ASSIGNMENT

ON
“LEGAL FRAME WORK OF PROJECT”

(PGPM – 34)

SUBMITTED TO:

NATIONAL INSTITUTE OF CONTRUCTION

MANAGEMENT
& RESEARCH (NICMAR) PUNE.

SCHOOL OF DISTANCE EDUCATION

(SODE)

By
SUMIT KUMAR
Reg. no: - 216-09-31-12668-2184

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 CONTENTS

S. No. Content Page

1 Introduction 3

2 National Building code as Legal Framework 4

3 Building Bye Law as Legal Framework 7

4 General Building Requirements 8

5 Conclusions 24

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 INTRODUCTION
A legal doctrine is a framework, set of rules, procedural steps, or test, often established
through precedent in the common law, through which judgments can be determined in a
given legal case. For each project to extract natural resources from the ground, there are
rules that govern the rights and responsibilities of governments, companies, and citizens.
Together these rules are called a legal framework, or legal architecture. Who is involved in
making these rules and what documents they use to define them differs from country to
country. The legal framework that governs the extractive industries rests inside a broader
set of rules governing the organization of the state and economic activities.
A well-designed legal architecture should provide rules for how state institutions are
structured; how companies acquire and manage licenses; the fiscal terms governing
payments between companies and the state; environmental management; relationships
between extractive projects and neighboring communities; the behavior of public officials
active in the sector; public information disclosure and accountability; and how the
government 2 Legal Framework will manage natural resource revenues. When companies
begin to engage in a country, they must check that they are in compliance, or following, all
of the rules in the legal framework of a country. Legal frameworks comprise a set of
documents that include the constitution, legislation, regulations, and contracts.
Construction law is a branch of law that deals with matters relating to building construction,
engineering and related fields. It is in essence an amalgam of contract law, commercial
law, planning law, employment law and tort. Construction law covers a wide range of legal
issues including contract, negligence, bonds and bonding, guarantees and sureties, liens and
other security interests, tendering, construction claims, and related consultancy contracts.
Construction law affects many participants in the construction industry, including financial
institutions, surveyors, architects, builders, engineers, construction workers etc.
Construction law builds upon general legal principles and methodologies and incorporates
the regulatory framework (including security of payment, planning, environmental and
building regulations); contract methodologies and selection (including traditional and
alternative forms of contracting); subcontract issues; causes of action, and liability, arising in
contract, negligence and on other grounds; insurance and performance security; dispute
resolution and avoidance.
Construction law has evolved into a practice discipline in its own right, distinct from its
traditional locations as a sub-practice of project finance, real estate or corporate law. There
are often strong links between construction law and energy law and oil and gas law.
When a plan has been adopted for a building, and in the progress of the work a change is
made from the original plan, the change is called a "deviation". When the contract is to
build a house according to the original plan, and a deviation takes place, the contract shall
be traced as far as possible, and the additions, if any have been made, shall be paid for
according to the usual rate of charging.

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 National Building Code as Legal Framework
A building code (also building control or building regulations) is a set of rules that specify the
standards for constructed objects such as buildings and non-building structures. The main
purpose of building codes is to protect public health, safety and general welfare as they
relate to the construction and occupancy of buildings and structures. The building code
becomes law of a particular jurisdiction when formally enacted by the appropriate
governmental or private authority.[1]
Building codes are generally intended to be applied by architects, engineers, interior
designers, constructors and regulators but are also used for various purposes by safety
inspectors, environmental scientists, real estate developers, subcontractors, manufacturers
of building products and materials, insurance companies, facility managers, tenants, and
others. Codes regulating the design and construction of structures where adopted into law.
The practice of developing, approving, and enforcing building codes varies considerably
among nations. In some countries building codes are developed by the government
agencies or quasi-governmental standards organizations and then enforced across the
country by the central government. Such codes are known as the national building codes (in
a sense they enjoy a mandatory nationwide application).
In other countries, where the power of regulating construction and fire safety is vested
in local authorities, a system of model building codes is used. Model building codes have no
legal status unless adopted or adapted by an authority having jurisdiction. The developers of
model codes urge public authorities to reference model codes in their laws, ordinances,
regulations, and administrative orders. When referenced in any of these legal instruments, a
particular model code becomes law. This practice is known as adoption by reference. When
an adopting authority decides to delete, add, or revise any portions of the model
code adopted, it is usually required by the model code developer to follow a formal
adoption procedure in which those modifications can be documented for legal purposes.
There are instances when some local jurisdictions choose to develop their own building
codes. At some point in time all major cities in the United States had their own building
codes. However, due to ever increasing complexity and cost of developing building
regulations, virtually all municipalities in the country have chosen to adopt model
codes instead. For example, in 2008 New York City abandoned its proprietary 1968 New
York City Building Code in favor of a customized version of the International Building
Code.[7] The City of Chicago remains the only municipality in America that continues to use
a building code the city developed on its own as part of the Municipal Code of Chicago.
In Europe, the Eurocode is a pan-European building code that has superseded the older
national building codes. Each country now has National Annexes to localize the contents of
the Eurocode.
Similarly, in India, each municipality and urban development authority has its own building
code, which is mandatory for all construction within their jurisdiction. All these local
building codes are variants of a National Building Code, which serves as model code proving
guidelines for regulating building construction activity.

