Applicability of rules.—
Subject to the provisions of the Act, these rules shall apply to —
(a) all development, redevelopment, erection and or re-erection of a building as well as to the design, construction of, or reconstruction and additions and alterations to a building.
(b) all parts of the building whether removed or not , and in case of removal of whole or any part of the building;
(c) the remaining part of the building after demolition and work involved in demolition in case of demolition of whole or any part of a building;
(d) all parts of the building affected by the change in occupancy of a building; and
(e) use of any land or building where sub-division of land is undertaken or use of land or building is changed.
Applicability to existing buildings.—
(1) The construction of any building in respect of which permission has been issued before coming into force of these rules shall, so far as it is not inconsistent with the provisions of these rules regarding provision of public utility services and construction in heritage zone, continue to be validly made and the said permission shall be deemed to have been issued under the corresponding provisions of these rules. Where any building has been constructed without an approved plan, the provisions of these rules shall be insisted upon. Where any building has been constructed with deviation of an approved plan, the provisions of these rules shall be insisted upon, except for the provisions relating to the norms of compounding where benefit of compounding under earlier regulations of the concerned Development Authority under which approval was given would have been extended: Provided that where the benefit of compounding is allowed, the charges for such compounding shall be as per regulations in operation.
Application for Building Plan Approval.—
(1) Any person who intends to erect, re-erect or make additions or alterations in any building or demolish any building or change of use of any building shall apply to the Authority in Form-I, as appended to the Odisha Development Authorities (Common Application Form) Rules, 2016, either online or in such other manner and as per such standard operating procedure as may be notified by the Competent Authority, from time to time. The application shall be accompanied with four copies of following documents and particulars duly signed by the persons who have prepared them and the owner or the applicant, namely:— (i) a key plan drawn to a scale of not less than 1:10,000 showing the boundary and location of the site with respect to neighborhood landmarks and means of access with minimum dimension of the key plan which shall be not less than 75 mm; (ii) the site plan on a scale of 1:100 for plots up to 500 square meters in size and on a scale of 1:500 for plots above 500 square meters in size and the boundaries of the site and of any contiguous land indicating—
(a) the position of the site in relation to neighboring streets,
(b) the name of the streets(s) in which the building is proposed to be situated, if any,
(c) all existing buildings standing on, over or under the site including service lines,
(d) the position of the building and of all other buildings, if any, which the applicant intends to erect upon his contiguous land referred to in sub-clause (a) in relation to,— 1) the boundaries of the site and in case, where the site has been partitioned, the boundaries of the portion owned by the applicant and also of the portions owned by others, 2) all adjacent streets, buildings (with number of storey and height) and premises within a distance of 12 meters of the site and of the contiguous land, if any, referred to in subclause (a), and 3) if there is no street within a distance of 12 meters of the site, the nearest existing street;
(e) the means of access from the street to the building and to all other buildings, if any, which the applicant intends to erect upon his contiguous land referred to in sub-clause (a);
(f) the space to be left about the building to secure free circulation of air, admission of light and access for scavenging purposes,
(g) the width of the street, if any, in front of the street, if any, at the side or rear or near the buildings,
(h) the direction of north point relative to the plan of the building, (i) any physical features, such as well, drains, etc.,
(j) parking plans indicating the parking spaces, wherever required,
(k) Such other particulars as may be specified by the Authority; (iii) the plans of the buildings and elevations and sections accompanying the application shall be drawn to a scale of 1:50 for plots measuring up to 250 square meters, for plots measuring above 250 square meters to a scale of 1:100 and for plots measuring 2,000 square meters and above to a scale of 1:200 with details on a scale of 1:100 and shall,—
(a) 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 of staircases, ramps and lift wells,
(b) show the use or occupancy of all parts of the buildings,
(c) show exact location of essential services, for example, WC, sink, bath and the like,
(d) show all elevations,
(e) include at least one section through the staircase;
(f) include the structural arrangements with appropriate sections showing type and arrangements of footings, foundations, basement walls, structural load bearing walls, columns and beams, shear walls, arrangement and spacing of framing members, floor slabs and roof slabs with the material used for the same;
(g) show all street elevations,
(h) give dimension of the projected portions beyond the permissible building line,
(i) include terrace plan indicating the drainage and slope of the roof,
(j) give indications of the north point relative to the plan,
(k) details of parking spaces provided,
(l) statement and calculation sheets with regard to the plot area, floor wise details of spaces under various categories like apartments or office spaces, lobby circulation, staircase, lift, mezzanine, balconies and details of such area which are to be exempted from calculation of floor area ratio, and
(m)such other particulars as may be required to explain the proposal clearly and as specified by the Competent Authority and which may also include prescription of guidelines for color coding of areas to be used for various uses, utilities etc.;
(iv) in case of high-rise building and special buildings, the following additional information shall be furnished and indicated in the building plan in addition to the items given in clause (iii), as applicable, namely:—
