DEFINITION



1 PREAMBLE

In pursuance of the provisions contained in clause (m) of sub-section (2) of section 12 and clause (c) of subsection (2) of section 13 of the Gujarat Town Planning and Urban Development 1976, the Ahmedabad Urban Development Authority hereby makes the following Regulations.

1.1 SHORT TITLE-EXTENT AND COMMENCEMENT

1.1.1   These regulations may be called the revised draft general development control regulations of the revised draft development plan of AUDA (including ahmedabad municipal corporation area).

1.1.2These  Regulations  shall  come  into  force  on  and  from  the  date  prescribed  in  the  notification  of sanction of the Development Plan.

1.1.3Subject to the provisions of the Gujarat Town Planning and Urban Development Act-1976, these Regulations  shall  apply  to  all  the  developments  in  the  Urban  Development  Area  including Ahmedabad Municipal Corporation area notified under sub-section  (2) of section 22 of the Act vide Gujarat  Government,  Panchayat,  Housing  and  Urban  Development  Notification  No.GHB/  R1  / UDA / 1177 / 646 (3) – q-2 Dated 31st January, 1978 as may be modified or amended from time to time.

1.1.4The sanctioned General Development Control Regulations of AUDA are hereby Modified, Revised and Replaced by these Regulations.

SAVINGS:

Not  withstanding  such  modifications  and  revision,  anything  done  or  any  action  taken  under  the
regulations in force prior to such modification shall be deemed to be valid and continue to be so valid, unless otherwise specified

DEFINITIONS

In  these  regulations,  unless  the  context  otherwise  requires,  the  terms  and  expressions  defined  as follows shall have the meaning indicated against each of them.
The terms and expressions not defined in these regulations shall have the same meanings as in the Gujarat Town Planning  & Urban Development Act, 1976 or Local Acts and the rules framed there under  or  as  mentioned  in  National  Building  Code  (NBC)  as  the  case  may  be,  unless  the  context otherwise requires.

2.1ACT

Means  the  Gujarat  Town  Planning  and  Urban  Development  Act,  1976   (President  Act  No.27  of 1976) and B. P. M. C. ACT 1949 or Local Acts as stated in the context.

2.2 ADDITIONS AND /OR ALTERATIONS

Means  any  change  in  existing  authorised  building  or  change  from  one  use  to  another  use,  or  a structural  change such as additions 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 fixtures or equipments, as provided  in  these  regulations.  The  addition  to  any  existing  structure  shall  only  be  permitted  if  it complies with the provisions of regulation No.18.4.

2.3ADVERTISING SIGN/HOARDING

Means any surface or a structure with character, letter or illustration, applied  there to and displayed in   any   manner  whatsoever   out   of  doors  for  the  purpose   of   advertising  giving   information regarding or to attract the people  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, hoarding or  displayed  any  space or in or over any water body included in the  limits of notified area of Competent Authority.

2.4AIR-CONDITIONING

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

2.5AMENITIES

Means  roads,  streets,  open  spaces,  parks,  recreational  grounds,  play-grounds,  gardens,  water supply,   electric  supply,  street  lighting,  drainage,   sewerage,  public  works   and   other  utilities, communication network, surface and convenience.

2.6 APARTMENT/FLATS

Apartment/Flats  shall  means  residential  buildings  constructed  in  a  detached  or  semi-detached manner  being  designed  as  Ground  Floor  plus  more  upper  floors  and  constructed    as  separate dwelling  unit with common staircase.

2.7AUTOMATIC SPRINKLER SYSTEM

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

2.8 BASEMENT OR CELLAR

Shall  mean  the  lower  storey  of  a  building  having  at  least  half  of  the  clear  floor  height  of  the basement or cellar below average ground level.

2.9 BUILDING

Means all types of permanent building defined in (a) to (r) below, but structure of temporary nature like tents, hutment as well as shamianas erected for temporary purposes for ceremonial occasions, with the permission of  the Competent Authority, shall not be considered to be "buildings".

(a) "Assembly building"  means a building or part thereof   where groups of people congregate or gather for amusement, recreation,  social,   religious, patriotic,  civil, travel  and   similar purposes. "Assembly  building" include  buildings of  drama  and    cinema    theatres, city halls,    town halls, auditoria,   exhibition   halls,       museums,        "marriage  hall”,  “skating  rings”,  gymnasia,  stadia, restaurants, eating or boarding houses, place of  worship, dance halls,  clubs,  gymkhanas,  road,  air, sea  or  other  public  transportation stations and recreation piers.