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After the Great Fire of London in 1666, which had been able to spread so rapidly through
the densely built timber housing of the city, the Rebuilding of London Act was passed in the
same year as the first significant building regulation.[9] Drawn up by Sir Matthew Hale, the
Act regulated the rebuilding of the city, required housing to have some fire resistance
capacity and authorized the City of London Corporation to reopen and widen
roads.[10] The Laws of the Indies were passed in the 1680s by the Spanish Crown to
regulate the urban planning for colonies throughout Spain's worldwide imperial
possessions.
The first systematic national building standard was established with the London Building Act
of 1844. Among the provisions, builders were required to give the district surveyor two
days' notice before building, regulations regarding the thickness of walls, height of rooms,
the materials used in repairs, the dividing of existing buildings and the placing and design
of chimneys, fireplaces and drains were to be enforced and streets had to be built to
minimum requirements.
The Metropolitan Buildings Office was formed to regulate the construction and use of
buildings throughout London. Surveyors were empowered to enforce building regulations,
which sought to improve the standard of houses and business premises, and to regulate
activities that might threaten public health. In 1855 the assets, powers and responsibilities
of the office passed to the Metropolitan Board of Works.
The City of Baltimore passed its first building code in 1859. The Great Baltimore
Fire occurred in February, 1904. Subsequent changes were made that matched other
cities.[12] In 1904, a Handbook of the Baltimore City Building Laws was published. It served
as the building code for four years. Very soon, a formal building code was drafted and
eventually adopted in 1908.
In Paris, under the reconstruction of much of the city under the Second Empire (1852–70),
great blocks of apartments were erected and the height of buildings was limited by law to
five or six stories at most.

The purpose of building codes are to provide minimum standards for safety, health, and
general welfare including structural integrity, mechanical integrity (including sanitation,
water supply, light, and ventilation), means of egress, fire prevention and control, and
energy conservation.[14][15] Building codes generally include:

 Standards for structure, placement, size, usage, wall assemblies, fenestration

size/locations, egress rules, size/location of rooms, foundations, floor assemblies, roof
structures/assemblies, energy efficiency, stairs and halls, mechanical, electrical,
plumbing, site drainage & storage, appliance, lighting, fixtures standards, occupancy
rules, and swimming pool regulations.
 Rules regarding parking and traffic impact
 Fire code rules to minimize the risk of a fire and to ensure safe evacuation in the event
of such an emergency[citation needed]

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 Requirements for earthquake (seismic code), hurricane, flood, and tsunami resistance,
especially in disaster prone areas or for very large buildings where a failure would be
catastrophic[citation needed]
 Requirements for specific building uses (for example, storage of flammable substances,
or housing a large number of people)
 Energy provisions and consumption
 Grandfathering provisions: Unless the building is being renovated, the building code
usually does not apply to existing buildings.
 Specifications on components
 Allowable installation methodologies
 Minimum and maximum room and exit sizes and location
 Qualification of individuals or corporations doing the work
 For high structures, anti-collision markers for the benefit of aircraft
Building codes are generally separate from zoning ordinances, but exterior restrictions (such
as setbacks) may fall into either category.
Designers use building code standards out of substantial reference books during design.
Building departments review plans submitted to them before construction, issue permits [or
not] and inspectors verify compliance to these standards at the site during construction.
There are often additional codes or sections of the same building code that have more
specific requirements that apply to dwellings or places of business and special construction
objects such as canopies, signs, pedestrian walkways, parking lots, and radio and television
antennas.

