01 PRELIMINARY



PONDICHERRY BUILDING BYE-LAWS AND ZONING REGULATIONS, 1972. 

PRELIMINARY

1. Title and application -

(1) These bye-laws and regulations may be called “The Pondicherry Building Bye-laws and Zoning Regulations, 1972.  

(2) The provisions of these bye--laws and regulations shall apply to the planning area declared vide notification 2, Gazette No.99, dated 14th September, 1971 and such other areas in the Union Territory notified from time to time.  

2. Definitions -

In these Bye-laws and Regulations, unless the context otherwise requires,-  

‘Act’ means the Pondicherry Town and Country Planning Act, 1969 and amendments issued from time to time;  

‘addition to a building’ means addition to the cubic contents or to the floor area of a building (it means addition to the existing building);    ‘area’ in relation to a building means the superficies of a horizontal section thereof made at the plinth level inclusive of the external walls and of such portions of the party walls as belong to the building (it means the floor area);  

‘balcony’ means horizontal projection, including a hand rail, or balustrade, or a parapet to serve as passage or sitting out place;  

‘building height of’ means the vertical distance measured in the case of flat roofs from the average level of the centre line of the adjoining street to the highest point of the building adjacent to the street wall (it means the height of a building);  

‘ceiling height’ means the vertical distance between the floor and the ceiling;  

‘chajja’ or ‘sun shade’ means a sloping or horizontal structural overhand usually provided over openings on external walls to provide protection from sun and rain ;     ‘Court yard’ means a space open to the sky, enclosed or partially enclosed, by building, boundary walls or railing and may be at ground floor level or any other level within or adjacent to a building ;   ‘coverage’ or ‘covered area’ means ground area covered by the building immediately above plinth level, but does not include the spaces covered by :-  

(a) garden, rockery, well and well structures, plant, nursery water pool, swimming pool (in uncovered), platform round a tree, tank, fountain, bench, chabutra with open top and unenclosed on sides by walls and the like ;  

(b) drainage, culvert, conduit, catch-pit, gully-pit, chamber, gutter and the like ; and   

(c) compound wall, gate, unstoreyed porch and portico, slide, swing, uncovered staircases, areas covered by chaff and the like ; 

‘cross wall’ means an internal wall built into an external or partly wall up to its roof level and on which it forms the limiting factor for the purposes of deciding its thickness ;  

 ‘detached building’ means a building, the walls and roof of which are independent of any other building with open spaces on all sides as specified ;  
 

‘drain’ includes a sewer, pipe, ditch, channel and any other device for carrying off sewage, offensive matter, polluted water, sullage, waste water, rain water or sub-soil water and any ejectors, compressed air mains sealed sewage mains and special machinery or apparatus for raising, collecting, expelling or removing sewage or offensive matter to the sewage outfall ;  

‘drainage’ includes act, process, method or means of drainage, mode of discharge of water, or the system of drains ;  

‘dwelling’ means a building or a portion thereof which is designed or used wholly or principally for residential purposes ;  

‘exit’ means a passage, channel or means of egress from any building, stories or floor area to a street or other open space of safety ;  

‘Factory’ means a place to which the provisions of the Indian Factories Act, 1948 and amendments thereto from time to time apply ;    ‘floor’ means the same thing as a ‘Storey’ except that ‘Ground floor’ means

‘First storey’, ‘First floor’ means ‘Second storey’, ‘Second floor’ means ‘Third Storey’ and so on ;  

‘floor Area Ratio’ or ‘F.A.R.’ means the quotient obtained by dividing the multiple total of the covered area (plinth area) on all floors and 100 by the area of the plot i.e., Total covered area of all floors x 100  F.A.R.=Plot area  

 ‘flue’ means a confined space provided for the conveyance to the ousted air of any product of combustion resulting from the operation of any heat producing appliance or equipment employing solid, liquid or gaseous fuel ;‘Form’ means a form appended to these bye-laws ;  

‘garage’ means a building or house designed or used for the storage of private owned motor driven or other vehicles ; 

‘ground floor’ means that storey of a building to which there is an entrance from the outside of the adjacent ground or street ;  

