GENERAL REQUIREMENTS FOR DEVELOPMENT
4.1 MARGIN AND/OR SETBACK
Any plan for the construction of any structure or building or any part thereof should provide setback and margin from the boundary of the plot or the road line as the case may be as required under these regulations. The road line shall be determined as per the maximum width of the road or street proposed under the BPMC Act-1949 or Development plan proposals or theTown Planning Schemes or any other Local Acts.
4.2 DEVELOPMENT OF LAND IN THE DEVELOPMENT AREA
4.2.1 CONFORMITY WITH OTHER ACTS AND REGULATIONS:
(a) Situated and abutting on any of the classified roads of the State Government and the Panchayat shall be regulated and controlled by the Building line and Control line prescribed under the Govt. Department Resolution as amended from time to time.
Provided that the setback for the building line prescribed in the above resolution of the Department and the marginal distances to be kept open or setbacks to be observed from the road side, prescribed in the Development Control Regulations or in the Town Planning Scheme Regulations whichever is more shall be enforced.
(b) Whose right of user is acquired under the Petroleum Pipelines (Acquisition of right of user in land) Act,1962 as amended from time to time shall be regulated and controlled according to the provision of the said Act, in addition to these regulations.
(c) Situated in the vicinity of an oil well installed by Oil & Natural Gas Commission shall be regulated and controlled according to the provision of the Indian Oil, Mines Regulations - 1933 in addition to these regulations.
(d) Situated in the vicinity of the Grid Lines laid by the A.E.Co.andGujarat Electricity Board under the Indian Electricity Rules, 1956 shall be regulated and controlled by the horizontal and vertical clear distances to be kept open to sky
(e) In restricted / critical zone near the Air Port,construction of building shall be regulated as per the provisions of Civil Aviation Department.
(f) Situated in the vicinity of the Railway Boundary shall be regulated and controlled according to the standing orders/instructions in force of the Railway Authorities and as amended from time to time.
(g)Situated anywhere in the Development Area shall be subject to provisions of Gujarat Smoke Nuisance Act, 1963.
(h)Situated anywhere in the Development area shall be subject to provisions of Water (Prevention and Control of Pollution) Act, 1974.
(i)Situated anywhere in the Development area shall be subject to provisions of Air Pollution Control Act-1981.
(j) Situated in the vicinity of the Jail, shall be regulated and controlled according to the standing orders/ instructions/ manual in force of the Jail Authority and as amended from time to time.
(k) Situated any where in the Development area shall be subject to provisions of the act related to telecommunication,I.S.R.O.,archaeology and conservation/ preservation of monuments.
(l) Development Permission granted by Competent Authority on th basis of any document/NOC received is not final and conclusive.It shall be considered in true sense and meaning of concerned issuing Authority. This Authority has no legal responsibility for such development permission.(m) Situated any where in the Development area shall be subject to provisions of the act related to the protected monument or as per the proposals of the Development plan.
4.2.2 REQUIREMENTS OF SITE:
No land shall be used as a site for the construction of building.
(a)if the Competent Authority considers that the site is insanitary or that it is dangerous to construct a building on it or no water supply is likely to be available within a reasonable period of time;
(b)if the site is not drained properly or is incapable of being well drained;
(c)if the building is proposed on any area filled up with carcasses, excreta, filthy and offensive matter, till the production of a certificate from the Competent Authority to the effect that it is fit to be built upon from the health and sanitary point of view;
(d)if the use of the said site is for a purpose which in the Competent Authority's opinion may be a source of danger to the health and safety of the inhabitants of the neighbourhood,
(e) if the Competent Authority is not satisfied that the owner of the building has taken the required measures to safeguard the construction from constantly getting damp;
(f) if the level of the site is lower than the Datum Level prescribed by the Competent Authority depending on topography and drainage aspects.
(g)for assembly use, for cinemas, theatres, places of public worship, residential hotels, lodging and boarding houses, unless the site has been previously approved by theCompetent Authority and the Commissioner of Police;
(h)unless it derives access from an authorised street/means of access described in these Regulations;
(i) for industrial use other than a service industry unless the application is accompanied by a no objection certificate from the appropriate officer of the Industrial Location Policy;
(j) if the proposed development is likely to involve damage to or have deleterious impact on or is against urban aesthetic of environment or ecologyand/or on historical / architectural/esthetical buildings and precincts or is not in the public interest.
k) If the site is found to be liable to liquefaction by the Competent Authority under the earthquake intensity of the area,except where appropriate protection measures are taken to prevent the liquefaction.
l) If the Competent Authority finds that the proposed development falls in the area liable to storm surge during cyclone,except where protection measures are adopted to prevent storm surge damage.