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 Building Bye Law as Legal Framework
A by-law (sometimes also spelled bylaw or bye-law) is a rule or law established by an
organization or community to regulate itself, as allowed or provided for by some higher
authority. The higher authority, generally a legislature or some other government body,
establishes the degree of control that the by-laws may exercise. By-laws may be established
by entities such as a business corporation, a neighborhood association, or depending on the
jurisdiction, a municipality. In the United States, bylaw is the preferred spelling.
In the United Kingdom, Canada, and some Commonwealth countries, the local laws
established by municipalities are referred to as by-laws because their scope is regulated by
the central governments of those nations. Accordingly, a bylaw enforcement officer is the
Canadian equivalent of the American Code Enforcement Officer or Municipal Regulations
Enforcement Officer. In the United States, the federal government and most state
governments have no direct ability to regulate the single provisions of municipal law. As a
result, terms such as code, ordinance, or regulation, if not simply law are more common.
Bylaws widely vary from organization to organization, but generally cover topics such as the
purpose of the organization, who are its members, how directors are elected, how meetings
are conducted, and what officers the organization will have and a description of their duties.
A common mnemonic device for remembering the typical articles in bylaws is
NOMOMECPA, pronounced "No mommy. It stands for Name, Object, Members, Officers,
Meetings, Executive board, Committees, Parliamentary authority,
Amendment. Organizations may use a book such as Robert's Rules of Order Newly
Revised for guidelines on the content of their bylaws. This book has a sample set of bylaws
of the type that a small, independent society might adopt.
The wording of the bylaws has to be precise. Otherwise, the meaning may be open to
interpretation. In such cases, the organization decides how to interpret its bylaws and may
use guidelines for interpretation.

Objectives of Building Bye laws

• Allows disciplined and systematic growth of buildings and towns and prevent
haphazard development.
• Protect safety of public against fire, noise, health hazards and structural failures.
• Provide proper utilization of space. Hence, maximum efficiency in planning can be
derived from these bye laws
• They give guidelines to the architect or an engineer in effective planning and useful
in preplanning the building activates.
• They provide health, safety and comfort to the people who live in buildings
• Due to these by-laws, each building will have proper approaches, light, air and
ventilation which are essential for health, safety and comfort.

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 General Building Requirements
This part sets out the standard space requirements of various parts of a building and those
of light and ventilation. Some of these items depend on the number of persons who would
normally occupy the building, for which the occupant load should be worked out from table
hereunder:

Occupant Load

Sl. Type of Occupancy Occupant Load per 100 sq m.

No. of Plinth or Covered Area

1 Residential 8.0

2 Educational 25.0

3 Institutional 6.60

4 Assembly

(a) with fixed or loose seats and dance 166.6

floor
(b) without seating facilities including 66.6
dining rooms
5 Mercantile
(a) street floor and sales basement 33.3
(b) upper sale floor
16.6

6 Business and industrial 10.0

7 Storage 3.3

8 Hazardous 10.0

* The occupant load in dormitory portions of homes for the aged, orphanages or
mental hospitals etc. where sleeping accommodation is provided shall be calculated
at not less than 13.3 persons per 100 sq.m.

** The plinth or covered 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 space and the area
available for use by the occupants of the assembly place. No deduction shall be

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 made in the plinth/covered area for corridors, closets and other sub-divisions; that
area shall include all space serving the particular assembly occupancy.

SPACE REQUIREMENT FOR DIFFERENT PARTS OF BUILDING

Main Building
The plinth or any part of a building or outhouse shall be so located with respect to average
road level from site so that adequate drainage of the site is assured but at a not height less
than 45 cm.

Interior Courtyards, Covered Parking Spaces and Garages

These shall be raised at least 15 cm. above the surrounding ground level and shall
satisfactorily drained.
Habitable Rooms Size and Width

The minimum size and width shall be as given in Table below

Minimum Size and Width of Different Components of Residential Premises

Sl. Component of Building Min. requirement for plots Min. requirement for plots
No. upto 50 sq m. above 50 sq m.

1 Habitable Room Area 7.50 sq m. Area 9.50 sq m.

Width 2.10 m. Width 2.40 m.