‘habitable room’ means a room occupied or designed for occupancy by one or more persons for study, living, sleeping, eating, kitchen, if it is used as a living room, but not including bath rooms, water closet compartments, laundries, serving and storage pantries, corridors, cellars, attics, and spaces that are not used frequently or during extended periods ;  

‘latrine service’ means a latrine from which the excreta are removed by manual agency and not by water carriage ;` ‘latrine flush’ means a latrine connected to a municipal sewer system or to a septic tank ;  
 ‘load dead’ means the weight of all permanent stationary construction becoming a part of the structure ;

‘load live’ means all loads except dead loads that may be imposed on a structure.  Wind loads shall be considered as live loads ;  

‘loft’ means an intermediate floor between two main floors but not more than 1.5 metres in height or a residual space in a pitched roof or any similar residual space above normal floor level which may be constructed or adopted for storage purposes ;  

‘Mezzanine floor’ means on intermediate floor in between two main floors and not less than 2.10 metres in height from the floor ;  

‘Open space’ means an area forming an integral part of the plot, left open to the sky;  

‘Opening’ means the opening through the inside or outside by a door, window, ventilator which provides all or part of the required natural light and ventilation or both to interior space ;  

‘pathway’ means an approach constructed with materials such as bricks, murrum, concrete, stone, asphalt, or the like ;  

‘plinth’ means the portion of a structure between the surface of the surrounding ground and surface of the floor immediately above the ground and ‘plinth level’ means the level of the ground floor of a building above the surrounding ground ;  

‘plot’ means a parcel (piece of land) occupied or intended for occupancy by one main building, together with its accessory buildings and used, customarily and incidental to it, including the open spaces required by these bye-laws and having frontage upon a street or upon private way approved by the Planning Authority/Local Authority ;  

‘plot corner’ means a plot at the junctions of or fronting on two or more intersecting streets ;  

‘plot depth of’ means the mean horizontal distance between front and rear plot boundaries ;  

‘plot interior’ means a plot access to which is by a passage from a street whether such passage forms part of the plot or not ;  

‘service road’ means a road provided at the rear or side of a plot for service purposes ;  

‘set back’ means an open space at ground level between a building and the adjoining boundary lines of the plot unoccupied and unobstructed except by encroachments or structures specifically permitted by these bye-laws, on the same plot with a building; all yard measurements shall be the minimum distances between the front, rear and side yard plot boundaries as the case may be, and the nearest point of the building including enclosed or covered porches.  Every part of every set back shall be accessible from every other part of the same set back ;  

‘set back front’ means a yard extending across the front of a plot between the side yard lines and being the minimum horizontal distance between the street line and the main building or any projection thereof other than steps, unenclosed balconies and unenclosed porches ;  

‘set back rear’ means a yard extending across the rear of a plot measured between plot boundaries and being the minimum horizontal distance between the rear plot boundary and the rear of the building or any projections other than steps, unenclosed balconies or unenclosed porches.  In a corner plot, the rear set back shall be considered as parallel to the street upon which the plot has its least dimensions ; in both the corner and interior plots, the rear set back shall be at the opposite end of the plot from the front yard;   

‘set back side’ means a yard between the building and the side line of the plot and extending from the front line to the rear line of the plot and being the minimum horizontal distance between a side boundary line and the sides of the building or any other projections other than steps, unenclosed balconies or unenclosed porches ;  

‘site’ means the entire area covered by a building without houses and also land at the front, rear and sides of such buildings and pertaining thereto and required by bye-laws to be left open ;  

‘storey’ means the portion of a building included between the surface of any floor and the surface of the floor next above it or if there be no floor above it, then the space between any floor and the ceiling next above it ;  

‘structure’ means anything that is built or constructed an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner and includes a ‘building’ ;  

‘tenement’ means a part of a building intended or used or likely to be used as a dwelling unit for a family;  

‘to abut’ means to abut on a road such that any portion of the building is on the road boundary ;  ‘warehouse’ means a building the whole or a substantial part of which is used or intended to be used for the storage of goods whether for keeping for sale or for any similar purpose but does not include a store room attached to and used for the proper functioning of a shop ;  

‘water closet’ means a privy with arrangement for flushing the open pan with water but does not include a bathroom ;  

Words and expressions not defined in these bye-laws have the same meaning as in the Pondicherry Town and Country Planning Act, 1969 and the National Building Code of India applicable for the time being in force.

