05-RULES FOR LAYOUTS
RULES FOR APPROVAL OF LAYOUTS
Scope and Applicability.—
(1) Approval for development of land shall be in nature of layout approval and layout approval to be given by Authority shall be either a Subdivisional layout or a Site layout approval.
Application for Layout Plan Approval.—
(1) Any person who intends to undertake development of land, carryout layout of land or for change of use of any land 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.
Every application shall be accompanied by fees as specified in the Odisha Development Authorities (Common Application Form) Rules, 2016.
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 1:2,000 showing the boundary and location of the site with respect to neighborhood landmarks and means of access;
(ii) the site plan on a scale of 1:500 for plots up to 2 Ha in size and on a scale of 1:1000 for plots above 2 Ha in size; and showing the physical details of the land, the surrounding existing layouts/lands, boundaries of the site and of any contiguous land indicating—
(a) the position of the site in relation to neighboring streets and plots,
(b) the name of the streets(s) on which the layout is proposed to be situated, if any,
(c) all existing buildings standing on, over or under the layout site including existing service lines,
(d) the means of access to the proposed site showing width of the road;
(e) the direction of north point relative to the plan of the building,
(f) any physical features, such as well, drains, etc.,
(g) Such other particulars as may be specified by the Authority;
(iii) the part revenue map as per the details prescribed below—
(a) the site layout plan accompanied with an additional part revenue village map showing the boundary of the proposed project site superimposed over revenue plot boundaries and the revenue ploT numbers of all concerned plots within the project area and adjacent plots shall be mentioned on the map, and
(b) the sub-divisional layout plan accompanied with an additional part revenue village map showing the original revenue plot boundaries in thick black line and the final (sub-divided or amalgamated) plots in thick red line and the revenue plot numbers of all concerned plots within the project area and adjacent plots shall be mentioned on the map,
(iv) the layout plan drawn on a scale of not less than 1:500 containing—
(a) the scale and north point,
(b) the location of all proposed and existing roads with their existing and proposed or prescribed widths within the land,
(c) the dimensions of the plot in metric units along with building lines showing the setbacks with dimensions within each plot,
(d) the location of drains, sewers, public facilities and services and electrical lines etc.,
(e) the table indicating size, area and use of all the plots in the subdivision layout plan,
(f) the statement indicating the total area of the site, area utilized under roads, open spaces for parks, playgrounds, recreation space and development plan reservations, schools, shopping and other public spaces along with their percentage with reference to the total area of the site proposed to be sub-divided,
(g) in case of plots which are sub-divided in built up areas in addition to the above, the means of access to the sub-division from existing streets; \
(v) the public utility and services network plan, which shall include all details of electricity network, water supply, drainage network, sewage disposal system and rain water harvesting system and this plan shall be made available to a scale not less than 1:500; \
(vi) the landscape plan, which is to be developed to a scale of 1:500 for plots up to 2 Ha in size and the scale shall be 1:1000 for plots above 2 ha indicating the parks, playgrounds, plantation, trees, permeable/semi-permeable, impermeable circulation and parking spaces, pathways, bio-swales, rain gardens, detention/retention ponds, level of open spaces with respect to road level etc.; \
(vii) the solid waste disposal and management plan for the layouts over an area of 0.4 Ha, showing the composting sites, positions marked for placement of waste bins as well as any other components 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. These infrastructure works shall be maintained as per norms prescribed by Competent Authority. 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, shall accompany with the application.
The following 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, 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) necessary environmental clearance as per the EIA notification of the Ministry of Environment, Forest and Climate Change, Government of India.) (iii) 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 layout 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 layout plans which may include but not limited to colour code scheme for land-use distribution, colour code scheme for amenities and utilities proposed in the project, format for area analysis etc.
The provisions under rule 6 to 12 and any other provisions prescribed under these rules in respect of layouts shall also be applicable.
The Authority after receipt of such application shall either grant or refuse its approval for layout, as the case may be, in conformity with applicable planning norms and which shall be communicated to the applicant in Form II and Form III as appended to Odisha Development Authorities (Common Application Form) Rules, 2016, respective
Application for Sub-division Layout.
