2.General



GENERAL 

27 Restriction on Permission.—

(1) Without prejudice to any other stipulation in these regulations, no permission to construct a building on a site shall be granted;— 

(i) in areas of natural waterways or drains, as detailed in the Development Plan, and drainage plan as modified from time to time;

(ii) if the orientation of such building is not in harmony with the surroundings, as may be decided by the Art Commission;

(iii) if the use to which the site is proposed to be put does not conform to the Land Use Zones as earmarked in the Development Plan or uses as earmarked in the approved layout plan;

(iv) if the building is to be constructed over or under a municipal drain, sewerage line, electrical line, water main, any other Government or public land, or public utility services;

(v) if the foundation of the external wall along a street is located at a distance less than 0.5 meters from the edge of the street or road margin including the drain;

(vi) if all Structural Plans are not prepared taking into account that Bhubaneswar is located in Seismic Zone III.  

28Distance from Electric Lines.—

As provided in clause-6.4 of the National Building Code of India, no verandah, balcony or the like shall be allowed to be erected or reerected or any additions or alterations made to a building within thedistancementioned in Table No.3 below in accordance with the provisions made under the Electricity Act , 2003 between  the building and any overhead  electric supply line: 
 

Table No. 3: Minimum distance from the electric line
Sl.
No.
Type of voltage line Vertical distance in
meters
Horizontal distance in
meters
(a) (b) (c) (d)
1 Low     and     medium     voltage  lines
and service lines
2.5 1.2
2 High     voltage     lines     up     to     and
including 11,000 Volt
3.7 1.2
3 High  voltage  lines  above 11,000  volt
and up to and including 33,000 Volt
3.7 2.0
4 Extra high voltage line  beyond 33,000 Volt 3.7
(Plus  0.3  meters  for every additional
33,000  volts  or  part thereof)
2.0
(Plus 0.3 meters for every additional
33,000 volts  or part thereof)

29 Plantation.—

(1) Provision for plantation shall be given at the rate of minimum one tree per every 80 square meters of plot area for plot sizes more than 100 square meters and planted within the setback of the plot, but the existing trees within the plot shall be considered for this purpose.  

2)Where trees need to be cut, compensatory plantation for felled trees in the ratio 1:3 (i.e., planting 3 trees for every 1 tree that is cut) within the premises shall be done and maintained.  

3)Choice of species for plantation on site and abutting the road to be adopted as per section 8 of the Urban Greening Guidelines, 2014.  

4)At least 20% of the open spaces shall be pervious and use of grass pavers, paver blocks with at least 50% opening, landscape would be considered as pervious surface.  

30Means of access.—

(1) Every building or plot shall abut on a public or private means of access like streets, roads of duly formed of width as specified in the National Building Code of India.   

2)In no case, development of plots shall be permitted unless it is accessible by a public or private street of width not less than 6 meters, unless specified otherwise.  

3)In case of institutional, administrative, assembly, industrial and other nonresidential and non-commercial activities, the minimum road width shall be 12 meters.  

4)In case of a private road, which gives access to one or more buildings, the owner of the said private road shall develop the road and storm water drain as required by the Local Authority and transfer the same to the Registered Residents’ Welfare Association for maintenance:  Provided that if such road is required by a local authority for development of a public thoroughfare then the same shall be transferred to it by way of a deed of gift by the Registered Residents’ Welfare Association.  

31Minimum size of plots.—

The minimum size of plots for different categories of building is given in the Table No.4 below: 

Table No.  4: Category wise Size of Plots
Sl.
No.
Category Min. road width
(in meters)
Min. size of plot
(in square meters)
(a) (b) (c) (d)
1 Kalyan Mandaps 12 1000
2 Cinema,      game      centers,      Multiplex, convention centers 18 2000
3 Social clubs and amenities 12 1000
4 Multi-storey car parking 12 1000
5 Office buildings 12 300
6 Primary/Upper Primary school 12 2000
7 High School ,  Residential school 12 6000
8 +2 College / Junior college 12 4000
9 Degree College 12 6000
10 Technical educational institution 12 10000
11 Petrol pumps / Filling stations 12 500
12 Restaurant 12 500
13 LPG storages 12 500
14 Places of congregation 12 500
15 Public libraries 12 300
16 Conference hall 12 1000
17 Community hall 12 500
18 Nursing  homes/  polyclinics/  Hospital  and other clinical establishments 12 300
19 Hotel 12 500
20 Research and Development  Laboratory 12 1500

Note: In cases where standards of minimum plot size 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.  

32Minimum setbacks for non-high rise buildings.—

(1) The minimum setbacks permissible in a given size of plot for residential and commercial building in non-high rise category shall be as mentioned in Table No.5 below:

Table No. 5: Plot Size wise permissible set backs
Sl.
No.
Plot size (in Square meters) Front setback (in meters) - Abutting road width Minimum setbacks other sides
(in Meters)
Less than 9 m. 9 m. and less than 12 m. 12 m.
and less than 18 m.
18 m.
and less than 30 m.
30 m.
and above
Rear side Other side
(a) (b) (c) (d) (e) (f) (g) (h) (i)
1 Upto 40 1.0 1.0 1.0 1.0 1.0 - -
2 Above 40
& Upto 100
1.0 1.0 2.0 2.0 2.0 - -
3 Above 100
& upto 200
1.0 1.0 2.0 2.0 3.0 1.0 -
4 Above 200
& Upto 300
1.5 1.5 2.5 2.5 3.5 1.0 1.0
5 Above 300
& upto 400
1.5 1.5 2.5 2.5 3.5 1.5 1.0
6 Above 400
& upto 500
1.5 2.0 2.5 3.0 3.5 1.5 1.5
7 Above 500
& upto 750
1.5 2.0 3.0 3.0 4.0 2.0 2.0
8 Above 750 1.5 2.0 3.0 4.0 4.0 3.0 2.5

2)In case of Apartment or housing projects, the minimum distance between the buildings shall not be less than 1/3rd of the taller building and the minimum width of internal road shall be 6 meters.  

3)In all other cases, the width of such open space between the buildings on a plot shall be the setback specified for the tallest building subject to a minimum of three meters.  

4)The setbacks and open spaces for other occupancies in non-high rise category shall be as provided hereunder: 

(i) For Institutional buildings, in case of plots up to 1,000 square meter area, the open spaces around the building shall not be less than 3 meters and for plots of more than 1,000 square meter area, the open spaces around the building shall not be less than 6 meters;

(ii) In case of Assembly buildings, the open space in front shall be not less than 12 meters and the other open spaces around the building shall not be less than 6 meters: Provided that, in specific assembly buildings where higher setback is prescribed in the National Building Code of India or Indian Standard (IS) Code or any other law for the time being in force governing such building activities then the higher prescribed setbacks shall be provided in such buildings

 (iii) For Storage and warehousing buildings, in case of plots up to 500 square meter area, the open spaces around the building shall not be less than 3 meters 

and for plots of more than 500 square meters area, the open spaces around the building shall not be less than 6 meters;

(iv) In case of Industrial buildings, the open spaces around the building shall not be less than 4.5 meters for heights up to 15 meters, with an increase of 0.25 meter for every increase of 1 meter or fraction thereof in height;

(v) In case of Hazardous occupancies, the open spaces around the building shall not be less than 6 meters;

 (vi) For IT, ITES and other Corporate Buildings, in case of plots up to 750 square meters, the minimum setbacks around the building shall not be less than 3 meters and plots above 750 square meters, the minimum setbacks around the building shall not be less than 4.5 meters; and

(vii) In case of Slum Improvement and EWS housing, the setback norms shall be applicable as per “Policy for Housing for all in Urban Areas, 2015”, as amended from time to time.  

33Minimum setbacks for high rise buildings.—

For high-rise buildings, the open spaces around the building shall be as given in Table No. 6 below: 

Table No. 6: Provision of Exterior Open Spaces around the Buildings
Sl.
No.
Height of the Building (in meters) Exterior open spaces to be left out on all sides (in meters) - (front, rear and sides in each plot)
(a) (b) (c)
1 15 and upto 18 6
2 More than 18 & upto 21 7
3 More than 21 & upto 24 8
4 More than24 & up to 27 9
5 More than 27 & up to 30 10
6 More than 30 & up to 45 11
7 More than 45 12

Note: In case of high-rise buildings the exterior open space around a building for a width of 7.5 meters shall be kept unbuilt except where the open space requirement is less than 7.5 meters, the entire specified open space shall be kept unbuilt. It shall be constructed of hard surface capable of taking load of fire engine weighing up to 45 tonnes.  

34Peripheral Open Spaces including set-back for Tower-like Structures.—

(1) Structures shall be deemed to be tower-like structures when the height of the tower-like portion is at least twice the height of the broader base at ground level.  
For tower-like structures, as an alternative to regulation 33, open spaces shall be as provided hereunder: 

(i) Up to a height of 24 meters, with one additional set-back above the broader base, along with open spaces not less than 6 meters at the ground level; 

(ii) For heights more than 24 meters and up to 37.5 meters with one additional setback above the broader base, along with open spaces not less than 9 meters at the ground level

(iii) For heights more than 37.5 meters and up to 45 meters with one additional setback above the broader base, along with open spaces not less than 11 meters at the ground level;

(iv) For height more than 45 meters, open spaces shall satisfy the minimum standards prescribed in regulation 33.  

The deficiency in the open spaces shall satisfy the minimum standards prescribed in regulation 33 for the additional setbacks at the upper levels above the broader base and such set-backs shall not be accessible from individual rooms or flats at these levels.  

35Floor Area Ratio.—

(1) The Floor Area Ratio (F.A.R) for residential, commercial, corporate, IT and ITES buildings shall be decided on the basis of the road width on which the plot and site abuts as specified in Table No.7 below:

Table No. 7: FAR as per road width
Sl.
No.
Road width (in meters) Base FAR
for Commercial / Residential /
IT- ITES  building/ Bio-tech
Maximum Permissible FAR for Commercial / Residential / IT- ITES  building/ Bio-tech
(a) (b) (c) (d)
1 Up to 6 0.75 0.75
2 6 or more & less than 9 1.50 1.50
3 9 or more & less than 12 1.75 1.75
4 12 or more & less than 15 2.00 2.00
5 15 or more & less than 18 2.00 2.50
6 18 or more & less than 30 2.00 2.75
7 30 & above 2.00 3.00

In case of Institutional and Assembly buildings, the maximum permissible FAR shall be 1.5 for plots up to 1000 square meters and 1.75 for plots above 1000 square meters: Provided that for hospitals and tertiary healthcare centers, FAR shall be made applicable as per norms specified for commercial buildings.  

