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BHUBANESWAR DEVELOPMENT AUTHORITY PLANNING AND BUILDING STANDARDS REGULATIONS, 2001

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Reg.1 Short title, extent and commencement

       (1) These Regulations may be called the Bhubaneswar Development Authority (Planning and Building Standards) Regulations, 2001.
        (2) They shall extend to the whole of the area within the jurisdiction of Bhubaneswar Development Authority.
        (3) They shall come into force on the date of their publication in the Orissa Gazette.


Reg.2 Definitions

       In these Regulations, unless the context otherwise requires :
       (1) "Act" means the Orissa Development Authorities Act, 1982;
       (2) "air-conditioning" means the process of treating air so as to control simultaneously its temperature, humidity, cleanliness and distribution to meet the requirement of conditions space;
       (3) "Air Port Reference Point" means a designated point which is established in the horizontal plane at or near the geometric centre of the landing area;
       (4) "alteration" means a change from one occupancy to another, or a structural change, such as an addition to the area or height, or the removal of part of a buildings or any change to the structure such as the construction of, cutting into or removal of any wall, partition, column, beam, j

Reg.3 Application

       Subject to the provisions of the Act, these Regulations shall apply:
       (a) to the planning, design and construction of the building in case of erection of a building;
       (b) to all parts of the building whether removed or not, and in case of removal of whole or any part of a building;
       (c) to remaining part of the building after demolition and work involved in the demolition in case of demolition of whole or any part of a building;
       (d) to the whole building whether existing or new building (except only to that part of the building, which is consistent with these Regulations) in case of alteration of a building;
       (e) to all parts of the building affected by the change in case of change of occupancy of a building;

Reg.4 Limitations

Except as otherwise provided in the Act, the rules and the development plan, nothing in these Regulations shall require the removal, alteration, abandonment, or prevention of the continuous 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 occupants of the building itself or to the adjacent property.


Reg.5 Deemed permission

       (1) The construction of any building, in respect of which permission has been issued before the coming into force of these Regulations, shall, so far as it is not inconsistent with the provisions of these Regulations regarding provision of public utility services, and construction in heritage zone, continue to be validly made and the said permission shall be deemed to have been issued under the corresponding provisions of these Regulations.
        (2) Where any building has been constructed without an approved plan or with deviation of an approved plan, the provisions of these Regulations shall be insisted upon.


Reg.6 Application for Building Plan

       Any person who intends to erect, re-erect or make alterations or additions in any building or demolish any building, shall apply to the Authority in Form-I. Basing on this form, the authority may prescribe separate formats for different category of buildings and group housing.
        Such application shall be accompanied by the following documents.
       (a) Four copies of plans, duly signed by the persons who have prepared them, the builder and the applicant, showing,-
       (i) Site plan
       (ii) Layout plan with road(s);
       (iii) Plan of all floors;
       (iv) Four side elevations;
       (v) Sections;
       (vi)

Reg.7 Public utility service

       (1) Where in a particular area, a number of plans for erection of buildings are coming up, and the authorities in charge of public utility services cannot apportion the costs of such services from each building, the Vice-Chairman of the Authority may, in consultation with the competent authority in charge of that public utility service, make a total estimate for any public utility. The Vice-Chairman of the Authority may either take up such work or make arrangement for depositing the cost in respect of each such building with the authority in charge of the public utility service. This amount shall be kept in one or more separate joint accounts of Authority and the implementing agency of the public utility services, or in such manner as the Committee constituted under sub-clause [3] decides.
        (2) The pro-rata cost of any particular building shall be,-
     

Reg.8 Plans

       (1) All the plans shall be prepared and duly signed by a technical personnel (Viz-Architect, Engineer, Structural Engineer, Town Planner, Supervisor, Group, Agency) and Builder who shall indicate his name, address, registration or licence number on the body of the plan and in all other relevant documents. The plans shall also be signed by the concerned owner of the land.
        (2) The technical personnel and builder as specified in sub-clause (1) above shall have to be registered with the Authority. Their qualifications and competence shall be as per Schedule-1.
        (3) When it comes to the notice of the Planning Member, Engineering Member, any Member of the Authority, or any other person that a plan signed by technical personnel or builder referred to under Sub-clause (1), is in violation of the norms of this regulation he shall bring this to t

Reg.9 Permission

       (1) No permission shall be required for the following works relating to maintenance, repair, improvement or alteration of any building, provided such works do not otherwise violate any provision of these Regulations-
       (a) plastering and patch repairs, re-roofing, flooring and re-flooring, internal partition, white washing;
       (b) opening and closing windows, ventilators and doors not opening towards others property, replacing fallen bricks, stones, pillars, beams, etc;
       (c) construction or reconstruction of sun-shades/parapets/boundary walls, provided such construction does not exceed the maximum permissible covered area.
       (d) reconstruction of portions of buildings damaged by storm, rains fire, earthquake or any other natural calamity to the same extent

Reg.10 Decision of Authority

       (1) The Authority shall communicate its decision on the plan including refusing permission within two months from the date of receipt of the application by the Authority, the applicant shall draw the attention of the Vice-Chairman of the Authority with regard to his application, by registered post in Form-III,.
        (3) If, within a further period of one month from the date of receipt of the application drawing such attention as mentioned in sub regulation (2) above, the Authority does not communicate its decision, either granting or refusing permission, such permission shall be deemed to have been granted to the applicant on the date of immediately following the date of expiry of three months period.
        (4) A residential building may be constructed by the owner of the land of an approved layout without prior approval of the plan by the Author

Reg.11 Speaking order

The decisions of the Authority under Regulation 10 shall state the facts and grounds clearly along with the reasons for taking such decision.


Reg.12 Publication of the decision of the Authority

       (1) On the 7th day of every month the Authority shall publish a public notice containing the cases of permission/objection/rejection relating to the previous month by affixing a copy there of on the notice board of the Authority.
        (2) A copy of public notice as referred to in Sub-Regulation (1) shall be placed by the Vice Chairman of the Authority in its website, bda.bbsr.com.
        (3) This will be in addition to the notice to the applicant.


