(Bye laws: 2.7.2 & Bye Law No. 4.25)
TO PROVIDE FACILITATES IN THE PUBLIC BUILDING EXCLUDING DOMESTIC BUILDINGS FOR HANDICAPPED PERSONS
Ambulant Disabled People: Disabled who are able to walk but who may depend on prostheses (Artificial Limbs) orthoses (Calipers), Sticks, crutches or walking aids. Non-Ambulant Disabled People: Disabled people with impairments that confine them to wheelchair. Wheel Chair: Chair used by disabled people for mobility. (i) Size of small wheel chair: 750 x 1050 mm (ii) Size of large wheel chair: 800 x 1500 mm
These bye-laws are applicable to public buildings and exclude domestic buildings. Building which shall provide access to ambulant disable and Non-Ambulant disabled are listed below. Distinction is made for buildings to be designed for the use of large wheel chairs and small wheel chair.
3. Building to be designed for Ambulant Disabled People Higher Secondary School, Conference Hall, Dance Halls, Youth Centres, Youth Clubs, Sport Centres, Sport Pavilions, Boat Club Houses, Ice Rinks, Bowling Centres, Swimming Pools, Police Stations, Law Courts, Courts Houses, Sport Stadiums, Theaters, Concert Halls, Cinemas, Auditorias, Small Offices (the maximum plinth area 1400 sq.mt) Snack Bars, Cafes and banqueting rooms (for capacity above 50 dinners). Note: i) In sport stadiums provisions shall be made for non-ambulant spectators (small wheel chair) ii) @ 1:1000 up to 10,000 spectators and @ 1:2000 for spectators above 10,000. iii) In Theaters, Concert Halls, Cinemas and Auditoria provisions shall be made for non-ambulant spectators (Small Wheel Chairs) @ 1/250 up to 1000 spectators and 1/500 for spectators above 1000.
4. Building to be designed for Non-Ambulant Disabled People: Schools for physically handicapped, cremation, buildings as mentioned in 3, Botanical Gardens, Religious Buildings, Old People Clubs, Village Halls, Day Centers, Junior Training Centres, Post Offices, Banks, Dispensaries, Railway Stations, Shops, Super Markets, and Departmental Stores. Notes: Large wheel chair criteria shall be applicable on ground floors of the following building, post offices, banks, dispensaries, railway station, shops, supermarkets, and departmental stores.
5. Building to be designed for Non-Ambulant People (using small wheel chairs) Public lavatories in Tourist Sports, Clubs Motels, Professional and Scientific Institution, Museum, Art Galleries, Public Libraries, Laborites, Universities, Collage for further Education, Teachers Training Colleges, Technical College, Exhibition Halls Dentist Surgeries, Administrative Department of the Hospitals, Service Stations, Car Parking, Buildings Airports Terminals, Bus Terminals, Factories Employing Handicapped for Sedentary Works, Large Offices, (with plinth area abode 1400 sq.mt.), Tax Offices, Passport Offices, Pension Offices, and Labour Offices, Cafes, Banqueting Rooms and Snack Bars (For capacity above 100 dinners).
6. Buildings Requirements:
6.1 The following building requirements are to be provided for building mentioned above.
6.2 Site Planning
Access path form plot entry and surface parking to building entrance shall be minimum of 1800 mm wide having regular surface without any steps. The parking of vehicles of disabled people two equivalent car spaces (ECS) shall be provided near entrance of 30 m from building entrance.
7. Approach to Plinth Level
- Ramp shall be provided to enter the building, minimum width of ramp shall be 1800 mm with maximum gradient 1:12, length of ramp shall not exceed 9.0 m having 900 mm high hand rail on both sides extending 300 mm on both sides of ramps
- Minimum gap from the adjacent wall to the handrail shall be 50 mm. Entrance landing shall be provided adjacent to ramp with the minimum dimension 1800 X 2000 mm. ? Minimum Clear opening for the entrance door shall be 1000 mm.
- Threshold shall not be raised more than 12 mm.
- For stepped approach size of tread shall not be less than 275 mm and maximum riser shall be 150 mm.
- Height of the riser shall not be more than 150 mm and width of the tread not less than 275 mm, ? Nosing if provided shall not extend beyond 25 mm.
- Maximum number of risers on a flight shall be limited to 12.
Whenever lift is required as per bye-laws, provision of at-least one lift shall be made for Non-Ambulant disabled (using small wheel chairs with the following minimum dimensions of lift).
- Clear internal depth 1090 mm ? Clear internal width 1750 mm
- Entrance door width 910 mm ? A handrail not less 600 mm long at 1000 mm above floor level shall be fixed adjacent to the control panel.
10. Toilets 10.1 One special W.C. in a set of toilet shall be provided for the use of disabled. No additional provision of W.C. is to be made for disabled.
- Size of the W.C. shall depend on the category of disabled for whom it is has been provided.
- All doors in W.Cs shall open outside.
- The type of W.C. shall be European with seat height as 500 mm.
- Handrails, where provided shall have min 25 mm dia.
10.2 Provision of W.Cs in buildings without lift: Provision of special W.C. shall be made on all floors for buildings designed for ambulant disabled persons. For buildings designed for non-ambulant disabled special W.C. shall be provided at Ground Floor. Size of W.C. shall depend on the type of wheel chair used by the disabled.
10.3 Provisions of W.Cs in buildings with lift: Provision of Special W.C. shall be made on all floors. Size will depend on the category of disabled for whom it has been provided.
