23 PART- II DEVELOPMENT PERMISSION 4. DEVELOPMENT PERMISSION: 4.

1 Necessity of Obtaining Permission: No person shall erect or re-erect a building or alter any building or carry out any development or redevelopment, on any plot or land or cause the same to be done without first obtaining development permission in the form of commencement certificate from the Municipal Commissioner. 4.2 Items of Operational construction by some authorities excluded: Construction for operational purpose, including maintenance of operational structures, by the following organization, authorities or departments, whether temporary or permanent, may be exempted by the special permission of the Municipal Commissioner in each case from the purview of these Regulations, except those relating to floor space index and fire precautions. i. Railways ii. National Highways, iii. National Waterways iv. Major Ports, v. Aerodromes and Airports vi. Post and Telegraphs, Telephones, Television, Wireless, Broadcasting authorities and the authorities of other similar forms of communications, vii. Regional grids, towers, gantries, switchyards, contact rooms for distribution etc. of electricity,

viii. Defense Authorities, ix. Any other essential public service as may be notified by the State Government. All such constructions shall, however, conform to the prescribed requirements for the provision of essential services, water supply connections, drains etc. to the satisfaction of the Municipal Commissioner. 24 4.3 Operational Constructions excluded: The following constructions for operational purposes of the organizations, authorities or departments listed above are exempted from the purview of these Regulations except those relating to floor space index and fire precautions. i Repairs and renovations of existing installations or building used for operational purposes only which do not involve addition to or increase of built up area. ii In the case of the Railways ---(a) Repairs and renovation of existing railway tracks, including culverts, over-bridges, under passes or bridges, tunnels and side drains. (b) Platforms, goods sheds and offices, parcel offices, sub stations, footover bridges, turn tables, lifting towers, gantries, signal and signal boxes or control cabins in pump yards, (c) Running (loco) sheds, carriage and wagon depots, carriage washing places, over head or ground level water tanks, pipelines and pumping stations, running rooms, train examiners offices, yard depots, permanent way inspectors and signal inspectors store in railway yards and all over head electric equipment for traction.

iii Store sheds, when ancillary to operational requirement only. Provided that, for the construction of new building, goods stores, sheds or platforms, parcel offices and workshops or for purposes of major remodeling the approval of the Municipal Commissioner shall be necessary.

Further provided that, the following constructions by the organizations, authorities or departments listed in sub regulation (4.2) herein shall not be deemed to be operational for the purposes of exemption under the said Regulations, namely. 25 a. Residential building, commercial building, office building and industrial building (other than gate lodges, essential operational staff quarters and the like), roads and drains, hospitals, clubs, institutes and schools in residential, commercial or industrial areas of the colonies of such organizations, authorities or departments. b. Construction, installation or any extension of any building in the case of any service other than those mentioned in this Regulations. 4.4 Validity of development permission: If development permission has been issued before the date of commencement of these Regulations, but the development is not started within a year from the date of such permission, the said development permission shall be deemed to have lapsed. 4.5 Applicability to partially completed works: for partially completed works, started with due permission before these Regulations have come into force, the Municipal Commissioner may not for reasons to be recorded in writing necessarily insist on compliance with the provisions of these Regulations for extending the

period of the development permission, which shall not exceed than specified in Section 48 of the Maharashtra Regional and Town Planning Act, 1966. 4.6 Development and constructions- Except as herein after otherwise provided, these Regulations shall apply to all development, redevelopment, erection and/or re-erection of building, change of user etc. as well as to the design, construction or reconstruction of, and additions and alterations to a building. 4.7 Part Construction: where the whole or part of a building is demolished or altered or reconstructed/removed, except where otherwise specifically stipulated, these Regulations will apply only to the extent of the work involved. 4.8 Change of Occupancy Use: Where the occupancy use of a building is changed, except where otherwise specifically stipulated, these Regulations will apply for all parts of the building affected by the change. 26 4.9 Re-Constructions: The construction in whole or part of a building which has ceased to exist due to an accidental fire, natural collapse or demolition, having been declared unsafe, or which is likely to be demolished by or under an order of the Corporation or the CIDCO and for which the necessary certificate has been given by either the said Corporations or the CIDCO shall be allowed subject to the Regulation in Appendix - VI 4.10 Exclusions: Nothing in these regulations shall require the removal, alteration or abandonment or prevent the continuance of the lawfully established use or occupancy of an existing building or its use, unless, in the opinion of the Municipal Commissioner, such a building is unsafe or constitutes a hazard to the safety of adjacent property. 5 INTERPRETATIONS:

In these regulations, the use of the present tense includes the future tense, the masculine gender includes the feminine and the nature, the singular includes the plural and the plural includes the singular. The word Person includes a Corporation and Signature includes thumb impression made by a person who cannot write if his name is written near to such thumb impression. 6 PROCEDURE FOR OBTAINING DEVELOPMENT PERMISSION IN THE FORM OF COMMENCEMENT CERTIFICATE: 6.1 Notice of Intention: Every person who intends to carry out any development on any land or alter any building or part of the building shall make an application in writing to the Municipal Commissioner of his intention in the Form - I and such application shall be accompanied by plans and statements with sufficient number of copies, as required by sub regulations 6.2 to 6.4 hereunder. The plans may be ordinary prints. One set of such plans shall be retained in the office of the Municipal Commissioner for record after the issue of permission or refusal. 6.2 Copies of plans and statements: 27 6.2.1 Notice: The application referred to in sub- regulation (6.1) shall be accompanied by as many copies of plans as the Municipal Commissioner may prescribe after taking into consideration the clearances required from other agencies. 6.2.2 Size: The plans referred to in (6.2) above shall be on drawing sheets of any of the sizes specified in table below TABLE: 1 Sr. No Designation Trimmed Sizes (mm) 1 2

3 4 5 6 A0 A1 A2 A3 A4 A5 840 X 1190 590 X 840 420 X 590 300 X 420 210 X 300 140 X 210 6.2.3 Colouring Notations for Plans: The plans shall be coloured as specified in Table 2 hereunder. The prints of the plans shall be one side of the paper only.

TABLE-2 Sr. No Site Plan Site Plan Building Plan 1 2 3 4

5 6 7 8 9 Plot Line Existing Street Future Street, if any Permissible Building Lines Open Spaces Existing Work Work Proposed to be Demolished Proposed work Drainage & Sewerage Work Thick Black Green Green Dotted Thick Dotted No Colour Blue Yellow Hatched Red Red Dotted Thick Black Green

Green Dotted Thick Dotted No Colour Blue Yellow Hatched Red Red Dotted Black Dotted 28 10 11 12 13 14 Water Supply work Deviations Recreation Ground Roads and Set Backs Reservation Black Dotted Thin Red Hatched Green wash Burnt Sienna Appropriate colour Code

Thin Red hatched Green Wash Burnt Sienna Appropriate colour Code Note: Existing work to be hatched black. For land development/sub division/site layout suitable colouring notations shall be used duly indexed. 6.3 Information accompanying notice: 6.3.1 (i) Key plan, site plan etc. to accompany notice: The notice shall be accompanied by the Key plan (Location Plan), a site plan, sub-division/Lay out plan, building plan, specifications and certificate of supervision, ownership, title etc. as prescribed in clauses 6.3.1(ii) to 6.3.16 below: (ii) Ownership Title & Area: Every application for development permission and commencement certificate shall be accompanied by the following documents for verifying the ownership and area etc. of the land. a. Attested copy of original Sale/Lease deed/power of attorney/enabling ownership documents wherever applicable. b. Property register card of a date not earlier than twelve months of the date of submission of the development proposal. c. Statement of the area of the holding by triangulation method from the qualified licensed technical personnel or architect with an affidavit from the owner in regard to the area in the form prescribed by the Municipal Commissioner. d. Any other documents prescribed by the Municipal Commissioner

