No.15190—Planning (R&L)-120/2016-BDA — Whereas, the draft of the Bhubaneswar Development Authority (Planning and Building Standards) Regulations, 2017 was published as required by sub-section (2) of section 125 of the Odisha Development Authorities Act, 1982 (Odisha Act 14 of 1982) in the Extraordinary issue No.1016 of the Odisha Gazette, dated the 27th May 2017 under the notification of the Bhubaneswar Development Authority No.12741/BDA, dated the 23rd May, 2017, inviting objections and suggestions from all persons likely to be affected thereby till the expiry of the period of fifteen days from the date of publication of the said notification in the Odisha Gazette.
And whereas, objections and suggestions received before the expiry of the period so specified in respect of the said draft have duly been considered by the Bhubaneswar Development Authority.
Now, therefore, in exercise of the powers conferred by section 124 of the said Act, and in supersession of the Bhubaneswar Development Authority (Planning and Building Standards) Regulations, 2008 except in respect of things done or omitted to be done before such supersession, the Bhubaneswar Development Authority with the approval of the State Government makes the following Regulations namely:—
Short title, extent and commencement.—
(1) These regulations may be called the Bhubaneswar Development Authority (Planning and Building Standards) Regulations, 2018
(2) They shall extend to the whole area within the jurisdiction of Bhubaneswar Development Authority as notified from time to time.
(3) They shall come into force on the date of their publication in the Odisha Gazette.
(1) In these regulations, unless the context otherwise requires,—
(i) “Act” means the Odisha Development Authorities Act, 1982 (Act 14 of 1982);
(ii) “addition” or “alteration” means change from one occupancy to another or a structural change, such as addition to the covered area or height or the removal of part of a building or construction or cutting into or removal of any wall, partition, column, beam, joist, floor or other support, or a change to the fixture of equipment of the building;
(iii) “Advertising Sign” means any surface or structure with characters, letters or illustrations applied there to and displayed in any manner whatsoever outdoors for the purpose of advertising or giving information or to attract the public to any place, person, public performance, article, or merchandise, and which surface or structure is attached to, forms part of, or is connected with any building, or is fixed to the ground or to any pole, screen, fence or hoarding or displayed in space, or in or over any water body included in the jurisdiction of the Authority;
(iv) “Affordable Housing Projects”, “Affordable Housing Units” and “Slum” shall have the same meaning as defined in Policy for Housing for All in Urban Areas, Odisha 2015 and as amended from time to time
(v) “Agricultural use” means use of land for the purpose of agriculture, horticulture, sericulture, animal husbandry, poultry farming, plant nursery, piggery, dairy farming, vegetable farming and any activity related to agriculture or milk chilling plant;
(vi) “Air-Conditioning” means the process of treating air so as to control simultaneously its temperature, humidity, cleanliness and distribution to meet the requirement of conditioned space;
(vii) “Air Port Reference Point” means a designated point which is established in the horizontal plane at or near the geometric center of the landing area;
(viii) “Annexure” means an Annexure appended to these regulations; (ix) “apartment or flat” means a dwelling unit in a building;
(x) “apartment building” means a building having more than four dwelling units constructed in one block only;
(xi) “Applicant” means the person who is the owner of the land or building or has a title over the land or building and includes,— (a) an agent or trustee who receives rent on behalf of the owner; (b) an agent or trustee who receives rent or is entrusted with or is concerned with any building devoted to religious or charitable purpose; (c) receiver, executor or administrator or a manager appointed by any Court of competent jurisdiction to have the charge of or to exercise the rights of the owner; and (d) a mortgagee in possession;
(xii) “Approved” means approved by the Authority; (xiii) “Art Commission” means the Commission constituted under sub-section (1) of section 88
(xiv) “assembly building” means a building or part of a building where group of people not less than 50 congregate or gather for amusement, recreation, social, religious, patriotic, civil, travel and similar purposes such as, theaters, motion picture houses, assembly halls, auditoria, exhibition halls, museum, skating rinks, gymnasium, restaurants, places of worship, dance halls, club rooms, passenger stations and terminals of air, surface and marine public transportation services, recreation piers and stadia, Baarat Ghar and Kalyan Mandap etc.;
(xv) “balcony” means a projection to serve as passage or sit out place including a hand rail or balustrade;
(xvi) “barsati” means a habitable room not exceeding 30% of the covered area, on the top floor of the building with toilet and kitchen unit built contiguously;
(xvii) "base FAR" shall have the same meaning as defined in the Odisha Transferable Development Rights Rules, 2015;
(xviii) “basement” or “cellar” means lower storey of a building, below or partly below the ground level;
(xix) “basti area” means an area declared as such under a Development Plan and in the absence of such declaration, any area comprising of old village settlements and covering such extent of land as may be determined by the Authority in consultation with the concerned Local Body;
(xx) “basti plot” means a plot having a width ranging between 4.0 meter and 6.3 meter, the depth being more than three times the width and located in a basti area;
(xxi) “building accessory” means a subordinate building, use of which is incidental to that of a principal building on the same plot such as garage, coal or fuel shed or for use by peons, chowkidars or domestic servants;
(xxii) "building envelope" means the horizontal spatial limits up to which a building may be permitted to be constructed on a plot;
(xxiii) “building height” means the vertical distance measured in the case of flat roofs from the average level of the center line of the adjoining street to the highest point of the building adjacent to the street and in the case of pitched roofs, up to the point where the external surface of the outer wall intersects the finished surface of the sloping roof and in the case of gables facing the road, the midpoint between the eaves level and the ridges;
If the building does not abut on a street, the height shall be measured above the average level of the ground around and contiguous to the building.