 “Colouring of Plan” 

Item Site Plan Building Plan
  White plan Blue print White plan Blue print
1 2 3 4 5
Existing work Black (Outline) White Black White
Proposed work Red filled in Red Red Red
Drainage and sewerage work Red dotted Red dotted Red dotted Red dotted
Water supply work Black dotted Black dotted Black dotted Black dotted
Work proposed to be dismantled Yellow hatched Yellow hatched Yellow hatched Yellow hatched
Open spaces No colour No colour No colour No colour
Plot lines Thick black Thick black Thick black Thick black
Permissible building lines Thick dotted black Thick dotted black Thick dotted black Thick dotted black
Existing street Green Green -- --
Future street if any Green dotted Green dotted -- --
Work to be regulated or deviations made Red hatched Red hatched Red hatched Red hatched

6. Site plan-

The site plan sent with an application for permission shall be drawn to a scale of not less than 1/200 for sites up to 200 sq.m. in area and in the scale 1/500 for sites above 200 sq.m. and shall show--  

(1) the boundaries of the site;  

(2) the direction of the North Point relative to the Plan of the building;  

(3) all existing buildings or structures on, over or under the site or projecting beyond it;  

(4) all surrounding buildings in outline within a distance of 25 m. From the boundaries of the site ;  

(5) the name of the street on which the building is proposed to be situated (if any) or location and name of the nearest street, public or religious buildings ;  

(6) the width of the street in front and of the street (if any) at the side of the building ;  

(7) the position of access from the street to the building  

(8) the dimensions of front, rear and side set-backs (if any) and also of the space to be left about the buildings to secure a free circulation of air, and admissions to light ;  

(9) the position of kitchens, staircases, privies, urinals, drains, cesspools, stables, cattle sheds, garages, well and other appurtenances of the building ;  

(10) a clear indication of the area of the plot, plot coverage and floor area ratio ;  

(11) purposes of the proposed structure or parts thereof; (12) if the site is situated in any of the approved layout reference No. Of the approval and authority which approved.  

7. Building plans-

The plans, sections, and elevations of the building accompanying the application shall be accurately drawn to a scale of 1 metre to 2 centimetres for the plots up to 200 sq.m. and 1 metre to 1 centimetre for plots above 200 sq.m.  The following drawings are necessary, namely :-  

(a) plans of all floors, basements, terraces, accessory buildings indicating clearly--  

(i) The north point, the percentage of covered area, the sizes and spacing of all supporting members, and dimensions of rooms;  

(ii) Exact location of essential services such as W.Cs sinks and baths ;  

(iii) Terrace plans indicating the drainage and the slope of the roof ;  

(b) Sectional drawings showing clearly the materials used, sizes of footings, the thickness of basement walls, roof and first floor slabs, walls, the sizes and spacing of framing members and the ceiling and parapet heights.  The sections should indicate the drainage and slope of the roofs and at least one section should be taken through the staircase;  

(c) All street elevations and north point with an arrow;  

(d) Plans and sections of private water supply and sewage distribution system (if any) ; 

Note : 1. The drawings are to indicate wherever necessary adequate arrangements for proper     drainage ;  

 2. Details of service latrines (if any) ;  

 3. Dimensions of the portions projecting beyond the permissible building line.    

8. Specifications-

Specifications both general and detailed giving type and grade of materials to be used, duly signed by the registered Architect/Engineer/Licensed Supervisor shall accompany the notice.  

9. Signing of plans-

(1) All plans shall be duly signed by the owner and the registered Architect/Engineer/Licensed Supervisor and shall indicate his name, address, qualifications and registration number.  

(2) Every building work for which permission is sought under bye-law 3 shall be designed and supervised by registered Architect/Engineer/Licensed Supervisor who shall be registered by a Committee appointed by Government and permitted to practice within the planning area in Pondicherry region and such other areas in the Union Territory notified from time to time.  

(3) Qualifications for registered Architect/Engineer/Licensed Supervisor shall be as prescribed in Appendix-I.  

1[(4) Every person who desires to serve as a registered Engineer/Architect/Licensed Supervisor shall submit an application to the Chairman, Planning Authority in Form A in duplicate together with license fee of Rs.50 for the year for which license is required and a security deposit of Rs.100 and Chairman shall thereafter forward to the Secretary of the Registration Committee appointed by the Government for this purpose.  