Height 2.75 m. Height 2.75 m.

2 Kitchen Area 3.30 sq m. Area 4.50 sq m.

Width 1.50 m. Width 1.50 m.

Height 2.75 m. Height 2.75 m.

3 Pantry Area Not applicable Area 3.00 sq m.

Width Not applicable Width 1.40 m.

Height Not applicable Height 2.75 m.

4 Bathroom Area 1.20 sq m. Area 1.80 sq m.

Width 1.00 m. Width 1.20 m.

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Sl. Component of Building Min. requirement for plots Min. requirement for plots
No. upto 50 sq m. above 50 sq m.

Height 2.20 m. Height 2.20 m.

5 W.C. Area 1.00 sq m. Area 1.10 sq m.

Width 0.90 m. Height 0.90 m.

Height 2.20 m. Height 2.20 m.

6 Combined Bath & W.C. Area 1.80 sq m. Area 2.80 sq m.

(Toilet) Width 1.00 m. Width 1.20 m.

Height 2.20 m. Height 2.20 m.

7 Store Area No restriction Area No restriction

Width No restriction Width No restriction

Height 2.20 m. Height 2.2 m.

8 Projections Permitted within the setbacks Permitted within the

upto 0.75 m. width setbacks upto 0.75 m.
width

9 Canopy See clause 4.9.6 See clause 4.9.6

10 Garage -- Area 14.85 sq m.

Width 2.75 m.

Length 5.40 m.

Height 2.40 m.

11 Passage -- Width 1.00 m.

12 Doorways Habitable Width 0.80 m. Width 0.90 m

rooms
Height 2.00 m. Height 2.20 m.

For kitchen bath, W.C. Width 0.75 m. Width 0.75 m.

etc.
Height 2.00 m. Height 2.00 m

14 Staircase Width 0.75 m. Width 0.90 m.

No restriction for internal
ladder

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Notes

1. Provided that the minimum clear head way under any beam shall be not less than
2.4 m.
2. Maximum height permissible for all the components of the building mentioned
above is 4 m.
GROUP HOUSING

a) Building requirement in respect of dwelling units upto 45 sq.mt. in size will

correspond to Table 4.2 and as applicable to plots upto 50 sq m.

b) Building requirement in respect of dwelling units above 45 sq m. may be referred

from the Table 4.2 applicable to above 50 sq m. plot size.

c) Projection into Open Spaces without counting towards FAR.

i) All open spaces provided either in interior or exterior shall be kept free from
any erections thereon and shall open to the sky. Nothing except cornice,
chhajja or weather shade (not more than 0.75 m. wide) shall overhang or
project over the said open space so as to reduce the width to less than
minimum required.
Note: Such projections shall not be allowed at height less than 2.2 m. from the
corresponding finished floor level:
ii) One canopy per block on the ground floor not exceeding 4.5 m. in length and
2.4 m. in width

iii) Balcony at roof slab level of 1.2 m. width and area not exceeding 3.5 sq m.
per bedroom but not exceeding 3 in number per flat.
iv) Balcony having entrance from the toilet/bathroom and width as 1.2 m. for
drying clothes.

NON-RESIDENTIAL BUILDINGS

The minimum area for office room/shop or any other space to be used as workspace shall
not be less than 6.0 sq m. with a minimum width of 2.1 m.

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OTHER GENERAL REQUIREMENTS:

Kitchen

Every room to be used as a kitchen shall have

a) Unless separately provided in a pantry, means for washing of kitchen utensils, which
shall lead directly or through a sink to a grated and trapped connection to the waste
pipe.

b) An impermeable floor;

c) At least a window not less than 1 sq m. in area open directly to an interior or exterior
open space, but not into a shaft and;

d) In residential building 15 m. or more in height, refuse chutes.

Bathroom and W. C

Every bathroom or water closet shall

a) Be so situated that at-least one of its walls shall open to external air and shall have a
minimum opening in the form of window or ventilation to the extent of 0.37 sq m.