10.4 Toilet Details
10.4.1 For Toilets Designed for Ambulant Disabled
- The minimum size of W.C. shall be 1075 x 1650 mm with a minimum depth of 1450 mm from entry door 900 mm.
- Long handrail on the side closer to W.C. with a clear width between the handrails shall be 900 mm and height of handrails shall be 800 mm from floor level.
- Minimum size of the clear door opening shall be 780 mm.
10.4.2 For Toilets Designed for Non-Ambulant Disabled Small Wheel Chair The minimum size of W.C. shall be 1350 x 1500 mm with a minimum depth of 1500 mm from entry door. 900 mm long handrail on the side closer to W.C. shall be provided. To provide movement space for wheel chair, W.C. seat shall be fixed towards one side to the opposite adjacent wall. The centerline of W.C. from the adjacent wall shall be 400 mm and minimum 950 mm from the other wall. Minimum size of the clear door opening shall be 780 mm.
10.4.3 For Toilets Designed for Non-Ambulant Disabled Using Large Wheel Chair The minimum size of W.C. shall be 1500 X 1750 with a minimum depth of 1750 mm for entry door. 900 mm long handrail on the side wall closer to W.C. shall be provided. To provided movement space for wheel chair, W.C. seat shall be fixed towards one side of the opposite wall. The centerline of the W.C. from the adjacent wall shall be 400 mm and a minimum of 1100 mm from the other wall. Min. size of clear door opening shall be 860
ANNEXURE – 2
(Bye laws: 2.19)
QUALIFICATION AND COMPETENCE OF PROFESSIONALS
1.1 Essential requirements:-Every building/development work for which permission is sought shall be planned, designed and supervised by registered professionals. The registered professionals for carrying out the various activities shall be (a) Architect, (b) Civil Engineer, (C) Structural engineer, (d) Supervisor, (e) Town Planner, (f) Landscape Architect, (g) Urban Designer, and Utility Service Engineer. Requirements of registration for various professionals by the Authority /Local Body and the Body governing such profession constituted under a statute, applicable to practice within the local body’s jurisdiction. The competence of such registered personnel to carry out various activities is indicated below:-
1.2 Requirements for registration and competence of professionals :
a) Architect: Minimum qualification and experience requirements for architects, for being considered for listing with authorities, as registered architect shall be as follows:
- 1. The architect must hold a valid registration with the council of Architecture, India, issued as per the provisions of the Architects Act, 1972, and
- 2. The Architect must have a minimum of two years of experience in practice of Architecture, after having held a valid registration with the Council of Architecture, India.
Competence: - The registered architect shall be competent to carry out the work related to the building/development permit as given below:
1. All plans and information connected with building permit except engineering services of multistoried/special buildings.
2. Issuing certificate of supervision and completion pertaining to architectural aspects.
3. Preparation of sub- division plans and related information connected with development permit of area up to 1 hectare for metro- cities and 2 hectare of other places.
4. Issuing certificate of supervision for development of land of area up to 1 hectare for metro-cities and 2 hectares for other places.
5. To supervise the construction based on the sanction Building Plan.
b) Civil Engineer: The minimum qualifications for an engineer shall be graduate in civil engineering/architectural engineering of recognized Indian or foreign university, or the Member of Civil Engineering Division/ Architectural engineering or recognized Indian or foreign university, or the Member of Civil Engineering Division/Architectural Engineering Division of the Institution of Engineers (India) or the statutory body governing such profession, as and when established.
Competence: The registered engineer shall be competent to carry out the work related to the building/development permit as given below:
- 1. Supervision of building work as per approved drawings for all buildings.
- 2. Assist architect/planner for certifications of supervision for all buildings.
- 3. Structural details & calculations for buildings up to 11 meters in height.
- 4. Issuing certificate of supervision for development of land of all areas.
c) Structural Engineer: The minimum qualifications for a structural engineer shall be graduate in civil engineering of recognized Indian or foreign university, or Corporate Member of Civil Engineering Division of Institution of Engineers (India), and with minimum 3 years’ experience in structural engineering practice with designing and field work. Note: The 3 years’ experience shall be relaxed to 2 years in the case of post-graduate degree of recognized Indian or foreign university in the branch of structural engineering. In case of doctorate in structural engineering, the experience required would be one year.
Competence: The registered structural engineer shall be competent to prepare the structural details and calculations for all buildings and its supervision as per rules of the Authority.
c) Supervisor: The minimum qualifications for a supervisor shall be 3 year full time diploma in civil engineering or architectural assistantship, or the qualification in architecture or engineering equivalent to the minimum qualification prescribed for recruitment to non-gazetted services by the Government of India plus 5 years’ experience in building design, Construction and supervision.
Competence: The registered supervisor shall be competent to carry out the work related to the building permit as given below:
The supervisor shall be competent to assist Civil Engineers & Architect in supervision of building and development works.
e) Town Planner: The minimum qualification for a town planner shall be the Associate Membership of the Institute of Town Planners or graduate or post-graduate degree in Town and Country Planning.
Competence: The registered town planner shall be competent to carry out the work related to the development permit as given below:
1. Interpretation of provision of the Delhi Master Plan including the applicability of DCR, Planning permit and matter related to obtaining planning permission.
2. Preparation of plans for land sub-division/layout land related information connected with development permit for all areas.