In the case of land leased by the Govt. / CIDCO. or local authorities clearance of Govt. or such authorities, regarding observance of the 29 lease conditions shall be obtained and attached to the application for development permission in respect of such land. 6.3.2 Key Plan or Location Plan: A key plan drawn to a scale of not less than 1:10000 shall be submitted along with the application in Form-I for development permission and commencement certificate showing the boundary location of the site with respect to neighborhood land-marks. 6.3.3 Site Plan: The site plan sent with an application for permission drawn to a scale of 1:500 shall be duly authenticated by the appropriate officer of the Department of Land Records and or CIDCO showing: a. The boundaries of the site and of any contiguous land belonging to the owner of the site; b. The position of plot in relation to neighboring street ; c. The names of the street on which the building is proposed to be situated, if any; d. All the existing buildings contained in the site with their names (where the buildings are given name) and their numbers; e. The position of the building and of all other buildings, if any, which the applicant intends to erect upon his contiguous land referred to in (a) above in relation toi. The boundaries of the site and, in case where the site has been partitioned the boundaries of the portion owned by the others;

ii All adjacent streets, building (with number or storeys and height) and premises within a distance of 12 meter of the work site and of the contiguous land (if any) referred to in (a) ; and iii If there is no street within a distance of 12 meter of the site, the

nearest existing street with its name; 30 f. The mean of access from the street to the building and to all other buildings (if any) which the applicant intends to erect upon his contiguous land referred to in (a) above; g. The space to be left around the building/buildings to secure free circulation of air, admission of light and access for scavenging purposes. h. The width of the street in front and of the street (if any) at the side or rear of the building. i. The direction of north line relative to the plan of the buildings. j. Any existing physical features such as trees, wells, tanks & drains, etc. k. The ground area of the whole property and the break up of the covered area on each floor with the calculations for percentage covered in each floor in terms of the total area of the plot as required by the Regulations 3.58 and 3.68 governing the coverage of the area. l. Overhead electric supply line including space for electrical transforming sub station according to the requirements of the electric distribution licenses, water supply and drainage line, m. Such other particulars as may be prescribed by the Municipal Commissioner.

6.3.4 Amalgamation: In case of the properties comprising of two or more different holdings belonging to the same owners, the plans for amalgamation of the holdings shall be got approved from the Corporation. In case of leasehold lands, no objection from the concerned lessor shall be obtained. Amalgamation may be permitted if, 1) More than one holding is of the same owner, 2) The user of the individual holding is same subject to condition that F.S.I of individual plot shall be considered while calculating F.S.I after amalgamation, 3 Deleted 6.3.5. Sub Division/Lay Out Plan: Where development is proposed for sub division or involves a lay out plan, the notice shall be accompanied by key plan showing the location of the plot in the ward at scale of not less than 1: 4000 and a sub division lay out plan to a scale of not less than 1:500, which shall be duly authenticated by the appropriate officer viz. Taluka Inspector of Land Records/Superintendent of land Records and or CIDCO containing the following: The regulations were modified and sanctioned on 21 07 - 2008 31 a. Scale used and the north line b. The location of all proposed and existing roads with their names, existing/proposed/prescribed width within the land, c. Dimensions of the plot along with the building lines showing the set-backs with dimensions within each plot, d. The location of drains, sewers, public facilities and services, electric line etc. e. A table indicating the size, area and use of all the plots in the sub division/lay out plan, f. A statement indicating the total area of the site, area utilized under roads,

open spaces for parks, play grounds, recreation spaces and development plan designations, reservations and allocations, schools, shopping and other public places along with their percentage with reference to the total area of the site. g. In case of plots, which are sub divided, in built up areas, in addition to the above, the means of access to the sub division from existing streets and in addition in the case of plots which are sub divided in built up areas, the means of access to each sub plot from existing streets. 6.3.6 Building plan: The plan of the building with elevation and sections accompanying the notice in quadruplicate shall be drawn to a scale of 1: 100 and shall: a. Include floor plans of all floors together with the covered area clearly indicating the size of the rooms, the position and width of the staircases, ramps, other exit ways, lift-wells, lift machine rooms and lift pit details, meter room and electric sub station. It shall also include the ground floor plan as well as the basement plan and shall indicate the details of parking 32 spaces, loading and unloading spaces, if required to be provided around and within the buildings, as also the access ways and appurtenant open spaces with projections in dotted lines the distance from any building existing on the plot in figured dimension along with the accessory building. b. Show the use or the occupancy of all parts of the building; c. Show the exact location of essential services, i.e. water closet (w.c), sink, bath, toilets along with necessary detailed calculations; d. Include sectional drawings showing clearly services, size of the footings,

thickness of basement wall, wall construction, size and spacing of framing members, floor slabs and roof slabs with their materials and overhead water tank & lift machine room. The section shall indicate the heights of the building and rooms and also the height of the parapet and the drainage and the slope of the roof. At least one section should be taken through the staircase. The structural plan giving details of all structural elements and materials used along with structural calculations can be submitted separately, but in any circumstances before the issue of the development permission/commencement certificate; e. Show relative levels of streets; f. Indicate the details of basket privy/served privy, if any; g. Give dimensions of the portions projecting beyond the permissible building line; h. Include a terrace plan indicating the drainage and the slope of the roof; i. Indicate the north line relative to the plans; j. Give a schedule of doors, windows and Light and ventilation; k. Building elevations from all streets; 33 l. Provide such other particulars as may be prescribed by the Municipal Commissioner; m. Lay out of parking spaces along with necessary calculations; n. All structural Drawing with all necessary calculation; 6.3.7 Provided that with the buildings plans for multi-storied/high rise or special building, the following additional information shall be furnished or indicated on the building plans.

a. Access to fire appliances/vehicles with details of vehicular turning circle and clear motorable access way around the building; b. Size (width) of main and alternative staircases along with the balcony

approach, corridor, ventilated lobby approach; c. Location and details of lift enclosures; d. Location and size of fire lift; e. Smoke stop, lobby door, wherever provided, f. Refuse chutes, refuses chamber, service duct etc; g. Vehicular, loading and unloading parking spaces; h. Fire refuge area on every eighth floor. i. Details of air conditioning system with position of fire dampers, mechanical ventilation system, electrical services (with dimensions of electrical transforming sub stations etc), boilers, gas pipes, meter rooms etc; j. Details of exits including ramps, etc. for hospitals and special risks; k. Location of generator, transformer and switchgear room; l. Smoke exhaust system, if any; m. Details of fire alarm system; n. Location of centralized control, connecting all fire alarms, built in fire protection arrangements and public address system etc. o. Location and dimension of static water storage tank and pump rooms along with fire service inlets for mobile pumps and water storage tanks, p. Location and details of fixed fire protection installation such as sprinklers, wet hose reels, drenchers carbon dioxide (CO2) installation etc. 34 q. Location and details of first aid and fire fighting equipments/installations

etc. r. Location and details of first aid and fire fighting equipments/installations 6.3.8 Service Plan: Plan and sectional elevations of private water supply, sewage disposal system and details of building services, whenever required by the Commissioner, shall be made available to a scale of not less than 1:100, before undertaking such works. 6.3.9 Specifications: General specifications of the proposed construction, giving the type and grade of material to be used in Form No. 5 of these regulations, signed by a licensed surveyor/Engineer/Structural Engineer/Supervisor or Architect as the case may be, shall accompany the notice. 6.3.10 Supervision Certificate: The notice shall be further accompanied by a certificate of supervision in the format of the Form No. 2 of these regulations signed, by the licensed surveyor/Engineer/ Structural Engineer, Supervisor or Architect as the case may be. If the said licensed technical person or Architect ceases to be employed for the development work, further development shall be suspended till a new licensed technical person or architect is appointed and his certificate of supervision along with a certificate for the previous work erected, if any, is accepted by the Municipal Commissioner. 6.3.11 Development Permission fee receipt: The notice shall be accompanied by an attested copy of the receipt of payment of the development permission application fee. 6.3.12 Security Deposit: To ensure compliance with these Regulations and the directions given in the sanctioned plan and other conditions, a security deposit, which may be in the form of an irrevocable bank guarantee, shall be charged at rates specified by the Municipal Commissioner. It shall be returned to the owner

