01-INTRODUCTION



Introduction

Guwahati Metropolitan Development Authority adopted the Master Plan & Zoning Regulations of 1985 and Building Byelaws of erstwhile G.D.A. The enforcements of these Regulations were started by Authority from June, 1992 as per provision of the GMDA Act. Subsequently a new Building Byelaws was framed and adopted in June, 1998. In the process of implementing these provisions it was found that some of the provisions are now outdated and require major change to guide the development in more systematic manner, in keeping with the present trends of development. In the meantime Govt. also constituted a high level committee under the chairmanship of Dr. N.K. Choudhury, Ex. Vice Chancellor, Gauhati University to examine some of the aspects of construction of multistoreyed buildings whose report has already been accepted by the Govt. vide Govt. order No. GDD.65/2002/13, dated. 30th Nov/2002. Govt. has also asked the Authority to examine the requirement of amendments to existing rules and byelaws in the light of the recommendations of the committee. After examining all these aspects it is felt that there is an urgent need to modify some of the rules. Also after carefully studying the difficulties faced by the Authority in implementing the existing rules and byelaws during the last decade and in the light of the recommendations of Dr. N.K. Choudhury Committee’s report, the Authority has finally prepared a set of draft rules & byelaws where major modifications are made in the coverage, F.A.R., minimum plot size, set backs etc. to plug the loopholes of the existing rules. These revised draft byelaws also include some of the provisions for structural safety in natural hazards zones of India as recommended by the committee of experts constituted by Govt. of India, Ministry of Home Affairs, National Disaster Management Division with some minor modifications to suit local conditions. These draft rules are proposed to be incorporated in the existing byelaws. The inconsistent provisions of present Zoning Regulations & Building Byelaws will stand repealed as per section 126 of GMDA Act, 1985 once these new draft provisions are incorporated and adopted as per section 123 of GMDA Act.

The modifications and additions made to the Building Byelaws of GMDA is to be read with Byelaws of GMDA 1998.

The publication of these modified draft byelaws are made after Hon’ble High Court in its judgment on 1/7/04 in case No. W.P. (c) 4724/2004 lifted the restriction and allowed Authority to go for draft publication of draft Byelaws.

After the draft modifications were published on 5th Nov 2005 altogether 269 objections/ suggestions were received till dated 15/12/05 on this draft modifications. A Committee under the chairmanship of Secretary GDD & VC GMDA examined all the suggestions in detail.

(i) Accordingly the suggestions/ objections given in the 269 petitions were thoroughly examined and wherever correction and modifications are found to be required were made in the final Building Byelaws now published as per suggestions of this committee. While finalising the byelaws and the suggestions/ objections received by the Authority in addition to NBC 2005, Model Building-Byelaws formed by Town and Planning Organisation, Ministry of Urban Development, Govt. of India 2004 and Building Byelaws of some other cities and recommendations made by the Expert Committee, National Disaster Management Organisation were consulted before the finalisation of the byelaws.

(ii) Also some of the provisions of Building Byelaws & draft rules were made as per the prevailed NBC 1983. The modifications & some additional provisions given in the now published new NBC 2005 have been added and suitably modified in the Byelaws now finalised as per suggestions received.

              In this context it is to be clarified that the conceptions given in some objections that NBC 2005 is a legal document binding on all concerned is not true. The forwarding note of NBC 2005 (page VII) last para clearly states that codes are intended to serve as a model for adoption and guide to all govt. departments, municipal byelaws, other regulatory media, local bodies & cotes construction agencies for adoption completely or with suitable modifications to cater for local requirements in accordance with the provision of the code and accordingly Authority has also made adjustment while drafting the final byelaws, wherever found required.

              The new revised Building Byelaws is now being notified by the Authority for publication and implementation after the Hon’ble High Court lifted the restriction imposed on publication of final revised Building Byelaws in Misc Case No. 2483 of 2006 in W.P.(C) (Taken up) No. 1200 of 2006 on 22/11/2006.

              While dedicating this new revised Building Byelaws 2006 to the citizens of Guwahati it is earnestly hoped that everybody will lend his/her co-operation to the Authority in the enforcement of the provisions of these byelaws so as to make our city an ideal place to reside in.

Sd/ Chief Executive officer, Guwahati Metropolitan Dev. Authority, Bhangagarh, Guwahati-5.

BUILDING BYELAWS
FOR
GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY-2006

Preliminary

1. Short title, Extent and Commencement: -

1.1 These Byelaws may be called the “Building Byelaws” for the Guwahati Metropolitan Development Authority.

1.2 It shall extend to the whole of the Guwahati Metropolitan Area as notified by the Authority.

1.3 It shall come into force on such date as the Guwahati Metropolitan Development Authority may by notification appoint.

2. Definition:

In these Byelaws unless there is anything repugnant in the subject or context: -

2.1 “Advertising sign” means any sign, either free, standing or attached to a building or other structure which advertises a business or commercial establishment.

2.2 “Alley” means a public thoroughfare, which affords only a secondary means of access to abutting property and not intended for general traffic circulation.

2.3 “Apartment”: The building will be called apartment house when the building is arranged/intended/designed to be occupied by families independent to each other and with independent cooking facility professionally developed by private developers for the purpose of sale/lease to individual owners.

2.4 “Approved” means approved by the Authority by any officer to whom the power has been delegated by the Authority.