3. Issuing of certificate of supervision for development of land of all areas.
f) Landscape Architect: The minimum qualification for a landscape architect shall be the bachelor or Master’s degree in landscape architecture or equivalent from recognized Indian or foreign university.
Competence: The registered landscape architect shall be competent to carry out the work related to landscape design for building /development permit for land area 5 hectares and above . In case of metro-cities, this limit of land area shall be 2 hectares and above.
Note: - For smaller areas below the limits indicated above, association of landscape architect may also be considered from the point of view of desired landscape development.
g) Urban Designer: The minimum qualification for an urban designer shall be the master’s degree in urban design or equivalent from recognized Indian or foreign university.
Competence: The registered urban designer shall be competent to carry out the work related to the building permit for urban design for land areas more than 5 hectares and campus area more than 2 hectares. She/he shall also be competent to carry out the work of urban renewal for all areas.
Note: - For smaller areas below the limits indicated above, association of urban designer may be considered from the point of view of desired urban design.
h) Engineers for Utility Services: For buildings, the work of building and plumbing services shall be executed under the planning, design and supervision of competent personnel. The qualification for registered mechanical engineer ( including HVAC), electrical engineering and plumbing engineering for carrying out the work of Air-conditioning., Heating and Mechanical Ventilation, Electrical installations, Lifts and Escalators and Water Supply, Drainage, Sanitation and Gas Supply installations respectively shall be as given in Part 8’ Building Services’(NBC-2005) and Part 9 ‘Plumbing Services’ (NBC-2005)or as decided by the Authority taking into account practices of the National professional bodies dealing with the specialist engineering services. i) Further building covered in building bye laws 126.96.36.199scheme relating to the fire protection measures shall be signed by the Fire Engineer/Consultant having following qualification:- Advance diploma in fire engineering from NFSC Nagpur or equivalent/ a pass of graduate ship examination from IFE India or UK/MI (Fire) E, B.E(Fire).
j) Eminent professionals:
1. Eminent Architect: Architect (reference 1.2 (a), having minimum 5 years of Professional experience)
2. Eminent engineer: Engineer (reference 1.2(c ), having minimum 5 year of experience.
3. Eminent Town Planner: Eminent Town planner (reference 1.2 (e), with minimum 5 years of experience and having a background in Architecture (minimum B.Arch.)
ANNEXURE – “3”
(Bye Law No. 2.12.21 & Bye laws 4.26))
1. Conservation of Heritage Sites including Heritage Building, Heritage/ Precincts and Natural Feature Areas. Conservation of Heritage sites shall include buildings, artifacts, structures, areas and precincts of historic, aesthetic, architectural, cultural or environmentally significant (heritage buildings and heritage precincts), natural feature areas of environmental significance or sites of scenic beauty.
1.1. Applicability: This regulation shall apply to heritage sites which shall include those buildings, artifacts, structures, streets, areas and precincts of historic, architectural, aesthetic, cultural or environmental value ( hereinafter referred to as Listed Heritage Buildings/Listed Heritage Precincts) and those natural feature areas of environmental significance or of scenic beauty including but not restricted to, sacred groves, hills, hillocks, water bodies ( and the areas adjoining the same), open areas, wooded areas, points, walks, rides, bridle paths (hereinafter referred to as ‘listed natural feature areas’) which shall be listed in notification(s) to be issued by Government/identified in Master Plan.
(a) “Heritage building” means and includes any building of one or more premises or any part thereof and/or structure and/or artifact which requires conservation and/or preservation for historical and/or environmental and/or architectural and/or artisanary and/or aesthetic and/or cultural and /or environmental and /or ecological purpose and includes such portion of land adjoining such building or part thereof as may be required for fencing or covering or in any manner preserving the historical and/or architectural and/or aesthetic and/or cultural value of such building.
(b) “Heritage precincts” means and includes any space that require conservation and/or preservation for historical and/or architectural and/or aesthetic and/or cultural and/or environmental and/or ecological purpose. Such space may be enclosed by walls or other boundaries of a particular area or place or building or by an imaginary line drawn around it.
(c) “Conservation” means all the processes of looking after a place so as to retain its historical and/or architectural and/or aesthetic and/or cultural significance and includes maintenance, preservation, restoration, reconstruction and adoption or a combination of more than one of these.
(d) “Preservation” means and includes maintaining the fabric of a place in its existing state and retarding deterioration.
(e) “Restoration” means and includes returning the existing fabric of a place to a known earlier state by removing accretions or by reassembling existing components without introducing new materials
. (f) “Reconstruction” means and includes returning a place as nearly as possible to a known earlier state and distinguished by the introduction of materials (new or old) into the fabric. This shall not include either recreation or conjectural reconstruction.
1.2 Responsibility of the Owners of Heritage Buildings: It shall be the duty of the owners of heritage buildings and buildings in heritage precincts or in heritage streets to carry out regular repairs and maintenance of the buildings. The Government, the Municipal Corporation of Delhi or the Local Bodies and Authorities concerned shall not be responsible k for such repair and maintenance except for the buildings owned by the Government, the Municipal Corporation of Delhi or the other local bodies.
1.3 Restrictions on Development /Re-development / Repairs etc.
(i) No development or redevelopment or engineering operation or additions/ alterations, repairs, renovations including painting of the building, replacement of special features or plastering or demolition of any part thereof of the said listed buildings or listed precincts or listed natural feature areas shall be allowed except with the prior permission of Commissioner, MCD, Vice Chairman DD/Chairman NDMC. Before granting such permission, the agency concerned shall consult the Heritage Conservation Committee to be appointed by the Government and shall act in accordance with the advice of the Heritage Conservation Committee.