4.3 DEVELOPMENT WORK TO BE IN CONFORMITY WITH THE REGULATIONS
a) All development work shall confirm to the Development Plan proposals and the provisions made under these regulations. If there is a conflict between the requirements of these regulations and Town Planning Schemes Regulations, if any, in force the requirement of these regulations shall prevail.
Provided relaxation/special provisions mentioned against respective final plots shall prevail above these regulations.Provided in case of proposed road town planning scheme road shall prevail.
b) Change of use : No building or premises should be changed or converted to a use other than the sanctioned use without prior permission of the Authority in writing. Change of use not in conformity with these regulations shall not be permissible.
4.4 DOCUMENT AT SITE
(i) Development Permission : The person to whom a development permission is issued shall during construction, keep -
(a) posted in a conspicuous place, on the site for which permission has been issued a copy of the development permission and
(b) a copy of the approved drawings and specification referred to in Regulation No. 25 on the site for which the permission was issued.
(1) Inspection at various stages :-
The Competent Authority at any time during erection of a building or the execution of any work or development, make an inspection thereof without giving prior notice of his intention to do so.
(2) Inspection by Fire Department :-
For all multi-storied, high-rise and special building the work shall also be subject to inspection by the Chief Fire Officer, or Competent Authority shall issue the occupancy certificate only after clearance by the said Chief Fire Officer/Competent Authority.
(3) Unsafe building :-
All unsafe building shall be considered to constitute danger to public safety hygiene and sanitation and shall be restored by repairs or demolished or dealt with as otherwise directed by the Competent Authority as prescribed in regulation 18.4(4)
(4) Unauthorised development :-
In case of unauthorised development, the Competent Authority shall
(a) take suitable action which may include demolition of unauthorised works as provided in The Gujarat Town Planning & Urban Development Act-1976and the relevant provisions of the Bombay Provincial Municipal Corporation Act-1949.
(b) take suitable action against the registered architect/ engineer, developer and other. as mentioned in Regulation no. 2.77.
(1) KABRASTAN, BURIAL GROUND ETC.
The land occupied by the graveyards, kabrastans, burial grounds, crematoria and allied actions which are marked with green verge in the plan shall not be allowed to be built upon and shall be kept permanently open.
(2) EDUCATIONAL INSTITUTION
No educational institution except K.G., primary, secondary schools and higher secondary school shall be permitted within the area of walled city, villages and Railwaypura.
(3) IMPROVEMENT SCHEME
No development permission shall be issued for development of area designated for improvement scheme until such scheme is prepared and finalised by the Competent/ Appropriate Authority.
In cases where the building construction is as per regulations but the co-owners are not giving consent either at the time of building permission or at the time of occupation permission, the Competent Authority may issue permission after giving opportunity of hearing to the co-owners and considering the merits and demerits of individual case.
(5)WIDTH OF APPROACH AT BRIDGE
Width of the approach of over-bridge or under-bridge shall not be considered towards width of the road at the time of permitting the height, use development of buildings near the over- bridge or under-bridge.
DECISION OF THE AUTHORITY
5.1 GRANT OR REFUSE OF THE PERMISSION APPLICATION
“On receipt of the application for Development Permission, the Competent Authority after making such inquiry and clearance from such an expert whenever considered necessary for the safety of building, as it thinks fit may communicate its decisions granting with or without condition including condition of submission of detailed working drawing/ structural drawing along with soil investigation report before the commencement of the work or refusing permission to the applicant as per the provisions of the Act.
The Competent Authority, however, may consider to grant exemption for submission of working drawing, structural drawing and soil investigation report in case the Competent Authority is satisfied that in the area where the proposed construction is to be taken, similar types of structure and soil investigation reports are already available on record and such request is from an individual owner/developer, having plot of not more than 500 sqmt. in size and for a maximum 3 storeyed residential building.”
As per the guidelines on "soil testing", if the local site conditions do not require any soil testing or if a soil testing indicates that no special structural design is required, a small building having ground + 1 or 2 floors, having load bearing structure, may be constructed.
If the proposed small house is to be constructed with load bearing tupe masonry construction technique, where no structural design is involved, no certificate from a Structural Designer will be required (to be attached with Form 2-D). However, a 'Special Building Information Schedule', appended herewith, has to be submitted, duly filled in.
Such load bearing masonry construction has to be done as per the following guidelines prepared by Dr.Anand Swarup Arya and published by Gujarat State Disaster Management Authority:
On receipt of the application for Development Permission, the Competent Authority after making such inquiry as it thinks fit may communicate its decisions granting or refusing permission to the applicant as per the provisions of the Act. The permission may be granted with or without conditions or subject to any general or special orders made by the State Government in this behalf. The Development permission shall be in Form No.D and it should be issued by an officer authorised by the Competent Authority in this behalf. Every order granting permission subject to conditions or refusing permission shall state the grounds for imposing such conditions or for such refusal.