(xxiv) “building line” means the line up to which the plinth of a building adjoining a street or an extension of a street or on a future street may lawfully extend and includes the lines prescribed in any development plan in operation for any area under the jurisdiction of the Authority or specification indicated in any Town Planning or Development Scheme, or in these regulations; (xxv) "Cabin" means a non-residential enclosure constructed of non-load bearing partitions;
(xxvi) “Canopy” means a cantilevered projection from the face of the wall at lintel or slab level over any entrance, provided that — (a) it shall not project beyond the plot line; (b) it shall not be lower than 2.3m or 7’-6” when measured from the ground; and (c) there shall be no structure on it and the top shall remain open to sky;
(xxvii) "carpet area" means the net usable floor area of an apartment, excluding the area covered by the external walls, areas under services shafts, exclusive balcony or verandah area and exclusive open terrace area, but includes the area covered by the internal partition walls of the apartment.
Explanation.— For the purpose of this clause, the expression "exclusive balcony or verandah area" means the area of the balcony or verandah, as the case may be, which is appurtenant to the net usable floor area of an apartment, meant for the exclusive use of the allottee; and "exclusive open terrace area" means the area of open terrace which is appurtenant to the net usable floor area of an apartment, meant for the exclusive use of the allottee;
(xxviii) “chajja” or “sun-shade” means a sloping or horizontal structural overhang, usually provided for protection from sun and rain or for architectural considerations at lintel level;
(xxix) “chimney” means an upright shaft containing and encasing one or more flues provided for the conveyance to the outer air of any product of combustion; resulting from the operation of any heat producing appliance or equipment employing solid, liquid or gaseous fuel;
(xxx) “commercial building” means a building or part of a building, which is used for transaction of business, keeping of accounts and records or for similar purposes and includes Banks, Commercial Offices Corporate offices, mercantile buildings like shops, stores, market display and sale of merchandise either in wholesale or retail, or offices, storage or services facilities incidental to the sale of merchandise, Cinema Halls, Petrol Pumps, Hotels, Restaurants, Lodge-cum-guest houses and Dharma Kantas, etc;
(xxxi) “common Plot” means a single or multiple plots of land which are, reserved during the layout approval for providing community facilities and public utilities and 50% of the area so reserved shall be used to provide required infrastructure for integration of public transport requirement, public washroom complexes, busstops, Origin-Destination Terminals etc. The land so required shall be provided to BDA or any other Public Authority for building of such public infrastructure.
(xxxii) “Competent Authority” means Vice Chairman of Bhubaneswar Development Authority;
(xxxiii) “corner plot” means a plot at the junctions of, and fronting on, two or more intersecting streets. In such cases, frontage would be on the street having larger width and where two streets are of same width, then the larger side of the plot will decide the frontage. The location of a garage (on a corner plot) if provided within the open space shall be located diagonally opposite the point intersection;
(xxxiv) “cornice” means a sloping or horizontal cantilevered projection at lintel level over any entrance or external walls to provide protection from sun and rain;
(xxxv) “covered area” means in respect of ground floor, area covered immediately above the plinth level by the building but does not include the open space covered by,—
(a) garden, rockery, well and well-structures, rainwater harvesting structures, plant nursery, water-pool (if uncovered), platform round a tree, tank, fountain, bench, chabutara with open top unenclosed on sides by walls, boundary wall, swing, and area covered by chhajja without any pillars etc, touching the ground;
(b) drainage, culvert, conduit, catch-pit, gully pit, inspection chamber, gutter and the like; and
(c) compound wall, gate, slide/ swing door, canopy, and areas covered by chajja or similar projections and staircases which are uncovered and open at least on three sides and also open to sky;
(d) Watchmen booth, pump house, garbage shaft, electric cabin or substations, and such other utility structure meant for the services of the building under construction;
(xxxvi) “Cul-de-sac” means such means of access having length upto 150 meter with an additional turning space not less than 81 square meters in area having no dimension less than 9 meter.; (xxxvii) “Damp-Proof Course” means course consisting of some appropriate water proofing material provided to prevent penetration of dampness;
(xxxviii) “Detached building” means a building whose walls and roof are independent of any other building with open spaces on all sides;
(xxxix) “Developer” means,—
(a) a person who constructs or causes to be constructed an independent building or a building consisting of apartments or converts an existing building or a part thereof into apartments for the purpose of selling all or some of the apartments to other persons and includes his assignees; or
(b) a person who develops land into a project, whether or not the person also constructs structures on any of the plots, for the purpose of selling to other persons all or some of the plots in the said project, whether with or without structures thereon; or
(c) any other person who acts himself as a builder, coloniser, contractor, promoter, estate developer or by any other name or claims to be acting as the holder of a power of attorney from the owner of the land on which the building or apartment is constructed or plot is developed for sale; or (d) such other person who constructs any building or apartment for sale to the general public; or (e) Bhubaneswar Development Authority or any other public body in respect of allottees of— buildings or apartments, as the case may be, constructed by the Authority or such body on lands owned by them or placed at their disposal by the Government, for the purpose of selling all or some of the apartments or plots; or (f) an apex State level co-operative housing finance society and a primary co-operative housing society which constructs apartments or buildings for its Members or in respect of the allottees of such apartments or buildings.