(ii) Provided that, before granting any permission for demolition or major alterations / additions to listed buildings (or buildings within listed streets or precincts, or construction at any listed natural features, or alternation of boundaries of any listed natural feature areas, objections and suggestions from the public shall be invited and shall be considered by the Heritage Conservation Committee.
(iii) Provided that, only in exceptional cases, for reasons to be recorded in writing, the Commissioner, MCD/Vice Chairman DDA /Chairman NDMC may refer the matter back to the Heritage Conservation Committee for reconsideration. However, the decision of the Heritage Conservation Committee after such reconsideration shall be final and binding.
1.4 Penalties: Violation of the regulations shall be punishable under the provisions regarding unauthorized development. In case of proved deliberate neglect of and/ or damage to Heritage Buildings and Heritage precincts, or if the building is allowed to be damaged or destroyed due to neglect or any other reason, in addition to penal action provided under the concerned Act, no permission to construct any new building shall be granted on the site if a Heritage Building or Building in a Heritage Precinct is damaged or pulled down without appropriate permission from Commissioner, MCD/Vice Chairman DDA/Chairman NDMC. It shall be open to the Heritage Conservation Committee to consider a request for rebuilding/reconstruction of a Heritage Building that was unauthorized demolished or damaged, provided that the total built-up area in all floors put together in such new construction is not in excess of the total built up area in all floors put together in the original Heritage Building in the same form and style in addition to other controls that may be specified.
1.5 Preparation of List of Heritage Sites including Heritage Buildings, Heritage Precincts and Listed Natural Features Areas: Preparation of List of Heritage Sites including Heritage Buildings, Heritage Precincts and Listed Natural Features Areas is to be prepared and supplemented by the Commissioner MCD/ Vice-Chairman DDA/Chairman NDMC on the advice of the Heritage Conservation Committee. Before being finalized, objections and suggestions of the public are to be invited and considered. The said list to which the regulation applies shall not form part of this regulation for the purpose of Building Bye-laws. The list may be supplemented from time to time by Government on receipt of proposal from the agency concerned or by Government suo moto provided that before the list is supplemented, objections and suggestions from the public be invited and duly considered by the Commissioner, MCD/ Vice-Chairman DDA/Chairman NDMC and/or Government and/or Heritage Conservation Committee. When a building or group of building or natural feature areas are listed it would automatically mean (unless otherwise indicated) that the entire property including its entire compound/plot boundary along with all the subsidiary structures and artifacts, etc. within the compound/plot boundary, etc. shall form part of list.
1.6 Alteration/Modification/Relaxation in Development Norms: On the advice of the said Heritage Conservation Committee to be appointed by the Government and for reasons to be recorded in writing, the Commissioner, MCD/ Vice-Chairman DDA/Chairman NDMC shall follow the procedure as per DDA Act, 1957 to alter, modify or relax the Development Control Norms prescribed in the Master Plan of Delhi, or Building Bye-laws of Delhi if required, for the conservation or preservation or retention of historic or aesthetic or cultural or architectural or environmental quality of any heritage site
. 1.7 Heritage Precincts/ Natural Feature Areas: In case of streets, precincts, areas and, (where deemed necessary by the Heritage Conservation Committee) natural feature areas notified as per the provisions of this Building Bye-Laws No. 23.3 above, development permissions shall be granted in accordance with the special separate regulation prescribed for respective streets, precincts/natural feature areas which shall be framed by the Commissioner, MCD/ Vice-Chairman DDA/Chairman NDMC on the advice of the Heritage Conservation Committee.
Before finalizing the special separate regulations for precincts, streets, natural features, areas, the draft of the same shall be published in the official gazette and in leading l newspapers for the purpose of inviting objections and suggestions from the public. All objection and suggestions received within a period of 30 days from the date of publication in the official gazette shall be considered by the Commissioner, MCD/ Vice-Chairman DDA/Chairman NDMC/Heritage Conservation Committee. After consideration of the above suggestions and objections, the agency concerned acting on the advice of the Heritage Conservation Committee shall modify ( if necessary) the aforesaid draft separate regulations for streets, precincts, areas and natural features and forward the same to Government for notification.
1.8 Road Widening: Widening of the existing roads under the Master Plan of Delhi/ Zonal Development Plan or in the Layout Plan shall be carried out considering the existing heritage buildings (even if they are not included in a Heritage Precinct) or which may affect listed natural features areas.
1.9 Incentive Uses for Heritage Buildings: In cases of buildings located in non-commercial use Zones included in the Heritage Conservation List, if the owner /owners agree to maintain the listed heritage building as it is in the existing state and to preserve its heritage state with due repairs and the owner /owners/ lessees give a written undertaking to the effect, the owner/owners/lessees may be allowed with the approval of the Heritage Conservation Committee within permissible use zone to convert part or whole thereof of the non-commercial area within such a heritage building to commercial /office use/hotel. Provided that if the heritage building is not maintained suitably or if the heritage value of the building is spoiled in any manner, the commercial /office /hotel use shall be disallowed.