2.5 “Authority” means the Guwahati Metropolitan Development Authority constituted by the State Govt. under Section 4 of the Guwahati Metropolitan Development Authority Act, 1985 (Assam Act XX 1987).

2.6 “Balcony” means horizontal projection in upper floors to serve as a passage or sitting out place.

2.7 “Basement” means the lower storey of building partly below ground level.

2.8 “Bazar” means a place or area reserved or licensed by the Authority for the erection of shops or stalls or both.

2.9 “Building” means any construction for whatsoever materials construction and every part thereof, whether used as human habitation or not and includes plinth, walls, chimney drainage work, fixed platforms, verandah, balcony, cornice or projection, or part of a building on anything affixed thereof or any walls, earth bank, fence or other construction enclosing or delimiting or intended to enclose or delimit any land or space.

2.10 “Building Accessory” means a subordinate building or a portion of the main building the use of which is incidental to that of the dominant use of the building or the premises.

2.11 “Building height” means the vertical distance measured in the case of
flat roofs from the average level of ground around and contiguous to the building or as decided by Authority to the terrace of last livable floor of the building adjacent to external wall and in the case of pitched roofs, upto the point where the external surface of the outer wall intersects the finished surface of the sloping roof, and in the case of gaffles facing the road the mid point between the eaves level and the ridge. The architectural features serving no other function except that of decoration shall be excluded for the purpose of taking heights. If the building does not abut street the height shall be measured above the average level of the ground around and contiguous to the building. For hilly areas the vertical distance shall be measured from the lower floor level instead of average ground level as applicable in case of plain.

2.12 “Building line” means a line which is in rear of the street alignment and to which the main wall of a building abutting on a street may lawfully extend and beyond which no portion of the building may extend except as prescribed in these Byelaws.

2.13 “Building Industrial” means a building, which is wholly or predominantly used as a warehouse, factory, distillery, iron foundry and all other buildings put to or be put to any use permitted in the Zone by an authorized scheme applicable thereto.

2.14 “Building Office” means any building used or constructed or erected to be used ordinarily or occasionally for business purpose and no part of it is being used for living purpose except by the caretaker or his family.

2.15 “Building Public” means a building used or constructed or erected to be used ordinarily or occasionally as church, temple, mosque, or other places of public worships or as a hospital, dharamshala, college, school, theatre, cinema, public hall or lecture room, public exhibition room, public place or assembly or for any others public purpose.

2.16 “Building Residential” means a building used or constructed or expected to be used wholly or partially for human habitation and includes all garages, stables or other building apartment thereto.

2.17 “Carpet area” means the covered area of the usable rooms at any floor level (excluding the area of the wall).

2.18 “Chajja” means the sloping or horizontal structural projection usually provided over openings on external walls to provide protection from sun and rain.

2.19 “Ceiling height” means the vertical distance between the floor and the ceiling where a finished ceiling is not provided the underside of the joists or top of post plate in case of pitched roof shall determine the upper point of measurement.

2.20 “Concrete” means concrete in which steel rods or meshes are embedded to increase strength.

2.21 “Concrete plain” means concrete cast in place without metal reinforcement or reinforced only for shrinkage or temperature changes.

2.22 “Coverage” means the percentage ratio of the plinth area of the main and accessory buildings to the total area of the plot.

2.23 “Damp proof course” means consisting of some appropriate water proofing material at a height of not less than 6” above the surface of the adjoining ground.

2.24 “Drain” means any conduit used for the carriage of sewerage and sullage water from one building or a portion of the building.

2.25 “Drain-sewerage” means a drain used or constructed to be used for conveying solid or liquid waste matter, excremental or otherwise to a sewer.

2.26 “Drain-surface water” means a drain used or constructed to use solely for conveying to any drain any rain water but shall not include any rainwater pipe.

2.27 “Dwelling” means a building or portion thereof which is designed for use wholly or principally for residential purposes.

2.28 “Floor Area Ratio” (FAR) means quotient by dividing the total covered area (Plinth area) on all floors excluding exempted areas as given in this regulations into 100 by the area of the plot.

FAR=(Total covered area of all floors x 100)/(Plot area)

“Floor area” means covered area of a building at any floor level.

2.29 “Factory” means a place to which the provision of the Indian Factories Act of 1934 or any amendment thereof shall apply.

2.30 “Family” means a group of individuals normally of blood relation or connected by marriage living together as a single house keeping unit and having a common kitchen. Customary domestic servants shall be considered as adjunct to the term family.

2.31 “Filling station” means an area of land including any structures thereon that is or are used or designed to be used for the supply of gasoline or oil or fuel for the propulsion of vehicles. For the purpose of these Byelaws there shall be deemed to be included within this term any area or structure used or designed to be used for polishing, greasing, washing, spraying or otherwise cleaning or servicing such motor vehicles.

2.32 “Fire resisting material” means any of the incombustible materials or other suitable materials as approved by the engineer or architect.

2.33 “Garage private” means an accessory building designed or used for the storage of motor driven vehicles owned or used by the occupants of the building to which it is necessary.

2.34 “Garage public” means a building or portion thereof other than a private garage designed or used for repairing, serving, selling or storing motor driven vehicles.

2.35 “Habitable room” means a room occupied or designed for occupancy by one or more persons for study, living, sleeping, eating, kitchen if it is intended for use as a living room, but not including bathroom, water closet compartment, laundries, pantries, corridors, cellars.

2.36 “Hotel” means a building or a part of the building used as boarding place for more than 15 persons who are lodged with or without meals.