Reg.13 Maintenance of Register u/s 16(12) of the Act

A register in Form-IV containing the necessary particulars including information as to the manner in which applications for permission have been dealt with by the Authority shall be maintained, which shall be verified by the Vice Chairman of the Authority every month by the 15th of the succeeding month.


Reg.14 Notice to start work

The applicant (hereinafter referred to also "as the owner") under Regulation 6 shall give notice to the Authority of his intention to start work after receipt of permission under Regulation 10 in Form-V.


Reg.15 Deviation during construction

       (1) Any alteration which exceeds the approved floor area, FAR, covered area, height, or reduces the approved parking space and the public utility services which amounts to deviation, and shall not be permissible.
        (2) Minor alterations like shifting and enlarging of doors and windows, non-structural pillars and partition walls, which do not affect structural stability, or which do not conflict with these Regulation, may be undertaken by the owner and shall be reported to the Authority from time to time. Such alterations shall be clearly stated in the completion certificate. The decisions, if any, of the Authority, regarding the alterations so made shall be final.
        (3) Subject to the provisions of Sub-Regulation (2), any deviation from the approved plan of construction shall not be permitted.


Reg.16 Construction not according to plan

       (1) If the Authority finds at any stage that the construction is not being carried on according to the sanctioned plan or is in violation of any of the provisions of these Regulations, it shall notify the owner and no further construction shall be allowed until necessary corrections in the plan are made and the corrected plan is approved.
        (2) If the owner fails to comply with the requirements at any stage of construction, the Authority may cancel the building permission issued and shall cause notice of such cancellation to be pasted upon the said construction. If the owner is not traceable at his addressed given in the notice, pasting of such notice shall be considered as sufficient notification of cancellation to the owner thereof. No further work shall be undertaken or permitted upon such construction until a valid building permission is issued thereafter.
   &

Reg.17 Information at the site of construction

       The owner shall, during construction, affix the following in a conspicuous place on or near the construction site; in respect of which the permission was issued namely :
       (a) a copy of the building permission; and
       (b) a copy of the approved plans with all specifications.


Reg.18 Completion of construction

       (1) Every person erecting or re-erecting a building shall, within one month after completion of such building, give a notice in writing to the Authority, which shall be published in the public notice in the manner referred to in Regulation 12.
        (2) The Vice Chairman of the Authority may, if he so, desires, inspect the work within one month of receipt of the notice under Sub-regulation (1), through the Engineering Member or the Planning Member, or both, or their authorised representative.


Reg.19 Certificate for occupancy

       (1) The Planning Member with the approval of the Vice Chairman shall issue a certificate of fitness for occupancy, for part of a building during its construction or whole of the building after construction.
        (2) Such certificate shall be issued only after all utility services for the entire building are physically provided and the authorities in charge of public utility services are paid for the said services. The Vice Chairman shall ensure that such cost has been properly paid.
        (3) Where despite payment of fees for the public utilities, the same is not provided, the deposit will be refunded to the applicant with interest. The rate of interest will be decided by the Committee constituted under Regulation 7. Pending a decision of the Committee on the interest rate, the original deposit will be refunded. In such cases, occupancy certifica

Reg.20 Inspections

The Vice Chairman, and his authorised representatives shall be competent to inspect the building works at all reasonable hours during construction hours to satisfy themselves that such construction is consistent with the provisions of these Regulations and the approved plans.


Reg.21 Hazardous Building

       (1) If the Vice Chairman, after causing an inspection by himself, or his representative, is of the opinion that it is necessary to do so, may declare any building existing, completed, or under construction, hazardous.
        (2) Before such declaration, a show cause notice shall be issued giving 15 days time to the last known owner(s) or occupant(s) of the building. A copy of the notice shall also be published through affixture at the site. Either of the notices shall be deemed to be adequate. The notice shall also be published under Regulation 12. The show-cause, if any, received, shall be considered before passing an order under sub-clause (1) above.
        (3) Where action lies under Section 91 of the Act, action shall be initiated forthwith.
        (4) After such declaration under Sub-Regulation (1), the Vi

Reg.22 Art Commission

       (1) Where the building plan accompanying the application seeking permission, require the clearance by the Art Commission, Orissa, constituted under Section 88, the Authority shall grant the permission only after the clearance is given by the said Commission. In all other cases. Architectural Control shall be regulated according to the provisions of these Regulations.
        (2) The Authority, on the recommendation of the Art Commission, may issue public notices, from time to time, prescribing the architectural norms in different zones, in the manner prescribed in Regulation 12.


Reg.23 Construction near protected monuments

       (1) No construction or re-construction of any building, within a radius of 100 meters, or such other higher distance from any archaeological site, as may be decided by the Archaeological Survey of India and Orissa State Archaeological from time to time, from the outer boundary of a declared protected monument shall be permitted.
        (2) No construction above 1st floor and above 7 (seven) metres shall be allowed beyond a radius of 100 metres and within a radius of 300 metres of such monuments.
        (3) The construction or reconstruction of any building under Sub-Regulation (2) shall not be above 7 (Seven) metres of total height.
        (4) If a building or premises, not covered under The Ancient Monument Preservation Act, 1904, or the Ancient Monuments and Archaeological Sites and Remains Act, 1958, in the

Reg.24 Responsibility under the Regulations

       (1) Approval of plans and acceptance of any statement or document pertaining to such plan shall not exempt the owner or person or persons under whose supervision the building is constructed from their responsibilities imposed under these Regulations, or under any other law for the time being in force.
        (2) Approval of the plan would mean granting of permission to construct under these Regulations only and shall not mean among other things:
       (i) the title over the land or building;
       (ii) easement rights;
       (iii) variation in area from recorded area of a plot or a building;
       (iv) structural stability, and
       (v) workmanship and soundness of materials used in the construc

Reg.25 Deposit of Cost of public utilities service

The cost of public utility services shall be deposited before obtaining permission.


