MCD-Sanction of Map
MCD-Sanction of Map
CHAPTER –I
GENERAL INFORMATION
1.0 BUILDING PERMIT & COMPLETION CERTIFICATE A
MUST:
No person shall erect or re-erect or make alteration or cause the same to be done without
first obtaining a separate building permit for each such building from the M.C.D. It is in
the interest of the public to get the Building Plans sanctioned to ensure that building
constructed has adequate structural strength and has provision for light, ventilation,
hygienic conditions and conform to the provisions of Master Plan and Zoning
regulations. Constructions raised without sanction are liable for demolition under
section 343 and 344 of D.M.C. Act and owner/builder can also face regular prosecutions
under section 345A read with section 466A of the Act.
It is also mandatory under section 346 of the DMC Act to obtain a completion
certificate without which no person is permitted to occupy or permit to be occupied any
such building or permit to be used any building or a part thereof effected by any such
work until permission has been granted by the Commissioner in this behalf.
Every person who intends to erect or re-erect or make alterations in a building, shall
give notice in writing in the prescribed form No. I (Please see Appendix 'A') and such
notice shall be accompanied by the following:
ii) Proof of Ownership shall have to be submitted along with building plan
application in the form of Lease-deed, sale deed etc. duly accompanied by an
annexed site plan giving the physical description of the plot/property. In such
cases where lease deed has not been executed, N.O.C. from the competent
authority shall be submitted.
vi) Rain Water Harvesting Certificate in case of plot size more than 100 sq. mtrs
in the format as per Annexure ‘B’.
vii) Data to be furnished as required by NBO in the format as per Annexure ‘D’
duly filled in triplicate.
(d) An undertaking for not creating any extra dwelling unit in the format as
given in Annexure ‘F’.
(e) An affidavit to the affect that building materials shall not be stacked on
Government land in case of plot size more than 418 sq.mtrs. in format as
given in Appendix ‘M’..
xi) Other documents which are required to be submitted along with building
plan application in special cases:
a) In case of any deviation from the terms and conditions stipulated in the
lease deed / ownership document, necessary clearance from the lessor;
i) No objection certificate from ASI in case of plots falling within 300 mtrs.
of any protected monument;
N.B. 1: - For purpose of assessment and calculation of the tax, ground area shall mean
the area of the portion, which is proposed to be built including the internal
courtyard.
N.B. 2: - For purpose of the above schedule, the basement where provided will be regarded
as the first storey, the ground floor over the basement as the second storey and
so on.
N.B. 3: - In case where the application is deemed to have been sanctioned under the
provisions of section 337, the tax shall become payable in the same manner as
in cases where an application is sanctioned.
N.B. 4: - In case an application is rejected, 5% of tax due shall be retained and the balance
shall be refunded to the applicant
In case of plot size of 418 sq.mtrs. and more, stacking of building materials or
Malba is not permitted on the Government land. For plots falling in areas where
services are being maintained by any Govt. Agency and for plots below 418 sq.
mtrs. the stacking of any building material on Govt. land shall be allowed by a
special permission within the validity period of sanction of the building plans and
the stacking charges shall be levied as given below: -
i) At the rate of Rs. 1.00 per sqm of covered area / for plots upto 42 sqm. in area;
ii) At the rate of Rs. 1.50 per sqm. of covered area for plots upto 84 sqm. in area;
iii) At the rate of Rs. 2.00- per sq. m. of plots above 84 sqm.
3.1 Location address and telephone nos. of zonal office & building head quarter
Building plans of residential plots upto 400 sq. yds. (334.44 sqm.) are sanctioned by the
respective Executive Engineer (B) of the zone and beyond 400 sq. yds. and all other
types of buildings like institutional, commercial and factories are sanctioned by the
Executive Engineer (B) at the head quarter irrespective of the size of plot. The following
options are available for getting the building plans sanctioned:
A) Instant Sanction: - For residential plots upto 500 sqm. across the table:
This scheme is applicable for plots, which are lying vacant and form part of
approved LOP (layout plan) with respect to its size, shape and area of plot and
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where mandatory set backs, position, size and shape of garage blocks are also
shown in the layout plan.
2. After the site has been inspected, the case shall be scrutinized within 30 days
from the date of inspection. In case there are no objections and corrections
requiring compliances from the owner, the sanction shall be released within 60
days from the date of submission.
The sanction once accepted through building permit shall remain valid for five years
from the date of sanction for the residential, industrial, commercial buildings as well
as well as larger complexes and multi-storeyed buildings, and such buildings as
classified under clause 2.54.2, 2.54.3 & 2.54.4. The building permit shall be got
revalidated before the expiry of this period. Revalidation shall be subject to the
Master Plan/Zonal Plan regulations and Building Bye-laws.
Note: - No building activity can be carried out after the expiry of validity of
such building permit.
The Building Permit can be revalidated for a period of one year at a time from the date
of expiry of the validity of the original permit on payment of the required revalidation
fees. Application for such revalidation shall be submitted on plain paper along with the
following documents: -
The application for revalidation shall be processed and revalidation conveyed within 15
days from the date of submission, if the case is in order. In case of any objection, either
the refusal of such revalidation or objection shall be intimated to the party within 15
days from the date of submission of the application.
In case the building plan is rejected on certain grounds and objections, an appeal can be
made after satisfying the objections, in the office where the plans were rejected along
with an appeal tax at the rate of 5% of the Building tax already deposited. Appeal can be
considered; if the refund of the building tax already deposited has not been claimed.
In case building plan application is rejected, 5% of the building permit fee shall be
retained and balance shall be refunded to the applicant provided the claim is made
within three years from the date of issue of rejection. Such application shall be made to
the office where application was submitted.
The MCD may revoke any building permit issued under the provisions of the bye-laws
if there has been any false statement or any mis-representation of material facts in the
application on which the building permit was based.
Or
If the building permit, so issued, is found to be in violation of building bye-laws /
Master Plan /Zonal Plan regulations
Or
If during construction it is found that the owner has violated any of the provisions of the
Building Bye-Laws or sanctioned plan.
It will be obligatory on the part of every owner to display a copy of sanctioned plan at
some conspicuous place during the construction of the building, failure to do so may
result in revocation of the building permit and the construction carried out will be
treated as unauthorized construction.
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The owner / applicant who has been granted such buildings permit shall intimate the
authority in writing in form III Appendix ‘B” before 7 days of starting of construction
work at site. He shall obtain an acknowledgement from the authority of this notice.
After receiving such notice authority may depute an officer for inspection of the site.
Failure to send this intimation is a violation of the condition of sanction and is subject to
prosecution u/s 337 (4) of D.M.C. Act, which may invite a fine upto Rs. 10,000, and
daily fine upto Rs. 500/-
At this stage, the owner through his licensed Architect/Engineer/Supervisor shall give a
notice to the MCD in the Performa as per Appendix B-1 accompanied with a fee of Rs.
15/- on completion of work upto plinth level to enable the MCD to ensure that work
conforms to the sanctioned plans and Building Bye-laws. The following documents are
also to be submitted along with the notice:
It will be obligatory on the part of the local body (MCD) to inspect the work and submit
the objection, if any, to the owner and architect/engineer within 30 days from the receipt
of such notice in form B-2 failing which work will deemed to be cleared for further
construction. It will be the responsibility of the owner/architect/supervisor to ensure
further construction of the building in accordance with the sanctioned building plan.
According to the provision as contained under section 346 of DMC Act, it is mandatory
for every person not to occupy or permit to be occupied any such building or use or
permit to be used any building or part thereof effected by such work until permission
has been granted by the Commissioner in this behalf in accordance with bye-laws made
under the Act.
Every person shall have to submit a notice of completion of the building in the format as
per Appendix ‘F’ to the Authority regarding completion of the work as described in the
Building Permit. The notice of completion shall be submitted by the owner through the
licensed Architect / Engineer or group, as the case may be who has supervised the
construction, accompanied by the following documents and along with a fee of Rs.20/-.
Application in the prescribed form along with completion plan and other documents
should be submitted in the respective zones for all types of buildings. Time for joint
inspection will be communicated to the applicant / architect at the time of filling such
applications. Objections and compounding fee shall be intimated within a week of joint
inspection. Your architect is expected to provide assistance to you in getting the
completion certificate / occupancy certificate.