(a) access to fire appliances and vehicles with details of vehicular turning circle and clear motorable access way around the buildings;
(b) size(width) of main and alternative staircases along with balcony approach, corridor, ventilated lobby approach;
(c) location and details of lift enclosures;
(d) location and size of fire lift;
(e) smoke stop lobby/door, where provided ;
(f) refuse chutes and/or refuse chamber (optional), service duct, etc;
(g) vehicular parking space;
(h) refuse area, if any;
(i) details of building services- Air-conditioning system with position of fire dampers, mechanical ventilation system, electrical services, boilers, gas pipes, etc.;
(j) detail of exits including provision of ramps, etc., for hospitals and special risk buildings/uses ;
(k) location of generator, transformer and switch gear room;
(l) smoke exhauster system, if any;
(m)details of fire alarm system network;
(n) location of centralized control, connecting all fire alarm systems built-in–fire protection arrangements and public address system, etc;
(o) location and dimension of static water storage tank and pump room along with fire service inlets for mobile pump and water storage tank;
(p) location and details of fixed fire protection installations, such as sprinklers, wet risers, hose-reels, drenchers, etc.;
(q) location and details of first-aid fire-fighting equipments/ installations;
(r) longitudinal cross section of the building including size of footings, basement and super structure framing members and details of building and room heights and of staircase;
(s) location of site for sanitation. (refer to Annexure-I); and
(t) segregated sanitation for visitors. (refer to Annexure-II);
(v) the services plan, which shall include all details of building and plumbing services and also plans, elevations and sections of private water supply, sewage disposal system and rain water harvesting system and this plan shall be made available to a scale not less than 1:100;
(vi) the landscape plan, which is to be developed to a scale of 1:100 for plots up to 500 square meters in size and the scale shall be 1:500 for plots above 500 square meters indicating the circulation and parking spaces, pathways, greenery and plantation etc.;
(vii) the waste management plan for the projects over an area of Ac.1.000 and all proposed institutional buildings and other such bulk generator of solid waste shall include Solid Waste Disposal and Management Plan as per the Solid Waste Management Rules, 2016 and such plan shall also give such other details as required by the Competent Authority;
(viii) the External Infrastructure Development Plan (EIDP) which shall include provisions of External infrastructure such as roads, road system landscaping, Water supply, sewage and drainage system, electric supply transformer, substations, solid waste management or disposal or any other work which may have to be executed in the periphery of or outside a project for its benefit and such infrastructure works shall be maintained as per norms prescribed by Competent Authority:
Note.— Occupancy certificate shall be issued, only after such external infrastructure are laid down as per specifications of EIDP and for areas outside Urban Local Bodies, EIDP shall be checked and approved by Engineer Member of the Authority;
(ix) specifications, both general and detailed, giving type and grade of materials to be used, duly signed by the registered architect, engineer, structural engineer shall accompany with the application;
(x) for building plan application over a sub-divided plot of an approved layout, the copy of the approved layout plan and permission letter shall be submitted clearly showing the proposed subdivided plot in red (fill) hatch; The following documents, certificates or clearances shall be accompanied with the application submitted under sub-rule (2),
namely:— (i) in case the applicant is a trust, group of persons or partnership or a company, a registered agreement between the holder of the right, title and interest and the applicant, valid under the Transfer of Properties Act, 1882 (4 of 1882) and Copies of the Agreement and Article of Association, Memorandum and the Bye- laws;
(ii) No Objection Certificate from the Odisha State Housing Board, Development Authority, for the additional constructions, in case the house is delivered by the Board or the Authority and sale or lease deed has not been executed;
(iii) necessary environmental clearance as per the EIA notification of the Ministry of Environment, Forest and Climate Change, Government of India.);
(iv) necessary fire safety recommendation as required under the provisions of Odisha Fire Prevention and Fire Safety Rules, 2017. (Refer Annexure-IV for standards of fire protection and fire safety requirements);
(v) No Objection Certificate from Airports Authority of India, as per the Colour Coded Zoning Map (CCZM) of Airports Authority of India, wherever applicable;
(vi) in case of Apartments, Special buildings on plot area of 500 Square meter or above, buildings of height between 15 meter and 30 meter; the structural plan and the structural design vetted and certified by the Civil Engineering Department of any Government engineering college located in Odisha and in case of building more than 30 meters height, the Structural plan and the structural design vetted and certified by any State Resource Centre identified by the Odisha State Disaster Management Authority or Indian Institute of Technology or National Institute of Technology; and
(vii) any other certificates or clearances as required under the Act or rules framed thereunder or as specified by the Competent Authority:
Note.— The requirement of submission of any No Objection Certificate along with application may be waived off by the Competent Authority as and when online system for building plan approvals becomes fully operational and as and when online system gets fully integrated with various Public Agencies for online issuance of No Objection Certificates. The distinct features required to be shown on the plan shall be prepared in a clear and legible manner with suitable markings or notations or indexation in order to understand the submitted drawings without ambiguity:
Provided that, in case of online building plan application submission, the drawings are to be prepared in compliance to the provisions specified in the online approval system.