1.10 Maintaining Skyline and Architectural Harmony: After guidelines are framed, building within heritage precincts or in the vicinity of heritage sites shall maintain the skyline in the precinct and follow the architectural style (without any high-rise or multistoried development) as may be existing in the surrounding area, so as not to diminish or destroy the value and beauty of or the view from the said heritage sites. The development within the precinct or in the vicinity of heritage sites shall be in accordance with the guidelines framed by the Commissioner, MCD/ Vice-Chairman DDA/Chairman NDMC on the advice of the Heritage Conservation Committee or separate regulations/ guidelines: if any, prescribed for respective zones by DDA/NDMC/MCD.
1.11 Restrictive Covenants: Restrictions existing as on date of this Notification imposed under covenants, terms and conditions on the leasehold plots either by Government or by Municipal Corporation of Delhi or by Delhi Development Authority or by New Delhi Municipal Council shall continue to be imposed in addition to Development Control Regulations. However, in case of any conflict with the heritage preservation interest/environmental conservation, this Heritage Regulation shall prevail. 1.12: Grading of the Listed Buildings/Listed Precincts: Listed Heritage Buildings/ Listed Heritage Precincts may be graded into three categories. The definition of these and basic guidelines for development, permissions are as follows:- Listing does not prevent change of ownership or usage. However, change of use of such Listed Heritage Building/Listed Precincts is not permitted without the prior approval of the Heritage Conservation Committee. Use should be in harmony with the said listed heritage site.
|(A) Definition Heritage Grade-I comprises buildings and precincts of national or historic importance, embodying excellence in architectural style, design, technology and material usage and/ or aesthetics; they may be associated with a great historic event, personality, movement or institution. They have been and are the prime landmarks of the region. All natural sites shall fall within Grade-I.
(B) Objective: Heritage Grade-I richly deserves careful preservation.
(C ) Scope for Changes: No interventions be permitted either on exterior or interior of the heritage building or natural features unless it is necessary in the interest of strengthening and prolonging, the life of the buildings/or precincts or any part or features thereof. For this purpose, absolutely essential and minimumchanges would be allowed and they must be in conformity with the original.
(D)Procedure: Development permission for the changes would be given on the advice of the Heritage Conservation Committee.
(E) Vistas/ Surrounding Development: All development in areas surrounding Heritage GradeI shall be regulated and controlled, ensuring l that it does not mar the grandeur of, or view from Heritage Grade-I
| buildings and precincts of regional or local importance possessing special architectural or aesthetic merit, or cultural or historical significance though of a lower scale in Heritage Grade-I. They are local landmarks, which contribute to the image and identify of the region. They may be the work of master craftsmen or may be models of proportion and ornamentation or designed to suit a particular climate.
Heritage Grade-II deserves intelligent conservation.
(Grade-II (A) Internal changes and adaptive re-use may by and large be allowed but subject to strict scrutiny. Care would be taken to ensure the conservation of all special aspects for which it is included in Heritage Grade-II Grade-II (B) In addition to the above, extension or additional building in the same plot or compound could in certain circumstances, be allowedprovided that the extension/ additional building is in harmony with ( and does not detract from) the existing heritage building(s) or precincts especially in terms of height and façade.
Development permission for the changes would be given on the advice of the Heritage Conservation Committee.
All development in areas surrounding Heritage Grade-II shall be regulated and controlled, ensuring l that it does not mar the grandeur of, or view from Heritage Grade-I
|Grade-III comprises building and precincts of importance for townscape; that evoke architectural, aesthetic or sociological interest though not as much as in Heritage Grade-II. These contribute to determine the character of the locality and can be representative of lifestyle of la particular community or region and may also be distinguished by setting, or special character of the façade and uniformity of height, width and scale. Heritage Grade-III deserves intelligent conservation (though on a lesser scale than Grade-II and special protection to unique features and attributes) Heritage Grade-III deserves intelligent conservation (though on a lesser scale than Grade-II and special protection to unique features and attributes).
Internal changes and adaptive re-use may by and large be allowed. Changes an include extensions and additional buildings in the same plot or compound. However, any changes should be such that they are in harmony with and should be such that they do not detract from the existing heritage building/precinct.
Development permission for the changes would be given on the advice of the Heritag Conservation Committee.
All development in areas surrounding Heritage Grade-III shall be regulated and controlled, ensuring l that it does not mar the grandeur of, or view from Heritage
Nothing mentioned above should be deemed to confer a right on the owner /occupier of the plot to demolish or reconstruct or make alterations top his heritage building/buildings in a heritage precinct or on a natural heritage site if in the opinion of the Heritage Conservation Committee, such demolition/reconstruction/alteration is undesirable. The Heritage Conservation Committee shall have the power to direct, especially in areas designated by them, that the exterior design and height of buildings should have their approval to preserve the beauty of the area
1.13 Signs and Outdoor Display Structures Including Street Furniture on Heritage Sites: Commissioner, MCD/Vice-Chairman DDA/Chairman NDMC on the advice of the Heritage Conservation Committee shall frame regulations or guidelines to regulate signs, outdoor display structures and street furniture on heritage sites.
1.14 Composition of Heritage Conservation Committee:- The Heritage Conservation Committee shall be appointed by the Government comprising of:
(i) Special Secretary/Additional Secretary, Chairman Ministry of Urban Development]
(ii) Additional Director General (Architecture), CPWD Member
(iii) Structural Engineer having experience of ten years Member In the field and membership of the Institution of Engineers, India Architect having 10 years experience
(A) Urban Designer
(B) Conservation Architect
(iv) Environmentalist having in-depth knowledge Member and Experience of 10 years of the subject.
(v) Historian having knowledge of the region & having Member 10 years experience in the field.