one year after the issue of the full occupancy certificate after the Municipal Commissioner is satisfied with the compliance with various conditions stipulated in the said occupancy certificate. 35 6.3.13 Clearance Certificate for tax arrears: The notice shall also accompanied by an attested copy of a clearance certificate from the Assessment Department of the Corporation for payment of tax made up to date. 6.3.14 No Objection Certificate: For occupancies requiring clearance from authorities like the Civil Aviation Department, Directorate of Industries, Maharashtra Pollution Control Board, Ministry of Environment & Forest, Inspectorate of Boilers and Smoke Nuisances & Electrical Distribution Licenses regarding requirements of Electrical transforming stations, the no objection certificate from these authorities applicable to the occupancy shall also accompany the application. 6.3.15 Other facilities to be provided during Construction: The notice shall also be accompanied by an undertaking from the owner/developer/contractor to the effect that during the period of construction, facilities will be made available for day care center, crche, adult literacy and non formal education programme for the construction workers, directly by him or through a voluntary agency. 6.3.16 Landscape plan (in quadruplicate) to a scale 1: 250 showing various landscape features such as trees, hedges, paved areas etc. The Plan shall show, in particular, the type and number of existing trees, the trees to be felled, the trees to be transplanted and the proposal for planting of new trees. 6.3.17 No Objection Certificate from CIDCO: N.O.C. of CIDCO being lessor of the land for additional F.S.I., change of user, mixed user, amalgamation, redevelopment etc. shall also accompany the application.

6.4 Signing of plans by owners and licensed personnel/Architect: i. Signing of plans: All plans shall be signed by the owner and the licensed surveyor/Engineer/Structural Engineer, Supervisor or Architect as the case may be and shall indicate their names in block capital letters, addresses, contact Nos, if any, and license numbers when so licenses allotted by the Municipal Commissioner. 36 7. RESPONSIBILITIES OF THE APPLICANT 7.1 Nei t her the grant of Commencement Cer t i f icat e nor the approval of the drawing and specifications nor inspections made by the Corporation during carrying out of development shall in any way relieve the applicant of his responsibility for carrying out the development in accordance with the requirements of these regulations. 7.2 The applicant shall: a. P e r m i t a u t h o r i z e d o f f i c e r s o f t h e C o r p o r a t i o n t o e n t e r t h e p l o t for which the Commencement Certificate has been granted for carrying out development, at any reasonable time for the purpose of enforcing these regulations. b. Obtain, where applicable, from the Corporation permission relating to building, zoning, grades, sewers, water mains, plumbing, signs, blasting, street occupancy, electricity, highways and all other permits required in connect ion wi th t he car ry ing out the development. c. Give at least 7 days' notice to the Corporation of the intention to commence the carrying out of development. (Form No.8) d. In case of building operations, give notice to the Corporation on completion

upto plinth level and 7 days before the commencement of further work. (Form No. 9) e. Give written notice to the Corporation regarding completion of the development in Form No.11 duly signed by the Licensed Architect. f. Obtain occupancy certificate from the Corporation prior to any occupancy or use of the development so completed. (Form No.19). g. Keep available for inspection, during carrying out of development and for such a period thereafter as required by the Corporation, the records of 37 the tests which are made of any materials to ensure conformity with the requirements of these regulations. h. Obtain Revised Permission for any change in the earlier approved plan from

the Corporation. Any deviation from the sanctioned plan may be treated as unauthorized development. i. Keep pasted in a conspicuous place on the property in respect of which the

permission to develop is granted, a copy of the Commencement Certificate. j Keep a copy of the approved plans of the premises during carrying out of

development. 8. R E G I S T R A T I O N O F L I C E N S E D S T R U C T U R A L ENGINEERS AND PLUMBERS & THEIR RESPONSIBILITIES. 8.1 The Corporation shall license Structural Engineers and Plumbers. Application for registration as Licensed Structural Engineer and Licensed Plumbers shall be in form No.20 to 21. 8.2 Qualification for Registration:

Following qualification shall be necessary for obtaining the license from the Corporation for practicing in Navi Mumbai a. Deleted b. The minimum qualification for registration of licensed structural engineer, shall be graduate in Civil Engineering or equivalent with 5 years' experience in structural design (in case of persons holding post graduate qualification experience will be relaxed by 2 years). c. The minimum qualification for registration as Licensed Plumber shall be a Graduate in Civil Engineering or equivalent or Diploma in Civil Engineering or a certificate from the Bombay Municipal Corporation enabling the person to practice as a licentiate plumber in the Bombay Municipal Corporation 38 Area, or any other certificate in Sanitary Engineering and Plumbing from any recognized institute. The annual license fee for registration as Licensed Structural Engineers / Plumbers shall be Rs.250/- per calendar year or part thereof. The fee shall be payable in advance and shall be non-refundable. 8.3 Plans And Specifications To be Prepared by Registered Architect 8.3.1 The plans and specifications referred to in 6.2 to 6.4 above shall be prepared and duly signed by the Architects registered with Council of Architecture. However, if the development is proposed in the scheme for allotment of plots of land to the project affected land holders in the defined area contiguous to the villages and if the development proposed is only ground floor structure without the structural use of RCC, the prescribed application form, the declaration and the plan may not be signed by the registered Architect. In such cases, the applicant shall submit under his signature the prescribed application form, the declaration, plans of the

proposed development, building completion certificate and any other documents required for receiving necessary development permission from Navi Mumbai Municipal Corporation as being Planning Authority 8.3.2 The plan showing structural details shall be prepared and duly signed by the Registered Structural Engineer. i. The plans showing structural details shall be prepared & duly certified under the hand of Structural Engineer possessing requisite qualification as per Regulation No 8.2. ii. In respect of structural stability of each development work, each owner shall

notify the name & address of the registered Structural Engineer in the form No. 3 of this regulation, the Structural Engineer shall convey his acceptance as per form No. 4 enclosed. The structural engineer shall submit form of supervision as per form No.5 enclosed, and on completion of the development, the structural engineer shall issue a certificate of stability of the structure, as per form No.13 enclosed and certificate of earthquake stability of the structure, as per Form No.14 enclosed. 8.3.3 The plans showing plumbing arrangements shall be prepared and duly signed by the Registered Plumber. 39 8.3.4 The procedure for Registration of Structural Engineers and Plumbers shall be as laid down in regulations No. 8 and as per the prescribed Form No. 20 to 21 of these regulations. 8.4 Processing of the development permission application: i) Grant of permission or refusal: The Municipal Commissioner may either sanction or refuse to sanction the plans and specifications or may sanction

them with such modifications or directions as he may deem necessary and thereupon, he shall communicate his decision to the person giving the notice accordingly in the form No. 6 & No. 7 of these regulation. ii) Fire Brigade scrutiny: The plans of multi-storied, high rise which are more than 15 M height and special buildings like educational, assembly, institutional, industrial, storage and hazardous and mixed occupancies with any of the aforesaid occupancies having area more than 150 sq.mt. shall also be subject to the scrutiny of the Chief Fire Officer and development permission shall be given by the Municipal Commissioner only after the clearance by the Chief Fire Officer. iii) Deemed Permission: If within sixty days of the receipt of the notice under Regulation (6.1) the Municipal Commissioner fails to intimate in writing to the person who has given the notice his refusal or sanction with modifications or directions, the notice with its plans and statements shall be deemed to have been sanctioned, provided that this shall not be construed to authorise any person to do anything on the site of the work in contravention of or against the terms of lease or titles of the land development plan, these regulations or any law in force. iv) Revised Plan: Once the plans have been scrutinized and objections have been pointed out, the owner giving notice shall modify the plans to comply with the objections raised and resubmit them. The plan submitted for final approval shall not contain superimposed corrections. The Municipal Commissioner shall scrutinize the revised plans and shall grant or refuse 40 commencement certificate/development permission within 60 days from the

date of re-submission. 8.5 Commencement of work: A commencement certificate / development permission shall remain valid for one year and shall have to be renewed before the expiry of one year from the date of its issue. The application for renewal shall be made before expiry of one year, if the work has not already commenced. Such renewal can be done for three consecutive terms of one year each, after which proposals shall have to be submitted to obtain development permission afresh. For the purpose of this Regulation, Commencement shall mean as under a) For a building including addition: and alteration. Up to Plinth level for each of the

building proposed within the land / plot.

