Bye laws nlrda,nainital (1)

BUILDING REGULATIONS

NAINITAL LAKE REGION SPECIAL AREA DEVELOPMENT AUTHORITY

NAINITAL

CONTENTS PAGES CHAPTER 1

GENERAL

1-6

CHAPTER 2

PERMIT FOR DEVELOPENT/REDEVELOPMENT OF 7-13 LAND

CHAPTER 3

BUILDING PERMIT

14-19

CHAPTER 4

REGULATIONS FOR DEVELOPMENT OF LAND 20-24 AND SUB-DIVISION OF LAND

CHAPTER 5

REGULATIONS FOR BEULDING OPERATIONS

25-37

CHAPTER 6

SANITATION REQUIREMENTS

38-50

CHAPTER 7

SPECIAL PROVISION

51-56

CHAPTER-1 GENERAL 1.1

Short title These regulations shall be called “Building Regulations of Nainital Lake Region Special Area Development Authority”.

1.2

Commencement These regulations shall come into force at once.

1.3

Extent and applicability These regulations shall apply to all development activities and existing buildings within the Nainital Lake Region Special Development Area.

1.4

Definitions In these regulations, unless the context otherwise requires: -

1.4.1

‘Act’ means “Utter Pradesh Special Area Development Authority Act 1986”.

1.4.2

‘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 building, or any change to the structure such as construction of, cutting into or, removal of any wall, partition, column, beam, joint, floor or other support or a change to or closing of any required means of ingress of egress of change to the fixtures or equipment.

1.4.3

‘Approved’ means approved by the Authority, having jurisdiction.

1.4.4

‘Authority’ means the Nainital Lake Region Special Area Development Authority.

1.4.5

‘Balcony’ means a projection including a hand rail or balustrade to serve as passage or sitting out place.

1.4.6

‘Basement or cellar’ means the lower storey of a building below a partly below ground level.

1.4.7

‘Building’ means any structure for whatsoever purpose and of whatsoever materials constructed and every part thereof whether used as human habitation or not and includes foundation, plinth walls including doors, windows and ventilators, floors, roofs including sky-light chimneys, plumbing and building services, fixed platforms, verandah, balcony, cornice or projection, part of a building or anything affixed thereof or any wall enclosing or intended to enclose any land or space and signs and outdoor display structures.

1.4.8

‘Building Height’ means the vertical distance measured in the case of the flat roofs, from the average level of centre line of the adjoining street to the highest point of the building adjacent to the street and in the case of gables facing the road, the mid point between the eves level and the ridge. 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 on the street, the height shall be measured above the average level of the ground around and contiguous to the building.

1.4.9

‘Chhajja’ means the slopping or horizontal structural over-hang usually provided over opening of external walls to provide protection from sun and rain or from architectural considerations.

1.4.10 ‘Chimney’ means an upright shaft containing one or more flues provided for the conveyance to the outer air of any product of combustion resulting from the operation of heat producing appliance or equipment employing solid, liquid or gaseous fuel.

1.4.11 ‘Conversion’ means the change of occupancy or premises to occupancy or use required additional occupancy permit.

1.4.12 ‘Covered Area’ means ground area covered immediately above the plinth level covered by the building but does not include the spaces covered by :a.

Garden, rockery, well and well structures, plant, nursery, waterpool, swimming pool (if uncovered), platform around a tree, tank, fountain, fence, chabutra with open top and unendorsed on sides by the walls and like.

b. Drainage, culvert, conduit, catch pit, gully pit, chamber, gutter and the like, and c. Compound wall, gate, unstoreyed porch and portico, slide swing, uncovered staircases, areas covered by chhajja and the like.

NOTE: Tents, shamianas and tarpaulin, shelters supported by temporary structures shall not be considered as building.

1.4.13 ‘Detached Building’ means a building whose walls and roofs are independent of any other buildings with open spaces on all sides as specified.

1.4.14 ‘Drain’ means line of pipes including all fittings and equipments such as manholes, inspection chambers, taps, gullies and floor traps used for the drainage of a building or a number of buildings or yards appurtenant to the buildings, within the same curtelage. Drain shall also include open channels used for conveying surface water.

1.4.15 ‘Drainage’ means the removal of any liquid by a system constructed for this purpose.

1.4.16 ‘Exit’ means a passage, channels, and means of egress from any building, storey or floor area to a street of other open space of safety.

1.4.17 ‘Floor’ means the lower surface in a storey on which one normally walks in a building. The general term ‘Floor’ unless otherwise specially mentioned shall not refer to a mezzanine Floor.

1.4.18 ‘Floor Area’ means covered area of a building at any floor level.

1.4.19 ‘Floor Area Ratio (F.A.R)’ means the quotient obtained by dividing the total covered area on all floors by the area of the plot.

F.A.R. = Total covered area of all floors Plot Area 1.4.20 ‘Foundation’ means the part of a structure which is in direct contact with and transmitting loads to the ground.

NOTE 1: For the purpose of these regulations covered area equals the plot area minus the area left out for open space.

NOTE 2: The sequential number of floor shall be determined by its relation to the determining entrance level. For floors at or wholly above ground level the lowest floor in the building with the direct entrance from the main road/street shall be formed as floor 1. The other floors above floor 1 shall be numbered increasing upwards.

1.4.21 ‘Habitable Room’ means a room occupied or designed for occupancy by one or more persons for study, living, sleeping, eating, kitchen if it is used as a living room but not including bathrooms, water-closet compartments, laundries, serving and storage pantries, store-rooms corridors, cellars, attics and spaces that are not used frequently or during extended periods.

1.4.22 'Ledge or Tends' means a shelf projection supported in any manner whatsoever, except by means of vertical support within a room itself but not having projection wider than 1 meter.

1.4.23 'Loft' means an intermediary floor between two floors or a residential space in a pitched roof, above normal floor level with a maximum height of 1.5 m and which is constructed and or adopted for storage purpose.

1.4.24 'Mezzanine Floor' means an intermediate floor between two floors above ground level. Mezzanine Floor shall be approachable only from lower floor.

1.4.25 'Municipal Area' means the area declared vide G.O.No. 1968/XI-205 dated July 23, 1926 or/as revised by Govt. or U.P. from time to time.

1.4.26 'Occupancy or Use Group' means the principal occupancy for which a building or a par of a building is used or intended to be used for the purpose of classification of a building according to occupancy. An occupancy shall be deemed to include subsidiary occupancies, which are contingent up on it. Some important occupancy is residential, institutional, business, commercial, industrial, assembly etc.

1.4.27 'Open Space' means an area forming an integral part of the plot site left open to the sky and it does not include the area of streets/road.

1.4.28 'Owner' means the person who has legal title or right to own and possess or to develop any piece of land or to construct and building. It also includes: a. An agent or trustee who receives the tent on behalf of the owner. b. An agent or trustee who receives the rent or is entrusted with or is concerned with any building devoted to religious or charitable purposes. c. A receiver, executor or administrator or a manager appointed by and court of competent jurisdiction to have the charge of, or to exercise the rights of the owner, and d. A mortgagee in possession.

1.4.29 'Parapet' means a low wall or railing built along with the edge of a room of floor.

1.4.30 'Parking space' means an area enclosed or unenclosed sufficient in size to park vehicles together with a drive way connecting the parking space with a street or an alley and permitting ingress and egress of the vehicles.

1.4.31 'Permit' means a permission or authorization in writing by the authority to carry out work regulated by these regulations.

1.4.32 'Plinth' means the portion of the structure between the level of the surrounding ground and level of the floor immediately above the ground.

1.4.33 'Plinth Area' means the built up covered area measured at the ground level or the basement.

1.4.34 'Prohibited Area' means the area declared vide G.O o. 2836/XI- 48F dated May 27, 1930 and subsequently amended as per Notification No. 1711/XI-A-1138/51 dated 23-12-1953.

1.4.35 'Room Height' means the vertical distance measured from the finished floor surface to the finished ceiling surface.

1.4.36 'Row Housing' means the row of houses with only front, rear and interior open spaces.

1.4.37 'Sanctioned Plan' means the plan duly sanctioned by the Authority.

1.4.38 'Service Lane' means a lane provided at the rear or side of a plat for service purpose.

1.4.39 'Set back' means a line usually parallel to plot boundaries and laid down in each case by the Authority beyond which nothing can be constructed towards the site boundaries.

1.4.40 'Site (Plot)' means a parcel of land enclosed by definite boundaries.

1.4.41 'Site (Corner)' means a site at the junction of and fronting on two or more intersecting streets.

1.4.42 'Site interior tend' means a site access to which is by a passage from street whether such passage from part of a site or not.

1.4.43 ‘Story’ 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 shall be no floor above it than the space between any floor and the roof above it.

1.4.44 ‘Street’ means any highway, street, lane, pathway, alley, stairway, passage way, carriage way, footway, square, place or bridge whether a thoroughfare or not over which the public have a right of passes or access or have passed and had access uninterrupted for a period within one year after completion of road development, whether existing or proposed in any scheme and includes all bunds, channels, ditches, storm water drains converts, side walks, traffic islands, roadside, trees and hedges, retaining walls, fences barriers and railing within the street lines.

1.4.45 ‘Street Level and Grade’ means the officially established elevation or grade of the central line of the street upon which upload fronts and if there is no officially established grade the existing grade of the street at its mid point.

1.4.46 ‘Street Line’ means the line defining the site limits of a street.

1.4.47 ‘Travel Distance’ means the distance an occupant has to travel to reach an exit.

1.4.48 ‘Unsafe Building’ means the building which is structurally unsafe, in sanitary or not provided with adequate means of egress or which constitutes a fire hazard or otherwise dangerous to human life or which in relation to existing use constitutes a hazards to safely or health or

public welfare by reason of any inadequate maintaining, dilapidation or abandonment.

1.4.49 ‘Verandah’ means a covered area with at least one side open to the outside with the exceptions of one-meter parfait on the upper floors to be provided on the open side.

1.4.50 ‘Water Closet (W.C.)’ means a privy with arrangement of flushing the pen with water. It does not include a bathroom.

1.4.51 ‘Window’ means an opening to the outside other than door, which provides all, or part of the required natural light or ventilation or both to an Interior space.

NOTE: - In special Area Development Authority Act 1986, there is provision of regulations. Hence due to clerical errors where ever byelaw or building byelaw word has been used they should be read as regulation or building regulation respectfully.

CHAPTER – 2 PERMIT FOR DEVELOPMENT/REDEVELOPMENT OF LAND 2.0

APPLICATON FOR DEVELOPMENT PERMIT

2.1

Development Permit Required: No person shall develop or redevelop and parcel of land without first obtaining a separate development permit for such building activity from the authority.