Reg.26 Restriction on permission

       Without prejudice to any other stipulation in these Regulations, no permission to construct a building on a site shall be granted.
       (i) in areas of natural waterways or drains, as detailed in the Development Plan, and the drainage plan prepared by WAPCOS, as modified from time to time.
       (ii) if the orientation of such building is not in harmony with the surroundings, as may be decided by the Art Commissioner;
       (iii) if the use to which the site is proposed to be put does not conform to the use earmarked in the Development Plan;
       (iv) if the building is to be constructed over or under a municipal drain, sewerage line, electrical line, water main, any other government or public land, or public utility services;
       

Reg.27 Distance from Electric lines

       No verandah, balcony or the like shall be allowed to be erected or re-erected or any additions or alterations shall be made to a building in a site within the distance specified below determined in accordance with the Indian Electricity Rules, 1956 between the building and any overhead electric supply line;
       MINIMUM DISTANCE FROM THE ELECTRIC LINE
       Table-1
        Vertical distance Horizontal distance in meters in meters
        Low and medium voltage
        lines and service lines 2.5 1.2
        High voltage lines up to and
        including 33,000 Volt 3.7 2.0
        Extra High voltage

Reg.28 Plantation and Roads

       (1) In every building area, at least 10% of the land shall be utilised for plantation, but in case of multi-storeyed buildings, at least 20% of the land shall be used for plantation. The plantation shall be completed by the time, the construction of the building is completed.
        (2) Every building shall have a public road of at least 6 metres width.
        (3) In case of a private road which gives access to one or more buildings, the owner of the said private road shall by way of gift transfer the same to the Local Authority for its maintenance.


Reg.29 Minimum Plot area for multi-storey building

       The minimum area of a site for construction of a multi-storeyed building shall not be less than 1000 square metres. The height of a multi-storeyed building shall be maintained according to the area of the site given in the table below:
       MINIMUM PLOT AREA REQUIREMENT FOR MULTI-STOREYED BUILDING
       Table-2
        Height of the building in metres Minimum area in square metres
        15 to 21 1000
        21 to 27 2000
        above 27 3000


Reg.30 Residential building

       (1) The Setbacks to be left in rear, left and right side around detached residential buildings up to two storeys shall be as per Table below.
       OPEN SPACES (SET-BACKS)
       FOR RESIDENTIAL (DETACHED) BUILDINGS (UPTO TWO STOREYS)
       Table-3
        1 Up to 10 1.0 1.0 1.0
        2 Above 10 and upto 15 2.0 1.5 1.5
        3 Above 15 and upto 25 2.0 1.5 2.0
        4 Above 25 2.0 2.0 3.0
        (2) For every additional storey above two storeys, a further set-back of not less than 0.5 meter on the sides and in the rear shall be provided.
        (3)

Reg.31 Commercial building

       (1) Excepts as otherwise expressly provided in these Regulations, the open spaces (setbacks) to be left around, the maximum number of floors, the maximum percentage of coverage, the Floor Area Ratio and maximum height in respect of commercial buildings shall be as given in table below:
       HEIGHT, COVERAGE, FAR FOR COMMERCIAL BUILDINGS
       Table-6
        Upto 100 75 1.5 9 1.5
        101 to 200 70 1.5 9 1.5
        201 to 300 70 1.75 12 1.5
        301 to 400 65 1.75 12 2.0
        401 to 500 55 2.0 18 2.0
        501 to 1000 50 2.0 18 3.0
        1001 to 2001 50 2.0 24 4.0
 

Reg.32 FAR restriction for lesser road width

Where sites for residential and commercial buildings do not face or abut a road of the required width as specified in Regulation 30 (4) and 31(1), the front setback and the coverage of the building shall be regulated according to the size of the plot, but height and Floor Area Ratio shall be regulated according to width of the road along which the concerned site is located. The coverage shall be reduced to provide for roads of lower width.


Reg.33 Institutional building

       (1) For buildings of less than 15 metres height to be used for institutional, religious, educational and assembly purpose, the open space, coverage and F.A.R. requirements shall be as per the provisions of Table below :
       OPEN SPACE REQUIREMENT FOR INSTITUTIONAL BUILDINGS
       (INCLUDING RELIGIOUS EDUCATIONAL AND ASSEMBLY) UPTO 15 METRES OF HEIGHT
       Table-8
        Up to 500 6 M 3 M 3 M 1.50 40%
        500-1000 9 M 3 M 3 M 1.50 35%
        Above 1000 12 M 3 M 3 M 1.75 30%
        (2) All Institutional, Assembly, Commercial and Industrial Buildings shall contain at least two doors for entry and exit and shall provide adequate toilet facility separately

Reg.34 Cinema and Theatre building

       (1) The relevant provisions of the Orissa Cinemas (Regulation) Rules, 1954 shall apply for planning, designing and construction of Cinema and Theatre buildings and plan and design shall be made as per Table below-
       OPEN SPACE REQUIREMENT FOR CINEMA/THEATRE BUILDINGS
       Table-9
        2000 9 6 5 1.0 35%
        3000 12 6 5 1.5 35%
        (2) No permission for construction of a building to be used as a cinema hall, theatre or auditoria for cultural show shall be granted unless the construction of such buildings conform to the provisions of the Orissa Cinema (Regulations) Act, 1954 and the Orissa Cinematography Rules, 1939 or any other law in force in the State.
        (3) No permission to co

Reg.35 Industrial buildings

       (1) The open space, F.A.R. and coverage for industrial buildings shall be as in Table below :
       OPEN SPACE (SETBACKS) AND THE F.A.R. FOR INDUSTRIAL BUILDINGS
       Table-10
        Up to 500 4.0 3.0 3.0 0.6 50%
        + 500 to 1000 6.0 4.5 4.5 0.6 50%
        + 1000 to 5000 9.0 5.0 5.0 0.6 45%
        + 5000 to 30,000 9.0 9.0 6.0 0.5 40%
        Above 30,000 15.0 15.0 10.0 0.4 40%
        (2) Vacant space shall be maintained with the following distances for all time for storage shed used for the storage of liquefied petroleum gas cylinder between any building, public space, public road or any adjoining property which may