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

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

d) Be enclosed by walls or partitions and the surface of every such wall partition shall
be finished with a smooth impervious material to a height of not less than 1.0 m.
above the floor of such a room.

e) Be provided with an impervious floor covering, sloping towards the drain with a
suitable grade and not towards verandah or any other room.
f) No room containing water closets shall be used for any purpose except as a lavatory.

g) Every water closet and/or a set of urinals shall have flushing cistern of adequate
capacity attached to it

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h) A toilet on terrace having a maximum of 2.2 mt. height shall be permitted subject to
condition that the area of toilet be counted in FAR.

i) All the sewage outlets shall be connected to the Municipal Sewerage system. Where
no such system exists, a septic tank shall be provided within the plot conforming to
the requirements.

Loft

Lofts shall be permitted in residential building and shops only. Area of such loft shall be
restricted to 25% of the covered area or respective floor. Minimum height between loft and
ceiling shall be 1.75 m. and the clear height below the loft shall be as stipulated in the
Building Bye-Laws for the space below it.

Mezzanine Floor

Mezzanine floor may be permitted with the minimum height of 2.75 m. between any two
floors above ground in all types of building provided the same is counted as part of total
permissible floor area ratio and height of the building.

Basement

The construction of the basement shall be allowed by Authority in accordance with the land
use and other provisions specified under the Master Plan/Zonal Plan. The basement shall
have the following requirement:

i) Every basement shall be in every part at least 2.5 m. in height from the floor
to underside of the roof slab or ceiling and with maximum height not more
than 4.5 m.
ii) Adequate ventilation shall be provided for the basement. The standard of
ventilation shall be the same as required by the particular occupancy
according to Building Bye-Laws. Any deficiency may be met by providing
adequate mechanical ventilation in the form blowers, exhaust fans (one
exhaust fan for 50 sq m. basement area), air-conditioning system, etc.

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 iii) The minimum height of the ceiling of any basement shall be 0.9 m. and
maximum of 1.2 mt. above the average road level on the front side of the
building.
iv) Adequate arrangement shall be made such that surface drainage does not
enter the basement.
v) The walls and floors of the basement shall be watertight and be so designed
that the effect of the surrounding soil and moisture, if any, are taken into
account in design and adequate damp proofing treatment is given.
vi) The access to the basement shall be either from the main or alternate
staircase providing access to the building. No direct entry from the road shall
be permitted to the basement.
vii) Basement in an individual plot touching the adjacent property shall be
allowed subject to following:
a) In all cases the owners shall have to indemnify the local body against
any damage caused by her/him/them to the adjacent property
(Appendix-B-1)
b) In case the portion of the basement projecting out of the building line
that shall flush with the ground.
viii) In case partition in the basements are allowed by the Authority, no
compartment shall be less than 50.0 sq m. in area and each compartment
shall have ventilation standards as laid down in sub-clause (ii), above
separately and independently. The basement partition shall however,
confirm to the norms laid down by Fire Services.

Garage

i) The plinth of garage located at ground level shall not be less than 15 cm.
above the surrounding ground level.
ii) The garages shall be setback behind the building line of the street/road on to
which the plot abuts and shall not be located affecting the access ways to the
building. If the garage is not setback as aforesaid, the Authority may require
the owner or occupier of the garage to discontinue its use as such or to carry

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 out such structural alterations to the premises or to take such other
measures as the Authority may consider necessary in order to prevent danger
or obstruction to traffic along the street.
Corner Site

When the site front on two streets, the frontage would be on the street having the larger
width. In cases, where the two streets are of same width, then the larger depth of the site
will decide the frontage and open spaces. In such case the location of a garage (on a corner
plot) if provided within the open spaces shall be located diagonally opposite the point of
intersection.

MEANS OF ACCESS

No Building shall be erected as to deprive any other building of its means of access.

Every person who erects a building shall not at any time erect or cause or permit to erect or
re- erect any building, which in any way encroaches upon or diminishes the area set apart as
means of access.

For buildings identified in Building Bye-Laws 7.1 the following provisions of means of access
shall be applicable.

a) The width of the main street on which the building abuts shall not be less
than 12.0 m.
b) If there are any bends or curves in the approach road, sufficient width shall
be permitted at the curve to enable the fire tenders to turn, the turning circle
shall be at least of 9.0 m. radius.

c) The approach to the building and open spaces on its all sides (see Building
Bye-Laws 4.8 and 4.9) upto 6.0 m. width and the layout for the same shall be
done in consultation with the Chief Fire Officer and the same shall be of hard
surface capable of taking the weight of fire tender, weighing upto 22 tones
for low rise building and 45 tones for building 15 m., and above in height. The
said open space shall be kept free of obstructions and shall be motorable.