2.2

No application referred to in foregoing regulations shall be entertained unless and until the applicant has paid the prescribed fee to the authority.

2.3

The application shall be accompanied by plans and statement in 10 copies as required by regulation No. 2.5.

2.4

The plans may be Ferro print, ammonia print, semidry or photographic prints of which at least one set shall be cloth mounted. The mounted set shall be retained in the office of the authority for record after issue of a permit of refusal order.

2.5

The following plans and statement shall accompany the application for the development (development or redevelopment of land into plots subdivisions or colonies) permits refer to in regulation No. 2.1. (i) Key Plan: This shall show the location of land proposed to be developed and subdivided. This shall also show the north point and scale used. This plan should be prepared on scale of 1:10,000 or 1:5,000. (ii) Site Plan: This shall be done on a scale of not less than 1:1,000 for plots up to 10 hectares and not less than 1:2,000 for plots above 10 hectares and shall show: a.

The boundaries of the site with dimension and details of any contiguous land including the SHAZRA numbers or any other equivalent local denomination, and in case, the contiguous land owned by the applicant has been subdivided earlier, public amenities provided in it in all streets within it opening out in the site proposed for the development.

b.

The means of access from the existing street (name and width of the street is to be mentioned) to the site proposed for development.

c.

The position of all existing structure and features like high tension lines, telegraph and electrical poles, underground pipeline, trees, graveyards, religious buildings and railway lines etc. within the distance of 30 meter from the nearest edge of the site.

d.

All major physical characteristics of all land proposed to be developed which include the approximate location and size of any water body, flood affected area, forest areas, graves, orchards and contours at an interval of 1.0 meter in case of thee site which has a slope of more than 1 to 20.

e.

Location of the site in Master plan/Zonal plan.

f.

Present and proposed use of land.

g.

North point and scale used.

(iii) Sub Division Layout plan: This shall be drawn on a scale of not less than 1:5,000 for plots up to 10 hectares and not less than 1:1,000 for plots above 10 hectares, and shall contain the following: a.

North point and scale used.

b.

The locations of the proposed and existing roads with their width within the lands.

c.

Building liens showing the set backs with dimensions within each plot.

d.

The location of drains, sewers, public facilities and services and electrical lines etc.

e.

Analysis indicating size, area and use of all the plots in the lay out plan.

f.

A statement indicating the total area of the site, area utilized under roads, open spaces, schools, shopping and other public places along with their percentage with reference to the total area of site.

g.

In case of plots which are proposed to be subdivided in built up areas, in addition to the above the means of access to the subdivision from existing streets.

(iv) A statement containing general specification of all improvements proposed to be made within the area e.g. grading and paving of roads and lanes, provision for gutters, side drains, provision for sufficient, safe and assured water supply, arrangement of sewage disposal, street lighting and development of parks and play fields and public utilities. (v) A statement showing general specification of the materials to be used and estimated cost of the proposed development of side. (vi) Document of ownership and title: The application for development permit shall further be accompanied by the following: a.

Certified copy of the original sale/lease deed; or

b.

Certified copy of the Shazra plan/Khatauni record; or

c.

Any other document by virtue of which the applicant may be lawfully authorized or entitled to conduct survey, prepare layout plan and carry out the development applied for; or

d.

2.6

Any other documents required by the Authority.

Size of Drawing Sheets: The size of drawing sheets of key plan site plan, layout plan etc. shall be any of these specified in the following table: S.No.

Designation

Trimmed Size (mm)

1.

A1

840 × 1189

2.

A2

544 × 841

3.

A3

420 × 394

4.

A4

297 × 420

5.

A5

210 × 297

2.7

Notation for Colouring Plans: The plans accompanying the application referred to in regulation 2.1 shall be coloured as specified in the following table: SITE PLAN TABLE NO. 1

S.No.

Item

White Plan

Blue Print

Ammonia Print

1.

Plot Lines

Thick Black

Thick Black

Thick Black

2.

Existing Street

Gray

Gray

Gray

3.

Future Street if any

Gray

Gray

Gray

4.

Permissible Building

Thick Dotted

Thick Dotted

Thick Dotted

Black

Black

Black

No Colour

No Colour

No Colour

Line 5.

Open Space

6.

Existing Work

7.

Work Proposed to be

Yellow

Yellow

Yellow

demolished

Hatched

Hatched

Hatched

Black Outline

Black Outline Black Outline

8.

Proposed Work

Red Filled

Red Filled

Red Filled

9.

Drainage and

Red Dotted

Red Dotted

Red Dotted

Black Dotted

Black Dotted

Black Dotted

Thin

Thin

Thin

Sewerage Work 10. Water Supply Work

SITE PLAN TABLE NO. 2

S.No.

Item

White Plan

Blue Print

Ammonia Print

1.

Plot Lines

Thick Black

Thick Black

Thick Black

2.

Existing Street

-

-

-

3.

Future Street if any

-

-

-

4.

Permissible Building

-

-

-

No Colour

No Colour

No Colour

Line 5.

Open Space

6.

Existing Work

7.

Work Proposed to be

Yellow

Yellow

Yellow

demolished

Hatched

Hatched

Hatched

Black Outline

Black Outline Black Outline

8.

Proposed Work

Red Filled

Red Filled

Red Filled

9.

Drainage and

Red Dotted

Red Dotted

Red Dotted

Sewerage Work NOTE: In the case of proposal for entirely new erection work on a plot the proposed work on building plan need not be coloured.

2.8

Preparation and Singing of the Plans: All the plans shall be prepared and signed by the licensed technical personnel who are competent for the purpose. The Plan shall also be signed by the owner.

2.9

Supervision: The application for development permit shall be further accompanied by a certificate in the prescribed form for undertaking the supervision by the technical personnel.

2.10

The application for development permit shall also be accompanied by 'No Objection Certificate' of the Forest Department, Geology Department, Town

& Country Planning Department, Jal Nigam/Jal Sansthan, P.W.D., Nagar Palika Parishad and U.P.S.E.B. 2.11

Fee for Development Permit: Application for development permit shall be accompanied by the fee as specified by the Authority.

2.12

Withdrawal of Application: The application may withdraw his application and plans at any time prior to the sanction, and such withdrawal shall terminate all proceeding with respect to such application but the fees paid shall not be refunded.

2.13

In the event of development permit not being issued on account of any defect and shortcoming in the application, the fee paid shall not be refunded to the applicant but he shall be allowed to resubmit the plans without any additional fee after complying with all the objections and removing the defects and shortcoming within one year from the date of the receipt of the objection/rejection order by the Authority after which fresh fee shall have to be paid.

2.14

On receipt of the application, the authority shalla. Verify the facts mentioned in the application and in its annexures and satisfy that it contains the required particulars and is in proper form. b. Satisfy itself that the applicant is lawful owner of or otherwise Legally Authorized or entitled to develop the land and c. Judge the propriety of the proposal of developing the site as applied for, from technical, legal and administrative points of view.

2.15

Thereafter the Authority may either accord preliminary sanction or refuse the proposal or may accord preliminary sanction with such modification and directions as it may deem necessary and thereupon shall communicate the decision in the prescribed form.

2.16

The Authority shall refuse the permission if; a. The proposed development work contravenes the provision of the Act or these regulations or any other law for the time being in force.

b. The site proposed for development is either partly or wholly, a part of any public remises as defined in the U.P. Public Premises (Eviction of unauthorized occupants.) Act 1972. c. The proposed development work is situated in an area prohibited an unsafe from construction point of view.

2.17

In the case of refusal the authority shall state the reasons and relevant provision of the Act or regulations, which the proposed development contravenes. The authority shall (as far as possible) point out all the objections to the plans and statements in the first instance itself.

2.18

The applicant may then resubmit the plans and statement modified in the light of objection raised. The authority shall again scrutinize the resubmitted plans and if there be further objections, the plan shall be rejected.

2.19

In within 90 days of the receipt of the application, the authority fails to intimate the decision in writing taken by it on the application, the applicant has right to give a notice in writing to the authority through registered post A.D. and if for further 30 days no decision is communicated to the applicant, the applicant with its annexures shall be deemed to have been sanctioned and there after the applicant shall have right to commence and carry out the proposed development work but he will not be authorized to do anything in contravention of the provision of the Act or regulations.

2.20

Within 60 days of receiving the preliminary sanction referred to in regulation No. 2.15 a. The applicant shall execute a bond for carrying out the proposed development work and for providing the required amenities as per sanctioned plans and statements in favour of the authority with or without security to the satisfaction of the authority. The provisions of Section 445, 446, 447 and 449 of the code of criminal procedure 1973 shall mutatismutandis apply in relation to such bond with the substitution of reference to magistrate or Magistrate of the first class by reference to the authority and reference to the Session Judge and by reference to the Chairman.

b. The applicant shall transfer to the authority the land earmarked for roads, public parks and other utility services either frees of cost or on such terms and condition as may be specified. c. The applicant shall enter into an agreement with the authority for the development of the land and for provision of other amenities and shall either deposit the full estimated cost of the development and provision of other amenities to the authority in advance or shall give to it a bank guarantee.

2.21

As soon as the condition laid down in regulation No. 2.20, 2.21 are fulfilled the final sanction shall be accorded and permit foe development of site, issued in prescribed form. In case the applicant fails to comply with the provision of regulation No. 2.20 within the specified time, the preliminary sanction also facto stand terminated and thereupon the application for development permit shall be rejected.

2.22

Duration of Permit: The final sanction once accorded shall remain valid for 3 years during which period the applicant shall complete the work and submit a completion certificate duly counter signed by the licensed technical personnel. If the work is not completed within the prescribed period, the permit may be revalidated before the expiry of this period. The applicant for revalidation shall be treated as for a new development permit.

2.23

Notice for Commencement of Development Work: The applicant upon commencement of work for development of land shall give notice to authority that he is starting the work in prescribed Performa given in and work to be made within 30 days following the receipt of notice to verify that the development work is being carried out in accordance with the sanctioned plans. If however, the authority fails to make the inspection within the specified period, it shall be presumed that the authority has no objection to the construction.

2.24

Deviation During Development Work: During the course of development work, if any deviation from the sanctioned plan is intended to be made, permission of the Authority shall have to be obtained. It shall be incumbent upon every person whose plans have been approved, to submit amended plans for any deviation he proposes to make. The fee and procedure

prescribed for original application shall mutatis mutandis apply to all such amended plans.