(b) “Business building" means any building or part thereof used for transaction of record therefor, offices, banks, all professional establishments, court houses classified as business buildings if their principal function is transaction of business and/or keeping of books and records.

(c) "Detached building" means a building with walls and roofs independent of any other building and with open spaces on all sides.

(d)''Semi-Detached Building" means a building having one or more side attached with wall and roof with other building.

(e) "Educational building" means a building exclusively used for a school or college, recognised 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 uses incidental thereto such as a 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 hostel captive to an educational institution whether situated in its campus or not.

(f) "Hazardous building" means a building or part thereof used for, -

(i)   storage, handling, manufacture   or   processing   of   radio-active   substances   or   of   highly combustible  or  explosive  materials  or  products  which  are  liable  to  burn  with  extreme  rapidity and/or producing poisonous  fumes  or   explosive enabatuibs.

(ii)   storage,   handling,  manufacture  or   processing   of,  which  involves  highly  corrosive,  toxic obnoxious  alkalis,  acids,  or  a  other   liquids,  gases  or  chemicals  producing  flame,  fumes,   and explosive  mixtures  or  which  result  in  division  of   matter   into  fine  particles  and  capable  of spontaneous ignition.

(g) “Industrial  building"  means  a     building  or  part   thereof wherein  products  or, material are fabricated,  assembled  or processed, such as assembly plants, laboratories, power plants, refineries, gas plants, mills dairies and factories.

(h)"Institutional  building”   means  a  building  constructed  by  Government,  Semi-Government organisations,  public  sector  undertakings,  registered  Charitable  Trusts  for  their  public  activities, such as education, medical, recreational and cultural , hostel for  working women  or  men  or for an auditorium  or  complex  for  cultural  and    allied  activities  or  for  an  hospice,  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,  custodian  and  penal institutions such as jails, prisons, mental hospitals, houses of correction, detention and reformatories building constructed for the promotion of Tourism such a, stared hotels, clubs, golf course, sport stadium and all activities of Tourist Unit as may be declared by Government from time to time.

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

(j) “Low rise building”  shall  mean  a  building  having  height  up  to  16.50  mts.  and  having  ground floor   plus   four floors. However hollow plinth up to 2.8 mts and parapet on terrace up to 1.5mts shall not be counted.

(k) "High-rise  building" shall  mean  building other than mentioned in 2.9 (j) “Low Rise Building ” provided the  maximum permissible height shall not exceed 40 mts.

(l) "Office building" means a building or premises or part thereof whose sole or 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,  filing,  duplicating, punching cards or tapes,   machines calculations,   drawing of matter for publication and   editorial preparation of matter of publication.

(m)“Public   Building”   means   a   building      constructed      by   Government,   Semi-Government organisations,  public  sector  under-takings,  registered  Charitable  Trust  or  such  other  organisations for their non-profitable public activities

(n) "Residential   Building" means a building in   which   sleeping   accommodation is provided for normal  residential  purposes,  with   or   without  cooking  or  dining  facilities,  and  includes   one   or more family  dwellings, lodging or  boarding  houses,   hostels, dormitories, apartment houses, flats and private garages of such buildings.

(o) "Special Building" means

(i)   a   building solely used for the purpose of a   drama   or cinema   theatre, motion picture   a drive-in-theatre, an   assembly   hall   or   auditorium, town hall, lecture hall, an exhibition hall, theatre museum,  stadium,  community hall,  marriage  hall.

(ii) a hazardous building;

(iii) a building of a wholesale establishment;

(iv)  centrally    air-conditioned  building  which  exceeds  15  mts.  in  height,  in  case    where  in building is constructed on stilt

(p) "Storage   Building"   means a building or part   thereof   used primarily   for storage or shelter of goods, merchandise   and   includes   a   building used as   a warehouse, cold   storage freight depot, transit shed, store house, public garage, hanger, truck terminal grain elevator, barn and stable.

(q) "Unsafe Building" means a building which,

(i) is structurally unsafe,

(ii) is insanitary,

(iii) is not provided with adequate means of egress,

(iv) constitutes a fire hazard,

(v) is dangerous to human life,

(vi) in relation to its existing use constitutes a hazard to safety   or health or public welfare by reasons  of inadequate maintenance, dilapidation or abandonment.