2.37 “Institution” means a building occupied by a no profit corporation or establishment for public use or benefit.

2.38 (a) “Latrine connected” means a latrine connected by a sewer system.

(b) “Latrine-septic” means latrine connected by a septic tank system.

2.39 “Mezzanine Floor”- An intermediate floor between two floors of any story forming an integral part of floor below.

2.40 “Non conforming use” means a building, structure, or use of land existing at the time of enforcement of the said Byelaws, and which do not conform to the regulation of the zone in which it is situated.

2.41 “Occupier” means any person paying or liable to pay the rent or any portion of the rent of the land or building in respect of which the work is due or compensation or premium on account of the occupation of such land and building and also a rent free tenant.

2.42 “Open space” means an area forming an integral part of the plot left open to the sky for the purpose of this Building Byelaws.

2.43 “Owner” means the person, when used in reference to any premises who receives the rent of the said premises or would be legally entitled to do so if the premises were let out. It also includes:

(a) an agent or trustee who is legally authorized to receive such rent on behalf of the owner.

(b) a receiver, executor or administrator or a manager appointed by any court of competent jurisdiction to have the charges of or to exercise the rights of owner of the said premises.

(c) a person having legal titleship over the premises /plot of land.

2.44 “Parking space” means an area enclosed or unenclosed, sufficient in size to store an automobile or any other conveyance together with a driveway connecting the parking space with a street, or alley and permitting ingress or egress of all such conveyances.

(a) Multilevel Car Parking- Project where in addition to permissible parking space on maximum FAR, three times additional space for car parking is provided.

2.45 “Pathway” means an approach constructed with materials such as bricks, concrete, stone asphalt or the like.

2.46 “Plinth” means the portion of a structure between the surface of the surrounding ground and surface of the floor immediately above the ground.

2.47 “Plot” means a parcel of land occupied or intended for occupancy by one main building, together with its accessory buildings and used customarily and incidental to it, including the vacant spaces required by these Bye-laws and having frontage upon a street or upon a private way that has officially been approved by the Authority.

2.48 “Plot corner” means a parcel of land at the junction of and frontage on, one, two or more intersecting streets.

2.49 (a) “Plot depth” means the horizontal distance between the front and rear lines.

(b) “Plot width” means the shorter distance from one side of the plot line to other measured through that part of the plot to be occupied by the building.

2.50 “Plot double frontage” means a plot having a frontage on two nonintersecting streets as distinguished from corner plot.

2.51 “Repairs” means any renovation applied to any structure, which does not in any way change the specification of the structure but saves the structure from further deterioration.

2.52 “Road” means and includes any highway, street, lane, pathway, alley, passageway, carriageway, footway, square, bridge, whether private or public, whether throughfare, or not whether existing or proposed in any scheme culverts, side walks and traffic islands.

2.53 “Sanctioned Plan” means the set of drawings and statements submitted under section of these Byelaws in connection with a building and sanctioned by a competent authority.

2.54 “Set back line” means a line parallel to the center line of a road or a street and laid down in each case by the Development Authority beyond which nothing can be erected or re-erected save with the particular and express sanction of the Authority.

2.55 “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 spaces between any floor and the ceiling next above it.

2.56 “Storey Ground” means that storey of a building to which there is an entrance from the outside of the adjoining ground or road and when there are two such storey, then the lower of the two shall be taken as the ground storey.

2.57 “Storey height of” means the vertical distance from the top surface of one floor to surface of the floor next above. The height of the top storey is the distance from the top surface of the floor to top surface of the ceiling joints.

2.58 “Tenement” means a part of a building intended or used or likely to be used as dwelling unit for a family.

2.59 “To abut” means to abut on a road such that any portion of the plot is on the road boundary.

2.60 “To construct” means to erect, re-erect or make materials alterations.

2.61 “To erect” means to construct a building for the first time or to reconstruct an existing building after demolishing it according to some fresh or revised plan.

2.62 “To re-erect” means a construction for a second time or subsequent further times a building or part of a building after demolishing it, on the same plan as has been previously sanctioned.

2.63 “To make alterations” means to make any modification in any existing building by way of addition or alteration, or any other change in the roof, window, door compound, sanitary and drainage system in any respect whatsoever. Opening of a window and providing inter communication doors shall be considered to be material alterations. Similarly modifications in respect gardening, whitewashing, painting, retiling and other decorative works-shall-not-be-material-alterations. It-is-further-included:

(a) Conversion of a building or any part thereof for human habitation as one dwelling house into more than one dwelling house and vice versa.

(b) Conversion of a building or a part thereof suitable for human habitation into-a-dwelling-house-or-vice-versa.

(c) Conversion of a dwelling house or a part thereof into a shop, warehouse or-factory-or-vice-versa,-and

(d) Conversion of a building used or intended to be used for one purpose such as shop warehouse or factory etc. into one or another purpose.

2.64 “Warehouse” means a building, the whole or substantial part of which is used or intended to be used for the storage of goods whether for keeping or for sale or any similar purpose but does not include a store room attached to and used for the proper functioning of a shop

2.65 “Water closet” means a privacy with arrangement for flushing the pan with water. It does not include a bathroom.

2.66 Workshop” means a building where not more than ten persons are employed in any repair or light manufacture, process.

2.67 “Yard” means an open space at ground level between a building and adjoining boundary lines of the plot unoccupied and unobstructed except by encroachments or structure specifically permitted by these Byelaws, on the same plot with a building. All yard measurements shall be the minimum distance between the front, rear and side yard plot boundaries, as the case may be, and the nearest plot of the building including enclosed or covered porch. Every part of every yard shall be accessible from every other part of the same yard.