2.25

Cancellation of Permission for Development Work: If at any time after the issuance of the development permit, the authority is satisfied that such permit was granted in consequence of any material misrepresentation or fraudulent statement contained in the application given or information furnished, the Authority may cancel the permit and any work done or rendered shall be deemed to have been done without permission.

2.26

No land or plot developed under the permit for the development of site obtained shall be transferred by the applicant permit holder unless and until a development certificate is issued by the Authority in the prescribed Performa to be issued within 4 weeks after the completion certificate is submitted by the applicant permit holder.

The development certificate will be issued only after affirming that such development is in accordance with the sanctioned plan and prescribed specifications in case it is not so the development certificate shall be withheld until the development work is completed to the satisfaction of the Authority.

Provided that on an application permit holder, the Authority, if satisfied that the development work is being carried out in accordance with the sanctioned plans and specifications may grant permission to transfer fully or partially developed land/plot.

Provided further that if the Authority fails to issue the development certificate or to inform the applicant permit holder in writing about the reasons for with holding the development certificate within the specified time, the development certificates shall be deemed to have been issued and the applicant-permit holder shall have the right to transfer the developed plots thereafter.

CHAPTER – 3 BUILDING PERMIT

3.1.

The application for permission to erect, re-erect, demolish, and make any material change or alteration in a building or part thereof within the development area shall be given to the authority in the prescribed form.

However, if there is any demolition of part of any building from safely and security point of view as per Municipal provisions and open space is to be created thereafter. In such case no application/permission shall be necessary.

3.2.

No application referred to in foregoing Regulations shall be entertained unless and until the applicant has paid the prescribed fee to the Authority.

3.3.

The application shall be accompanied by plans and statements in 10 copies as required by Regulation No. 3.7

3.4.

The plans may be of ferro prints, ammonia print, semidry or photographic prints of which at least one set shall be cloth mounted. The mounted set shall be retained in the office of the Authority for record after issue of a permit or refusal order.

3.5.

No building permit is required for the following alternations provided they do not violate the provisions of the Act and Regulations. (a)

Providing or closing of a window or door, ventilator not opening towards other’s property.

(b)

Providing inter communication doors.

(c)

Providing partitions (except commercial buildings) with the condition that the area of room, kitchen etc. after partition shall not be less than the minimum permissible area.

(d)

Gardening.

(e)

White Washing.

(f)

Painting.

3.6

(g)

Retailing and retracing.

(h)

Plastering and patch work.

(i)

Re-flooring.

(j)

Construction of sunshades on one’s own land.

No building permit is necessary for carrying out works by any department of the central or state govt. or any local body for the purpose of constructing, repairing or renewing any sewer, mains, pipes, cable or other apparatus.

3.7

The following plans and statement shall accompany the application for obtaining permit referred to in Regulation No. 3.1

(i)

Site Plan: This shall be drawn on a scale of not less than 1:200 for areas up to 0.25 hectare, not less than 1:500 for areas upto 1.00 hectare and not less than 1:1000 for areas above 1.00 hectare and shall show.

a)

The boundaries of the site of any contiguous land.

b)

The position of site in relation to the neighboring street.

c)

The name of the street in which the building is proposed to be situated.

d)

All existing buildings on, over, or under the site.

e)

The position of the building or of all other buildings (if any) which the applicant intends to erect upon the contiguous land referred to in (a) 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 portion owned by others.

(2) All adjacent streets, buildings (with number of storeys) and premises within a distance of 15 m of the site of the contiguous land (if any) referred to in (a) and (3) If there is no street within a distance of 15 m of the site, the nearest existing street.

f)

The means of access from the street to the building and to all other buildings which the owner intends to erect upon his contiguous land referred to in (a).

g)

Space to be left in and around the building to secure a free circulation of air, admission of light and access for scavenging purposes and details of projection (if any) on the open spaces.

h)

The width of the street (if any) in front and of any street (if any) at the side or near the proposed buildings.

i)

Scale used and the north point relating to plan of the building.

j)

Any existing physical feature such as wells drains etc.

k)

Sewerage and drainage lines upto discharge point and water supply lines, and

l) (ii)

Such other particulars as may be prescribed by the Authority.

Building Plan: The plan of the building and elevations and sections accompanying the application shall be drawn on a scale of not less than 1:100. The Plan shall: (a) Include the floor plans of all floors together with the covered area clearly indication the size and spacing of al taming members and sizes of rooms and the position of staircases, ramps and lift wells. (b) Show the use of occupancy of al parts of the buildings. (c) Show exact location of essential services for example W.C sink, bath including the water supply and drainage lines. (d) Included sectional drawing showing clearly the size of footing, thickness of basement wall, wall construction, size and spacing of the framing members, floor slabs and roof slabs with their materials and size, locations of doors, windows and other openings. The section shall indicate the height of buildings and rooms and also the height of the parapet and the drainage and the slope of the roof. At least one section should be through the staircase. (e) Show all streets elevations. (f) Give dimensions of the projected portions within open spaces.

(g) Include terrace plan including the drainage and the slope of the roof. (h) Give north point and scale used. (iii)

Service Plan: Plans, elevations and sections of private water supply and sewerage disposal system independent of the Municipal services if any, shall also be indicated.

(iv)

Statements: General specification giving types and grade of materials to be used shall accompany the application.

(v)

Document and Ownership and Title: The application for building permit shall further be accompanied by the following for verifying ownership and title:

3.8

Size of Drawing Sheets: The size of drawing sheet for plans mentioned in Regulation No. 3.7 shall be any of those specified in the table given in Regulation No. 2.6

3.9

Notation for Colouring Plans: The site plans and building plans shall be coloured as specified in the table given regulation No. 2.7.

The Colouring notation used for items of work not specified in the said table shall be indexed.

3.10

All the plans mentioned in Regulations no. 3.7 shall be prepared and duly signed by the licensed technical personnel and shall indicate the name, address and license no. of such licensed technical personnel.

The plan shall also be signed by the applicant.

3.11

The application for building permit for building having floor area of more than 100 sq m shall further be accompanied by a certificate in the prescribed form for undertaking the supervision by the licensed technical personnel.

3.12

The applicant may withdraw his application and plans at any time prior to the sanction and such withdrawal shall terminate all proceedings with respect to such application but the fees paid shell in no case be refunded.

3.13

The Authority after making necessary inquiry and verifying the fact and particulars contained in the application and its annexure, may either sanctioned or refuse the proposals or may sanction them with

such modification and direction as the Authority may deem necessary and thereupon shall communicate the decision to the applicant in the prescribed form.

3.14

When an application is made by an individual owner of land for construction of building on a plot of not land covered by a development permit, but situated in areas which have been surveyed and of which a layout accepted by the authority has been prepared and where there is other wise an objection, building permit may be granted on the condition that the applicant deposit with the authority such amount as may be specified by the Authority to cover the proportionate cost of internal and external development work with connection there with.

3.15

When an application is for construction of a building on a plot of land covered by a development permit, no permission shall be granted unless the development certificate refers to in regulation no.

2.26. has been issued either on account of unsatisfactory development work or for the reason that the completion certificate has not been submitted by the development permit holder within the specified time, building permit may be granted to individual owners of plots on the condition that they deposit with the authority. Such amount as may be specified by the authority to cover the proportionate cost of internal and external development in connection there with.

3.16

Permission for erecting buildings in areas which have not been surveyed and for which lay out plans have not been sanctioned by the authority shall not ordinarily be granted unless the area is a compact area and it is possible in the opinion of the authority to accommodate it in the layout plan of the locality if and when it is prepared. In all such cases the decision of the authority shall be final.

3.17

Building permit shall be refused if : (a) The proposed work contravenes the provision of the act of this regulation.

(b) The plot propose for the building is either partly or wholly apart of any public premises as defined in the U.P. Public premises (eviction of unauthorized occupants) act, 1972. (c) Construction has been proposed in an area unsafe from construction point of view.

3.18

In the case of refusal of building permit applied for, the authority shall state reasons and relevant provision of the act and regulation which the plans contravene. The authority shall, as far as possible, advice, all the objections to the plans and specification in the first intent itself.

3.19

Once the plans have been scrutinized and objections have been pointed out, the applicant shall modify the plans and statement to comply with the objection raised. The authority shall scrutinize the resubmitted plan and if there be further objection, the plan shall be rejected.

3.20

If within 90 days of the receipt of the application the authority fails to intimate in writing the decision taken by authority on the application, the applicant shall have right to give a notice in writing to the authority and for further 30 days, no decision is communicated to the applicant, the application with its annexure shall be deemed to have been sanctioned, thereafter and the applicant shall have a right to commence and carry out the proposed construction work, but he will not be authorized to do any thing in contravention with provisions of regulation.

3.21

Duration of Sanction of Building Permit: The sanction ones accorded shall remain valid upto 3 years during which period the applicant shall complete the work and submit a completion certificate. However, the permit may be got revalidated before the expiry of this period but the application of revalidation shall be treated as for a new building permit.

3.22

Notice For Commencement of Building Work: The applicant, upon commencement of his work under building permit, shall give notice in the prescribed form to the authority who shall cause

inspection of the work to be made with in 30 days following the receipt of notice to verify that the building work is being carried out in accordance with the sanctioned plan and statements. If however, the authority fail to make the inspection with in the specified period, it shall be presumed that he has no objection to the commencement of the construction work according to the notice.

3.23

Deviation during Building Construction: During the course of construction of the building, if any deviation from the sanctioned plan and the statement is intended to be made, permission of the authority shall have to be obtained before the proposed deviation is executed subject to the exceptions given in regulation no. 3.5. It shall be incumbent upon every person whose plans have been approved to submit amended plans for any deviations he proposes to make. The fee and procedure prescribed for original application shall mutatis mutandis; apply to all such amended plans.

3.24

Cancellation of Permit: If at any time, after the permission to proceed with any building work is given, the authority is satisfied that such permission was granted in consequence of any material misrepresentation or

fraudulent statement

contained in the

application given or information furnished, the authority may cancel such permission and any work done there under shall be deemed to have been without permission.

3.25

Completion Certificate: On completion of the building work the applicant shall give a notice in the prescribed form duly signed by him and countersigned by the licensed technical personnel in case the building was required to be supervised by the technical personnel as per regulation no. 3.11.

CHAPTER – 4 REGULATIONS FOR DEVELOPMENT OF LAND AND SUB-DIVISION OF LAND 4.1.

No sub-division of land for development purpose shall be allowed in Prohibited Area and within the Nainital Municipal Area.

4.2.

Sub division regulations for Land outside Nainital Municipal area and Outside Prohibited Area.

In case the land to be Sub-divided into plots does not abut on any existing road, means of access with minimum width of 6.0 m to reach the site from the existing road shall be provided.