(r) "Wholesale establishment" means an establishment wholly   or partly engaged in wholesale trade and,   manufactures   wholesale   outlets,   including   related   storage     facilities,   warehouses     and establishments  engaged  in truck  transport,  including  truck transport booking warehouses.

2.10 BUILDING  LINE

means the line up to which the plinth of a building adjoining  a   street  or an extension of a street or on  a  future   street   may     lawfully  extend  and  includes  the  lines  prescribed,  in  any  T.P.  scheme
and/or Development Plan.

2.11 BUILDING UNIT

Shall mean a land/plot or part of a land/plot or combination of more than one land/plot as approved by the  Competent Authority. Provided however where  an  alignment  has  been fixed on any  road by   any   Competent   Authority, the building unit shall mean and refer to the    land excluding the portion falling in alignment.

2.12 BUILT-UP AREA

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

2.13 COMPETENT AUTHORITY

Means   any   person   or   persons   or   Authority   or   Authorities authorized   by   the   Ahmedabad Urban  Development   Authority/Ahmedabad Municipal Corporation as the case may be to  perform such   functions   as   may be   specified.   Different   persons   or  Authorities  may  be  authorized  to perform different functions.

2.14 CHIMNEY

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

2.15 CHHAJJA

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

2.16 CHOWK

Means a fully or partially enclosed space permanently open    to the  sky  within  a building at any level,  inner  chowk  being   enclosed  on  all  sides except as provided in  Regulation 11 and 12 and an outer chowk having one unenclosed side.

2.17 COMBUSTIBLE MATERIAL

Means   that material which when burnt adds heat to a   fire   when tested   for combustibility in a accordance  with  the  IS  : 3808-1966   Method  of  Test  for  Combustibility  of   Building   Material, National Building Code.

2.18 CONTIGUOUS HOLDING

Means a contiguous piece of land in one ownership  irrespective of separate property register cards/record of rights.

2.19 CORRIDOR

Means a common passage or circulation space including a  common entrance hall.2.20 COURTYARDMeans a space permanently  open  to  the  sky    within    the    site    around  a  structure  and paved/concrete.

2.21 COMMON PLOT

Shall  mean  a  common  open space  exclusive  of  margins  and approaches,  at  a  height not more than  ground   level of   the  building  unit.  The  owner  shall  have  to  give  an  undertaking  that  the common plot shall be for the common use of all the resident  or  occupants of the building unit, free of cost.

On  sanction  of  the  development  permission,  the  common  plot  shall  deem  to  have  vested  in  the society/association  of  the  residents/occupants. In case such society or Association is to be formed, the   possession/custody   of   common   plot   shall   remain   with   Competent   Authority   until   such association/society is formed.  The  common plot shall not be sold to any other person and  it   shall not  be put to any other use except  for  the common use  of  the  residents/occupants.

2.22 DEVELOPER

Means the person who is legally empowered to construct or to   execute   work on a building   unit, building  or structure, or where no person  is empowered, the owner of the building  unit, building or structure.

2.23 DHARMASHALA

Means a building used as a place of religious assembly, a   rest   house, a place in which charity is exercise with religious   or   social motives, or a place where in a certain section of people   have a right of, or are granted, residence without payment  or  nominal     payment.

2.24 DRAIN

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

2.25 DWELLING UNIT

Means  a  shelter  consisting  of  residential  accommodation  for  one  family.  Provided   that  the minimum accommodation in a dwelling unit shall be one room of minimum carpet  area of   9 sq.mts. with a minimum side of 2.4 Mts. and a w.c.

2.26 ENCLOSED STAIRCASE

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

2.27 EXISTING BUILDING

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

2.28 EXISTING USE

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

2.29 EXIT

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

(i)   "HORIZONTAL EXIT" :- means an exit which is   a    protected opening through or around at fire wall or bridge connecting two or more buildings.

(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.

2.30 EXTERNAL WALL

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

2.31 ESCAPE ROUTE

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

2.32 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 event of fire.

2.33 FIRE LIFT

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

2.34 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.

2.35 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  multi-storey  or  high  rise building.

2.36 FIREPUMP-BOOSTER FIRE PUMP

Means   a mechanical/electrical device which boots up   the   water pressure at the top level of a multi-storied/high- rise   building   and   which   is   capable   of a pressure of   3.2   kg/cm2   at   the nearest point.