2.68 “Yard-front” means a yard existing across the front of a plot between the side yard lines and the minimum horizontal distance between the street line and main building or any projection thereof other than steps, unenclosed chajja, ornamental decoration etc.

2.69 “Yard-rear” means a yard extending across the rear of a plot measured between plot boundaries and being the minimum horizontal distance between the rear plot boundary and the rear of the building or any projections other than steps, un-enclosed chajja, ornamental decorations. In a corner plot the rear yard shall be considered as parallel to the street upon which the plot has its least dimension, in both the corner and interior plot the rear yard shall be at the opposite end of the plot from this yard.

2.70 “yard-side” means a yard between the building and the side line of the plot and extending from the front line to the rear line of the plot and being the minimum horizontal distance between the side boundary line and the sides of a building or any other projections other than steps, unenclosed chajja, ornamental decorations.

2.71 Geo-technical Engineers: shall mean a Civil Engineer having at least 2 years experience in soil and foundation engineering under similar soil/ geo-technical/ slope conditions.

2.72 Group Housing: - means apartments or multistoreyed housing with more than 4 (four) building blocks in a plot where land is owned jointly and the construction is undertaken by a single agency.

2.73 Heritage Building means any building of one or more premises or any part thereof which requires preservation and conservation for historical, architectural, environmental, cultural or religious purpose includes such portion of the land adjoining such buildings as may be required.

2.74 Heritage Zone: - means the area around such heritage building as delineated by the Authority from time to time for restricting the height of building and use of building.

2.75 Multistoreyed or highrise buildings: - Means a building whose height is 15 meters or more measured from the average level of the central line of the street on which the site abuts or more than four floors excluding basement or stilt.

2.76 Mixed use building: - means a building having more than one use where the predominant use is maximum 2/3rd of the total use. The predominate use is to be in conformity with the zoning.

2.77 Structural Engineer: - shall mean an Engineer with at least 3 years experience in structural design or an Engineer with post Graduate degree in Structural Engineering.

2.78 Services in relation to a building means light and ventilation, electrical installation, air conditioning and heating, acoustics and sound, installation of lift and escalators, water supply, fire fighting, sewerage and drainage, gas supply, telephone and garbage disposal mechanism, landscape and environment.

2.79 Use group:- means the purpose for which the building or a part of building is used or intended to be used.

         The classification of building based on principal occupancy shall be as follows:

(a) Residential Buildings
These shall include any building, in which sleeping accommodation is provided for normal residential purposes with or without cooking or dining or both facilities, including one or two or multi-family dwellings, lodging dormitories, apartment houses, flats and hostels.

(b) Institutional Buildings
Institutional buildings ordinarily provide sleeping accommodation for the occupants and specialized non-commercial training centers. It includes hospital, sanatoria, custodial institutions and penal institutions like jails, prisons, mental hospitals and reformatories. These shall include any building used for school, college or day care purposes involving assembly for instruction, education or recreation where it is a part of education and other public and semi-public buildings.

(c) Assembly Buildings
These shall include any building or part of a building where groups of people congregate or gather for amusement, recreation, special, patriotic, civil travel and similar purposes, for example – marriage hall, theatres, motion picture houses, assembly halls, auditoria, libraries, exhibition halls, museums, skating rings, gymnasium, restaurants, dance halls, clubs, passenger stations and terminals of air, surface and other public transportation services, and stadia. These shall include any building used for religious purposes like prayers, puja, worship, religious or spiritual congregation, discourses, rituals and functions.

(d) Commercial Buildings
These shall include any building or part of a building which is used as shop, store, market for display and sale of merchandise either wholesale or retail, office, storage or service facilities incidental to the sale of merchandise and located in the same building shall be included under this group. These shall include any building or part of a building which is used for transaction of business and / or the keeping of accounts and records therefore including offices, banks, professional establishments etc. if their principal function is transaction of business or keeping of books and records.

(e) Industrial Buildings
These shall include any building or part of a building or structure, in which products or materials of all kinds and properties are fabricated, assembled or processed like assembly plants, laboratories, power plants, smoke houses, refineries, gas plants, mills, dairies, factories, etc.

(f) Storage Buildings
These shall include any building or part of building used primarily for the storage or sheltering of goods, wires, merchandise, like warehouses, cold storages, freight depots, transit sheds, store houses, garages, hangers, truck terminals, grain elevators, barns and stables.

(g) Hazardous Buildings
These shall include any building or part of a building which is used for the storage, handling, manufacture or processing of highly combustible or explosive materials or products which may produce poisonous fumes or explosions for storage, handling, manufacturing or processing which involve highly corrosive toxic or noxious alkalis, acids or other liquids or chemicals producing flame, fumes and explosive poisonous, irritant or corrosive gases, and for the storage, handling or processing of any material producing explosive mixtures or dust for which result in the division of matter in to fine particles subject to spontaneous ignition.

2.80. Building Means all types of permanent building defined here, 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". Definition of building shall also include "Unsafe Building" means a building which,
- is structurally unsafe,

- is insanitary,

- is not provided with adequate means of egress,

- constitutes a fire hazard,

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

2.81. 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 or one or more of these hazards.