In the existing procedure, further simplification has been made for issue of Completion
Certificate across the table under ‘Tatkal Scheme’. Completion certificate will be issued
on the basis of submission of an affidavit / undertaking by the
Architect/Engineer/Supervisor/Group to the effect that building has been constructed
strictly as per law keeping margin for compounding deviations. If any professional
submits such an affidavit/undertaking along with compounding fee on the basis of
his assessment, completion certificate is issued without any further verification of
any kind. Architects registered with the Council of Architect are entitled to avail this
facility for all buildings constructed irrespective of the size of plot, whereas Engineers
& Supervisors shall be entitled for the plot size for which they are licensed to submit
building plans to the MCD. The following procedure is to be followed:
1. A notice for completion shall be given in the proforma given in Appendix ‘F’ of
Building Bye-laws 1983. The notice of completion shall be submitted by the owner
through the licensed Architect/Engineer/Supervisor/Group as the case may be who
has supervised the construction accompanied by the following documents and along
with a fee of Rs. 20/- and compounding charges as worked out on the basis of
assessment by the Architect/Engineer/Supervisor/Group.
iii) Three copies of photographs taken from different angles so as to show the
overall view of the building.
iv) Original sanctioned building plan (To be returned back along with
completion certificate.
v) Copy of sewer connection permission.
vi) Structural Stability Certificate duly signed by the licensed
Architect/Engineer.
vii) Form for certificate of Licensed Architect/Engineer/Supervisor/Group
(Appendix ‘G’ of BBL-1983)
viii) Extension of time from the lessor if required
ix) Water Harvesting Certificate (Annexure ‘B’).
x) Affidavit/undertaking of Architect Engineer/Supervisor/Group (as the case
may be) on Rs.10/- Non-judicial Stamp paper to be Attested by Notary
Public/Metropolitan Magistrate as per Annexure ‘G’.
xi) Affidavit of Applicant/Owner on Rs.10/- Non-Judicial Stamp Paper to be
attested by Notary Public/Metropolitan Magistrate as per Annexure ‘H’.
xii) A statement indicating deviations that are carried out and compounding fee
payable.
xiii) Three copies of form-I (Appendix ‘H’ of Building Bye-laws 1983) duly
filled in by the professional.
2. The above simplified procedure is applicable for all type of buildings except
buildings as identified in Building Bye-law No. 6.2.4.1 where clearance is needed
from the Chief Fire Officer regarding the completion of the work from the fire
protection point of view or the scheme requires clearance from Delhi Urban Art
Commission.
3. In case the application submitted under the ‘Tatkal’ scheme is not in order, the same
shall not be accepted and the reasons for not accepting the proposal shall be
recorded on the application itself submitted by the owner/Architect/
Engineer/Supervisor/Group.
(i) The application along with all information /documents and affidavit/
undertaking duly signed by the owner/Architect Engineer/Supervisor/Group
shall be accepted in order. Incomplete application shall not be accepted.
(ii) All the completion plans shall be duly signed by the owner and the
Architect/Engineer/Supervisor/Group (as the case may be) and shall indicate
his/her name, address and registration number.
(ii) No application shall be deemed valid unless and until the owner giving notice
deposits the requisite fee, compounding charges and other charges if any.
(i) Accommodation shown in the completion plans shall be recorded in the printed
completion certificate book (form-I, Appendix ‘H’ of Building Bye-laws 1983).
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(ii) A stamp shall be affixed on the completion plans & completion certificate
(form-I, Appendix ‘H’ of Building Bye-laws 1983) that the accommodation
shown has been taken in order on the basis of documents,
affidavits/undertakings as per Annexure “ G & H” submitted by the registered
professional and the owner and in case of any discrepancy/mis-representation at
any stage contrary to the particulars given in Annexure “ G & H” is found, the
completion certificate shall be treated as cancelled, besides taking other actions
against the owner and the professional. The contents of the stamp are given as
below:
(iii) All the three copies of completion plan and form-I shall be signed by the
Executive Engineer (B) of the zone; one copy shall be given to the owner,
second copy to be sent to the House Tax department of the zone and third copy
to be retained for office record.
(iv) The original sanctioned building plan received along with the application shall
also be retuned to the owner.
No person shall occupy or permit to occupy any building without first obtaining
Completion Certificate from the M.C.D. as required U/S 346 of the DMC Act. Offence
U/s 346 of the act is punishable with a fine of Rs. 200/- and a further daily fine of Rs.
10/- if such an offence continues
1) Coverage
2) F.A.R.
3) Set- back
4) Open spaces
5) Total height of the building
6) No. of floors
7) No of D.U.s & density
8) Parking norms
9) Light and ventilation provisions
10) Use
11) All other provisions of the bye laws except items given in para "B" below
shall not be compounded / regularized and shall have to be rectified by
altering / demolition at the risk and cost of owner. Besides this any other
action as per terms and conditions of lease and provisions of M.C.D .Act
1957, shall proceed.
Up upto 15 cm (6 inch) Rs. 500 per sq. m. of area infringing the set back
Ab Above 15 cm upto 30 Rs Rs. 1,000 per sq. m of area infringing the set back
cm (6 to 12 inches)
Clause 6.1 & 6.7.1 of the Building Bye laws, the same shall be compounded
at the following rates, provided the building or part thereof so constructed
otherwise conforms to the provisions contained in the Building Bye laws
and Master / Zonal plan regulations. For this party shall have to submit the
request for building permit in the prescribed procedure.
Rates:
(a) Rs. 25/ per sq.m. of the covered area constructed unauthorisedly ;
(b) Rs. 100/- per sq.m. of the covered area constructed unauthorisedly
Residential Buildings above 500 sq.m. plot size, Group Housing & Guest
Houses.
Industrial Buildings
Storage buildings (under ground or above ground)
Hazardous Buildings
Note :-
(1) The buildings not covered specifically under the above categories, shall be
compounded as decided by the authority, considering the merit of each
individual case.
(2) Items which are exempted from the calculations of the coverage and F.A.R.
e.g. Cup-boards, canopy, watchman cabins etc. but constructed
unauthorisedly without obtaining prior permission from the authority, but
within the permissible limits shall also be compounded / regularized at the
rate prescribed above.
(ii) Deviations of the building Bye laws other than as specified in (A) ( Non-
Compoundable)
b) For deviations in terms of height the penalty shall be at the rate of Rs. 10/-
per 1 % of deviation for every 10 sq.m. or part there of the effected area.
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c) Deviations from the prescribed limit of width, length, penalty shall be at the
rate of Rs. 10/- per 1 % of the deviation for every 10 sq.m. or part
thereof the effected area.
Note: - (1) Notwithstanding the provisions above no penalty shall be levied for the
first 3 % of deviation but in case the deviation limit exceed 3 % penalty
shall be levied at the above rates for the total deviation upto 10%.
(2). The penalties of the above rates as given in (ii) a), b) & c) shall be
charged for each deviation and for every component of the building
separately.
d) In case of increase in size of canopy in front open space from the
prescribed limits of byelaws, the same shall be charged at the rate of
Rs. 20/- per sq.m.
(2) water storage tank over open urinal with walls upto 1.70m in meter.-
----No penalty if sanctioned . If not sanctioned Rs. 50 /- each.
k) Partitions walls provided without sanction at any floor if the same are
not infringing upon the provisions of any other bye -laws ---- Rs. 15
per sq.m. of the surface area of the wall i.e (length x height)
No building permit is necessary for repair. No notice and building permit is necessary
for the following alterations, which do not otherwise violate any provisions regarding
general building requirements, structural stability and fire safety requirement, of the
Bye-laws.
a) Plastering and patch repairs
b) Re-roofing or renewal of roof including roof of intermediate floor at the
same height.
c) Flooring and re-flooring
d) Opening and closing windows, ventilators and doors not opening
towards other's property.
e) Replacing fallen bricks, stones, pillars, beams etc.
f) Construction or re-construction of sunshade, not more than 75 cm in
width within ones own land and not overhanging over a public street.
g) Construction or re-construction of parapet exceeding 1 m and not more
than 1.5m in height and also Construction or re-construction of boundary
walls as permissible under these bye laws
h) Reconstruction of portions of building damaged by storm, rains, fire,
earthquake, or any other natural calamity to the same extent and
specification as existing prior to damage, provided the use conforms to
provisions of Master Plan.
i) White-washing, Painting etc. including erection of false ceiling in any
floor at the permissible clear height provided the false ceiling in no way
can be put to use as a loft /mezzanine etc.
j) Erection or re-erections of internal partitions provided the same are
within the purview of bye-laws.
Sanction Building Plan, Completion Certificate etc. are very important documents and
are required by public for permanent use. Sometimes public misplaces these documents.
Municipal Corporation of Delhi extends facility of issuing attested copies of these
documents as per procedure given below: -
The actual owner of the property who desires to obtain a certified copy of any document
can submit an application on plain paper affixed with 40 Paise (non-judicial) court
stamp in the office, where the original documents are kept in record. The record of
building files is normally kept in the office from where the plans were sanctioned.
Attested copies will be issued at the following rate: -
(1) For ordinary copies of Building Plan for which tracing has to be prepared:
(i) Rs.200/- per sq. ft (1st copy).
(ii) Rs. 100/- per sq. ft for subsequent copies.
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(2) Where the person /applicant/ owner of the property presents an exact copy of
the Building Plan or document of the Municipal Corporation of Delhi:
(i) Rs. 80/- per plan / document ( 1st copy )
(ii) Rs. 50/- per plan for subsequent copy
In addition to above 75 Paisa Court fee stamp is to be affixed on all the desired
documents.
12. MISCELLANEOUS
No person shall be entertained other than the owner and duly appointed Architect /
Engineer / Supervisor or an authorized person having authority letter in writing
from the owner. So, the owners / applicants are advised to refrain from deputing
unauthorized person to unnecessarily remain on visiting the office which serves
little constructive purpose.