The Competent Authority may prescribe guidelines, from time to time, to standardize and to bring clarity in building plans which may include but not limited to colour code scheme for building features, colour code scheme for amenities and utilities proposed in the project, format for area analysis etc.
For Low-Risk Building category, the requirement for submission of documents and particulars specified under sub-rule (2) and (3) shall be, as per the provisions specified in Table below.
Table No. 1: Requirement for submission of documents and particulars for different category of projects
|Category of Project
||Compliances required under sub-rule (2) and (3) of rule 5
||Low Risk Building
||Clause (ii), (iii), (v), (vi),
(x) of Sub- Rule (2) of Rule 5
|Site Plan on a scale of 1:100
|Building Plan, all Elevations and atleast one Section through staircase, drawn to a scale of 1:50 for plots measuring up to 225 square meters, and 1:100 for plots measuring above 250 square meters.
|Services Plan on a scale not less than 1:100 to be shown in the site plan
|Landscape Plan on a scale of 1:100 to be shown in the site plan
|Copy of approved Layout Plan and approval letter
|Clause (i), (ii), (v),
(vii) of Sub-Rule
(3) of Rule 5
|Registered agreement between the holder of the right, title and interest and the applicant, if applicable
||NOC from OSHB or Development Authority, if applicable
|NOC from AAI as per Colour Coded Zoning Map (CCZM) of AAI, if applicable
|NOC from ASI /State Archaeology or any other site specific clearance, if applicable
Signing the Plans.— (1) All the plans, drawings, statements, design details before submitting to the Authority shall be signed by the applicant and the registered technical person or project management organisation, as the case may be.
Note.— (a) The project management organisation or the registered technical person shall furnish a certificate to the effect that he shall supervise the construction of the building including the structural part of the construction and shall be responsible for any deviation from the approved plan and any structural failure except caused by unprecedented natural calamities and except if the applicant or project management organisation or registered technical person intimates that their agreement has been terminated.
(b) All aspects related to structural design, building surface, plumbing, electrical installation, sanitary arrangements, fire protection shall adhere to the specification, standards and code of practice recommended in the National Building Code of India and any breach thereof shall be deemed to be a breach of the requirements under these rules. When it comes to the notice of the Planning Member, Engineering Member, any other Member or officer of the Authority or any other person that a plan signed by registered technical person or project management organisation referred to in sub-rule (1) is in violation of the norms of this rule he shall bring this to the notice of the Competent Authority
The Competent Authority shall issue a notice to show cause within fifteen days from the date of issue of such notice, as to why such registered technical person or project management organisation shall not be disqualified or black listed and after receipt of the explanation to the show cause, if any, the matter shall be placed before the Competent Authority for a decision on such disqualification or black listing. The decision of the Competent Authority on such disqualification or black listing, as the case maybe shall be published in the Notice Board of the Authority and in the Website of the Authority for information of all concerned. An appeal against an order passed under sub-rule (3) shall lie to the State Government under section
18. Fees and Deposits.—
(1) Every application for permission for building operation or development shall be accompanied by such fee as prescribed in rules 20 and 24 of the Odisha Development Authorities (Common Application Form) Rules, 2016. In addition to the fees given in sub-rule (1), the applicant shall also pay the following fees at such rates and in such manner as decided by the Authority, from time to 22 time,
namely:— (i) City Infrastructure Impact Fees;
(ii) Fees for temporary retention of existing building or structure;
(iii) Fees for change of use of land from agricultural to non-agricultural purpose;
(iv) Fees for change of use of building;
(v) Development Charges as may be notified by the State Government, from time to time;
(vi) Charges for Purchasable Floor Area Ratio (FAR) as notified by Authority from time to time;
(vii) External Infrastructure Development Fee as notified by the Authority from time to time;
(viii) any other charges as may be determined by the Authority. The payment of fees and charges may be done electronically or by any other means as may be decided by the Competent Authority, from time to time.