2.82. Lifeline Building Those buildings which are of post earthquake importance such as hospital building, power house building, telephone exchange building, T.V. station, radio station, jail, police station, office of district administration, superintendent of police & police and administrative- H.Q.

2.83. Retrofitting  Retrofitting means upgrading the strength of an unsafe building by using suitable engineering techniques.

2.84. Quality Control This is related to construction quality and to control of variation in the material properties and structural adequacy. In case of concrete, it is the control of accuracy of all operations that affect the consistency and strength of concrete, batching, mixing, transporting, placing, curing and testing.

2.85. Quality Audit
Third party quality audit is a requirement for an independent assessment of the quality and seismic or cyclone resistant features of all the highrise buildings in earthquake zone IV and V of the country. The quality audit report shall consist of conformance or non-conformance of structures with the technical specifications for earthquake and cyclone resistance and to suggest remedies/ rectification, if any.

2.86. Quality Assurance
All planned and systematic actions necessary to ensure that the final product i.e. structure or structural elements will perform satisfactorily in service life.

2.87. Compliance
This is the verification of the properties of construction materials based on test data and verification of the strength and structural adequacy for various components of buildings and structures.

2.88. Non-Structural Component
Those components of buildings which do not contribute to the structural stability such as infill walls in R.C. frame buildings, glass panes, claddings,-parapet-walls,-chimneys-etc.

2.89. Registered Structural Engineer on Record (SER), Structural Design Agency on Record (SDAR), Construction Engineer on Record (CER) as Construction Management Agency on Record (CMAR), Quality Auditors on Record (QAR) as Quality Auditors on Record means the Registered Structural Engineers / Engineers/ Supervisors / Agency registered with Authority under the provision of these rules, qualified to take up the various work as mentioned in Chapter- VI.

2.90. Town Planner shall mean a Planner with graduate or postgraduate degree in town planning from a recognised institution or qualifications required for membership-of-the-Institute-of-Town-Planners,-India.

3. Interpretation:

3.1 In the Byelaws, the use of present tense includes the future tense, the masculine gender includes feminine and the neutral, the singular number includes the plural and the plural includes the singular, the word “person” includes a corporation, and “Signature” includes thumb impression made by a person who cannot write if his name is written near to such thumb impression.

3.2 Whenever size and dimensions of rooms and spaces within the building are specified, they shall mean the clear dimensions unless otherwise specified in these rules.

3.3 The definition of the terms, which are not covered by these regulations, shall be covered by definition prescribed by the GMDA Act, Master Plan for Guwahati and any other rules framed thereafter.

3.4 Clinic is a diagnostic center where patients are examined and investigated for diagnosis and relevant advices are given for management but the patients are not admitted as indoor patients as in a hospital or nursing home. Polyclinic is an institution of a group of doctors for examinations, diagnosis and advice to the patients belonging to various specialties in medicine. The basic difference of a Clinic from a hospital or nursing home is that the patients are not kept in its premises for diagnostic or other therapeutic purposes as is done in a nursing home or hospital.

3.5 Registered technical personnel (RTP) will mean a qualified personnel as Architect/ Engineer/ Planner/ Group of technical personnel/ Supervisor/ Plumber/ Electrician/ Mason/ Carpenter who has been enrolled/ licensed by the Authority.

4. Applicability of the Building Byelaws:

In addition to the provisions of GMDA Act, 1985 the Building Byelaws shall apply to the building regulations, activity, in the State of Assam under the jurisdiction of the Guwahati Metropolitan Development Authority area.

4.1 Where a building is erected, the Byelaws applies to the design and construction of the building.

4.2 Where the whole or any part of the building is removed, the Byelaws applies to the whole building whether removed or not.

4.3 Where the whole or any part or the building is demolished the Byelaws applies to any remaining part and to the work involved in demolition.

4.4 Where a building is altered the Byelaws applies to the whole building whether existing or new except that the Byelaws applies only to part if that part is completely self contained with respect to facilities and safety measures required by the Byelaws.

4.5 Where the occupancy of a building is changed, the Byelaws applies to all parts of the building affected by the change.

4.6 Existing approved building – Nothing in the Byelaws shall require the removal, alteration or abandonment, nor prevent continuance of the use or occupancy of an existing approved building, unless in the opinion of the Authority such building constitutes a hazard to the safety of the adjacent property or the occupants of the building itself.

5. Procedure regarding construction of buildings and subdivision/ transfer of private land

5.1 Notice: - Every person who intends to erect or re-erect or make material
alteration in any place in a building or part thereof, within the jurisdiction of Guwahati Metropolitan Development Authority, shall give notice in writing to the Chief Executive Officer of the Authority, his said intention in the form prescribed from time to time by the Authority and such notice shall be accompanied by the plans and conforming to the requirements of Section 25 and 29 of Act, 1985 in triplicate on blue or white prints. One copy shall be retained in the office of the Authority for record after issue of permission and the other two shall be returned to the applicant. (One copy for submission to Local body). In the event of Authority returning the plans after some observations they will have to comply with, in accordance with the Building Byelaws while no permission fees is required to be paid.

Note: Format of notice to erect or re-erect or make material alteration in a building as required under Clause 5.1 of Building Byelaws along with a checklist to ensure complete submission of documents to facilitate early disposal of cases shall be framed (i) for building upto G+2nd floor and (ii) for buildings G+3rd floor and above.

5.2 Exempted to Government: -

All Government (Central and State) or Semi Government Departments except the Defense Department shall also forward copies of their plans to the Authority complying with all the provisions of the Byelaws.