4.3.

Streets/Road: The streets/roads shall be of following categories based on their use and proposed traffic requirements.

4.3.1. Pedestrian access ways: Pedestrian access way is the pedestrian street providing access to individual plots.

4.3.2. Service Road: Service road is the street/road providing vehicular access to individual plots. A service road which forms a loop and does not join more than one road shall be termed as loop/road.

4.3.3. Collector Road: These roads are intended for short trips and are also used for direct access to abutting properties as well as access to service roads and dead end roads. These roads shall either be delineated on the zonal plans or in the event of their not being so delineated shall be determined by Authority.

4.3.4. Major Roads: Major roads are the roads which are proposed in the Master Plan/Zonal plan.

4.4.

Street Regulations in Residential Areas: The minimum width and the maximum permissible length and other regulations for laying out various categories of streets/roads shall be as given in Table No. 2

TABLE- 2 S.No. Category of Street/Road

1.

Minimum

Maximum

Average

Width (m)

length (m)

Gradient

2.0

200

1:6

3.0

300

1:6

(i)

4.5

500

1:10

(ii)

6.0

600

1:10

7.5

800

As per P.W.D

Pedestrian Access Way

2.

Service Road

3.

Collector Road

Norms 4.

Major Road

As per Master Plan/Zonal Plan

NOTE: (ii)

The length of service road shall be measured from one wider street to another wider street.

(iii)

Street/Roads above 6.0 m width may not end as a dead end road.

(iv)

If the 4.5 m service roads end as a dead end road they must have turn around at the end, the widths an depths of which shall not be less than 9 m. No turn around is required if the number of plots served by such roads is less then three.

(v)

Any access way, where motorable access is available, have a gradient 1:8 or less, it shall be treated as service road with minimum width prescribed.

4.5.

Condition of Planning: The service roads in residential areas shall be so laid out that their use for through traffic is automatically discouraged.

Where a sub-division abuts on certain major existing or proposed road, the Authority may require service road along side the major road or may provide roads with no access to adjacent properties or such other treatment as may be necessary for adequate protection of residential property and to effect separation of through and local traffic.

4.6.

Street Regulation for other than Residential Use (Commercial, Office, and Industrial etc.): The maximum length permissible for different categories of roads in access other than residential shall be as indicated in Table No. 3 give below.

TABLE- 2

S.No. Category of Street/Road

Minimum

Maximum

Average

Width (m)

length (m)

Gradient

1.

Pedestrian Access Way

4.5

300

1:8

2.

Service Road

6.0

500

1:10

Collector Road

7.5

800

As per P.W.D

3.

Norms 4.

4.7.

Major Road

As per Master Plan/Zonal Plan

Junction: The junction of roads shall be laid out in such a way that as far as possible all roads meet at right angle. But in no case the junction of motorable road shall be less than 300. It shall be laid out in such a way that as far as possible adequate arrangements for the circulation of traffic with desirable weaving length is provided. In case of hills, one side tree plantation and protection work of hill side cutting should be necessary.

4.7.1

In agriculture, Horticulture and green areas 4.5 m unmetalled road

(internal approach) shall be permissible.

4.8.

Open Space: Provision of open spaces as per these regulations for residential areas, like playground, park and other open spaces shall be in addition to the provision made in the Master/Zonal Plan.

4.8.1

Residential Area: As per density open space in residential area shall be as given in the following table: S.No.

Density per Hectare

Open Space

1.

Upto 50

6%

4.8.1

2.

50 to 100

9%

3.

100 to 150

12 %

Industrial Area/Commercial Area: In case of layout for industrial and commercial area the minimum open space to be provided for parks, green buffers, parking and loading/unloading purpose shall be 10% of the gross area of the site.

4.9.

Community Facilities: The extent of community facility to be provided shall be as given in the following Table No. 4 which is based on population and shall be the guidelines to work out different requirements of subdivision plan.

TABLE NO. 4

S.No.

Facilities

Standards

Area (In ha.)

Education 1.

Nursery

1 for 2,000

0.1

2.

Primary

1 for 4,000

0.2

3.

High school

1 for 10,000

0.6

4.

Inter College

1 for 20,000

1.0

5.

Degree College

1 for 50,000

3.0

6.

Technical

1 for 50,000

2.0

Health a)

Dispensary

1 for 50,000

500 sq m

b)

Health Centre

1 for 10,000

3,000 sq m

c)

Hospital (including residential 1 for 50,000

3.0 ha

facility) Commercial including Shopping a)

Convenient shopping centre

For 1,000

5 shops

b)

Local Shopping centre

For 5,000

20 shops

c)

Zonal Shopping centre

For

10,000

to 100 to 200 shops

20,000 Community Facility and Essential Services a)

Branch Post Office

1 for 50,000

100 sq m

b)

Community hall

1 for 50,000

0.2 ha.

c)

Cinema (Max sealing capacity 1 for 10,000 to 0.2 ha with parking 500)

50,000

location in zonal shopping

centre

and city centre. d)

Post and Telegraph Office

1 for 30,000

0.4 ha.

e)

Telephone Exchange

1 for 30,000

0.4 ha

f)

Electric Substation

1 in all shopping 144 sq m centers

g)

Police

Station

with

staff 1 for 20,000

0.4 ha

quarters h)

Fire Station with staff quarters.

1 for every 5 Km. 0.4 ha location at radial distances

intersection

roads

& 0 Km. away from junction. i)

Police Check Post Social and 1 for 5,000 cultural

100 sq m

ii)

Religious Building

As per local condition and population

iii) Stadium and Playground

1 for 10,000 to 0.5 ha.

20,000

iv) Library

4.10.

1 for 10,000

0.02 ha.

Lay out of Plots: The plot is residential area shall be laid out on the basis of the following criteria: TABLE NO. 5 S.No. Plot Size (sq m)

4.11.

Development Scheme

1.

Upto 100

Row housing

2.

101 to 200

Semi detached

3.

Above 200

Detached

Group Housing: Group housing development out side Nainital Municipal Area in two and multistoried blocks is not customary subdivision on land into streets and plots. The minimum size of the site for this type of development shall be 250 sq m. The group housing lay out plan shall be governed by the norms in Table No.- 6.

TABLE NO. 6

S.No.

Gross Residential

Maximum site

density per ha.

coverage (%)

FAR

Maximum Height (M)

1.

Upto 125

30

0.60

7.50

2.

126 to 250

33.5

0.67

7.50

3.

251 to 425

36

0.72

7.50

4.

Above 425

40

0.80

7.50

NOTE: The coverage shall be calculated on the basis of the whole area reserved for group housing after deducting. (a)

Proposed roads having a width of 6 m.

(b)

Area of school excluding sited for nursery school and other community facilities.

(c)

Open space except playgrounds and tot-lots of local nature.

(d)

Any provision of Master Plan, Zonal development plan.

(e)

No group housing shall be allowed in Municipal area of Nainital.

4.12.

The provision of community facilities in group housing shall be made as per norms given in Regulation No. 4.9

4.13.

Quality of Material and Workmanship: For external and internal development of land, material and workmanship to be used shall be of good quality conforming generally to accepted standards of P.W.D., U.P and Indian Standard specification and codes as specified in the National Building Code of India. Also the planning design and installation of electric installations (such as air conditioning, heating works, lifts and escalators etc.) water supply drainage and sanitation system shall be in accordance with the provision of national building code of India.

CHAPTER – 5 REGULATION FOR BUILDING OPERATIONS 5.0 Prohibited Area: No new construction shall be allowed in Prohibited area.

Only repairing work shall be allowed in special circumstances. No conversion shall be allowed. No increase in the height of the building, plinth area and floor area shall be allowed.

5.0

Nainital Municipal Area Excluding Prohibited Area: In Nainital Municipal Area only residential construction for One's own occupancy shall be allowed. No use other than residential shall be allowed. Only two-stroyed building having maximum height of 7.5 m shall be allowed.

Maximum covered area as total of covered areas of all the floors of the building shall be 250 sq m. Other regulations shall be as applicable for building operations outside Nainital Municipal area. If the basement is developed then only one floor in addition to the basement floor shall be allowed.

5.0

Regulations for Building Operations Outside Nainital Municipal Area and Outside Prohibited Area: 5..0

Requirement of site.

5..1

Site for building operation should be fit from technical, legal and administrative angles.

5..2

No building operation should be allowed on any site, or any part of which there is deposited refuse, excreta or other offensive and objectionable matter until such refuse has been removed and the site rendered suitable for the purpose to the satisfaction of the Authority.

5..3

No building shall be generally allowed to e erected on a site liable to flood or on a slope forming an angle of more than 26.5 degrees with the horizontal plane or on soil unsuitable for percolation or in sandy beds or on site which comprises or includes a pit, a quarry or other excavation.

5..4

No new Govt. offices or Public Sector Officer or Joint Sector Offices shall be allowed in Nainital Municipal Area.

5..5

No building operation shall be allowed within the distances quoted below in accordance with the current Indian Electricity Rules and its

amendments from time to time between the building and any overhead Electricity line.

Vertically (m) (a)

Low

and

Medium 2.5

Horizontally (m) 1.2

voltage line and services line (b)

High voltage line and 3.7

2.0

including 33000 V (c)

Extra High voltage line 3.7 beyond 33000 V

2.0

(+) 0.3 for every (+) 0.6 for every additional 33000 V additional 33000 V or part thereof.

or part thereof.

NOTE: In case of slopes above 30 degree, public electric line shall be laid underground in the length of such slopes is more than 30m.

5..6

Building operation n a particular site which is likely to disturb communication harmony or which is likely to be source of annoyance to the health or habitants of the neighborhood shall not be allowed.

5.0

Minimum Size and Requirement of Plots: 5.4.1

For residential purpose the minimum size and width of plots shall be as given below Minimum Plot Size (Sq. m) 40

Minimum Width (m) 3.6

NOTE: Not more than one building shall be erected on one plot.

5.4.2

In commercial areas the minimum plot sizes and width of shops shall be as follows: Area

Width

5 Sq m

1.5 m

NOTE: Kiosks smaller than above size shall be allowed.

5.4.3

For Industrial area the minimum size of the plot shall be 200 sq. m with minimum width of 7.5 m but in case of U.P.S.I.D.C., if the area is fully developed by U.P.S.I.D.C. relaxation may be given by the Chairman of the Authority.

5.4.4

In case of plots for assembly occupancies like cinema, auditorium and community hall etc. the minimum width of plot shall be 20 m and the streets to which is abuts, shall be minimum 7.5 m wide.

