ADMINISTRATION



DEPARTMENT OF URBAN DEVELOPMENT UT ADMINISTRATION OF DADRA AND NAGAR HAVELI

ADMINISTRATION 

In exercise of the powers conferred in Section 140 of Goa, Daman and Diu Town and Country Planning Act, 1974 (Act 21 of 1975) as extended to the Union Territory of Dadra and Nagar Haveli vide Notification NO.GSR-749 (E) dated 30.10.84 by Ministry of Home Affairs, Government of India and made applicable from 01-12-1990 vide Notification NO.ADM/LAW/ATP/108(7)/90 dated 29-11-90, the Administrator, Dadra and Nagar Haveli is hereby pleased to make the following Development Control (Revised) Rules for the Planning Area of Dadra & Nagar Haveli.  

1. SHORT TITLE AND COMMENCEMENT 

1.1. These rules shall be called the Dadra and Nagar Haveli Development Control Rules 2014. 

1.2. These rules shall apply to the building activity and development work in the planning area of the Union Territory of Dadra and Nagar Haveli as per the Zoning provisions in the Outline Development Plan 2021 of Dadra & Nagar Haveli.  If there is conflict between the requirements of these rules and those of any other rules or bye-laws of any local authority, these rules shall prevail. 

1.3. These rules shall come into force from the date of its publication in the official gazette and shall replace all other existing Building Regulations /Development Control Rules under any Act.

2. DEFINITIONS OF TERMS AND EXPRESSIONS 

2.1. General – in these Rules, unless the context otherwise requires, the terms and expressions shall have the same meaning indicated against each of them 

2.2. The terms and expressions not defined in these rules shall have the same meaning as in the Goa, Daman and Diu Town and Country Planning Act, 1974 (Act 21 of 1975) as extended to the Union Territory of Dadra and Nagar Haveli. 

3. MEANING AND DEFINITIONS 

3.1. Accessory Building 

Means a building separated from the main building on a plot, and to put to use one or more accessory uses. 

3.2. Accessory Use 

Means use of building subordinate and customarily incidental to the principal use. 

3.3. Act 

Means the Goa, Daman and Diu Town and Country Planning Act,1974 (Act 21 of 1975) as extended to the Union Territory of Dadra and Nagar Haveli vide Notification No.GSR-749(E) dated 30-10-84 by Ministry of Home Affairs, Government of India and made applicable from 01-12-1990 vide Notification No.ADM/LA/W/ATP/108(7)/90 dated 29-11-90. 

3.4. Advertising Plan 

Means any surface or structure with Characters, letter of illustrations applied thereto and displayed in any manner whatsoever out of doors for the purpose of advertising or giving information regarding or to attract the public to any place, person, public performance, article or merchandise, and which surface or structure is attached to, forms part of or is connected with any building, or is fixed to a tree or to the ground or to any pole, screen, fence or hoarding or displayed in space; or in or over any water body  in the entire Dadra & Nagar Haveli. 

3.5. Air-Conditioning 

Means the process of treating air to control simultaneously its temperature, humidity, cleanliness and distribution to meet the requirement of an enclosed space 

3.6. Addition and/or alteration 

Means change from one occupancy to another, or a structure change, such as addition to the area or height, or the removal of part of a building or a change to the structure, such as the construction or cutting into or removal of any wall or part of a wall, partition, column, beam, joist, floor including a mezzanine floor or other support, or a change to or closing of any required means of ingress or egress, or a change to mixtures or equipment, as provided in these Regulations.  

3.7. Amenity 

Means roads, streets, open spaces, parks, recreational grounds, play grounds, gardens, sports complex, parade ground, markets, primary schools, secondary schools, colleges, polytechnics, Clinics, dispensaries, hospitals, parking lots, water supply, electric supply, street lighting, sewerage, drainage, public works and includes other utilities, services and conveniences. 

3.8. Architect 

Means an architect who is an associate or corporate member of the Indian Institute of Architects or who holds a degree or diploma which makes him eligible for such  membership for such qualifications listed in Schedule XIV of the Architects Act, 1972 and being duly registered with the Council of Architecture under that Ac

3.9. Atrium 

Means a sky lighted naturally/ artificially ventilated area in buildings, with no intermediate floors, often containing plants and used as circulation space or an entrance foyer. 

3.10. Automatic sprinkler system 

Means an arrangement of pipes and sprinklers, automatically operated by heat and discharging water on fire, simultaneously setting an audible alarm 

3.11. Balcony 

Means a horizontal projection, including a parapet, hand-rail balustrade, to serve as a passage or sitting out place 

3.12. Basement or cellar 

Means the lower storey of a building below the ground level 

3.13. Building 

Means a structure, constructed with any materials whatsoever for any purpose, whether used for human habitation or not, and includes excavation except for the purpose of digging for foundation bore well and or compound wall, foundation plinth, wall, floors, roofs, chimneys, plumbing, and building services, fixed platforms; verandahs, balconies, cornices, projections; part of a building or any things affixed thereto; any wall enclosing or intended to enclose land or space, signs and outdoor display structures; tanks constructed for storage of chemicals or chemicals in liquid form; and all types of buildings defined in 3.13 below, except tents, shamianas and tarpaulin shelters erected for temporary purposes for ceremonial occasions, with the permission of the Authority/PDA or any other officer empowered by him /her in this behalf. 

3.13.1. Assembly Buildings means a building or part thereof where groups of people congregate  or gather for amusement, recreation, social, religious, patriotic, civil, travel and similar purposes, and include buildings of drama and cinema theatres, drive-in-theatres, assembly halls, city halls,  town halls, auditoria, exhibition halls, museums, ‘mangal karyalayas’, skating rinks, gymnasia, stadia, hotels, restaurants, eating of boarding houses, places of worship, dance halls, clubs, gymkhanas, road, air, sea or other public transportation stations, and recreation areas.  

3.13.2. Biotechnology Building (BT) Includes any building which is used as Biotechnology Unit, as certified by the Development Commissioner (Industries) or any other officer authorized by him in this behalf. 

3.13.3. Business building means any building or part thereof used for transaction of business and/or keeping of accounts and record therefore, offices, banks, professional establishments, court houses being classified as business buildings if their principal function is transaction of business and/or keeping of books and records. 

3.13.4. Detached building means a building with walls and roofs independent of any other building and with open spaces on all sides. 

3.13.5. Educational building means a building exclusively used for a school or college or educational institution recognized by the appropriate Board or University, or any other competent authority involving assembly for instruction, education or recreation incidental to educational use, and including a building for such other users incidental thereto such as library or a research institution.  It shall also include quarters for essential staff required to reside in the premises, and a building used as a hosted captive to an educational institution whether situated in its campus or not.  

3.13.6. Farm building means a structure erected on land assessed or held for the purpose of agriculture for all or any of the following purposes connected with such land or any other and belonging to or cultivated by the holder thereof, namely;  for the storage of agricultural implements, manure or fodder;

  • for the storage of agricultural produce
  • For sheltering cattle
  • For the residence of members of the family, servants or tenants of the holder, or
  • For any other purpose which is an integral part of his cultivating arrangement; 

3.13.7. Floriculture Land-use includes any land used for farming of flowers, treatment, storage, packaging, and preservation of flowers.

3.13.8. Hazardous building  means a building or part thereof used for  storage, handling, manufacture or processing of radioactive substances or highly combustible or explosive materials or products which are liable to burn with extreme rapidity and/or producing poisonous fumes or explosive emanations; and a building or part thereof used for storage, handling, manufacture or  processing of which involves highly corrosive, toxic or noxious alkalis, acids, or other liquids, gases or chemicals producing flame, fumes and explosive mixtures or which result in division of matter into fine particles capable of spontaneous ignition

3.13.9. Information Technology Building (IT) includes any building used primarily for the development of computer software and hardware; IT enabled services (ITeS) and equipment relating to earth station, V-SAT, routers, transponders, covered and dish antenna, transmission towers and other similar I.T. related uses. 

3.13.10. Industrial building means a building or part thereof wherein products or material are manufactures and/or fabricated, assembled or processed, such as assembly plants, laboratories, power plans, refineries, gas plants, mills, diaries and factories. 