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APPENDIXE
&
ANNEXURE
19
Appendix –A
(Bye-Law No. 6.1) Form: 1
To
The Commissioner,
Municipal Corporation of Delhi,
Delhi
Sir,
I hereby give notice that I intend to erect/re-erect/ demolish or make alteration in the
building number ___________or to ______________________ on / in Plot
No________________ Block No _____________________ House No
________________________ situated at ___________ __________________
Scheme _________________________ and in accordance with the Building
Bye-law of Delhi, Bye-Law No._______________ _________________________
and I forward herewith, the following plans and specification duly signed by me
and _____________(name in block letters), the licenced
Architect/Engineer/Supervisor/Group-Licence No.______________who have
prepared the plans, designs etc. and who will supervise its erection and a copy of
other statements/ document (as applicable):
1. Site plan
2. Building Plan
3. Service Plan
4. General Specifications (in attached form)
5. Ownership Title
6. Attested copy of receipt of payment of application form
7. Other document, as required
Dated: __________________
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Appendix -A
FORM : II
(Bye Law No. 6.2.6)
(a) The purpose (Residence, Office, Godown, Restaurant, Hotel, Dharamshala, School,
Hostel Cinema, Shop, Factory, Stable) for which it is intended to be used -----------
---------------------------------.
APPENDIX B
(Bye-law No. 6.2.7)
FOR SUPERVISION - I
To
The Commissioner
Municipal Corporation of Delhi
Delhi
Sir,
I hereby certify that erection/ re-erection demolition or material alteration in/of Building No.
___________________ on /in ____________ Plot No.________________ in Block No.
_____________________ situated at ____________________________________
scheme_____________ __________________ shall be carried out under my supervision
and I certify that all the materials (Type & Grade) and the workmanship of the work shall
be generally in accordance with general specification submitted along with; and that the
work shall be carried out in accordance with the sanctioned plans.
Dated: ________________________
22
Appendix –'B'
(Bye-law No. 6.2.8)
Form for Supervision -II
To
The Commissioner
Municipal Corporation of Delhi
Delhi
Sir,
I hereby certify that the drainage/sanitary and water supply works shall be executed
by me or under my strict supervision for the work of erection/ re-erection/ demolition or
material alteration of the proposal for which building permit application in respect of
Building No. _________________on /in ____________ Plot No. ______________ in
Block No. _____________________ situated in the _______________________________
scheme_______________ and I certify that all the materials and workmanship of the work
shall be in accordance with the standard laid down by I.S.I. and the provisions of building
bye-laws, and the work shall be carried out in accordance with the sanctioned plans.
Dated: __________________
23
Appendix –'B'
(Bye-law No. 7.2.1)
FORM - III
To
The Commissioner
Municipal Corporation of Delhi
Delhi
Sir,
I hereby certify that the erection/ re-erection/ demolition or material alteration on /in
Plot No ______________________ in Block No. _____________________ situated at
____________________ scheme, will be commenced on_______________ as per your
permission vide office communication No. ________________________ dated
_____________ under the supervision of ____________________ licensed Architect
/Engineer/ Supervisor/Group, licence No. _________________ and in accordance with the
sanctioned plans.
Signature of owner
Name of owner
(In block letters) ______________________
Dated: ________________________
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Appendix –'B-1'
(Bye-law No. 7.2.2)
To
The Commissioner
Municipal Corporation of Delhi
Delhi
Sir,
Yours faithfully,
Signature of licensed
Architect/Engineer/Supervisor
Name
(In block letters) ___________________
Address __________________________
__________________________________
Dated: ____________
25
Appendix B-2
(Bye-Law No. 7.2.2)
INSPECTION REPORT
You may not proceed with further work till such time the deviations made are
rectified and construction brought in conformity to sanction plans.
Yours faithfully,
For --------------
-------------------
Commissioner
Office No -------------------
Office Stamp --------------
Date ------------------------
26
Appendix - 'E'
Form I
(Bye Law No. 6.7.1)
To,
--------------------------------------
--------------------------------------
---------------------------------------
Dear Sir/Madam,
With reference to your application dated ______________ for the grant of sanction to
erect/re-erect/ add to /alteration in the building to carry out the development specified in the
said application relating to plot No____________________ Block No_____________
Situated in/ at __________________________. I have to state that the same has been
sanctioned on ----------------- by MCD subject to the following conditions and corrections
made on the plans:
2. The construction will be undertaken as per sanctioned plan only and no deviation from
the bye-laws will be permitted without prior sanction. Any deviation done against the
bye-laws is liable to be demolished and the supervising architect engaged on the job will
run the risk of having licenced cancelled.
4. It will be the duty of the owner of the plot and the architect preparing the plans to ensure
that the sanctioned plans are as per prevalent Building Bye-laws. If any infringement of
bye-laws remain unnoticed, the M.C.D. reserves the right to amend the plans as and
when infringement come to the notice and M.C.D. will stand indemnified against any
claim on this account.
5. A notice in writing shall be sent to M.C.D. before commencement of the erection of the
building as per bye-laws. Similar notice will be sent to M.C.D. when the building has
reached up to plinth level.
6. The party shall not occupy or permit to occupy the building or use or permit to use the
building or any part thereof affected by any such work until occupancy certificate is
issued by the Authority.
7. M.C.D. will stand indemnified and kept harmless from all proceedings in court and
before other authorities of all expenses/losses/claims which the M.C.D. may incur or
27
8. The door and window leaves shall be fixed in such a way that they shall not, when open,
project on any street.
9. The party will not construct and use building in contravention of plans sanctioned by
MCD.
10. The building shall not be constructed within minimum distance as specified in Indian
Electricity rules from voltage lines running on side of the site.
11. The land left open on consequences of enforcement of the set back rule shall form part
of the public street.
12. The sanction will be void-abinitio if auxiliary conditions mentioned above are not
complied.
Yours faithfully,
For Commissioner,
Municipal Corporation of Delhi
Encl: Set of sanction plan
28
Appendix 'E'
(Bye-laws No. 6.7)
Form No. II
To
---------------------------------------
----------------------------------------
-----------------------------------------
Sir,
With reference to your application No _______________ dated ______________ for
the grant of sanction for the erection of building/execution of work in House
No.___________ Plot No______________ Block No____________________
Scheme_________________ Situated at ____________________
I have to inform you that the sanction has been refused on ------------ on the following
grounds.
1
2
3
4
5
Yours Faithfully
For Commissioner
Municipal Corporation of Delhi
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Appendix 'E'
FORM -III
(Bye-law No. 6.8)
MUNICIPAL CORPORATION OF DELHI
FORM OF REVALIDATION
To
1 With reference to your application dated __________ on the subject cited above, I
am directed to inform you that your building plan which had been sanctioned on
__________________ vide file No __________________ have been revalidated up
to ________________________________
Yours Faithfully,
For COMMISSIONER
MUNICIPAL CORPORATION OF DELHI
Encl : As above.
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APPENDIX –'F'
(Bye-law No. 7.5.2)
(To be submitted along with fee of Rs. 20/- for notice of completion and other relevant
documents).
To
The Commissioner
Municipal Corporation of Delhi,
Delhi.
Dear Sir,
Yours Faithfully,
Signature of owner_________________
Name of owner____________________
(In Block letters)
Encl : As above
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APPENDIX G
(Bye-Laws 7.5.2)
Form for certificate of Licenced Architect/Engineer/Supervisor/Group
(To be submitted along with the notice of completion)
The Commissioner
Municipal Corporation of Delhi
Delhi.
Sir,
We hereby certify that the erection/re-erection or material alteration in/at
building No. ----------- on/in Plot -----------Block No ----------------------- situated at -----------
Scheme has been supervised by us and has been completed on -----------------------------------
According to the plans sanctioned, vide office communication No -----------------------------
Dated -------------------The work has been completed to our satisfaction, the workmanship
and all the materials (type and grade)) have been used strictly in accordance with general
and detailed specifications. All the drainage/sanitary/water supply work has been executed
under) our supervision and as per building bye-laws/ sanctioned plan, No provision of the
Building Bye-laws and conditions prescribed or orders issued there under have been
transgressed in the course of the work. The building is fit for use for which it has been
erected/re-elected or altered/constructed and enlarged.
2. Certificates:
(i) Certified that the buildings (s) has been constructed according to the
Sanctioned Plan and structural design (one set of structural drawings as
executed is enclosed) which incorporate the provisions of structural safety as
specified in relevant prevailing IS Codes l Standards/Guidelines,
(ii) Further certified that water harvesting as well as waste water re-cycling systems
have been provided as per the sanctioned building plan. !;
(iii) It is also certified that construction has been one under our supervision and :'
guidance and adheres to the drawings submitted and the records of supervision
have been maintained by us.
4. Any subsequent change from completion drawings will be the responsibility of the
owner(s).
Appendix - H
FORM -I
(Bye-law No. 7.6)
Plan No.________________________
Shri/ Miss/Smt.___________________
________________________________
1. Block/Building No.
For
Commissioner
Municipal Corporation of Delhi.
33
Appendix – H
FORM -II
(Bye-law No. 7.6)
Sh./Smt.____________________________
_____________________________
(1)
(2)
(3)
(4)
(5)
(1)
(2)
(3)
(4)
(5)
(6)
(c) The following item can be regularized on payment of compounding fee
noted against each
4.
5.
6.
7.
8.
9.
2. Cheques will not be accepted and the cash payment will be accepted between 10A.M.
and 2 P.M. on all working days.
3. You are, therefore requested to do the needful by ---------------------- failing which your
request for the issue of Occupancy Certificate will be rejected without any further
reference to you and necessary action under the law will be initiated.