5.0

Open Space for Residential Buildings: 5.5.1

Every room intended for human habitation shall abut an interior or exterior

open space or an open verandah open to such interior or

exterior open space. The exterior open space (set back) shall be provided at the front, sides and rear of the building within the plot boundaries forming an integral part of the plot.

5.5.2

Exterior Open Space/Set Backs and Plot Coverage: The minimum open space/set backs to be provided in front, rear and side(s) and the maximum allowable coverage shall be as per Table No. 7 TABLE NO. 7

S.No.

Plot Size

Coverage

in sq m

Type of

Set Back (m) Front

Rear

Side I

Side II

development

1.

Upto 100

65 %

1.5

1.2

-

-

Row Housing

2.

101 to

60 %

2.0

1.5

1.5

-

Semidetached

200 3.

201-300

55 %

3.0

2.0

1.5

1.5

Detached

4.

Above

45 %

5.0

3.0

3.0

1.5

Detached

300 NOTE:

(vi) In case of corner plots side setback along the street shall not be less than the minimum front setback required on adjoining plot fronting o such side. (vii)

The maximum height of building shall not exceed 1.5 times the

width of road abutting plus the front open space. (viii)

In plot above 300 sq m one side setback can be used for garage

to the extent of 40% of set back.

5.5.3

Interior Open Space: The whole or part of one or more rooms intended for human habitation and not abutting either the front, rear or side open spaces shall abut on an interior open space whose minimum width shall be 2.0 m and minimum area of 6.0 sq m.

5.0

Open Space for Industrial Buildings: The open spaces for industrial building shall be as given in Table No. 8 TABLE NO.8

S.No.

Set Back (m)

Plot Size in (sq m)

Coverage FAR

Front

Rear

Side I

Side II

(%)

1.

Upto 150

2.0

1.5

1.5

-

60

0.60

2.

151 to 200

3.0

2.0

2.0

-

60

0.60

3.

201-250

3.5

2.0

2.5

-

60

0.60

4.

251-300

3.5

2.5

1.5

2.5

55

0.55

5.

301-350

4.0

2.5

2.0

2.5

50

0.50

6.

351-400

5.0

3.0

2.5

2.5

50

0.50

7.

4.1-450

5.0

3.0

2.5

3.0

50

0.50

8.

451-500

5.0

3.0

2.5

3.0

50

0.50

9.

501-550

5.5

3.0

2.5

3.0

45

0.45

10.

551-1,000

6.0

4.5

4.5

4.5

45

0.45

11.

1001-5000

9.0

4.5

4.5

4.5

40

0.40

12.

5001-30000

9.0

9.0

4.5

4.5

35

0.35

13.

Above 30000

15.0

15.0

15.0

15.0

30

0.30

5.0

Other Buildings: 5.7.1

In case of commercial areas for shopping center the open spaces shall be of minimum 2 m width in front and rear, side open spaces may not be necessary if it is developed as shopping area under Row Housing Scheme. However appropriate open spaces for lighting and the ventilation shall be provided through interior open space. The front open space may be developed as an arcade but no construction shall be permitted on the first floor of such arcade. The provision of rear open space shall not be applicable in case of back-to-back shopping center schemes.

5.7.2

Building for Business, assembly educational and institutional uses hall be provided with the open spaces as given in Table No. 9

TABLE NO. 9

Open Spaces (Width in m) Front

Rear

Side I

Side II

6.0

4.5

3.0

3.0

5.0

Site Coverage: 5.8.1

The maximum site coverage for commercial plots shall be 60% of the total plot area and maximum FAR 1.2

5.8.2

The maximum site coverage for Educational and institutional building shall be 40% of the total plot area.

5.0

Height of Building: 5.9.1

Only two storey of a total height of 7.5 m from the plinth level to the top of the ridge in the case of pent roof and of a total height of 6.0 from the plinth level to the top of a roof in the case of flat roof shall be allowed.

NOTE:

In cases where the plots are approachable from more than one road at different level, the height of the building, for the purpose of these regulations shall be measured from the road at the lowest level and at the lowest point.

5.0

Parking, Loading and Unloading Spaces: 5.10.1 Each of street parking spaces provided for motor vehicles shall not be less than 13.75 sq m area and for scooters and cycles the parking spaces shall not be less than 1.3 sq m and 1.0 sq m respectively.

5.10.2 For buildings of different occupancies, off street parking space for vehicles shall be provided as stipulated below. i.

Motor Vehicles: Space shall be provided as specified in Table No. 10 for parking motor vehicles

TABLE NO. 10 S.No

Occupancy

One Parking Space For Every

.

1.

Residential (i) Group Housing

Tenement exceeding 90 sq m or more carpet area. For tenement less than 90 sq m carpet area, one parking space for each two tenements.

(ii) Lodging establishment, Tourist Homes and Hotels with

6 Guest Rooms

lodging accommodation 2.

Educational

100 sq m carpet area or fraction thereof, of

the administrative areas and public areas 3.

Institutional (Medical)

20 beds

4.

Assembly

30 seats

5.

Govt. or semi public Business

100 sq m carpet area or fraction thereof

6.

Mercantile

-do-

7.

Industrial

200 sq m carpet area or fraction thereof.

8.

Storage

100 sq m up to 500 sq m area and every 200 sq m thereafter.

9.

Restaurant

Upto first 20 seats nil, one parking space for every 20 additional seats.

NOTE: In the case of auditorium for educational building, parking space shall be provided as per S.No. 4 ii.

Other Type of Vehicles: In addition to the parking areas provided under regulation no. 5.10.2 as above 10% additional parking space shall be provided for parking other types of vehicles.

5.10.3 Off street parking spaces shall be provided with adequate vehicular access to a street and the area of drives, aisles and such other provisions required for adequate maneuvering of vehicles shall be exclusive of the parking spaces stipulated in these regulations.

5.10.4 If the total parking space required by these regulations is provided by a group of property owners for their mutual benefits, such use of this space may be constructed as meeting the off street parking requirements under these regulations.

5.10.5 In addition to the parking spaces provided for building of Mercantile, industrial and storage at the rate of one space of minimum 3.5mĂ—7.5m size for loading and unloading activities for each 1000 sq m of floor area or fraction thereof exceeding the first 200 sq m of the floor area shall be provided.

5.10.6 Parking lock-up garages shall be included n the calculation of floor space for FAR calculations unless they are provided in the basement of building.

5.10.7 The space to be left out for parking shall exclude the space necessary for circulation, turning and convenient movement of vehicles (maneuvering of vehicles.)

5.10.8 50% of the exterior open spaces shall be allowed to be used as parking or loading and unloading spaces, provided that a minimum distance of 3.6 m around the building shall be kept free from any parking and loading or unloading spaces.

5.0

Requirement of Parts of Buildings: 5.11.1 The minimum area, height and width requirement of various parts of building shall be as given in Table No. 11

S.

Part of Building

No

Height

Height (Sloppy

(Flat

roof) (m)

Roof) (m)

At

Average

Eaves

height

Minimum Minimum Area

Width

(Sq m)

(Sq m)

level 1.

Habitable Room (a) Single Room Dwelling 2.75

2.4

2.75

10.0

2.4

unit

2.

(b) Habitable room

2.75

2.4

2.75

8.0

2.4

(c) Hostel

2.75

2.4

2.75

5.5

2.4

(d) Two room Dwelling 2.75 unit

2.4

2.75

8 & 9.5

2.4

Kitchen (a) Kitchen without store

2.75

2.4

2.75

4.0

1.5

(b) Kitchen with store

2.75

2.4

2.75

4.5

1.5

(c) Kitchen with dinning

2.4

2.4

2.75

6.0

2.4

(a) Bathroom

2.20

2.0

2.20

1.5

1.2

(b) Water closet

2.20

2.0

2.20

1.2

1.0

and 2.20

2.0

2.20

2.8

1.2

Bathroom/WC

3.

(c) Combined

bath

WC

4.

Mezzanine Floor*

2.4

2.0

2.40

8.0

2.4

5.

Garage

2.4

2.0

2.40

18.75

2.5

* Aggregate area should not be more than 33.3% of the plinth area.

NOTE: 1.

Height shall be measured from the surface of the floor to the lowest point of the ceiling (bottom of slab). In case of air conditioning room, the minimum height shall be 2.4 m measured from the surface of the floor to the lowest point of air conditioning duct or false ceiling.

2.

Where lofts are provided in kitchen and in another area the maximum coverage shall be not more than 25% of the area of the room.

3.

The minimum headroom under beams shall be 2.4 m.

4.

The maximum headroom under beams shall 1.5 m.

5.

Minimum headroom in a passage under the landing of a staircase and under the staircase shall be 2.2 m.

6.

The minimum headroom under corridor shall be 2.4 m.

5.11.2 The minimum ceiling height (measured from the floor level to the lowest point of the ceiling) of an industrial building shall be 3.6 m.

5.0

Other Requirement of Parts of Buildings:

5.12.1 Kitchen: Every room to be used as kitchen shall have: (a) Unless separately provided in a pantry, means for the washing of kitchen utensil, which shall lead directly or through a sink to a grated and trapped connection to the waste pipe. (b) An impermeable floor. (c) A flue, if found necessary.

5.12.2 Bathroom and WC's a. Every bathroom and W.C shall: i.

Be so situated that at least one of its walls shall open to external air.

ii.

Not be directly over or under any room other than another latrine, washing place bath or terrace, unless it has a watertight floor.

iii.

Have the platform or seat made of watertight non-absorbent material.

iv.

Be enclosed by walls or partitions and the surface of every such wall or partition material to a height of not less than one m above the floor of such a room, and

v.

Be provided with an impervious floor covering sloping towards the drain with a suitable grade and not towards verandah or any other room.

b. No room containing W.C shall be used for any purpose except as lavatory and no such room shall open directly into any kitchen or cooking space by a door, window or other opening, every room containing W.C. shall have a door completely closing the entrance to it.

5.12.3 Mezzanine Floor: (Not to be allowed in Nainital Municipal Area) A mezzanine floor may be permitted over a room of a compartment provided that: i.

It confirms to the standards of living rooms as regards lighting and ventilation.

ii.

It is so constructed as not to interface under any circumstances with the ventilation of the space over and under it.

iii.

Such mezzanine floor is not sub divided into smaller compartments.

iv.

Such mezzanine floor or any part of it shall not be used as kitchen and

v.

If no case a mezzanine floor shall be sub-divided so as to make it liable to be converted into unventilated compartments.

5.12.4 Plinth: The plinth of any part of building shall be so located with respect to the surrounding ground level or crest of the road level that adequate drainage of site is assured. In no case shall this be less than 0.15 m. every interior courtyard or garage shall be raised at least 0.15 m above the level of the surrounding ground and shall be satisfactorily drained.