In case of transport related activities such as; Railway yards, Railway station, Bus stands, Bus shelters, transport depot, airport, special ware housing, cargo terminals, the maximum permissible FAR shall be 1.00.  

In case of Industrial building the maximum permissible FAR shall be 1.00.  

The Authority shall allow use of FAR beyond Base FAR on production of TDR certificate or on purchase of FAR (purchasable FAR): 
 

Provided that the total FAR shall be limited to the maximum permissible FAR available on the plot.  

In case, where a part of the plot proposed for development is required for development of roads or drains or any other public infrastructure under the Development Plan, then the same shall be surrendered to the Authority by way of free-gift and the Authority shall subject to overall limit of maximum permissible FAR for the plot allow additional FAR equivalent to the amount he would have obtained under the Odisha Transferable Development Rights Rules, 2015.  

Exclusive multi-storied parking blocks can be provided within the required setback area without reducing the driveway for the fire tender to the extent of minimum 7.5 meters and same shall not be included in the calculation of coverage and FAR.  

FAR shall not include,—

(i) Basements or cellars and space under a building constructed on stilts and used as a parking space, and air conditioning plant room used as accessory to the principal use;

(ii) electric cabin or substation, watchman booth of maximum size of 10 square meters with minimum width or diameter of 1.732 meters, pump house, garbage shaft, space required for location of fire hydrants, electric fittings and water tank, society room of maximum 12 square meters;

(iii) projections and accessories buildings are specifically exempted from the open space/setback requirement;

(iv) staircase room and lift rooms above the topmost storey, architectural features, and chimneys and elevated tanks of dimensions as permissible under the National Building Code of India;  

Note.—The area of the lift shaft shall be taken only on one floor;

(v) service Floor shall not be counted in FAR if it adheres to the provisions of these regulations; and

(vi) the space in stilt in the building constructed for EWS housing and used for community facility without enclosures.  

For optimum utilisation of available urban land and infrastructure which has been developed and to achieve compact development, the Authority may prescribe, by notification, standards of minimum intensity of development in terms of minimum FAR that shall be used for one or any category of following plots:

(i) All projects on Government land in consultation with the State Government.

(ii) On specific streets or zones or areas within the municipal limits of Bhubaneswar. 

36 Height of a Building.—

(1) The height restrictions with respect to approach Funnels and Transitional area of Airport as given in Tables No.8 and 9 below shall be adhered to: 

Table No. 8: Height Restriction with respect to Approach Funnels
Sl. No. Distance from nearest runway end (in meters) Maximum Permissible Height above the elevation of the nearest runway end (in meters)
(a) (b) (c)
1 Up to 360 0
2 361 to 510 6
3 511 to 660 9
4 661 to 810 12
5 811 to 960 15
6 961 to 1110 18
7 1111 to 1260 21
8 1261 to 1410 24
9 1411 to 1560 27
10 More than 1560 30

 

Table No. 9: Height Restriction with respect to Transitional  Area
Sl.
No.
Distance of the Inner Boundary of the Transitional Area (Outer Boundary of the Air Port) [in metres] Maximum Permissible height above the elevation of the airport reference point [in metres]
(a) (b) (c)
1 Up to  21 0
2 22 to 42 3
3 43 to 63 6
4 64 to 84 9
5 85 to 105 12
6 106 to 126 15
7 127 to 147 18
8 148 to 168 21
9 169 to 189 24
10 190 to 210 27
11 More than 210 m. 30

 No Radio Aerial, T.V. Antenna, Cell phone tower or such similar type of installations exceeding 52 meters in height shall be erected without prior permission of the concerned Civil Aviation Authority.  

No building structure or installation exceeding the height indicated in the said Table No.8 and 9 shall be permitted unless the applicant produces a ‘No- Objection Certificate’ from the Airport Authority.  

In case these standards are modified by Airport Authority of India or Department of 

Civil Aviation, the same shall be considered by DP and BP Committee for consideration of grant of permission under section 16.  

37Off Street Parking Space.—

(1) In all buildings including Apartment buildings, Housing Projects, Hotels, Restaurants and Lodges, business buildings, commercial buildings, Institutional buildings like hospitals, educational buildings like schools and colleges, high rise building or complexes and in all other non- residential buildings, provision shall be made for parking spaces as per the requirements as given in the Table No.10 below: 

Table No. 10: Off Street Parking Space for Different Category of Occupancies
Sl.
No.
Category of building/ activity Parking area to be provided as percentage
of total built-up area towards FAR
(a) (b) (c)
1 Shopping malls, Shopping malls with Multiplexes/  Cineplexes,  Cinema halls, Hotels, Kalyan Mandaps and Banquet Halls, Assembly buildings, Retail shopping 50
2 Restaurants, Lodges, Other commercial buildings, Offices Complexes, Hospitals, IT / ITES Complexes. 40
3 Residential  Apartment  buildings,  Housing Project, Clinics, Nursing Homes, Institutional  and  Industrial  Buildings. 30

Note.—  (i) Parking to be provided at ground level, Basement or stilt floor. Permissible services in these areas shall not be accounted for parking;

(ii) For residential apartments and housing projects, for the dwelling units in EWS/LIG category; parking requirement shall be calculated at minimum of 10% of total built-up area of such dwelling units; and

(iii) For residential apartments and housing projects, for the dwelling units in MIG category; parking requirement shall be calculated at minimum of 25% of total built-up area of such dwelling units.  

2)The parking spaces may be provided in for all schemes and which shall be—

(i) in Basements or cellars; or

(ii) on stilt floor; or

(iii) on open parking area; or

(iv) exclusive multi-level parking; or

(v) on roof top parking in case of commercial, IT, ITES and Corporate building; or

(vi) a Stacked or Multi-level or Automated parking; or

(vii) in a combination of any or all of the above. 

Note.— For parking purposes, single basement shall be allowed in case of plot size of 500 square meters or more, and multiple basements shall be allowed in case of plot size of 1,000 square meters or more. The roof top parking with car lift shall be allowed only in case of plinth area or roof area of 2,000 square meters or more. For other than parking purposes, single basement may be allowed in plot size of less than 500 square meters also subject to a maximum of 50% of the covered area.  

3)Off-street parking spaces shall be provided with adequate vehicular access to a street and the area of drives, aisles and such other provisions required for adequate maneuvering of vehicles.  

4)If the total off-street parking space required under these regulations is provided by a group of property owners at a place for their mutual benefit, such parking spaces may be construed as meeting the off-street parking requirement, subject to the approval of the Authority and the Authority may also decide to develop such parking spaces and charge property owners to bear proportionate cost.  

5)Garage with locking facilities shall be included in the calculation of floor space for determining the requirement of parking space, unless this is provided in the basement of a building or under a building constructed on stilts with no external walls.  

6)The parking spaces to be provided shall be in addition to the open spaces (setback) required around a building under these regulations and parking may be provided in the front open space and other side open spaces without reducing the clear vehicular access way to less than 6.0 meters and 7.5 meters, respectively, for non-high rise and high rise buildings.  

7)Misuse of the area specified for parking of vehicles for any other purpose shall be summarily removed or demolished by the Authority.  

8)For parking spaces in basements and upper storey of parking floors, at least two ramps of minimum 3.6 meters width or one ramp of minimum 5.4 meters width and in maximum 1:10 slope shall be provided and such ramps may be permitted in the side and rear setbacks after leaving 6 meters space for movement of fire-fighting vehicles and access to these may also be accomplished through provisions of mechanical lifts.  

9)Up to 10% of basement or stilt may be utilized for utilities and non-habitation purpose like A/C plant room, Generator room, Electrical installations, laundry.  

10)At least 20% of the parking in housing Projects, apartment buildings shall be earmarked for visitors. The Visitors parking facility shall be open to all visitors.  

11)Every building except a residential building having less than four dwelling units will have parking space earmarked for ambulance, fire tender and physically challenged persons and such spaces shall be clearly indicated by painting the purpose for which the parking space is reserved.  

12)In respect of Apartment Building, on plot area up to 750 square meters, the parking requirement shall be deemed to be met if the entire stilt floor is left for parking. A WC/Toilet facility may be provided for watch and ward in the stilt floor.  

13)Apart from use of Basement for Services/Parking/ Storage, it may be used for other 

14)activities like library, Study Room, Games Room and Laundry only in case of Residential and Institutional Buildings.  

Double envelope stilt floor may be allowed to be constructed over the entire plot area leaving 3 meters from the boundary of the premises subject to following conditions, namely:—

(i) at least 6 meters wide passage all around shall be provided on the roof of the top most envelope stilt floor for movement of fire tender and the access to the top of stilt floor should be provided through ramp of maximum 1:10 slope;

(ii) in case where separate entry and exit to the stilt top is provided, the width of the ramp should be at least 3.6 meters and in case single ramp is provided, it shall not be less than 5.4 meters; and

(iii) the slab over which the fire tender shall move, must be capable of taking load of fire engine, fire vehicle of at least 45 tonnes.  

15)The Competent Authority may also prescribe guidelines for integrating such facilities with City Level Smart Parking Management System, if any.  

38Interior open space.—

(1) At least one side of all the rooms intended for human habitation, if such room does not abut on the front or the rear or the side setbacks, shall abut on an interior open space whose minimum dimension shall be 3 meters X 3 meters, in cases of buildings up to a height of 12 meters and in cases where the height of the building is more than 12 meters, the width of the interior open space shall be increased at the rate of one meter for every additional 3 (three) meters height.  Explanation.— For removal of doubt it is hereby declared that this provision shall be applicable to all categories of buildings, including residential, apartment, commercial, institutional, administrative, assembly.  

For ventilating the spaces for water closets and bathrooms ventilation shafts shall be provided with size and specifications as provided in the National Building Code of India.   

39Height exemption of a building.—

The following appurtenant structures shall not be included in the height of the building, namely:— 

(i) roof tanks and their supports (with support height not exceeding 1 meter);

(ii) Ventilating, air conditioning, lift rooms and similar service equipments;

(iii) stair cover ( mumty) not exceeding 3.0 meter in height;

(iv) chimneys, parapet walls and architectural features not exceeding 1.2 meter in height; and (v) height of the ceiling of the upper basement roof not exceeding 1.5 meter from the average surrounding ground level. 