(1) The applications for sub-division shall be, in addition to the requirements specified under rule 80, accompanied by— (i) a copy of Record of Rights of the land in question;
(ii) an affidavit with regard to the right, title and interest in the land and any other particular as Authority may require;
(iii) a no-objection certificate, from the lessor in case conditions of the lease deed does not permit undertaking sub-divisions as applied for; (iv) a site plan traced out of revenue village settlement map in operation indicating therein in red colour the lands to which the application relates and surrounding plots;
(v) an index plan of the site showing adjoining areas within a radius of 150 meters around the proposed site marking clearly therein the boundaries of the proposed layout in red colour, existing road, structures, burial ground and high tension or low-tension power line passing through the site of the layout plan and the level of the site;
(vi) a detailed plan to a scale not less than 1:500 showing the proposed layout (sub-division) indicating size of plots, width of the proposed roads, open space and amenities provided;
(vii) land use analysis indicating the survey plot number, the bye-plot number, the detailed dimensions of all the plots, the area of each-plot and the use for which they are proposed to be put;
(viii) in case of land originally belonging to any religious endowments, a no- objection certificate from the endowment commissioner or wakf board as the case may be.
The applicant shall deposit security as specified under sub-rule (2) of rule 8 and which may be refunded on compliance of conditions mentioned in sub-rule (5) of rule 8.
Use in relation to development plan
(1) Sub-division of land shall normally be permitted for the purpose for which the concerned land is earmarked in the development plan and such sub-division may be for residential, commercial, industrial, institutional or combination of one or more of this purpose or such other purpose as may be considered conforming to the provisions in the development plan.
Sub-division of land for residential purpose in Agricultural zone shall not be permitted unless such sub-division in the opinion of the Authority forms a part of the normal expansion of existing human habitation.
If a part of the land proposed for development is required for development of roads and storm water drains under the development plan, then such land shall be surrendered to concerned Authority as per the provisions of Rule 36
Use in relation to Layout plan
(1) In every sub-division plan, spaces for roads, open spaces, public utilities and community facilities as specified in these rules or any such other facilities as the Authority may determine shall be incorporated.
After a sub-division plan has been approved, the Authority shall not permit construction of a building on any of the plot unless the owners have laid down and made street or streets along with storm-water drains as per the approved plan.
The land covered by community facilities, waste-segregation area and composting site, shall be handed over to resident welfare association or association of allottees to be used for the purpose for which it has been reserved in the layout.
The land reserved for roads, open spaces and public utilities shall be made available to concerned local body by way of deed of gift, after development of aforesaid internal infrastructure:
Provided that, after surrender of the land reserved for roads and open spaces, the applicant shall be allowed TDR certificate against the surrendered land within the layout area, as per the provisions prescribed under rule 36.
For layouts having total area more than 2 hectare, half of the area reserved for common plot shall be reserved for public transport uses and the said area shall be made available without any fees or charges to Authorities or agencies which are responsible for planning and development of public transport infrastructure for the layout area.
Size of the plot.—
No sub-divided plot shall be less than 50 square meters and the Authority shall have the right to relax the same in special cases such as Affordable Housing Schemes.
Planning standards for reservation of land in sub-division layout.— Reservation of land in the sub-division layout shall be in the following manner, namely:—
(i) For plots having area less than 0.4 hectare,— (a) all sub-divided plots shall be accessible by road having minimum width as mentioned in sub-rule (1) of rule 86; and (b) 10% (ten percent) of the area shall be developed for open space and common plots for community facilities, if number of sub-divided plots are more than 4 (four);
(ii) For plots having area from 0.4 hectare to 1 (one) hectare,—
(a) reservation of land for open spaces, roads, common plots for community facilities and public utilities shall be a minimum of 25% (twenty five percent) of the total area of the layout, out of which at least 5 percent of the total area shall be reserved for open spaces;
(b) access road to the adjacent land locked plot is required to be provided and the owner of land has to develop the external access road and storm water disposal drain as determined by the Authority:
Provided that the owner of land shall have the option to pay to the Authority the cost of development of external access road and drain at the rates determined by the Authority in lieu of developing the same; and (c) the plot area as decided by the Authority shall be earmarked for onsite solid waste management as per relevant rules. (iii) For plots having area above 1 (one) Hectare and up to 2 (two)
(a) the minimum reservation of land for open space, streets, community facility and public utilities shall be a minimum of 30% (thirty percent) of the total area of the layout, out of which at least 7.5 percent of the total area shall be reserved for open spaces;
(b) common plot with an area of at least 5% (five percent) shall be reserved for providing community facilities and public utilities;
(c) a public thoroughfare shall be provided on one side of the land, as decided by Authority, within the layout to provide access to the adjacent land locked plots, if any, which will not have access otherwise;
(d) the owner or owners of land has to develop the access road to the site and storm water drain to the site as determined by the Authority: Provided that the owner of the land will have the option to pay to Authority the cost of development of external access road and drain at the rates determined by the Authority in lieu of developing the same; and
(e) the plot area as decided by Authority shall be earmarked for on-site solid waste management as per relevant rules.