4. Please quote your file number while sending the reply of the letters
Yours Faithfully
For Commissioner
Municipal Corporation of Delhi
35
APPENDIX - 'M'
(To be submitted on Non-Judicial Stamp Paper Rs. 10/- duly attested by Oath
Commissioner)
AFFIDAVIT/ UNDERTAKING
That I /We have submitted building plans for construction of building on Plot No
_________________ Block No _________________ located at
_____________________________ to the M.C.D. under Section333 & 334 of the
D.M.C. Act 1957, for favour of sanction.
That I /We hereby give an undertaking that during the course of construction of my/our
building as per sanction given by the M.C.D. I/ We shall not stack building
material/Mulba on the MCD land/road
That in case I /We are found stacking the building material, Mulba on MCD land/road
then the Authority shall be at a liberty to charge the stacking charges @ Rs. 2/- per sqm.
besides any other action which the MCD might like to take as per the rules including
payment of the penalty of Rs. 500/-
DEPONENT
Verification
I /we the above named deponent do hereby affirm and verify that I/We have
voluntarily made the above affidavit and its contents are true to best of my knowledge.
Verified at Delhi on this day ------------------ of -------------------
DEPONENT
36
APPENDIX -'N'
(For Basement)
INDEMINITY BOND
Whereas the executant has submitted to the Corporation plans for sanction of basement
over plot No __________________ under the provisions of the M.C.D. Act and the bye-
laws made thereunder: -
And whereas the Corporation authority has agreed to sanction the aforesaid construction
subject to the conditions that the owner shall indemnify the Corporation in the event of
any loss or damage being cause to the adjoining building on account of the construction
of the said basement either at the time of digging of its foundations or in the course of its
construction or even thereafter and also against any claim of any concern thereto.
And whereas the executant has agreed to execute an indemnity bond to the above affect
and also to abide by the terms imposed by the concerned authority to the grant of
sanction for construction of the basement.
1. That in consideration of the sanction of the plans of the owner for construction of the
basement the executant undertakes that he/ she shall at all times keep Corporation
harmless and free from any liability, loss or damages / flowing from any injury or
damage caused to the adjoining built-up properties or to any person as a consequence of
the construction of at the time of digging of its foundations or during the course of its
construction or at any time thereafter.
2. The owner agreed and undertakes that in the event of any claim being made
by any person or persons against the Corporation either in respect of the sanction granted
by the Corporation to the owner for the construction of basement or in respect of the
construction or manner of construction of the basement by the owner or the consequences
flowing from the said sanction the executant shall be responsible and liable and not the
Corporation.
3. The executant agrees and undertake to indemnify the concerned authority fully in
respect of any amount which the Corporation may be required to pay to any person either
by way of compensation or damages or on any other account as a result of any claim or
suit or any other proceedings concerning the sanctioning of the construction of the
basement of the making thereof and also in respect of the costs and expenses which the
Corporation may incur on defending any action.
4. Without prejudice to the above undertaking the executant hereby binds itself to pay
to the Corporation to the full extent any amount which the concerned authority may be
37
5. The owner further agrees and undertakes that this bond shall remain in full
force and effect till the executant faithfully observes / performs the undertaking herein
before contained.
In witness whereof the executant above named has signed this bond on this
_________________ day of ______________ at _________________
Indemnifire
Witness :
(Signatures)_______________________
1 Name ________________________________________________
Full Address___________________________________________
(Signatures)_________________________________
2 Name ____________________________________________________
Full Address_________________________________________
38
ANNEXURE ‘A’
1. Certified that the building plans submitted for approval satisfy the safety requirements
as stipulated under clause 18 of Building Bye-laws, 1983 and the information given
therein is factually correct to the best of our knowledge and understanding.
2. It is also certified that the structural design including safety from natural hazards based
on soil conditions has been duly incorporated in the design of the building and these
provisions shall be adhere to during construction.
ANNEXURE ‘B’
Certified that the building plans submitted for approval satisfy the water harvesting
requirements as well as minimum anticipated discharge of waste water as stipulated under
clause 22.4.1, 22.4.2 and the information given therein is factually correct to the best of our
knowledge and understanding.
ANNEXURE ‘C’
1. Certified that the mulba during the construction will be removed on weekly basis. If
the same is not done, in that case local body shall remove the mulba and the cost
shall be born by me/us.
2. Certified that during construction I/we shall properly screen the construction site off
the main road by means of erecting a screen wall not less than 8 ft, in height from
the ground level which shall be painted to avoid unpleasant look from the road side.
In addition to this, a net or some other protective material shall be hoisted at the
façade of the building to ensure that any falling material remains within the
protected area.
3. Certified that noise related activities would not be taken up for construction at night
after 10 p.m.
ANNEXURE ‘D’
Schedule -II Original/Duplicate/Triplicate
GOVERNMENT OF INDIA
MINISTRY OF URBAN DEVELOPMENT
NATIONAL BUILDING ORGANISATION
**Code
** (a) (I) Dwelling (I) Other residential places (2) (b) Industrial
(3) (c) Commercial (4) (d) Institutional (5) (b) Others
42
ANNEXURE ‘E’
AFFIDAVIT/ UNDERTAKING
(To be submitted on Non-Judicial Stamp Paper Rs. 10/- duly attested by Oath
Commissioner)
AFFIDAVIT/ UNDERTAKING
Affidavit of Sh. ________ S/o Sh. _____________ aged ________ R/o House on Plot No.
________ Block No _________________ situated at ______________ do hereby solemnly
affirm and declare as under:
That I /We have submitted building plans for construction of building on Plot No
_________________ Block No _________________ located at _____________________
to the M.C.D. under Section333 & 334 of the D.M.C. Act 1957, for favour of sanction.
That I /We hereby have not entered into a collaboration agreement with any one for
construction of the aforementioned building.
DEPONENT
Verification
I /we the above named deponent do hereby affirm and verify that I/We have
voluntarily made the above affidavit and its contents are true to best of my knowledge.
Verified at Delhi on this day ------------------ of -------------------
DEPONENT
43
ANNEXURE ‘E-I’
AFFIDAVIT/ UNDERTAKING
(To be submitted on Non-Judicial Stamp Paper Rs. 10/- duly attested by Oath
Commissioner)
AFFIDAVIT/ UNDERTAKING
Affidavit of Sh. ________ S/o Sh. _____________ aged ________ R/o House on Plot No.
________ Block No _________________ situated at ______________ do hereby solemnly
affirm and declare as under:
That I /We have submitted building plans for construction of building on Plot No
_________________ Block No _________________ located at _____________________
to the M.C.D. under Section333 & 334 of the D.M.C. Act 1957, for favour of sanction.
That I /We hereby have entered into a collaboration agreement with Sh. _____________ R/o
____________________ for construction of the aforementioned building.
That I/We and Sh. _______________ collaborator jointly hereby give an undertaking that
no deviations in contravention of the sanctioned plan and the stipulated conditions
shall be carried out by us during construction and in case of any contravention both
can be held equally responsible.
DEPONENT
Verification
I /we the above named deponent do hereby affirm and verify that I/We have
voluntarily made the above affidavit and its contents are true to best of my knowledge.
Verified at Delhi on this day ------------------ of -------------------
DEPONENT
44
ANNEXURE ‘F’
(To be submitted on Non-Judicial Stamp Paper Rs. 10/- duly attested by Oath
Commissioner)
AFFIDAVIT/ UNDERTAKING
Affidavit of Sh. ________ S/o Sh. _____________ aged ________ R/o House on Plot No.
________ Block No _________________ situated at ______________ do hereby solemnly
affirm and declare as under:
That I /We have submitted building plans for construction of building on Plot No
_________________ Block No _________________ located at _____________________
to the M.C.D. under Section333 & 334 of the D.M.C. Act 1957, for favour of sanction.
That I/We hereby give an undertaking that no extra dwelling unit shall be created by me/us
in contravention of the sanctioned plan and the stipulated conditions.
That I/We hereby give an undertaking that no extra dwelling unit shall be created by me/us
in contravention of the sanctioned plan and the stipulated conditions. Whenever
services of the area, where building is located are upgraded to the satisfaction of the
authorities, I/we shall seek approval of the authority for creating the extra dwelling unit as
permitted under the Building Bye-laws /MPD-2001.
DEPONENT
Verification
I /we the above named deponent do hereby affirm and verify that I/We have
voluntarily made the above affidavit and its contents are true to best of my knowledge.
Verified at Delhi on this day ------------------ of -------------------
DEPONENT
45
ANNEXURE ‘G’
Affidavit/undertaking of Architect Engineer/Supervisor/Group (as the case may be)
on Rs.10/- Non-judicial Stamp paper to be Attested by Notary Public/Metropolitan
Magistrate
AFFIDAVIT-CUM-UNDERTAKING
3. That I have been engaged as an ------------------ for preparing the building plans and
to supervise construction till its completion in respect of Plot No._________Block
No.___________situated at_______________.
4. That I have prepared the building plans in respect of the aforesaid plot and
supervised the construction of building on the said plot.
5. That the completion plans have been prepared after my personal inspection of the
building and the plans are in conformity of the construction raised on the said plot.
6. That certain compounding deviations have been made in the building during
construction for which I have calculated the compounding fee according to Building
Bye-laws and policies of the Corporation as applicable on date and a statement
showing detailed calculation for working out the compounding fee is enclosed
herewith as part of this affidavit.
10. That the building/portion of the building for which completion certificate is being
sought has not been occupied and put to use.