40Exemption in open space.—

(1) Every open space provided either in the interior or exterior in respect of any building shall be kept free from any erection thereon and shall be open to the sky and no cornice, roof, or weather shade of more than 0.75 meter in width shall overhang or project over such open space.  

2)A portico of up to 2.5 meters width and 4.6 meters length with a minimum height of 2.4 meters from the plinth level may be permitted within the side setback.   

3)A garage is permissible at the rear end of side open space where no openings are located on the side and rear boundary: Provided that access to the top of the portico or garage shall not in any way affect the privacy of the neighbouring plot.  

4)The portico provided as above shall not rest on the boundary wall and shall be open to provide through access to the rear: Provided that where the portico is not a cantilevered one and supported by pillars, the area shall be included in the FAR.  

5)A guard room, electric cabin, sub-station, area for generator set, ATM of area less than 10 square meters shall be allowed in the mandatory open space subject to condition that the same shall leave clear vehicular driveway way of not less than 6.0 meters and 7.5 meters, respectively, for non-high rise and high rise buildings for allowing unobstructed movement of fire tender.  

41Basement or Cellar.

(1) Basements or cellars shall not be permitted in low lying area and areas without adequate drainage facilities to ensure drainage from the basement. Basement shall not be allowed in flood prone areas.  
Construction of basements or cellars may be allowed by the Authority in accordance with the provisions contained in the development plan applicable to the concerned area.  
The basements or cellars shall only be put to the following uses, namely:— 

(i) storage of household or other non-combustible materials;

(ii) strong room, bank cellars;

(iii) installation of air-conditioning equipments and other machines used for service and utilities of building; and

(iv) Parking places.  

2)Individual residential and small commercial buildings (plot size maximum 500 square meters) may have one basement.  

3)Maximum two basements or cellars may be permitted to be constructed leaving the prescribed setback and open space applicable to the building.  

4)In case of apartment or housing projects or commercial or corporate and IT or ITES buildings, the basements may be allowed to be constructed under the entire plot area leaving 3 meters space from the boundary of the premises subject to  the following conditions namely:— 

(i) in all such cases the owner has to indemnify the Authority against any damage 

caused by him to the adjacent property in the format given in Form-III; and (ii) the portion of the basement projecting out of the building line shall flush with the ground.  
The basements shall be used exclusively for parking or services or storage.  

The basement shall fulfil the following requirements; namely:— 

(i) every basement shall be in every part, at least 2.5 meters in height from the floor to the soffit of the roof slab or ceiling; (ii) adequate ventilation shall be provided for the basement and the standard of ventilation shall be the same as required by the particular occupancy according to regulations; any deficiency may be met by providing adequate mechanical ventilation in the form of blowers, exhaust fans (one exhaust fan for 50 square meters of basement area), air conditioning system

 (iii) the minimum height of the ceiling of upper basement shall be 1.20 meters and the maximum, 1.5 meters above the average surrounding ground level;

(iv) adequate arrangement shall be made, so that surface drainage does not enter the basement;

(v) the walls and floors of the basement shall be water-tight and be so designed that the effect of the surrounding soil and moisture, if any, are taken in to account in design and adequate damp proofing treatment is given;

(vi) the access to the basement shall be separate from the main and alternative staircase providing access and exit from higher floors shall be provided and where the staircase is continuous in the case of buildings served by more than one staircase, the same shall be of enclosed type serving as a fire separation from the basement floor and higher floor.

(vii) open  ramps  shall  be  permitted  if  they  are  constructed  within  the building line subject to provision of clause (iv).

(viii) the ramp providing access to basement to be used for parking shall have a gradient not steeper than 1:10 and this shall not obstruct the clear vehicular and pedestrian movement around the building including movement of fire tender (6 meters).  

42Provision of Lift.—

(1) Lift shall be provided for buildings above 10 meters height in case of apartments, Housing Projects, commercial, institutional and office buildings: Provided that provision of lift for EWS/LIG houses in Apartment or Housing project building with a height less than 15 meters shall not be insisted upon.  

2)Lift shall be provided at the rate of one lift for twenty dwelling units, or part thereof, for residential buildings and at the rate of one lift per one thousand square meters, or part thereof of built-up area per floor, for non-residential buildings and built-up area on ground floor and two upper floors shall be excluded in computing the above requirement.   

3)At least one lift in every building block shall be a stretcher lift. 

 Notwithstanding anything contained in these regulations, in case of building with 21 meters or more in height, at least two lifts shall be provided.  

All lifts shall be inspected or cause to be inspected at least once a year by the agency designated by the Authority including through any outsourced agency.   

In case of car lift for roof top parking, there shall be at least two car lifts for 2000 square meters of roof area and there shall be addition of one car lift for every 1000 square meters of roof top parking area and fraction thereof.  

43Mezzanine.—

Mezzanine floor may be permitted above any floor in all types of buildings up to an extent of one-third of the actual covered area of that floor. All Mezzanine floors shall be counted toward FAR calculation. It shall have a minimum height of 2.2 meters.  

44Heritage Zone

(1) The Authority may notify the Heritage Zones in consultation with the Archaeological Survey of India, State Department of Archaeology, Bhubaneswar Municipal Corporation and the Art Commission.  

2)Conservation of Heritage Buildings, Heritage Precincts and Natural features: Conservation of buildings, artifacts, structures, areas and precincts of historic or aesthetic or architectural or cultural significance (Heritage buildings and heritage precincts) or natural features of environmental significance shall be taken up by the Bhubaneswar Municipal Corporation in accordance with the relevant rules or regulations or instructions in-force.  

3)The Handbook on Conservation of Heritage Buildings, 2013' published by Central Public Works Department, Ministry of Urban Development, Government of India, shall be referred to before taking up any building construction activity within the heritage precincts or streets or in the vicinity of notified heritage zones. Further, Authority may prescribe guidelines for same from time to time.  

45Barrier free access for the physically challenged differently abled person, elderly and children.—

(1) To promote universal and barrier free access for persons with disabilities, the owner of all buildings and facilities used by the public such as educational, institutional, assembly, commercial, business, mercantile buildings and Housing Projects constructed on plots having an area of more than 2000 square meters excluding private residential buildings, shall make provisions as per the guidelines in 'Handbook on Barrier Free and Accessibility, 2014', published by Central Public Works Department (CPWD), Ministry of Urban Development, Government of India.   

2)The provisions mentioned at Annexure-X shall also be adhered to in such buildings.  

46Rainwater harvesting system.—

(1) Provision of rain water harvesting is mandatory for all sizes of plots, which are more than 300 square meters in area including open spaces. Detailed technical specification for selection of appropriate rainwater harvesting system has been provided in Annexure-V.  

2)The provisions for rainwater harvesting in various building categories as given in Table No.11 below: 

Table No. 11: Rainwater Harvesting provisions for various building categories
Sl.No Category / Use Provisions to be Made Other Conditions
(a) (b) (c) (d)
1 Residential Plotted Housing
  New Proposals Construction of Rainwater Harvesting Structure Emphasis on both storage and reuse
2 Housing Projects
  New Proposals i.       Construction of Rainwater Harvesting Structure
ii.      Concrete paving to be avoided and permeable materials to be used for all open parking spaces
Indicate the system of Storm Water Drainage, Rainwater Harvesting System and Recharge Well
3 Public and Semi Public Buildings
  All Proposals i.   Shall have Rainwater Harvesting System and Storage
ii.     Shall have Recharge pits
Emphasis  on  both  storage  and reuse
4 Commercial / Mixed Use
  All Proposals i.      Construction of Rainwater Harvesting System
ii.      Soft landscape provisions and open spaces with percolation pits.
iii.      Common Treatment plan to be part of the integrated development
Indicate the system of Storm Water Drainage, Rainwater Harvesting System and Recharge Well.
Emphasis on both storage and reuse.
5 Industrial
  All Proposals i.     Construction of Rainwater Harvesting System
ii.     Soft landscape provisions and open spaces with percolation pits.
iii.     Use of abandoned bore wells for recharging of ground water
iv.     Common Treatment plan to be part of the integrated development
Indicate the system of Storm Water Drainage, Rainwater Harvesting System and Recharge Well.
Provision to be made not to inject contaminated water into recharge structures in industrial areas.
Care to be taken to keep such structures away from sewer lines, septic tanks, soak pits, landfill and other sources of contamination.
6 Other Proposals Similar as above Similar as above

 

3) Recharging of ground water is mandatory for all types of buildings having a plot area more than 500 square meters and above.  

4)The ground water recharge shall also be mandatory for open spaces like parks, parking, plazas and playgrounds.   

5)The dimension of recharging pits/trenches shall be at least 6 cubic meters for every 100 square meter of roof area.  

Inspection of Rainwater Harvesting system shall be done before issuing Completion Certificate or NOCs for the structures.  

47Rooftop Solar Energy Installation.

 (1) Norms for Rooftop PV systems Installation: All residential plotted housing with plot area of 300 square meters and above, educational, institutional, commercial, industrial, mercantile and recreational buildings having plot size of 500 square meters and above and all housing projects shall be installed with a minimum generation capacity of 5% of the connected load or 20 W/sq.ft. for available roof space, whichever is less.  