(iv) For plots having area above 2 (two) Hectare and up to 10 (ten) Hectare,— (a) the minimum reservation of land for open space, streets, community amenities and public utilities shall be a minimum of 35% (thirtyfive percent) of the total area of the layout, out of which at least 10% (ten percent) of the total area shall be reserved for open spaces;
(b) common plot with an area of at least 7.5 percent is to be reserved for providing community facilities and public utilities;
(c) a public thoroughfare shall be provided on at least one side of the land, as decided by Authority, within the lay out to provide access to the adjacent land locked plots, which will not have an access otherwise;
(d) the owner or owners of land has to develop the access road and storm water drain to the site as determined by the Authority: Provided that, the owner or owners will have the option to pay to Authority the cost of development of external access road and drain at the rates determined by the Authority in lieu of developing the same; and
(e) the plot area as decided by Authority shall be earmarked for on-site solid waste management as per relevant rules.
(v) For plots having area above 10 Hectare,
(a) the minimum reservation of land for open space, streets and community facilities and public utilities shall be 40% (forty percent) of the total area of the layout, out of which at least 10% (ten percent) shall be reserved for open spaces;
(b) a maximum of 50% (fifty percent) of the gross area shall be used for residential purpose;
(c) mixed land use shall be provided in such layouts with a provision of maximum of 20% (twenty percent) of gross land area;
(d) common plot with an area of at least 10% (ten percent) is to be reserved for community facilities and public utilities;
(e) a public thoroughfare shall be provided at least on two sides of the land, as decided by Authority, within the lay out to provide access to the adjacent land locked plots, which will not have an access otherwise;
(f) the owner or owners of land has to develop the access road and storm water drain to the site as determined by the Authority:Provided that, the owner or owners may have the option to pay to Authority the cost of development of external access road and drain at the rates determined by the Authority in lieu of developing the same; and
(g) the plot area as decided by Authority shall be earmarked for on-site solid waste management as per relevant rules.
Reservation for Affordable Housing.—
(1) Every plot with area more than 0.4 hectare shall have reservation of land for development of housing units for EWS and LIG.
At least 20% (twenty percent) of saleable residential land shall be earmarked for EWS and LIG category.
It is further provided that plots carved out for EWS and LIG categories in an approved layout shall not be amalgamated and or sub-divided, unless they are proposed to be developed as a housing project consisting of dwelling units of exclusively Economically Weaker Sections and Lower Income Groups.
Minimum size for EWS and LIG plots shall not be less than 30 (thirty) square meters and 50 (fifty) square meters, respectively.
In cases, where the land for layouts is less than 2 (two) hectare and where EWS or LIG plots are not being provided in such layouts, the applicant shall pay a “shelter fee” equivalent to 25% (twenty-five percent) of the Benchmark Value of land that would have been reserved for such EWS and LIG plots.
Hierarchy and Width of Roads.
(1) The hierarchy and width of roads in cases of sub-division layout shall be as per following extent, namely:— (i) The site of sub-division layout shall have an access road from existing public or private pucca roads as specified in Table No.18 below:
|Table No.18: Minimum road width (ROW) for Sub-division Layouts
|Area for Development (In Hectare)
||Minimum Right of Way
||Up to 1.0
||1.0 to 4.0
Note: For EWS/LIG housing scheme, the minimum road width may be relaxed by the Authority. (ii) The width of the internal roads of a sub-division layout shall be as specified in Table No.19 below:
|Table No.19: Minimum ROW of Internal Roads
|Length of Road (in Meters)
||Minimum ROW (in Meters)
||Non-residential and Mixed Use
||Up to 250
||Above 250 and up to 500
||Above 500 and up to 1000
||More than 1000
Explanation: - The length of the road shall be distance from the middle point where the roads meets the next higher roads.