(1) The applicant shall deposit a refundable non-earning security deposit at the rate of one hundred rupees per square meter of built-up area or any such amount as revised, from time to time, by the Authority, which shall be applicable for the following categories of buildings, if such projects are not required to be registered under the Real Estate (Regulation and Development) Act, 2016 (16 of 2016), namely:— (i) Apartment buildings or Housing Projects; and
(ii) all commercial and institutional buildings having 200 square meters built-up area or more In case of sub-divisional layouts, if such projects are not required to be registered under The Real Estate (Regulation and Development) Act, 2016, the applicant shall deposit a refundable non-earning security deposit at the rate of one hundred rupees per square meter of plot area for development of land for a plotted development scheme or any such amount as revised, from time to time, by Authority. The applicant shall have the option of paying security deposit in the form of Bank Guarantee which shall be valid for a period of at least forty months from the date of approval. The security deposits shall be refunded within 30 days from the date of issue of occupancy certificate: In case of sub-divisional layouts, the security deposit shall be refunded after compliance of the following
(i) the streets, storm-water drains, are laid down as per approved plan;
(ii) the plots, open spaces, common plots and other provisions of the approved layout has been defined on ground by physical means; and 23
(iii) the areas covered under roads, open spaces and public utilities are developed and made available to the concerned local body by way of deed of gift; and
(iv) the land which is affected by roads and storm water drains proposed in development plan or is required for widening of roads or for providing access to the adjacent land locked plots and land required for development of public thoroughfare are surrendered to the concerned Authority by way of deed of gift. In cases where the construction or development is not as per the approved plan, the security deposit shall be forfeited and separate action will be initiated against the builder or developer as per the provisions of the Act. In cases where deviation is found to be within the compounding limits, compounding fee to be adjusted from the security deposit. For building of Government’s departments and statutory bodies established under the provisions of any Act, no such security deposit shall be levied during grant ofpermission but such exemptions shall not be available to such buildings which are constructed as commercial projects. In case of projects being taken up by the Authority on PPP basis, no such security deposit shall be levied, if any performance security or otherwise of equal amount or higher than the amount required for security deposit under sub-rule (1) or (2) is already pledged in favour of the Authority: Provided that where the performance security already pledged in favour of the Authority is less than the amount required for security deposit under sub-rule (1) or (2), the applicant shall deposit the differential amount towards security deposit: Provided also that any deduction or charge which can be made under these rules on the security deposit, shall be deemed to be made on such performance security.
(1) No permission shall be required for the works exempted under section 15. No permission shall be required for the following alterations, which do not otherwise violate any provisions regarding general building requirements, structural stability and fire and health safety requirements of these rules or National Building Code of India:
(i) Opening and closing of a window or door or ventilator;
(ii) Providing intercommunication doors;
(iii) Providing partitions;
(iv) Providing false ceiling;
(vi) White washing;
(viii) Re-tiling and re-roofing; 24
(ix) Plastering and patch work
(x) Re-flooring; and
(xi) Construction of sunshades on one’s own land. All clarifications with respect to deficiency in the plan, documents shall be sought for from the applicant within 30 days after receipt of application: Once the plan has been scrutinized and objections have been pointed out and intimated to the applicant, the applicant shall modify the plan to comply with the objections raised and re-submit it for further scrutiny and the Authority shall pass orders as per rules and regulations. The Authority shall communicate either approval in Form-II or refusal in Form-III appended to the Odisha Development Authorities (Common Application Form) Rules, 2016.
If the Authority does not communicate its decision either granting or refusing permission to the applicant within 60 days from the date of receipt of the application by the Authority, the applicant shall draw the attention of the Vice-Chairman of the Authority with regard to his application, in Form-I and the Planning-Member shall within fifteen days from the date of receipt of notice in Form-I, place the details of the case before the Vice-Chairman. If, within a further period of one month from the date of receipt of the application drawing such attention as mentioned in sub-rule (6), the Authority does not communicate its decision, such permission shall be deemed to have been granted to the applicant on the date following the date of expiry of the three months period. In case of low risk buildings, rule 4 of the Odisha Development Authorities (Common Application Form) Rules, 2016 shall be followed.