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 d) Main entrance to the premises shall be of adequate width to allow easy
access to the fire tender and in no case it shall measure less than 5 m. The
entrance gate shall fold back against the compound wall of the premises,
thus leaving the exterior access way within the plot free for movement of the
fire service vehicles. If-archway is provided over the main entrance, the
height of the archway shall not be of height less than 5.0 m.

e) For multi-storeyed group housing schemes on one plot, the approach road
shall be 20.0 m. or as per Master Plan/Development Plan provisions and
between individual buildings, there shall be 6.0 m. space around.

f) In case of basement extending beyond the building line, it shall be capable of

taking load of 45 tones for a building of height 15.0 m. and above and 22
tones for building height less than 15.0 m.

g) The external window shall not be blocked by louvres etc. In such case
provisions shall be made so that one can enter the building to be rescued
through the window by using hydraulic platform etc.

OPEN SPACE AREA AND HEIGHT LIMITATION

1. Every room that is intended for human habitation shall abut on an interior or
exterior open space or on to a verandah open to such interior or exterior open
space.
2. The open spaces to be left around the building including setbacks, covered area,
total built up area, limitations through FAR shall be as per Master Plan/Zonal Plan
requirements. The relevant provisions related to open spaces, areas and height
limitations of the Master Plan are given in Chapter-3.
3. Interior Open Space for Light and Ventilation. The whole or part of one side of one or
more rooms intended for human habitation and not abutting on either the front,
rear or side open spaces shall abut on an interior open space whose minimum width
in all directions shall be 3.0 m. in case of buildings not more than 12.50 m. in height
and subject to the provision of increasing the same with increasing height @ of 0.3
m. per every meter height or part thereof beyond 12.50 m. However, in case of

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 buildings already constructed with 3.0 m. the open space for new construction on
upper floor, the open space on this basis should be ensured and would remain as
mandatory open space.

Note: Where only a kitchen is abutting an interior open space, the minimum width as
specified can be reduced by 0.55 m. correspondingly.

Provision of exterior Open Spaces around the Building

1. The set backs of the respective building shall be as per Master Plan, detailed
Layout Plan, general Development Plan.

2. For buildings identified in Building Bye-Laws no. 2.l0.5 and 7.1 the provision of
exterior open spaces around the buildings shall be as given in Table 4.4.

Provision of Exterior Open Spaces Around the Buildings

Sl. No. Height of the Building Upto Exterior open spaces to be left out on all sides in m.
(m.) (front rear and sides in each plot)

1 10 As per prescribed set backs

2 15 5

3 18 6

4 21 7

5 24 8

6 27 9

7 30 10

8 35 11

9 40 12

10 45 13

11 50 14

12 55 and above 16

Note: On sides where no habitable rooms face, a minimum space of 9.0 m. shall be left for
heights above 27.0 m.
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 3. In case of multi storeyed buildings the exterior open space around a building
shall be of hard surface capable to taking load of fire engine weighting upto 45
tonnes.

Joint Open Air Space

Every interior or exterior or air space, unless the latter is a street, shall be maintained for
the benefit of such building exclusively and shall be entirely within the owner's own
premises.

1. If such interior or exterior open air space is intended to be used for the benefit of
more than one building belonging to the same owner; then the width of such
open air space shall be the one specified for the tallest building as specified in
building bye-law 4.9.3 and 4.9.4 abutting on such open air space.
2. Exemption to Open Spaces/Covered area

The following exemption to open space shall be permitted.

Projections into Open Spaces

a) Every interior or exterior open space shall be kept, free from any erection
thereon and shall be open to the sky. Nothing except cornice, chajja or
weather shade (not more than 0.75 m. wide) shall overhang or project over
the said open spaces so as to reduce the width to less than the minimum
required.
Note: Such projections shall not be allowed at a height less than 2.20 m. from the
corresponding finished floor level
b) A canopy or canopies each not exceeding 4.50 m. in length and 2.40 m. in
width in the form of cantilever or cantilevers, over the main
entrance/entrances, providing a minimum clear height of 2.2 m. below the
canopy.
In single storeyed residential building, only one such canopy shall be
permitted for each individual detached block. In more than one storeyed

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 residential building, two canopies shall be permitted over ground
floor/higher floor entrances.

