plan services plans, specifications and certificate of supervision and ownership title and other documents prescribed by the Authority.
2.1.2 Size of Drawing Sheets:- size of drawing sheets shall be any of those specified in table below:-
|s.No||Designation||Trimmed size, mm|
2.1.3 Recommended notation for colouring of plans – The site and building plans shall be coloured as specified in the table given below where items of work are not identified, the colouring notation used shall be indexed:
|S. No||Item||Site Plan||Building Plan|
|1.||Plot lines||Thick green||Thick green|
|3||Permissible building line||Thick dotted green||..................|
|4||Existing work (Outline)||Green||Green|
|5||Work proposed to be demolished||Yellow hatched||Yellow hatched|
|6||Proposed-- a) Additions/ Alterations. b) Entirely new work||Red Not to be coloured||Red Not to be coloured|
|7||Drainage||Red dotted||Red dotted|
|8||Water Supply||Green dotted thin||Green dotted thin|
2.1.4 Dimensions: - All dimensions shall be indicated in metric unit.
2.2 Key Plan: - A key plan drawn to a scale of not less than 1: 10,000 shall be submitted along with notice, showing boundary, location of the site with respect to neighborhood landmarks.
2.3 Requirement of Site:
2.3.1 Damp Site: - wherever the dampness of a site or the nature of the soil renders such precautions necessary, the ground surface of the site between the walls of any building erected thereon shall be rendered damp-proof to the satisfaction of thEAuthority.
2.3.2 Corner Site: -When the site front on two streets, the frontage would be on the street having the larger width. In cases, where the two streets are of same width, then the larger depth of the site will decide the frontage and open spaces. In such case the location of a garage (on a corner plot) if provided within the open spaces shall be located diagonally opposite the point of intersection.
2.3.3 Minimum Size of Site: -The minimum size of sites for the construction of different types of building or different use groups shall be in accordance with provisions of the Master Plan and any land development Rules and Regulations of the Authority.
2.3.4 Distance from Electric Lines:- No verandah, balcony, or the like shall be allowed to be erected or erected or any additions or alterations made to a building within the distance quoted below in accordance with the Indian Electricity Rules and its amendments from time to time between the building and overhead electric supply line:
|Vertically (m)||Horizontally (m)|
|a) Low and medium voltage lines and service lines.||2.4||1.22|
|b)High voltage lines up to and including 33KV||3.66||1.83|
|c) Extra high voltage lines beyond 33KV.||(Plus o.3 m for every additional 33KV. or part thereof)||(Plus 0.3 m for every additional 33KV or part thereof|
2.4 Means of access - multi storey and special buildings:
For the multi-storeyed buildings (high rise) and buildings which are of 17.5 m. and above in height and are of low occupancy of categories such as Assembly, Institutional, Educational (more than two storeyed and built-up area exceeds 1000 sq. m), Business (where plot area exceeds 500 sq m.), Mercantile (where aggregate covered area exceeds 750 sq. m.), Hotel, Hospital, Nursing Homes, Underground Complexes, Industrial Storage, Meeting / Banquet Halls, Hazardous Occupancies following provisions of means of access shall be applicable:-
2.4.1 No building shall be erected as to deprive any other building of its means of access.
2.4.2 Every person who erects a building shall not at any time erect or cause or permit to erect or re- erect any building, which in any way encroaches upon or diminishes the area set apart as means of access.
2.4.3 The width of the main street on which the building abuts shall not be less than 12.0 m. or as provided in the approved Layout Plan.
2.4.4 If there are any bends or curves in the approach road, sufficient width shall be permitted at the curve to enable the fire tenders to turn, the turning circle shall be at least of 9.0 m. radius.
2.4.5 The approach to the building and open spaces on its all sides up to 6.0 m. width and the layout for the same shall be done in consultation with the Chief Fire Officer and the same shall be of hard surface capable of taking the weight of fire tender, weighing up to 22 tonnes for low rise building and 45 tonnes for building 15 m. and above in height. The said open space shall be kept free of obstructions and shall be motorable.
2.4.6 Main entrance to the premises shall be of adequate width to allow easy access to the fire tender and in no case it shall measure less than 5 m. The entrance gate shall fold back against the compound wall of the premises, thus leaving the exterior access way within the plot free for movement of the fire service vehicles. If archway is provided over the main entrance the height of the archway shall not be of less than 5.0 m. in height
. 2.4.7 For multi-storeyed group housing schemes on a plot, the approach road shall be 20.0 m. or as per Master Plan/Development Plan provisions and between individual buildings there shall be 6.0 m. space around.