Reg.36 Interior open space

       (1) At least one side of all the rooms intended for human habitation, if such room does not abut on the front or the rear or the side setbacks, shall abut on an interior open space whose minimum dimension shall be 3 metres X 3 metres in cases of buildings up to a height of 12 metres. In cases where the height of the building is more than 12 metres, the width of the interior open space shall be increased at the rate of one metre for every additional 3 (three) meters height. This provision shall be applicable to all categories of buildings, namely, residential, group housing, commercial, public, semi-public and Industrial.
        (2) In case any interior open space is intended to be used for the benefit of more than one building belonging to the same owner, the width of such open space shall be the one specified for the tallest building abutting on such open space provided that such open s

Reg.37 Height of a building

       (1) The height of the building shall be governed by the limitations of Floor Area Ratio, open space (setbacks), and the width of the street facing the plot described as detailed below :
       (a) The maximum height of a building shall in no case exceed 1.5 X the width of the road to which the plot abuts + the front setback.
       (b) If a building abuts on two or more streets of different widths, the building shall be deemed to face upon the street that has the greater width and the height of the building shall be regulated by the width of the street.
        (2) Notwithstanding any thing contained in Sub-Regulation (1) & (2) the height restrictions with respect to approach Funnels and Transitional area of Airport as detailed in Table-12 & 13 shall be adhered to.
       HEIG

Reg.38 Height exemption of a building

Roof tanks and their supports, not exceeding 1 (one) metre in height, ventilation, air-conditioning, lift-room and similar service equipment, stair cover, not exceeding 3 (three) metres in height, chimney other than barsaties, parapet wall and architectural features including terrace, gardening, plants not exceeding 1.5 metres in height, shall not be included in the height of the building, provided the aggregate area of such structures including barsati shall not exceed one third of the area of the building upon which they are erected.


Reg.39 Exemption in Open space

       (1) Every open space provided either interior or exterior in respect or any building shall be kept free from any erection thereon and shall be open to the sky and no cornice, roof, or weather shade of more than 0.6 metre in width shall overhang or project over such open space.
        (2) A portico of up to 2.4 metres width and 4.5 metres length with a height of 2.1 metres from the plinth level may be permitted within the side setback. A garage is permissible at the rear end of side open space provided no openings are located on the side and rear boundary. Access to the top of the portico/garage should not affect the privacy of the neighbouring plot.
        (3) The portico provided as above should not rest on the boundary wall and should be open to provide through excess to the rear. In case the Portico is not a cantilevered one and supported by pill

Reg.40 Building Line

       The following building lines shall be maintained for construction of building aboutting arterial roads :-
       DISTANCE OF BUILDING LINES FROM ARTERIAL ROADS
       Table-14
        92 metres (300 feet) 7.5 metres (25 feet)
        65.5 metres (200 feet) 6.0 metres (20 feet)
        46 metres (150 feet) 4.5 metres (15 feet)
        30.8 metres (100 feet) 4.5 metres (15 feet)


Reg.41 Off Street Parking Space

       (1) Each off-street parking space for one four wheeled vehicle shall not be less than 15 square metres. For scooters and cycles it shall not be less than 1.5 and 1.0 square meter respectively.
        (2) One parking unit shall have parking space of at least 40 square metre.
        (3) For buildings of different Category of occupancies, off-street parking space for vehicles shall be, as specified in the table below.
       OFF-STREET PARKING SPACE
       FOR DIFFERENT CATEGORY OF OCCUPANCIES
       Table-15
        (1) (2) (3)
        (4) Notwithstanding anything contained in sub-regulation (2) of this regulation, for shop plots up to 100 square metres, provision

Reg.42 Drainage and Sewerage

       (1) It shall be the responsibility of the builder or the owner of the building to ensure that the plinth is high enough to prevent drainage/sewerage water entering into the lowest floor at the highest recorded level of rainfall.
        (2) No permission shall be granted for construction over the eleven drains identified by WAPCOS and incorporated in Comprehensive Development Plan.
        (3) No permission shall be granted for construction over an existing tank after refilling, or a tank refilled within a period of one year prior to the date of notification of those regulations.
        (4) Where any construction is taken up over any drain, or waterway, the Vice Chairman can, apart from taking action for removal of the constructions, take action for recovery of the cost of restoration of adequate drainage. The ra

Reg.43 Basement

       (1) Basement shall not be permitted in low lying area and areas without adequate drainage facilities to ensure drainage from the basement.
        (2) Construction of a basement may be allowed by the Authority in accordance with the provisions contained in the development plan applicable to the concerned area.
        (3) Basement shall not be used for residence, institution and industries, However, it may be used for parking and other uses as specified below :-
       (i) Storage of house-hold or other non-flammable materials;
       (ii) Dark room.
       (iii) Strong room, bank cellers etc;
       (iv) Installation of air-conditioning equipments and other machines used for service and utilities of b

Reg.44 Provision of Lift

Lift shall be provided for buildings above 10 metres height in case of apartments, Commercial, institution land office buildings.


Reg.45 Mezzanine

Mezzanine floor may be permitted above any floor in all types of buildings up to an extent of one-third of the actual covered area of that floor. All Mezzanine floors shall be counted toward FAR calculation, except the mezzanine floor over the ground floor.