A.) Service Industry Class-A means any industry which is engaged in producing, servicing or repairing goods or articles for consumption by persons residing in the neighborhood and which fulfills the following three conditions: i. The number of persons employed in any establishment does not exceed 9, ii. The maximum power requirement of such establishment does not exceed 10H.P and iii. The floor area occupied by such establishment does not exceed 50 Sq.m and shall include particularly any industry mentioned in Annexure 19. 

B.) Service Industry Class-B means any industry which is engaged in producing, servicing or repairing goods or articles for consumption in the neighborhood and which fulfills the following three conditions: i. The number of persons employed in any establishment does not exceed 20, ii. The maximum power requirement of such establishment does not exceed 20 H.P., and iii. The floor area occupied by such establishment does not exceed 250 Sq.m and shall include particularly and industry mentioned in Annexure 19.  

3.13.11. Institutional building means a building constructed by Government, SemiGovernment organizations or registered Trusts /  societies, individuals etc,  and used for medical or other treatment, a hostel for working women or for an auditorium or complex for cultural and allied activities or for an hospice, care of persons suffering from physical or mental illness, handicap, disease or infirmity care of orphans, abandoned women, children and infants, convalescents, destitute or aged persons and for penal or correctional detention with restricted liberty of the inmates ordinarily providing sleeping accommodation, and includes dharamshalas, hospitals, sanatoria, custodial and penal institutions such as jails, prison, mental hospitals, houses of correction, detention and reformatories.

3.13.12. Mercantile building means a building or part thereof used as shops, stores or markets for display and sale of wholesale or retail goods or merchandise, including office, storage and service facilities incidental thereto located in the same building. 

3.13.13. Multi-storey building or “High-rise building” means a building of height of 15 meters or more above the ground level / stilt level whichever is applicable  

3.13.14. Nanotechnology Building (NT) includes a building which is used for development of nanotechnology unit, as certified by the Development Commissioner (Industries) or any other officer authorized by him in this behalf. 

3.13.15. Office building & (premises) means a building or premises or part thereof whose principal use is for an office or for office purposes or clerical work. “Office purposes” includes the purpose of administration, clerical work, handling money, telephone, telegraph and computer operation; and “clerical work” includes writing, book-keeping, sorting papers, typing, filling, duplicating, punching cards or tapes machines calculations, drawing of matter for publication and editorial preparation of matter for publication. 

3.13.16. Residential building means a building in which sleeping accommodation is provided for normal residential purposes, with cooking or dining facilities, and includes one or more family dwellings, lodging or rooming houses, hostels, dormitories apartment houses, flats, & private garages of such buildings. 

3.13.17. Semi-detached building means a building detached on three sides with open spaces as specified in these rules. 

3.13.18. Special building  means a building solely used for the purpose of a drama or cinema  theatre, a drive-in-theatre, an assembly hall or auditorium, an Exhibition hall, theatre museum, a stadium, a “mangal karyalaya’  or where the built-up area of such a user exceeds 600 sq.mts. in the case of mixed occupants; or an industrial building; a hazardous building; a building of a wholesale establishment; residential hotel building or centrally air-conditioned building / Shopping Malls/ Multiplexes etc which exceeds 15 m in height and/or a total built-up area of 600 sq.mt. 

3.13.19. Storage building: means a building or part thereof used primarily for storage or shelter or goods, wares, merchandise and includes a building used as a warehouse, cold storage, foreign depot, transit shed, store house, public garages, hangar, truck terminal, grain elevator, barn and stable. 

3.13.20. Unsafe building: means a building which is structurally unsafe, is insanitary, is not provided with adequate means of egress, constitutes a fire hazard, is dangerous to human life in relating to its existing use constitutes a hazard to safety or half or public welfare by reasons of inadequate maintenance, dilapidation or abandonment. 

3.13.21. Wholesale establishment: means an establishment wholly or partly engaged in wholesale trade and manufacturer, wholesale outlets, including related storage facilities, warehouses and establishments engaged in truck transport, including truck transport booking agencies. 

3.14. Building Control Line 

Means the distance of the building ie plinth, from the centre of the road as per the Right of Way prescribed in the Outline Development Plan. In corner plots, the building control line shall be as per the size of the next hierarchy road.  

3.15. Building line  

Means the line upon which the plinth or building adjoining a street or an extension of a street on or a future street may lawfully extent and includes the lines prescribed, if any. 

3.16. Built up area 

Means the area covered by a building on all floors including cantilevered portion, if any, excepting the areas excluded specifically in these Regulations. 

3.17. Cabin 
Means a non-residential enclosure constructed of non load bearing partitions. 

3.18. Canopy 

Means Cantilevered projection at Lintel level over any entrance. 

3.19. Carpet area 

Means the net usable floor area within a building excluding the walls or any other areas specifically exempted from floor space index computation in these Regulations. 

3.20. Chief Officer:   

Means the Chief Officer appointed by the Govt. under the Municipal Regulation for any Municipal Council to whom the duties and functions of the Chief Officer may be assigned within the territory. 

3.21. Chimney 

Means a construction by means of which a flute is formed for the purpose of carrying products of combustion to the open air and includes a chimney stack and the flute pipe; 

3.22. Chajja 

Means a structural overhang provided over opening on external walls for protection from the weather. 

3.23. Chowk 

Means a fully or partially enclosed space permanently open to the sky within a building at any level; an “Inner chowk” being enclosed on all sides and an “Outer chowk” having one unclosed side. 

3.24. Authority 

Means the Authority appointed by the Government for the UT of Dadra & Nagar Haveli and shall include any other office or officers to whom the duties and functions of the Authority may be assigned. 

3.25. Combustible  

Means that material which when burnt adds heat to a fire when tested for combustibility in accordance with the IS: 3808 1979 method of Test for Combustibility of Building Materials and/or as per National Building Code of India

2005 (Latest additions of such standard as applicable from time to time. 

3.26. Construction Engineer 

Means a person holding a Degree in Civil Engineering or Construction Management recognized by AICTE with three years experience in construction or Diploma in Civil Engineering with 7 years experience in construction. 

3.27. Convenient shopping 

Means shops, each with a carpet area not exceeding 35sq.m except where otherwise indicated and comprising those dealing with day to day requirements 

3.28. Contiguous holding 

Means a continuous piece of land in single ownership irrespective of separate property register cards/possession receipts of plots. 

3.29. Compliance 

Means the verification of properties of construction materials based on test data and verification of the strength and structural adequacy for various components of building and structures 

3.30. Corridor 

Means a common passage of circulation space including a common entrance hall 

3.31. Courtyard 

Means a space permanently open to the sky within the site around a structure. 

3.32. Dharamshalas 

Means a building used as a space or religious assembly, a rest house, a place in which charity is exercised with religious or social motive or a lace wherein a certain sanction of people have right or are granted residence without payment or on nominal payment. 

3.33. Damp proof course 

Means course consisting of some appropriate water proofing material provided to prevent penetration of dampness of moisture. 

3.34. Detached Building 

Means a building whose walls and roofs are independent of any other building with open spaces on all sides. 

3.35. Drain 

Means a system or a line of pipes, with their fittings and accessories which are manholes, inspection chambers, traps, gullies, and floor traps used for drainage of buildings or yards, appurtenant to the buildings within the same cartilage.  A drain includes an open channel or conveying surface water or a system for the removal of any liquid. 

3.36. Developers 

Person(s) who develops agricultural/ Non agricultural land for the purpose of establishing an industrial /Residential /Commercial complexes etc. 

3.37. Enclosed staircase 

Means a staircase separated by fire resistant walls and doors from the rest of the building. 

3.38. Escape route 

Means any well ventilated corridor, staircase or other circulation space, or any combination of the same, by means of which a safe place in the open air at ground level can be reached. 