2.4.8 In case of basement extending beyond the building line, it shall be capable of taking load of 45 tonnes for a building of height 15.0 m. and above and 22 tonnes for building height less than 15.0 m.
2.4.9 The external window shall not be blocked by louvers etc. In such case provisions shall be made so that one can enter the building to be rescued through the window by using hydraulic platform etc.
2.5 Layout/Sub-division Plans:
2.5.1 Layout and Sub-division plans are prepared by the Planning Authority/Local Bodies or by the Developers and are sanctioned/approved by the Competent Authority.
2.5.2 Revised Layout Plans/Subdivision plan:-In view of provision of MPD-2021 existing layout plan /sub division plan, may require revision to make provisions for required social & municipal infrastructure as per MPD norms and to meet the deficiency, if any, the beneficiaries have to be charged.
2.5.3 Landscape Plan: - Landscape Plan is to be prepared in the scale of 1:100 for plots up to 500sq.m and for plots above 500 sq.m in size, the scale shall be 1:500, indicating the circulation and parking spaces(soft area), pathways(hard surface), greenery and plantation etc. For Institutional, Commercial, Industrial and Group Housing schemes, number of trees in the respective premises shall be as per details given below:-
|Plot size (in square meter)||Number of trees|
|Up to 2000||One tree per 100 square meter of open space out of which minimum 50 percent to be in the category of evergreen trees, having height of 20 feet or more.|
|Above 2000 to 12000||One tree per 100 square meter of open space out of which minimum 50 percent trees to be in the category of evergreen trees, having height of 30 feet or more|
|More than 12000||One tree per 100 square meter of open space out of which minimum 50 percent to be in the category of evergreen trees, having height of 40 feet or more|
2.6 Key Plan & Site Plan: -
2.6.1 Site Plan shall be drawn to a scale as follow: Site area Scale Up to 1000sq.m Not less than 1:200 Up to 1000sq.m-10000 sq.m Not less than 1:500 More than 10000sq.m Not less than 1:1000
2.6.2 The site should be a part of an approved Layout/Subdivision Plan. The site plan is a detailed Plan showing the proposed placement of structure/building, parking area, open area, landscaping, and other development features as required by the specific sections of the Development Code of Delhi Master Plan, including the amendments time to time. Further also to indicate boundaries, means of access, position of the site in relation to neighboring street and name of the street, width of the street in front of the site.
2.6.3 Further, on the site plan the direction of north point, existing physical features, such as wells, drains, trees etc, ground area of the site and the breakup of covered area(existing and proposed) on each floor with the percentage of total plot area required under the bye – laws governing the coverage of the area, number of floors, height, basement area, setback lines should be shown.
2.7 Building plan: The plans of the building and elevations and sections accompanying the notice shall be drawn to a scale of 1:50. For plots measuring up to 250sq.m. and plots measuring above 250 sq.m. at scale of 1:100.
2.7.1 Details to be shown on building plans:- The plan shall include floor plans of all floors together with the covered area clearly indicating the size and spacing of all framing members and sizes of rooms and the position and width of staircases, ramps and other exit ways, liftwers, lift machine room and lift pit details, indicating the use or occupancy of all parts of buildings, location of essential services, for example W.C, sink bath and the liked also.
2.7.2 1Barrier free environment for physically challenged persons: - Provision of barrier free environment in public and in all other building, wherever felt necessary, for persons with disability.
2.7.3 Incentive FAR for Energy efficiency: - a. The building planned and designed as Energy Efficient Building by using innovative systems such as solar water heating, flushing with less water, roof insulations, use of renewable or recycled materials, reuse of water, waste management, maintenance of greenery- Solar water heating systems for bathing, washing, cleaning etc.; Maximizing the use of renewable natural resources and others. b. Wherever at least five above mentioned techniques are adopted in projects for making the project energy efficient, the building plan sanctioning authority may consider an incentive of additional 1% of permissible FAR. c. This additional FAR may also be applicable to the buildings which have cladding on their facade up to 80mm thickness and Cavity wall for insulation in buildings.
2.7.4 Details to be shown on Section: Include sectional drawings showing clearly the size of the footings, thickness of basement wall, wall construction, size and spacing of framing members, floors slabs and roof slabs with their materials. The section shall indicate the heights of building, rooms and also the height of the parapet; and the drainage and the slope of the roof. Name of external finishes material to be used has to be shown on section. At least one section should be taken through the staircase, kitchen, toilet, bath and W.C.