11. That nothing has been concealed and no mis-representation has been made while
submitting the application for a completion certificate.
12. That in case anything contrary to the above is found or established at any stage, the
MCD shall be at liberty to take any action as it may deem fit including cancellation
of completion certificate so granted and debarring me for practicing in MCD, lodge
a complaint under I.P.C for adopting fraudulent means to obtain a completion
certificate under the Tatkal Scheme.
Deponent
Verification:
I, the above named deponent, do herby verify at Delhi/New Delhi on this_________day
of__________, 200_______that contents of the above affidavit are true and correct to my
knowledge and belief and nothing is false therein or has been concealed there from.
Deponent
47
ANNEXURE-‘H’
Affidavit of Applicant/Owner on Rs.10/- Non-Judicial Stamp Paper to be attested by Notary
Public/Metropolitan Magistrate.
AFFIDAVIT-CUM-UNDERTAKING
4. That I/We never dispensed with the services of the Architect / Engineer /
Supervisor / Group (as the case may be) above named at any stage till actual
completion of the construction/ I/We dispensed with the services of the
Architect / Engineer / Supervisor / Group (as the case may be) and informed the
Municipal Corporation of Delhi within 48 hours the new name and address of
the professional (Strike out which is not applicable).
6. That the building constructed has not been occupied or put to any use.
8. That the construction raised is in conformity with the terms and conditions of
lease-deed, which is still valid, and period of construction as per lease deed and
the extension granted by the lessor is valid upto ______________.
9. That the construction raised has been in conformity with the building plans
sanctioned vide file No. ________________ dated ________ and in accordance
with the building bye-laws, 1983.
10. That nothing has been concealed and no mis-representation has been made
while submitting the application for completion certificate.
11. That in case anything contrary to the above is found or established at any stage,
the MCD shall be at liberty to take any action as it may deem fit including
cancellation of completion certificate so granted including demolition/sealing of
the premises.
48
13. That I/we give solemn undertaking that I/we have raised the construction
exactly in accordance with the sanctioned building plans and the Building Bye-
laws, 1983. In case any deviation is found other than compoundable deviations
for which necessary compounding fee has been deposited by me/us, apart from
any other action, the total construction shall be deemed to be unauthorized and
the MCD would be at liberty to demolish/seal the whole or any portion of the
construction and I/we shall not claim any compensation, damage or loss on
account thereof from the MCD or from any of its officer(s). This is in addition
to any other action which may be taken by the MCD under the provisions of the
DMC Act, 1957 (as amended till date) and the Building Bye-laws, 1983.
Deponent
Verification
Deponent
49
CHAPTER – II
GENERAL BUILDING NORMS:
1.0 FOR RESIDENTIAL PLOT - Plotted Housing & Group housing
As a result of Supreme Court Orders dated 12.12.2003, the stay granted on the
implementation of the relaxed building norms dated 23rd July 1998 in the matter of
News Items in the Hindustan Times AQFM Yamuna V/s Central Pollution Control
Board and Anr. stands vacated so as to enable the authorities to sanction plans in the
manner indicated in the letter dated 27th November 2001 of the Ministry of Urban
Development & Poverty Alleviation. The building plans now shall be sanctioned as per
the norms given below.
Norms Applicable
N.B:- The building plans shall be sanctioned as per above norms subject to furnishing of
an undertaking by the applicant/owner that no extra dwelling unit shall be created.
2. Levy on the additional FAR to be allowed vide table above over the FAR allowed
vide notification dated 15.5.95, excluding the basement and / or development
charges shall be charged at the rate of Rs. 450 per sqm. or revised from time to time
through Government orders.
Other Controls
i) In case of residential plot above 250 sq. meter facing 24 m and above road, and
where already 3 storeys and a barsati was permitted (as per density
calculated in the sanctioned layout) (a) the FAR shall be increased by the
50
maximum ground floor coverage (b) maximum height shall be less than 15 m
and (c) the number of dwelling shall be as given in the brackets .
ii) In case of other residential plots above 250 sq. meters facing 24 mtrs and above
road (a) the FAR shall be increased by the maximum ground floor coverage, (b)
maximum height shall be 15 mtrs, and (c) no additional units as given in the
bracket, will be permitted.
(iv) Basement:
(b) Basement area shall not exceed the ground floor coverage and shall be
below the ground floor. Basement area may, however, be extended below
the internal courtyard and shaft.
(v) Number of servant quarters shall be provided as per approved layout plan and
construction to be done within the stipulated height. However, if the garage
block space is merged with the main building, no separate servant quarter block
or servant quarters, as part of main building shall be allowed. However,
provision for a servant's room as part of the dwelling unit within the permissible
coverage / FAR shall be allowed.
(vi) Each servant quarter shall comprise of one habitable room of area not less than
11 sqm. Floor area, exclusive of cooking verandah, bathroom and lavatory. The
maximum size of servant quarter shall be 20 sqm.
(vii) Parking:
(a) In respect of individual plot, the calculation for parking space shall be
based on the total permissible FAR of plot size above 200 sqm. After giving
allowance of the parking space requirements for permissible FAR of a plot
of 150 sqm, in size as per norms given in the table for parking space.
(viii) Density:
For the purpose of density calculations the dwelling unit shall be considered
to accommodate 4.8 persons and the servant quarter to accommodate 2.4
person.
(ix) In such areas, which prior to the establishment of MCD, were included within
the jurisdiction of Delhi Municipal Committee, permissible plot coverage for
plots not exceeding 167.2 sqm. (200 sq. yds.) Shall be as under:
51
(a) Not exceeding 83.6 sqm. (100 sq. yds.) --- Maximum coverage 75 %
(b) Above 83.6 sqm.(100 sq. yds.) and Maximum coverage 66.66 %.
not exceeding 167.2 sqm. (200 sq.yds.)
However, in both cases it is subject to the condition that FAR and height as
prescribed in MPD- 2001 is not violated.
(x) (a) Standard Plans : There are number of standard building plans designed
and approved by the Authority. Such plans shall continue to operate
wherever applicable.
(xi) Stilts:
If a building on a residential plot is constructed on stilts, the same shall be
counted in the permissible FAR, irrespective or whether it is used for
parking, landscaping or as play area etc.
Norms applicable
Minimum size of plot 4000 sqm
Maximum ground coverage 33.33%
Maximum floor area ratio 167
Maximum height 33 m
Note:
The levy on additional FAR and/or development charges shall be charged over @ Rs.
450/- per sqm and shall be deposited in a separate escrow account and will be utilized
exclusively for augmentation of infrastructure.
Other controls:
(i) The net housing density permissible shall be 140 Dus per ha with 15 per cent
variation on either side. This should be indicated in the zonal plan/ layout plan
taking into consideration the gross residential density prescribed for the area.
At the permissible level, the maximum variation of net density shall be 5 per
cent.
In case of Bungalow area (Part Division D) and Civil Lines area (Part Division
C), any residential density in group housing pockets shall be prescribed on the
basis of detailed scheme.
52
(iii) Basement :
(b) That the basement area outside the ground coverage and below the stilts is
to be flushed with the ground and is to be ventilated with mechanical means
of ventilation.
(c) The basement area to be used for parking and for services such as location
of electric sub-station with specifications and approval of D.V.B.
installation of electrification for fire fighting with the approval of Delhi Fire
Services and any other services required for the building with appropriate
approval, shall not be counted in FAR calculations. However, if used for
any other purpose including storage, the same shall be counted in FAR
calculations.
(d) If a building is constructed with stilt area of non habitable height and is
proposed to be used for parking, landscaping, etc. the stilt floor need not to
be counted in FAR.
(e) In case a basement is provided below the stilt floor for purposes of parking,
servicing etc. the same shall be flushed with ground level and provided with
a mechanical means of ventilators and shall not be included in FAR.
(f) The basement projecting outside the building shall be flushed with the
ground and the slab is to be designed to take the load of fire tender, etc.
(iv) Additional FAR upto a maximum of 400 sq. mts. shall be allowed to cater to
community needs such as community / recreational hall, crèche, library, reading
room and society office.
Norms Applicable
Sr. Area of the Plot Max. Ground FAR No. of Max. height
No. (in sq.m.) Coverage (%) dwelling (in Meter)
units
(1) (2) (3) (4) (6)
(5)
1. Below 32 75 225 1 12.5
2. Above 32 to 50 75 225 2 12.5
3. Above 50 to 100 75 225 3 12.5
4. Above 100 to 250 66.66 200 3 12.5
5. Above 250 to 500 50 150 3(4) 12.5
6. Above 500 to 1000 40 120 6(8) 12.5
7. Above1000 to 1500 33.33 100 6(8) 12.5
8. Above1500 to 2250 33.33 100 9(12) 12.5
9. Above2250 to 3000 33.33 100 12(16) 12.5
10. Above3000 to 3750 33.33 100 15(20) 12.5
11. Above 3750 33.33 100 18(24) 12.5
N.B: The building plans shall be sanctioned subject to certification by the Chief
Town Planner, MCD that upgradation of infrastructure and services has been
done or are inexistence and layout/services plans revised in consonance with
July 23,1998 Notification.
2. The levy on additional FAR to be allowed vide table above over the FAR allowed
Vide notification dated 15.05.95, excluding the basement and / or development
charges shall be charged at the rate of Rs. 450 per sqm. or as revised from time to
time through Government orders
Other Controls :
i) The table gives maximum number of dwelling units, subject to the provisions of
layout plan.