Reg.46 Heritage Zone

       (1) (a) In 18 revenue villages as referred to in Regulation-50 which includes the Heritage Zone identified in the Comprehensive Development Plan area of Bhubaneswar, all multi-storeyed buildings are prohibited and maximum building height is limited to 10.0 metres with a maximum Floor Area Ratio of 1.5.
        (b) The Authority may notify the Heritage Zone in consultation with the Archaeological Survey of India, State Department of Archaeology, Bhubaneswar Municipal Corporation and in Art Commission.
        (2) In areas covered under the Heritage Zone the architectural features, facades, materials of walls, and of buildings shall be subject to the provision of Regulation 22.
        (3) In case of sandstone structure with Kalinga style roofs, all fees other than the charges for public utility services shall be ch

Reg.47 Barrier free access for the disabled

Adequate provision for facilitating easy access of disabled persons shall be made in all public buildings in accordance with the provisions of National Building Code of India including the minimum facility to reach the staircase/lift without any barrier.


Reg.48 Precedent

The Authority may take into consideration the information of an applicant for a building relating to cases of relaxations granted by the Authority in the same area, zone or in similar cases while deciding the cases under Regulation 10.


Reg.49 Quality of work

The Vice Chairman of the Authority shall ensure, through inspections, that the quality of work is proper and the availability of public utilities is adequate, during and after construction.


Reg.50 Restriction on construction of Multi-storeyed building

       (1) Construction of multi-storeyed building shall not be permitted in the following villages of the Bhubaneswar Development Area, namely :
        (2) The Authority may restrict construction of multistoreyed buildings in any other area on the basis of objective assessment of the available infrastructure facility and planning needs after obtaining due approval of the Government.
        (3) Before commencement of these Regulations, where permission has been granted conditionally, such cases shall be dealt with under these Regulations as far as possible, without any major change, or without removal of construction. However, where violation of Heritage Zone conditions has occurred, this relation will not apply.


Reg.51 .

       No multi-storeyed building shall be allowed to be constructed:
       (a) With approach road less than 12 metes width;
       (b) Within 100 (One hundred) metres from the centre of a National Highway on either side;
       (c) Within 300 (three hundred) metres of the boundary line of any old temple or historical monuments or site of archaeological importance recognised by the Archaeological Survey of India, State protected monuments outside the Heritage Zone of the Comprehensive Development Plan;
       (d) Within 100 (hundred) metres from boundary of the Railway track of the Indian Railway; and;
       (e) Within the heritage zone;
       (f) Within one kilometre from the reference point of an Airport

Reg.52 Application for construction of Multistoreyed building

       (1) Every application for approval of the site and building plan and permission to construct or reconstruct or alter or add to, a multi-storeyed building shall, in addition to the prescribed scrutiny fee under the rules and other fees as prescribed by the Authority from time to time and the applicable particulars required, be accompanied with the following further particulars, namely :-
       (i) A key plan showing
       (a) the means of access from the street or streets to all the buildings existing and proposed at the site, to the parking space and facilities provided at the site for scavengers and fire protection;
       (b) the spaces to be left around the building for access, parking, circulation of air, light and other amenity;
       (c) the disposal system of storm a

Reg.53 Permission for construction of multi-storeyed building

       Permission for construction of a multi-storeyed building shall be given in two stages, namely :-
       (i) initially for construction up to 75% of the proposed building height; and
       (ii) at the second stage, after proper compliance of the provisions contained in Regulation-25 and sub-Regulation (1) of Regulation-28.


Reg.54 Commencement of work

       (1) Every applicant or builder or owner shall submit a notice regarding his intention to commence the foundation work of the proposed multi-storeyed building to the Authority through the authorised technical person. The said notice shall be accompanied by the approved plan and should be in Form-V.
        (2) Soon after the receipt of the notice referred to in sub-clause (1) above, the Authority shall send a team of officer as decided by the Authority to the proposed building site and the layout for foundation of the proposed multi-storeyed building shall be made in presence of those officers. The team shall also submit a report to the Authority to the effect that the layout has been made as per the approved plan.
        (3) During or soon after the construction of the foundation work of the multi-storeyed building, the Vice-Chairman of the Authority

Reg.55 Liability of defective construction

       (1) For defective constructions, the Vice Chairman shall sue the owners, builders, architects, and the engineers for both civil and criminal liabilities, besides taking action under these Regulations.
        (2) Without prejudice to the provisions of the Act, the actions to be taken by the Vice Chairman shall include stop construction notices, cancellation of permission, and removal of unauthorised constructions. Such actions shall be notified under Regulation 12.


Reg.56 Maintenance

       (1) The main entrance to the premises shall not be less than 5 (five) metres in width in order to allow easy access to fire engine. The gate shall fold back against the compound wall of the premises, thus leaving the exterior access way, within the plot, free for the movement of fire service vehicles. If archway is provided over the main entrances, the height of the archway shall not be less than 5(five) metres.
        (2) For multi-storeyed group housing scheme on one plot, the access way within the premises shall not be less than 7.5 (seven and half) metres in width and between individual building blocks, there shall be an open un-built space of 6 (six) metres.
        (3) The space set apart for providing access within the premises shall, in no case, be included in the calculation of requirements pertaining to parking spaces and other amenities re

Reg.57 Exit

       (1) Every multi-storeyed building meant for human occupation or assembly, shall be provided with exist sufficient to permit safe escape of the occupants in case of fire or other emergencies.
        (2) An exit may be a door-way, corridor, passage way to an internal or external staircase or to a verandah or roof or terrace having access to a street.
        (3) Exits shall be so arranged as to provide continuous means of access to the exterior of a building or exterior open space leading to a street without passing through any occupied unit.
        (4) Exits shall be selected that the travel distance on the floor shall not exceed twenty metres in case of residential, educational, institutional and hazardous occupancies and thirty metres in the case of assembly, business, mercantile, industrial and storage occupan

Reg.58 Parking space

(1) The provisions of Regulation 41 shall apply for providing parking spaces within the premises of a multi-storeyed building.


Reg.59 Mandatory provision

       (1) Every multi-storeyed building shall provide one or more rain water harvesting structures. The total dimension of recharging/percolating pits/trenches should be at least at the rate of 6 [six] cubic metres dimension for every 100 [one hundred] square metres of roof area. Provided further that such rain water harvesting structure may also be provided in case of Residential Apartment, Institutional Buildings and Administrative Buildings.
        (2) Every multi-storeyed building shall provide red lights on the roof facing the sky of a minimum wattage of 500. This can be of one or more units; but the minimum wattage of one unit shall be 100 watts.