2.37 FIRE RESISTANCE

Means  the  time during which a fire  resistant  material  i.e. material  having a certain degree of fire resistance,  fulfils   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  structures  shall  be done  in  accordance  with  IS: 3809-1966  Fire  Resistance  Test  of  Structure.

2.38 FIRE SEPARATION

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

2.39FIRE 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 recommendation of the Chief Fire Officer.

2.40FIRE 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 resisting doors.

2.41FLOOR

Means the lower surface in a storey on which one normally walks in a building, and does not include a 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 termed as floor 2, and so on upwards.

2.42FLOOR SPACE INDEX (F.S.I.)

Total  floor area including walls  of  all floors Floor Space Index =   Plot Area / Building Unit.
Provided  that  the  following shall  not  be  counted  towards  computation of  F.S.I.

(i)Parking spaces without any enclosures and  partitions   of any kind, with clear height of 2.4 mts. and in case of slabs with beams, height should not exceeds 2.8 mts.

(ii)Spaces  of    hollow  plinth  with  maximum  clear    height  of  2.8  Mts.  including  beams  in residential  buildings  only  (not  even  in  mixed  development)  at  ground  level  without  any enclosures/walls and partitions in any form.

(iii) Interior open spaces and ducts required   under   these Regulations.

(iv)Basement exclusively  used for  required   parking   with maximum clear height of 2.6 Mts. excluding  beams.

(v)Security Cabin up to 4 sq.mts.

(vi)Weather shed up to 0.60 mt width.

(vii)Stair case with  maximum intermediate landing width equal to the width of stair, maximum landing width at floor level shall be twice the width of stair.

(viii lift, lift well with lift cabin, stair cabin, lift landing of lift well and water tank.

(ix)Open air space/chowk required under this regulation in Walled City and Gamtal.

(x)Electric room as specified by A.E.C. or G.E.B.

2.43 FLOOR AREA

Means Built up area excluding area of walls.

2.44 FRONT

Front as applied to a plot; means the portion facing the  road and in case of plot abutting on  more than one road   and or more than 18   Mts.   in   width, the front shall be decided by the Competent Authority considering  the existing and future development trend  of  the  surrounding area.

2.45 FOOTING

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

2.46FOUNDATION

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

2.47HEIGHT OF BUILDING

Means the vertical distance measured from the average ground level/ high flood level/plot  level  and up to the top of the finished level of the top most floor slab in case of flat roofs and upto the midpoint of the height of the slopping roof excluding the genuine stair cabin, water tank and lift- room. The height of the slopping roof shall be taken as an average height of the relevant floor.

Note :- High flood level shall be decided by Competent authority.

2.48GAMTAL

Shall mean all land that have been included by the Govt./Collector within the site of village, Town or city on or before the date of declaration of intention to make a Town Planning Scheme or publication of Draft Development Plan but shall not include any such other land which may thereafter be included within the site of any village by the Govt./Collector under the provision of Land Revenue Code.

2.49GROUND LEVEL

Shall mean the level of the crown of  the  existing  nearest  constructed road or existing ground level, High flood level whichever is higher as may be decided by Competent Authority.

Note :- High flood level shall be decided by Competent authority.

2.50GARAGE-PRIVATE

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

2.51GARAGE-PUBLIC

Means a building or 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.

2.52HABITABLE ROOM

Means a room occupied or designed for occupancy for human habitation and uses incidental  thereto, including a kitchen if used as a living room, but excluding a bath-room, water closet compartment, laundry, serving and storing, pantry, corridor, cellar, attic, store-room, pooja-room and spaces not frequently used, height of such room shall not be less than 2.80 Mts.  measured  from finished floor to finished ceiling.

2.53HEIGHT 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.

2.54HOME 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  utilised  in  whole  or  in  part   for   any purpose   other than a residential or dwelling use   and   in connection   with   which   no   article   or service  is  sold  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 neighbourhood, 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   0.75   KW.   "Home Occupation"   may   also include such similar occupations as may be specified   by   the  Competent Authority and  subject to such terms and conditions as may be prescribed.

2.55 HAZARDOUS MATERIAL

(i)  Means radio active substances

(ii) Material which is highly combustible or explosive and/or which may produce poisonous fumes explosive emanations, or storage, handing, processing or of which may involve highly corrosive, toxic, obnoxious 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 mixtures of dust or fine particles capable of spontaneous ignition.