The competent Authority, after making preliminary scrutiny of the plans received, may give preliminary development permission by taking an affidavit from the owner the margin built-up area, internal roads, open spaces, parking and common plots shall be kept as per G.D.C.R. After making final scrutiny of the plans the final development permission may be granted.
Provided that the Preliminary development permission shall be valid only for development up to plinth level. For development above the plinth level, regular development permission shall be taken, other wise such development shall be considered unauthorized development.
5.2 SUSPENSION OF PERMISSION
Development permission granted under the relevant section of the Act deems to be suspended in cases of resignation by any of the licenses till the new appointments are made during this period
construction shall not be done on the site. Any work on site during this time shall be treated as unauthorized development without any due permission.
5.3 GRANT OF DEVELOPMENT PERMISSION
5.3.1 GRANT OF DEVELOPMENT PERMISSION
shall mean acceptance by the Authority of the following requirements:
i) Permissible built-up area.
ii) Permissible floor space index.
iii) Height of a building and its various stories.
iv) Permissible open spaces enforced under regulations, C.P.,Marginal spaces, other open spaces, set backs etc.
v) Permissible use of land and built spaces.
vi) Arrangements of stairs, lifts, corridors and parking.
vii) Minimum requirements of high-rise buildings including N.O.C.from Fire Officer/Fire Safety Consultant as appointed by the Appropriate Authority.
viii) Minimum requirement of sanitary facility and other common facility.
ix) Required light and ventilation.
Provided that it shall not mean acceptance of correctness, confirmation, approval or endorsement of and shall not bind or render the Authority liable in any way in regard to:
i) title of the land or building.
ii) easement rights.
iii) variation in area from recorded areas of a plot or a building.
iv) structural reports and structural drawings.
v) workmanship and soundness of material used in construction of the building.
vi) location and boundary of the plot.
5.3.2 SERVICE AND AMENITIES FEES
Permission for carrying out any development shall be granted by the competent authority only on payment of service and amenities fees for execution of works referred to in clause [(vi)-a] of sub- section (I) of Section 23 of the Act and for provision of other services and amenities at the following rates in Ahmedabad Urban Complex Area as delineated in the Revised Development Plan of AUDA
This fees and maintenance charges may be revised on review by competent authority from time to time.
a)Service and amenities fees shall be levied as under for any development within the Ahmedabad Urban Complex excluding agricultural zone, and gamtal.
i) Rs.100.00 per sq. mt. of built up area for the intended development of all uses.
ii) Rs. 50.00 per sq. mt. of built up area of intended development for schools, colleges, educational institution, charitable trusts, government and semi government building.
Provided these regulation shall not be applicable in the town planning scheme area and in the approved existing buildings.These fees shall not be leviable once the intention of making a town planning scheme is declared.
b) However these service and amenities fees shall be adjusted against the net amount to be paid by the owner in the town planning scheme.
Notwithstanding any development permission granted under the Act and these regulations,any person undertaking any development work shall continue to be wholly and solely liable for any injury or damage or loss whatsoever that may be caused to any one in or around the areaduring such construction and no liability whatsoever in this regard shall be cast on the Authority.
5.5 RESPONSIBILITIES OF THE APPLICANT
Neither the grant of development permission nor the approval of the plans, drawings and specifications shall in any way relieve the applicant of the responsibility for carrying out the development in accordance with requirement of these regulations.
5.6 DEVELOPMENT WITHOUT PRIOR LEGITIMATE PERMISSION
In cases where development has already started/commenced on site for which development permission in writing of the Competent Authority is not obtained, but wher this development on site is in accordance with the provisions of these regulations, the development permission for such work on site without the prior permission may be granted by the Competent Authority on the merits of each individual case. For such development works, over and above such other charges/fees may be otherwise leviable, the additional amount shall be charged on such total built up area as per the following rates:
|1.Application for development permission is made but development is commenced as per submitted plan.
||5 times of regulation No. 3.2.1 to 3.2.4
|2Application is made but development has been commenced but not as per submitted plan.
||10times of regulation No. 3.2.1 to 3.2.4
|3 Application for development permission is not made and development is commenced.
||15times of regulation No. 3.2.1 to 3.2.4
|4.All other open uses including layout and sub-division of land.
||2 times of regulation No. 3.2.1 to 3.2.4
Minimum additional amount shall be Rs.1000.00 for residential and Rs.5000.00 for others.
5.7 DEVIATION DURING COURSE OF CONSTRUCTION
Notwithstanding anything stated in the above regulations it shall be incumbent on every person whose plans have been approved to submit revised (amended) plans for any deviations he proposes to make during the course of construction of his building work and the procedure laid down for plans or other documents here to before shall apply to all such Revised (amended) plans.
EXPLANATION: for 5.1 to 5.7:
This provision does not entitle the owner or his supervisor to make any deviations in contravention of the provisions of the Act, and these regulations.