5.12.5 Roof: (a) The roof of a building shall be so constructed or framed as to permit effectual drainage of the rain water therefore by means of sufficient water pipes of adequate size, wherever required so arranged, jointed and fixed as jointed to ensure that the rain water is carried away from the building without dampness in any part of the walls or foundation of the building or those of an adjacent building. (b) Rainwater pipes may be required to be connected to a drain or sewer through a covered channel formed beneath public footpath to connect the drain water pipe to the road gutter. (c) Rain water pipes shall be affixed to the outside of the walls of the building or in recesses of chases formed in such walls. (d) The roof of the building shall be sloppy with the minimum slope of 1:3.

5.12.6 Boundary Walls: (a) The maximum height of the front compound wall shall be 1.5 m above the centerline of the front street. (b) The rear and the side compounds walls shall not have a height more than 3 m above the center line of the service road in case it exists; otherwise 2 m which shall be measured above the centre line of the front street. In

case of a corner plot the height of the boundary wall abutting on the side road shall also not be more than 1.5 m till the courtyard width starts. (c) However the provisions (a) and (b) are not applicable to boundary walls of jails Sanatorium, Factories and Educational Institutions.

5.0

Lighting and Ventilation Requirements:

5.0

Exit Requirements: 5.14.1 a. Every building for human occupancy shall be provided with exits sufficient to permit safe escape of occupants in case of fire or other emergency. b. In every building exit shall comply with minimum requirements of this part except those not accessible for general public use. c. All exits shall be free of obstructions. d. No building shall be altered so as to reduce the number width or provision of exists to less than that required. e. Where necessary, adequate and reliable illuminations shall be provided for exits. f. All exits shall provide continuous means of egress to the exterior to a building or to an exterior open space leading to a street.

5.14.2 In addition to the requirements of regulation no. 5.14.1 the following general provisions shall apply to all buildings except residential buildings upto three Storeys in height. (i) Fire fighting equipment shall be suitably located and clearly marked. (j) Exits shall be so arranged that they may be reached without passing through another occupied unit.

5.14.3 Exits shall be so located that the travel distance on the floor shall not exceed 22.5 m for residential and 30 m for assembly, business mercantile, storage and industrial occupancies.

5.14.4 Capacity of Exits:

(a) The unit of exit width used to measure capacity of any exit shall be 50 cm.

A clear width of 25 cm shall be counted as an additional half unit. Clear width less than 25 cm shall not be counted for exit width. (b) The occupant per unit exit width shall be as given in Table No. 12 TABLE NO. 12 OCCUPANTS PER UNIT EXIT WIDTH S.No.

Group of Occupancy

Number of

Occupants Doors

Stairways 1.

Residential

25

75

2.

Educational

25

75

3.

Institutional

25

75

4.

Assembly

60

90

5.

Business

50

75

6.

Mercantile

50

75

7.

Industrial

50

75

8.

Storage

50

75

9.

Hazardous

25

40

5.14.5 Number of Exits: (a) The location, width and number of exits shall be in accordance with the travel distance, capacity for exits and population of building based on the occupant load as given in Table 13.

NOTE: After finding out the population of any floor or contained space by dividing the floor area (gross) by the occupant load, from Table No. 13 the width of doors, stairways, corridors shall be calculated by dividing the population by the capacity of each exit from Table No. 12. The number of units of door or stairways (width) required could be found out from the above and applying

regulation 5.14.4 (a) exact width of the door/corridor/stairways can be found out.

TABLE NO. 13 S.No.

Group of Occupancy

Occupant load Gross area in sq m/person

1.

Residential

12.5

2.

Educational

4

3.

Institutional

15*

4.

Assembly (a) With fixed or loose seats 0.6 ** and dance floors. (b) Without seating facility

1.5 ***

including dining rooms 5.

Mercantile (a) Street floor & sales

3

basement. (b) Upper sale floors

6

6.

Business & Industrial

10

7.

Storage

30

8.

Hazardous

10

*

The gross area shall mean plinth area or covered area.

**

Occupant load in dormitory portion of homes for the aged, orphanages, insane asylums etc. where sleeping accommodation is provided, shall be calculated, at not less than 7.5 sq m gross area/person.

***

The gross area shall include in addition to the main assembly room or space, any occupied connecting room or space in the same storey or in the storeys above or below, where entrance is common to such rooms and spaces and they are available for use by the occupants of the assembly place. No deduction shall be made in the gross area for the corridors, closets or other subdivisions; the area shall include all space serving the particular assembly occupancy. (b)

There shall not be less than two exits for building over 3 storeys in height serving every floor area and at least one of them shall be internal enclosed.

5.14.6 Other Requirement of Exits (a) Doorways: 1) Every exit doorway shall open into an enclosed stairway, a horizontal exit, on a corridor or passageway providing continuous and protected means of egress.

2) No exit doorway shall be less than 100 cm in width. Doorway shall not be less than 200 com in height.

3) Exit doorways shall open outwards that is away from the room, but shall not obstruct the travel along any exit. This shall not apply to residential building (dwellings) upto 3 storey in height. No door, when opened shall reduce the required width of stairway or landing to less than 90 cm overhead or sliding shall not be installed. (b)

Doors:

1. Revolving door shall not be used as exit except in residential, business and mercantile occupancies but shall not constitute more than half the total required door width.

2. When revolving doors are considered as requirement exit way the following assumption shall be made: (i)

Each revolving door shall be credited to one-half a unit of exit width.

(ii)

Revolving doors shall not be located at the foot of a stairway. Any stairway served by a revolving door shall discharge through a lobby or foyer.

(c)

Stairways: a)

Interior stairs shall be constructed of non combustible materials throughout in case of all buildings up to 3 storeys in height.

b)

Interior staircase shall be constructed as a self concerned unit with at least one side adjacent to so internal wall and shall be completely enclosed in case of all building excepting residential buildings (dwellings) upto 2 storeys in height.

c)

The staircase shall not be arranged around a lift shaft unless the latter is entirely enclosed by material of fire resistance rating as that for type or construction itself.

d)

Hollow combustible construction shall not be permitted.

e)

The minimum width of an internal staircase shall be 106 com except in the case of residential dwelling the minimum width shall be 75 cm.

f)

The minimum width of treads without nosing shall be 25 cm for an internal staircase for residential buildings, in the case of other buildings the minimum tread shall be 30 cm. The treads shall be constructed and maintained in a manner to prevent slipping.

g)

The maximum height of rise shall be 10 cm in the case of residential buildings and 15 cm in the case of other buildings. They shall be limited to 12 per flight.

h)

Handrails shall be provided with a minimum height of 90 cm from the centre of the tread.

(d)

Ramps: Ramps with a slope of not more than 1 in 8 may be substituted for and

shall comply wit all the applicable requirements of required stairways as to enclosure, capacity and limiting dimensions. Large slopes shall be provided for special used, but in no case greater than in 1 to 6 for all slopes exceeding 1 in 10 and wherever the use in such as to involve danger of slipping, the ramp shall be surfaced with approved non slipping material.

CHAPTER- 6 SANITATION REQUIREMENTS 6.1

The requirements of services such as WS’s, ablution taps, urinals, wash basin, baths, kitchen-sinks etc for various occupancies shall be as specified in tables given below : TABLE NO. 14 SANITATION REQUIREMENTS FOR HOTELS

S.No.

Elements

For residential public

For public rooms

For non Residential staff

staff For Males

For Females

For Males

For Females

6

7

1

2

3

4

5

1.

Water

One per 3 persons

One per 100

2

for

100

1

Closet

omitting occupant of

persons

persons

upto

persons 2 for

persons 2 for

the

40

persons

16-35 persons

13-25 persons 3 for

2.

room

with

upto persons

200

for

for

1-12

26-40

after over 400

after over 200

3

minimum of 2 in both

add at the rate

add at the rate

persons 4 for

persons 4 for

sexes

of one per 250

of one per 100

66-100 persons

41-57 persons.

persons or part

persons or part

therefore

therefore One in each

One

water closet

water closet

One in each water

One in each

One

in

each

Taps

closet

water closet

water closet

36-65

1

attached water closet

Ablution

for

1-15

in

each

One water tap with draining arrangements shall be provided for every 50 persons or part thereof in the vicinity of water closet and urinals.

3.

Urinals

One per 50 persons or part thereof

Nil upto 6 persons, 1 for 7-20 persons, 2 for 21-45 persons, 3 for 46-70 persons, 4 for 71-100 persons

4.

1-12

One per water

One per water

1

Basin

omitting the wash

closet

closet provided

persons, 2 for

persons, 2 for

basin in the room

urinal provided

16-35 persons,

13-25 persons,

3

3

suit

for

1-15

for

One per 10 persons

and

for

1

Wash

36-65

for

26-40

persons, 4 for

persons, 4 for

66-100 persons

41-57 persons,

5

for

58-77

persons, 6 for 78-100 persons 5.

Baths

One per 100 persons omitting

occupants

of the room with

”

,,

,,

,,

”

,,

,,

,,

One in each

One in each

One in each

One in each

kitchen

kitchen

kitchen

kitchen

bath in suit 6.

Slop Sinks

One

per

30

bed

rooms (one per floor room min.)

7.

Kitchen

One in each kitchen

Sinks

NOTE: It may be assumed that the two thirds of the numbers are males and one third females.

TABLE NO. 15 SANITARY REQUIREMENT FOR EDUCATIONAL OCCUPANCY S.

Elements

2

3

4

Boarding Institutes

School

No.

1.

Nursery

Other Educational Institutions

For Boys

For Girls

For Boys

For Girls

One/every 8

One/every 6

One/every

One/every 20

Waster

One per 15

Closet

pupils or part pupils or

pupils or part

40 pupils or

pupils or part

thereof

part thereof

thereof

part thereof

thereof

Ablution

One in each

One in each

One in each

One in each

One in each

Taps

water closet

water closet

water closet

water closet

water closet

Urinals

Wash

One per 15

One per

One per

every 20

every 25

pupils or

pupils or

part thereof

part thereof

One/every 8

One/every 6

One/every

One/every 40

Basins

5

6

pupils or part pupils or

pupils or part

40 pupils or

pupils or part

thereof.

part thereof

thereof

part thereof

thereof

One bath

One/every 8

One/every 6

sink per 40

pupils or

pupils or part

pupil

part thereof

thereof

Drinking

One for

One for

One for every

One for

One for every

water

every 60

every 60

60 pupils or part every 60

60 pupils or

fountains

pupils or part pupils or

thereof.

part thereof.