2.56 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.

2.57 LOFT

Shall    mean   an intermediate floor between two   floor   with   a   maximum height of 1.2 Mts. and which  is  constructed  and  adopted  for   storage  purpose.  The  loft  if  provided  in  a  room  shall   not cover more than 30% of the floor area of the room.

2.58 MARGIN

Shall   mean  space  fully  open  to  sky  provided  at  the  plot   level   from   the  edge  of  the  building wherein built-up area shall   not   be permitted except specifically permitted projections under this regulation.

2.59 MEZZANINE FLOOR

Shall mean an intermediate floor between two floors overhanging   or overlooking a floor beneath.

2.60 NEIGHBOURHOOD CENTRE AND CIVIC CENTRE

Neighbourhood  Centre  and  civic  Centre  shall  include    following    activities    such    as  sectoral shopping centre,   market,   office   building,   cinema, small hospital, playground,   swimming   pool, Town  hall,  open air theatre, civic and  cultural  facilities, library, higher secondary school, parking plots, public utility and service building such as post office, fire station,   police station, religious building and building of public uses.

2.61   NATURAL HAZARD

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

2.62   NATURAL HAZARD PRONE AREAS

Areas likely to have moderate to high intensity of earthquake, or cyclonic storm, or significant flood flow or inundation, or land slides/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  39  m/s  or  more  as  specified  in IS:875(Part 3;) and flood prone areas in river plains (unprotected and protected) are indicated in the Flood Atlas of India prepared by the Central Water Commission.

2.63 NON-COMBUSTIBLE

Means not liable to burn or add heat to a fire when tested  for combustibility  in accordance with the IS-3808-1966  Method  of  Test for Combustibility of Building Materials.

2.64 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 building being those in which more than one occupancy are present in different portions of the building.

2.65 OPEN SPACE

Means an area forming an integral part of the plot,  left   permanently open to sky.

2.66 OWNER

“Owner”, in relation to any property, includes any person who is for the time being, receiving or entitled to receive, whether on his own account or on account of or on behalf of, or for the benefit of, any other person or as an agent, trustee, guardian, manager or receiver for any other person or for any religious or charitable institution, the rents or profits of the property; and also includes a mortgaging possession thereof.

2.67 PARAPET

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

2.68 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.

2.69 PARTITION

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

2.70 PERMANENT OPEN AIR SPACE

Means air space permanently open -

(i)  if it is a street,

(ii) if its freedom from encroachment is protected by any  low or  contract  ensuring  that the ground below it  is  either  a street  or  is permanently and irrevocably appropriated  as  an open space.
In Determining the open air space required for   construction of   a building, any space occupied by an existing structure may, if it  is  ultimately to become a permanently open  air  space,   be treated as if it were already such a place.

2.71 PERMISSION

Means  a  valid permission or authorisation in writing  by  the Competent  Authority  to  carry  out development  or  a   work regulated  by the Regulations.

2.72 PLINTH

Plinth shall mean the portion of the external wall   between the level of the street and the level of the storey first above the street.

2.73 PLINTH  AREA

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

2.74 PORCH

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

2.75 PUBLIC PURPOSE

The expression “Public Purpose” includes-

1) The provision of village sites, or the extension, planned development or improvement of  existing village sites ;

2) The provision of land for town or rural planning ;

3) The provision of land for planned development of land from public funds in pursuance of any scheme or policy of Government and subsequent disposal thereof in whole or in part by lease, assignment or outright sale with the object of securing further development as planned ;

4) The provision of land for a corporation owned or controlled by the state ;

5) The provision of land for residential purposes to the poor or landless or to persons residing in areas  affected  by  natural  calamities,  or  to  persons  displaced  or  affected  by  reason  of  the implementation if any scheme undertaken by Government, any local Authority or a corporation owned or controlled by the state ;

6) The provision of land for carrying out any educational, housing, health or slum clearance scheme sponsored by Government or by any Authority established by Government for carrying out any such scheme or with the prior approval of the appropriate Government by a Local Authority or a society registered under the societies Registration Act, 1860 or under any corresponding law for the time being in force in a state, or a co-operative society within the meaning of any law relating to co-operative society for the time being in force  in  any state;

7) The provision of land for any other scheme of development sponsored by Government or with the prior approval of appropriate Government, by a local Authority ;

8)  The  provision  of  any  premises  or  building  for  locating  a  public  office,  but,  does  not  include acquisition of land for Companies.