2.7.5 Details to be shown on Elevation: Show all elevations, indicating details of service privy, if any, give dimensions of the permissible projected portions beyond the permissible building line, give indications of the north point relative to the plan, details of parking spaces provided, give indication of all doors, windows and other openings including ventilators with size in a proper schedule form. Name of external finishes material to be used has to be shown on elevations.
2.8 Building Plans for Multi-Storeyed and Special Buildings: For multi-storeyed buildings, which are above four storeyed and buildings above 17.5 m. in height and for special buildings like assembly, institutional, industrial storage and hazardous occupancies, additional information with regard to fire protection and life protection, are to be shown on the drawings for various occupancy. These can be referred in National Building Code - 2005 (Part –IV, Fire & Life Safety), Delhi Fire Protection and Service Act 2007. Further, the following details may be checked from Delhi Fire Rules 2010(Chapter V, General Measure for Fire prevention2):- 2.8.1 Access to fire appliances/vehicles with details of vehicular turning circle/clear motorable access way around the building. 2.8.2 Size (width) of main and alternate staircase, along with balcony approach, corridor, ventilated lobby approach. 2.8.3 Location and details of lift enclosures. 2.8.4 Location and size of fire lift. Plans are to be signed by Fire Engineer/Consultant. -Annexure 2
2.9 Service Plan: Service plans for water supply, sewage disposal system and details of building services, as per norms and standards (Part IX Plumbing Services- Section 1- Water Supply, Section – 2- Drainage and Sanitation and Section 3- Gas Supply of National Building Code- 2005 of India, with amendments time to time) these are to be shown on a scale not less than 1: 100. 2.10 Specifications: - General specifications of proposed construction, giving types and grades of material to be used in buildings. -Appendix A-2
2.11 Supervision: - Notice shall be further accompanied by a certificate of supervision.
2.12.1 Ownership Document /Sale deed.
2.12 Documents: - In addition to above, application for building permit shall be accompanied by the following documents:-
a) Sale deed/Lease Deed along with the site plan.
b) NOC from lessor if lease deed is not executed.
2.12.2 Rain Water Harvesting Certificate.
2.12.3 Natural hazard & structural safety certificate- the certificate of structural enginer that he has to follow structural safety requirement in accordance to National Building Code - 2005, Part –VII. -
12.4 Certificate for removal of Mulba/Debris- a certificate is to be submitted for removal of mulba and debris on a regular basis. Affidavits /Undertakings and indemnity Bond are to be submitted as per details given in following Appendixes:-
2.12.5 Affidavit/Undertaking by the Architect that he has been appointed by the owner.
2.12.6 Affidavit/Undertaking by the Engineer that he has been appointed by the owner Appendix A-7(2) 2.12.7 Affidavit/Undertaking by supervisor, that he has been appointed by the owner. -Appendix A-7(3)
2.12.8 Undertaking by owner for payment of balance Peripheral charges.
2.12.9 Indemnity Bond by the owner, incase basement is to be constructed.
2.12.10 Latest receipt of Property Tax payment from House Tax department of the Municipal Corporation.
2.12.11 For individual plot, approval of the site from the Competent Authority, if plot is not the part of an approved Layout Plan, then key plan is also required.
2.12.12 In case the site falls in the built-up area declared, as Slum Area under the Act No Objection Certificate from the Competent Authority, for Slum Clearance/Land Use.
2.12.13 In case of a Farmhouse, NOC from the Competent Authority from land acquisition point of view.
2.12.14 Approval of the Chief Inspector of Factories in case of industrial buildings; and also from the Pollution Control Board, wherever required.
2.12.15 Approval from Chief Controller of Explosives, Nagpur and Chief Fire Officer, in case of hazardous buildings wherever permitted.
2.12.16 No objection certificate from the Delhi Development Authority regarding land use as per Master/Zonal Plan, if required.