Bath

thereof.

7

part thereof.

pupils or part thereof.

Cleaners

One per floor One per

One per floor

One per

One per floor

sinks

minimum

minimum

floor

minimum

floor minimum

minimum

TABLE NO. 16 SANITARY REQUIREMENT FOR INSTITUTIONSL (MEDICAL) OCCUPANCY HOSPITALS

S.

Elements

Hospital with

Hospital with outdoor

No

indoor patient

patients

.

wards for males & females

1.

For Males

For

Administration buildings

For Males

Females

For Females

Waster

One for every 8

One for

Two for

One for

One for

Closet

beds or part thereof

every 100

every 100

every 25

every 15

persons or

persons or

persons or

persons or

part thereof

part thereof

part thereof

part thereof

2

Ablution

One in each water

One in each

One in each

One in each

One in each

Taps

closet plus one

water closet

water closet

water closet

water closet

water tap with draining arrangements in the

One water tap with draining arrangements shall be

vicinity of water

provided for every 50 persona or part thereof in the

closed and urinals

vicinity of water closet and urinals

for every 50 beds or part thereof.

3

Wash

2 upto 30 beds add

One for every 100 persons

One for every 25 persons

Basins

one for every

or part thereof

or part thereof

additional 30 beds or part thereof.

4

Bath with

One bath with

One in each

One in each

Shower

shower for every 8

floor

floor

One per

One per

floor

floor

minimum

minimum

beds or part thereof.

5

Bed pan

One for each ward

washing sinks 6

Cleaners

One for each ward

sinks

7

Kitchen

8

Urinals

One for each ward One for every 50 persons or part thereof.

Nil upto 6 persons, 1 for 720 persons, 2 for 21-45 persons, 3 for 46-70 persons, 4 for 71-100 persons from 101-200 add at the rate of 3% for over 200 persons add @ 2.5%.

TABLE NO. 17 SANITARY REQUIREMENT FOR INSTITUTIONSL (MEDICAL) OCCUPANCY (STAFF QUARTER AND HOSTELS) S.No.

1.

Elements

Water Closet

Doctor’s Dormitories For male staff

For female staff

One for 4 persons

One for 4 persons

Nurses Hostels

One for 4 persons or part thereof

2.

Ablution taps

One in each water

One in each water

One in each water

closet

closet

closet

One water tap with draining arrangements shall be provided for every 50 persons or part thereof in the vicinity of water closet and urinals.

3.

4.

5.

Wash Basins

Bath with Shower

Cleaners sinks

One for every 8

One for every 8

One for every 8

persons or part

persons or part

persons or part

thereof.

thereof.

thereof.

One for 4 persons

One for 4 persons

One for 4-6 persons

or part thereof.

or part thereof.

or part thereof.

One per floor

One per floor

One per floor

minimum

minimum

minimum

TABLE NO. 18 SANITARY REQUIREMENT FOR GOVERNMENT OR SEMI-PUBLIC BUSINESS OCCUPANCIES S.No. 1.

2.

Elements

For male persons

For female persons

Water Closet

Only for every 25

Only for every 15

persons or part thereof

persons or part thereof

One in each water

One in each water closet

Ablution Taps

closet One water tap with draining arrangements shall be provided for every 50 persons or part thereof in the vicinity of water closet and urinals.

Nil upto 6 persons 1 for 7-20 persons 2 for 21-45 persons 3 for 46-70 persons, 4 for 71-100 persons From 101-200 add at the rate of 3% For over 200 persons add at the rate of 2.5%.

3.

Urinals

4.

Wash Basins

One for every 25 persons or part thereof.

5.

Drinking water

One for every 100 persons with a minimum of one

fountain

for each floor.

6.

Bath

Preferably one on each floor

7.

Cleaners sinks

One per floor minimum preferably in or adjacent to sanitary rooms

TABLE NO. 19 SANITARY REQUIREMENT FOR ASSEMBLY OCCUPANCIES BUILDING (THEATRE, AUDITORIUM & CINEMAS) S.No.

For Public

Elements

Males 1. Water closet

Females

For Staff Males

Females

One for 100

2 per 100

1 for 1-15

1 for 1-12

persons upto

person's upto

persons 2

persons, 2

400 persons,

200 persons

for 16-25

for 13-25

for over 400

for over 200

persons

persons.

persons add

persons add @

@ 1 per 250

of 1 per 100

persons or

persons or

part thereof

part thereof.

2. Ablution

One in each

One in each

One in each

One in each

Taps

water closet

water closet

water closet

water closet

One water tap with draining arrangements shall be provided for every 50 persons or part thereof in the vicinity of water closet and urinals.

3. Urinals

1 for 50

Nil upto 6

persons of

persons 1 for

part thereof.

7-20 persons 2 for 21-45 persons.

4. Wash Basins One for

1 for 1-15

1 for 1-12

every 200

200 persons or persons, 2

persons, 2

persons or

part thereof.

for 16-35

for 13-25

persons.

persons

part thereof.

One for every

NOTE: It may be assumed that two thirds of the number are males and one third females.

TABLE NO. 20 SANITARY REQUIREMENT FOR ASSEMBLY OCCUPANCIES BUILDING (ART GALLERIES, LIBRARIES & MUSEUM) S.No.

For Public

Elements

Males 1. Water closet

For Staff

Females

Males

Females

One for 200

1 per 100

1 for 1-15

1 for 1-12

persons upto

person's upto

persons 2

persons, 2

400 persons,

200 persons

for 16-35

for 13-25

for over 400

for over 200

persons

persons.

persons add

persons add @

@ 1 per 250

of 1 per 100

persons or

persons or part

part thereof

thereof.

2. Ablution

One in each

One in each

One in each

One in each

Taps

water closet

water closet

water closet

water closet

One water tap with draining arrangements shall be provided for every 50 persons or part thereof in the vicinity of water closet and urinals.

3. Urinals

1 for 50

.

Nil upto 6

persons of

persons 1

part thereof.

for 7-20 persons 2 for 21-45 persons

4. Wash Basins One for

One for every

1 for 1-15

1 for 1-12

every 200

200 persons or

persons, 2

persons, 2

persons or

part thereof

for 16-35

for 13-25

part thereof

for over 200

persons.

persons

for over 200

persons add @

persons add

1 per 150 or

@ 1 per 250

part thereof.

or part thereof 5. Cleaners

1 per floor

Sinks

minimum

NOTE: It may be assumed that two thirds of the numbers are males and one third females.

TABLE NO. 21 SANITARY REQUIREMENT FOR ASSEMBLY OCCUPANCIES (RESTURANTS) S.No.

Elements

For Public

For Staff

Males

Females

Males

Females

1. Water closet

One for 50 seats upto 200 seats for over 200 seats add @ 1 per 100 seats or part thereof.

1 per 50 seats, upto 200 seats, for over 200 seats add @ of 1 per 100 seats or part thereof.

1 for 1-15 persons 2 for 16-35 persons, 3 for 36-65 persons, 4 for 66-100 persons.

1 for 1-12 persons, 2 for 13-25 persons. 3 for 26-40 persons, 4 for 41-57 persons, 5 for 58-77 persons 6 for 78-100 persons.

2. Ablution Taps

One in each water closet

One in each water closet

One in each water closet

One in each water closet

One water tap with draining arrangements shall be provided for every 50 persons or part thereof in the vicinity of water closet and urinals.

3. Urinals

1 for 50 persons of part thereof.

4. Wash Basins

One for every water closet provided

.

Nil upto 6 persons 1 for 7-20 persons 2 for 21-45 persons, 3 for 46-70 persons, 6 for 71-100 persons

5. Kitchen Sinks One in each @ Dish kitchen washers 6. Slop or service sinks

One in each restaurant

NOTE: It may be assumed that two thirds of the numbers are males and one third females

TABLE NO. 22 SANITATION REQUIREMENTS FOR SHOPS AND COMMERCIAL OFFICES S.No.

Elements

1. Water Closet

For Personnel One for every 25 persons or part thereof exceeding 15 (including employee and customers). For female personnel one per every 15 persons or part thereof exceeds 10.

2. Drinking water Foundation

One for every 100 persons with a minimum of one in each floor.

3. Wash Basin

One for every 25 persons or part thereof.

4. Urinals

Same as serial no. 3 of Table No. 17

5. Cleaners Sink

One per floor minimum preferably in or adjacent to sanitary room.

NOTE: Number of customers for the purpose of the above calculation shall be the average number of persons in the premises for time interval of one hour during the peak period. For male-female calculation a ratio of 1:1 may be assumed.

TABLE NO. 23 SANITATION REQUIREMENTS FOR FACTORIES S.N. 1.

Elements

For Male Personnel

For Female personnel

Water closet

1 for 1-15 persons

1 for 1-12 persons

2 for 16-35 persons

2 for 13-25 persons

3 for 36-65 persons

3 for 26-40 persons

4 for 66-100 persons

4 for 41-57 persons

From 101-200 add @ 3%

5 for 58-77 persons

From over 200 persons add @ 2.5%

6 for 78-100 persons From 101-200 add @ 5 % From over 200 persons add @ 4%

2.

Ablution Taps

One in each water closet

One in each water closet

One water tap with draining arrangements shall be provided for every 50 persons or part thereof in the vicinity of water closet and urinals.

3.

Urinals

Nil upto 6 persons 1 for 7-20 persons 2 for 21-45 persons 3 for 46-70 persons 4 for 71-100 persons From 101-200 add @ 3% From over 200 persons add @ 2.5%.

4.

Washing Taps with draining arrangements

One for every 25 persons or part thereof.

One for every 25 persons or part thereof.

5.

Drinking water fountain

One for every 100 persons with a minimum on one in each floor

One for every 100 persons with a minimum on one in each floor

6.

Bath (preferably showers)

As required for particular trade or occupation

As required for particular trade or occupation

NOTE: For many trades of a dirty or dangerous character, more extensive provisions are required.

TABLE NO. 24 SANITATION REQUIREMENTS FOR RESIDENCE S.No. Elements

1. Bathroom

Dwelling with

Dwelling without individual

individual convenience

convenience

1 provided with water

One for every two tenements

Tap 2. Water Closet

1

One for every two tenements

3. Sinks (or

1

One with drain

Nahan) in the

arrangements in each

floor

tenements

4. Water Tap

1

One in common bath room and common water closet

NOTE: Where only one water closet is provided in the dwelling the bath and water closet should be separately accommodated.

TABLE NO. 25 SANITATION REQUIREMENTS FOR LARGE STATIONS AND AIRPORTS (if provided) S.No. Place

1.