(xl) “deviation” means any construction made in departure from the approved plan by way of alterations or additions, modifications in the total floor area, coverage, floor area ratio (FAR), setbacks, height, parking space, provision of public utilities etc.;
(xli) “drain” means a line of pipes including all fittings and equipment such as manholes, inspection chamber, traps, gullies and floor traps, used for the drainage of a building or a number of buildings, or yards appurtenant to the buildings within the same cartilage and includes open channels used for conveying surface water;
(xlii) “drainage” means the removal of any liquid by a system constructed for purpose;
(xliii) “dwelling unit” means an independent housing unit with facilities for living, cooking and sanitary requirements;
(xliv) “educational building” means a building exclusively used for a school or college recognized by the appropriate Board or University or any other Competent Authority involving assembly for instruction, education or recreation incidental to educational use including quarters for essential staff required to reside in the premises, and building used as a hostel captive to an educational institution whether situated in its campus or outside and a building for such other uses as research institution;
(xlv) “enclosed stair-case” means a stair-case, separated by fire resistant walls from the rest of the building;
(xlvi) “encroachment” means an act to enter into the possession or rights either of permanent or temporary nature on a land or built-up property of local body or State or Central Government;
(xlvii) “EWS House” means a house or dwelling unit intended for Economically Weaker Sections with a carpet area of minimum 21 square meters and maximum 30 square meters or as decided by the State Government, from time to time;
(xlviii) “EWS Plot” means a residential plot intended for Economically Weaker Sections having plot area of minimum 30 square meters or more and less than 50 square meters or as decided by the State Government, from time to time;
(xlix) “existing building” means a building, structure or its use, as sanctioned, approved or regularized by the Competent Authority existing before the commencement of these regulations;
(l) “existing use” in relation to use, means a building or structure existing with due approval of the Authority before the commencement of these regulations
(li) “exit” means a passage, channel or means of egress from any building, storey or floor area to a street or other open space of safety;
(lii) “external wall” means an outer wall of a building even though adjoining to a wall of another building and also means a wall abutting on an interior open space of a building;
(liii) “Farm house” means a plot of land including construction thereon in the area designated for agricultural use by the Authority;
(liv) “Farm shed” shall include permanent or temporary structures erected in the plot used for farmhouse
(lv) “Fire Alarm System” means a system of arrangement of call joints or detectors, sounders and other equipments for the transmission and indication of alarm and sometimes used as signals for testing of circuits and whenever required for the operation of auxiliary services and such device may work, automatically or manually, to alert the occupants in the event of fire;
(lvi) “fire lift” means lift specially designed for use by fire service personnel in the event of fire;
(lvii) “Fire Proof Door” means a door or shutter fitted to a wall opening, and constructed and erected with the requirement to check the transmission of heat and fire for a specified period;
(lviii) “Fire Resisting Material” means the material, which is normally used for fire resistance;
(lix) “floor” means the lower surface in a storey on which one normally walks in a building;
(lx) “Floor Area” or “Built-up Area” means the total covered area on all floors of a house;
(lxi) “Floor Area Ratio” (FAR) means the ratio obtained by dividing total covered area on all the floors by the area of the plot;
(lxii) “footing” means the part of a structure, which is in direct contact with the ground and transmitting loads to the ground;
(lxiii) “Form” means a form appended to these regulations;
(lxiv) “foundation” means that part of a structure, which is in direct contact with and meant for transmitting loads to the ground;
(lxv) “gallery” means an intermediate floor or platform projecting from a wall of an auditorium or a hall providing extra floor area, additional seating accommodation, etc. It shall also include structures provided for seating in stadia;
(lxvi) “garage-Private” means a building or a portion thereof designed for parking of privately owned motor vehicles or any other vehicles;
(lxvii) “garage-Public” means a building or a portion thereof designed or used for repairing, servicing, hiring, selling or parking of motor driven or any other vehicles;
(lxviii) “ground floor” shall mean storey, which has its floor surface nearest to the ground around the building;
(lxix) “Group Housing” means premises comprising an area of 4000 square meters or more and where land is owned collectively by a society or otherwise and where construction is taken up by a single agency;
(lxx) “habitable room” means a room having area of not less than 9.0 square meters, width 2.4 meters (min.), height 2.75 meters (min.) occupied or designed for occupancy by one or more persons for study, living, sleeping, eating, cooking if it is used as a living room, but does not include bathrooms, water closet compartments, laundries, serving and storage pantries, corridors, cellars, attics and spaces that are not used frequently or during extended periods;
(lxxi) “Hazardous Building” means a building or part of a building which is used for the storage, handling, manufacture or processing of highly combustible or explosive materials or products which are liable to burn with extreme rapidity or producing poisonous fumes, or the storage, handling, manufacturing or processing of which involves highly corrosive, toxic, obnoxious alkalis, acids or other liquids, gases or chemicals, producing flame, fumes and explosion, poisonous irritant or corrosive gasses and for the storage, handling or processing of any material producing explosive mixture of dust or which result in the division of matter into fine particles subject to spontaneous ignition and includes petrol filling stations;
(lxxii) “Hazardous and obnoxious industry” means industry which creates nuisance to the surrounding development in the form of smell, smoke, gas, dust, air pollution, water pollution and other unhygienic conditions;