The permissible maximum covered area on ground floor and FAR shall in no
case be less than the permissible covered area and FAR for the largest size plot
in the lower category.
ii) In case of residential plots above 250 sq. meter facing 24 m and above road (a)
the FAR shall be increased by the maximum ground floor coverage (b)
maximum height shall be 15 mtrs. and (c) the number of dwelling shall be as
given in the brackets .
54
Other controls shall be same as given from (iii) to (xi) under clause 1.1.
Norms applicable
Minimum size of plot 4000 sqm
Maximum ground coverage 33.33%
Maximum floor area ratio 167
Maximum height 33 m
Note:
The levy on additional FAR and/or development charges shall be charged over @ Rs.
450/- per sqm and shall be deposited in a separate escrow account and will be utilized
exclusively for augmentation of infrastructure
Other controls:
(i) The net housing density permissible shall be 175 Dus per ha with 15 per cent
variation on either side. This should be indicated in the zonal plan/ layout plan
taking into consideration the gross residential density prescribed for the area.
At the permissible level, the maximum variation of net density shall be 5 per
cent.
In case of Bungalow area (Part Division D) and Civil Lines area (Part Division
C), any residential density in group housing pockets shall be prescribed on the
basis of detailed scheme.
Other controls shall be same as given from (ii) to (v) under clause 1.1.
Norms applicable
Minimum size of plot 3000 (sqm.)
Maximum ground coverage 33.33%
Maximum floor area ratio 167
Maximum height 33 m
GUIDELINES
i) The minimum size of a plot for group housing is reduced to 3000 sqm. with
FAR of 167, height 33 m and ground coverage 33.33% with density of 35 DUs
(minimum) and 45 DUs (maximum) per 3000 sqm depending on the discretion
of the builder. In addition, proportionate rise in number of DUs will be
permitted allowing 1 additional DU for every additional 100 sqm. up to 4000
sqm after which the existing norms will apply. In addition to cooperative
societies, private developers will be encouraged to take up group housing. The
minimum plot size for plots being allotted to cooperative societies of DDA
would also be lowered to 3000 sqm. as in the case of private developers.
ii) Basement /basements up to the set back lines will have to be constructed, which
55
will be free from FAR and shall be used for parking and services as per MPD
norms. Basement parking will be mandatory. Total required parking will be
provided in basement and in other floors/open space within the plot.
iii) The parking area is to be calculated @ 1.80 ECS per 100 sqm. of floor area
upto 165 sqm, and 1.33 ECS per 100 sqm. for area beyond 165 sqm. of the
total permissible FAR in the scheme.
iv) Plots for group housing should be located on roads facing a minimum width of
60' (18 mts.) for existing colonies within MPD 1962 urban limits and 20 mtrs in
other areas.
v) Levy on additional FAR i.e. the difference between FAR of 167 and FAR
earlier provided vide MPD-2001 will be collected @ Rs. 450/- per sq. m or as
revised from time to time, at the time of sanction of building plans.
vi) All Group Housing while applying for sanction of plan will henceforth make
contribution to Housing for EWS Fund. The contribution will be @ Rs. 25,000
per dwelling unit of size 1000 sq. ft. (92.90 sqm) or more plinth area. The
amount will be paid to the DDA. A separate escrow account for this purpose
will be opened by the DDA. Funds available in the account will be utilised for
construction of houses for the EWS. The Fund will be operated by DDA under
specific direction of this Ministry.
vii) The private builders will ensure that minimum of 20% of the DU's constructed
are for LIG category. Such flats should have a carpet area between 250 sq. ft.
(23.22 sqm.) minimum and 500 sq.ft. (46.44sqm) maximum.
viii) The developer shall make the prescribed contribution towards licence fee,
Scrutiny fee, Conversion charges, external development charges, etc. wherever
applicable.
ix) All other Master Plan norms will be adhered to. The above guidelines will not
apply to cooperative group housing societies where constructions stand
completed. The guidelines will also not apply to such cooperative group
housing societies building plans stand approved. In all other cases, the above
guidelines will be applicable. For group housing taken up by private builders,
all applications will be covered under the above norms including those, which
are under process, by the local bodies. In all such cases, the applicant shall
apply afresh after fulfilling the above norms.
Specific provision for mixed use have been given for Walled City, Karol Bagh and
other parts of the Special Area in the relevant sections in the Master Plan after
making payment of conversion and parking fee @ Rs. 5500/- per sqm. of the
permissible covered area at G. Floor as per Office order No. 5/EE (B)/HQ/92 dated
18.8.1992.
In case it is found feasible to permit mixed use in a street / area the same would be
56
i) The commercial activity allowed shall be only on the Ground Floor to the
extent of 25 % or 50 sq.m. whichever is less.
ii) The establishment shall be run only by the resident of the dwelling unit
a) Retail Shops
Building materials (timber, timber products, marble, iron and steel and
sand. )
Firewood, Coal.
b) Repair Shops
Automobiles repairs and workshops
Cycle rickshaw repairs
Tyre resorting and retreading
Battery Charging
c) Service Shops
Flour mills (more than 3 kw. Power load)
Fabrication and welding
f) Junk Shops
The front setbacks for these plots shall be surrendered without compensation
unconditional to local body for use as part of the right of way for parking etc.
Because of conversion of use activity the conversion fee shall be charged from the
beneficiary as decided by the Authority.
(i) Minimum road frontage as mentioned above will be necessary for allowing above
mentioned activities. For Guest Houses, Banks and Nursing Homes, which are
already in existence this requirement may be relaxed, provided there is clearance
from fire department.
57
(ii) For Nursing Home and Banks, a maximum of 2/3rd-floor area may be allowed for
conversion for plot size upto 250 sqm. In case of larger plots, the use for the above-
mentioned purposes may be permitted subject to a ceiling of 2/3rd FAR or 600 sqm
whichever is less. In the cases of guest Houses a maximum of 3/4th-floor area may
be allowed for conversion regardless of size of plot. A maximum of 15 Guest rooms
will be permitted in guest Houses.
(iii) The maximum plot size for the above-mentioned activities will be 1000 sqm.
(iv) All parking requirements of plot size over 250 sqm is to be provided within the plot.
In case of smaller plots, land in the vicinity will be identified and common parking
areas developed.
(v) Nursing Homes, on payment of a fee, should link up their disposal of waste with
MCD/NDMC, to ensure hygienic disposal.
(vi) To avoid chances of recycling of syringes, needles, plastics, the Nursing Homes
must ensure that these are destroyed before disposal. A certificate in this regard
should be submitted to the local authorities at periodical intervals,
(vii) Only Branch offices of Banks catering to the neighborhood banking facilities will
be permitted.
(ix) A permission fee will be charged at the rate of 10% per annum of 'the difference
between the average commercial rate and average residential rate from Banks and
Nursing Homes and 2.5% from Guest Houses as approved by the Ministry with the
option to the property owners to pay use permission fee for 5 to 7 years in advance.
The fees will be based on the actual floor area utilized for such non residential
purpose. The amount collected through the levy of permission fee will be placed. in
a separate escrow account by the concerned local body (MCD) collecting it and will
be utilized for augmentation of infrastructure in and around the area.
(x) Where residential premises are already being put to such non-residential use, the
same will be regularised on their payment of permission fee vide para (ix) above
from the date from which, its functioning has been established.
(xi) Local bodies will ensure that permission fee is paid for each financial year within
six months of that financial year. In case of violation of these guidelines /default,
prompt action will. be taken to issue time-bound notice to party and in case of non-
compliance close and seal the premises and pern1ission fee with 100% misuse fee
recovered.
(xii) Whatever premises are utilized for such non-residential but permissible use it will
be ensured that no nuisance or hardship is created for the local residents.
58
Part of the premises shall be permitted to be used upto a maximum of 25% of FAR or
100 sq.mtrs. which ever is less, for non residential but non nuisance activities for
rendering service based on professional skills.
59
CHAPTER –III
GENERAL BUILDING NORMS:
1. FOR FARM HOUSE:
All applications for construction of farmhouses and poultry sheds are to be submitted to
Building Department H.Q., Room No 112, Town Hall, Delhi. The application for
construction of farmhouse / shed shall consist of following documents: -
1) Proof of ownership of land in the form of sale deed, Akash Sajara, Farad Zama
Bandi, Khasra Girdawari etc.
2) Proof of existing structures and completion certificate, if the proposal is for
addition and alteration;
3) Undertaking for non-stacking of building material, on public property / road in
the Performa as given in Appendix 'M';
4) Application on prescribed forms;
5) Certificate from supervising agencies;
6) No objection Certificate from land acquisition branch of GNCTD that the land
is not under acquisition
Other Controls:
i) Setback in dwelling house should be 15m away from any boundary line of the
property.
ii) Where the property abuts an urban road, the dwelling house building should be
setback from the centerline of that road by 60m. Where the property abuts a
village road, the building setback from the centerline of that road should be by
30m.
iii) No dwelling unit should be built within 400m of the right of way of any
National Highway.