A register in Form-II containing the necessary particulars including information as to the manner in which applications for permission have been dealt with by the Authority shall be maintained and the same shall also be maintained in case of online approval system.
Information at the site of construction.
(1) Whenever tests of any material are made to ensure conformity of the requirements of these rules, records of the tests data shall be kept available for inspection during the construction of building and for such period thereafter as required by the Authority. The persons to whom a permit is issued during construction shall keep pasted in a conspicuous place on the property in respect of which the permit was issued, the followings — (i) a copy of the building permit; and (ii) a copy of approved drawings and specifications A copy of the Construction and Demolition Waste management Plan shall be also kept at the site for verification by the Competent Authority. 25
Construction and layout not according to plan.—
(1) If the Authority finds at any stage that the construction or land development is not being carried on according to the approved plan or is in violation of any of the provisions of these rules, it shall cause notice to the owner disallowing further construction until necessary corrections in the plan are made and the corrected plan is approved. If the owner fails to comply with the requirements at any stage of construction, the Authority may cancel the building or layout permission issued and shall cause notice of such cancellation to be pasted upon the said construction or place a notice on the site, as the case maybe. If the owner is not traceable at the address given in the notice, pasting of such notice shall be considered as sufficient notification of cancellation to the owner thereof and no further work shall be undertaken until a valid building permission is issued thereafter.
The notification under sub-rule (3) shall also be published in one widely circulated newspaper as public notice. The Authority may also be at liberty to forfeit whole or part of the security deposit obtained from the applicant during sanction of the plan. An appeal against an order passed under this rule shall lie to the State Government under section 18.
The Authority shall also bring all such cases to notice of Odisha Real Estate Regulatory Authority established under the Real Estate (Regulation and Development) Act, 2016.
Stage-wise report by the Project Management Organisation.
(1) The applicant shall ensure that the Project Management Organisation engaged by him shall take up site and field verification and submit report in Form-XVI as appended to the Odisha Development Authorities (Common Application Form) Rules, 2016 to the Authority at the stage of foundation level, plinth level and roof casting for each floor of the building which has been permitted by the Authority. In case, submission of aforesaid stage wise report is not ensured by the applicant at the appropriate construction stage, a fine at the rate of twenty five rupees per day for nonsubmission of stage wise report for the first time and the fine shall be imposed at the rate of one hundred rupees per day if construction for subsequent stages have also been undertaken without submitting the respective stage wise report after such first instance of nonsubmission.
Third Party Verification at Plinth Level and Ground Floor Roof Level.
(1) In apartments, housing projects, high rise buildings and special buildings, the applicant shall engage an accredited person who has been listed by the Authority for third party verification of the building, for verification and submission of report at plinth level stage and ground floor roof level stage:
Provided that, the Accredited person engaged for Third Party Verification shall not be involved as a Project Management Organisation or Technical Person in the same project and no Accredited Person shall be engaged twice for verification of subsequent construction stage verification. 26
The applicant shall pay the fees to the engaged Accredited Person for Third Party Verification at the rate prescribed in the Table belo
||Built-up Area per floor
||Third Party Verification Fee
||Upto 500 Sq. m
||Not exceeding 5 Rupees per Sq.m
||Above 500 Sq.m
||Not exceeding 10 Rupees per Sq.m
Upon detection of unauthorised construction in the third party verification report, the applicant shall be imposed a fine as given in the following Table.
Third Party Verification
|Penalty amount and condition for imposition of such Penalty
||A penalty at the rate of 100 Rupees per day shall be imposed on detection of deviation at the time of Stage-I verification; and
the duration shall be decided from the date of approval.
||Casting of Roof Level of Ground Floor
||A penalty at the rate of 500 Rupees per day shall be imposed, in case, deviation has been detected at Ground Floor Roof Level stage verification; and the duration shall be decided from the date of last third party verification.