(lxxiii) “Hazardous material” means—
(a) radioactive substances;
(b) material which is highly combustible or explosive or which may produce poisonous fumes explosive emanations, or storage, handling, processing or manufacturing of which may involve highly corrosive, toxic, obnoxious alkalis or acids or other liquids
(c) other liquids or chemicals producing flame, fumes, explosive, poisonous, irritant or corrosive gases or which may produce explosive mixtures of dust or fine particles capable of spontaneous ignition; (lxxiv) “Heritage Zone” means the area as delineated in the development plan;
(lxxv) “High Rise Building” means a building whose height is 15 meters or more, measured from the average level of the centre line of the street on which the site abuts;
(lxxvi) "Housing Project" means housing complex on plotted developments or having multiple apartment blocks;
(lxxvii) “illuminated exit signs” means a device for indicating the means of escape during normal circumstances and power failure;
(lxxviii) “industrial building” means a building or part of a building in which products or materials of all kind and properties are fabricated, assembled or processed such as assembly plants, laboratories, power plants, smoke houses, refineries, gas plants, mills, dairies or factories;
(lxxix) “institutional building” means a building constructed by Government, Semi- Government Organizations or Registered Trusts, buildings used for medical or other treatment, Research and Training Centre, Public or Semi Public offices, Hospitals, Dispensaries, nursing homes, poly clinics and Health Centers or for an auditorium or complex for cultural and allied activities or care of orphans, abandoned women, children and infants, convalescents, destitute or aged persons and for penal or correctional detention with restricted liberty of the inmates ordinarily providing sleeping accommodation and includes dharamshalas, hospitals, sanatoria, custodial and penal institutions such as jails, prisons, mental hospitals, houses of correction, detention and reformatories etc.;
(lxxx) “Jhamp” means a downward vertical or sloping projection hanging below the balcony to provide protection from direct sun or rain;
(lxxxi) “Katra” or “Chawl” means a building so constructed as to be suitable for living in separate tenements each consisting a single room, or of two, but not more than two rooms and with common sanitary arrangements;
(lxxxii) “Land Use Zone” or “LUZ” means use assigned to a particular plot of land in the Development Plan or Town Planning Schemes as prepared under the Act; (lxxxiii) “Latrine-connected” means a latrine connected to the municipal sewer system;
(lxxxiv) “Latrine-unconnected” means a latrine not connected to the municipal sewer system but it may be connected to a septic tank or suitable treatment or disposal system
(lxxxv) “Layout” includes sub-divisional layout and site layout;
(lxxxvi) “Ledge” or “Tand” means a shelf-like projection supported in any manner whatsoever, except by means of vertical supports within a room itself but not having projection wider than 1.0 meter and at a minimum clear height of 2.1 meters from the floor level;
(lxxxvii) “LIG House” means a house or dwelling unit intended for low-income groups with a carpet area of minimum 31 square meters and maximum 60 square meters or as specified by the State Government, from time to time; (lxxxviii) “LIG Plot” means a residential plot intended for low income groups with a plot area of minimum 50 square meters and maximum 100 square meters or as specified by the State Government from time to time;
(lxxxix) “Loft” means an intermediate floor between two floors or a residual space in a pitched roof, above normal floor level with a maximum height of 1.5 meters and which is constructed or adopted for storage purposes;
(xc) “masonry” means an assemblage of masonry units properly bonded together with mortar; (xci) “Mezzanine Floor” means an intermediate floor between two floors, above ground level, accessible only from the lower floor;
(xcii) “MIG House” means a house or dwelling unit intended for middle-income groups with a carpet area of more than 60 square meters and maximum 100 square meters or as specified by the State Government from time to time;
(xciii) “mitigation” means measures taken in advance of a disaster aimed at minimizing or eliminating its impact on society and on environment including preparedness and prevention; (xciv) “mixed land use” means mixed use of the building or premises as per provisions of this regulation;
(xcv) "mixed use building" means a building partly used for non-residential activities and partly for residential purpose;
(xcvi) “multi-level car parking building” means a building partly below ground level having two or more basements or above ground level, primarily to be used for parking of cars, scooters or any other type of light motorized vehicles;
(xcvii) “mumty” or “stair cover” means a structure with a covering roof over staircase and its landing built to enclose only the stairs for the purpose of providing protection from weather and not used for human habitation;
(xcviii) “natural hazard prone areas” means areas likely to have moderate to high intensity earthquake, or cyclonic storm, or significant flood flow or inundation, or landslides or mud flows or avalanches, or one or more of these hazards; Note: Moderate to very high damage risk zones of earthquakes are shown in Seismic Zones III, IV and V specified in IS:1893; moderate to very high damage risk zones of cyclones are those areas along the sea coast of India prone to having wind velocities of 39 m/s or more as specified in IS:875(Part 3;) and flood prone areas in river plains (unprotected and protected) are indicated in the Flood Atlas of India prepared by the Central Water Commission, besides, other areas which can be flooded under conditions of heavy intensity rains, inundation in depressions, back flow in drains, inadequate drainage, etc. as identified through local surveys in the development plan of the area and landslide prone areas as identified by State Government or Land surveys;
(xcix) “non-combustible material” means a material, which does not burn nor add heat to a fire when tested for combustibility in accordance with good practice; (c) “non-conforming use of a building or land” means the use of a building or land existing at the time of commencement of these regulations, and which does not conform to the regulations pertaining to the zone in which it is located; (ci) “nursing home” means an establishment which is defined as such under any Act or guidelines of Health and Family Welfare Department of State Government;