2.12.17 NOC from Airport Authority/Civil Aviation Department where the plot falls in the Air Funnel as per notification.Other documents in special cases:-
2.12.18 Recommendations of Chief Fire Officer regarding the fire safety.(Bye Law no 2.4 & 2.8)
2.12.19 No objection certificate from ASI where the plot falling within 300 mtrs. of protected monument.
2.12.20 Additional documents required for the clearance of Delhi Urban Art Commission, wherever applicable,
2.12.21 Additional documents required for conservation of Heritage sites including Heritage Buildings, Heritage/Precincts and Natural Features Areas(wherever required)
2.13 Signing of Plans:
2.13.1 Signing the Building Plans: - All plans before submission to the Authority shall be signed by the owner(s) and by the Architect who has valid registration with the Council of Architecture and as per provisions of clause 2.20. 2.13.2 Layout Plans: - All layout plans shall be signed by the owner(s) and by the following:
i. Architect - Holding a valid registration with the Council of Architecture for Layout Plans of plots measuring area up to 1 hectare.
ii. Town Planner - Associate member with the Institute of Town Planners, India for all sizes of plots. 2.14 Notice for addition/alteration: - When the notice is for an alteration in the building, only such plans and statement as may be necessary shall accompany the notice. -
2.15 Building permit not required:-
2.15.1 No notice and building permit for addition/alterations which do not otherwise violate any provisions regarding building requirements, structural stability and fire safety requirements given in bye laws.
2.15.2 No notice and building permit is necessary for the following alterations including interior work as long as it is within the building bye laws. a) Plastering and patch repairs; b) Re-rooting or renewal of roof including roof of intermediate floor at the same height; c) Flooring and re- flooring; d) Opening and closing windows, ventilators and doors not opening towards other’s property; e) Replacing fallen bricks, stones, pillars, beams etc.; f) Construction or re- construction of sunshade not more than 75cm. in width within one’s own land and not overhanging over a public street; g) Construction or re-construction of parapet exceeding 1 m and not more than 1.5m in height and also construction or re-construction of boundary walls as permissible under Bye Laws; and h) white washing, painting etc. including erection of false ceiling in any floor at the permissible clear height provided the false ceiling in no way can be put to use as a loft/mezzanine etc.
2.16 Fees and charges 2.16.1 a. Building Permit Fee: - No building application shall be deemed valid unless and until the owner giving notice has paid the building plan fees on building application as per schedule given below: i. Building Permit fee for all buildings shall be calculated at the rate of Rs.5/- per sq.mtr. of covered area(including basement floor, mezzanine floor & loft etc.) ii. Fee for additional/alteration/revised plan shall be same of the original building permit fee paid. iii. Revalidation of plans: - Fee shall be @ 25% of original permit fee per year. iv. A fee for plinth level checking is Rs. 500/- in case of building other than group housing schemes. For group housing, it shall be R. 500 per block. v. Fees for Occupancy/Completion certificate:-To be calculated @5/- per sqm. of covered area)including basement floor, Mezzanine floor, loft etc.) in all types of buildings. vi. Fee for layout/approval/revised approval/alteration/addition for development/sub- division of land shall be calculated @ Rs.10, 000/- per acre. vii. Fees for revalidation of Layout Plans shall be calculated @ 25% of original permit fee per year. viii. Fees for application for provisional occupancy charges, in case of group housing ,Govt. housing, Govt. aided institutions & charitable Trust/Wakf Board shall be Rs. 1000/- Note: - In case an application is rejected, no refund shall be made.
b. Stacking Charges: - i) Rs. 5.00 per sqm of plot area plots size up to 100 sqm; ii) Rs. 10 per sqm. of plot area Plots size above 100 sqm; iii) In case of Govt. housing, Govt. aided institutions & charitable Trust/Wakf Board Rs 5/- per sqm of built up area.
c. Peripheral charges:- Peripheral charges are to be paid by plot owner of Co-operative House Building Society Group IV for laying of such services by the DDA @ Rs. 70/-(in view of Hon’ble Court orders and consequent office order No. 80 dt. 12.06.03) per sqm. of net plot area at the time of sanction of building plans. Also, individual plot owner will submit an undertaking in the prescribed format for deposition of peripheral charges, at the time of submission of Building Plans. d. Betterment charges for additional construction at Barsati floor: - As per Notification No. K12016/10/82-DD IIA dt. 10.08.83, the permission of barsati floor as a dwelling unit was permitted, provided the intending builders deposit betterment charges@150/-per sqm. of built up area either at the time of sanction of building plans or regularization of structure at the time of issue of completion/occupancy certificate. The betterment charges are levied for coverage beyond 25% and in case of provision of regular dwelling unit proposed even with 25%.