(vi) Natural historian having 10 years experience in the field.
(vii) Chief Planner, Town & Country Planning Organization Member
(viii) Chief Town Planner, MCD Member (ix) Commissioner (Plg.), DDA Member
(x) Chief Architect, NDMC Member
(xi) Representative of DG, Archeological Survey of India Member (xii) Secretary, DUAC Member Secretary
(a) The Committee shall have the power to co-opt up to three additional members who may have related experience.
(b) The tenure of the Chairman and Members of other than Government Department/Local Bodies shall be three years.
1.15 The terms of reference of the Committee shall inter alia be:
(i) To advice the Commissioner, MCD/Vice Chairman DDA/Chairman NDMC whether development permission to be granted under this Building Bye-Laws No. 23.3 and the conditions of permission.
(ii) to prepare a supplementary list of heritage sites, which include buildings artifacts, structures, streets, areas, precincts of historic aesthetic, architectural, cultural, or environmental significance and a supplementary list of natural feature areas of environmental significance, scenic beauty including but not restricted to sacred groves, hills, hillocks, water bodies ( and the areas adjoining the same), open areas, wooded areas, points, walks, rides, bridle paths etc. to which this Building Bye-law would apply.
(iii) To advise whether any relaxation, modification, alteration, or variance of any of the Building Bye-laws is called for;
(iv) To frame special regulations/ guidelines for precincts and if necessary for natural feature areas to advise the Commissioner, MCD/ Vice-Chairman DDA/Chairman, NDMC regarding the same; (v) To advise whether to allow commercial / office/hotel use in the (name the areas) and when to terminate the same;
(vi) To advise the Commissioner, MCD/ Vice-Chairman DDA/Chairman, NDMC in the operation of this Building Bye-law to regulate or eliminate/erection of outside advertisements/ bill boards/street furniture;
(vii) To recommend to the Commissioner, MCD/ Vice-Chairman DDA/Chairman, NDMC guidelines to be adopted by those private parties or public/ government agencies who sponsor beautification schemes at heritage sites;
(viii) To prepare special designs and guidelines/ publications for listed buildings, control of height and essential façade characteristics such as maintenance of special types of balconies and other heritage items of the buildings and to suggest suitable designs adopting appropriate materials for replacement keeping the old form intact to the extent possible;
(ix) To appear guidelines relating to design elements and conservation principles to be adhered to and to prepare other guidelines for the purposes of this Regulation; (x) To advise the Commissioner, MCD/ Vice-Chairman DDA/Chairman, NDMC on any other issues as may be required from time to time during the course of scrutiny of development permissions and in overall interest of heritage/conservation;
(xi) To appear before the Government either independently or through or on behalf of the Commissioner, MCD/ Vice-Chairman DDA/Chairman, NDMC in cases of Appeals under DDA/MCD/NDMC Act in cases of listed buildings / heritage buildings and listed precincts/ heritage precincts and listed natural feature areas.
1.16 Implications of Listing as Heritage Buildings: The Regulations do not amount to any blanket prevention of demolition or of changes to Heritage Buildings. The only requirement is to obtain clearance from Commissioner, MCD/ Vice-Chairman DDA/Chairman, NDMC and Heritage Conservation Committee from heritage point of view.
1.17 Ownership not affected: Sale and purchase of Heritage Buildings does not require any permission from Municipal Corporation of Delhi / Delhi Development Authority/ New Delhi Municipal Council or Heritage Conservation Committee. The Regulations do not affect the ownership or usage. However, such usage should be in harmony with the said listed precincts/ buildings. Care will be taken to ensure that the development permission relating to these buildings is given with 60 days.
ANNEXURE – 4
(Bye laws: 2.34.1)
COMPOUNDING AND PENAL ACTION
1.1 Non-Compoundable Items: (i) Authority/Local Body(s) shall be empowered after levying penalty to compound deviations from limits of coverage FAR to the extent of 5% of the permissible coverage and FAR, subject to maximum of 13.5 sqm. in building(s) / premises at the time of considering the completion / occupancy certificate.
(ii) Increase in covered area beyond the permissible limit as mentioned above, may also affect the prescribed setbacks and the size/area of the internal courtyard of the plot. The compounding fee for these infringements will be as follows: If minimum mandatory setbacks are affected, then in addition, this setbacks infringements shall be charges at the following rates : i) 0 .15 mt.(6”) @ Rs.500/- per sqm.(Rs.46.5 per sq.ft.) ii) Beyond 0.15 mt. upto 0.30 mt. @ Rs.1000/- per sqm. (Beyond 6” to 1 feet). Beyond 0.30 mt (1 feet will not be compounded)
iii) Internal courtyard. The excess coverage of any projection such as chhajjas, shades cupboards etc., should not reduce the minimum required size and area of the internal courtyard beyond 30%. Beyond 30% the following penalties is to be charges: a) Extension of building lines within the internal courtyard affected Rs. 500/- per sqm. of the size of the internal courtyard. Reduced area of the minimum requirements of the courtyard for light and ventilation, infringement.