(cii) “occupancy or use” means the principal occupancy for which a building or a part of a building is used or intended to be used;
(ciii) “open space”,— (a) with respect to a plot, means an area forming an integral part of the plot, left open to the sky; (b) with respect to a lay-out, means community open spaces reserved for recreational purposes such as parks, playground, tot-lots, etc; (c) with respect to the Development Plans, means a land-use demarcated as such in the Development Plan;
(civ) “overlay regulations” means regulations mentioned as such under these regulations for specific purpose or area or zone, which shall supersede all other corresponding provisions of these regulations to the extent provided in such overlay regulation(s);
(cv) “parapet” means a low wall or railing built along the edge of a roof or a floor having a minimum height of 1.0 meter;
(cvi) “parking space” means an area enclosed or unenclosed, covered or open, of sufficient size to park vehicles, together with a driveway connecting the parking space with a street or any public area and permitting ingress and egress of the vehicles;
(cvii) “partition” means an interior non-load bearing wall, one storey or part of a storey in height;
(cviii) “performance security” means a security deposit to be deposited with the Authority by the Builder/ Developer/ Applicant as per provision of this regulation; (cix) “permit” means a permission or authorization given by the Authority in writing to carry out the development as regulated by these regulations.
(cx) “plantation” means plantation of plants and trees;
(cxi) “plinth” means the portion of a structure between the surface of the surrounding ground and the surface floor, immediately above the ground;
(cxii) “plinth area” means the built up area measured at the floor level of ground floor;
(cxiii) “porch” means a covered surface supported on pillar or otherwise for the purpose of pedestrian or vehicular approach to a building;
(cxiv) “public utilities” or “public utility service” means drainage, sewerage, electricity, water supply, solid waste disposal, sanitation, fire services, roads and any other support or infrastructure and the like for which a building has to depend on public bodies, authorities or agencies; (cxv) “ramp” means a passage with gradual slope joining two level surfaces;
(cxvi) “real estate development” means development undertaken for sale;
(cxvii) “residential building” means a building in which sleeping accommodation is provided for normal residential purpose with or without cooking or dining or both facilities and includes one or two or multi-family dwelling dormitories, apartment houses, flats and hostels;
(cxviii) “Resident’s Welfare Association” or “RWA” means an association, formed
under the Societies Registration Act, 1860 or Odisha Apartment Ownership Act, 1982 or any other provision of law prescribed in this regard, of the group of residents of a particular defined locality which may include Housing Projects, residential township or any such inhabited areas, for representation of its residents and for improvement and maintenance or up-keep of infrastructure of such locality or residential areas;
(cxix) “road” means any access viz. highway, street, lane, pathway, alley, or bridge, whether a thoroughfare or not, over which the public have right of passage or access or have passed and had access uninterruptedly for a specified period and includes all bunds, channels, ditches, storm water drains, culverts, side tracks, traffic islands, road side trees and hedges, retaining walls, fences barriers and railings within the road line;
(cxx) “road width” or “width of road or street” or “Right of Way of road or street” means the whole extent of space within the boundaries of a road when applied to a new road or street as laid down in the city survey or development plan or prescribed road lines by any act of law and measured at right angles to the course or intended course of direction of such road;
(cxxi) “room height” means the vertical distance measured from the finished floor level to the finished ceiling; (cxxii) “Row Housing” means a row of contiguous houses with only front and rear open spaces; (cxxiii) “rule” means the rules framed under the Act;
(cxxiv) “Schedule” means a Schedule appended to these regulations;
(cxxv) “section” means section of the Act;
(cxxvi) “semi-detached building” means building detached on three sides (front, rear and side) with open spaces as specified under these regulations;
(cxxvii) ‘service floor’ means a storey of maximum 2.40 mtrs. height below the beam between any two storeys above ground floor to be allowed in case of more than four storied buildings for running electrical cables, water or sewerage lines, service ducts or AC ducts and services and their maintenance only;
(cxxviii) “service lane” means a lane provided at rear or side of a plot for service purposes;
(cxxix) “service road” means a road/ lane provided at the front, rear or side of a plot for service purpose
(cxxx) “set back” means the distance between the plinth lines of the building and the boundary of the plot;
(cxxxi) “settlement” means a human settlement, whether urban or rural in character. It includes habited villages, towns, townships, cities and the areas notified under the control of the Authority;
(cxxxii) “side depth” means horizontal distance between the front and rear side boundaries;
(cxxxiii) “site” means a parcel or piece of land enclosed by definite boundaries;
(cxxxiv) “site with double frontage” means a site having frontage on two streets other than corner plot;
(cxxxv) “site layout” means carving out a final plot from a parcel of land, comprising of one or more than one revenue plots into a buildable site with a provision for streets giving adequate access to the proposed site, other boundary plots and roads and drains as per development plan leaving a common plot for common utilities and other public infrastructure development. (cxxxvi) “smoke stop door” means a door for preventing or checking the spread of smoke from one area to another;
(cxxxvii) "special building" means all buildings like assembly, industrial, buildings used for wholesale establishments, hotels, hostels, hazardous, mixed occupancies with any of the aforesaid occupancies and centrally air conditioned buildings having total built up area exceeding 500 square meters;