e. Additional FAR charges: - Means levy payable on the additional FAR allowed @ Rs. 450/- per sqm to be calculated for additional FAR, applicable on individual residential plot vide Notification
No. K-12016/5/79-DD IIA/VA/IB dt. 23.07.98 over and above the FAR applicable vide Notification No. K-12016/5/79-DD IIA/IB dt. 15.05.95. The details of additional FAR applicable on individual residential plots is given in the following table:-
|S. No.||Area of the Plot (Sq. mt.)||FAR as per Notification dated 23.07.98||FAR as per Notification dated 15.05.95||Difference (FAR to be charged)|
|2||Above 32 to 50||225||150||75|
|3||Above 50 to 100||225||180||40|
|4||Above 100 to 250||200||160||10|
|5A||Above 250 to 500||150||140||50|
|5B||Above 500 to 750||120||100||20|
|6||Above 750 to 1000||100||83||17|
|7||Above 1000 to 1500||100||83||17|
|8||Above 1500 to 2250||100||83||17|
|9||Above 2250 to 3000||100||83||17|
|10||Above 3000 to 3750||100||83||17|
f. Surcharge: In cases where the additional construction has already been carried out without getting sanction as per notification 23.07.1998 norms but which are within the norms as revised vide notification dated 23.7.1998, the construction will be regularized on payment of the levy plus a surcharge of 10%. This will be addition to the existing compounding fee, etc.
Note: The building plans shall be sanctioned subject to certification by the Chief Town Planner, Local Body that up gradation of infrastructure and services has been done or are inexistence and layout/services plans revised in consonance with July 23,1998 Notification.
g. Betterment levy/additional FAR charges and penalty/compounding charges/special compounding charges: - Betterment levy or additional FAR charges in respect of additional construction shall be chargeable as follows:-
1. The plot owners/allottees seeking extra coverage, additional floor or part thereof, over and above the FAR given in Notification dated 23.07.1998, and given in Notification dated 22.09.2006, shall be applicable for construction as per the rates given in table below
. 2. Plot owners/allottees seeking regularization of construction over the coverage allowed as per notification dated 23.07.1998 in terms of the additional coverage allowed under the notification dated 22.09.2006, shall have to pay penalty and compounding charges over and above the betterment levy referred to in Para 1 above.
3. Plot owners/allottees seeking regularization of additional height in terms of notification dated 22.09.2006, will have to pay penalty and special compounding.The plot owners/allottees’ shall be subject to levy as given in table below:-
Height permissible as per notification dated. 23.07.98 is 12.5m Note: The orders of Hon’ble Supreme Court, dated 14th March 2008, with regard to permissibility in respect of ground coverage, FAR and height according to building norms as per MPD – 2021 shall be applicable subject to the terms laid down in the above order (in the matter of M.C Mehta v/s UOI and others in IA nos.212-2212 in W.P (Civil)No. 4777 of 1985). These charges shall be levied on difference in maximum ground coverage (%), FAR, number of dwelling units and height between notification dated 23.07.1998 and notification dated 22.09.2006 are as given below:-
|S. No||Area of the Plot (Sq. mt.)||FAR as per Notif. dt. 22.09.06||FAR as per Notif. dt 23.08.98||Difference in FAR|
|2||Above 32 to 50||350||225||125|
|3||Above 50 to 100||350||225||125|
|4||Above 100 to 250||350||200||100|
|5A||Above 250 to 500||225||150||75|
|5B||Above 500 to 750||150||120||0|
|6||Above 750 to 1000||120||100||30|
|7||Above 1000 to 1500||120||100||20|
|8||Above 1500 to 2250||120||100||20|
|9||Above 2250 to 3000||120||100||20|
|10||Above 3000 to 3750||120||100||20|
2.16.2 Fees and charges for Group Housing schemes –
220.127.116.11 Fee for approval: - Fee for approval of LOP Rs. 200 per block. 18.104.22.168 Fees for sanction of building plans Rs. 1500/- each floor of the building. 22.214.171.124 Betterment levy/additional FAR charges and penalty/compounding charges/special compounding charges: -
a) The gazette notification of 23.07.98 regarding enhanced FAR, number of Dwelling Units shall be charged @ Rs. 450/- sq.m over and above the FAR of group housing given in MPD- 200
|Notification||Max. FAR||Net Housing Density||Max. height|
b) The building plan shall be sanctioned subject to certification by chief town planner local body, regarding up gradation of infrastructure and services, has been done or are in existence and LOP/services plans revised in consonance with 23.07.98 notification.
c) Surcharge:- In cases where the additional construction has already been carried out without getting sanction as per notification 23.07.1998 norms but which are within the norms as revised vide notification dated 23.7.1998, the construction will be regularized on payment of the levy plus a surcharge of 10%. This will be addition to the existing compounding fee, etc.