2. Motels are required for long distance travelers and setting up of these motels in - - -- -
National Capital Territory of Delhi need to be viewed in the context of necessary of
maintaining a green buffer zone around Delhi as well as essential services in these
areas. The matter has been further examined and the setting up motels in the NCT of
Delhi shall be in accordance with the following guidelines. Henceforth, Motels can
ii
be permitted in rural zone/green belt as well as commercial areas along National
Highways and Inter-State roads (defined to mean a expressway/highway which
directly connects the National Capital Territory of Delhi with a neighbouring State).
3. Motel located in commercial zones will be subject to the norms and building
standards applicable to hotels.
4. A motel located in the Rural Zone/Green belt will fall in the permissible use
“recreation and leisure and shall be subject to the following norms and building
standards
ii) The minimum width of the driveway used for entry into, and exit from
a plot shall be 9 mtr.
iii) The minimum setback shall be 15 mtr. in the front and 9 mtrs. from the
sides and the rear. This shall be in addition to a green buffer from the road
width if and as specified by law.
iv) The FAR shall be 15 for the first two hectares and 5 for the remaining land
comprised in the site, subject to an overall maximum floor space of 4500
sq.mtr.
vi) The built-tip structure shall not exceed the height of 9 mtr.
vii) Basement equivalent to the ground coverage shall be allowed free from
FAR to the extent necessary for air-conditioning plant, filtration plant,
electric sub-station, parking and other essential services.
viii) Parking space shall be provided on a minimum scale of 1.67 ECS per
100 sqm. of floor area, including the provision made in this regard in
the basement.
ix) Retail and service shops shall be limited to a maximum of 5 % of the
floor area. .
x) Water and electric supply, sewerage, drainage and other such infrastructure
shall be provided on a scale and according to standards satisfactory to the
building regulatory authority with specific provision for septic tanks/soak
pit.
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xi) All motels should follow rainwater harvesting and energy conservation
provision laid down under Notification and building bye-laws issued by the
Ministry of Urban Development.
xiv) All permission and clearance for use of a land which are usually
required in connection with the approval of, or sanction for
development shall be obtained from the prescribed authorities.
5. To permit the owner to utilize the land for a higher value use, a “Use Permission
charge shall be levied at the following rates:
(i) For the first two hectare Rs. 30 lakhs per hectare
Note: The charge/fees indicated above are on the basis of per hectare rates and
actual levy would be in that proportion as the per hectare rates vis-à-vis size of the
land. This would be applicable foe second hectare onwards.
Lal Dora is basically the abadi, the residential area, where the landowners of
agricultural land around, dwell. The extension of the Lal Dora is also meant for meeting
the residential needs of the landowners. Any activity contrary to above, cannot be
regarded as permissible activity in the Lal Dora.
It has been observed that the zonal offices of MCD and the staff responsible for
controlling the building activities have been mis-interpreting the above notification,
thereby permitting all sorts of illegal and unauthorised construction within Lal Dora. It
is further clarified that only a building, residential in character, and not going beyond
2-1/2 storeys and owned by the original resident/his descendant is to be permitted. Any
other building in Lal Dora/extended Lal Dora requires prior approval and sanction of the
Building Plans from the Municipal Corporation of Delhi, as per the provisions of MPD-
2001, Zonal Plan and Building Bye-laws.
It is, needless to mention that, once a village is urbanized, there is no Lal Dora and
no exemption and all buildings come under the purview of sanction of Building Plans.
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CHAPTER – IV
INSTRUCTIONS AND GUIDELINES FOR BUILDING PERMIT
AND COMPLETION CERTIFICATE IN RESPECT OF DDA’S
FLATS
The Ministry of Urban Development and Poverty Alleviation, Government of India has
allowed certain addition (s) /alteration(s) in DDA flats. These are applicable to all flats
built and allotted by DDA irrespective of whether these are located in notified and
denotified areas. The addition/alteration (s) allowed are categorized in three
categories:-
The details of all the categories of addition/alteration (s) which have been
approved by Ministry of Urban Development & Poverty Alleviation by
various orders are given below:
I) CONDONABLE ITEMS:
1. To convert existing barasati into room provided the wall is made of only
115 mm thick.
2. Grills and glazing in verandah with proper fixing arrangement.
3. Raising height of front and rear courtyard wall upto 7’ height by putting
up jali/fencing.
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2. In three or four storeyed flats the owners at upper floor shall have the
right to cover the area available as a result of coverage of
courtyard/terrace of floor below. In such cases the residents of DDA
flats in a vertical stack served by the same staircase should give their
consent and jointly apply for permission.
3. In two storeyed flats the allottee at first floor will have no right of
construction above the courtyard built by ground floor allottee. The
upper floor allottee of two storeyed flat can use the roof terrace for extra
coverage as permissible.
Light and ventilation of the habitable rooms is ensured as per the building
bye-laws.
The owner(s) will be allowed to cover additional space with prior permission of
MCD as per the prescribed procedure.
The existing additional covered area and addition (s) /alteration (s) can also be
got regularized by the owner (s) of DDA flats if the same are within the
prescribed norms following the same procedure.
3.3 The person (s) who intend to make or has/have already carried out addition
(s) /alteration (s) in the flat (s), shall intimate in writing in the prescribed
form (Appendix A-1, A-2) and such intimation shall be accompanied along
with the documents as given in para 5. The form is to be filled up and
jointly certified by the owner (s) and Registered Architect, which contain
the statement of the proposal and amount deposited. The proposal with all
requisite information /documents and certification shall be accepted and one
copy of the proposal will be certified/stamped and returned to the applicant.
A copy of the plan duly stamped shall be forwarded to House Tax
department. Incomplete proposals shall not be accepted.
3.4 In cases where permission is required for interchanging the position of kitchen,
bathroom & WC or for additional coverage in courtyard and terraces, all the owner
(s) of one vertical block will jointly submit the proposal. In case, where all the
owner (s) of one vertical block are not interested to carry out the addition /alteration
but one or two of them are interested, they will have to obtain no Objection
Certificate from the remaining owner (s).
3.5 The Architect (s) may draw the original plan of the flat (s) by measurements and
satisfy themselves about their correctness. If need be, they can obtain a certified
copy of original plan of the flat from Housing and Urban Projects Wing, DDA
on prescribed payment.
450/- per sqm will be levied for additional covered area proposed to be
constructed. The rate of Rs. 450/- per sqm is in accordance with the rate
given by the Ministry vide order dated 25.09.1998. In case of regularisation
an additional charge of 10% over Rs. 450/- shall be taken.
ii) 4 (four) sets of plans (1 cloth mounted), duly signed by the owners
and the Architect, registered with Council of Architecture under the
Architects Act 1972 indicating his/her name, address, telephone
number, clearly showing original construction in blue colour and
proposed construction/construction to be regularized in red colour at
a scale not less than 1:100.
vi) Certificate by owner(s) and structural engineer for safety from natural
hazard as per the proforma prescribed by Ministry (Appendix ‘C’).
prescribed documents should be submitted in the zone under which the flats falls in
the office of Executive Engineer (Bldg.) on any working day upto 2.00 P.M.
Facility is available for submission of building plans in single window service in all
zones.
Such building permit shall remain valid for a period of three years from the
date of sanction .
N.B: - No building activity can be carried out after the expiry of validity
of such building permit.
10.2 The intimation of completion shall have to be given within 3 years of submission of
plans for addition (s) /Alteration(s) to MCD. If no intimation regarding completion
of construction is received within 3 years, the permission granted will automatically
get revoked and withdrawn.
10.3 In cases where construction has already been carried out and only regularization is
required, there will be no need of completion certificate.
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APPENDIX ‘A-1’
FORM FOR APPLICATION FOR PROPOSED ADDITION/ALTERATION IN DDA
FLATS.
To,
The Commissioner,
Municipal Corporation of Delhi,
Town Hall, Delhi.
Sir,
I/we hereby inform that I/we intend to make addition/alterations in the flat no./ nos.
_______________Block No. _________________ situated at ______________
Scheme___________________ in accordance with the guidelines issued by the
Ministry of Urban Development & Poverty Alleviation in this regard.
I/we forward herewith the following plans and specifications duly signed by me/us
(name in block letters) the Licenced Architect/Engineer/Plumber who have prepared
the plans, designs etc., and who will supervise its erection and a copy of other
statement /documents (as applicable).
The proposed covered area on all the floors is________sq. mts. accordingly a fee of
Rs.________@ 450 per sq.mt of area part thereof of coverage has been deposited.
1. Building plans (four sets showing the original construction in blue colours
and proposed construction in red colour).
2. Service plan (only in case of additional toilet is being constructed or position
is being shifted).
3. Ownership documents of flat No. (i) (ii) (iii)
(iv)
4. Attested copy of the receipt of the application fee.
5. Indemnity bond.
6. Structure stability certificate.
7. Copy of valid registration certificate of Architect.
8. Copy of qualification certificate of structural engineer.
9. Supervision certificate of Architect.
10. Supervision certificate of structural engineer.
11. NOC from House Tax Department from all applicants.
I/we request that the construction may be approved and permission accorded to
me/us to execute the same in my flat.
1. 2. 3. 4.
Signature of owner/(s)
Name in Block Letters
Address of the owner/(s)
Dated.
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APPENDIX ‘A-2’
FORM FOR APPLICATION FOR REGULARISATION OF EXISTING
ADDITIONS/ALTERATIONS IN DDA FLAT.
To,
The Commissioner,
Municipal Corporation of Delhi,
Town Hall, Delhi.