1.2 Construction without sanction of the plan
i) Deviation in terms of covered area:- If a building or part thereof has been constructed unauthorized i.e. without obtaining the requisite building permit from the authority, the same shall be compounded at the following rates, provided the building or part thereof so constructed otherwise confirms to the provisions contained in the Building Bye-Laws and Master/Zonal Plan Regulations. For this owner shall have to submit the request for building permit in the prescribed procedure. Rate: - For residential buildings up to 500 sqm. Plot size Rs. 25/- per sqm. of the covered area constructed unauthorized - Residential buildings above 500 sqm. Plot size. Rs.100/- per sqm. of the covered area constructed unauthorized. Items which are exempted from the calculations of the coverage and FAR e.g.; cup-boards, canopy, basement and loft, watchmen cabins etc. But constructed unauthorized i.e. without obtaining prior permission from authority, but within the permissible limits shall also be compounded/regularized at the rate prescribed above. ii) Deviations of Building Bye-Laws other than specified in
(A) (Non compoundable). Deviations up to the maximum, extent of 10% from the maximum/minimum prescribed shall be compounded at the following rates: a) In case of deviations of areas of various components of the buildings, the rate of penalty will be at the rate of Rs.10/- per 1% of the deviation
. b) For deviations in terms of height the penalty shall be at the rate of Rs. 10/- per 1% of the deviation for every 10 sqm. Or part thereof the affected area;
c) Deviations from the prescribed limit of width; length, penalty shall be @ 10 per 1% of the deviation for every 10 sqm. Or part thereof of the affected area.
1. Notwithstanding the provision above no penalty shall be levied for the first 3% of deviation but in case the deviation limit exceeds 3% penalty shall be levied at the above rates for the total deviation up to 10%.
2. The penalties at the above rate as given above at ii(a), (b) & (c) shall be charged for each deviation and for every component of the building separately.
- In case of increase in size of canopy in front open space from the prescribed limits or bye-laws, the same shall be charged at the rate of Rs.20/- per sqm. ? In case of increase in size of canopy in front from the prescribed limits or bye-laws, the same shall be charged at the rate of Rs.20/- per sqm.
- End walls up to 0.9 mt. in width in terrace type construction constructed purely as an architectural feature Rs.10/- each. Enclosing of front balcony by Jali Wall which is being used as a part of staircase - Rs. 250/- sqm. i) An open urinal having wall upto 1.7 mtrs. Height: No penalty. ii) Water storage tank over open urinal with walls up to 1.70 mts height: No Penalty if sanctioned. If not sanctioned - Rs. 50/- each.
- Projection on public land- not permitted.
1.3 Various deviations in the constructed building which can be considered for regularization/compounding are listed below:
1.3.1 Residential Building Item: If no landing provided after 12 steps then the Rs. 100/- per step. Remaining steps in that building will be compounded.
1.4 Group Housing : In case of group housing the Authority/Local Body(s) shall be empowered, after levying penalty to compound deviations to the extent of 5% FAR beyond permissible FAR at the time of considering the completion/occupancy certificate.(Chapter 17, Clause 3, under sanction of plan3(12), MPD- 2021)
1.5 Rs. 100/- per sq.mt of the covered area constructed unauthorized: Residential building above 500 sq.mt plot size (Group housing & Guest Houses, Industrial building, Storage buildings(underground and above ground) and Hazardous buildings. Rs. 500/- per sq.mt of covered area constructed unauthorized: commercial & business Building (offices, hotel, shop etc.), Cinema & theatre buildings & Petrol pumps (filling/service stations).
ANNEXUREP – “5”
(Bye laws: 5.3.2)
Number and Type of Lifts Required for Different Occupancies and Space for Electrical Installations:
1. The number and type of lifts required depending on the capacity of lift, desired speed nature of operation are as given in table below:
Table: Number and types of lifts for non-residential Multistoried Building
a) For all non-residential buildings, the traffic cleared in 50 minutes is considered adequate and is approved by Authority. As such for calculation the number of lifts required, the rate of the clearance of traffic in column 9 and 10 and the population may be taken into consideration.
b) In addition to total number of lifts required as above, provision of one lift of the same capacity may be considered to serve as stand-by.
Note-2 The population may be worked out on the basis of useful carpet area which the person occupies (excluding area of Verandah, Lobbies, Halls, Passages, Lavatory blocks, etc.)
Note-3: The population on ground and first floor may not be taken into consideration since these floors are not generally served by lifts.
Note-4 0.75 meter per sec. Equivalent to 150 ft. per Min. 1.00 meter per sec. Equivalent to 200 ft. per Min. 1.5 meter per sec. Equivalent to 300 ft. per Min.
Note-5 The height of buildings for lift installation i.e. the travel on the lift presumed in the above statements is as below: 7 floors 21.0 mt. 11 floors 33.0 mt. 16 floors 48.0 mt.
|Carrying capacity of lift (person) number
||Dimension of lift well front depth(in cm.)
||Lead ing pit entra nce( cm)
||Dimension of machine room
||Clearan ce from top floor landing to machin e room floorin g cm
||Imposed load in tones on top of lift well due to installation.it may be noted that figures do not include weight of the machine from floor and well etc.
||Up to & including 1 m/s
||Up to & including 1 m/s
||Up to & including 1.5 m/s
Note: i) All lift well dimensions are minimum clear finished plumb requirements.
ii) Where more than one lift is located in the lift well, extra width of 10 cm. Separator beam should be provided. i
ii) 1 m/s = 200 ft./min.
iv) The height of landing entrance should be 210 cm. (about 7 ft.) for all lifts.