b) For bridges and overhead tanks: work up to the base floor. c) For underground areas:

Foundation and construction

Foundation and construction of

underground floor. d) For lay out, sub Division and amalgamation proposal services uptown the following i. Road: Water bound macadam stages. complete ii. Sewerage, drainage and water supply excavation and base concreting complete. 8.6 Revocation of permission: i) In addition to the provisions of Section 51 of Maharashtra Regional and Final demarcation & provision of

Town Planning Act, 1966 the Municipal Commissioner may revoke any building permission issued under the provisions of the rules, wherever there has been any false statement or any misrepresentation of material fact in the application on which the building permission was based, and the whole work shall be treated as unauthorized. ii) In case of revocation of permission under sub regulation (1) above, no compensation would be payable. 41 9. PROCEDURE DURING CONSTRUCTIONS: 9.1 Construction to be in conformity with regulations, owners liability: Neither the grant of commencement certificate, nor the approval of the drawing and specifications, nor inspections made by the Corporation during the carrying out of development shall in any way relieve the applicant of such building from full responsibility for carrying out the development in accordance with the requirements of these regulations. 9.2 Installation of display board at site: As soon as the development permission for new construction/redevelopment is obtained the owner/developer shall install a Display Board on the conspicuous place on site indicating following details. a. Name and address of the owner, developer, architect and contractor, b. Plot Number/Sector/Node Number of land under reference along with description of its boundaries and category of allotment, c. Order number and date of grant of development permission issued by the Navi Mumbai Municipal Corporation or by any other authority, d. F.S.I. Permitted/use permitted, e. Number of residential/Commercial flats with their areas,

f. Address where copies of detailed approved plans shall be for inspection. 9.3 Notice for start of work: The owner shall give notice to the Municipal Commissioner of his intention to start work on the building site in the form No. 8. The owner may start the work after 7 days have lapsed from the date of the service of such notice to the Municipal Commissioner or earlier, if so permitted. 9.4 Documents at Site: 1. Results of test where tests of any material made to ensure conformity with the requirements of these Regulations, records of the test data shall be kept available for inspection during the construction of the building and for such period thereafter as required by the Municipal Commissioner. 42 2. Development permission: The person to whom a development permission is issued shall during construction, keep a) A copy of the development permission issued by the Corporation for the said developments be pasted in a conspicuous place, on site. b) A copy of the approved drawing and specifications referred to in Regulation 8.4 on the site for which the permit was issued. 9.5 Checking of plinth columns up to plinth level: The owner through his licensed Surveyor/Engineer, Structural Engineer or Supervisor or his Architect shall give notice in the form No. 9 to the Municipal Commissioner on completion of work up to plinth level to enable the Municipal Commissioner to ensure that the work conforms to the sanctioned plan. The Commissioner may inspect the work jointly with the licensed technical personnel or architect within fifteen days from the receipt of such notice and either give or refuse permission for further construction as per the sanctioned plans in the form No.- 10. If within this period the permission

is not refused, it shall be deemed to have been given provided the work is carried out in accordance to the sanctioned plans. 9.6 Deviation during Construction: If during the construction of a building, any departure of a substantial nature from the sanctioned plans intended by way of internal or external additions fresh sanction of the Municipal Commissioner shall be necessary. A revised plan showing the deviations shall be submitted and the procedure laid down for the original plans hereto before shall apply to all such amended plan. Any work done in contravention of the sanctioned plans, without prior approval of the Municipal Commissioner, shall be deemed as unauthorized. 9.7 Completion Certificate: The owner, through his licensed plumber shall furnish a drainage completion certificate to the Municipal Commissioner in the form No.-15. The owner through his licensed surveyor or Engineer/Structural Engineer/Supervisor or his Architect, who has supervised the construction, shall furnish a building completion certificate to the Commissioner in the form No.12. 43 These certificates shall be accompanied by four sets of plans of the completed development. The Commissioner shall inspect the work and after satisfying himself that there is no deviation from the approved plans, issue a certificate of acceptance of the completion of the work in the form No.16. 9.8 Occupancy Certificate: On receipt of the acceptance of completion certificate in the form No.16, the owner, through his licensed surveyor /Engineer/Structural Engineer/Supervisor or his architect shall submit to the Municipal Commissioner a development completion certificate in the form No.12 with four copies of the completion plan, one of which shall be cloth mounted for record. The Municipal Commissioner may inspect the work and after satisfying himself that there is no

deviation from the sanctioned plans, issue an occupancy certificate in the form No.-19 or refuse to sanction the occupancy certificate in the Form No.17 within 30 days from the date of receipt of the said completion certificate, failing which the work shall be deemed to have been approved for occupation, provided the construction conforms to the sanctioned plans. One set of plans, certified by the Municipal Commissioner as the completed plans, shall be returned to the owner along with the occupancy certificate. Where the occupancy certificates is refused or rejected, the reasons for refusal or rejection shall be given in intimation of the rejection or refusal. 9.9 Part occupancy Certificate: When requested by the holder of the development permission the Municipal Commissioner may issue a part occupancy certificate for a building or part thereof, before completion of the entire work, as per the development permission, provided sufficient precautionary measures are taken by the holder to ensure public safety and health, The occupancy certificate shall be subject to the owners indemnifying the Municipal Commissioners in the form No.18. 9.10 The work of construction of a building more than 15 m height shall be subject to inspection also of fire-officers NMMC and unless a clearance regarding completion 44 of the work from the Fire Protection point of view is given by him, no occupation certificate shall be issued in respect of such building. 10. AMENDMENT / MODIFICATION TO APPENDICES & FORMS 10.1 Except where the same are prescribed in Bombay Provincial Municipal Corporation Act, 1949 or Maharashtra Regional and town Planning Act, 1966 or the rules or bye laws framed thereunder the Municipal Commissioner may, from, time to

time, add to, alter or amend Appendixes- I to IX and Forms No.1 to 21 and all Annexures of these regulation. 11 INSPECTION 11.1 Inspection at various stages: The Municipal Commissioner may at any time during erection of a building or the execution of any work or development, make an inspection thereof without giving previous notice of his intention to do so. 11.2 Inspection by fire Department: In case of all multi storied, high-rise and special buildings the work shall also be subject to inspection by the Chief Fire Office. The occupancy certificate can be issued by the Municipal Commissioner only after obtaining clearance certificate from the said Chief Fire Officer for the said building. 11.3 Architectural Control For the buildings coming up in important areas or fronting on major roads or in the case of the important monumental buildings, the building schemes may be cleared by a special body separately set up from the architectural aesthetic points of view and the Authority shall have powers to frame suitable rules for ensuring the above. 11.4 Un-authorized Development / Liability for offences and penalties: In case of unauthorized development, the Municipal Commissioner shall: a. Take suitable action which may include demolition of unauthorized works as provided in section 52, 53 & 54 of the Maharashtra Regional and Town Planning Act, 1966 and the relevant provisions of section 267 of the Bombay Provincial Municipal Corporation Act, 1949. b. Take suitable action against the licensed technical person or the architect concerned. 45 12. UNSAFE BUILDING:

12.1 All unsafe building shall be considered to constitute a danger to public safety, hygiene and sanitation and shall be restored by repairs or demolished or dealt with as otherwise directed by the Municipal Commissioner. The provisions of section 264 of the B.P.M.C. Act shall apply for procedure of action to be taken by the Municipal Commissioner in respect of such buildings. 12.2 Examination of Unsafe Buildings: The Corporation shall examine or cause to be examined every building reported to be unsafe or damaged, and shall make a written record of such examination. 12.3 Notice to Owners / Occupier. Whenever the Corporation finds any Building or portion thereof to be unsafe, it shall, in accordance with established procedure for legal notice, give to the owner and occupier of such building written notices stating the defects thereof. This notice shall require the owner or the occupier within a period specified in the said notice either to complete the stated repairs or improvements or to demolish and remove the building or portion thereof. 12.4 The Corporation may direct in writing that the building, which in its opinion is dangerous or has no provision for exit, if the building catches fire, shall be vacated immediately or within the period specified for the purpose, provided that the Corporation shall keep a record of the reasons for such action. 12.5 Disregard of Notice: In case the owner or occupier fails, neglects or refuses to comply with the notice to repair or to demolish the said building or portion thereof, the Corporation shall cause the danger to be removed whether by demolition or repair of the building or portion thereof or otherwise. 12.6 Cause of Emergency: In cause of emergency, which in the opinion of the Corporation involves imminent danger to human life or health, the Corporation shall forthwith or with such notice as may be possible promptly cause such

building or portion thereof to be rendered safe or removed. For this purpose, the Corporation may atonce enter into such structure or land on which it stands, or abutting land or structure with such assistance and at such cost as may be deemed necessary. The Corporation may also get the adjacent structure vacated 46 and protect the public by an appropriate fence or such other means as may be necessary. The decision of the Corporation shall be final. 12.7 Costs: Costs incurred under sub Regulation Nos 12.5 & 12.6 above shall be charged to the owner of the premises involved. Such costs shall be charged on the premises in respect of which or for the benefit of which the same has been incurred and shall be recoverable from the owner/occupier concerned as arrears of Land Revenue. 13. CONFORMITY TO NATIONAL BUILDING CODE: Any aspects not covered in the byelaws or in particular the planning, design and construction of the building and its appurtenant services shall be done to the satisfaction of the Authority. The National Building Code of India, 1970 shall be the reference document for conformity regarding the various aspects. The latest version to the National Building Code shall be referred to at the time of enforcement of the byelaws. 14. DELEGATION OF POWERS AND DISCRETIONARY POWERS 14.1 Delegation of Powers: Any of the powers, duties or functions conferred or imposed upon or vested in the Municipal Commissioner by any of the foregoing regulations may be exercised, performed or discharged, under the Commissioners control and subject to his revision and to such conditions and limitations, if any, as he shall think fit to prescribe, by The Town Planning Officer,

when the Municipal Commissioner so generally or specially empowers in writing in this behalf, and in each of the said regulations wherever the word Municipal Commissioner appears shall mean and deemed to be the Town Planning officer so empowered. 14.2 Discretionary Powers: 14.2.1 In conformity with the intent and spirit of these regulations the Municipal Commissioner may: a. Decide on matters where it is alleged that there is an error in any order, requirement, decision, determination or interpretation made by him in the application of these rules. 47 b. Determine and establish the location of zonal boundaries in exceptional cases or in case of doubt or controversy. c. Interpret the provisions of these rules where the street layout actually on the ground varies from the street layout as shown on the Development plan. d. Modify the limit of a zone where the boundary line of the zone divides a plot and e. Authorize the erection of a building or use of premises for a public service undertaking for public utility purposes, only where he finds such an authorization is reasonably necessary for the public convenience and welfare, and even if it is not permitted in any land use classification. 14.2.2 In specific cases where a clearly demonstrable hardship is caused, the Municipal Commissioner after consulting Town Planning Officer, may by special written permission :Permit any of the dimensions/provisions prescribed by these rules to be

modified, provided that the relaxation sought for does not violate the health safety, fire safety, structural safety and public safety of the inhabitants of the buildings and neighborhood. However, no relaxation so far the minimum set back distance required from the road boundary & the FSI shall be granted under any circumstances. While granting permissions under regulation No. 8.4 conditions may be imposed on size, cost or duration of the structure, abrogation claim of compensation, payment of deposit and its forfeiture for non-compliance of payment of premium. 15. TEMPORARY CONSTRUCTION: 15.1 The Municipal Commissioner may grant permission for temporary construction for a period not exceeding six months at a time, in the aggregate not exceeding for a The regulations were modified and sanctioned on 21 07 2008 48 period of three years. Such a permission may be given by him for the construction of the following :i) Structures for protection from the rain or covering of the terraces during the monsoon only; ii) Pandals for fairs, ceremonies, religious function, etc.; iii) Structures for godowns/storage of construction materials within the site; iv) Temporary site offices and watchmen chowkies within the site only during the phase of construction of the main building; v) Structures for exhibitions/circus etc.; vi) Structures for storage of machinery, before installation, for factories in industrial lands within the site;

vii) Structures for ancillary works for quarrying operations in conforming zones; viii) MAFCO stalls, milk booths and telephone booths; ix) Transit accommodation for persons to be rehabilitated in a new construction; x) Structures for educational and medical facilities within the site of the proposed building during the phase of planning and constructing the said permanent buildings; Provided that temporary constructions for structures, etc. mentioned at (iii), (iv), (vi), (ix) and X may be permitted to be continued temporarily by the Commissioner but in any case not beyond completion of construction of the main structure or building, and that structure in (viii) may be continued on annual renewable basis by the Municipal Commissioner beyond a period of three years. 49 Provided that, in case of construction project on the land having area more than 1 hect., it is obligatory on the developer to construct temporary labour camp alongwith toilet facilities on his own land only, during the phase of construction. 15.2 i) While granting permission under sub-regulation (14.2.2) & (15.1)

conditions may be imposed on size, cost or duration of the structure, abrogation of claim of compensation, payment of deposit and its forfeiture for non-compliance and payment of premium. ii) The premium at the rate decided by the Municipal Commissioner shall be charged in following cases. a) Where any sort of relaxation is granted under the regulation

14.2.2, and b) Where additional benefit is accruable under these regulations over and above the provisions of the earlier sanctioned development permission and the development control regulations thereunder as amended from time to time. 92 PART V 37 REGULATIONS FOR GAOTHANS AND CONGESTED AREAS 37.1 Front Open Spaces- The minimum setback from existing or proposed road shall be as under: a) For streets 7.5 m to less than 12.0 in width ..1.0m. b) For streets 12.0 m. and above in width ..1.5m. c) For streets less than 7.5 m. in width no set-back shall be prescribed subject to condition that no lane shall be less than 4.5 m. in width clear of structural projections. For lanes less than 4.5 m. wide a set-back of 2.25 m. shall be prescribed from the Center line of such lane, Streets less than 4.5 m. wide shall be treated as lanes only when they serve as access to the properties fronting on them. Where such streets, despite their narrowness, form part of traffic circulation system, widening shall be proposed and normal set back mentioned above shall be applied. d) Structural projections such as balconies, cornices, weather sheds, roof projections etc, shall be allowed only in the setback distances prescribed above. Such projections will not be taken into consideration for calculation of built over area.

37.2 & 37.3 F.S.I of 1.30 for residential use and further 0.5 F.S.I for mixed user, if access road is more than 9.00mt wide. 37.4 Open spaces to be provided for the full Consumption of Built-up Area,- Normally the open spaces to be left at the sides and rear shall be to consume the built-up area permissible for the occupancy in the zone, provided that higher coverage that is required under these Bye-laws would be permissible in case of new The regulations were modified and sanctioned on 21/07/2008 93 construction on upper floor with ground floor already constructed. The Authority may permit smaller set-back and permit additional floor area to the limit of 10 sq.m. over & above the permissible built-up area with a view to avoid structural difficulties or great hardship, provided light and ventilation of adjoining buildings or part thereof not affected adversely. Permission may be granted for the construction of building for the following purpose only. a) b) c) Residential houses Dispensaries, medical or allied clinics Shops selling provisions of day-to-day requirements like vegetables,

toiletories, general provision stores, stationary etc. and not more than 15 Sq.m. in area. d) Small Scale Service Industries, Which do not create nuisance on account of

smoke, smell, dust, noise, glare or any other factor and having power, floor area and employment requirement of not more than 5 HP, 25 Sq.m. and 5 persons respectively, may be permitted in gaothan subject to a No Objection Certificate from concerned Ward Officer of Municipal Corporation.