Sir,
I/we hererby inform that I/we have made addition/alterations in the flat no. / nos.
_____________ Block No._______________________ situated at _____________
scheme_________ in accordance with the guidelines issued by the Ministry of
Urban Development & Poverty Alleviation in this regard.
I/we forward herewith the following plans and specifications duly signed by me/us
(name in block letters) the Licenced Architect/Engineer/Plumber who have prepared
the plans, designs etc., and who will supervise its erection and a copy of other
statement /documents (as applicable).
The proposed covered area on all the floors is________ sq. mts. accordingly a fee
of Rs.________@ 450 per sq.mt of area part thereof of coverage + 10% surcharge
has been deposited.
1. Building plans (four sets showing the original construction in blue colours
and proposed construction in red colour).
1. Service plan (only in case of additional toilet is being constructed or position
is being shifted).
2. Ownership documents of flat No. (I) (ii) (iii)
(iv)
3. Attested copy of the receipt of the application fee.
4. Indemnity bond.
5. Structure stability certificate.
6. Copy of valid registration certificate of Architect.
7. Copy of qualification certificate of structural engineer.
8. Supervision certificate of Architect.
9. Supervision certificate of structural engineer.
10. NOC from House Tax Department from all applicants.
I/we request that the construction may be regularized and completion recorded.
1. 2. 3. 4.
Signature of Owner/(s)
APPENDIX ‘B’
FOR SUPERVISION
To,
The Commissioner,
Municipal Corporation of Delhi,
Town Hall, Delhi.
Sir,
Registration No.
Address
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APPENDIX ‘C’
Certified that the buildings plans submitted for approval satisfy the safety
requirements as stipulated in Clause 18 of Building Bye Law, 1983d and the
information given therein is factually correct to the best knowledge and
understanding.
It is also certified that the structural design safety from natural hazards based
on soil condition duly incorporated in the design of the building and these provisions
shall be/has been adhered to during construction.
APPENDIX ‘D’
INDEMNITY BOND
(To be submitted on non judicial papers of Rs. 100 duly attested by the Oath
Commissioner).
AND WJEREAS the said owner has further agreed to indemnify the MCD of
any claims put up against the MCD either by way of compensation or in any other
way in case the MCD is required to pay any such amount to any person or the owner
or owners of the adjoining properties. The owner hereby agrees and undertakes to
indemnify the MCD to pay the full extent of the amount to the MCD that may be
required to be paid in the extent herein above mentioned.
The owner further undertakes and agrees to indemnify the MCD for any such
amount the MCD may require to pay either by way of compensation of damage or
any other amount and further undertake to indemnify the MCD of all cost and
expenses that the MCD may require to defend any such action in any court of law.
The owner undertakes that no addition/alterations shall be carried out beyond the
boundaries of the flat. Any damage occurring during or due to the
addition/alterations made at site to public sewers, water drains, roads/foot paths shall
have to be made good by the owner.
INWITNESS HEREOF the owner above mentioned put his hand and seal of
the said Indemnity Bond on this ____________ day of ______________.
Witness: 1.
2.
EXECUTANTS
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CHAPTER V
Ministry of Urban Development and Poverty Alleviation, Government of
India vide its notification dated the 9th February 2004 made the following
modification in Delhi Building Bye-Laws with effect from the date of Publication of
the Notification in the Gazette of India by adding clause 23 to the Building Bye-
laws, 1983
23.1 Applicability
This regulation shall apply to heritage sites which shall include those
buildings, artifacts, structures, streets, areas and precincts of historic,
architectural, aesthetic, cultural or environmental value (hereinafter referred
to as Listed Heritage Buildings / Listed Heritage Precincts) and those
natural feature areas of environmental significance or of scenic beauty
including but not restricted to, sacred groves, hills, hillocks, water bodies
(and the areas adjoining the same), open areas, wooded areas, points, walks,
rides, bridle paths (hereinafter referred to as 'listed natural feature areas')
which shall be listed in notification ( s) to be issued by Government /
identified in Master Plan.
23.1.1 Definitions
(a) “Heritage building" means and includes any building of one or more
premises or any part thereof and /or structure and/or artifact which
requires conservation and/or preservation for historical and / or
architectural and / or artisanary and /or aesthetic and/or cultural
and/or environmental and/or ecological purpose and includes such
portion of land adjoining such building or part thereof as may be
required for fencing or covering or in any manner preserving the
historical and/or architectural and/or aesthetic and/or cultural value of
such building.
(b) "Heritage Precincts" means and includes any space that require
conservation and /or preservation for historical and / or architectural
and/or aesthetic and/or cultural and/or environmental and/or
ecological purpose. Such space may be enclosed by walls or other
boundaries of a particular area or place or building or by an
imaginary line drawn around it.
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(ii) Provided that, before granting any permission for demolition or major
alterations / additions to listed buildings (or buildings within listed streets or
precincts), or construction at any listed natural features, or alteration of
boundaries of any listed natural feature areas, objections and suggestions
from the public shall be invited and shall be considered by the Heritage
Conservation Committee.
(iii) Provided that, only in exceptional cases, for reasons to be recorded in writing,
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the Commissioner, MCD/ Vice Chairman DDA / Chairman NDMC may refer
the matter back to the Heritage Conservation Committee for reconsideration
23.4 Penalties
Widening of the existing roads under the Master Plan of Delhi / Zonal
Development Plan or in the Layout Plan shall be carried out considering the
existing heritage buildings (even if they are not included in a Heritage
Precinct) or which may affect listed natural features areas.
to that effect, the owner / owners / lessees may be allowed with the approval '
of the Heritage Conservation Committee within permissible use zone to
convert part or whole thereof of the non-commercial area within such a
heritage building to commercial /office use/ hotel. Provided that if the
heritage building is not maintained suitably or if the heritage value of the
building is spoiled in any manner, the commercial/office / hotel use shall be
("
disallowed.
After the guidelines are framed, building within heritage precincts or in the
vicinity of heritage sites shall maintain the skyline in the precinct and follow
the architectural style (without any high-rise or multi-storeyed development)
as may be existing in the surrounding area, so as not to diminish or destroy
the value and beauty of or the view from the said heritage sites. The
development within the precinct or in the vicinity of heritage sites shall be in
accordance with the guidelines framed by the Commissioner, MCD I Vice-
Chairman DDA/Chairman NDMC on the advice of the Heritage
Conservation Committee or separate regulations / guidelines; if any,
prescribed for respective zones by DDA/NDMC/MCD.
(A) Definition
Heritage Grade-I comprises Heritage Grade-II(A&B) Heritage Grade-III comprises
buildings and precincts of comprises of buildings and building and precincts of
national or historic precincts of regional or local importance for townscape; that
importance, embodying importance possessing special evoke architectural, aesthetic, or
excellence in architectural architectural or aesthetic merit, or sociological interest through not
80
style, design, technology and cultural or historical significance as much as in Heritage Grade-II.
material usage and/or though of a lower scale in These contribute to determine the
aesthetics; they may be Heritage Grade-I. They are local character of the locality and can
associated with a great historic landmarks, which contribute to be representative of lifestyle of a
event, personality, movement the image and identity of the particular community or region
or institution. They have been region. They may be the work of and may also be distinguished by
and are the prime landmarks master craftsmen or may be setting, or special character of the
of the region. models of proportion and facade and uniformity of height,
All natural sites shall fall ornamentation or designed to suit width and scale.
within Grade- I a particular climate.
(B) Objective:
Heritage Grade-I richly Heritage Grade-II deserves Heritage Grade-III deserves
deserves careful preservation intelligent conservation. intelligent conservation (through
on a lesser scale than Grade-II
and special protection to unique
features and attributes)
(C) Scope for Changes:
No interventions be permitted Grade-II(A): Internal changes Internal changes and adaptive re-
either on exterior or interior of and adaptive re-use may by and use may by and large be allowed.
the heritage building or natural large be allowed but subject to Changes can include extensions
features unless it is necessary strict scrutiny. Care would be and additional buildings in the
in the interest of strengthening taken to ensure the conservation same plot or compound.
and prolonging, the life of the of all special aspects for which it However, any changes should be
buildings/or precincts or any is included in Heritage Grade-II. such that they are in harmony
part or features thereof. For Grade-II(B): In addition to the with and should be such that they
this purpose, absolutely above, extension or additional do not detract from the existing
essential and minimum building in the same plot or heritage building/precinct.
changes would be allowed and compound could in certain
they must be in conformity circumstances, be allowed
with the original. provided that the extension /
additional building is in
harmony with (and does not
detract from) the existing
heritage building (s) or
precincts especially in terms of
height and facade.
(D) Procedure:
Development permission for Development permission for the Development permission for the
the changes would be given on changes would be given on the changes would be given on the
the advice of the Heritage advice of the advice of the
Conservation Committee. Heritage Conservation Heritage Conservation Committee
Committee.
23.13 Nothing mentioned above should be deemed to confer a right on the owner /
occupier of the plot to demolish or reconstruct or make alterations to his
81
23.14 The Heritage Conservation Committee shall have the power to direct,
especially in areas designated by them, that the exterior design and height of
buildings should have their approval to preserve the beauty of the area.
(a) The Committee shall have the powers to co-opt upto three additional
members who may have related experience.
(b) The tenure of the Chairman and Members of other than Government
Department / Local Bodies shall be three years.
82