(2) In case of layout for sub-division of plot in an existing built up area surrounded by buildings, the minimum width of access road can be relaxed by the DP and BP Committee and which can be done only in such cases where there is no possibility of widening the access road to the proposed sub-division layout to the standards as given in clause (i) of subrule (1) and this shall be subject to the condition that maximum FAR on the individual plots in such a layout shall be proportionately reduced.
(3) Further, in case of layouts for Economically Weaker Sections, the minimum road width may be relaxed to 6.0 meters.
4) Provision of Cul-de-sac of minimum 7.5 meters radius shall be provided for dead end streets of 9 meters ROW with a maximum road length of 100 meters, however Cul-de-sac shall not be required in case the length of the road for the dead end street is only up to 25 meters.
(5) The road side drainage shall be an integral part of roads with provision of proper slopes so as to dispose-off rain water runoff.
(6) The side of the roads shall be provided with pathway by using pervious materials so as to ensure maximum ground water recharge.
Provisions for Industrial Layouts
(1) The planning standards for reservations of land for sub-divisional layouts for industrial estates shall be as per rule 85 except as provided hereunder:
(i) except for the land reserved for open space, streets and common plots, the rest of the land may be utilised for any purpose as specified in the applicable industrial policy resolution of the State Government;
(ii) for areas above 10 hectare, also reservations for open space, streets, common plots may be limited to 35% of the total area of the layout, out of which 10% each shall be reserved for open space and common plotS
(iii) for layouts having total area more than 2 hectare, 5% of the total area shall be reserved for public transport uses. This area can be reserved out of half of the total reservation applicable for common plot areas and the said area shall be made available without any fees or charges to Authorities or agencies which are responsible for planning and development of public transport infrastructure for the layout are
(iv) The land reserved for open space shall be located in one central place and out of which, an area to the extent of 5 percent of the open space area may be developed only with ground floor structure for the purpose of parking, water tank, public toilets, crèche and library and other such proposes which are incidental to the main purpose for which the open space is used.
The common plot area may be used for Local Area offices, Post Offices, Telephone Exchange, Fire Stations, Police Stations, Electric Sub-station, Water Supply Works, Drainage Works, Common Facility Centre/Recreation Centre, Industries Association offices, Training Centre, Pollution Control Laboratories, Sulabh Shauchalaya, informal shopping.
The size of the plot shall not be less than 300 square meters with minimum plot width of 15 meters.
(1) For plots or Bye plots which are sub-divided amongst members of a family under relevant laws, the provisions made under sub-division layout shall not apply provided such sub-divided land parcels are accessible by adequate width of road.
For development of a sub-divisional layout for farm houses and country homes following norms shall apply, namely:—
(i) Plot size shall not be less than 1.0 hectare and 2000 square meters for farm houses and country homes; respectively;
(ii) Access road to each of the plot shall not be less than 9 meters; and
(iii) Community facilities and public utilities shall be developed over 10 percent of the area of the project.
The land covered by roads, open spaces or other purposes shall be handed over to resident welfare association for use and maintenance, out of which, land reserved for roads and open spaces shall be made available to concerned local body or any Government agencies by way of deed of gift, if same is required by them.
SITE LAYOUT APPROVAL
(1) Site layout approval shall be applicable to projects which are located on plots where layout approval for sub-division has not been taken.
Site layout approval shall be for all category of projects including Apartment, Housing projects, commercial, industrial, institutional or combination of one or more of this purpose or such other purpose as may be considered confirming to the provisions in these rules.
Site Layout Approval.—
(1) Site layout approval of a land shall normally be considered only along with application for building plan approval and in such cases, application submitted in Form – I, as appended to the Odisha Development Authorities (Common Application Form) Rules, 2016 for building plan approval shall be sufficient.
The applicant shall surrender such part of the land which is affected by roads and storm water drains proposed in development plan or is required for widening of roads as determined by the Authority before grant of permission.
Surrender of land to the concerned Authority shall be free of all cost and charges and in lieu of such surrendered land, the applicant shall be entitled for grant of Transferable Development Rights (TDR) Certificate as per the provisions prescribed in rule 36.
A public thoroughfare may be provided on at least one side of the land, as decided by the Authority, within the site lay out to provide access to the adjacent land locked plots and in such cases, the applicant shall be entitled to for grant of Transferable Development Rights (TDR) certificates, subject to the provision that for projects or plots more than 1 (one) hectare provision of public thoroughfare on one side of the land is mandatory.