In buildings of other occupancies, the permissibility of canopy, canopies shall

be as decided by the Authority on its merits.

c) In case of residential building only, a balcony or balconies at roof level of a

width of 1.20 m. overhanging in set backs within one’s own land and
courtyards provided the minimum area required shall not be reduced by
more than 30% of such open spaces.

d) The projections (cantilever) of cupboards and shelves shall be permitted and

are exempted from covered area calculations in case of residential buildings
only. Such projection shall be upto 0.75 m. depth provided.

i) That no cupboard shall project in the side set back on the ground
floor.

ii) That outer length of cupboard overhanging in the setbacks shall not
exceed 2.0 m. per habitable room. In addition to this, cupboard under
the above and windows can be provided.

Note: Cupboard means a space used for storage of household goods/clothes,

having shelves/partitions not more than 1.5 m. apart.
iii) Only one pergola on each floor shall be permitted in a residential
building if constructed in the exterior open spaces or terrace.
Such pergola shall not exceed 3.50 sq m. in area on which 40% shall be void and shall
have a clear height 2.20 m.

Height Limit

The Height and number of storeys shall be related to provisions of FAR as given in Chapter-3
and the provisions of open spaces given in Building Bye-Laws and the following:
a) The maximum height of building shall not exceed 1.5 times the width of road
abutting plus the front open spaces.

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 b) If a building abuts on two or more streets of different width, the building
shall be deemed to face upon the street that has the greater width and the
height of the building shall be regulated by the width of that street. Height
shall however, not exceed the maximum height as provided in the Master
Plan.
c) For buildings in the vicinity of the aerodromes the maximum height of such
buildings shall be subject to clearance from the Civil Aviation Authorities from
time to time and to this effect a no objection certificate issued by that
Authority shall be submitted by the applicant along with plans to the
sanctioning Authority.

Height Exemptions

The following apartment structures shall not be included in the height of building covered
under Building Bye-Laws

Roof tanks and their supports not exceeding 1.0 m. in height, ventilating, air conditioning
and lift rooms and similar service equipment’s, stair covered with Mumty not exceeding
3.00 m. in height. Chimneys and parapet wall and architectural features not exceeding 1.50
m. in height unless the aggregate area of such structures exceeds 1/3 of the roof area of the
building on which they are erected.

LIGHTING AND VENTILATION OF ROOMS

i) All habitable rooms shall have for the admission of light and air, one or more
apertures, such as window, glazed door and fan lights, opening directly to the
external air or into a open verandah not more than 2.40 mt. in width. In case light
and ventilation to habitable space area are through an internal courtyard, the
minimum dimensions of such courtyard shall not be less than 3.0 m. x 3.0 m. for
buildings upto 12.50 m. in height. For buildings with higher heights, the minimum
dimensions of the internal courtyard shall be as given in Building Bye-Laws 4.9.
ii) Where the lighting and ventilation requirements are not met through day lighting
and natural ventilation, the same shall be ensured through artificial lighting and
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 mechanical ventilation as given in part-VII building services Section-1 lighting and
Ventilation of National Building Code of India published by the Bureau of Indian
Standards. The latest version of the National Building Code of India shall be taken
into account at the time of enforcement of the Building Bye-Laws.

Notwithstanding the above, the minimum aggregate area of openings of habitable

rooms and kitchens excluding doors shall be not less than 1/10 of the floor area.

No portion of a room shall be assumed to be lighted if it is more than 7.50 m. from

the opening assumed for lighting that portion.

Ventilation Shaft

For ventilating the spaces for water closets and bathrooms, if not opening on the front side,
rear and interior open spaces, shall open on the ventilation shaft, the size, of which shall not
be less than the values given below:

Size of Ventilation Shaft

Height of Building in m. Size of ventilation shaft in sq m. Minimum size of shaft in m.

