Planning Regulations

     

                                                                                                                                                  APPENDIX 7

                                                                                      (See rules 13, 14 and 67)

 

REGULATIONS FOR DEVELOPMENT OF APARTMENTS AND COLONIES

          1.       Site selection

 The site may be selected in such area which is going to be proposed for Residential Use and the same is not having non-conforming uses like obnoxious uses, industrial and dumping ground etc.  in its vicinity.

2.        Check List

 A Check List showing Regulatory provisions and fulfillment thereof shall have to be submitted alongwith the proposal for Apartments as under:-

Sr. No.

Description

As per Regulations

As

proposed

1.

Scheme Area.

 

 

2.

Slope of Area.

 

 

3.

Means of Access.

 

 

4.

Land Use Structure.

 

 

5.

Coverage

(i)Under Flats (Block wise).

(ii)Under other uses (Block wise).

 

 

6.

Total Built up Area.

 

 

7.

Floor Area Ratio (FAR).

 

 

8.

No. of storeys in each Block.

 

 

9.

Height of each floor.

 

 

10.

Total Height of Block.

 

 

11.

No. of Flats/Dwelling Units in each Block.

 

 

12.

Total Population.

 

 

13.

Density per Hectare.

 

 

14.

Detail of facilities like school, health services etc.  with respect to population.

 

 

15.

Parking provision.

 

 

16.

Structural Stability Certification.

 

 

17.

Distance of structures from natural drainage.

 

 

18.

Distance of structures from Highways and other District Roads.

 

 

19.

Distance of structures from HT/LT lines.

 

 

20.

No Objection Certificate of competent authority of the Himachal Pradesh State Electricity Board Limited in case HT/LT line is crossing over/ nearby proposed site.

 

 

21.

No Objection Certificate of the competent authority of National Highway / Himachal Pradesh Public Works Department or Local Bodies for approach to the proposed project as the case may be.

 

 

22.

No Objection Certificate of the competent authority of Himachal Pradesh Forest Department.

 

 

23.

No Objection Certificate of the competent authority of Himachal Pradesh Irrigation and Public Health Department or consent of Central Ground Water Authority regarding use of ground water.

 

 

24.

No Objection Certificate of the competent authority of Himachal Pradesh Fire Services Department.

 

 

25.

No Objection Certificate of the competent authority of Urban Local Bodies/Panchayats.

 

 

26.

Provision of Rain Water Harvesting Structure.

 

 

 27.

Arrangement for disposal and treatment of solid waste, sullage, sewage, sewerage and storm water.

 

 

28.

Provision for street lighting.

 

 

29.

Name of the registered Town Planner / Architect/Engineer with full correspondence address, appointed for the job.

 

 

30.

Name of the registeredStructural Engineer with full correspondence address, appointed for the job.

 

 

           3.         Size and shape of Scheme Area

The cases for permission of Apartments shall be considered in the form of complexes and not on ribbon development pattern along Highways/Major Roads.

2.Slope

*Apartment shall be allowed upto 450 slopes.

          *5.         Land Use structure of a Colony:-

 

Sr.

No.

Land Use

Percentage of  Total Area

1.

Area under Apartments

30-35 %

2.

Commercial    

02 -03 %

3.

Public and Semi- Public

06 -10 %

4.

Traffic and Transportation

10-15 %

5.

Parks and Open Spaces          

10-15 %

6.

Area under Set Backs, pavement, plantation and landscaping etc.

Balance

-

Total

100 %”

 

Provided that Director may, for the reasons to be recorded in writing revise the percentage prescribed above keeping in view the location of the colony/project.

* As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016

              Note:-

Under Commercial Use, convenient shops @ of one shop per 150 persons shall have to be provided. These will include service shops like vegetable, shoe repair, dry cleaning, tailor, barber, general merchandise etc.  The purpose of these shops should clearly be mentioned in the Plan and should be accordingly allotted after completion. In case Public and semi-Public amenities like schools, health centres etc. are available in the vicinity and the same are adequate to cater for the requirements of inhabitants, detail thereof shall have to be given in the Check List at Regulation 2. However, provision of toilets and urinals @ two toilets, one for ladies and one for gents, per 1000 persons and provision for Kindergarten/ tot lots etc. shall have to be made in every Scheme.

                      6.         Means of Access

(i)The minimum access/approach from main road to the project site for construction of colony or apartments with a population of 1000 persons shall not be less the 5.00Metres and for population above 1000 persons shall not be less than 6.00Metres.

                       However, in case of low-rise, low-density and isolated vacation group housing projects an access / approach not less than 3.0 Metres can be considered. Such a project shall have an overall F.A.R. of not more than 1.0 and maximum building height of 10M.

(ii)Width and length of means of internal access for Colonies shall be as under:-

(a)For plain areas:-

Sr. No.

Width

(in Metre)

Length upto

(in Metre)

1.

5.00

250

2.

7.50

400

3.

9.00

1000

4.

12.00

Above 1000

(b) For hilly areas:-

 

Sr. No.