2)All building of the category as mentioned in the Table No.12 below may provide Solar Water Heating System and Solar Roof Top System:

Table No.12: Norms for Rooftop PV systems Installation
Sl No. Category of building Standard for determination of capacity
(a) (b) (c)
1 Solar Water Heating System:
(a) Hospital 10 ltr. /bed
(b) Hotels 5 star 15 ltr. /room
(c) Hotel other than 5 star 10 ltr./bed
(d) Police/Army/Barrack 200 LPD
(e) Canteen/Messes 200 LPS
(f) Hostel (School, Colleges and other Institutions where hot water is needed). 10 ltr./student
(g) Laboratory and Research Institutions 100 LPD
(h) Residential Structures:
(Plinth area 200 square meters or above)
100 LPD/flat
(i) Guest Houses/Banquet Hall/Circuit House 200 LPD
2 Off Grid/Grid connected Solar Roof top System:
(a) Individual household or above
(Plinth area more than 300 square meters).
Minimum 500 watt
(b) Hotel Five star Minimum 5 KWp
(c) Other hotels Minimum 2 KWp
(d) Commercial building
(Covered area more than 500 square meters)
2 KWp

3)Installation of Solar Water Heating System,— 

(i) In case of new buildings, clearance of plan for the construction of such buildings of the categories mentioned in Table No.12 above shall only be given if they have a provision in the building design itself for an insulated pipeline from the rooftop in the building to various distribution points where hot water is required and such building must have a provision for continuous water supply to the solar water heating system and shall also have open space on the rooftop, which receives direct sunlight and the load bearing capacity of the roof shall at least be 50 kg per square meter

 (ii) all new buildings of the above said categories must complete installation of solar water heating systems before obtaining necessary license to commence their business;

(iii) Installation of Solar Assisted Water Heating Systems in the existing building shall be mandatory at the time of change of use to the category mentioned in Table No.12 above, provided there is a system or installation for supplying hot water;

(iv) Installation of Solar Assisted Water Heating Systems shall conform to BIS specification IS 12933 and the solar collectors used in the system shall have BIS certification mark;

(v) Wherever hot water requirement is continuous, auxiliary heating arrangement either with electric or oil of adequate capacity can be provided.  

48Water re-use and recycling.—

All building having a minimum discharge of 10,000 litres and above per day shall incorporate waste water recycling system and the recycled water shall have to be used for horticultural purposes.  

49Provision of Public Washroom complexes.—

(1) In order to ensure that public toilets or wash rooms are built in various parts of the city, all the buildings constructed for the purpose of being public buildings (Railway stations, Bus stands, market places,  Government offices, Hospitals, educational institutions, commercial buildings, religious centers,  etc.) and the plot owners of the plots having an area of 1 acre or more shall, in addition to the other mandatory sanitary requirements, compulsorily, construct public washroom complexes within their plots, which shall be earmarked on site plan or a layout plan at the time of seeking building approval (Refer to Annexure-II).  
2)Such complexes should be constructed mainly in the frontal setback area within the plots, subject to the condition that they shall not obstruct passage for the fire tender.  

3)All complexes should have single storey, with a maximum floor to ceiling height of 2.8 meter and water tanks concealed with a parapet wall or jali not exceeding 1 meter in height.  

4)All complexes should at least have 1 wash basin, 2 urinals and 1 WC each, for men and women separately, with adequate electricity, drainage, water and sewerage facilities and same shall be connected to the infrastructure being developed for the project.   

5)The complex shall be well ventilated with adequate provisions for lighting. 

6) The Public Washroom Complex shall have direct access from outside the plot i.e. direct access from the road, so as to permit usage by the general public.  

7)Such complexes shall be free of FAR and Ground Coverage and will form part of full schemes prepared by owner or architect for approval.  

8)Such complexes shall have provisions for outdoor signage, advertisements and space for public art with permission from the concerned agencies/local authorities.  

9)Complexes shall be either constructed and maintained by the plot owner or constructed by the plot owner and maintained by a service provider or constructed as well as maintained by a service provider.  

10)Such complexes are not permitted to be used for purposes other than specified 
above.  

50Provisions for Green Buildings.

(1) All buildings shall comply with following green norms which shall be mandatory for sanction of building plan as per applicability given in sub-regulation (2), namely:—

(i) Water Conservation and Management, which includes—

(a) rain water harvesting

(b) low water consumption and plumbing fixtures,

c) waste water recycling and reuse and

(d) reduction of hardscape;

(ii) Solar Energy Utilization, which includes—

(a) installation of solar PV cells an

(b) installation of solar assisted water heating systems;

(iii) Energy Efficiency, which includes

(a) low energy consumption lighting fixtures,

(b) energy efficiency in HVAC and

(c) lighting of common areas by solar energy or LED devices;

(iv) Waste Management, which includes—

(a) Segregation of waste and (b) Organic waste management 

 Provisions relating to applicability of green building norms on various plot sizes (Residential/ Non- residential) are given in the Table No.13 below: 

Table No. 13: Applicability of Green Building Provisions
Sl.
No.
Plot Size (in Sq.m) Provision for Residential use Provision for Non- Residential use
(a) (b) (c) (d)
1 Upto 300 Sq.m. Nil Nil
2 Above 300 and upto 500 Sq.m. (i) a, (ii) a, (ii) b, (iv) a (i) a, (ii) b, (iv) a
3 Above 500 and upto 1000 Sq.m. (i) a, (i) c, (ii) b, (iii) c, (iv) a (i) a, (i) c, (ii) a, (ii) b, (iii) c, (iv) a
4 Above 1000 and upto 3000 Sq.m. (i) a, (i) c, (i) d, (ii) a, (ii) b,
(iii) b, (iii) c, (iv) a
(i) a, (i) c, (i) d, (ii) a, (ii) b,
(iii) b, (iii) c, (iv) a
5 Above 3000 Sq.m. (i) a, (i) b, (i) c, (i) d, (ii) a, (ii) b,
(iii) a, (iii) b, (iii) c, (iv) a, (iv) b
(i) a, (i) b, (i) c, (i) d, (ii) a, (ii) b,
(iii) a, (iii) b, (iii) c, (iv) a, (iv) b
Note.Provisions mentioned under column (c) and (d) refers to clauses and sub-clauses specified under sub-regulation (1).

 In pursuance of the National Sustainable Habitat Mission on Energy Efficiency in Building, the Authority shall encourage for adoption of Leadership in Energy and Environmental Design (LEED) / Green Rating for Integrated Habitat Assessment (GRIHA), Indian Green Building Council (IGBC) and Energy Conservation Building Code (ECBC) (for Odisha ECBC Code and Guidelines -2011 refer Annexure-VI) rating certification for new and existing buildings. The incentive for the same would be based on applicable State Government policy as applicable from time to time.  

51Signs and outdoor display structures.

 (1) Signs and outdoor display structures shall be governed by the relevant provisions of the Odisha Municipal Corporation Act, 2003 or the Odisha Municipal Act, 1950, as the case maybe, for Bhubaneswar Municipal Corporation area and other Urban Local Bodies areas coming within the jurisdiction of Bhubaneswar Development Authority: 
Provided that the Authority may specify, with the approval of the State Government, signage design guidelines for any urban area or part of urban area or a group of urban areas.  
For the areas outside Urban Local Body which is coming within the Bhubaneswar Development Plan area, the Authority shall specify the guidelines.  

52Promotion of Sustainable Urban Transport.—

To promote and develop sustainable urban transport infrastructure, the Authority, with prior approval of State Government, may specify guidelines for prescribing standards of street design, setting up and operationalization of Public Bicycle Sharing (PBS) programme, infrastructure at 

plot/project level to promote non-motorised transport and public transport, street improvement programme etc.  

53Urban Design and Built Form.—

The Authority with the prior approval of the State Government may specify Guidelines to regulate or preserve or achieve a certain Urban Design and Built-form characteristics of any defined area or street within its jurisdiction and the Authority may specify different guidelines for different areas based on its locality or context.  

54Wetland and Water Sensitive Urban Design.—

The Authority with prior approval of the State Government may specify Guidelines to regulate development activities near notified wetlands, lakes, reservoirs and low lying areas including Environmentally Sensitive Zones and water bodies demarcated in the Development Plan and to encourage sustainable drainage and low impact development  in such areas.  

55Reference to standards.—

The standards relating to water and sanitation requirements, fire protection and fire safety requirements shall be referred to as given at Annexure-VII, Annexure-I and II and Annexure-IV, respectively.  

56Development norms for smart infrastructure.

 (1) Every apartment, commercial, institutional, high-rise building and all buildings with a plot size of 1 acre and more shall have provision for Information and Communication Technology (ICT) landing point in the form of a room near the main entrance gate of dimension not less than 3 meters x 4 meters and having 3 meters clear height and the room shall have two fire proofs doors of 1.2 meters width opening outwards along with adequate ventilation in the form of windows or ventilators and such room shall not be counted in coverage and FAR calculations.  

2)Provision of smart metering shall be mandatory for every apartment, commercial, institutional, high-rise buildings and all buildings with a plot size of 1 acre and more within the jurisdiction of Bhubaneswar Municipal Corporation and the Authority may notify, from time to time, standards for provision of such smart metering and infrastructure required for the same.  

3)To cater to requirements of charging for electric vehicles, minimum 30% of parking spaces of new developments in the following types or a mix of the following types shall have facilities to enable Electric Vehicle charging points and such points shall be shown clearly in the building plan with proper indexation:

 (a) Parking spaces in projects more than 1 acre;

 (b) Parking spaces in high-rise buildings;

(c) Parking spaces in multi-level car parking (MLCP) projects:

Provided that the Authority may change the minimum requirement of 30% of parking spaces for EV charging facility in accordance with relevant policy of the Government.  

4)The Competent Authority, as and when required, may direct the owner to install and operationalize the Electric Vehicles charging facilities as per the locations shown in the building plan and the technical, operational and any other requirements for such Electric Vehicles charging facility shall be as per guidelines notified by the Authority, from time to time.  

5)The Competent Authority may specify standards and norms from time to time, for development of smart buildings, smart infrastructure and open spaces within the areas being taken up for development under the Smart City Mission and such other programme.  

REQUIREMENT OF SPECIAL OCCUPANCY  

57Apartment.

 (1) Apartment building shall be permitted only on plots of size more than 500 square meters.  

2)In Apartment building with joint ownership of land the owner or developer shall provide floor space for house owner’s society office and assembly at the rate of one square meter per flat, provided that the minimum area shall not be less than 12 square meters.  

3)One staircase for every 6 dwelling units or fraction thereof in a floor shall be provided.  

4)The minimum width of approach road to the plot shall be 9 meters for Apartment buildings.  

5)Reservation of affordable housing i.e., EWS and LIG housing shall be done as per provisions of affordable housing overlay.   

58Outhouse.

 An outhouse with zero rear and one side set back may be permitted on a plot having an area not less than 150 square meters: 
Provided that— 
(i) the coverage of the outhouse shall not exceed 30 square meters and the height shall not exceed 3 meters;

(ii) the built up area of the outhouse and that of the main building together shall not exceed the permissible FAR  for the concerned plot;

(iii) the outhouse shall not cover more than one third of the width and more than one fourth of depth of the plot and shall not abut any public road;

(iv) a minimum 1.5 meters strip of land shall be kept open to the sky between the main building and the outhouse;

(v) no opening either in the form of windows or doors or ventilators shall be provided to the adjoining properties; and

(vi) outhouses with sloping roof would only be permitted and in no case permission for outhouses would be granted with reinforced concrete cement flat roof. 