9.0 1.5 1.0

12.5 3.0 1.2

15 and above 4.0 1.5

* For buildings above 15.0 m. height, mechanical ventilation system shall be installed
besides the provision of minimum ventilation shaft.
PARAPET

Parapet walls and handrails provided on the edges of roof terrace, balcony etc. should not
be less than 1.0 m. and more than 1.5 m. in height.
Zoning

Zoning describes the control by authority which designates legal areas in a municipality to
permit and prohibit land uses. Zoning may specify a variety of outright and conditional uses
of land. It may also indicate the size and dimensions of land area as well as the form and

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scale of buildings. These guidelines are set in order to guide urban growth and
development.
Areas of land are divided by appropriate authorities into zones within which various uses are
permitted. Thus, zoning is a technique of land-use planning as a tool of urban planning used
by local governments in most developed countries. The word is derived from the practice of
designating mapped zones which regulate the use, form, design and compatibility of
development. Legally, a zoning plan is usually enacted as a by-law with the respective
procedures. In some countries, e. g. Canada (Ontario) or Germany, zoning plans must
comply with upper-tier (regional, state, provincial) planning and policy statements.
There are a great variety of zoning types, some of which focus on regulating building form
and the relation of buildings to the street with mixed-uses, known as form-based, others
with separating land uses, known as use-based or a combination thereof.
The primary purpose of zoning is to segregate uses that are thought to be incompatible. In
practice, zoning also is used to prevent new development from interfering with existing uses
and/or to preserve the "character" of a community. However, it has not always been an
effective method for achieving this goal. Zoning is commonly controlled by local
governments such as counties or municipalities, though the nature of the zoning regime
may be determined or limited by state or national planning authorities or through enabling
legislation. In Australia, land under the control of the Commonwealth (federal) government
is not subject to state planning controls. The United States and other federal countries are
similar. Zoning and urban planning in France and Germany are regulated by national or
federal codes. In the case of Germany this code includes contents of zoning plans as well as
the legal procedure.
Zoning may include regulation of the kinds of activities which will be acceptable on
particular lots (such as open space, residential, agricultural, commercial or industrial), the
densities at which those activities can be performed (from low-density housing such as
single family homes to high-density such as high-rise apartment buildings), the height of
buildings, the amount of space structures may occupy, the location of a building on the lot
(setbacks), the proportions of the types of space on a lot, such as how
much landscaped space, impervious surface, traffic lanes, and whether or not parking is
provided. In Germany, zoning includes an impact assessment with very specific greenspace
and compensation regulations and may include regulations for building design. The details
of how individual planning systems incorporate zoning into their regulatory regimes varies
though the intention is always similar. For example, in the state of Victoria, Australia, land
use zones are combined with a system of planning scheme overlays to account for the
multiplicity of factors that impact on desirable urban outcomes in any location.
Most zoning systems have a procedure for granting variances (exceptions to the zoning
rules), usually because of some perceived hardship caused by the particular nature of
the property in question.
Land Use Zoning
Basically, urban zones fall into one of five major categories: residential, mixed residential-
commercial, commercial, industrial and spatial (e. g. power plants, sports complexes,
airports, shopping malls etc.). Each category can have a number of sub-categories, for

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example, within the commercial category there may be separate zones for small-retail, large
retail, office use, lodging and others, while industrial may be subdivided into heavy
manufacturing, light assembly and warehouse uses. In Germany, each category has a
designated limit for noise emissions (not part of the building code, but federal emissions
code).
In the United States or Canada, for example, residential zones can have the following sub-
categories:

1. Residential occupancies containing sleeping units where the occupants are primarily
transient in nature, including: boarding houses, hotels, motels
2. Residential occupancies containing sleeping units or more than two dwelling
units where the occupants are primarily permanent in nature, including: apartment
houses, boarding houses, convents, dormitories.
3. Residential occupancies where the occupants are primarily permanent in nature and
not classified as Group R-1, R-2, R-4 or I, including: buildings that do not contain
more than two dwelling units, adult care facilities for five or fewer persons for less
than 24 hours.
4. Residential occupancies where the buildings are arranged for occupancy as
residential care/assisted living facilities including more than five but not more than
16 occupants.
Conditional zoning allows for increased flexibility and permits municipalities to respond to
the unique features of a particular land use application. Uses which might be disallowed
under current zoning, such as a school or a community center can be permitted via
conditional use zoning.

Conclusions
The importance of Legal Frame work is of high requirement as, it bounds the user to
conduct any misuse of the power vested to him, within his boundary. Since the Country is
democratic & Republic all the persons can furnish any work within their hands, but due to
that the inconvenience is caused to other. In order to remove any problem to one due to
other the Legal framework in form of Bye-Laws has been defined which will be beneficial to
all the users and will allow them to work within their scope of work only.

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