2.16.3 Fees for Inspection and completion:
a) Notice for inspection of completion work up to plinth level shall be accompanied with fee of Rs.500/-
b) Application for completion certificate shall be accompanied with fee of Rs. 100/- per sq.m of covered area. c) Pre-occupancy charges: - Pre-occupancy charge @ Rs. 25,000/- per dwelling unit.
Note: Fees & Charges are to be determined by the Authority /Local body from time to time and shall be payable by applicant/Owner.
2.16.4 Charges for compoundable deviations shall be as per Appendix Q. 2.26.5 Charges applicable for compoundable construction shall be as per Development Code clause 3(12) of MPD 2021[(Chapter-17) BBL No. 3.9 Clause 3(12)].
2.17 Bulk characteristics for Development on specific plot (Planning requirement with respect to provision of Delhi Master Plan -2021): The owner/Architect may approach to Local Body/DDA to verify the bulk characteristic for development on his plot with respect to coverage, basement, FAR, setback (margin lines), height, parking , density (No of du’s) and on any other aspect.
2.17.1 Procedure: The Architect/Owner is to submit the above details along with a Performa along with a fee of Rs. 1000/- to the Local Body/Authority. After the receipt, the Authority/Local Body to verify the details submitted in Performa, may verify the details or modify according to applicable planning requirements and communication within a period of 30 days. The details verified by the Local Body/Authority may be used by the architect for planning /designing the project on the said plot. Note:-This procedure, however, will be optional and only operative if so desired by the Owner/Architect of the project.
2.18 Innovative/Creative Design: In case a building/structure is of an innovative/creative design, and is within the parameters of Development Control Regulations of MPD-2021, such case may be considered as a special case and taken up by a committee of experts chaired by the hon’ble LG for clearance subject to statutory clearances like Delhi Urban Art Commission, Fire, Airport Authority of India, Heritage conservation committee etc.
2.19 Qualification and Competence of Professionals: - Qualification and Competence of various professionals.
2.20.1 Instant sanction- Deemed sanction: i. Deemed building permit will be applicable only in such cases were an architect registered with Council of Architecture under Architects Act, 1972 has designed the building on an individual plot (forming part of an approved Layout Plan) and certifies that the building plans are within applicable building bye laws and Master plan Regulations. This will be applicable for Buildings upto 33mts in height to be sanctioned under instant sanction, if it is certified by three architects (including the architect who designed the building) one structural engineer and one service engineer, who are registered on a panel, maintained by the Local Body/DDA, that the plans have been prepared within the framework of provisions of Delhi Master Plan and applicable Building Bye Laws/Regulations and the construction shall be carried out in accordance with MPD 2021 and BBL provisions under compoundable limits. ii. Procedure: The application along with the building plans, documents, fees and charges etc to be submitted to the Local Body/Authority for their records and after submission of all the requisite charges and documents it will issue instant sanction and architect/owner can start the construction as per these plan which will be considered under Deemed building clause. The Local Body/Authority may examine plans and documents within a period of 45 days and in case observes any deficiency, the owner/architect may be asked to rectify the same.
2.20.2 Sanction of building plan by the Authority: In cases not covered under deemed building permit shall follow the regular channel, in building plans with all other requirements including all documents (as provided in BBL no 2.12) Delhi fire service department and Delhi Urban Art Commission etc.Fees & charges (as provided in BBL no 2.16) laid down in these building bye laws will be submitted to building sanctioning Authority. The building sanctioning Authority will issue the sanction within 30 working days.
2.20.3 In cases where the building scheme requires the clearance of Delhi Urban Art Commission then the Authority shall issue the building permit only after getting the clearance from the Delhi Urban Art Commission.
2.20.4 In case where the building scheme requires the clearance of Heritage Conservation Committee then the Authority shall issue the building permit only after getting the clearance from the Heritage Conservation Committee, additional documents required for conservation of heritage site including heritage building, heritage precincts and natural feature areas, be also submitted , as given in Annexure -3.
2.20.5 Standard building plan: In case of standard building plans prepared by the concerned Authority for residential plots up to 50sq.mtr. in size and forming part of the approved layout plan, the owner shall be entitled to sign such standard plans and the required documents for the sanction of the Local Body/Authority. In such cases, architect/licensed engineer/ licensed supervisor certification would not be necessary and the owner shall be responsible to follow the standard plans for construction at site. In case of standard plans no compoundable deviation shall be permissible. The construction shall be carried out strictly in accordance with the standard plans and will be entitled to obtain completion/occupancy certificate after following the procedure mentioned above.