3.39. Existing building 

Means the use of a building or a structure existing before the commencement of these Regulations 

3.40. Existing use 

Means use of a building or structure existing before the commencement of these regulations 

3.41. Exit 

Means a passage, channel or means of egress from any building, storey of floor area to a street or other open space of safety; horizontal, outside and vertical having meanings at (i), (ii) & (iii) respectively as under: 

i. Horizontal exit means an exit which is a protected opening through or around a fire wall or a bridge connecting two or more buildings. 

ii. Outside exit means an exit from a building to a public way, to an open area leading to a public way or to an enclosed fire resistant passage leading to a public way. 

iii. Vertical exit means an exit used for ascending or descending between two or more levels, including stairways, smoke-proof towers ramps, escalators and fire escapes. 

3.42. External wall 

Means an outer wall of a building not being a partition wall, even though adjoining a wall of another building; and also means a wall abutting on an interior open space of any building 

3.43. Fire and/or emergency alarm system 

Means an arrangement of call points or detectors, sounders and other equipment for the transmission and indication of alarm signals working automatically or manually in the case of fire or other emergency 

3.44. Fire lift 

Means a special lift designed for the use of fire service personnel in the event of fire or other emergency.  

3.45. Fire proof door 

Means a door or shutter fitted to a wall opening, and constructed and erected with the requirement to check the transmission of heat and fire for a specified period. 

3.46. Fire Pump 

Means a machine, driven by external power for transmitting energy to fluids by coupling the pump to a suitable engine or motor, which may have varying outputs/capacity but shall be capable of having a pressure of 3.2 kg/cm2 at the topmost level of a multi-storied or high rise building 

3.47. Booster fire pump 

Means a mechanical/electrical device which boost up the water pressure at the top level of a multistory high rise building and which is capable of a pressure of 3.2 kg/cm2 at the nearest point 

3.48. Fire resistance 

Means the time during which a fire resistant material i.e. material having a certain degree of fire resistance, fulfills its function of contributing to the fire safety of a building when subjected to prescribed conditions of heat and load or restraint.  The fire resistance test of structure shall be done in accordance with IS: 3809-1979 (or last edition as applicable from time to time) Fire Resistance Test for Structure. 

3.49. Fire separation 

Means the distance in meter measured from any other building on the site from another site, or from the opposite side of a street or other public space to the building 

3.50. Fire service inlet Means a connection provided at the base of a building for pumping up water through-in-built fire fighting arrangements by fire service pumps in accordance with the recommendations of the Chief Fire

Officer or any authorized officer. 

3.51. Fire tower 

Means an enclosed staircase which can only be approached from the various floors through landings or lobbies separated from both the floor area and the staircase by fire-resistant doors and open to the outer air 

3.52. Floor 

Means the lower surface in a storey on which, one normally walks in a building and does not include mezzanine floor.  The floor at ground level with a direct access to a street or open space shall be called the ground floor; the floor above it shall be termed as floor 1, with the next higher floor being as floor 2, and so on upwards. 

3.53. Floor space index (FSI) 

or Floor Area Ratio (FAR) means the quotient of the ratio of the combined gross covered area (plinth area) on all floors, excepting areas specifically exempted under these Regulations, to the total area of the plot viz; Total Built up area on all floors /Total Plot area 

3.54. Footing 

Means a foundation unit constructed in brick work or stone masonry or concrete under the base of a wall or column for the purpose of distributing the load over a large area 

3.55. Foundation 

Means that part of the structure which is in direct contact with and transmitting loads to the ground 

3.56. Gallery 

Means an intermediate floor or platform projecting from wall of an auditorium or a hall, providing extra floor area, and/or additional seating accommodations.  It also includes the structures provided for seating in stadia. 

3.57. Garage –Private 

Means a building or a portion thereof designed and used for the parking of vehicles. 

3.58. Garage –Public 

Means a building or a portion thereof designed other than as a private garage, operated for gain, designed and/or used for repairing, servicing, hiring, selling or storing or parking motor-driven or other vehicles. 

3.59. Gaunthan or Village Site 

Means the lands included within the site of a village at the commencement of the Dadra and Nagar Haveli Land revenue Regulation in accordance with any survey, custom or usage or which may be declared as included within the site of village in accordance with the provisions of the said Regulation. 

3.60. Geo-Technical Engineer 

Means a person holding BE Civil Engineering in Soil mechanics or Geo technical engineering with 3 years experience. 

3.61. Group Housing Society: 

Means in a building/ plot where more than 11 houses are constructed and are having a common road with common spaces, open areas and have formed a society or association and are maintaining the common amenities together by contributing a sum as decided by the governing body of the society 

3.62. Habitable room 

Means an occupied room, but excluding a bath-room, water closet, compartment, laundry, serving and storing pantry, corridor, cellar, attic, store-room, pooja-room and space not frequently used. 

3.63. Hazardous material 

Means – i. Radioactive substances ii. which is highly combustible or explosive and /or which may produce fume or explosive emanations or storage, handling, processing or manufacturing of which may involve highly corrosive, toxic or noxius alkalis or acids or other liquids; iii. other liquids or chemicals producing flame, fumes, explosive, poisonous, irritant or corrosive gases or which may produce explosive mixture of dust or fine particles capable of spontaneous ignition. 

3.64. Height of a building 

Means the vertical distance measured, in the case of flat roofs, from the average level of the ground excluding stilt height to the terrace of last livable floor of the building adjacent to the external walls.  Excluding the height of parapet wall, headroom, lift room, water tank and architectural features.  And in the case of pitched roofs, up to the point where the external surface of the outer wall intersects the finished surface of the sloping roof, and, in the case of gables facing the road, the mid-point between the eaves level and the ridge. Architectural features serving on other functions except that of the decorations shall be excluded for the purpose of taking heights.  If the building does not abut a street, the height shall be measured above the average level of the ground around and contiguous to the building.

Explanation: Height in the above regulation, shall be measured from the road level/plot level whichever is higher, to the highest point in the building, excluding the parapet height not exceeding 1.5m. 

3.65. Height of a room 

Means the vertical distance measured from the finished floor surface to the finished ceiling /slab surface.  The height of a room with a pitched roof means the average height between the finished floor surface and the bottom of the eaves and the bottom of the ridge. 

3.66. High Rise Building:   

Means all the buildings which are 15 metres and above in height excluding the height of the stilt as already specified in Clause 3.13.13.  

3.67. Hearing Disabilities:   

Deafness or hearing handicaps that might make an individual insecure in public areas because he/she is unable to communicate or hear warning signals. 

3.68. Home occupation 

Means customary home occupation other than the conduct of an eating or a drinking place offering services to the general public, customarily carried out by a member of the family residing on the premises without employing hired labour, and for which there is no display to indicate from the exterior of the building that it is being utilized in whole or in part for any purpose other than a residential or dwelling use, and in connection with no article or service is solid or exhibited for sale except that which is produced therein, which shall be non-hazardous and not affecting the safety of the inhabitants of the building and the neighborhood, and provided that no mechanical equipment is used except that as is customarily used for purely domestic or household purposes and/or employing licensable goods.  If motive power is used, the total electricity load should not exceed 0.75KW. “Home Occupation” may also include such similar occupations as may be specified by the Authority and subject to such terms and conditions as may be prescribed. 

3.69. Integrated Township  

Means development of land admeasuring minimum 20 Ha at one place, contiguous, unbroken and uninterrupted for predominantly residential purpose with adequate provision for physical and social infrastructure as prescribed under these rules.   

3.70. Ledge or “Tand” 

Means a shelf-like projection supported in any manner, except by vertical supports, within a room itself but with a projection of more than half a meter. 

3.71. Licensed Builder /Contractor 

Means who is registered with the Authority to build in the limits of the Authority 

3.72. Licensed Surveyor /Engineering /Structural Engineer /Supervisor 

Means a qualified surveyor or engineer, or supervisor, licensed by any planning authority or any State Government or by the Administration of Daman, Diu and Dadra & Nagar Haveli 

3.73. Lift 

Means a mechanically guided car, platform, or transport for persons and materials between two or more levels in a vertical or substantially vertical direction 

3.74. Loft 

Means an intermediate floor between two floors or a residual space in a pitched roof above normal level constructed for storage 

3.75. Masonry 

Means an assemblage of masonry units properly bound together by mortar. 