Width

(in Metre)

Length upto

(in Metre)

1.

5.00

400

2.

7.50

Above 1000

(iii) Promoter shall endeavor to provide footpaths within the prescribed width of roads/ lanes as above alongwith the main roads/ lanes.

 

* As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016

 

              7.         Parking Provision

Parking provision shall have to be provided @ one vehicle i.e.18.00 M2 area per 100 M2 floor area. Maximum height of parking floor shall be 3.00 Metre including the depth of beam below the ceiling of the slab.

             8.         *Maximum Floor Area Ratio (FAR) shall be 1.75.

             9.         Floor Height and Maximum Height of Building

The minimum floor height of Apartments may vary from 3.00 Metres to 3.50 M. However, the overall height of the building shall not exceed 30.00 Metres in plains areas and 25.00 M including sloping roof in hilly areas of the State. Maximum height of sloping roof shall be in accordance with the volume of structure and the same shall not be less than 300slope of the roof. The height of the Block shall be measured from plinth of the Block to the ridge of the roof including parking and roof. The minimum slope of the roof/ dormer shall not be less than 300. The colour of the roof shall be in post office red or grey green or any other colour conforming to the colour of the natural roofing material.

           10.       Set Backs

The Block to Block distance shall be 1/3rd of average height of Blocks subject to minimum of 6.00 M. Distance of Apartments from the adjoining properties and side Set Backs for plain area shall not be less than 1/3rd and for hilly area 1/4 th of the height of the respective adjacent Block subject to minimum of 3.00 M. *All the projections of the Apartments including any appurtenant shall be at a minimum distance of 1.00 M. from footpath or 2.00 M. from the roads/ lane.

           11.       Structural Stability

The Structural Stability provisions including Soil Investigation Report have to be strictly adhered as enshrined under section 31-A of the Himachal Pradesh Town and Country Planning Act, 1977(Act No. 12 of 1977) and under Rule 21 of the Himachal Pradesh Town and Country Planning Rules,2014.  Monitoring of the same shall have to be ensured at each floor level and Completion Certificate in this regard shall be furnished to the Director, Town and Country Planning Department, Himachal Pradesh, Shimla.

* As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016

 

            12.       Environment and Health

(i)     Proper air, light and ventilation to each dwelling unit shall have to be ensured. At least 3 hours sun may be available for each flat during winters. Kitchen and services shall have to be provided along the external walls. However, if the Water Closets (WCs) and bath rooms are not opening on to front, side, rear and interior open spaces, these shall open on to the ventilation shaft. The minimum size of which shall be as under:-

 

Sr. No.

Height of Buildings

(in Metre)

Size of Ventilation Shaft

(in square Metre)

Minimum one dimension of the Ventilation Shaft

( in Metre)

1.

Upto 10.00

1.20

0.90

2.

Upto12.00

2.80

1.20

3.

Upto18.00

4.00

1.50

4.

24.00 & above

5.40

1.80

 

 

 

 

 

 

 

 

 

 

(ii)   In view of Notification No. S.O. 801 (E) dated 7.7.2004 of the Ministry of Environment and Forests, Government of India, New Delhi and accordingly further directions of the State Government circulated vide letter No. STE-A (3)-11/2003 dated 28.3.2005, in case of population more than 1000 persons or discharging sewage more than 50 Kilo Liter per Day ( KLD) or above or with an investment of Rs.50 Crores or above, the Promoter has to ensure the  Environmental Clearance from the Government of India, besides consent of the Himachal Pradesh State Environment Protection and Pollution Control Board under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981.

               13.       Safety Measures

(i)In case of buildings above 15.00 M of height, No Objection Certificate (NOC) from the Director, Fire Services or Chief Fire Officer, as the case may be, shall be required.

(ii)The provision of stair cases shall be as per clause *4.6.2 of Part-IV of National Building Code of India i.e. minimum of 2 stair cases for floor area of more than 500 M2. Atleast one of the stair case shall be on external wall of the buildings and shall open directly to the exterior. Width of stair case shall not be less than 3.00 M i.e. 1.50 M in one flight.

(iii)Upto 4 storeys and 1 parking floor, provision for a lift shall be optional. However, for more than 4 storeys and one parking floor, it shall be mandatory requirement. The Promoter has to  make provision of power back up for the lift and general lighting within and outside the building at his own cost.

* As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016

 

*(iv) Adequate system of fire hydrants/ fire fighting systems to the satisfaction of Director General, Fire Services or Chief Fire Officers or the District Level Fire Officer, as the case may be, shall be required.

            14.       Potable Water Supply and Rain Water Harvesting

(i)    No Objection Certificate (NOC) from the Himachal Pradesh Irrigation and Public Health Department(HPI& PH), regarding availability of adequate water supply and viability of design of rain water harvesting structure shall have to be furnished.

(ii)   Adequate provision for rain water harvesting structure @ 20 Liters per M2 of the roof top area shall have to be made underground in the parks and open spaces and the same shall be used for the purposes other than drinking and cooking.