Completion of construction.—
(1) The Authority shall permit an Accredited Person to approve building plans and to certify completion of building and issue occupancy certificate for all such buildings which are categorised as low-risk buildings and the responsibility of compliance with respect to provisions of these rules shall rest with the concerned Accredited Person approving the low-risk buildings as provided in the Odisha Development Authorities (Common Application Form) Rules, 2016 and two copies of the building plan along with prescribed fees as applicable is also required to be submitted to the Authority within thirty days of according such approval. In case of buildings other than low risk buildings, a completion certificate shall be issued as prescribed in the Odisha Development Authorities (Common Application Form) Rules, 2016 and the same may be submitted by owner to the Authority along with an application for issue of occupancy certificate in Form IV of the Odisha Development Authorities (Common Application Form) Rules, 2016, accompanied by the following documents,
namely:— (i) three copies of completed building plans;
(ii) a fee of one thousand rupees;
(iii) Documents like Record of Rights relating to ownership, Copy of approved plan and permission letter and Structural safety certificate as issued under the Odisha Development Authorities (Common Application Form) Rules, 2016. The deviations, if any, shall also be brought to the notice of the Authority with relevant documents.
Note.— In case of low risk buildings where permission have been given by the accredited person the completion certificate shall also be given by the accredited person and in case of buildings other than low risk building, the completion certificate shall be given by the Project Management Organisation as per provisions of the Odisha Development Authorities (Common Application Form) Rules, 2016.
Liability for Defective Construction.—
(1) In case of defective constructions, the Authority shall sue the owners, builders, Architects or the Engineers, as the case maybe, for both civil and criminal liabilities, besides taking action under these rules. Without prejudice to the provisions of the Act, the actions to be taken by the Authority shall include stop construction, cancellation of permission and removal of unauthorized constructions.
Certificate for occupancy.
(1) On the basis of intimation to Authority under subrule (2) of rule 15, the Authority shall grant the occupancy certificate after all infrastructure for the utility services for the entire building are physically provided: Provided that the Departments or line agencies dealing with electric power, water supply, drainage and sewerage shall not give regular connections to the building unless such Occupancy Certificate is produced.
Note.— Regular connection shall mean operationalization of the utility service provided at the site. In case, the provisions of the approved plan is violated during the construction period, the applicant shall make an application to the competent authority for regularisation of the unauthorised or deviated constructions through compounding, prior to applying for occupancy certificate:
Provided that the applicant may apply for change of use or occupancy within the purview of the Development Plan and Zoning Regulations, if so required, at the time of compounding of unauthorised constructions. The occupancy certificate shall also state the use or type of occupancy of the building: In all apartments, housing projects, commercial buildings, high-rise buildings, public and semi-public buildings and special buildings, a copy of the permission letter, occupancy certificate and approved drawing shall be displayed in a conspicuous place on the property after occupancy certificate is issued:
Provided that display of the approved plan shall not be mandatory in Government buildings, defence related buildings, buildings related to military, paramilitary, police, prision, jail, banks and any other building for which waiver is given by the Vice-Chairman, from security reason:
Provided further that, for consideration of aforesaid waiver, the applicant shall apply to the competent authority for approval of the same. After issuance of occupancy certificate, in case of high-rise buildings and other such special buildings which require fire safety certificate under the provisions of the Odisha Fire Services Act, 1993 and rules made thereunder, periodic inspection shall be carried out by the Fire Authority and officers of Development Authority to ensure that the fire protection and fire safety standards in the building are being maintained as per the requirements and if any short comings or deficiencies or violations are noticed during inspection, the Competent Authority may issue a show-cause notice to owner of such building and direct him for such compliances as may be required for compliance to norms within a time frame as specified in such notice. If such directions are not complied with, then Competent Authority may declare such building as unsafe for occupation and cancel the occupancy certificate by way of a written order. In case of occupied buildings, the Authority shall conduct periodic inspection of the premises and if during such inspection it is found that building constructions or structures have been altered beyond the approved plan or any condition specified in the approved plan is violated or any provisions which is required to be maintained or kept operational is not maintained or the use of the building has been changed, then Competent Authority may take steps for cancellation of occupancy certificate and in such cases provisions of sub-rule (5) and (6) shall apply, mutatis mutandis. Where any owner occupies the building before obtaining the occupancy certificate, the Competent Authority may issue a show-cause notice to owner of such building and direct him for such compliances as may be required for compliance to norms within a time frame as specified in such notice and if such directions are not complied with, then Competent Authority may declare such building as unsafe for occupation and such construction shall be treated as unauthorised development.
(1) Where the building plan accompanying the application seeking permission, requires the clearance of the Art Commission, Odisha, constituted under section 88, the Authority shall grant the permission only after the clearance is given by the said Commission and in all other cases, Architectural Control shall be regulated according to the provisions of these rules. The Authority, on the recommendation of the Art Commission, may issue public notices, from time to time, prescribing the architectural norms in different zones.