(5) No person shall be granted a license by the Chairman, Planning Authority to serve as a registered Engineer/Architect/Licensed Supervisor unless--  

(a) he has been recommended by the Registration Committee appointed by Government for this purpose which shall consider--  

(i) the qualifications prescribed in Appendix-I  and in addition his knowledge of local language ;  

(ii) his fitness and suitability for the due performance and proper fulfillment of all duties required under the Act, Rules, bye-laws and regulations.  

(b) he has paid the license fee and security deposit specified in the bye--law 9 (4)  

(6) The Registration Committee in its discretion shall recommend for grant or refusal of license.  In case of refusal to grant of license, the license fee and security deposit shall be refunded to the applicant by the Planning Authority.  

(7) The security deposit amount shall ordinarily be refunded to the licensee by the Planning Authority on the cancellation of a license, but if it is satisfied that the loss has been occasioned to the Planning Authority by anything done or omitted to be done by the licensee or that amount by way of penalty or otherwise is due to the Planning Authority, the Planning Authority shall be entitled to recover the same from the licensee and the security deposit shall, to the extent of loss or dues be declared adjusted by the Planning Authority towards payment of the same and the balance, if any, shall be refunded to the licensee.  The license fee shall not be returned in case the license is cancelled.  

(8) A registered Engineer/Architect/Licensed Supervisor whose license has been cancelled by the Planning Authority shall return his license to the Planning Authority within 3 days from the time of the delivery of the order canceling the same.  If the license is not returned within three days from such date the security deposit shall be deemed to have been forfeited by the Planning Authority.  

(9) Every application for renewal of license shall be submitted to the Chairman of the Planning Authority together with the renewal fee of Rs.50 for the year in which the renewal is required.  The application shall be accompanied by the license in respect of which the renewal is required.   

(10) A register of registered Engineers/Architects/Licensed Supervisors shall be maintained by the Planning Authority and an up to date list of such registered Engineers/Architects/Licensed Supervisors showing the address and the period for which the license held shall be kept for inspection at the Office of the Planning Authority during office hours.  A copy of the same may be sent to any owner or other person on application to the Planning Authority accompanied by the addressed and stamped envelope.  

(11) Every license granted under this bye-law shall be in the form prescribed in Form B.  

(12) Every registered Engineer/Architect/Licensed Supervisor shall in preparing the plans, comply with all the provisions and requirements of the Act, Rules, bye-laws and regulations made there under and in force for the time being in the Planning area.  

(13) Every Registered Engineer/Architect/Licensed Supervisor shall forthwith report to the Chairman, Planning Authority, if he finds any works commenced being proceeded with or completed either unauthorizedly or without proper permission or license or in contravention of any of the provisions of requirements of the Act, Rules, bye-laws and regulations made there under and in force for the time being in the Planning area.  

(14) Every registered Engineer/Architect/Licensed Supervisor shall be entitled to charge for the preparation of Plans or other work on which he is employed or engaged, a reasonable fee from the owner or other persons who employs or engages him at such rate or rates not exceeding the rate or rates fixed by the Chairman, Planning Authority from time to time. A copy of schedule of rates may be obtained by registered Engineer/Architect/Licensed Supervisor or owner or other person from the Office of the Planning Authority on payment of cost fixed therein or may be inspected free of cost at the Office of the Planning Authority during office hours.  

(15) Any Registered Engineer/Architect/Licensed Supervisor who contravenes any of the provisions of these rules or any of the conditions of the license granted to him, shall be terminated in consultation with the Registration Committee after calling for necessary explanation.]1  

10. Notification stages-

As work progresses under a building permit, the holder thereof shall cause the Planning Authority to be notified at the following stages of construction:  

(a) Upon commencement of the work;  

(b) Upon completion of the footings and before erection of the foundation walls;

(c) Upon total completion of the work authorized by the building permit and before occupancy.  
 Within 15 days of the receipt of the notices under (a) and (b) above, the Planning Authority/Local Authority shall get the work inspected by the Staff.