2.76   REAL ESTATE DEVELOPMENT

Shall  mean  development  undertaken  for  sale  to  persons  other  than  the  one  undertaking  the development.

2.77  REGISTERED  ARCHITECT  /  ENGINEER  /   STRUCTURAL  DESIGNER,  CLERK   OF   WORKS, SITE  SUPERVISOR,  DEVELOPER

Means respectively a person registered by the Competent Authority for the purpose of this Act as an Architect, Engineer, Structural Designer, Clerk of works, Site Supervisor, Developer, under these Regulations or any  other Act prevailing for the area.

2.78 RETENTION ACTIVITY

Means an activity or use which is allowed to continue, not withstanding its non-conforming nature in relation  to  the  use permitted in the adjoining or surrounding area.

2.79 RESIDENTIAL USE

Mean a use of any building unit for the purpose of  human habitation only except hotels and hostels like business.

2.80 ROAD/STREET

Means  any  highway, street, lane,  pathway,  alley,  stairway, passageway,  carriageway,  footway, square  place  or  bridge, whether  a  thoroughfare or not, over which the public  have  a  right  of passage  or access or have  passed  and  had  access  uninterruptedly  for  a specified period, whether existing   or proposed    in   any   scheme, and includes   all   bunds   channels, ditches,   storm-water drains,   culverts,   sidewalks,    traffic   islands,   road-side trees and, hedges retaining walls,  fences, barriers and railings within the street lines.

2.81 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.

2.82 ROAD/STREET LINE

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

2.83 "ROAD WIDTH" OR "WIDTH OF ROAD/STREET"

Means  the  whole  extent  of  space  within  the  boundaries  of  a  road    when    applied    to  a  new road/street, as laid down in   the   city   survey or development plan or prescribed road lines by any act   or  law and measured at right angles to the course or  intended course of direction of such road.

2.84   SELF USE DEVELOPMENT

Means Development undertaken by an owner for his use.

2.85 SERVICE ROA

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

2.86 SHOPPING  CENTRE  OR COMMERCIAL  CENTRE

Means a group of shops, offices and / or stalls designed to  form market-office complex.

2.87 SMOKE-STOP DOOR

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

2.88 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 to be used for   human habitation.

2.89 STOREY

Means the portion 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.

2.90 TENEMENT

Means an independent dwelling unit with a kitchen, or a cooking space.

2.91 TENEMENT  BUILDING AND OWNERSHIP FLATS

Means   residential   building  constructed   in   a  semi-detached   manner  in  a  building   unit,  each dwelling  unit  is  being    designed  and  constructed  for    separate    occupation  with  independent provision of bath, w.c.

2.92 TRAVEL DISTANCE

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

2.93 WATER CLOSET (W.C)

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

2.94 WATER  COURSE

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

2.95 WATER  COURSE, MAJOR

Means a water course which carries storm water discharging from    a contributing area of not less than  160  hectares,  the  decision  of   the   Competent  Authority   on  the  extent  of  contributing  area being  final. A minor water course is one which is not a  major  one.

2.96 WATER TANKS OR TALAV OR POND OR LAKE

Means  a  natural existing low lying grounds forming  a  natural water  body or wherein rain water gets collected  and/or  plots  designated  as  Talav under the revised development plan or  any  other legitimate records.

2.97 "WAREHOUSE"  OR  "GODOWN"

Mean a building the whole or a substantial part of   which   is used or intended to be used for the storage of goods whether   for   storing   or   for sale or for any similar   purpose.   It   is   neither a domestic nor a public building, nor merely a shop  if  so   used  not  a store attached to and  used  for the   proper  functioning of a shop.

2.98 WINDOW

1.Means  an   opening,  other than a door, to   the   outside  of  a    building,    which  provides  all   or part  of   the   required   ventilation.

2.99WIDTH OF A STREET

Means the clear average width of the existing carriage way and footpaths only on which the building or plot line  abuts. The average width shall be computed by taking length of  street  between two extreme points on building unit abutting the street at right angles to the direction of such streets excluding  the  steps  projections, forecourts, open areas of other  spaces  in   front of the building erected or intended to be erected. However in case where a regular line of street is prescribed by the Competent Authority, such width shall be considered for the purpose of computing building height.

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