Construction near protected monuments.
(1) No construction or reconstruction of any building shall be permitted within a distance of 100 meters in all directions or such other distance as may be notified, from time to time, from the outer boundary of a protected monument.
Explanation: For the purpose of this rule, the protected monument shall mean any protected area or monuments declared as such under provision of relevant statute of Central or State Government. No construction or reconstruction shall be permitted beyond a distance of 100 meters and within a distance of 300 meters in all directions from the outer boundary of a Centrally protected monument:
Provided that for State protected monuments, no construction above 1st floor and above a height of 7 (seven) meters shall be allowed beyond a radius of 100 meters and within a radius of 300 meters of such monuments. Notwithstanding anything contained in the sub-rules (1) and (2), construction or reconstruction or addition or alteration shall be allowed only on production of clearance certificate from the Authority concerned, as per the provisions of law
1904, or the Ancient Monuments and Archaeological Sites and Remains Act, 1958 and in the opinion of the Authority, is of historical or architectural interest, and is in danger of being demolished or altered or likely to be affected in its character by a development, the Authority may prescribe restrictions for grant of permission for construction over any land situated within such distance as decided from the said building or premises and such restrictions may be imposed by Authority in consultation with Odisha State Archaeology. An appeal against the decision under sub-rule (4) shall lie to the State Government under section 18.
Construction near important buildings.
Subject to any direction of the State Government, no building shall be constructed exceeding of such height and within such radius from the boundary of such important building area and without the permission of such authority, as may be notified by the competent authority, from time to time: Provided that in Bhubaneswar Development Authority area no building exceeding 10 meters height shall be permitted without clearance from Commissioner of Police within 200 meters radius from the boundary of the Governor’s House, Odisha State Secretariat, Odisha Legislative Assembly, Residence of the Chief Minister.
Demolition of building.
(1) Before a building is demolished, the owner shall notify all utility agencies having service connections within the building, such as water, electricity, gas, sewer and other connections and a permit to demolish a building shall not be issued until a release is obtained from the utility Agency stating that their respective service connections and appurtenant equipment have been removed or sealed and plugged in a safe manner. The owner shall take all precautionary measures to avoid noise and dust pollution and shall not create any inconvenience to the neighbouring plot owners. The provisions of the Construction and Demolition Waste Management Rules, 2016 shall be complied by the owner. In case of semidetached building, no objection certificate from the neighbours shall be obtained.
Responsibility and duty of the applicant.—
(1) Neither granting of the permit nor the approval of the drawing and specifications nor inspections made by the Authority during erection of the building shall, in any way, relieve the applicant from full responsibility for carrying out the work in accordance with the requirements of these rules and the National Building Code of India.
Every applicant shall
(i) permit the Authority to enter the building or premises, for which the permission has been granted at any reasonable time for purpose of enforcing the provisions of these rules; (ii) obtain, where applicable, from the Competent Authority permissions or clearance required in connection with the proposed work;
(iii) ensure that the Project Management Organisation engaged by him takes up site and field verifications and submit report in Form-‘XVI’ appended to ODA (CAF) Rules, 2016 to the Authority at the stage of foundation level, plinth level and roof casting for each floor of the building which has been permitted by the Authority;
(iv) ensure engagement of such accredited persons who are listed by the authority for third party verification of under construction buildings at plinth level and ground floor roof level;
(v) obtain an Occupancy Certificate from the Authority prior to occupation of building in full or part; and
(vi) ensure compliance of provision of various Acts, rules, regulations and codes which control or provide for various norms governing development including but not limited to planning norms, fire safety norms, environmental norms, as applicable in each case.
Responsibility of the Authority.—
(1) Approval of plans and acceptance of any statement or document pertaining to such plan shall not absolve the owner or technical person or project management organisation under whose supervision the building is constructed from their responsibilities imposed under these rules or under any other law for the time being in force. Approval of plan shall mean granting of permission to construct under these rules and shall not mean among other things,—
(i) the title over the land or building ;
(ii) easement rights;
(iii) variation in area from recorded area of a plot or a building;
(iv) Structural stability;
(v) workmanship and soundness of materials used in the construction of the buildings;
(vi) quality of building services and amenities in the construction of the building;
(vii) the site or area liable to flooding as a result of not taking proper drainage arrangement as per the natural lay of the land, etc.; and
(viii) other requirements or licenses or clearances required for the site / premises or activity under various other laws. The approval or permission shall not bind or render the Authority liable in any way with regard to the matter specified in sub-rule (2)
Constitution of Development Plan and Building Permission Committee.