Reg.60 Lifts

Lifts shall be provided in all multi-storeyed buildings irrespective of the use. The lifts provided shall not be considered as means of escape in case of emergencies. An extra staircase shall be provided as a means of escape during emergency.


Reg.61 Floor area ratio and setback

       In case of multi-storied buildings, the maximum Floor Area Ratio shall be 2.00, and the maximum ground coverage shall be 50%. Out of the balance area, at least 20% shall be covered by plantation.
       (a) The minimum side and rear set-back for the multi-storeyed building shall be 1/3rd (One third) of the height of the building.
       (b) The minimum front setback for the multi-storeyed building shall be 1/3rd (one third) of the height of the building +1 (one) metre.
       (c) The following services and structures shall not be included in the calculation of floor area ratio namely :-
       (i) a basement or cellar or covered space under a building constructed on stilt (not exceeding 2.56 metres in height), provided that it is used for parking, installation of air condition

Reg.62 Building height

       (1) Notwithstanding anything contained in these Regulations, no building exceeding 27 (twenty seven) meters in height shall be permitted within the Bhubaneswar Development Area, except with the Approval of the full Authority, as stated in sub regulation [2] below.
(2) The Authority shall not issue permission on case to case basis. The Authority, in a full meeting, shall specify the mouzas and units where buildings above 27 (twenty seven) metres height may be taken up. Before taking a decision on this, the concurrence of the Art Commission and the Airport Authority of India shall be obtained. A draft notification shall be published by the Authority, inviting suggestions and objections, giving thirty days time under Regulation 12. After receipt of the objections and suggestions, if any, will be considered by the full Authority, and a decision will be taken. The areas in which buildings above 27 [twenty seven] metres height

Reg.63 Departure from approved plan

If during the construction of a building any substantial departure from the approved plan is intended to be made by way of internal alterations or modifications, which will increase the potential occupancy, prior sanction of the Authority shall be obtained. The revised plan showing the deviation shall be submitted and the procedure laid down in these Regulations shall apply to such revised plan.


Reg.64 Inspection

       (1) The Vice-chairman of the Authority or his authorised representative shall inspect the building from time to time during construction.
        (2) If at any stage of construction it is noticed that there is possibility of threat to the structural stability of a multi-storeyed building on account of addition of extra loads, both horizontally and vertically, addition of extra floors or poor construction practices by using low quality materials etc, the Authority shall get the building inspected by its own technical personnel or by engaging experts from reputed institutes or farms. The expenditure incurred in this connection shall be realised from the builder or owner of the building.
        (3) The authorised technical person or the expert engaged for the above purpose shall inspect the building and carry out such tests if required as per the provis

Reg.65 Penal Action against Builders/Technical personnel

       (1) Not withstanding any thing contained in these regulation the Authority reserves the right to debar/black list the builder/technical person who has divulged from the professional conduct or has made any fraudulent statement or has misrepresented/suppressed any material facts in his application/plan or has involved in construction of the building deviating from the approved plan/norms of these Regulation.
        (2) Before taking any action under clause (1) specified above the Vice-chairman of the Authority shall issue a notice specifying the reasons thereof asking for a show-cause within 15 days as to why such builder/technical person shall not be debarred/black listed. After receipt of the show cause, if any, the Vice-Chairman shall place the matter before the Authority for a decision on debarring/blacklisting the technical person/builder. The decision of the Authority in this regard

Reg.66 Occupancy of the building

       (1) No person shall occupy or allow any other person to occupy any part of the multi-storied building for any purpose until such building or any part of it, as the case may be, is granted occupancy certificate by the Authority.
        (2) The builder shall cause to register an Association of apartment owners as required under the Orissa Apartment Ownership Act, 1982, before occupancy certificate for 50% or more of the floor area is given.
        (3) The Builder shall submit a copy of the agreement it has entered into with the apartment owners. This agreement shall show the terms of maintenance of public utilities.


Reg.67 Completion of construction

       Every applicant or owner shall submit a notice in Form-VII regarding completion of the construction of multi-storied building, to the Authority through the registered Architect, who has supervised the construction. The said notice shall be accompanied with the following documents.
       (a) Three copies of plan of the completed building.
       (b) A fee of Rs.5000.
       (c) Record of Rights relating to ownership.
       (d) Evidence that all public utility services, and in particular, sewerage, drainage, water supply, and electricity have been linked to the main public utility system.


Reg.68 Issue of occupancy certificate

       (1) The Vice Chairman on receipt of the notice of completion, alongwith all the required documents, shall take a decision to either issue or refuse occupancy certificate in Form-X within thirty days from the date of receipt of such notice. This fact shall be published in the public notice in the manner referred to in Regulation 12.
        (2) If the occupancy certificate is not issued by the Authority within sixty days from the receipt of notice under Regulation 61, the owner can prefer an appeal under Section 18 or 103 of the Act.
        (3) Where occupancy certificate is refused by the Authority, reasons, thereof shall be communicated to the applicant and the same shall be published under Regulation 12. An appeal against such a decision will lie under Section 18 or 103 of the Act. The Appellate Authority shall be competent to seek the views of, an

Reg.69 Zoning

       In the Development Plan area various use zones namely, residential, commercial, industrial, administrative, institutional, open space uses, transport and communication use, green belt and natural drainage channel and water bodies having their zonal boundaries as indicated in the development plan shall be regulated as per the Table under Regulation-67. Except as otherwise provided no structure or land hereinafter shall be used and no structure shall be erected, re-erected or altered unless use is in conformity with the Regulations.
        (2) All existing places of worship, temples, churches, mosques etc. and burial and cremation ground shall be exempted from being treated as non-conforming uses, provided that continuance of such uses are not determinately to the locality.
        (3) All non-conforming uses of land and buildings shall be discontinued