59 Requirements for Basti Area.—

(1) In a Basti area, permission to erect a building may be given on the basis of the available width of means of access, provided that where the width of means of access is 4.5 metres or less, the coverage shall be limited to 50% of the plot area and the maximum height of the building shall be limited to two storey and the F.A.R. shall be limited to 1.00.  

2)For plots with narrow width, i.e.  a width of 7.5 meters or less, zero setbacks may be allowed on one side with a passage of one meter on the other side.  

3)The rear setback and front setback shall not be less than 3.0 meters and 1.5 meters, respectively.  

4)In each house on a Basti plot having one side setback, an internal court- yard of not less than 10 square meters in area and not less than 2.5 meters in width shall be provided in such a way that at least one wall of each living room abuts such court-yard or a verandah opening to such court-yard.  

5)Construction proposed in all existing buildings which have been divided into parts by partition or sale or otherwise may be permitted (without insisting on front, rear or side setbacks) subject to fulfilment of following provisions, namely:— 

(a) coverage provided for the upper floor shall not exceed 75% of the plinth area of existing floor for organizing an open terrace to facilitate light and ventilation to the habitable rooms;

b) separate arrangement shall be made for drainage of the storm water;

(c) ventilators may be permitted above lintel height on production of no objection certificate from the owners of the adjacent plot to which the ventilators abuts, but no window overlooking others property may be permitted without obtaining his written consent in the shape of an affidavit.

6)For construction on the first and subsequent floors on existing floors in a Basti area, on zero setbacks on one sides may be permitted, provided that the construction does not lead to closing down of windows or ventilators or skylights of the neighbouring plot which are already existing lawfully.   

7)While according permissions without providing required setbacks, no-objection certificate in the shape of an affidavit from the side neighbour may be obtained and reasons for the same may be recorded in writing.  

60Semi- detached and row housing.—

(1) Owners of adjacent similar dimension plot abutting a road may be permitted to construct row or semi-detached buildings.  

2)The orientation of the row or semi-detached building shall preferably be such that the prevailing summer breeze can be availed by each dwelling unit.  

3)For semi-detached buildings over two adjacent plots, the setbacks, the height and the FAR shall be regulated by treating both the plots as one.  

4)In case of row housing, the length of a row shall not exceed 50 meters along the road on which such houses abut. In case, the dwelling units in a row are scattered the maximum length of the road shall be 100 meters.  

For row houses the ground coverage shall not be allowed to exceed 60% and the FAR more than 1.75.  

The minimum size of the plot on which a unit of a row housing may be allowed shall be 30 square meters.  

61Shop cum residence.—

Where plots are allotted in a row for shop-cum-residential purpose, the Authority may allow construction of shop-cum-residential building without any side set backs up to a depth of 10 meters from the front exterior wall:

Provided that no part of the building up to said depth is used for residential purpose on the ground floor and no building exceeding 12 meters in height shall be allowed to be constructed on a shop-cum-residential plot, unless so permitted under the Development Plan:

Provided further that the shop-cum-residence shall have only 2/3rd of the total floor area used for shops: Provided also that the FAR and other parameters shall conform to that specified for commercial buildings.   

62Assembly Buildings (Cinemas, Theatres, Multiplex, Auditorium, Museum, Exhibition hall, Gymnasium, Stadia, Restaurant, Club room, etc.).—

(1) The relevant provisions of the Odisha Cinemas (Regulations) Rules, 1954 shall apply for planning, designing and construction of Cinema and Theatre buildings.  

2)No permission for construction of a assembly building to be used as a cinema hall, theatre or auditoria for cultural show shall be granted unless the construction of such buildings conforms to the provisions of the Odisha Cinemas (Regulations) Act, 1954 and the Odisha Cinematograph Rules, 1939, the National Building Code of India or any other law on the subject for the time being in force in the State.  

3)No permission to construct a cinema hall on a site shall be given unless such site has been approved by the Authority for the purpose.  

4)Excepting provision for restaurant and incidental facilities no other use shall be permitted in a cinema building.  

5)All cinema, multiplexes, theatres or auditoria buildings shall conform to IS; 4898- 1968 and acoustics design of such buildings shall adhere to the requirements of IS; 25261963.  

6)Exits and fire safety requirements shall be in accordance with Part IV (Fire and life safety) of the National Building Code of India.  

7)Parking norms shall apply as per provisions of regulation-37 of these regulations.   

8)Requirements of water supply, drainage and sanitation shall be as per provisions of the National Building Code of India. 

 63Liquefied petroleum gas or Gas Cylinder Godown.—

(1) Vacant space shall be maintained at all times as given in Table No.14 below

Table  No.  14:  Minimum  distances  required  for  storage  shed  of  liquefied  petroleum  gas cylinders
Sl. No Quantity of Compressed Gas in  Cylinders (Kg.) Minimum Clear Distance to be kept (in meters)
(a) (b) (c)
1 0-100 1
2 101 –1000 3
3 1001- 4000 5
4 4001-8000 7
5 8001-12000 9
6 12001-30,000 12
7 Over 30,000 15

 Notwithstanding anything contained in the conditions specified in the Table, cylinders containing liquefied petroleum gas exceeding 100 kilograms but not exceeding 300 kilograms, may be kept in a storage shed forming part of, or attached to building, if it is separated there from by a substantial partition and the only means of access to it is from outside and Such a storage shed shall not be situated under any staircase or near other entrances to or exits from the rest of the building or other buildings.   

A shed used for storage of liquefied petroleum gas cylinders shall be surrounded by a suitable fence to prevent unauthorized persons from having access to the shed.  

64Norms for Petrol Pump.—

(1) Minimum distance from the road intersections shall be—

(i) for minor roads having less than 30 meters width  - 50 meters.; and (ii) for major roads having width 30 meters or more  - 100 meters.  

2)The minimum distance of the property line of petrol pump from the Centre line of the road shall not be less than 15 meters on roads having less than 30 meter width. In case of roads having 30 meter or more width, the width of the road shall be protected.  

Plot size shall be—

(i) for filling stations only  - 30 meters X 17 meters; (ii) for filling-cum-service station   - 36 meters X 30 meters;  

3)The frontage of the plots mentioned in clause (i) and (ii) of sub-regulation (3) shall not be less than 30 meters.  

Other conditions shall include—

(i) new petrol pump shall not be located on roads having less than 30 meters width; 

every petrol pump shall adhere to the norms as prescribed in IRC Code: 122009 (amended from time to time); and (iii) every petrol pump shall have public toilets with Water Closet (WC) separately for men and women.  
Other controls for installation of petrol pump shall include— 

(i) Ground coverage- 20% ; Note: Ground coverage will exclude canopy area

(ii) FAR- 0.20 ;

(iii) Max. height - 7 meters

 (iv) Canopy equivalent to permissible ground coverage within setback line;

(v) Front set back - minimum 6 meters  
Other requirements for installation of petrol pump shall be— 

(i) NOC from Explosives/Fire Department

(ii) License from the  District Magistrate  
In case of Compressed Natural Gas (CNG) mother station— 

(i) Plot size (Max)  - 36 meters X 30 meters

(ii) Maximum ground coverage   - 20%

(iii) Maximum height  - 7 meters (single storey) (iv) Building component   control room/office/ dispensary, store, pantry and W.C.  

65Farm House.

 (1) For construction of Farm House Building in Agriculture (A-1) Use Zone minimum size of plot shall not be less than 1.00 hectare.  

2)Maximum coverage and FAR shall be as given in Table No.15 below: 

Table No. 15: Maximum Coverage and FAR
Sl.No. (a) (b)
1 Maximum permissible ground coverage for all types of activity 15 percent
2 Maximum built-up area (BUA) allowed 500 square meters for every 1 Ha.
3 Residential  accommodation  of watch and ward/maintenance staff 100 square meters
4 Maximum height 7 meters
5 Setbacks Front/side  abutting  road  15.0 meters and all other sides 9.0 meters

3) Minimum 65% percent of the total area of the farmhouse shall be under plantation or cultivation and at least 100 trees per hectare shall be planted out of which at least 50 percent shall be evergreen trees.  

4)In case of a plot for a farmhouse having dwelling units, the owner thereof shall be responsible to make lawful arrangements for potable water.  

5)The owner shall be responsible to provide drains in the farm house to be used for rain water and in case of dairy farm open or closed sanitary drains to clean sheds, as may be required by the Authority.  

6)The owner shall be responsible to provide septic tank with necessary disposal trenches for disposal of human and animal waste in the farmhouse within his own premises.  The owner of a farmhouse shall obtain electric

7)connection directly from the appropriate authority authorized for distribution on such terms and conditions at his own cost as decided by the appropriate Authority.  

8)For the purpose of sub-division of land for farmhouse, provisions of regulations for approval of layout provided in Chapter-X shall apply.  

9)Norms for solid waste management shall apply.  

10)The permitted activity of farm house shall not be modified into other activities.  

66Country Homes.

 (1) For construction of Country Homes in Agriculture (A-1) Use Zone minimum size of plot shall not be less than 2000 square meters. This will be low density residential areas in peri-urban and rural areas. The minimum size of project for approval shall be at-least 10 acres.  

2)Maximum coverage and FAR shall be as given in Table No.16 herein contained

Table No. 16: Maximum coverage and FAR
Sl. No. (a) (b)
1 Maximum permissible ground coverage for all types of activity 15 percent
2 Maximum built-up area (BUA) allowed 250 square meters for every 2000 square meters of plot area.
3 Residential  accommodation  of watch and ward/maintenance staff 20 square meters
4 Maximum height 7 meters
5 Setbacks Front/side  abutting  road  15.0
meters and all other sides 9.0 meters

3) Minimum 65% percent of the total area of the country-home shall be under plantation/cultivation. At least 100 trees per acre shall be planted out of which at least 50 percent shall be evergreen trees. 

4) In case of a plot for a country-home having dwelling units, the owner thereof shall be responsible to make lawful arrangements for potable water.  