3.76. Masonry unit 

Means a unit whose net cross-sectional areas in very plane parallel to the bearing surface is 75 per cent or more of its gross cross-sectional area measured in the same plane.  It may be clay, brick, stone, concrete block or sandlime brick. 

3.77. Mezzanine floor 

Means an intermediate floor not being a loft, between the floor and ceiling of any storey 

3.78. Municipal Council:   

Any Urban Local Body formulated under the DNH Municipal Regulations. 

3.79. Natural Hazard 

The probability of occurrence, within a specific period of time in a given area, of a potentially damaging natural phenomenon 

3.80. Natural Hazard Prone Areas: 

Areas likely to have moderate to high intensity of earthquake, or cyclonic storm, or significant flood flow or inundation, or landslides /mud flows /avalanches, or one or more of these hazards. Note:  Moderate to very high damage risk zones of earthquakes are as shown in Seismic Zones III, IV and V specified in IS: 1893; moderate to very high damage risk zones of cyclones are those areas along the sea coast of India prone to having wind velocities of 30 m/s or more as specified in IS875 (Part 3 and flood prone areas in river plains (unprotected and protected) are indicated in the Flood Atlas of India prepared by the Central Water Commission

3.81. Non-ambulatory Disabilities: 

Impairments that, regardless of cause or manifestation, for all practical purposes, confine individuals to wheel chairs.  

3.82. Non-combustible  

Means not liable to burn or add heat to a fire when tested for combustibility in accordance with the IS3808-1979 (or latest edition) Method of Test for NonCombustibility of Building Materials 

3.83. Occupancy or Use 

Means the principal occupancy or use for which a building or a part of it is used or intended to be used, including contingent subsidiary occupancies; mixed occupancy buildings being those in which more than one occupancy are present-in-different portions of the buildings. 

3.84. Open Space 

Means an area forming an integral part of a land left permanently open to the sky 

3.85. Planning and Development Authority  

Means the Authority formed under Section 18 of the T&CP Act of DNH. 

3.86. Lessee: 

In respect of any area/ plot/building where a lease deed has been executed in favor of its allottee. 

3.87. Grantor: 

Means in respect of “Industrial Area” means where Administration of Dadra and Nagar Haveli has executed the Agreement to Lease or License in favor of its allottee. 3.88. Licensee: In respect of “Industrial Area” means the allottee in favour of whom Administration of Dadra and Nagar Haveli has executed Agreement to Lease. 

3.89. N.A Permission 

Means permission granted under Land Revenue Regulation by the Authority to use any agricultural land for non-agricultural purpose. 

3.90. Organized Development  

Means development of land admeasuring 2.5ha or more carried out by or under the overall control of a single agency in accordance with a proper sub-division plan or layout of buildings with adequate provision of infrastructural facilities, such as, roads, storm water drainage, sewerage, water supply, power supply, etc. as specified by these Rules, and may involve consolidation of adjoining land parcel into a large plot. 

3.91. Owner 

Means  a person who receives rent for the use of the land or building or would be entitled to do so if it were let, and includes:- i. an authorized agent or trustee who receives such rent on behalf of the owner; ii. a receiver, executor or administrator, or a manager appointed by any court of competent jurisdiction to have the charge of or to exercise the rights of the owner; iii. an agent or trustee who receives the rent of or is entrusted with or is entrusted with or is concerned with any building devoted to religious or charitable purposes; and iv. A mortgage in possession. 

3.92. Parapet 

Means a low wall or railing built along with edge of roof or a floor. 

3.93. Parking space 

Means an enclosed or unenclosed, covered or open area sufficient in size to park vehicles.  Parking spaces shall be served by a driveway connecting them with a street or alley and permitting ingress or egress of vehicles. 

3.94. Partition 

Means an interior non-load bearing divider one storey or part storey in height 

3.95. Permission 

Means a valid permission or authorization in writing by the competent authority to carry out development or a work regulated by the Regulations 

3.96. Plinth 

Means the portion of a structure between the surface of the surrounding ground and surface of the floor immediately above the ground 

3.97. Plinth area 

Means the built-up covered area measured at the floor level of the basement or of any storey whichever is larger. 

3.98. Plot 

Means a contiguous parcel or piece of land enclosed by definite boundaries 

3.99. Plot - Corner 

Means a plot at the junction of and fronting on two or more roads or streets 

3.100. Plot Depth 

Means the mean horizontal distance between the front and rear plot boundaries 

3.101. Plot with double frontage 

Means a plot having a frontage on two streets other than a corner plot 

3.102. Porch 

Means a covered surface supported on pillars or otherwise for the purpose of a pedestrian or whether approach to a building. 

3.103. Planning Brief 

Means a statement by the Planning Authority specifying mandatory and optional planning requirements relating to the land for which Organized Development is proposed. 

3.104. Retrofitting 

Means upgrading the strength of an unsafe building by using suitable engineering techniques.

3.105. Road /Street 

Means any highway, street, lane, pathway, alley, stairway, passageway, carriageway, footway, square, place or bridge over which the public have a right of passage, whether existing or proposed and includes all bunds channels, ditches, storm water drains, service corridors for sewage lines, /electric lines, culverts, sidewalks, traffic islands ,road side trees and hedges, retaining walls, fences, barriers and railings. 

3.106. Road /Street –level or grade 

Means the officially established elevation or grade of the centre line of the street upon which a plot fronts, and if there is no officially established grade, the existing grade of the street at its mid-point. 

3.107. Road /Street line 

Means the line defining the side limits of a road /street 

3.108. Road width or “Width of road /street” 

Means the whole extent of space within the boundaries of a road measured at right angles to the course or intended course of direction of such road. 

3.109. Row housing 

Means a row of houses with only front, rear and interior open spaces 

3.110. Semi-ambulatory Disabilities  

Impairments that cause individuals to walk with difficulty or insecurity. Individuals using braces or crutches, amputees, arthritis, spastics, and those with pulmonary and cardiac ills may be semi-ambulatory. 

3.111. Service road 

Means a road/lane provided at the front, rear or side of a plot for service purpose. 

3.112. SEZ Act  

Means the Special Economic Zone Act, 2005, enacted by the Central Government and its revisions from time to time 

3.113. Sight Disabilities  

Total blindness or impairments affecting sight to the extent that the individual, functioning in public areas, is the insecure or exposed to danger 

3.114. Special Economic Zone (SEZ)  

Means geographical area notified as Special Economic Zone by Govt. of India under the SEZ Act, 2005.  

3.115. Special Building 

Means buildings housing large gathering at a time such as cinemas, theaters, meeting halls, assembly halls, lecture halls, town hall and the like. 

3.116. Smoke-stop door 

Means a door for preventing or checking the spread of smoke from one area to another

3.117. Stair-cover 

Means a structure with a covering roof over a staircase and its landing built to enclose only the stairs for the purpose of providing protection from the weather, and not used for human habitants 

3.118. Storey 

Means the portions of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it then the space between any floor and the ceiling next above it. 

3.119. Structural Engineer 

Means a person holding BE Civil Engineering with minimum 10 years experience in structural design work or ME structural engineering / earthquake or Ph.D in Structural Engineering with 3 years experience. 

3.120. Structural Safety  

Means structural safety provision as contained in these bye-laws or in NBC – 2005 (or latest) and relevant BIS standards related to safety. 

3.121. Chief/Superintending Engineer, Chief/Senior/Associate Town Planner, Executive Engineer, Deputy Engineer 

Means respectively the Chief/Superintending  Engineer, Chief/Senior/Associate Town Planner, Executive Engineer and Deputy Engineer, appointed by the Administration and shall include any other officer or officers to whom the duties or functions of the Chief/Superintending Engineer, Chief/Senior/Associate Town Planner; the Executive Engineer or the Deputy Engineer, may, for the time being be assigned. 

3.122. Tenement 

Means an independent dwelling unit with a kitchen or a cooking alcove 

3.123. Theatre 

Means a place of public entertainment for the purpose of exhibition of motion pictures and or dramas and other social or cultural programmes 

3.124. Tower-like-structure 

Means a structure in which the height or the tower-like-portion is at least twice that of the broader base. 