ANNEXURE – “6”
(Bye laws: 5.3.3)
1 Space for Electrical Installations
The spaces required for different electrical installations are given at 1.1 to 1.3
1.1 Electric Sub-station – The norms given in 1.1.1 and 1.1.2 shall be adopted for provision of space for sub-station.
1.1.1 Area Requirements for Sub-Station for buildings
||Total covered area(in sq.m)
||Transformer capacity(in KVA)
||Transformer capacity(in KVA)
|2 X 630
||2 X 630
||2 X 630
||2 X 630
||2 X 630
||2 X 630
1. For additional 1000 sq.mt. Covered area, a load of 90 KVA will come up with 150 KVA TR. Capacity at 60 % loading.
2. For additional of one transformer as per covered area, a space of additional 16 sq.mt. is to be provided.
3. In case of any deviation in space size due to unavoidable circumstance, the same may be considered with the approval of Electricity Board.
4. The floor of the sub-station shall have cable trenches of 0.6 mt. depth, the layout for which will be given at the time of actual construction. For this purpose, a dummy floor of 0.6 mt. depth shall be provided to facilitate cutting/digging of floor for installation of equipment’s and making subsequent changes in trenches. This floor shall be capable to withstand minimum load of 10 tones of each transformer mounted on flour wheels. The break-up spaces required for different installations in a sub-station are given as below:
a) Supply company’s Switchgear room and or space of meters.
b) Transformer Rooms: The number and size of transformer rooms shall be ascertained from the total power requirements of the company. To determine the size of transformer and clearance around a transformer, reference may be made to good practice (I.S.1887-1967 code of practice for installation and maintenance of Transformer). A 500 KVA transformer may be provided with a minimum space of 4 mt. X 4 mt. If transformer is to be installed outdoor space shall be provided on similar considerations and adequate provision for safety enclosure is to be made. For transformer having large oil content (more than 2000 lt.) soak pits are to be provided in accordance with rule 64 of Indian Electricity Rules, 1956.
c) High Voltage Switch Rooms – In case of sub-station having one transformer, the owner is required to provide only one high voltage switch. In the case of single point supply for two transformers, the number of switches required is 3 and for ‘n’ transformers the number of switches is n+1. The floor area required in case of a single switch will be roughly 4 mt. X 1mt. and for every additional switch the length should be increased by 1mt.
d) Low Voltage Switch Rooms – The floor area requirement in respect of low voltage switchgear room cannot be determined by any formula.
e) Room for Stand-by-Generator – A room space not less than 6 mt. X 9 mt. may be provided for housing a standby Generator set of 50 KW.
1.1.1 A: Location of electric sub-station in basement of multi-storeyed buildings: The electric sub-station should be provided in the approved/sanctioned covered area of the buildings not below the first basement level and should be on the periphery of the building with clear independent round the clock approach having proper ramp with slope.
1.1.2. Other Requirements for Sub-station
a) The sub-station will preferably be located on the ground level failing which it can be in the basement floor in no case at higher level.
b) The entire space will be provided at one floor in continuation.
c) The minimum width of the sub-station space shall not be less than 6 mt.
d) The areas given above in respect of the different categories of rooms hold good if they are provided with windows and independent access doors.
e) All the rooms should be provided with partition up to the Ceilings and shall have proper ventilation. Special care should be taken to ventilate the transformer rooms and where necessary, louvers at lower levels and exhaust fans at higher level shall be provided at suitable locations.
f) In order to prevent storm water entering the transformer and switch rooms through the soak pits, the floor level of the sub-station shall be at least 15 cm above the highest flood water level that may be anticipated in the locality.
1.2 Cable Trenches Shafts Etc.
1.2.1 Suitable number of vertical shafts, rising mains, distribution boxes, etc. shall also be provided as per the requirements at suitable location. Cable trenches with suitable handy covers for entry of the cables up to the substation onwards up to the street adjoining other building shall also be provided as per the requirements. These vertical shafts, rising mains, distribution boxes, cable trenches, etc. shall be so constructed as to be accessible only to authorized personnel. The rising mains and other installations in the vertical shafts, tap off boxes distribution boxes etc. required at each floor shall be provided, installed and maintained by the owner at their own cost. Adequate enclosed space shall also be provided at each floor for installation of equipment’s for distribution on respective floors such as distribution boxes, cut-out, and meter boxes and main switches
1.2.2 Location of Switch Room: In large installations other than where a sub-station is provided, a separate switch room shall be provided. This shall be located as closely possible to the electrical load center and suitable ducts shall be laid with minimum number of bends form the point of entry of the supply to the position of the main switchgear. The switch room shall also be placed in such a position that rising ducts may readily be provided there from to the upper floors of the building in one straight vertical run. In larger building, more than one rising duct and horizontal ducts may also be required for running cables from the switch room to the foot of each rising main. Such cable ducts shall be reserved for the electrical services only, which may, however, include medium and low voltage installations, such as call bell systems. Telephone installation should be suitably segregated.
1.2.3 Location and Requirement of Distribution Panels: The electrical gear distribution panels and other apparatus, which are required on such floor may conveniently be mounted adjacent to the rising mains, and adequate space should be provided at each floor for this purpose.
1.2.4 Location and Requirement of PBX/PABX Room: Information regarding provision and location of PBX/PABX room, telephone outlets and riser shall be ascertained form the relevant Authority. Adequate space should be provided for installation of Sub-Distribution Board.
1.3.1 The maintenance of the built up space for electric sub-station, distribution equipment, Vertical shafts and enclosure at each floor shall be done by the owner. The standby arrangement for electricity supply up to and including the sub-station equipment and distribution pillars at the sub-station shall be provided compulsorily