(cxxxviii) “spiral staircase” means a staircase forming continuous winding curve round a central point or axis provided in an open space having tread without risers;
(cxxxix) “stilt floor” means a floor supported by pillars with all four sides open to be used for parking, switch room, generator room, society room and information room with minimum height of 2.4 meter; (cxl) “storage building” means to a building or part of building used primarily for the storage or sheltering of goods, storehouses, hangers, terminal depot, grain elevators, barn or stables; (cxli) “storage space” means a space where goods of non-hazardous nature are stored and includes cold storage and banking safe vaults;
(cxlii) “store room” means a room used as storage;
(cxliii) “storey” means the space 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, but shall not include a mezzanine floor;
(cxliv) “Sub-divisional layout” means division of a plot or parcel of land, with or without amalgamation of revenue plots, into two or more final plots after providing for streets, roads and drains as per development plan, right of way for utilities, common plot, open space etc. as per norms specified;
(cxlv) “Supervisor” means a person having Diploma in Architectural Assistantship/ Diploma in Civil Engineering or equivalent qualification;
(cxlvi) “tenements” means room or rooms in the occupation of , or meant for the occupation of one tenement;
(cxlvii) “Through Block Linkage” means a non-motorised, open-to-sky public path or walkway within the block (i.e., land parcel, defined by public streets on all sides) to provide shorter access to pedestrians and NMT and to improve walkability;
(cxlviii) “to abut” means to abut on a road so that any portion of the building is on the road boundary;
(cxlix) “transit priority corridors” means major public streets which will be prioritized by public agencies for providing public transport systems including mass transit systems.
(cl) “unauthorized construction” means the erection or re-erection, addition or alternation which is not approved or sanctioned by the Authority;
(cli) “Underground or Overhead Tank” means an underground or overhead water tank, constructed or placed, to store water;
(clii) “unsafe building” means buildings which are structurally and constructionally unsafe, or in-sanitary, or do not provide adequate means of progress, or which constitute fire hazard, or are otherwise dangerous to human life or property, or which in relation to existing use constitute a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation or abandonment;
(cliii) “ventilation” means the supply of outside air into a building through window or other openings due to wind outside and convection effects arising from temperature, or vapour pressure differences (or both) between inside and outside of the buildin
(cliv) “verandah” means space with at least one side open to the outside with the exception of one-meter parapet on the upper floors to be provided on the open side;
(clv) “water closet (W.C.)” means a privy with arrangement for flushing the pan with water but does not include a bath room;
(clvi) “watercourse” means a natural channel or an artificial channel formed by draining or diversion of a natural channel meant for carrying storm and wastewater;
clvii) “Window” means an opening to the outside other than a door, which provides all or part of the required light or ventilation, or both to an interior space;
(2) Words and expressions used in these regulations, but not defined, shall have the same meaning as respectively assigned to them in the Act and rules made thereunder or in the National Building Code of India, as amended from time to time.
Applicability of regulation.—
Subject to the provisions of the Act and rules made thereunder, these regulations 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 regulations shall, so far as it is not inconsistent with the provisions of these regulations 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 regulations.
Where any building has been constructed without an approved plan, the provisions of these regulations shall be insisted upon.
Where any building has been constructed with deviation of an approved plan, the provisions of these regulations shall be insisted upon except for the provisions related to compounding where benefit of earlier regulation under which approval was given would have been extended.
(1) Any person who intends to erect, re-erect or make additions or alterations in any building or demolish any building or carryout layout of land or for change of use of any land or 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 upto 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 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 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;
(h) 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
(i) 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 plans of the buildings and elevations and sections accompanying the notice shall be drawn to a scale of 1:50 for plots measuring upto 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, and shear walls; and 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. This may also include prescription of guidelines for color coding of areas to be used for various uses, utilities etc
(v) 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 (iv), 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; and
(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).
(t) segregated sanitation for visitors. (refer to Annexure-II).
(vi) 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;
the landscape plan, which is to be developed to a scale of 1:100 for plots upto 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;
(viii) 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;
(ix) the Construction and Demolition Waste Management Plan for the projects over an area of 500 Square meter of plot size, apartments and high rise buildings shall include Construction and Demolition Waste Management Plan as per the Construction and Demolition Waste management Rules, 2016 and relevant guidelines of the Urban Local Bodies, if any, and such disposal of construction and demolition waste shall be done only at notified sites and shall be in complete compliance of the Construction and Demolition Waste Management Rules, 2016 and byelaws and guidelines of concerned Public Authorities.