5)The owner shall be responsible to provide drains in the country-home to be used for rain water and in case of dairy farm, open or closed sanitary drains to clean sheds, as may be required by the Authority.  

6)The owner shall be responsible to provide septic tank with necessary disposal trenches for disposal of human and animal waste in the country home within his own premises.  

7)The owner of a country home shall obtain electric connection directly from the appropriate authority authorized for distribution on such terms and conditions at his own cost as decided by the appropriate Authority.  

8)For the purpose of sub-division of land for country homes, provisions of regulations for approval of layout provided in Chapter-X shall apply.  

9)Norms for solid waste management shall apply.

10)The permitted activity of country homes shall not be modified into other activities. 

 INTEGRATED TOWNSHIP  

67Integrated Townships.

 (1) Integrated Townships with minimum 10 hectare of land having access from minimum 30 meter ROW road shall be allowed and the road shall have adequate provision for cycle track, footpath, covered drain, plantation, street light and underground utilities.  

2)The integrated Township shall be permitted in Residential; Public and Semi-Public use zones.  

3)Permissible land use within the township (in percentage)— 

(a)     Residential 45-50%
(b)     Industrial (Non Polluting) 8-10%
(c)     Commercial 2-3%
(d)     Public and Semi-Public 6-8%
(e)     Recreational 12-14%

4)Other regulations for approval of Integrated Township shall be as follows, namely:—

(i) at least 10% of the total area shall be reserved for parks and open space. It shall be developed and maintained by the developer; 

(ii) at least 5% of the site area shall be reserved for public and semi- public use and shall be handed over to the Authority free of cost and the same shall be allotted by the Authority for development either to the developer or others on lease basis;

(iii) the FAR shall be calculated on the total area;

(iv) roads and drains shown in Development Plan shall be incorporated within the plan and shall be handed over to the Local Authority free of cost after development;

(v) the maximum permissible FAR and maximum permissible ground coverage shall be 2.75 and 40%, respectively;

(vi) reservation of affordable housing i.e., EWS and LIG housing shall be done as per provisions of affordable housing overlay; (vii) at least one of the major interconnecting roads shall be 18 meter ROW and shall be open ended;

(viii) for the purpose of site-layout for the project, provisions of Chapter-X; “Regulations for approval of layout” shall apply. 

 HIGH RISE BUILDINGS AND HOUSING PROJECTS/ SCHEMES/ APARTMENTS: ADDITIONAL REQUIREMENTS  

68Restriction on construction of high-rise building.—  

1)Construction of high-rise buildings shall not be permitted in villages, namely, Bhubaneswar, Kapileswar, Rajarani, Dhauli, Mukunda Prasad and Gadakhurda.  Provided that the Authority, from time to time, may declare any other village or areas prohibiting construction of high rise building.  

2)The Authority may, with prior approval of the State Government, restrict construction of high-rise buildings in any peri-urban or rural area within its jurisdiction on the basis of assessment of the available utilities or infrastructure such as drainage, solid waste management, transport, water management required for urban settlements/habitats.  

3)Where conditional permissions have been granted before commencement of these regulations, development shall be controlled as per regulations under which such permission were given: Provided that this relaxation shall not be allowed where such development was made in violation of heritage zone condition.  

4)No high-rise building with a height of 15 meters and more shall be allowed to be constructed—

(i) with approach road less than 12 meters width;

(ii) on plot of size less than 2000 square meters. 

69 Main Entrance.—

The main entrance to the premises shall not be less than 6 (six) meters in width in order to allow easy access to fire engine and the gate shall fold back against the compound wall of the premises, thus leaving the exterior

access way, within the plot, free for the movement of fire service vehicles:

Provided that if archway is provided over the main entrances, the height of the archway shall not be less than 5 (five) meters.  

1)For high-rise Housing Projects scheme on one plot, the access way within the premises shall not be less than 7.5 (seven and half) meters in width and between individual building blocks, there shall be an open unbuilt space of 6 (six) meters.  

2)The space set apart for providing access within the premises shall, in no case, be included in the calculation of requirements pertaining to parking spaces and other amenities required to be provided for the building.  

3)Every access way shall be properly drained and lit to the satisfaction of the Authority and manhole covers or any other fittings laid within the right of way of the access way shall be flushed with the finished surface level of it so as not to obstruct safe movement of men and vehicles.  

4)Reconstruction, addition or alteration to any high-rise building shall not be taken in a manner which shall reduce the width of the access way to a level below the minimum prescribed limit under these regulations.  

70General Building Norms:—

The general norms of a building shall be as follows, namely:— 
(i) Architectural elements such as louvers, pergolas, other sunshine materials shall be free from FAR;

(ii) any architectural roof top structures would also be permitted out of FAR if not used for habitable or commercial purposes;

(iii) building elements such as sky bridges and landscape terraces which are meant for community purposes only shall be permitted free of FAR;

(iv) services can be permitted on roofs with adequate screening for the same;

(v) service floors shall not be counted in FAR. Service area on habitable floors may be considered free from FAR;

(vi) Atrium or Atria at any floor will be counted only once in the FAR and the atriums shall be permitted as per the provisions of the National Building Code of India;

(vii) scissor staircase would be permitted provided all travel distance and fire norms are adhered to;

(viii) Stilts in high-rise buildings will not be restricted to height of 2.4 meters as long as it is used for parking

 (ix) Multilevel car parking with car lifts would be permitted with adequate fire safety; 

(x) Buildings of height 60 meters and above, shall have provision for a Helipad.

(xi) Building Components such as doorways, stairways, lifts, ramps, corridors and other parameters for high rise building shall be as per norms given in Annexure-XI.  

71Exit.

 (1) Every high rise building meant for human occupation or assembly, shall be provided with exit sufficient to permit safe escape of the occupants in case of fire or other emergencies.  

2)An exit may be a door-way, corridor, passage way to an internal or external staircase or to a verandah or roof or terrace having access to a street.  

3)Exits shall be so arranged as to provide continuous means of access to the exterior of a building or exterior open space leading to a street without passing through any occupied unit.  

4)Exits shall be so located that the travel distance on the floor shall not exceed twenty meters in case of residential, educational, institutional and hazardous occupancies and thirty metres in the case of assembly, business, mercantile, industrial and storage occupancies.   

5)Wherever more than one exit is required for a floor of a building, exits shall be placed at a reasonable distance from each other as possible.   

6)All the exits shall be accessible from the entire floor area at all floor levels.  

7)There shall be at least two exits serving every floor and at least one of them shall lead to a staircase.  

8)The width of every exit shall not be less than one metre and shall be provided as specified in Table No.17 below: 

Table No. 17: Number of Occupants as per type of Occupancy
Sl. No. Type of occupancy Number of occupants per unit exit
Staircase Terrace
(a) (b) (c) (d)
1 Residential 25 75
2 Mixed and other uses 50 75

Explanation: a) Lifts and escalators shall not be considered as an exit.

b) 'Travel distance' means the distance from any point in the floor area to any exit measured along the path or egress except that when the floor areas are sub-divided into rooms, used singly or of rooms and served by suite corridors and passage, the travel distance may be measured from the corridor entrance of such rooms or suites to the nearest staircase or verandah having access to the street. 

72Occupancy of the Building.

 In addition to the general provisions of occupancy, in case of high-rise buildings, apartments and Housing Projects schemes, Structural Stability certificate from the Registered Technical Person or Project Management Organization shall be furnished after due certification by the appropriate agencies or institutions and in such cases, provision of clause (vi) of sub-regulation (3) of regulation 5 shall also apply, mutatis mutandis.   

73Structural Safety Design, Standards and other requirements.

 (1) The structural design of foundation, masonry, timber, plain concrete, reinforced concrete, prestressed concrete and structural steel shall be carried out in accordance with provisions related to structural design, loads, foundation, wood, masonry, concrete and steel of the National Building Code of India taking into consideration all relevant Indian Standards prescribed by Bureau of Indian Standards for general structural safety, for cyclone or wind or storm protection, for earthquake protection and for protection of landslide hazard. (Refer to Annexure-VIII for list of relevant Indian Standards)  

2)All material and workmanship shall be of good quality conforming generally to the accepted standards of Public Works Department and Indian standard specification and codes as included under Building Materials and Construction practices and safety of the National Building Code of India.  

3)The provisions of these regulations are not intended to prevent the use of any material or method of design or construction not specifically prescribed by these regulations provided any such alternative has been approved.   

4)The building materials approved by Bureau of Indian Standards (B.I.S.) or any statutory body will form part of the approved building material and technology as part of the regulations.  

5)The Planning design and installation of electrical installations, air conditioning installation of lifts and escalators can be carried out in accordance with provision prescribed for Building Services, Lighting and Ventilation, electrical and Allied installation, air conditioning and heating, acoustics, sound insulation and noise control, installation of lifts and escalators in the National Building Code of India.  

6)The requirements of electric sub-station and the provisions of electric sub-station shall also require approval from the concerned Authority.  

7)The planning, design, construction and installation of water supply, drainage and sanitation and gas supply system shall be in accordance with relevant provisions of the National Building Code of India. 

OVERLAY REGULATIONS  

74Affordable Housing Overlay.

 (1) With a vision to ensure access to formal housing for all sections of society living in Bhubaneswar Development Area, following development control norms (affordable housing overlay) are prescribed for facilitating development of EWS or LIG or MIG housing units.   

2)The category-wise, size of the dwelling units shall be as given in Table No.18 below:

Table No. 18: Category wise size of dwelling units
Sl.
No.
Category of Dwelling Units Size of the Dwelling Units (in square meters of carpet area)
(a) (b) (c)
1 Economical Weaker Section (EWS) Up to 30 square meters
2 Low Income Group (LIG) Up to 60 square meters
3 Middle Income Group (MIG) Up to 100 square meters

3) Maximum density for EWS and LIG Housing projects shall not exceed beyond the limits as specified in Table No.19 below: 

Table No.19: Maximum Density specification for EWS and LIG housing
Sl. No. Plot Area (in square meters) Maximum Density (Dwelling Unit/ Acre)
(a) (b) (c)
1 Up to 4000 square meters 300 dwelling units per acre
2 From 4000 square meters to 10000 square meters 250 dwelling units per acre
3 Plots more than 10000 square meters 200 dwelling units per acre

4)The following relaxations in development control regulations shall be applicable to the extent of Economically Weaker Section (EWS) and Low Income Group (LIG) housing in various housing projects, namely:—

(i) The distance between two building blocks shall be a minimum of 2 meters.