2.21 Grant or Refusal: - After receiving all documents and information submitted by the owner/Architect with proper authentication, the Local Body/Authority will issue the Sanction on the certification of the requisite professionals if on scrutiny observed certain deficiency may call architect and owner to rectify within a period of 45 days from the date of receipt of permit. b) In other cases not covered under the instant sanction the building plans will be sanctioned within a period of 30 days or will communicate the refusal giving full reasons through the communication. -Appendix B-2
2.22 Validity period of building permit: - The sanction once accepted through building permit shall remain valid for five years from the date of issue of sanction and shall be revalidated before the expiry of this period. Revalidation shall be subject to the Master Plan/Zonal Plan Regulations and Building Bye-laws applicable.
a) No building activity can be carried out after the expiry of validity of such building permit. Owner/architect should apply for completion/occupancy certificate within five working days of the validity period. b) No completion/occupancy shall be entertained after the expiry of valid extension of time for construction.
2.23 Procedure for obtaining revalidation of building permit:
2.23.1 The Building Permit can be revalidated for a period of one year at a time from the date of expiry of the validity of the original permit on payment of the required revalidation fees. Application for such revalidation shall be submitted on plain paper along with the following documents: - a) Original sanctioned plan; b) Revalidation fee that shall be equal to fee of the original permit per year of lapsed sanction. c) NOC from competent authority as per terms and conditions of lease-deed, if required; d) NOC/ No dues certificate from House Tax Deptt. of MCD. e) Documents in support of construction, if any, having been done within valid period of sanction; f) Certificate of supervision from Architect / Engineer/ Supervisor Engineer that the construction is being carried out under his supervision according to the plans sanctioned by the concerned Local Body/Authority. g) Ownership documents or Affidavit for updated ownership document after previous sanction. h) Valid extension of time for construction.
2.23.2 The application for revalidation shall be processed and revalidation or objection, if any, shall be communicated within 5 working days from the date of the application.
2.24 Revocation of building permit: - The Authority may revoke any building permit issued under the provisions of the bye-laws if there has been any false statement or any mis-representation of material facts in the application on which the building permit was based. Or If the building permits, so issued, is found to be in violation of Building Bye-Laws / Master Plan /Development Control Regulations. Or If during construction it is found that the owner has violated any of the provisions of the Building ByeLaws or Sanctioned Plan. After revocation of permit, action under the relevant provisions of the act shall be initiated.
2.25 Procedure during construction :
2.25.1 Display of sanctioned building plan at site:
i) The owner has to display copy of sanctioned plan at site during the construction of the building.
ii) Where tests of any materials are made to ensure conformity with the requirements of the bye laws, records of test data shall be kept available for inspection during the construction of the building and for such a period thereafter as required by the Authority.
2.25.2 Intimation for taking up work at the site: - The owner / applicant who has been granted such building permit, shall intimate the authority in writing in (within 7 days) of starting the construction work at the site. Failure to send this intimation is a violation of the condition of sanction.
2.25.3 Intimation at completion of the work up to plinth level:- At this stage, the owner through his Registered Architect, in the Performa , will inform the sanctioning Authority to enable the Authority to ensure that work conforms to the sanctioned Building plans and Building Bye-laws. The following documents are also to be submitted along with the notice:
i. Copy of valid Certificate of registered Architect/ Engineer Supervisor;
ii. Building plans, indicating the plinth constructed at site in relation to the plot dimensions, area and setbacks, duly signed by the Owner and registered Architect/Engineer supervisor.
2.26 Inspection: -Authority will inspect the site and intimate the objection, if any, to the owner/Architect/Engineer/Supervisor Engineer. It will be obligatory on the part of the Authority to inspect the work and inform the objection, if any, to the Owner and Architect/Engineer within 10 working days from the receipt of such notice. IT will be the responsibility of the Owner/Supervising Architect/Engineer to ensure construction of the building in accordance with the sanctioned building plan. Under the provisions of MPD 2021 and BBL.
2.27 Procedure for obtaining Completion-cum-Occupancy Certificate:
2.27.1 No person shall occupy or allow any other person to occupy any building or part of a building for any purpose until such building or part of a building has been granted the occupancy certificate.