            15.       Parks and Open Spaces

Area under parks and tot lots shall have to be properly developed in regular shape by providing retaining walls, railings, plantation etc. and amidst the Blocks, proper landscaping of the Apartment area in accordance with the design shall be ensured by the Promoter.

            16.       Existing Trees and Plantation

(i)   No construction shall be allowed within a radius of 2.00 M from the existing tree and 5.00 M from the forest boundary measured from the circumference of an existing tree.

(ii)   The Promoter shall ensure plantation of trees at least equivalent to the anticipated population of the area and the same shall have to be monitored by the Director, Town and Country Planning Department, Himachal Pradesh, Shimla. Local varieties of trees with exotic impact and attraction shall have to be planted.

            17.       Distance from Natural Drainage

Distance from the Highest Flood Level (HFL) along Rivers, Khuds and Nullahs shall be as delineated in the Interim Development Plans / Development Plans. In other areas, no construction shall be allowed in parcel of land prone to floods.

 

* As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016

           18.       Distance from Roads

Distance of structures from roads shall have to be adhered as under:-

 

(i)            National/ State Highways/ Himachal Pradesh Public Works Department’s  Scheduled Roads and Bye-passes              =          15.00 M

                       (ii)            Other District Roads.                                                                                                                                                  =          10.00 M

                       (iii)           Other Roads                                                                                                                                                               =            5.00 M

 

           19.   Distance from Electric Lines

Adequate distance from the electric lines as per the requirement of Himachal Pradesh State Electricity Board Limited (HPSEB Ltd) Rules shall have to be maintained. The No Objection Certificate (NOC) of the competent authority shall also be required, if HT/LT line is crossing through the Scheme.

20.    Assessment of Power Requirement

 In case, power assessment exceeds 50 KW, proper space for installation of electricity Transformer is required to be provided in the layout plan and provision has to be made for coming 11 KV line. The proposed space is to be got verified from the concerned Officer of the Himachal Pradesh State Electricity Board Limited (HPSEB Ltd)  and accordingly No Objection Certificate (NOC) alongwith verification at site shall have to be furnished.

21.   Reservation for Economically Weaker Sections, Low Income Groups of Society and Bonafide Himachalis

             The promoter shall have to ensure the reservation for Economical Weaker Section (EWS) , Low Income Group (LIG) of the society and Bonafide Himachalis as prescribed in the Rule 56 of the Himachal Pradesh Town and Country Planning Rules, 2014.

              22.   Development of Infrastructure and its Maintenance

The Promoter shall construct roads, drains, lay electricity lines, sewerage and make provision for disposal of solid waste etc. Suitable site has to be reserved for placement of dumpers. The provision of services infrastructure shall be made through a duct to be constructed on sides of the road and the same have to be ascertained by the Director, Town and Country Planning Department, Himachal Pradesh, Shimla during the course of development at site. The Promoter has to provide street light poles, each at a distance of 30.00 M on either sideof the roads. The provision of community water reservoir has to be made in the Scheme. All the infrastructural services shall be maintained till such time that a Society is formed and got registered by the residents of the Scheme or Municipal Corporation or Municipal Council or Nagar Panchayat or Special Area Development Authority (SADA) or Panchayat, undertakes the maintenance pursuits of the area.

23.    Control on Registration of Apartments and release of service connections

The Sub-Registrar shall not register sale deed of a Flat/ Apartment which has been constructed in violation of an approved plan. Similarly, the Himachal Pradesh State Electricity Board Limited as well as Himachal Pradesh Irrigation and Public Health Department shall not release any service connection without obtaining No Objection Certificate (NOC) of the Director, Town and Country Planning Department, Himachal Pradesh, Shimla under provision of section 83-A of the Himachal Pradesh Town and Country Planning Act, 1977(Act No. 12 of 1977).

             24.   Supervision

The registered Architect from the Council of Architecture and Structural Engineer, Graduate in Civil Engineering with 3 years experience in Structural Engineering and the Town Planner shall be competent for supervision of development of land as per provisions of Annexure-A of Part II of the National Building Code of India, 2005.

*25.       Preservation of the Natural Hill Profile:

Promoter shall endeavor to develop the colony along the slopes of hill without much disturbance to the natural hill profile. In no case hill cut at any level shall not exceed 3.50Metres. ”

              26.       Preservation of local Heritage and Hill Architecture

As far as possible local Heritage and Hill Architecture imperatives shall have to be ensured and incorporated in the designs in terms of facades, sloping roof, windows, doors etc. in hilly areas.

*27.       Urban and Regional Development Plans Formulation and Implementation (URDPFI) Guidelines.

              In case of any clarification with reference to any proviso or if there is no any specific provision, the provisions as envisaged in the Urban and Regional Development Plans Formulation and Implementation (URDPFI) Guidelines, 2014 of the Government of India or the National Building Code,2005 of India shall have to be adhered to.

 

* As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016