Provisions for integration of public transport infrastructure and other such requirements shall be made as per guidelines formulated under rule 53.
Restriction on Compounding.
(1) Any deviation pertaining to unauthorized development shall not be compounded in the following cases, namely:—
(i) where construction has been undertaken on Government land or land belonging to local body or land not owned by the person undertaking such development;
(ii) where development has been undertaken unauthorisedly within the prohibited limits of any ancient or archaeological monuments;
(iii) where such developments interfere with the natural drainage of the locality;
(iv) where such unauthorized development results in provisioning of parking below the prescribed norms; and (v) where road or drain whether public or private, whether constructed or natural, has been encroached
Subject to the provisions contained in sub-rule (1), the Authority shall have the power to determine other such circumstances where compounding shall be prohibited.
The Authority may, either before or after the institution of the proceedings under the provisions of the Act compound any offence,—
(i) where development has been undertaken without permission, but is within the framework of use restrictions and provisions of these rules as applicable to the specific plot;
(ii) where deviations has been made up to 10% (ten percent) beyond the permissible norms of these rules in respect of front, rear and side setbacks within the permissible FAR limits on payment of such compounding charges as may be prescribed in the regulations, from time to time.
(iii) where deviations has been made up to 10% (ten percent) in consumption of FAR beyond the permissible limits on payment of such charges which are equivalnt to charges notified for Purchasable FAR.
The limitations on extent of compounding as prescribed under these rules shall be prospective in nature and shall apply only to building plans approved under these rules.
It is provided that cases of compounding of unauthorised development related to building plans approved prior to commencement of these rules shall be regularised as per norms of compounding of earlier regulations under which such plan was approved but charges for such compounding shall be as per regulations.
In case of houses constructed on a plot having area not more than 40 square meters and height not exceeding 10 meters, compounding of offence relating unauthorized or deviated construction shall be allowed with reference to set-backs and coverage and the maximum deviation in FAR is 10% (ten percent) of the permissible FAR.
Manner of utilisation of the Compounding Amount.
At least 50% of the compounding amount shall be deposited in the Comprehensive Development Plan Infrastructure Development Fund (CIDF) of the Authority for taking up development of city level infrastructure
(1) The Authority may allow retention of any unauthorized structure for temporary period such as workmen shed, storage shed for construction materials, watch & ward room during the time of construction and till issue of completion certificate.
The type of structure to be retained, the period of retention and the fees to be deposited shall be as prescribed by the Authority in the regulations.
Interim Development Plans.—
The Authority may prepare Interim Development Plans (IDP) for newly included development areas and where such Interim Development Plans (IDP) has not been prepared, the general provisions of these rules shall apply for regulating development.
Applicability of National Building Code.—
Where no express provision has been made in respect of any matter connected with planning and building standards in the Act or rules, Development Plan, Town Planning Schemes, or these rules or by any resolution of the Authority; then in such cases provisions of the National Building Code of India shall apply, mutatis mutandis, to such extent.
Applicability of provisions to committed project.—
Where any Department of the State Government or Local Body or Statutory Authority had given any commitment for development of a project under PPP model prior to commencement of these rules, then the building plan of such a project shall be approved as per provisions of the regulations then in force under which such commitment was made, notwithstanding that these rules has come into force.
Decision of the Government to be final.—
In case any doubt arises with respect to interpretation of these rules or in case of any dispute in interpretation of these rules, the decision of the State Government shall be final.
Relaxation by the Government.—
The Authority may recommend to the State Government for relaxation or modification of any of the clauses of these rules in the general interest of the public pertaining to projects or schemes developed by the State Government or any of its agency by itself or on PPP model or for any institutional building and the decision of the State Government in this regard shall be final.
Framing of Regulations.—
The Authority may in accordance with the provisions of the Act, frame city specific regulations in respect of industrial towns, smart districts, heritage area, town planning scheme area, redevelopment and re-densification area, old areas, transit oriented zone, mixed use zone or any other specific purpose, not covered under these rules and such regulations shall be considered as under the provisions of these rules, to the extent provided in such regulations.
Cessation of provisions of other Rules and Regulations.—
On and from the date of commencement of these rules, the provisions of other rules and provisions of the Planning and Building Standard Regulations issued by the Development Authorities which are inconsistent with, or a repetition of, the provisions of these rules shall cease to operate