GENERAL REQUIREMENTS



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.

4.5 INSPECTION

(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.

4.6 GENERAL

(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.

(4)CO-OWNERS CONSENT

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.

5.4 LIABILITY

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

NOTE:-

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.

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