2.28 Notice for Occupancy-cum-Completion;-The owner shall submit the notice of occupancy/completion.
2.28.1 along with the required documents and plans as listed below:-
a) Copy of Lease-deed / Sale-deed.
b) Extension of time up to the date of applying for completion certificate and Valid extension of time up to the date of applying for completion certificate; and in case completion is applied in phases, valid extension of time up to the last phase (for lease hold property) is to be submitted.
c) One set of structural drawings of the building as executed at site along with Structural safety Certificate.
d) Additional documents required by Delhi fire service department, Delhi Urban Art Commission and Heritage Conservation Committee will also have to be submitted for their clearance/approval.
e) Three copies of completion plan
; f) Three photographs of the building taken from different angles so as to show the overall view of the building
; g) A copy of valid registration certificate of the professionals.
h) Certification that the erection/re-erection or material alteration, the workmanship and all the materials (type and grade) are strictly in accordance with general and detailed specification and the work has been completed to our satisfaction.
2.29 Deemed- Completion/Occupancy Certificate: -Owner/Architect of the project may be authorized by the Competent Authority to issue completion/Occupancy Certificate for such buildings/projects where Deemed Building Permit/Instant Sanction were followed, provided owner/architect certify that the construction has been in accordance to the sanctioned building plan and all the Rules/Regulations and Bye-laws have been followed while constructing the Building.
2.29.1 The procedure to be followed may be that the owner/architect has to submit the application along with all the documents, completion plans and the processing fees/ charge. The Plans have to be certified by the Architect/Owner and also by two Architects and an engineer with minimum 10 years’ experience from a panel of such professionals maintained by the Local Body’s/Authority, certifying that the completion plans are in accordance to the sanctioned building plans and in accordance to building bye laws..
2.30 Projects not covered under Deemed Sanction: For projects not covered under the Deemed Sanction, occupancy/completion certificate will be processed by the Authority on the bases of the completion plans, documents and fees submitted by the owner/Architect.
2.30.1 In cases, where the building scheme requires the clearance of Delhi Urban Art Commission, the Authority shall issue the completion/occupancy certificates only after getting the clearance from Delhi Urban Art Commission, CFO and other statutory agencies including clearance from heritage conservation committee(wherever required).
2.31 Occupancy/Completion certificate for multi stored buildings/special buildings: In the case of multistoried buildings/special buildings, the occupancy/completion certificate shall be issued by the Authority only after the clearance from the Delhi Urban Art Commission, Delhi Chief Fire Officer and other statutory agencies including clearance from heritage conservation committee(wherever required).
2.32 Communication for occupancy /completion certificate: - 2.32.1 The Authority on receipt, of the notice of completion shall inspect the work. 2.32.2 Time for inspection shall be communicated to the Owner /Architect. 2.32.3 After inspection, Objections, if any, and compounding fee, to be calculated for compoundable items given in annexure 3, shall be intimated to the owner/Architect. 2.32.4 On compliance of all requirements, the Occupancy/completion Certificate shall be issued within a period of 10 working days.
i. Communication regarding issuing of completion is communication by Authority.
ii. Communication in case of rejection, giving full reasons and objections raised are Communication by Authority.
2.33 Unauthorized Construction: In case of unauthorized development, the Authority shall take suitable action, which may include demolition of unauthorized works, sealing of premises, prosecution and criminal proceeding against the offender in pursuance of relevant laws in force.
2.34 Penal Action:
2.34.1 Violation of provision of Master Plan Regulations and Building Bye - Laws,
i. Compoundable items: Certain violations are to be regularized only to a limited extent after levying the compoundable charges, only such violations which do not affect the covered area/FAR, except within the compounding limits. Various violations Compounding Charges are leviable.
ii. In case, it is found that Completion/Occupancy Certificate was obtained on mis- representation, the same may be cancelled and action taken as per Law.
iii. The use of building or part, other than sanction cannot be changed and such offence of misuse is punishable under provisions of the relevant Act.
2.34.2 Action against the Owner/ Professional:-
i. If the Competent Authority noticed that any owner/professional has made false statements or material facts and mis-represented for obtaining building permit, the Owner/Professional registered with the Authority/Local Body, may be delisted, building permit revoked and action taken as per Law.
ii. Also, in case of registered Architects the Council of Architecture may also be informed regarding the act of the defaulting Architects for taking suitable action for professional misconduct.
2.34.3 Construction to be in conformity with Building Bye-Laws – Owners’ liability: Neither granting of permission nor approval of the buildings and specifications, nor the inspection by the Authority during erection of the building, shall in any way relieve the owner of such building from full responsibility for carrying out the work in accordance with the Building Bye-Laws and in case of any violation shall be liable for action under the Law.
2.35 Unsafe Buildings: - All unsafe buildings shall be deemed to constitute a danger to public safety, hygiene and sanitation and shall be demolished/restored by repairs or dealt with as otherwise directed. The relevant provisions of the MCD Act shall apply for action for unsafe buildings