5.3 Plans accompanying notice: -

The following plans shall accompany the notice.

(a) Site Plan:-

The site plan drawn to a minimum scale of 1:200 and shall show-

(i) the boundaries of the site with dimensions and of any contiguous land belonging to the owner;

(ii) the position of the site in relation to neighboring streets with name of the street on which the building is situated;

(iii) the position of the building and all other buildings (if any) which the applicant intends to erect upon his land in relation to-

(1) The boundaries of the site and in case where the site has been partitioned, the boundaries of the portion owned by the applicant and also of the portions owned by other owners of that compact plot;

(2) The means of access from an existing street to the building;

(3) Space to be left around the building to secure free circulation of air, admission of light and access for scavenging purpose etc.

(iv) scale with north line;

(v) plot area, plinth area, each floor area;

(vi) location, name and width of each adjacent road or lane;

(vii) such other particulars as may be prescribed by the Authority.

5.3 (b) Building Plan:-

The detailed plans of the building and elevation and sections sent with the notice shall be accurately drawn to scale of 1:100. Adequate arrangement for proper drainage shall also be made. The plan shall include-

(i) Complete layout plan of the area or areas showing location and width of all streets dimensions, sizes and uses of all the plots.

(ii) Plans of all floors, accessory buildings and basement plan. Such drawings shall fairly indicate the size of rooms, size of windows and ventilators, size of door opening and stair runs.

(iii) Location of drains, sewers, public utility, electric lines, services, transformers.

(iv) Exact location of essential services such as W.C. sink, bath etc.

(v) Proposed and existing works should be clearly indicated in different colours (other than red) or in marking.

(vi) Sectional drawings showing clearly the sizes of footings, thickness of basement walls if any, all roof slabs and floor slabs, ceiling heights and parapet height with their materials. The section shall indicate the drainage and slope off the roof. At least one section shall be taken through the staircase.

(vii) Details of served privies (if any).

(viii) All street elevation.

(ix) Dimensions of the projected portions beyond the permissible building line i.e. chajja line.

(x) Scale with north line.

(XI) The existing ground level of the plot and proposed ground level in relation to abutting road level to be clearly mentioned in drawing.

(XII) For multistoreyed buildings an undertaking stating that debris or construction materials will not be stacked in public places leading to public nuisance. If the Authority finds that the applicant caused nuisance to public while executing construction necessary fine be compelled as per provisions in the byelaw.

(XIII) Detailed parking plan.

(XIV) Space used for storing construction materials during the time of construction.

(XV) The owner shall file an undertaking stating that he shall leave and surrender land for road widening, if required free of cost and he will not violate any rules, building byelaws, and that in case of violations the Authority shall be at liberty to summarily remove such deviations as per GMC/GMDA Act. (The form of undertaking shall be as at Appendix-VI)

5.3 (c) Service Plan-

Details of private water Supply, sewerage disposal system and details of building services, where required by Authority, shall be made available on a scale not less than 1:200.

5.3 (d) Specification-

General specification of the proposed constructions including a detail calculation sheet of FAR in the proposal showing detail as given in CL. 58.10.1 and 58.10.2 giving type of grade of materials to be used in the prescribed form duly signed by the R.T.P. of Architect/ Engineer/ Structural Engineer as the case may be and countersigned by applicant shall accompany the notice.

5.3 (e) Supervision-

The notice shall be further accompanied by a certificate of supervision in the prescribed form by the R.T.P. In the event of the said R.T.P. ceasing to be employed for the work, the further development work shall stand suspended till a new R.T.P. is appointed and his certificate of supervision along with a certificate for the work already done (either from the previous one or the present) accepted by the Authority. Additional documents, NOC that may be required other than those specified herein are given in subsequent chapters for various types of buildings.

5.3 (f) Any other statement as may be required by the Authority.

5.3 (g) Ownership Document- 

Titleship document to justify the ownership of land. In case land is not owned by applicant, lease deed or a NOC for allowing applicant for construction in the form of affidavit.

5.3 (h) Every person who intends to subdivide any plot of land or transfer any plot of land within Guwahati Metropolitan Area shall give notice in writing to the Authority of his said intention and such notice shall be accompanied by the plans and statements together with a development fees as prescribed in the Byelaw and with necessary document as prescribed in Section 2 of GMDA Act.

Note: (a) Subdivision of a residential building with proportionate share of land is subject to requirement of minimum plot size of land for residential use and a maximum of 6 (six) residential units.

(b) However for building falling under Assam Apartment (construction and transfer of ownership) Act, the provision of this Act will be followed.

5.3 (i) In addition to the requirement as prescribed above following additional-document-is-required.

(1) Land sale permission from Deputy Commissioner.

(2) All layout plans before submission to Authority shall be signed by owner(s) and by one of the following

(i) Architect holding a valid registration of the Council of Architect/ R.T.P of GMDA for layout plan of plots of measuring more than 0.5 HA and below 2.5 HA.

(ii) Town Planner qualified to be a member with Institute of Town Planners, India for plots measuring 2.5 HA and above.

(iii)In all layout plan a minimum of 5% of the land is to be reserved for parks/ playgrounds. This land has to be handed over to GMDA for its development as parks/ playgrounds free of cost.

(iv) The party should submit an affidavit along with the application form declaring the following: (a) Particulars of land, (b) Ownership of land, (c) That they have not applied for permission of the same building before any other authority and same is not rejected, (d) That they will construct the building as per approved plan, (e) They will submit completion certificate prior to obtaining electric connection, (f) That applicant will not occupy the building
without obtaining the occupancy certificate.