As the first inspection the Planning Authority/Local Authority shall make sure that the building has been located in  

accordance with the site plans and covered area complying with the requirements of these byelaws.  The final inspection indicated under (c) shall be made within one month following the receipt of notification for the grant of an occupancy certificate.

11. Deviation during construction-

(1) If during the construction of a building any departure of a substantial nature from the sanctioned plan is intended to be made, sanction of the Planning Authority shall be obtained before the change is made.  The revised plan showing the deviation shall be submitted and the procedure laid down for the original plan heretofore shall apply to all such amended plans.  

(2) Minor alterations of the nature of shifting of doors and windows, pillars or fire places, which do not conflict with these bye-laws, may however, be made by the owner and stated in the completion report.  The decision of the Planning Authority/Local Authority as the case may be, as to whether the alterations made are of a minor or substantial nature shall be final.  

(3) List of minor alterations which do not otherwise violate any of the provisions regarding general building requirements, structural stability and fire safety requirements are allowed only for the interior of buildings.  1. Opening and closing of a window or door or ventilator provided that it does not affect natural light and ventilation;  

2. Providing inter-communication doors;  

3. Providing partitions subject to the condition that it should not in any way reduce the minimum floor area required under various uses;  

4. Depth of sunshades and projections over windows, doors, etc., if within permissible limits;  

5. Change in specifications for building materials, members, etc., if within permissible limits of structural stability.  
 Important note: Architectural control: All openings, projections and architectural features facing the road will be treated as major alterations and they have invariably to be got approved by the Planning Authority.  

12. Construction not according to plan-

(1) If the Planning Authority/Local Authority decides at any stage that the construction is not proceeding according to the sanctioned plan and is in violation of any of the provisions of these bye-laws or rules he shall notify the owner, and all further construction shall be stayed until correction has been effected and got approved.  

(2) If the owner fails to comply with the requirements at any stage of constructions, the Planning Authority/Local Authority may cancel the building permit issued and shall cause notice of such cancellation to be securely pasted upon the said construction, if the owner is not traceable at his address given in the notice.  

13. Grant of permit or refusal-

(1) The Planning Authority/Local Authority may either sanction the plans and specifications or may sanction them with such modifications or directions at it may deem necessary and thereupon shall communicate its decision to the person giving the notice. In the case of refusal, the Planning Authority shall quote the reasons and the relevant provisions which the plans contra vent.  The Planning Authority/Local Authority should as far as possible advice all the objections to the plans and specifications in the first instance itself and ensure that no new objections are raised when they are resubmitted after compliance of earlier objections. 

(2) within 30 days of the receipt of the notice, if the Planning Authority/Local Authority fails to intimate in writing to the persons, who has given the notice, of its refusal or sanction, the notice with its plan and specifications shall be deemed to have been sanctioned; providing nothing shall be construed to authorize any person to do anything in contravention or against the terms of lease or titles of the land or against any other bye-laws or Act operative on the site of the work.  

(3) Once the Plan has been scrutinized and objections have been pointed out, the owner giving notice shall modify the plan to comply with the objections raised and re-submit it.  The Planning Authority/Local Authority shall scrutinize the re-submitted plan and shall notify the result within 30 days of the replies to the objections.  

(4) The decision of the Planning Authority/Local Authority, shall be communicated to the person giving the notice or to his legally authorized agent in writing in Form 2 or 3 as the case may be, within the period prescribed and one set of the drawings and specifications duly endorsed shall be returned to him.  

(5) Notwithstanding anything contained herein if the structure contravenes any section, rule or bye-law or in adjudged structurally unsound, the person shall be deemed liable under theses byelaws.  

14. Fees-

(1) The application fee and the scrutiny fees referred to in clause 4 under Chapter-II shall be at the rates as specified under column (3) against serial numbers 1 and 2 respectively in Appendix I - A.  

(2) When a building / lay-out permission is not issued, the scrutiny fee paid shall not be refunded but the applicant shall be entitled to resubmit the application after complying with the objections raised by the Planning Authority / Local Authority within such period and such fees as may be specified by the said Authority.   

(3) Any application re-submitted after such period as specified by the Planning Authority / Local Authority under sub-clause (2) shall be accompanied by full scrutiny fee.  

(4) Any application for grant of No-objection Certificate for change of land-use shall be accompanied by a fee as specified under column (3) against serial number 3 of Appendix I -A.  