 (ii) Parking requirements for Affordable Housing Projects can be accommodated within setback areas, between building blocks or open areas subject to condition that at least 1.2 meter driveway for one side parking and 1.5 meter driveway for both side parking, shall be provided.

(iii) The side setbacks may vary depending upon the plot size and plan prepared for a particular project, subject to provision of at least 1 meter side setback on either side. The sum total of both side setbacks in a particular project shall comply with these regulations. 

For the purpose of ensuring provisions of Housing for all, the State Government has notified a policy that is “Policy for Housing for All in Urban Areas, Odisha- 2015” which prescribes mandatory development of EWS housing, incentives to be given to private developer and Government agencies in terms of FAR, norms for promotion of mixed use development and relaxations in terms of various fees and charges. This policy will be made applicable to building plan approval of all such projects:

Provided that incentives and provisions prescribed in this policy for promotion of affordable housing are model specific that is to say, a provision under one model cannot be made applicable to projects taken up under another model.     

6)To ensure development of MIG housing, following incentives shall be provided, namely

 (i) in apartments and housing projects, for the dwelling units under MIG category, parking requirements shall be calculated at minimum of 25% of total built-up area of such dwelling units;

(ii) the developer shall be entitled to receive additional FAR equivalent to 20% of the built-up area utilized for MIG units and the said additional FAR can only be utilized in the same project subject to a maximum additional FAR of 0.25.  

7)External infrastructure that is development of road connectivity as per plan, street lighting, water supply, sewerage connection, solid waste management facility and ublic transport services to the battery limits of projects taken up under Model- 3, 4 and 5 of the Policy for Housing for All in Urban Areas, Odisha— 2015 shall be provided by concerned Government agencies without any infrastructure or development charges to the projects.   

75Transit Oriented Zone (TOZ) Overlay Regulations.—

(1) This Overlay Zone provides opportunity for mixed use and higher density development along the notified transit priority corridors to encourage and promote compact mixed use development in this zone and TOZ shall help in sustainable urban development by ensuring that maximum number of people can live, work or find means of recreation within walking or cycling distance of the transit priority corridors.   

2)The transit priority corridors, extent of the TOZ along such corridors and applicability of development control norms in such TOZ shall be notified by Authority, from time to time and the same shall be defined as per the following overall framework, namely: — 

(i) up to maximum of 400 meters wide belt on both sides of centre line of the notified transit priority corridors can be TOZ;

(ii) in case a part of plot or project site falls within notified TOZ, then the whole plot or project site shall be included in TOZ;

(iii) development control norms overlay shall be within the overall framework of sub-regulation (4).   

TOZ overlay will override general provisions of development control regulations to the extent provided herein but the same shall not override the provisions related to following:   

(i) Environmentally Sensitive Zone; 

(ii) Special Heritage Zone;

(iii) Open Space Use Zone;

(iv) Agricultural and Forest Use Zone;

(v) Water Bodies Use Zone;

vi) any other use zones in which higher intensity of development allowed under TOZ is not desirable, as decided by Authority, from time to time.  

4)The following Development Control Norms shall be applicable in TOZ Overlay, namely;

 (i) The TOZ shall allow flexibility in provision of a mix of various uses within the same plot, with the exception of the following polluting and potentially hazardous uses affecting security, safety and environmental quality, of such areas,

(a) Retail shops - building materials, timber, building products, marble, iron, steel and sand, firewood, coal,

(b) Repair shops - automobile repair and workshops, cycle rickshaw repairs, tyre resorting and retreading, battery charging,

(c) Service shops - flour mills, (more than 3 KW power load), fabrication and welding

 (d) Storage, godown and warehousing,

(e) Manufacturing units (excluding household industry),

(f) Junk shop,

(g) Other hazardous, polluting and nuisance causing uses,

(h) any other use which in view of Authority is analogous to entries listed above;

(ii) maximum permissible FAR of 4.0 will be allowed for projects taken up in the Transit Oriented Zone subject to following conditions, namely:—

(a) the plots/ project sites abut roads having width of 18 meters or above;

(b) plot size is more than 2000 square meters;

(c) this FAR will be available over the Base FAR on production of TDR certificates or on payment of charges which are equivalent to charges prescribed for purchasable FAR

 (iii) mixed use of the plot or project site and/or building shall be permitted in TOZ subject to following conditions, namely:—

(a) principal use shall cover not less than 50% (fifty percent) of total built-up area and rest of the built-up area may cover any one or more of the permissible uses;  

(b) for the purpose of this regulation, principal use may be any of the permissible uses as allowed under clause (i);  

(iv) The front setbacks on some or a part of the Transit Priority Corridors, having character of commercial streets, shall have fixed frontal setbacks as provided in Table No.20. The extent of such streets shall also form the part of the notification of Transit Priority Corridor notified by the Authority under subregulation (2). This is required to achieve a continuous building facade along a street edge to form a build-to line. It is further provided that all buildings shall be required to coincide with this line up to a minimum of 50% (fifty percent) of this line; and 

Table No. 20: Front Open space for Buildings
Sl No. Front Open Space (in meters) Width of Street Fronting the Plot (in meters)
(a) (b) (c)
1 1.5 Up to 9.0
2 3.0 Above 9.0 and up to 18
3 4.5 Above 18 and up to 30
4 4.5 Above 30

(v) In the plots/ project sites for which provisions of 10% (ten percent) EWS housing are mandatory as per affordable housing overlay, additional provisions shall be made for reservation of 10% (ten percent) of built-up residential space for LIG or MIG housing. For such reservations, incentives available under affordable housing overlay shall be available;

(vi) Provision of a minimum 10% (ten percent) of Public Open Space (POS) shall be mandatory in all developments over plot size of more than 2000 square meters. This shall be subject to the following conditions, namely:— (a) This Public Open Space shall be open to all and shall provide facilities like badminton court, tennis courts, basketball courts, bus stops, toilets; (b) Public amenities provided in POS as part of the development shall be exempted from calculation of FAR; (c) For plot size more than 1 Acre, Through-Block Linkages of width not less than 3.0 meters shall be provided to improve connectivity and to encourage walkability within the TOZ.  

76Mixed-Use Zone Overlay Regulations.—

(1) This Overlay Zone provides opportunity for development of a diversified and pedestrian oriented urban environment where a mix of uses are encouraged, by allowing greater flexibility in development and to promote walk-to-work environment.   

2)Mixed Use Overlay shall be applicable only on streets with width of 18 meters or more, as notified by BDA after due consultation with all stakeholders and subject to all such norms, terms and conditions including charges, if any, as are prescribed in such notification.    

3)Mixed use Zone overlay shall override general provisions of development control regulations to the extent provided herein but same shall not override provisions of other following overlays or land uses, namely:—   

(i) Environmentally Sensitive Zone

 (ii) Special Heritage Zone;

 (iii) Open Space Use Zone;

(iv) Agricultural and Forest Use Zone;

(v) Water Bodies Use Zone;

(vi) Transit Orientated Zone;

(vii) any other use zones in which mixed use development under this overlay is not desirable, as decided by Authority from time to time.  

4)The following Development Control Norms shall be applicable in Mixed use Overlay, namely;

 (i) The Mixed Use Overlay Zone shall allow flexibility in provision of a mix of various uses within the same plot, with the exception of the following polluting and potentially hazardous uses affecting security, safety and environmental quality, of such areas,—

(a) Retail shops - building materials, timber, building products, marble, iron, steel and sand, firewood, coal

 (b) Repair shops - automobile repair and workshops, cycle rickshaw repairs, tyre resorting and retreading, battery charging,

(c) Service shops - flour mills, (more than 3 KW power load), fabrication and welding,

(d) Storage, godown and warehousing,

(e) Manufacturing units (excluding household industry),

(f) Junk shop, (g) Other hazardous, polluting and nuisance causing uses,

(h) any other use which in view of Authority is analogous to entries listed above;

(ii) The FAR utilization and mix of uses within various permissible uses shall be as per following conditions, namely:—

(a) principal use shall cover not less than 50% (fifty percent) and not more than 75% (seventy five percent) of total built-up area and rest of the built-up area may cover any one or more of the permissible uses and it is further provided that for the purpose of this regulation, principal use may be any of the permissible uses as allowed under clause (i); and (b) on the ground floor facing the main street, there shall be provision for retail or/and commercial use only and it is further provided that there shall be fixed frontal setbacks as provided in clause (iv) of sub-regulation (4) of regulation 75, under TOZ overlay. 

INTEGRATION OF ENVIRONMENTAL CONDITIONS AND STANDARDS  

77Integration of environmental condition.—

(1) Building plans with a total built-up area between 5,000 square meters and 1,50,000 square meters, shall comply with the environmental requirements stipulated in Table No. 1 (for above 5,000 square meters and up to 20,000 square meters), Table No. 2 (for above 20,000 square meters and up to 50,000 square meters) and Table No. 3 (for above 50,000 square meters and up to 1,50,000 square meters) at Part-I of Annexure-III, as the case may be: Provided that Authority may, by a notification, modify requirements of AnnexureIII, from time to time, on basis of any direction issued by the State Government.  

2)In cases where the buildings are of area more than as specified in Annexure-III, relevant environmental clearances would be required as per the provisions of EIA Notification 2006 and its subsequent amendments, from time to time.  

3)The building permissions being granted by Bhubaneswar Development Authority and the construction of such buildings, as per size, shall adhere to the objectives and monitorable environmental conditions as given at Part-I of Annexure-III.  

4)These objectives and monitorable environmental conditions referred to in subregulation (3) will be enforceable within the provisions of the Act, rules and these regulations.  

5)Notwithstanding anything contained in regulation 1, this Chapter –IX Integration of Environmental  Conditions and Standards of these regulations, shall come into force as per the provisions stipulated in the Notification of Ministry of Environment, Forest and Climate Change, notified vide number S.O. 3999 (E) dated the 9th December 2016.  

6)The Qualified Building Environment Auditors (QBEAs) as empanelled/accredited by Ministry of Environment, Forest and Climate Change (as per Part-II of Annexure-III) may assess and certify the building projects for the purpose of certification regarding incorporation of environmental conditions.  

78Constitution of Environmental Cell.