(v) The property tax should be submitted by the applicant during submission of application form to ensuring up-to-date payment of tax to GMC.

6. Signing the plans:-

All the plans and drawings shall be duly signed by the owner and the person preparing the plan, who shall be registered with Authority as specified in Appendix-II. 

7. Notice for alteration only: -

When the notice is only for an alteration of the building; only such plans and statements as may be necessary shall accompany the notice. 

8. Repairs: -

No such notice shall be deemed necessary for repairs in any existing building in accordance with the Byelaws. 

9. Deviation during construction: -

If during the construction of a building any departure from the sanctioned plan is intended to be made, sanction of the Authority shall be obtained before any change is made. 

10. Withdrawal of notice: -

The applicant may withdraw the notice and plans any time prior to its sanction and such action shall terminate all proceedings with respect to such notice but the fees paid shall in no case be refunded.

11. Inspection after submission of application: -

Each inspection shall be made within 10 days following receipt of application. At the first inspection the Authority through its agents shall determine to the best of his ability that plans submitted complies with the requirement of these Byelaws.

12. Fees for permission:

12.1 No application, petition, notice or appeal to the Authority in respect of permission for any development or sale of land shall be considered valid by the Authority unless and until the person giving the notice has paid the fees to the Authority at the following rate and the reference to the number and date for such payment is quoted in the notice. Provided that Central and State Govt. and the local authority need not pay this application fees; Provided further that these fees will be payable only once in respect of a particular application etc. until it is disposed of by the Authority and in relation to that particular application.

12.2 In the event of any doubt or dispute about any question relating to application fees the Authority’s decision shall be final. (Latest Rates may be Cosidered)

Sl.
No.
Type of Construction Rate (Rs.)
1 Residential Assam Type with Bamboo wall 1.50 per sqm.
Assam Type with Brick wall 3.00 per sqm.
2 Residential
R.C.C. Type
Ground floor 10.00 per sqm.
Upper floors 12.00 per sqm.

(ii) Application fees for re-erection of an existing building shall be same as for erection of a new building prescribed in (i) above.

(iii) Application fees for any addition or alteration of an existing building shall be same as for erection of a new building as prescribed in (i) above.

(iv)

Sl.
No.
Type of Construction Rate (Rs.)
1 Commercial (4 times the rate of RCC residential) (This includes Nursing Home and Hospital, Marriage Hall and Corporate Offices) Ground floor 40.00 per sqm.
Upper floors 48.00 per sqm.
2 Industrial & Godown (8 times the rate of RCC residential) Ground floor 80.00 per sqm.
Upper floors 96.00 per sqm.
3 Apartment, School, Semi Govt. undertaking and other uses (Two times the rate of RCC residential building) Ground floor 20.00 per sqm.
Upper floors 24.00 per sqm.

(v)
(A) In calculating the total floor area for determining the fees, fraction of Sq. meter, if any, shall be rounded to next higher integral, and subject-to-minimum-for-Rs.-100/- (A) Application fees for a Filling Station - Rs. 25,000.00/- + 4 times the rate of RCC residential

(B) Application fees for Cinema, Theatre, Multiplex etc.- Rs. 25,000.00/- + 4 times the rate of RCC residential.

(C) (i) Application fee for telephone tower – Rs. 25,000.00/-

(ii) Application fee for bridge

(a) Wooden/Bamboo bridge for pedestrian        -Rs. 100/- Lump-sum

(b) Wooden bridge for vehicular traffic              -Rs. 2000/-

(c) R.C.C. foot bridge for vehicular traffic        -Rs. 10,000/-

(d) R.C.C. foot bridge                                       -Rs. 1000/-

(D) Application fees for erection of R.C.C. or brick compound-walls:-

Iron grill or wire netting fencing with iron or R.C.C. brick columns shall be charged Rs. 50.00 per hundred R.M. of length or part thereof. For brick R.C.C. the rate shall be Rs. 200.00 per hundred R.M. of length or part thereof.

(E) Application fees for development of site including earth filling-shall-be-as-under-

(a) For residential, public and semi public, institutional etc. the rate of fees shall be Rs. 20.00 per unit as per Zoning Plan subject to a minimum of Rs.-50.00.

(b) For commercial, industrial, etc. the rate of fees shall be Rs. 60.00 per Zoning subject to a minimum of Rs. 150.00.

(F) Fees at the following rates shall be payable to the Authority for a landuse certificate for a particular site for a particular proposed construction. This is not a permission-for-actual-construction.

Residential Non-residential, except Filling Station and Theatre Filling Station/ Medium/ Industry Cinema/ Theatre
Huts and temporary sheds Other Huts and temporary sheds Other including light industry    
Rs. 50/- 250/- 100/- 500/- 1000/- 1500/-

(G) Fees for NOC for Electric Connection- Rs. 50/- for each application.

(H) Fees for appeal to Sub-Committee on Zoning Appeals:-

(i) Fees for appeal for residential building of any type Rs. 100.00 on flat rate basis.

(ii) Fees for nonresidential building Rs. 200.00 on flat rate basis.

(iii) Fees for cinema, theatre Rs. 1000.00 on flat rate basis.

(iv) Fees for filling station etc. Rs. 1000.00 on flat rate basis.

(I) Fee for proof checking of Structural Design Basic Report (SDBR) and proof checking of structural design as per Chapter- VI will be fixed by Authority separately.