37.5 The minimum dimension of the living room shall be 2.75 mtrs. 37.6 The minimum carpet area of a dwelling unit shall be 11 sq.m. Nahani may be permitted within the allowable carpet area of 11 Sq. mtrs, provided the remaining portion is at least 9.5 Sq.m. 37.7 In preparing building plans care shall be taken to provide the following, viz a) Windows space for light and ventilation equal to at least 1/8 th of the floor area of the room. b) Soak pits for drainage, water where there are no under ground drains. c) Soak pits and privies shall be at least 7.5 mtrs. away from private wells and 15 mtrs. away from the public wells. 37.8 No plot shall be sub-divided without the permission of the planning Authority. 94 37.9 In Gaothan area for Educational, Medical, religious land-use - FSI permissible is normally 1.00. But for the benefit of the community, with the prior approval of the Municipal Commissioner, the FSI specified may be permitted to be exceeded to maximum of 50% than permissible for buildings used for education, medical, religious purposes, subject to payment of premium as decided by the Government and without condonation in margin and parking. However, further 50% FSI may be exceeded if access road is more than 9.0 mt. 38. REGULATIONS FOR DEVELOPMENT OUTSIDE CONGESTED AREAS AND OUTSIDE GES SCHEMES. 38.1 (1) GCR (Ground Coverage Ratio), FSI (Floor Space Index), VPR (Volume to Plot Area Ratio).

38.1 (1a) The floor Space Index shall be in relation to the land use as defined by Regulation 3.77 and shall not exceed the following that is to say: Land Use Maximum Permissible FSI

A. Residential .FSI=1.00 B. Business or Mercantile or Residential use in Predominately Commercial Zone OR Business or Mercantile use wholly or in combination with the residential use in any other zone mentioned in Regulation, other than Regional Park Zone and No Development Zone, provided that, in case of combination, Business or mercantile use shall not be less than 10% of the admissible FSI. Provided further that the area of all such plots taken together in the zone from Node shall not exceed 15% of the area of the relevant zone from the Node, i. For plots of area below 1000 sqm. .FSI =1.00

ii. For plots of area 1000 sqm. and above & fronting on minimum 15 m. wide road. FSI= 1.50

Note: 1.) The benefit of this amendment mentioned at (ii) above may be extended to plots of land leased out or agreed to be leased out by CIDCO earlier with different (lower) FSI, in Zones other than predominantly Commercial Zone, 95 provided further that all other DCR provisions including parking are fully complied with. 2.) All plots leased by CIDCO with F.S.I. 1.50 and fronting on roads less than 15.00 m., if any, prior to the publication of the draft D.C.R. shall be

exempted from the 15.00 m. Road Width Criteria. BB. Starred category Residential Hotels in any zone other than RPZ, Woodland Corridor,

Marshalling Yard & Recreational Zone, .....FSI=1.5 Provided that with the previous approval of Government and subject to payment of such premium as may be fixed by Government and subject to such other conditions as it may specify, the FSI of maximum 2.00 may be permitted on independent plots and under one establishment as approved by the department of tourism subject to further that no condonation in the required marginal open spaces, parking spaces and any other requirements of D.C. rules except the height, shall be allowed in case of grant of such additional FSI. C. Educational, Medical, religious and social including land-use for the benefit of the community. FSI=1.00 However, with the previous approval of the Municipal Commissioner the FSI specified may be permitted to be exceeded to maximum of 100% than the permissible, for buildings used for Educational and Medical purposes only D. Industrial - a. Service Industry FSI=0.50 b. Other Industrial Development. FSI=1.00 ADDITIONAL FSI TO BIOTECHNOLOGY UNIT - The Municipal Commissioner may permit additional FSI to be exceeded by 100% in respect of buildings in independent plots of Biotechnology establishment set up by Public Bodies like MHADA, SEEPZ, MIDC, SICOM, CIDCO or their joint venture companies having more than 51% stake of these bodies or lessees of the public bodies having plots exclusively used for Biotechnology units, subject to terms and conditions as may be specified. Provided that, such additional FSI is allowed in respect of any Biotechnology unit as aforesaid, with due considerations to the other provisions laid

96 down under DCRs, and also subject to payment of premium as may be determined by the Government from time to time. E. Assembly (such as Drama Theatres, Cinema Theatres, Meeting Halls and other places of Congregation) in all zones except RPZ (Regional Park Zone) ................................................. FSI=1.00

EE. Assembly (such as Drama Theatres, Cinema Theatres, Meeting Halls and other places of Congregation) in RPZ. ........................... As per the Appendix No. IX.

F. If the intended development is within the scheme for allotment of land to the project affected land holders in the defined area contiguous to the villages or within the scheme of allotment of 12.5% land to the project affected land holders 15% of such F.S.I. may be utilized for commercial area and FSI permissible shall be FSI=1.50 G. Other Uses in Regional Park Zone: Appendix No. IX H. Information Technology Land use is permitted in any land use zone other than

Regional Park Zone and the maximum permissible FSI in the respective zone will be applicable. Provided that, the Corporation may permit an addl. FSI, in the Navi Mumbai Municipal Corporation area, to the extent of 100% over and above the FSI to the plots sold exclusively for I.T. / I.T.E.S. development, at an additional premium in accordance with the regulation No. 46.1 (A) 38.1 (1b) The GCR of the following land uses shall not exceed 0.5; unless otherwise specified in Special Development Control Regulations.

8. Industrial, 9. Storage. 38.1 (1c) The VPR for the following land use shall not exceed 4 M. 9. Storage.

97 38.1 (1d) The VPR for the following land use shall not exceed 2 M: 9. Storage land use within the area exclusively earmarked for Service Industry and allied land uses as stated in sub regulation hereunder. 1. Predominantly Residential Zone and 2. Predominantly Commercial Zone, 3. No Development Zone. 38.1 (1e) If the area of plot under development for Residential Land use is 1000 Sqm. or above, the tenement densities shall be as follows: (i) For dwelling units with built-up area of more than 30 sq.m. The minimum and maximum densities on the net plot area shall be 100 tenements per hectare and 300 tenements per hectare respectively. (ii) For dwelling units with built-up area upto 30 sq.mtrs; the maximum density shall be 550 tenements per hectare of the net plot area. (iii) If the area of plot under development is within the scheme for allotment of land to the project affected land holders in the defined area contiguous to the villages or within the scheme of allotment of 12.5% land to the project affected land holders, the maximum density shall be 550 tenaments per hectre of the net plot area, irrespective of the size of dwelling unit.

38.1 (1f) The volume of plinth shall not be considered in the calculation of volume of building provided further that in case of building permitted for land use of storage, the height of the plinth shall not be less than lorry loading height. 38.1 (g) Permissible F.S.I. for Bus Depot, Bus Terminal, Truck Terminal, Parking lots & Electric sub Station and such other public utility plots shall be 1.00. 39. Fitness Center:

In every residential building, constructed or proposed to be constructed for the use 98 of a Co-operative Housing Society or an Apartment Owners Association, a fitness centre will be permitted subject to following conditions. (i) The area of such centre shall be equivalent to 2 (two) percent of the total area of the building, however, it shall not be less than 20 sq. mt. and not more than 200 sq. mt. (ii) The centre shall not be used for any purpose other than for fitness centre & gymnasium activities. (iii) The fitness centre activities shall be confined to the members of the concerned housing society only. (iv) The benefits of this provision shall be applicable prospectively and it shall not be extended for the purpose of regularisation of already built up structures constructed without permission. (v) The ownership of the structure for Fitness Centre shall vest with the concerned society or association. 40. EXCLUSION FROM FSI COMPUTAION The following shall not be counted towards computation of floor space index. a) A basement as provided in Regulation 42.4 (t) or cellar and area under a

building constructed on stilts up to two levels used as a parking space or recreation space, store room, air conditioning plant room. (i.e. ancillary use to principal user). Area of Multifloor Parking with three side open and upto 2.40 mt floor height after leaving the required marginal distances, b) Electric cabin or sub-stations, Watchmens Booth with maximum area of 1.6 sq.mt. and minimum width or diameter of 1.2 m. and Pump House with maximum area of 10.00 sq.mt. and minimum width or diameter of 3.00 m. c) Areas covered by staircases (but excluding internal steps, staircases & passages), lift and lift passages, against payment of premium as per land rates decided by the Municipal Commissioner from time to time.