Reg.70 Different use of land

       (1) Permission for different uses shall be accorded outright for principal use earmarked in the different zones described in column (2) of the Table No.17.
        (2) Upto 30% of the land in a permissible zone can be utilised for the purpose of ancillary and compatible uses as specified in column (3) of the said table. Permission shall be granted on first-come-first serve basis.
        (3) The purposes specified in column (4) of the said table shall not be permitted in the areas reserved for particular uses.
        (4) In the open space use zone, activities like parks, playgrounds, temporary fairs, plantations, may be taken up. Only Residential buildings may also be permitted in the open space use zone if the following conditions are satisfied along with other conditions of these Regulations.
  &nb

Reg.71 Restriction on compounding

       (1) Any deviation pertaining to unauthorised development shall not be compounded :
       (i) where construction has been undertaken on Government land or land belonging to local body or a land not owned by the person undertaking such development.
       (ii) where FAR or height has been exceeded or front setback has been reduced from the prescribed norms under these regulation and/or charges for public utility services has not been deposited;
       (iii) where development has been undertaken un-authorisedly within the prohibited limits of any ancient or archaeological monuments or where such developments interfere with the natural drainage of the locality;
       (iv) where development has been undertaken unauthorisedly over the area earmarked or approved for parking; and,<

Reg.72 Power of the Govt. to exempt

       (1) Not withstanding anything containing in these, Regulation, the Government may compound any deviations in the constructions undertaken prior to enforcement of these Regulations.
        (2) For the purpose of compounding the deviations under clause-(1) the Government may formulate a Scheme specifying a maximum time period of four months after publication of the same in the Gazette, local news paper, electronic media and Web site of the Government and Authority.
        Note- The above two clauses shall seize its effect after six months from the date of publication of this Regulation.


Reg.73 Compounding amount

       (1) The compounding amount shall be such as may be decided by the Authority with approval of the Government from time to time.
        (2) At least 50% of the compounding amount shall be utilised for development of public utility services, and protection of heritage sites and structures.
        (3) The instances of compounding, the compounding amount collected, and the amount utilised for development or deposited with agencies of public utility services shall be published in the public notice in the manner referred to in Regulation 12.


Reg.74 Unauthorised construction

       (1) The Secretary of the Authority shall be competent to order for removal of any construction which in his opinion, is in violation of any of the provisions of the Act, rules, or these Regulations, under the Act.
        (2) The Secretary of the Authority may, if he is of such opinion, seek the advice of the Vice-Chairman regarding implementation of any provision of these Regulations.
        (3) The Vice-Chairman may call for any records, and in writing, give direction to the Secretary for implementation of any provision of these Regulations.


Reg.75 Repeal and Savings

       (1) The Bhubaneswar Development Authority (Multi-storeyed Buildings) Regulations, 1998 and the Bhubaneswar Development Authority (Planning and Building Standards) Regulations, 1993 are hereby repealed.
        (2) Notwithstanding such repeal, anything done or any action taken under the said Regulations so repealed shall be deemed to have been done or taken under these Regulations, and those pending on the date of commencement of these Regulations, shall be done or taken under the provisions of these Regulations.
        (3) Where a plan had been approved in relaxation of the norms of earlier Regulations, through compounding or otherwise, and subsequently new construction has been taken up without plan approval, or, where, permission for fresh construction is sought for, the stipulations of the present Regulation shall apply.
    

Reg.76 Educating the People

       (1) The Authority shall take a pro-active role in educating the land owners within their jurisdiction so that (a) there will be a planned growth within development area and (b) expensive demolition will be avoided.
        (2) A copy of these Regulations shall be printed by the Authority and sold to public in the sales counter of the Authority.


Reg.77 Interim Development Plans

       (1) The Authority may prepare Interim Development Plans (IDP) for newly included development areas including stitiban/ryoti land within a reasonable time frame so that development may not be held up in the name of pendency of Interim Development Plan. Where such IDP has not been prepared, the general provisions of this Regulation shall apply without any zonal restrictions.
        (2) The Authority shall ensure that resources for land acquisition and cost of land are mobilised or are likely to be mobilised within the time frame projected for implementation of such Interim Development Plans.


Reg.78 Provision of development plan to prevail

(1) In case any of the provisions of these regulations are at variance with those contained in any Development Plan or Town Planning Scheme, the provisions of such plan or scheme shall prevail.


Reg.79 Applicability of National Building Code of India

Where no express provision has been made in respect of any matter connected with planning and building standards by the Act, the Rule, the Development Plan, the Town Planning Schemes, or these Regulations or by any resolution of the Authority, the provisions of the National Building Code of India shall mutatis mutandis be applicable.


Reg.80 Barrier free access for the disabled

Adequate provision for facilitating easy access of disabled persons shall be made in all public buildings in accordance with the provisions of National Building Code of India including the minimum facility to reach the staircase/lift without any barrier.


Reg.81 .

       (1) The qualification, experience and competence of technical personnel and Builders are given in Schedule-I, which are to be followed as per relevant regulations.
        (2) The industries that can be considered in residential area is to be decided by the Authority in consultation with Directorate Town Planning, Orissa from time to time.
        (3) The forms prescribed for application under Section-16 (1) permission under Section-16(3) drawing attention of Vice-Chairman u/s 16(7) of ODA Act and others in connection with commencement of work, completion certificate, Occupancy Certificate, Structural stability certificate and periodic progress report are provided in Schedule-2.


Reg.82 Constitution of D.P. & B.P. Committee

       (1) The Authority may constitute a Committee under Section-6 of ODA Act to be called Development Plan and Building Permission Committee with members from the following organizations/department besides those required from BDA.
       1. Bhubaneswar Municipal Corporation
       2. Directorate of Town Planning, Orissa
       3. Chief Architect, Orissa
       4. Housing and Urban Development Deptt., Orissa
       5. Public Health Engineering Deptt., Orissa
       6. Fire Services
       7. G.A. Deptt., Orissa
       8. Orissa State Pollution Control Board
        Additional member(s) can be as

Reg.83 Activities along National Highway

While regulating activities along National Highway the provisions contained under the relevant rules and regulations are to be adhered to.