(x) 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. Occupancy certificate shall be issued, only after such external infrastructure are laid down as per specifications of EIDP. For areas outside Urban Local Bodies, EIDP shall be checked and approved by Engineer Member of the Authority.
(xi) 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.
The following Certificates or Clearances shall be accompanied with the application submitted under sub-regulation (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) No Objection Certificate from the Odisha State Housing Board, Bhubaneswar 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 wherever applicable. (Refer Chapter-IX and Annexure-III for Environmental condition for compliance during building approvals as notified by 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 located in Odisha.
(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 colouring notations of the Plans shall be as specified in the Table below and where items of work are not identified, the colouring notation used shall be indexed.
Table No. 1: Colouring notation of the plan
Computer Plots or plain paper copies or ammonia prints
(a) Revenue plot Boundary
(b) Sub-divided/Amalgamated Plot Boundary
Permissible building line
Thick Dotted Black
Existing work (Outline)
Work Proposed to be demolished
Proposed (a) Additions and Alterations
Red filled in
(b) Entirely New work
Not to be colored
Drainage and sewerage
Black Dotted Thin
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.
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 regulations.
2)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-regulation (1) is in violation of the norms of this regulation he shall bring this to the notice of the Competent Authority.
3)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.
4)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.
5)An appeal against an order passed under sub-regulation(3) shall lie to the State Government under section 18.
7)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-regulation (1), the applicant shall also pay the following fees at such rates and in such manner as decided by the Authority, from time to 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) 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 Rs.100 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
2)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 Rs. 100 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.
3)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.
4)The security deposits shall be refunded within 30 days from the date of issue of occupancy certificate:
5)In case of sub-divisional layouts, the security deposit shall be refunded after compliance of the following conditions:—
(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
(iii) 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 of permission 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-regulation (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-regulation (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 regulations on the security deposit, shall be deemed to
be made on such performance security.
(1) No permission shall be required for the works specified in clause- 12.4.1, Part-2 of the National Building Code of India and section 15.
2)All clarifications with respect to deficiency in the plan, documents shall be sought for from the applicant within 30 days after receipt of application:
3)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 theAuthority shall pass orders as per rules and regulations.
4)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.
5)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
If, within a further period of one month from the date of receipt of the application drawing such attention as mentioned in sub-regulation (5), 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.
10)Maintenance of Register.—
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.
11)Construction not according to plan.—
(1) If the Authority finds at any stage that the construction is not being carried on according to the approved plan or is in violation of any of the provisions of these regulations, it shall cause notice to the owner disallowing further construction until necessary corrections in the plan are made and the corrected plan is approved.
2)If the owner fails to comply with the requirements at any stage of construction, the Authority may cancel the building permission issued and shall cause notice of such cancellation to be pasted upon the said construction.
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.
3)The notification under sub-regulation (3) shall also be published in one widely circulated newspaper as public notice.
4)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.
5)The above mentioned procedure shall also be followed in case of deviation of the
6)An appeal against an order passed under this regulation shall lie to the State Government under section 18.
7)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.
12)Information at the site of construction.—
(1) Whenever tests of any material are made to ensure conformity of the requirements of these regulations, 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.
2)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.
13)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 regulations 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.
2)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 Rs.1000/-. (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.
3)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.
14)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 regulations.
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.
15)Certificate for occupancy.—
(1) On the basis of intimation to Authority under subregulation (2) of regulation 13, 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.
The occupancy certificate shall also state the use or type of occupancy of the building: 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.
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 BDA 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 have been altered beyond the approved plan, then Competent Authority may take steps for cancellation of occupancy certificate and in such cases provisions of sub-regulation (3) and (4) 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 regulations.
The Authority, on the recommendation of the Art Commission, may issue public notices, from time to time, prescribing the architectural norms in different zones.
17)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 regulation, 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-regulations (1) and (2), construction or re-construction or addition or alteration shall be allowed only on production of clearance certificate from the Authority concerned, as per the provisions of law.
If a building or premises, not covered under the Ancient Monument Preservation Act, 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-regulation (4) shall lie to the State Government under section 18.
18)Construction near important buildings.—
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 and any other such important building as may be notified by the Competent Authority, from time to time.
19)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.
20)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 regulations and the National Building Code of India.
2)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 regulations;
(ii) obtain, where applicable, from the Competent Authority permissions or clearance required in connection with the proposed work; and (iii) obtain an Occupancy Certificate from the Authority prior to occupation of building in full or part.
21)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 regulations or under any other law for the time being in force.
Approval of plan shall mean granting of permission to construct under these regulations 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-regulation (2).