The regulations were modified and sanctioned on 21/07/2008 99 d) A Rockery, well and Well structures, plant nursery, water pool, swimming pool (if uncovered), and area of fire escape stairways and cantilever fire escape passages and refuge area for buildings more than 24m. in height according to fire officers requirement, overhead water tank on top of buildings. e) Balconies (As per the provisions of regulations No. 42.4(e). f) Association/ Society office cum letter box room in Residential & Shopping cum Residential as per the following norms: Size of Society / Association Office: No. of Tenements Permissible built up area for office 1. Tenements upto 16 20 sq.m. 2. Tenements more than 16 & upto 150 25 sq.m.

3. Tenements beyond 150 30 sq.m. Note : The built- up areas mentioned above are inclusive of toilet facility. g. Any covered antenna/ dish antenna / communication tower used for telecom or ITE purposes. Any covered antenna/ dish antenna/ communication tower will be allowed to be erected free of FSI if used for Telecom (basic cellular or satellite telephone) or ITE purposes, which shall include equipment relating to earth station, LOKRE-Sat, Routes, Transponders and similar IT related structures or equipment. h. Areas of structures permitted in recreational open space under clause of subregulation (2) of Regulation No. - 27 i. Areas covered by features permitted in open spaces as listed in Regulation 43.5 a. Area of the sanitary block(s) consisting of a bathroom and water closet for each wing of each floor of a building, of prescribed dimensions deriving access from a common passage as provided in sub-regulation (a), (b) & (c) of Regulation 42.3 for the use of domestic servants engaged in the premises. 100 b. Area covered by--i. Lofts ii. Meter rooms iii. Porches / Canopies iv. Podiums v. Air-conditioning plant rooms. vi. Service floor of height not exceeding 1.5 m. below beam with the special permission of the Municipal Commissioner.

c. Area of fitness centre, including toilet facilities in an existing or proposed co-op. Housing society or the apartment owner Association in accordance with the provision under Regulation No. - 39 d. Any semi-permanent structure upto 20 sqm of built up area for installation of telephone connectors / concentrators in case of applicants who would provide suitable proof of being authorized by the Department of Telecommunications, Govt. of India, for setting up of cellular mobile telecommunication systems. e. Area of Cupboards in accordance with provision specified under regulations No. 42.4 (l). Any additional area beyond the prescribed limit in the regulation No. 42.4 (l) shall be included in computation of F.S.I. f. Area of Projected (Pocket) terraces: In accordance with the provision of regulation No. 43.5(ii) g. Area of Flowerbeds with minimum and maximum sunk slab of 30 cm and 50 cm respectively , below floor level and the width of flowerbed shall be maximum of 0.60 m. However, the length of the Flowerbed shall not exceed the length of openings such as door and windows provided further that two flowerbeds will be allowed per tenement. More than the above stated area of such flowerbed shall be computed into F.S.I. Notes : i. Above provision of (e) Cupboards, (f) Pocket Terraces and

(g) Flowerbeds shall apply to all land uses except industrial & service industrial uses, without prejudice to the provision under these regulations. ii. The above elements viz. flowerbed, cupboards and pocket terraces shall carry the same meaning as defined in the national building code (NBC) 101

and be permitted upon payment of additional premium as may be determined by the corporation from time to time.

41. Premium not chargeable Premium will not be charged for: i) Area covered by staircase, lift and lift passage on the stilt floors, basement, service floors, Refuse areas, and such areas and floors excluded from FSI Computation. ii) Staircase room and lift and lift machine room on the terrace floor. Notes. a) Staircase, lift and lift passage area calculations should be inclusive of wall thickness subject to that the said walls are not common with the habitable rooms. b) For lift lobby area calculations the length of lobby should be equal to width of the lift including walls of the lift and its width should not exceed depth of the lift. REQUIREMENTS OF PARTS OF BUILDING 42. ROOM SIZES: 42.1 For the Residential Land Use the sizes of rooms shall not be less than those stipulated below: a. One Room Dwelling units:

i) The carpet area of a one room dwelling unit shall not be less than 9.5 sq.m. A nahani admeasuring 0.9 m x 0.9 m. may be provided in addition to the minimum carpet area. ii) If the one room dwelling unit includes a WC or bathroom, their sizes shall be as per regulation 42.3 (a), (b) & (c)

 The regulations were modified and sanctioned on 21/07/2008 102 iii) If WCs and bathrooms are to be provided in common, they shall be governed by the following provisions. One WC and Bathroom shall be provided for every four dwelling units or part thereof. One general washing place of area not less than 2.25 Sq.mt. shall be provided for every four dwelling units, or part thereof. All these facilities shall be available on the same floor on which the dwelling units are located. b. Dwelling units with two or more rooms.

i) The total carpet area of a two room dwelling unit shall not be less than 20 sq.mt. ii) The total carpet area shall be apportioned as living room and kitchen in such a way that the carpet area of the living room shall not be less than 10.5 sq.mt. and the carpet area of the kitchen shall not be less than 4.5 sq.mt. iii) The dimension of the living room shall not be less than 2.4 M and that of the kitchen shall not be less than 1.7 M. iv) The carpet area of any other room, provided in addition to the living room and kitchen shall not be less than 7.5 sq.mt. and the dimensions of such room shall not be less than 2.4 M. 42.2 The carpet area of room in buildings for all the other land uses shall not be less

than 7.5 sq.mt. and the dimensions of such room shall not be less than 2.4.M. 42.3 The minimum sizes of bathrooms and the WCs shall be as follows, for buildings

of all land uses: 103 a. Bathroom: The internal dimensions of a bathroom shall not be less than 1.20M x 1.20 M. b. Water Closet (WC): The inter nal dimens ions of WC shal l no t be less than 0.90 M x 1.20 M. c. Combined Toilet: The internal dimensions of a combined bathroom and WC shall not be less than 1.2 M x 2.1M. 42.4 Room sizes for other than Residential use and parts of Building. a. Shop size: The internal dimensions of a shop shall not be less than 2 mtrs. and area should be minimum 6 sq. mtrs. b. Class room size: In a educational building no classroom shall admeasure less than 38 sq. mtrs. with a minimum dimensions of 5.5 mtrs. c. Office size: The internal dimensions of an office shall not be less than 3 mtrs. and area should be minimum 9.5 sq. mtrs. 42.4 Height of Room:

42.4 (a) i) The height of a room in any building shall not be less than 2.6 M. ii) Wherever the height of a room in any building shall be 4.27 M or more, the FSI of such a room shall be calculated at 1.50 times its area. Provided that, nothing contained herein shall apply to a room intended to be applied to assembly land use, industrial land use and storage land use as defined in clauses 5, 8 and 9 respectively of Sub-Regulation 3 of Regulation 16. iii) In case of plots earmarked for residential Bungalow, semidetached or Row Houses, depending upon the size of the plot and with a p r i o r wr i t t e n permission of the Municipal Commissioner, floor area up

to 30% of the plot area, may be allowed to have clear internal height of more than 4.27 m., without counting the same twice for computation of F.S.I. 104 iv) In case of Assembly halls, Residential hotels of 3 star category and above, institutional, educational, industrial, hazardous or storage occupancies, departmental stores, including entrance halls and lobbies of all the aforesaid categories, the maximum permissible height shall be 7.2 m. v) For Commercial Land use, double height up to 50 sq. m. carpet area shall be permissible for each plot. 42.4 (b) The height of bathrooms, WCs and Store Rooms in buildings of all land uses shall not be less than 2.20 m. 42.4 (c) Height of Room for I.T / I.T.E.S.