3.125. Town Planner  

Means a person who is a member of the Institute of Town Planners, India (ITPI) 

3.126. Travel distance 

Means the distance from the remotest points on a floor of a building to a place of safety be it a vertical exit or a horizontal exit or an outside exit measured along the line of travel. 

3.127. “Volume to plot area ratio (VPR)”  

Means the ratio of volume of building measured in cubic metres to the area of plot measured in square metres and therefore expressed in metres (which means length x breadth x height (in mts) of the building / Area of the Plot(in sq.mts)) 

3.128. Water closet (W.C) 

Means a privy with an arrangement for flushing the pan with water, but does not include a bathroom. 

3.129. Water course 

Means a natural channel or an artificial channel formed by training or diversion of a natural channel meant for carrying storm and waste water. 

3.130. Water Course, Major  

Means a water course which carries storm water discharging from a contributing area of not less than 100 hectares, the decision of the PDA/ Authority on the extent of the contributing area being final.  A minor water course is one which is not a major one. 

3.131. Wheel Chair 

Chair used by disabled people for mobility. The standard size at wheel chair shall be  taken as  a. Small Wheel Chair: 750 mm. X 1050 mm as per ISI. b. Large Wheel Chair:  800 mm. X 1500 mm 

3.132. Window

Means an opening, other than a door, to the outside of a building, which provides all or part of the required natural light, ventilation or both to an interior space Note:  Wherever there is conflict between definitions

given in these Rules above and the definition given by National Building Code 2005, the definition given in the National Building Code’ 2005 shall prevail. Further where any definition not mentioned above, the meaning as mentioned in the National building Code shall only be applicable  

4. APPLICABILITY  

4.1. Development and Construction: 

Except and as hereinafter otherwise provided, these rules shall apply to all development, redevelopment, erection and/or re-erection, structural changes of a building, change of user (subject to the condition that there is a deviation from the original approved plan) etc., as well as to the design, construction or reconstruction of, and additions & alterations to a building. 

4.2. Part construction: 

Where the occupancy of a building is changed except where otherwise specifically stipulated, these rules apply to all parts of the building affected by the change. 

4.3. Change of Occupancy: 

Where the occupancy of the building is changed except where otherwise specifically stipulated, these rules shall apply to all parts of the building affected the change. 

4.4. Reconstruction: 

The reconstruction in whole or part of a building which has ceased to exist due to an accidental fire, earth quake, natural collapse or demolition, having been declared unsafe, or which is likely to be demolished. 

4.5. Exclusion: 

Nothing in these rules shall require the removal, alteration or abandonment or prevent the continuance of the lawfully established use or occupancy of an existing building or its use unless, in the opinion of the Authority, such a building is unsafe or constitutes a hazard to the safety of adjacent property.   

5. DEVELOPMENT PERMISSION AND COMMENCEMENT CERTIFICATE 

5.1. No person shall, on or after these Rules come into force, carry out any development of any land without obtaining permission under these rules.  Such permission will not absolve the applicant of his obligation to obtain permissions for development under other applicable laws. 

5.2. No authority shall grant a permission or No Objection Certificate (NOC) for any development otherwise than in conformity with these Rules. 

5.3. No development of any land shall be permitted unless the owner undertakes to provide at his own cost infrastructure facilities, such as, roads, water supply, sewage disposal system, solid waste collection and disposal system, electricity, recreational open space, playground, etc. as, in the opinion of Government, may be reasonably required for the development proposed, and also provide for land required for educational, health and other civic facilities as may be specified by Government

5.4. Where the Administration decides to provide and/or maintain any of the aforesaid infrastructure facilities and/or for the purpose of widening of roads, laying of sewer lines, drainage lines etc. the owner shall surrender to the Government or any other agency nominated by it, free of cost the land required for such facilities as per the procedure laid in Annexure 1. 

5.5. No development which is not in conformity with these rules shall be permitted in spite of the fact that, on or prior to coming into force of these Rules, the land was converted (in Revenue records) as non-agricultural land, but in respect of which no valid development permission existed or where no development specified in the N.A. permission was carried out. 

5.6. All existing authorized developments which are not in conformity with the use provisions of the Outline Development Plan shall be allowed to continue subject to the condition mention in Clause 5.5 and an authorized permission has been obtained and the construction activity has been undertaken as per the approved plan.   

5.7. However, no permission shall be necessary for the following works: 

a) The carryout out of works in compliance with any order or direction made by any authority under any law for the time being in force.

b) The carrying out of works by any authority in exercise of its powers under any law for the time being in force.

c) The following operation of government whether temporary or permanent which is necessary for the operation, maintenance, development or execution of any of the following services may be exempted from the purview of the bye laws:

 i. Railways

ii. National Highways;

iii. National Waterways;

iv. Major ports;

v. Airways and aerodromes;

vi. Posts and telegraphs, telephones, Wireless, broadcasting etc.

vii. Regional grid for electricity;

viii. Any other service which the administration may, if it is of opinion that the operation, maintenance, development or execution of such work is essential to the life of the community, by notification declare to be a service for the purpose of this clause. 

5.8. Necessity of obtaining permission:

No person shall erect or re-erect a building or alter any building or carry out any development or redevelopment, on any plot or land or cause the same to be done without first obtaining separate development permission and a commencement certificate from the Authority or any authorized officer for the said purpose. 

5.9. Permission for temporary construction: 

No temporary construction shall be permitted, without obtaining prior approval of the Authority or any authorized officer for the said purpose who may grant such permissions subject to such conditions as may be deemed necessary. 

5.10. Pre-Code Building Permit: 

If any building permit which has been issued before commencement of the code is not wholly completed within a period of three years from the date of such permit subject to the conditions stipulated at clause 5.5 and 5.6 above, the said permission shall be deemed to have lapsed and fresh permit shall be necessary which shall be in accordance to the land use stipulated in ODP 2031 and in accordance with the provision of this code   . 

5.11. Applicability to partially completed works: 

In case of partially completed works, which were started with due permission before the date of enforcement of these rules, the Authority may not necessarily insist on compliance with the provisions of these rules for extending the period of the development permissions, which shall not exceed three years. 

6. PROCEDURE FOR OBTAINING BUILDING PERMIT AND COMMENCEMENT CERTIFICATE 

6.1. No Application for Building permit shall be necessary for the following alterations provided they do not violate any of the provisions regarding general building requirements, structural stability and fire safety requirements specified in these regulations: 

i. providing or closing of a window, door or ventilator not opening towards other’s property; 

ii. Providing of intercommunication doors; construction of parapet walls between 1.05m to 1.2m. Height; and boundary walls in accordance with these regulations. 

iii. While washing and painting; replacing fallen bricks, stones, pillars and beams etc

 iv. Re-tiling and re-terracing; plastering and patch work; flooring:

v. Construction of chajjas;

vi. Renewal of roof at the same height;

vii. Re-construction of portions of buildings damaged by any natural calamity to the same extent as previously approved; and

viii. Erection and re-erection of internal partitions. 

6.2. Notice to erect, re erect or Alter 

Every person who intends to carry out any development work, erect, re-erect, or make material alteration in any place in a building shall give notice in writing to the Authority of said intention in the prescribed form through Building Permission Application Management System (BPAMS) and such notice shall be accompanied by plans and statements as per the checklist along with Form of Supervision as per the format at Annexure 3 along with Undertaking from the Architect and Structural Engineer in the prescribed format at Annexure 4 and 5 and an form of compliance of this regulations in Annexure 6.   One set of such plans shall be retained in the office of the authority granting such permission, for record after the issue of permit of refusal and other documents as listed below. 

6.3. Copies Plans and Statements: 

Normally, three copies of plans and estimates shall be submitted with the notice. In case of building/schemes, where the clearance is required from agencies like Fire Service etc. additional number of copies of plans as may be required shall be decided by the Authority. 

6.4. Information Accompanying Notice: 

The notice shall be accompanied by “the documents” as may be prescribed by the Authority in form of a check list [Refer Annexure 7] 

6.5. Coloring notations for plans: 

The plans shall be colored as specified in Error! Reference source not found., and further, the prints of the plans shall be on one side of the paper only. 