2.

W.C. for males

W.C. for

Urinals for

females

males only

Junction stations

3 for 1000 persons 4 of 1st 1000

intermediate

and 1 for every

persons and 1

persons and 1

stations and Bus

subsequent 1000

for every

for every

stations

persons or part

additional 1000

additional 1000

thereof.

persons

persons

Terminal Stations

4 for first 1000

5 for first 1000

6 for first 1000

and Bus terminal

persons and 1 for

persons and 1

persons and 1

every subsequent

for every

for every 1000

1000 persons or

subsequent 2000

persons or part

part thereof.

persons or part

thereof

thereof.

4 of 1st 1000

CHAPTER - 7 SPECIAL PROVISIONS

7.1

Following special provisions shall also have to be fulfilled before issuing building permit.

7.1.1

In Nainital Municipal area a space of at least 3 m in width along entire frontage of the building from the edges of the road must be left open if it subtends any Municipal or Public Work Department road (Service Road, Collector Road and major Road) except in the Bazars other than those facing the Mall and motorable roads as follows, viz, 1.2 m in width from the edges of the road must be completely open and thereafter only an open verandah of 1.8 m may be constructed. No mosque, Temple, Church or other sacred building shall be erected unless the frontage is at least 4.5 m from the edges of the road, on which it abuts.

7.1.2 The outer covering of all roots must be made of tiles, irons sheets or other approved materials.

7.1.3 Any space between two blocks of building or other open space or chalk of lane shall not be allowed to be built upon. Any gap or open space in the upper or flats between two buildings along the street shall not be raised to the level of the adjoining building.

7.1.4 No chauks or open spaces or courtyard or lane in a building shall be allowed to be covered.

7.1.5 No close or glazed balcony or verandah shall be allowed at the front or back of building where there are more than two rooms in depth so as to interfere with through ventilation.

7.1.6 No building or rooms shall be allowed to be erected which is not higher than the surrounding ground or hilly by at least 30 cm.

7.1.7 No room or house or building shall be built against a hill or retaining wall.

There must be an open space at least 1.2 m between the building and the hill.

7.1.8 No more than three rooms shall be allowed in one row front back of the building excepting open verandah and open balcony.

7.1.9 No bathroom, kitchen or latrine/ W.C. shall be allowed in any storey of the building facing the bazaar side.

7.1.10 In every chalk ladders from level to the upper most storey should be made either of masonry or cement concrete or in such manner as to make it state any easy for the bhistees and sweepers.

7.1.11 No construction will be allowed generally in any open space, whether private or municipal area in the bazaar areas and in particular in the following areas.

Open spaces at the back of house no. 17, 18, 43 to 56,59,83,84 and 178 to 194 between house no. 244, 245 and 246 behind to the houses of Naya Bazar in the Tallital Bazar.

7.1.12 No building other than a municipal building shall be erected by any public body or institution within the compound of the municipal market at Mallital, Nainital.

7.1.13 No cutting or excavation for construction or for any other purpose should be allowed on state dripping down the hill or slate rubble where the slope of the hill is more than 26.5 degree i.e. 1 in 2.

7.1.14 Construction of building on steeper slopes more than 26.5 degree it states may be permitted if the bedding and division planes dip into the hill slope.

7.1.15 Cutting or excavation for construction of building may be allowed on slope with gradient greater than 26.5 degree at Ayarpatta comprising of fire dolomite and quartzite, provided rock cutting does not leave overhanging messes or unsupported talus to slips.

7.1.16 No cutting or excavation or quarrying stones projected or deep for construction of building or for any other purpose may be allowed in the area composed quartzite dolomite rubble where the angle of hill slope is greater than 30 degree or 1:1:73 gradients. Suitable breast walls in accordance with the recognized Public Work Department specification, at the back, are essential.

7.1.17 the apparent dip of the dominant divisional plane is into the hills, at angle greater than 10 degree from the horizontal and construction is permissible,

slopes of less than 26.5 degree upto within 30 ft of the steeping of the gradient below this site.

7.1.18 the apparent dip of the dominant divisional plane is inclined down the slope but at an angle of ground slope construction in permissible as in 7.1.17.

7.1.19 the apparent dip of the dominant divisional plane is inclined down the slope an angle roughly coincident with or less than the maximum slope of the hill slope below the site. Construction should only be permissible well away from the slope of the steeper convex slope so as to avoid any slips that might occur in the below the divisional plane and the steep portion of the hill side.

7.1.20 In places where exposures are poor and structure is not clear, building should not be permitted without excavation to determine the nature of rocks and structure.

7.1.21 All masonry buildings are to be built on earthquake proof line i.e. with single unit foundation and stringer courses at each floor level and each level except the ground floor.

7.1.22 R.C.C single unit foundation will be at least 15 cm thick and laid on lime concrete lime or cement masonry and will extent to the whole width of the foundation and will extent to the whole width of the walls.

7.1.23 Broad lines of the Design of R.C.C single unit foundation and R.C.C stringer courses to be according to the approved design subject to the alteration to suit special conditions.

7.1.24 The above does not apply to temporary wooden structure. In case of steel frame construction the frames are to be suitably connected in line of stringer courses.

7.1.25 Adequate retaining walls of standard section (fulfilling the public Work Department Specification) shall be provided wherever necessary in the building site area and approach road as desired by the Authority. The retaining walls will be founded on firm rock or ground. The sites will be thoroughly drained for which purpose adequate pucca drains of suitable section will be provided.

7.1.26 The filled in portion of terrace shall be constructed of materials which will not be subjected to large volumetric change due to compaction and variation

in water content i.e. clays and states. Sufficient scope should be left for compaction to take place before construction as permissible on filled in ground in the area.

7.1.27 No building shall be allowed to be built back to front, exception where the buildings are at different levels. In case of buildings at different levels the height of front one shall not be allowed to come more than 0.6 m above the plinth level of the rear building. In special circumstances Authority may in its discretion give exemption to this provision.

7.1.28 The height of no building shall rise more than 1.2 m above the surface of public road immediately behind it, unless the said building s 7.5m or more away from the nearest edge. Provided further only a single storey shall be permitted where the nearest edge of the said public road is only 4.5 m away from the rear of the building. Second storey shall be allowed when there distance from the road edge is equal to the sum of 4.5 m plus the height of the proposed additional storey.

7.1.29 No building or structure shall be constructed in the lake and between the outer edges of the lake (namely Bhimtal, Naukuchiatal, Sukhatal, Sattal, Khurpatal, Sariatal or any other lake) within the Authority and public through fare surroundings the lake and upto the distance of 30 m from the outer edges of the lake on all sites.

7.1.30 Owing to the special condition in hills and particular situation of any case the Chairman may allow deviation from above condition. In such cases the Chairman will examine the case on merit and will record reason for such deviation.

7.1.31 No building or structure shall be constructed between the outer edges of the P.W.D. drains, other natural rain water drains upto the distance of 10 ft. towards the proposed construction.

7.1.32 In case of Industrial Area managed by U.P.S.I.D.C the following N.O.C’s shall be required: a.

Pollution Control Board.

b.

Electricity Board.

c.

Jal Sansthan.

7.2

Special Provision for Construction of Hotels:

7.2.1

Permission to construct Hotels in the areas excluding Nainital Municipal Area shall be accorded in following cases:

a.

If there is any area reserved for this use in Master Plan/Zonal Plan.

b.

Construction of Hotels shall be permitted in all the shopping areas.

c.

In those residential plots which have a minimum area of 200 sq m and approached by a road not less than 4.5 m in width. In special circumstances Authority may relax this provision if otherwise site is found suitable.

d.

7.2.2

Any other area which Authority thinks fit for construction of Hotel.

Coverage and FAR Maximum coverage of 40% and FAR of 0.80 shall be permitted.

7.2.3

Height and Storeys Only two storey of a total height of 7.5 m from the plinth level to the top of ridge in the case of pent roofs and a total height of 6.0 m from the plinth level to the top of roof in the case of a flat roof shall be allowed.

NOTE: In cases where the plots are approachable from more than one road at different levels, the height of the buildings, for the purpose of these regulations shall be measured from the road at the lowest level and the lowest point.

7.2.4

Set Backs: The minimum set back to be provided in front, rear and side(s) shall be as per table No. 26 TABLE NO. 26

S.No.

Set Back

Plot Size (sq m)

Front

Rear

Side I

Side II

3.6

3.0

1.5

1.5

Residential Area: 1.

200 to 300

2.

301 to 500

4.5

3.0

3.0

1.5

3.

Above 500

6.0

3.0

3.0

3.0

Other Areas: 4.

200 to 300

4.5

3.0

1.5

1.5

5.

301 to 500

4.5

3.0

3.0

3.0

6.

501 to 750

6.0

3.0

3.0

3.0

7.

Above 750

6.0

4.5

3.0

3.0

NOTE: 1. In case of corner plot, side set back along the street shall not be less than the minimum front set back required for adjoining plot fronting on such side.

2. No part of building should cut a plan drawn at 60 degree angle from the terrace level from the opposite edge of the adjacent road. In case of corner plot only the main road site should considered for height restriction 3. In case of commercial area Authority may relax side set back on one side.

7.2.5

Hill side slope liable to sliding during occurrence of an earthquake should be avoided and only stable slope should be adopted for construction site.

7.2.6

It is also preferable to have several blocks on terraces rather than to have one large block with footings at different elevations.

7.2.7

A site subject to the danger of rock fall is to be avoided.

7.2.8

Very loose sands or sensitive clay liable to be disturbed by earthquake should be avoided.

7.2.9

The drainage condition should be improved such that no water accumulates and saturates the grounds close to the footing level.

7.2.10 The foundation of the structures should be kept away from trees and its roots, alluvial soil and unequal or excessive consolidated soil.

7.3

Fees ( Development/Sub-division/Debris disposal charges) :

7.3.1

Before issuing building permit the applicant shall have to deposit the development charges/sub-division charges, where applicable as decided by the Authority from time to time.

7.3.2

In Nainital city/Municipal area the applicant shall also deposit Debris disposal charges at the rate decided by P.W.D. from time to time.

7.4.1

If on any site there are three or more trees in 10 sq m density permission shall not be given.

7.4.2

In open spaces including setback, the minimum 25% spaces shall be used as afforestation.

7.4.3

I case of religious, Cultural and Historical buildings and landmarks no construction shall be allowed in the periphery of 10 m of that building/landmark.

7.4.4

In case of fuel or other gases exits the minimum height of chimney or boiler shall not be less than 30 m or the maximum height of any building which is in a perimeter of 100 m.