(1) For compliance and monitoring and to ensure environmental planning within Bhubaneswar Development Area, an Environmental Cell (herein after called as Cell), shall be constituted by the Authority.   

2)The Cell shall monitor the implementation of these regulations and notifications issued, if any, under these regulations and the Cell shall function under the administrative control of a member of Authority as decided by Vice Chair-person.  

3)Prior to issuance of occupancy certificate, BDA through its environmental cell shall check and ensure compliance of the environmental conditions, as applicable and as per the requirements stipulated for such buildings as specified in Part-I of Annexure-III.  

4)The Cell shall monitor the implementation of these regulations framed for Integration of Environmental conditions for construction of buildings.  

5)The composition and function of such Cell shall be as per Part-III of Annexure-III

6) The Cell may also allow the third party auditing process for oversight, if any.  

79Procedure for integration of environmental condition for different building category.—

(1) Buildings Category '1' (total built-up area of 5,000 Square meters or more and less than 20,000 Square meters),— 

(i) a Self declaration Form to comply with the environmental conditions (Annexure-III) along with Form 1A of Environment Impact Assessment Notification, 2006 of MoEF and certification by the Qualified Building Environment Auditor to be submitted online by the project proponent besides application for building permission to Bhubaneswar Development Authority along with the fees as specified by the Authority from time to time;

(ii) building permission incorporating the environmental conditions shall be issued by the Authority upon adherence to clause (i) and allow the project to start based on the self-declaration and certification submitted with the application;

 (iii) after completion of the construction of the building, the project proponent shall update Form 1A online based on audit done by the Qualified Building Environment Auditor and shall furnish the revised compliance undertaking to Bhubaneswar Development Authority. Any non-compliance issues in buildings less than 20,000 square meters shall be dealt by the Authority as per provisions of these regulations and other relevant existing mechanisms.  

2)Other Buildings Categories (total built-up area of 20,000 Square meters and above),—

(i) the project proponent may submit online application in Form 1A of Environment Impact Assessment Notification, 2006 of MoEF along with specified fee for environmental appraisal and additional fee for building permission. The fee for environmental appraisal will be deposited in a separate account. The Environment Cell will process the application and present it in the meeting of the Development Plan and Building Permission (DP and BP) Committee. The Committee will appraise the project and stipulate the environmental conditions to be integrated in the building permission. After recommendations of the Committee, the building permission and environmental clearance will be issued in an integrated format by the Authority;

(ii) the project proponent shall submit Performance Data and Certificate of Continued Compliance of the project for the environmental conditions parameters applicable after completion of construction from Qualified Building Environment Auditors every five years to the Environment Cell with special focus on the following parameters, namely:—

(a) Energy Use (including all energy sources)

(b) Energy generated on site from onsite Renewable energy sources;

(c) Water use and waste water generated, treated and reused on site;

(d) Waste Segregated and Treated on site; and

(e) Tree plantation and maintenance; 

(iii) after completion of the project, the Environmental Cell shall randomly check the projects compliance status including the five years audit report and in case there is any violation detected, the Cell shall recommend penalty of imposing fine as applicable under relevant State laws for non-compliance of conditions or parameters to the Authority/DP and BP Committee and on the basis of the recommendation of the Cell, the Authority or the DP and BP Committee may impose the penalty under relevant State laws.

(iv) The cases of false declaration or certification shall be reported to the accreditation body and to the Authority for blacklisting of Qualified Building Environment Auditors and penalty on the owner and Qualified Building Environment Auditors as the case may be.

(v) No Consent to Establish and Operate under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 will be required from the State Pollution Control Boards for residential buildings up to 1,50,000 square meters. 

REGULATIONS FOR APPROVAL OF LAYOUTS  

80Scope 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.  
Every owner of land intending to undertake development of land shall make an application in Form- I (Common Application Form) as appended to the Odisha Development Authorities (Common Application Form) Rules, 2016, for approval of layout.   

2)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

3)Form III as appended to Odisha Development Authorities (Common Application Form) Rules, 2016, respectively.  

4)Every application shall be accompanied by fees as specified in the Odisha Development Authorities (Common Application Form) Rules, 2016. 

SUB-DIVISIONAL LAYOUT  

81Application for Sub-division Layout.—

(1) The applications for sub-division shall be, in addition to the requirements specified in clause(iii) of sub-regulation (2) of regulation 5, 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.  

82Use 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:

Provided that in every sub-division plan spaces for roads, open spaces, community facilities and public utilities as specified in this regulation or any such other facilities as the Authority may determine shall be incorporated.  

2)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.    

3)The land covered by roads, open spaces, community facilities, public utilities 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 or any other government agency by way of deed of gift, as and when required by them.  
The land required for development of public thoroughfare for providing access to the adjacent land locked plots as per norms of these regulations shall be made available to concerned local body or any other Government agency by way of deed of gift.   

Sub-division of land for residential purpose in Agricultural (A-1) 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.  
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 or for providing access to the adjacent land locked plots and public thoroughfare 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 Odisha Transferable Development Rights Rules, 2015.   

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 charge, to Authorities or agencies which are responsible for planning and development of public transport infrastructure for the layout area.  

83Size 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.  

84Planning 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-regulation (1) of regulation 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; 

(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) Hectare,—  

(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 same 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(s) 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(s) of land has to develop the access road and storm water drain to the site as determined by the Authority: Provided that, the owner(s) 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(s) of land has to develop the access road and storm water drain to the site as determined by the Authority:  Provided that, the owner(s) 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.  

85Reservation 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.   

2)At least 20% (twenty percent) of saleable residential land shall be earmarked for EWS and LIG category.    

3)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.  

4)Minimum size for EWS and LIG plots shall not be less than 30 (thirty) square meters and 50 (fifty) square meters, respectively.    

5)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.

86Hierarchy 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.21 below: 

Table No.21: Minimum road width (ROW) for Sub-division Layouts
Sl.
No.
Area for Development (In Hectare) Minimum Right of Way
(a) (b) (c)
1 Up to 1.0 9 meters
2 1.0 to 4.0 12 meters
3 Above 4.0 18 meters
4 Above 10.0 30 meters

 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.22 below: 

Table No.22: Minimum ROW of Internal Roads
Sl.
No.
Length of Road (in Meters) Minimum ROW (in Meters)
Residential Non-residential and Mixed Use
(a) (b) (c) (d)
1 Up to 250 9.00 12.00
2 Above 250 and Upto 500 12.00 18.00
3 Above 500 and up to 1000 15.00 24.00
4 More than 1000 18.00

 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 subregulation (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.  

87Provisions for Industrial Layouts.—

(1) The planning standards for reservations of land for sub-divisional layouts for industrial estates shall be as per regulation 84 except as provided hereunder:

(i) except for the land reserved for open space, streets and common plots; the rest of the land can 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 the total reservation applicable for open space and common plot areas. This shall be made available without any fees or charge to Authorities or agencies which are responsible for planning and development of public transport infrastructure for the layout area;

(iv) The land reserved for open space shall be located in one central place. Out of same, 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.    

88Special Provisions.—

(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.

(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 same, 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  

89Applicability.—

(1) Site layout approval shall be applicable to projects which are located on plots where layout approval for sub-division has not been taken.   

2)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 regulations.  

90Site 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.   

2)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.   

3)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 Odisha Transferable Development Rights Rules, 2015 or compensatory FAR, as the case may be.  

4)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.  

5)Provisions for integration of public transport infrastructure and other such requirements shall be made as per guidelines formulated under regulation 52. 

COMPOUNDING  

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; an

 (v) where road or drain whether public or private, whether constructed or natural, has been encroached.  
Subject to the provisions contained in sub-regulation (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 regulations as applicable to the specific plot; (ii) where deviations has been made up to 10% (ten percent) beyond the permissible norms of these regulations in respect of front, rear and side setbacks within the permissible FAR limits on payment of compounding charges as given in Table No.23. (iii) where deviations has been made upto 10% (ten percent) in consumption of FAR beyond the permissible limits on payment of charges which are equivalent to charges notified for Purchasable FAR.  

The limitations on extent of compounding as prescribed under these regulations shall be prospective in nature and shall apply only to building plans approved under these regulations.   

It is provided that cases of compounding of unauthorised development related to building plans approved prior to commencement of these regulations 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 these 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. 

92 Compounding Rate.

 (1) Compounding Rates for various categories shall be as specified in Table No.23 below:

 Table No. 23: Category Wise Compounding Rates
Sl.
No.
Situations / Limitations Compounding fee for Square meter (in Rupees.) of deviation
Individual Residential Buildings State Govt./ Central Govt./ Govt.
Undertaking
Other Class of Buildings
(a) (b) (c) (d) (e)
1. Where  development  has  been  undertaken in   deviation   to   the  approved  plan,  but within  the  framework  of  use,  restrictions and    the     provisions     of     norms     and stipulations of these regulations. 150 25 300
2. Where        development        has        been undertaken     without     permission,     but within  the  frame  work  of  use restrictions and   the   provisions   of  the   regulations applicable  to concerned plot 250 25 500
3. Constructions   up   to   5%   beyond   the permissible   norms   of   these   regulations with   respect   to   front,   side   and   rear setbacks. 1000 100 2000
4. Constructions from 5% to 10% beyond the permissible   norms   of   these   regulations with   respect   to   front,   side   and   rear setback. 2000 200 5000

93 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.  

94Temporary Retention.—

The Authority may allow retention of any unauthorized structure for temporary period on deposit of retention fee. The type of structure to be retained, the period of retention and the fees to be deposited shall be decided by the Authority from time to time.  

95Power of Government to Exempt.

 Notwithstanding anything contained in these regulations, the Government may compound any deviations in the building constructions or layout development undertaken prior to commencement of these regulations by formulating and notifying a scheme in the gazette specifying details of terms and conditions of such relaxations.

INTERPRETATION  

96Interim 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 regulations shall apply for regulating development.  

97Applicability 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 regulations 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.  

98Applicability of these Regulations.—

If 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 regulations,  then such commitment shall be deemed to be made under these regulations and 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.

99Decision of the Government to be final.—

In case any doubt arises with respect to interpretation of these regulations or in case of any dispute in interpretation of these regulations, the decision of the State Government shall be final.  

100Relaxation by the Government.—

The Authority may recommend to the State Government for relaxation or modification of any of the clauses of these regulations 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.

*****