6.6. Dimensions:

All dimensions shall be indicated in metric units. 

Table 1 : Coloring of Plans

S.
No.
Item Site Plan Building Plan
    White Plan Blue Print Ammoni a
Print
White Plan Blue Print Ammonia Print
1 Plot lines Thick Black Thick Black Thick Black Thick Black Thick Black Thick Black
2 Existing Street Green Green Green - - -
3 Future Street if any Green Dotted Green Dotted Green Dotted - - -
4 Permissible Bldg. Line Thick dotted black Thick dotted black Thick dotted black - - -
5 Open spaces No colour No colour No colour No colour No colour No colour
6 Existing  Work Black outline White Blue Black White Blue
7 Work  proposed to                    be
demolished
Yellow hatched Yellow hatched Yellow hatched Yellow hatched Yellow hatched Yellow hatched
8 Proposed work* Red filled in Red Red Red Red Red
9 Drainage         &
Sewerage
Red
dotted
Red
dotted
Red
dotted
Red
dotted
Red
dotted
Red dotted
10 Water     Supply work Black dotted thin Black dotted thin   Black dotted thin Black dotted thin Black dotted thin

6.7. Key plan (or Location Plan): 

A key plan drawn to scale of not less than 1:4000, shall be submitted along with the applications for a Building Permit and Commencement Certificate showing the boundary locations of the site with respect to neighborhood landmarks. 

6.8. Site Plan: 

The site plan sent with an application for permit shall be drawn to a scale of not less than 1:1000 and shall show: 

a) The boundaries, giving the dimensions of the site and of any contiguous land;

b) The position of the site in relation to neighboring street;

c) The name of the streets(s) in which the building is proposed to be situated, if any;

d) All existing buildings standing on, over or under the site;

e) The position of the buildings, and of all other buildings (if any) which the applicant intends to erect upon his contiguous land referred to in

(a) in relation to the boundaries of the site and

(b) in case where the site has been partitioned the boundaries of the portion in possession of the applicant and also of the portions in possession of others, all adjacent street/s, building (with number of storey and height) and premises within a distance of 30 m. of the site and of the contiguous land (if any) referred to in(a)

 f) The means of access from the street to the building and to all other buildings (if any) which the applicant intends to erect upon his contiguous land referred to in (a);

g) Space to be left about the building to secure a free circulation of air, admission of light and access for scavenging purposes

 h) The width of the street (if any) in front of the building, at the side or rear of the building (if any).

i) The direction of north point relative to the plan of the building(s)

 j) Any existing physical features, such as wells, drains, trees etc.

k) The ground area of the whole property and the break-up of covered area on each floor with the calculations for percentage covered in each floor in terms of the total area of the plot as required under bye-laws governing the coverage of the area;

l) Overhead electric supply line, drainage and water supply line; m) Such other particulars as may be prescribed by the Authority. 

6.9. Building Plan: 

The plans of the buildings, elevations and sections accompanying the notice shall be drawn to a scale of not less than 1:100.  The building plan shall:- 

a) Include floor plans of all floors together with the covered area clearly indicating the sizes of rooms and the position and width of staircases, ramps and other exit ways, lift wells, lift machine room and lift pit details.  It shall also include ground floor plan as well as basement plans and shall indicate the details of parking space provided around and/or within building also the access ways and the appurtenant open spaces with projections in dotted lines, distance from any building existing on the plot in figured dimensions along with accessory building. 

b) Show the use or occupancy of all parts of the building.

c) Show exact location of essential services, for example, WC, sink, bath and the like;

d) Include sectional drawings showing clearly the sizes of the footings, thickness of basement wall, wall construction, size and spacing of framing members, floor slabs and roof slabs with their materials.  The section shall indicate the heights of buildings and rooms and also the height of the parapet; and the drainage and the slope of the roof.  At least one section should be taken through the staircase provided further that the structural plan giving details of all structural elements and materials used along with structural calculations could be submitted separately but in any circumstances before the issue of the building permit/commencement certificate.

e) Give dimensions of all doors, windows and ventilators; and calculation at percentage ventilation on each floor.

f) Show all street elevations;

g) Give dimensions of the projected portions beyond the permissible building lines, if any

 h) Include terrace plan indicating the drainage and the slope of the roof

 i) Give indications of the north point relative to the plan and

j) Such other particulars as may be prescribed by the Authority. 

6.10. Building plans for multi-storey /special buildings: 

For multi-storey buildings which are more than 15m in height and for special buildings like assembly, Institutional, industrial, storage and hazardous and mixed occupancies with any one of the aforesaid occupancies having area more than 500 sq. metres, the following additional information shall be furnished & indicated in the Building Plan in addition to the items (a) to (j) of regulation 6.10 

a) access to fire appliances /vehicles with details of vehicular turning radius and clear motor able access way around the building:

b) Size/width of main and alternative staircases along with balcony approach, corridor ventilated lobby approach.

c) Location and detail of lift enclosures;

d) Location and size of fire lift;

e) Smoke stop lobby/door, where provided;

f) Refuse chutes, refuse chamber, service duct etc.

g) Vehicular parking spaces;

h) Refuse area, if any

i) Details of Building Services such as Air conditioning system with position of fire dampers, mechanical ventilation system, electrical services, boilers, gas pipes etc.j) Details of exits including provisions of ramps etc. for hospitals and special risks;

k) Location of generator, transformer and switch gear room

 l) Smoke exhauster system, if any;

m) Details of fire alarm system net work;

n) Location of centralized control, connecting all fire alarm system built in fire protection arrangements and public address system etc;

o) Location and dimensions of static water storage tank and pump room along with fire service inlet or wet-riser and water storage tank.

p) Location and details of fixed fire protection installations such as sprinklers, wetrisers, hose reels, drenchers, Carbon-dioxide (CO2) installation etc. and

q) Location and details of first aid & fire fighting equipments /installations. 

6.11. Service Plan 

Plans, elevations and sections of water supply, sewage and effluent disposal system and details of building services, where required by the Authority, shall be made available on a scale not less than 1:100 

6.12. Signing the Plans 

a) All the plans and statements regarding the proposed work shall be prepared by licensed Architect /Engineer /Structural Engineer /Supervisor as the case may be and shall be signed by the owner/applicant and licensed technical personnel who shall indicate the name, address and license number allotted by the Authority with whom he is registered. 

b) The layout plans or sub-division schemes, shall be prepared and duly signed by a qualified Town Planner who shall be a Member of the Institute of Town Planner, India (ITPI).However this clause may not be applied to manufacturing industrial units. 

6.13. Charges for Stacking of Building Materials on Public Roads 

The stacking of building materials, sand debris on public roads, highways shall be prohibited except with special permission of the Authority. Where such permission has been granted, the license fee for depositing building materials and debris on public roads, highways etc. shall be as follows:- 

Table 2 : Charges for stacking building materials on public road

(a)  For    construction
Detached building residential
Rs.5/- per Sq.m of plot size per week.
(b) For     construction
complex
Rs.10/- per Sq.m of plot size per Week.
(c)  For construction of non-residential building Rs.10/- per Sq.m of plot size per week
(d) For       Government       /Semi-govt
/Public Sector undertakings.
Special rates as notified by the Authority with the approval of the Administrator.

Note: The stacking of materials would be permitted till the completion of the building.  If after completion of the building, in the opinion of the Authority certain material have not been cleared or left in stage of causing annoyance or inconvenience, the Authority shall take necessary actions against the owner/applicant and any cost incurred in the removal of such material, which has been carried out by the Authority, shall be recovered from the owner /applicant. 