12.4 Application fees for NOC for sale/ transfer/ sub-division of land is 1% of total value of land as fixed by D.C. Kamrup (Metro), which is to be paid after approval. However, a processing fee of Rs. 250/- to be paid with each application, which will be adjusted with the actual fee later-on-if-approved.

Miscellaneous fees item Rate of fees
(i) Renewal of building permission 15% of the fees paid for the original permit.
(ii) Duplicate copy of NOC Rs. 10.00 per copy.
(iii) Attestation of duplicate copies of approved plan. Rs. 10.00 per copy.
(iv) For furnishing copies of map. Rs. 25.00 per copy.
(v) Fees for revision of plan after approval 15% of the fees paid for original permit plus additional fees for additional area, if any.

12.6 Stacking of any building material in Govt. land/road will be fined by the Authority for the validity of the building plans and stocking charge shall be levied as given below ;-

(a) Rs. 2.00 per Sq. Mtr of covered area of the plot / month.

12.7 A building permission processing fee at the following rate is to be paid at the time of application. Actual fees to be paid once the proposal is approved before issue of formal NOC. This processing fee is not refundable but will be adjusted with building permission fees.

(i) A.T. building – Rs. 100/-

(ii) For building upto G+2 floor- Rs 500/- (Rupees Five Hundred) only.

(iii) For building above G+2 floor – Rs 2000/ - (Rupees Two Thousand) only.

(iv) Above 3nd floor added – Rs. 500/- Per floor.

(v) Processing fees for Assam Type Godown and Industrial Shed – Rs. 1000/-

12.8 The fee for structural design review panel for proof checking of designs and other construction management work etc. will be as per size and complexity of the project and will have to be born by the-applicant.

13. Construction not according to the plan: -

Should the Authority determine at any stage that the construction is not proceeding according to the sanctioned plan or is in violation of any of the provisions of these Byelaws, it shall notify the permit holder and all further construction shall be stopped until correction has-been-effected-and-approved-by-the-Authority. If the permit holder fails to comply with the requirements at any stage of construction, the Authority is empowered to cancel the building permit issued.

14. Sanction with or without modification or refusal: -

The Authority may either sanction or refuse the plans and statements or may sanction them with such modifications or directions as it may deem necessary and thereupon shall be ready-for-issue,-within-60-days. However, for proposals which are required to be scrutinised by the Committee for approval, the same will be ready for issue within 90 days

15. Duration of sanction:-

The sanction once accorded shall remain valid upto one year. Subsequent renewal is permissible for another three years. If however the building is not completed during this period, a fresh permission has to be obtained as per sec 27 of GMDA Act. The owner/applicant has to produce completion certificate within the validity period of permission, failing which the permission is deemed to be cancelled and the Security Deposit will be forfeited.

16. The owner, upon commencement of his work under a building permit, shall give notice to the Authority that he has started his work and the Authority shall cause inspection of the work to be made within 14 days following the receipt of the notice to verify that the building has been located in accordance with the sanctioned plans.

17. “Completion Certificate”:-

The owner through the licensed architect, engineer, structural engineer, as the case may be (RTP) who has supervised the construction, shall give notice to the Authority regarding completion of work described in the building permission. The completion certificate shall be submitted in the prescribed form by four sets of completion plan. One of the sets, duly certified as completion plan shall be returned to the owner along with the issue of full occupancy certificate. The certificate should also be accompanied by necessary NOC’s wherever required from other authorities like Director, Fire Service, Pollution Control Board or as per Assam Health Establishment Act 1993 & rules 1995 as the case may be for that particular building.

(a) “Occupancy Certificate”:- The Authority, on receipt of the completion certificate, shall inspect the work and sanction or refuse an occupancy certificate within 21 days from the date of receipt of completion certificate, after which period it shall be deemed to have been approved by the Authority for occupation provided the building has been constructed as per the sanctioned plans. Where the occupancy certificate is refused, the various reasons shall be quoted for rejection at the first instance itself.

(b) Part Occupancy Certificate:- Upon the request of the holder of the building permission the Authority may issue a part occupancy certificate for a building or part thereof before completion of the entire work as per building permission provided sufficient precautionary measures are taken by the holder of the building permission to ensure public safety and health safety. The part occupancy certificate shall be given by the Authority subject to the owner indemnifying the Authority as per the proforma given in Appendix-IV.

18 (a) Violation Penalty: -

Any person who contravenes any of the provisions of these Byelaws or any requirements or obligation imposed on him by virtue of these Byelaws or who interferes with or obstruct any person in
the discharge of his duties shall be guilty of an offence and upon conviction shall be punished by a fine not exceeding Rs. 1000/- per day and may also be imposed after the day of his first conviction.

(b) Existing buildings:- Nothing in the regulations shall require the removal, alteration or amendment or prevent the continuance of use and occupancy in a lawfully safety of life and property.

(c) The Authority shall have the power to carry out inspection of the work at various stages to ascertain whether the work is proceeding as per the provisions of rules and sanctioned plan. Section 88 of Guwahati Metropolitan Development Authority Act. 1985 shall apply for the action proposed to be taken for any violation/ deviation of sanctioned plan.

(d) No correspondence regarding building permission and land sale permission with the applicants will be served in their premises, but will be made available in the reception counter of the Authority and applicants are required to collect the same from the counter. This includes NOC and all objection letters relating to building permission & land sale.

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