22)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 namely:—
(a) Vice-Chairman, BDA: Chairman
(b) Commissioner, BMC, BBSR: Member
(c) Director of Estates, G.A. Department: Member
(d) Chief Engineer, Public Health Engineering Organisation, Odisha: Member
(e) Director of Town Planning, Odisha: Member
(f) Member Secretary, State Pollution Control Board: Member
(g) ADM, Bhubaneswar: Member
(h) Chief Fire Officer, Cuttack: Member
(i) Representative of Police Commissionerate: Member
(j) Representative of Department of Forest and Environment, Govt. of Odisha: Member
(k) Representative of Archaeological Survey of India: Member
(l) Representative of State Archaeology, Odisha: Member
(m) Representative of Water Resources Dept. Govt. of Odisha: Member
(n) Representative of Ground Water Survey and Investigation Organisation (under Water Resources Dept.) Odisha: Member
(o) Representative of Works Department, Govt. of Odisha: Member
(p) Representative of National Highway Authority of India (NHAI): Member
(q) Representative of Central Electricity Supply Utility of Odisha (CESU): Member
(r) Executive Officer or Representative of Khordha Municipality, Jatani Municipality and Pipili NAC: Member
(s) Engineer Member, BDA: Member
(t) Planning Member, BDA: Member Convener
(u) any other member(s) as decided by the Vice Chairman: Member(s)
2)The Authority may, by notification, delegate such powers in relation to approval of schemes, projects and building plans to the Committee constituted under sub-regulation (1) as it may deem appropriate.
3)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.
4)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.
5)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.
6) 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
23 Registration of Developers.—
(1) Developers having requisite qualification and competence as prescribed in Annexure-IX shall be registered with the Authority.
2)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 regulation.
3)The validity of registration shall be 5 years and the registration shall be renewed on payment of requisite fee before expiry of such registration.
4)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.
24Change 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.
(1) In the Development Plan various Land Use Zones (LUZ) are indicated with their specific boundaries and these land use zones shall be regulated in accordance with the provisions of the Table No. 2.
2)Except as otherwise provided, no structure or land hereinafter shall be used and no structure shall be erected, re-erected or altered unless its use is in conformity with these regulations.
3)In cases where a layout plan of land has been approved and various plots of land under such layout have been assigned specific land uses, then the same shall be adhered to unless any such use falls under prohibited category specified in the column (e) of the Table No.2 for that LUZ.
4)All places of worship, temples, churches, mosques, burial and cremation ground as existing on the date of notification of this regulation shall be exempted from being treated as non-conforming uses, provided that continuance of such uses are not detrimental to the locality as decided by the Authority from time to time for consideration of such cases.
5)For all non-confirming land uses, no expansion shall be permitted. At the time of redevelopment, stipulated zoning regulations shall be followed.
26Different use of land.
(1) Permission for different uses shall be accorded for principal uses earmarked in the different zones as described in column (c) of Table No.2.
2)Permission for different uses described in column (d) of the Table No.2 shall be accorded on special consideration by the DP and BP Committee and reasons for such consideration shall be recorded in writing and it is further provided that Authority may prescribe terms and conditions including levy of fees and charges for guidance of the committee for consideration of such cases.
3)The activities specified in column (e) of the said Table shall not be permitted in the areas reserved for particular uses.
4)The purposes which are not specified in column (c), column (d) and column (e) of the Table No.2 shall be interpreted by the DP and BP committee on basis of such analogous entries in these columns.
5)Developments may be permitted on recommendation of DP and BP Committee in the open space LUZ if the following conditions are satisfied along with other conditions of these regulations, namely:— (i) the land is a stitiban land and is not a leasehold land; (ii) the coverage is not more than 30%;
(iii) the height is not more than. 3.5 meters; and at least 50 percent of land is used for plantation: Provided that if applicant reserves 40% of the area as public open space then the above said restrictions shall not apply:
Provided further that such 40% public open space shall be surrendered by way of free gift to the Authority for development of community space, public park, playground etc.
Provided also that the Competent Authority shall have the discretion to combine two or more such surrendered plots of land to form one large contiguous plot of land and may also allow exchange of such surrendered plots with other landowners in similar land use zones so as to form a contiguous bigger plot of land for public use after such reservation. In this process, principles followed for the purpose of implementation of Town Planning Scheme shall be taken into consideration.
6)Mixed use of the building may be permitted in a particular zone on the recommendation of DP and BP committee on a plot size of 500 square meters and above and abutting road of minimum 12 meters width:
Provided that the principal use of the building shall cover not less than 2/3rd of the total floor area and other permitted uses shall not exceed 1/3rd of the total area
Provided further that for the purpose of this regulation, principal use is any of the uses described in column (c) of Table No.2 and the permitted use is any of the uses described in column (d) of Table No.2 if so permitted by the DP and BP committee.
7)Subject to the provisions contained in regulation 17, the following provisions shall be applicable for all constructions in Special Heritage Zone earmarked in the Comprehensive Development Plan, namely:— (i) the maximum height of the building shall not exceed 15 meters; and (ii) all proposals for development over an area of more than 500 square meter or ten meter height or both shall only be considered on recommendations of the DP and BP committee with representation from the Archaeological Survey of India and the Odisha State Archaeology.
8)Construction of building shall be permitted in Environmentally sensitive Zone, if the following conditions are satisfied along with other conditions of these regulations, namely:—
(i) the minimum size of the plot shall be 4000 square meters;
(ii) the minimum width of approach road shall be 12 meters;
(iii) the maximum coverage shall not exceed 40% of the area;
(iv) the proposal for development shall only be considered on recommendation of DP and BP Committee with representatives from Water Resource Department, State Pollution Control Board and Public Health Engineering Department.
Table No. 2: Land Uses Permitted/Prohibited in different Land Use Zones
Uses/Activities Permissible on recommendation of DP and BP Committee