7. PROCESSING OF THE DEVELOPMENT PERMISSION APPLICATIONS 

7.1. Scrutiny Fee: 

Every application submitted for scrutiny of development proposals submitted by the owner/submission of building plans for approval, scrutiny fee shall be paid by the owner/applicant as indicated below:

a) For the first submission of building plans/Layout Plans etc. within a period of one year i.e., without extension of time limit, and/or within the extended period, duly granted by the Authority the scrutiny fee payable shall be as follows

 i) Upto 1000sq.mt - `500/-

 ii) 1001sq.mt to 2000sq.mt - `1000/-

iii) >2000sq.mt - `1/sq.mt (Rs.One per sq.mt)

 b) Any request /application for re-validation, revision of development proposals, revised building plans/Layout plans etc for approval shall be accompanied by payment of scrutiny fee at the rate of Rs.2/- per Sq.m of proposed built up area and/or total area if it is a layout approval subject to minimum of Rs. 500/-  or Rs.1 per sq.mt whichever is higher. Further, if the built up area is more than 100 Sq.m. the amount so calculated of the built up area shall be rounded to next Rs.10/-. 

7.2. Grant of permission of refusal: 

The Authority may either sanction or refuse to sanction the plans and specifications or may sanction them with such modifications or directions as he may deem necessary and thereupon, he shall communicate his decisions to the person giving the notice accordingly in the form as per the Annexure 8 & 9. On receipt of the application for Development Permission, the Competent Authority after making such inquiry and clearance from such an expert or a panel of experts whenever considered necessary for the safety of building, as it thinks fit may communicate its decisions granting with or without condition or refusing permission to the applicant as per the provision of the Act. 

7.2.1. Obtaining a Deemed Building Permit 

For all residential buildings with a plot area of less than 500 Sq.mtrs., which shall be used for his/her bonafide Residential use only, a certificate issued by an “Architect /Civil Engineer on Record” of the Town & Country Planning Department/Planning & Development Authority certifying that the proposed building complies with the Building Byelaws shall be deemed to be a Building Permit granted by the Authority or any authorized officer for the said purpose and shall be referred to in these Building Byelaws as a “Deemed Building Permit (DBP)”.  The Architect /Civil Engineer shall submit the copy of the Building Plans etc. and other documents specified in this Rules within a period of seven days a copy to the PDA for record.  

7.2.2. Building Permit to Lapse with Change of Ownership 

If the ownership of a plot changes after the applicant has obtained a Deemed Building Permit (DBP) as per Clause 7.2.1,  before the completion of building such a Building Permit shall lapse, regardless of whether building construction has commenced or not.  A Revalidated Building Permit shall be obtained as per the procedure specified in Section 7.2.1 above. 

7.2.3. Listing of Architects / Civil Engineers / Town Planners as Architect / Civil Engineer / Town Planner on Record 
The Town & Country Planning Department shall list Architects, Civil Engineers and Town Planners on Record.  The applications for listing should be made in the format prescribed in Annexure 22. The Minimum Qualification and Competence of the Architect, Civil Engineers and Town Planners on Record shall be as specified in Annexure 23. 

7.2.4. Responsibilities of Persons on Record 

The responsibilities of Persons on Record shall be as follows:

i. Verify ownership records of the plot on which building is proposed. 

ii. Certify that the applicant for the Building Permit is the Owner of the plot for which the Building Permit is applied.

iii. Be the Person on Record responsible for ensuring compliance with all procedural requirements specified in these Building Byelaws.

iv. Scrutinize and verify the architectural design and specifications of the proposed building

v. Certify that the architectural design and specification of the proposed building comply with these Building Byelaws

 vi. Immediately inform the Authority or any authorized officer in writing, if in his opinion, the construction of the building is not being undertaken in accordance with the sanctioned design and specifications.

vii. Inform the Authority or any authorized officer in writing, within 7 working days, if for any reason he is relieved of his responsibilities as the Architect on Record for the building.

viii. The Person on Record shall ensure that there is adequate accessibility available to the proposed site and a certificate regarding the same shall be submitted at the time of submitting the records to the competent authority.  ix. The Person on record shall ensure that the 7/12 extract obtained by the applicant from the Revenue Department shall not be older than thirty days from the date of him/her issuing the Deemed Building Permit. 

7.2.5. Building Permit to Lapse with Change in Persons on Record  

The Architect/Civil Engineer on Record based on whose respective certifications the Building Permit had been issued or granted under Clause

7.2.1, are respectively responsible for ensuring that the construction of the building is in compliance with these Building Byelaws.  After the Building Permit is issued or granted and before the completion of building, If any of the Persons on Record is relieved of his responsibility by the Owner, or, relieves himself of responsibility of the building, the Building Permit shall lapse regardless of whether the construction of the building has commenced or not.  In such an event a Revalidated Building Permit shall have to be obtained. 

7.2.6. Revocation of Building Permit in case of Misrepresentation and Delisting of Person on Record 

The Authority or any authorized officer may revoke a Building Permit if: i. he determines that false statements were made or material facts were misrepresented  ii. The Person on Record, based on whose certification the Building Permit has been granted is de-listed by the Town & Country Planning Department/ Planning and Development Authority. 

7.3. In the case of proposals for development work, if in the opinion of the Authority, the layout of plots, or alignment of the street or access way is not adapted to or would detrimentally affect the layout of development of adjoining lands, the Authority shall require the applicant to alter the layout as deemed necessary. 

7.4. If within ninety days of the receipt of the notice, complete in all respect the Authority fails to intimate in writing to the person who has given the notice his refusal or sanction with or without modifications or direction, the notice with its plans and statements shall be deemed to have been sanctioned, provided that this shall not be construed to authorize any person to do anything on the site of the work in contravention of or against the terms of lease or titles of the land, or against these or any other rules, Bye-laws or ordinance operating on the site of the work.  

7.5. Once the plans have been scrutinized and objections have been pointed out, the applicant giving notice shall modify the plans to comply with the objections raised and resubmit it.  No new objections shall generally be raised when they are resubmitted after compliance of earlier objections.  The Authority shall scrutinize the resubmitted plan and if there be further objections, the plan shall be rejected. 

7.6. Duration of Sanction 

The construction permission at the initial stage will be valid for three years from the date of granting the same.  The Authority may grant further extension if in his/her opinion it is required.  The same extension can be given imposing a fine as prescribed from time to time.  The Authority may also revoke any building permit issued under the provisions of the rules, wherever there has been any false statement or any misrepresentation of material fact in the application on which the building permit was based. In the case of revocation of permit based on false statements, misrepresentation of material fact in the application, no compensation would be paid. 

8. PROCEDURE DURING CONSTRUCTION WORK 

8.1.  Neither the grant of permission nor approval of the drawing and specifications nor inspection by the Authority or Officers authorized by him during erection of the building, shall in any way relieve the applicants of such binding from full responsibility for carrying out the work in accordance with the requirements of these rules. 

8.2. The Authority/authorized officers shall have the power to carry out inspection of the work at various stages to ascertain whether the work is proceeding as per the provision of sanctioned plan. 9. NOTICE FOR

COMMENCEMENT OF WORK 

9.1. Within one year from the date of sanction for building permit, the applicant /owner shall commence the work for which the building permit has been awarded. The owner/applicant shall give notice to the Authority of the intention to start work on the building site in the Proforma given in Annexure 10. The applicant/owner shall commence the work within seven days from the date of receipt of such notice by the Authority. 

9.2. One copy of the detailed working drawing including structural details based on the approved building plan shall be submitted before 7 days of commencement of the construction work at site for information and record.  The applicant will inform the authority the date for commencement of work.

10. DOCUMENTS AT SITE 

10.1. Where tests of any material are made to ensure conformity with the requirements of these rules, record of the test data shall be kept available for inspection during the construction of the building and for such period thereafter as required by the Authority. 

10.2. The person to whom development permission is issued shall during construction keep at site a certified copy of approved drawings and specifications.

11. INTIMATION REGARDING FOUNDATION 

11.1. The owner/Applicant shall intimate in prescribed format given in Annexure 11 duly certified by the Registered Architect and the Structural Engineer to the Authority regarding the depth and level of foundation and the capacity to which the foundation can take the building load.  This will be applicable only for High rise and Special buildings. 