(1) The committee under section 6 to be called Development Plan and Building Permission Committee (hereinafter referred to as the DP and BP Committee) shall consists of the following members namel
(a) Vice-Chairman of Development Authority: Chairman
(b) Commissioner or Representative of Municipal Corporation (for Development Authorities having Municipal Corporation area): Member
(c) Director of Town Planning, Odisha or representative: Member
d) Additional District Magistrate: Member
(e) Chief Fire Officer or representative: Member
(f) Representative of Public Health Engineering Organisation, Odisha Member
(g) Representative of Department of Forest and Environment, Govt. of Odisha: Member
(h) Representative of Archaeological Survey of India (in case, Centrally protected monuments is present within the Development Area of the authority): Member
(i) Representative of State Archaeology, Odisha: (in case, State protected monument is present within the Development Area of the authority): Member
(j) Representative of Water Resources Dept. Govt. of Odisha: Member
(k) Representative of Ground Water Survey and Investigation Organisation (under Water Resources Dept.) Odisha: Member
(l) Representative of Works Department, Govt. of Odisha: Member
(m) Representative of National Highway Authority of India (NHAI): (in case, National Highway is present within the Development Area of the authority): Member
(n) Representative of Electricity Distribution Company (DISCOMs): Member
(o) Executive Officer or representative of ULB: Member
(p) Engineer Member: Member
(q) Planning Member: Member Convener
(r) any other one or more member as maybe decided by the Vice Chairman: Member
The Authority may, by notification, delegate such powers in relation to approval of hemes, projects and building plans to the Committee constituted under sub-rule (1) as it may deem appropriate. Matters and cases in relation to grant of permission under section 16 and such other matters as decided by the Authority and including permissions for high rise buildings are required to be referred to the Committee for advice and recommendation and only on such advice and recommendation of the committee, permissions are to be granted by Planning Member of the Authority.
The DP and BP committee shall act as Single Window Mechanism for carrying out functions as mandated under the Odisha Development Authorities (Common Application Form) Rules, 2016. In cases where power has been delegated to any Urban Local Body for approval under section 16 and where approval of the DP&BP committee is required under the provisions of these rules or as required under any policy decision of the Authority or the Urban Local Body, the Nodal Officer of Planning Department of the Urban Local Body may request the member convener of the committee to convene a meeting with prior approval of the chairman of the DP&BP Committee.
In cases where any standard or norm such as minimum plot size for a project or distance from electric lines, matters related to Airport, etc. has been modified by a Department or an Agency of the Government, which has statutory powers to specify the same, the same can be considered by the DP and BP Committee for grant of permission under section 16.
The members of the DP and BP Committee (other than those who are members of the Authority) shall be paid such fees and allowances for attending its meetings and for attending to any other work of the Authority, as may be notified by the Authority, from time to time.
Registration of Developers.
(1) Developers having requisite qualification and competence as prescribed inAnnexure-IX shall be registered with the Authority as per the Standard Operating Procedure prescribed by the concerned authority.
Developers shall indicate their names, addresses and registration numbers on the body of the plan and in all other relevant documents and the plans shall also be signed by the concerned owner of the land. No plans for construction of apartment building, housing projects and commercial building shall be entertained unless the developer is registered with the Authority under this rule.
The validity of registration shall be 5 years and the registration shall be renewed on payment of requisite fee before expiry of such registration. When it comes to the notice of any Member of the Authority, or any other person that the construction has been undertaken in violation of the sanctioned plan, he shall bring this to the notice of the Authority.
The Authority shall issue a notice asking for a show cause within fifteen days as to why the registration of a developer, who has not renewed his registration or has violated terms and conditions of the registration shall not be cancelled and after receipt of the reply to the show cause, if any, the matter shall be placed before the Competent Authority for a decision and such decision of the Competent Authority on this matter shall be final and the same shall be published in the Notice Board and website of the Authority for information of all concerned.
Change of Occupancy or use of Building for approved buildings.
For approved projects where the use of building has been changed subsequently after approval or after issue of occupancy certificate, the DP and BP Committee may allow change of occupancy or use of an approved building for a purpose other than for which it was approved, on payment of such fees and charges and on such terms and conditions as may be determined by the Authority, from time to time.