(5) An application for grant of permission for construction of well, water-closet, septic tank, compound wall, drain and providing doors and windows on the external walls of the existing building shall be accompanied by a fee as specified under column (3) against serial number 4 of Appendix I A.]  

15. Duration of sanction-

(1) The sanction once accorded shall be valid for the period specified below within which period, a completion certificate from the Registered Architect/ Engineer/Licensed Supervisor shall be submitted to the Planning Authority/Local Authority :--

(a) Building construction/reconstruction/enlargements external repairs other than those specified in (b) below.......3 years.  

(b) Construction of well, compound wall, water closet with septic tank, drain and provision of doors and windows on the external side ......1 year.  

(2) The sanction shall lapse unless got revalidated before the expiry of the above period where after only fresh application shall be entertained.]  

16. Revocation of permit-

The Planning Authority/Local Authority may revoke any permit issued under the provisions of these bye-laws, wherever there has been any deviation from the approved plan or where a permit has been obtained by any false statement or misrepresentation of any material facts in the application on which the permit was based.

17. Completion Certificate-

Every person erecting a building shall within one month after completion of such building send to the Planning Authority/Local Authority a notice in writing which shall be required to be given in Form 4.  Such notice shall accompany a completion certificate from a registered Architect or Engineer.  

18. Occupancy certificate-

No building (hereafter) erected, re-erected or altered materially shall be occupied in whole or in part until the issue of an occupancy certificate in Form 5 by the Planning Authority/Local Authority affirming that such a building conforms in all respects to the requirements of these bye-laws and is fit for occupation.  

19. Unsafe buildings--

1) All unsafe buildings shall be considered to constitute danger to public safety and shall be restored by repairs or demolished or dealt with as directed by other Planning Authority/Local Authority.  

(2) The Planning Authority/Local Authority shall examine or cause to be examined every building reported to be unsafe or damaged, and shall make a written record of such examination.  

(3) Whenever the Planning Authority/Local Authority finds any building or portion thereof to be unsafe, it shall in accordance with established procedure for legal notice, give to the owner and occupier of such building written notice stating the defects thereof.  This notice shall require the owner or the occupier within a stated time either to complete specified repairs or improvements or to demolish and remove the building or portion thereof.  

(4) (a) The Planning Authority/Local Authority may direct in writing that the building which in his opinion is dangerous, or has no provision for exit if caught fire, shall be vacated immediately or within the period specified for the purpose; provided that the Authority concerned shall keep a record of the reasons for such action with him.  

(b) If any person does not comply with the orders of vacating a building the Planning Authority/Local Authority may direct the police to remove the person from the building and the police shall comply with the orders.  

(5) In case owner or occupier fails, neglects or refuses to comply with the notice to repair or to demolish the said building or person thereof, the Planning Authority/Local Authority shall cause the danger to be removed whether by demolition or repair of the building or portion thereof or otherwise.  

(6) In case of emergency, which, in the opinion of the Planning Authority/Local Authority involves imminent danger to human life or health, the decision of the Planning Authority/Local Authority shall forthwith or with such notice as may be possible promptly, cause such building or portion thereof to be rendered safe or removed.  For this purpose, the Planning Authority/Local Authority may at once enter such structure,. With such assistance and at such cost as may be deemed necessary.  The Planning Authority/Local Authority may also get the adjacent structures vacated and protect the public by an appropriate fence or such other means as may be necessary.  

(7) Costs incurred under 4 and 5 above shall be charged to the owner of the premises involved.  Such costs shall be charged on the premises in respect of which or for the benefit of which the same have been incurred and shall be recoverable as provided under the laws (See Note).  
 Note : The costs may be in form of arrears of taxes.

20. Demolition of buildings-

Before a building is demolished the owner shall notify all utilities having service connections, within the buildings, such as water, electric, gas, sewer and other connections.  A permit to demolish a building shall not be issued until a release is obtained from the utilities stating that their respective service connections and appurtenant equipment, such as meters and regulators have been removed or sealed and plugged in a safe manner.  

 21. For provisions which are otherwise not covered and for detailed requirements for which provision is made under these bye-laws except as otherwise specified the provisions made in the National Building Code of India issued from time to time shall be followed. 

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