Reg.84 Decision of the Government to be final

In case of any dispute in interpretation of these regulations, the decision of the State Government shall be final.


Sch.1 SCHEDULE - 1

       SCHEDULE - 1
       QUALIFICATION, EXPERIENCE & COMPETENCE OF TECHNICAL PERSONNEL AND BUILDER
        1. Architect
        (A) Qualification & Experience
        The minimum-qualification for an Architect shall be the Associate Membership of the Indian Institute of Architect or such degree or diploma which makes him eligible for such membership or such qualifications as listed in the Architects Act 1972, and shall be registered with the Council of the Architecture under the Act. In addition to the above qualifications the Architect should have at least two years experience in professional work.
        (B) Competence
        The Licensed Architect shall be competent to carry out the work related to the

Form.I FORM-I

       FORM-I
       Part-1
       APPLICATION FORM
       (See Regulation 6 & 62)
        Building Plan application Form
        Form No...........
        Authorised Signature
       APPLICATION FOR PERMISSION FOR DEVELOPMENT OF BUILDING (OTHER THAN SUB-DIVISION OF LAND) UNDER SECTION-16 OF THE ORISSA DEVELOPMENT AUTHORITIES ACT, 1982
       From : For Office use only
       Name and Address
       (in Block letters) Regd. No. .............
       (Tel No............
    &nb

Form.II FORM-II

       FORM-II
       Bhubaneswar Development Authority
       [See Regulation 10(I)]
       No............../BDA, Bhubaneswar Dated....................
        Permission Under Sub-Section (3) of the Section-16 of the Orissa Development Authorities Act, 1982 (Orissa Act, 1982) is hereby granted in favour of.
       Shri/Smt............................................
       (a) Sub-Division of lands.
       (b) Institutions of change of the used land or building.
       (c) Construction of a .................building
       (d) Reconstruction of building.
      

Form.III FORM-III

       FORM-III
       [See regulation 10(2)]
       APPLICATION FORM DRAWING OF ATTENTION UNDER SUB-SECTION (1) OF SECTION-16 OF THE ORISSA DEVELOPMENT AUTHORITIES ACT,1982.
       From :
        ..............................
        ..............................
        ..............................
        (Name and address of the applicant in block letters)
       TO
        THE VICE-CHAIRMAN,
        BHUBANESWAR DEVELOPMENT AUTHORITY,
        BHUBANESWAR.
       Subject : Statu

Form.IV FORM-IV

       FORM-IV
       (See Regulation 13)
       Form of Register to be maintained under Sub-section (12) of Section 16
        (1) (2) (3) (4) (5)
        (6) (7) (8) (9) (10)


Form.V FORM-V

       FORM-V
       FORM OF NOTICE FOR COMMENCEMENT OF WORK TO BE FURNISHED BY THE PLOT OWNER(S) & THE DEVELOPER
       [(See Regulation 14, 54(1)]
       From :
        ..........................
        ..........................
        ..........................
        (Name and address in Block Letters)
       TO
        THE VICE-CHAIRMAN,
        BHUBANESWAR DEVELOPMENT AUTHORITY,
        BHUBANESWAR.
       Sir,
        I/We hereby give no

Form.VI FORM-VI

       FORM-VI
       CERTIFICATE OF COMPLETION
       [(See Regulations 18(1) & 67)]
       (To be given by the owner and Counter Signed by the Registered Architect/Registered Structural Engineer. To be submitted in Triplicate)
        Office Use
        Date of Receipt .............
        Amount of fee deposited.............
        Receipt No. & Date ..............
       From :
        .......................
        .......................
        .......................
  &nb

Form.VII FORM-VII

       FORM-VII
       [(See Regulations 52(1)(v)]
       STRUCTURAL STABILITY CERTIFICATE
       (To be furnished by the Registered Structural Engineer/Architect)
        This is to certify that I/We/M/s......................... has/have prepared the structural design of the building over Plot No.......................Mouza..........................for Construction of ............... storey buildings per the provisions of National Building Code. I undertake the responsibility with regard to supervision of the work at each stage of construction, (after laying of foundation & after casting of each floor) and submit the report to BDA to the effect that the building is being constructed confirming to the approved plan and as per the structural design prepared by me/firm as per the provi

Form.VIII FORM-VIII

       FORM-VIII
       PERIODIC PROGRESS REPORT
       [(See Regulation 54(4)]
       (To be submitted by the Registered Structural Engineer/Architect/Registered Civil Engineers Supervising the construction with counter signature of the plot owner/owners & developer)
       From :
        ............................
        ............................
        ............................
       TO
        THE PLANNING MEMBER,
        BHUBANESWAR DEVELOPMENT AUTHORITY,
        BHUBANESWAR.
    &nbs

Form.IX FORM-IX

       FORM-IX
       [See Regulation 10(1)]
       BHUBANESWAR DEVELOPMENT AUTHORITY
       No...................../BDA, Bhubaneswar, Dated the ............
       REFUSAL OF PERMISSION UNDER SUB-SECTION (3) OF SECTION 16 OF ORISSA DEVELOPMENT AUTHORITIES ACT, 1982 FOR UNDERTAKING DEVELOPMENT OF PLOT NO.........IN MOUZA................
       To
        Smt/Sri ............................
        ...........................
        ............................
        His/Her reply to this office letter No..................Dt..............has not been found to be satisfactory. He/She has fa

Form.X FORM-X

       FORM-X
       FORM FOR OCCUPANCY CERTIFICATE
       (See Regulation-68)
       To
        ...........................
        ...........................
        ...........................
        The work of erection, re-erection or alteration undertaken in respect of Plot No..................Village..............is/are completed under the supervision of .......................Architect (licensee No.................).....................Structural Engineer (Licensee No...............).............Supervisor (License No................) as per the completion certificate submitted .........................dt........... On inspection it is observed that the erection

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