12. CHECKING OF PLINTH COLUMNS UPTO PLINTH LEVEL 

12.1. The owner/applicant shall give notice in prescribed format given in Annexure 12 to the Authority after the completion of work up to plinth level with a view to enable the Authority to ensure that the work is carried out in accordance with the sanctioned plans.  The Authority or any officer authorized by him shall carry out inspection if required within seven days from the receipt of such notice and give them permission, for carrying out further construction work as per sanctioned plans in prescribed format given in Annexure 13. However, if the applicant fails to obtain the plinth certificate and if it is found at a later stage that the construction undertaken is in violation of the plans approved or in total contravention to the DC Rules,  it shall be the sole responsibility of the owner/applicant who has undertaken the work for any consequential events in this regard. 

12.2. In case the building is constructed on stilt, it shall have enough shear walls of required dimensions and strength in the stilted storey so as to ensure almost equal (with variation between + or – 10%) lateral stiffness along both axes to that of the upper floor (including the stiffness contributed by in-fill walls).

13. DEVIATION DURING CONSTRUCTION  

13.1. If during the construction of building, any departure of substantial nature from the sanctioned plans is intended by way of internal or external additions, which violate any provisions regarding general building requirements, structural stability and fire safety requirements of the bye-laws, revised sanction of the Authority shall be obtained.  A revised plan showing the deviations shall be submitted and the procedure laid down for the original plans hereto before shall apply to all such amended plans

14.   COMPLETION CERTIFICATE 

14.1. The owner/applicant, through his licensed architect, engineer, supervisor, as the case may be who has supervised the construction, shall give notice to the Authority, regarding completion of work described in the building permit.  The completion certificate shall be submitted in the Format given in Annexure 14 along with the documents required as per the checklist mentioned in Annexure 7. The application should also be accompanied by a Structural Stability Certificate from the licensed Structural Engineer as per the format at Annexure 15. 

15.  OCCUPANCY CERTIFICATE 

15.1. On receipt of the acceptance of the Architect’s Completion Certificate, the Authority or his authorized officer shall inspect the work and sanction or refuse the occupancy certificate, in the Proforma given in Annexure 16, date of receipt of completion certificate after which period it shall be deemed to have been granted by the Authority for occupation, provided the building has been constructed as per sanctioned plans and it is ensured that temporary structures erected during construction stages are removed.  Where the occupancy certificate is refused, the various reasons shall be quoted for rejecting at the first instance itself.  The Occupancy will be granted only if the applicant satisfies the following criteria. 

i. All temporary structures erected at the time of construction have been removed;

ii. The debris such as sand, stones, bricks, other materials etc. are removed completely and there is a free movement space particularly on the marginal open spaces;

iii. A box culvert at the entry and exit is provided adequately, thereby there is no obstruction to the road side drainage

The above criteria are over and above those conditions imposed in the NA order and the Construction Permission order which also has to be complied before Occupancy Certificate (OC) is granted. 

16. PART OCCUPANCY CERTIFICATE 

16.1. Upon the request of the owner/applicant of the building permit, the Authority may issue a part-occupancy certificate for a building or part thereof, before completion of the entire work as per building permit provided sufficient precautionary measures are taken by the owner/applicant of the building permit to ensure public and health safety.  Further the part of the building for which part–occupancy certificate is applied for shall be complete and conform to all requirements of the Regulations provided the following conditions are fulfilled: 

i. There should not be any deviation from the approved plan on the other buildings that are under construction

 ii. The portion where Part – OC (Occupancy Certificate) is being obtained must be free from any obstructions etc. which may be a hindrance to the use of the said part –building and would also pose a danger to the occupants of the part – building The part occupancy certificate shall be given by Authority subject to the owner/applicant indemnifying the Authority on stamp paper of Rs 20/- as per the Performa given in Annexure 17.  The competent authority can at any time withdraw the Occupancy /Part-Occupancy if any deviation is found and /or any unauthorized construction has been carried out without a valid permission to do so. 

17. AMENDMENTS /MODIFICATIONS   

17.1. Except where same are prescribed in these Rules, the Authority may from time to time add it alter or amend appendices with the approval of the Administrator.

18.  INSPECTION 

18.1. Inspection at various stage- The Authority or the officer authorized may at any time during erection of building or execution of any work or development, make an inspection there of without giving previous notice of his intention to do so. 

19.  UNSAFE  BUILDING 

19.1. All unsafe buildings shall be considered to constitute a danger to public safety, hygiene and sanitation and shall be restored by repairs or demolished or dealt with as otherwise directed by the Authority. 

19.2. Dangerous Structures: 

If it shall at any time appears to the Authority that any structure (including under this expression any building, wall or other structure  and anything affixed to or projecting from any building, wall or other structure) is in a various condition, or likely to fall, or in any way dangerous to any person occupying resorting to or passing by such structure or any other structure or place in the neighbourhood thereof, the Authority may by written notice, require the owner or occupier of such structure to pull down, secure or repair such structure, and to prevent all cause of danger there from.  The Authority may also if he thinks fit, require the said owner or occupier, by the said notice, either forthwith or before proceeding to pull down, secure or repair the said structure, to set up a proper and sufficient hoard or fence for the protection of passers-by and other persons, with a convenient platform and handrail, if there be room enough for the same and the Authority shall think the same desirable, to serve as a footway for passengers outside of such hoard of fence.  

20. UNAUTHORISED DEVELOPMENT  

20.1. In case of works unlawfully carried out and if the Authority and  / or his authorized officer is fully satisfied that the erection of any building or the execution of any such work is unlawful and/or unauthorized without a valid permission or is in violation of the sanctioned plan, from the Competent Authority may by written notice require the person erecting such building or executing such work to stop such erection or work within the period not exceeding three days  from the date of receipt of such notice (Receipt means dispatch of notice either by person or through post or pasting at the site of the construction.)  

20.2. If the erection of work is not stopped within the period specified in the notice given under section 20.1, the Authority  and  / or his authorized officer  may direct that any person directing or carrying on such erection or work shall be removed by any officer of Authority or by police officer or any officer authorized by the Authority from that place where the work is being carried out. 

20.3. After the notice under the section 20.1 is issued for unauthorized construction, the Authority and  / or his authorized officer may take suitable action which may include sealing of the unauthorized buildings, demolition of unauthorized buildings or suitably fine as prescribed in Annexure 18. 

20.4. Power to seal / demolition unauthorized constructions: 

(1) It shall be lawful for the Authority and  / or his authorized officer, at any time, before or after issuing notice under Section 20.1 above, to make an order of sealing / demolition of the unauthorized building in the manner prescribed by the Authority.   

(2) No person shall remove such seal except –  

(a) Under an order made by the Chairman, DNHPDA under sub-section (1); or 

(b) Under an order of an Appellate Tribunal or the Administrator, made in an appeal Mas per the provisions of Section 51 to Section 54 of the Town and Country  Planning Act of Dadra & Nagar Haveli. 

21. ARCHITECTURAL CONTROL 

For the buildings coming up in the important areas or fronting on major roads more than 30m in width or streets or in the case of important monumental buildings or in the proximity to buildings of historical importance; the building schemes may be cleared from the architectural aesthetics point of view.  The Authority shall have powers to frame suitable rules for ensuring the above with the approval of the Administrator. For this the Authority may seek the following information through detailed drawings or models showing the exterior of the building indicating the details on the following:- 

i. Projections, architraves on windows, doors and other openings, weather frames, sub-breakers; galleries, balconies, porches

 ii. Exterior material/finishes used with texture

 iii. Stair rooms and such other constructions on the top of the building which affect the sky line; and 

iv. Details of gates and boundary walls. 

22.  ADDITION TO EXISTING STRUCTURES: 

22.1.  The addition to any existing building or structure shall satisfy the following provision. An addition that is not structurally independent from an existing structure shall be designed and constructed such that the entire structure conforms to the seismic force resistance requirement for new structures unless the following three conditions are complied with: 

1. The addition shall comply with the requirements for new structures; 2. The addition shall not increase the seismic forces in any structural element of the existing structure by more than 5% unless the capacity of the element subject to the increased force is still in compliance with IS:1893, and 3. The addition shall not decrease the seismic resistance of any structural element of the existing structure unless reduced resistance is equal to or greater than that required for new structure. 

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