Any telemetric equipment storage erection facility can have a height as required for effective functioning of that structure. 42.4 (d) Lofts and Mezzanines:

The following regulations shall apply to buildings of all the Land uses: a) A loft shall be permitted only on one of the walls of the room. The minimum height below the loft shall be 2.10 M. and that above it shall not be more than 1.5m. If it exceeds 1.5 m. the area of loft shall be counted towards F.S.I. calculations. b) Loft may be provided over kitchen, habitable rooms, bathrooms, water closets and corridor within a tenement in residential buildings, over shops, and in industrial buildings, subject to the following restriction.

Sr. No. Rooms over which permitted Coverage (percentage to area of room below) 1. Kitchen/ Habitable room 25 2. Bathroom, water closet, corridor 100 3. Shop 33 4. Industrial 33 105 c) A mezzanine floor shall be permitted within a room provided that the carpet area of such room is not less than 27 sq.m. and the area of the mezzanine floor does not exceed 30% of the carpet area of the room in which it is located. The height above and below the mezzanine floor shall not be less than 2.4 M and 2.6 M respectively. The area of mezzanine floor shall be counted towards FSI. 42. 4 (e) Balconies: a) The minimum clear width of balconies in buildings (of all the land uses) shall be 0.50 m., provided that the aforesaid width need not be insisted upon through the length, in case of semicircular or any non-rectangular shaped balconies. b) The floor area of balconies to the extent of 15 percent built up area of the respective floor will be permitted free of FSI (in all the land uses excepting industrial and service industrial user). Any additional area beyond 15 percent shall be included in the floor area for computation of FSI.

c) A balcony in a building may be permitted to be enclosed by an open grill and parapet grill, being above 0.9 meters without payment of additional premium. d) A balcony in a building may be enclosed otherwise upon the payment of additional premium as would be, decided by the Municipal Commissioner from time to time. 42.4 (f) Apertures for Light and Ventilation The following regulations shall apply to all rooms in buildings of all land uses: a) All rooms shall be provided with one or more apertures such as windows, fanlights, skylights, louvered doors and the like, opening directly on to the external air or on to a covered unenclosed balcony not more than 2 M in width. b) The total area of such apertures inclusive of frames shall not be less than 1/6th of the carpet area of the room. The glazed portions of the apertures 106 may be partly fixed. The area of such partly fixed portions shall not exceed 33% of the total area of apertures. No portion of a room shall be considered to be lighted, if it is more than 7.5M away from the aperture directly lighting it. c) In case of building in which any portion of a room is more than 7.5M away from the aperture or where artificial ventilation is resorted to through air conditioning system, the illumination levels due to artificial lighting shall be as prescribed in the National Building Code Part VIII Clauses 4.1.2 and 4.1.2.2 or any modifications thereof. In all such cases a detailed plan showing proposed illumination arrangement

shall be submitted for approval. d) For air conditioned premises the provisions as prescribed in part VIII Section 3 of National Building Code or any modifications thereof shall apply. e) The end-walls abutting plot boundary, especially, row houses, semidetached houses, bungalows etc., may be allowed to derive light and ventilation from the adjoining public spaces, roads, gardens etc., subject to the following: i. Such openings may be allowed subject to the condition that at least 0.5 m side margin be maintained on that end, in case the openings are on ground floor. No Door openings shall be allowed on the end walls abutting the plot boundary ii. Such openings shall not generally exceed 15% of the total area of the end wall. These openings nevertheless, shall not be considered as main source of light and ventilation. iii. Such an opening shall not vest any easement right on the part of the u s e r e r . T h e C o r p o r a t i o n o r C I D CO as the case may be, has freedom to carryout the activities as if no openings exist on the end-walls. The userer shall keep the openings solely at his own risk. 107 iv. The construction shall be carried out such a way that the projection d o e s n o t g o b e y o n d t h e p l o t boundary on ground floor. v . T h e c o r p o r a t i o n as the case may be, shall have the right to take suitable remedial measures and remove projections in

the public spaces, without prejudice to the provisions laid under the Indian Easement Act. Notwithstanding anything contained in the foregoing provisions, in case the openings are made on road or garden side, the premium, as the Corporation may prescribe, shall be levied. 42.4 (g) Refuse Chutes:

The following provisions shall apply in case of refuse chutes, if provided: a) The refuse shall be collected in an enclosed chamber located at the bottom of the chute. b) The chamber shall be provided with sufficiently large refuse receptacle. The bottom opening of the refuse chutes shall be provided with lid, which can be closed when the receptacle is being removed from the chamber. The bottom chamber shall be provided with necessary draining arrangements so that water does not accumulate inside the chamber. c) The internal surface of the refuse chutes and the bottom chamber shall be non-absorbent and cleanable. d) No intake opening on a refuse chutes shall be greater in area than 60% of the cross sectional area of the chute and all such opening shall be fixed with approved fire resistant metal closures designed to close automatically on release. 108 e) Every interior chute shall extend not less than 1 M above the roof and shall be covered with a sky light or shutter not less than one half of the

area of the chute. f.) Every refuse chute shall be equipped at the top with spray equipment for washing down purpose and with an automatic sprinkler for fire protection. 42.4 (h) Inner and Outer Chowk: The following regulations shall apply to buildings of all the land uses: a) Inner chowks shall be allowed only in buildings constructed on

st i lts. The Chowk shall be kept accessible at the ground level. However, Inner Chowks shall be permitted in row houses, semidetached houses and bungalows, built on the ground but which are used only for residential land use. b) No dimension of an inner chowk on which doors and windows abut sha l l be less than 3 M. c) Inner chowk on which doors and windows abut shall have area at all levels of the chowk, of not less than the square of 1/5th height of the highest wall abutting the chowk. No room excluding a staircase, bathroom and WC shall be exclusively dependent for its light and ventilation on an inner chowk. If any room abutting an inner or outer chowk is exclusively dependent upon such chowk for its light and ventilation the dimensions of the Chowk shall be in accordance with Regulation 43. Provided that when only bathrooms and Water Closets abut the chowk, chowks shall have a minimum dimension of 2.5 M and any area for any height.

d) No length (as distinguished from its depth) of an outer chowk shall be less than 2.00 M. 109 42.4 (i) Staircases: The following regulations shall apply to all the staircases in buildings of all land uses without prejudice to the provisions of Regulation 23. a) The width of the staircase shall not be less than 1.0 M. b) The width of tread without nosing shall not be less than 25 C.ms. c) The height of riser shall not exceed 19.5 C.ms and they shall be limited to 12 per flight. 42.4 (j) PODIUM This is an open to sky platform, may be built at one floor level, but not over 7.5 mts. from the road level in a residential development of large holding of 20,000 sq.mtrs. or above, subject to providing adequate open spaces from the boundary of the plot and clearance from fire officer. Refer (Appendix IV & IV A) of these regulations.

R. G. ON PODIUM The recreational open spaces (Layout R.G.) can be provided on the podium and to be developed as lawn/garden. PODIUM FOR PARKING IN HIGHRISE BUILDINGS i) The developers provide either basements under the ground or provide podium at first floor level to accommodate required number of parking spaces. ii) In order to encourage the provision of adequate parking spaces, podium for the High Rise Buildings may be permitted on the plots less than 2 hectares by leaving 1.5 mtrs. open spaces from the sides and rear boundary of the plot and

required open spaces in the front as per these regulation, provided the columns supporting the podium would be circular in the shape and further subject to clearance from Fire Officer. The approach ramps, however, may be permitted touching the side boundary. 42.4 (k) Lifts: The following regulations shall apply to lifts in buildings of all land uses without prejudice to the provision of Regulation 23. The regulations were modified and sanctioned on 21/07/2008 110 a. If the height of building exceeds 15 m., at least one lift shall be provided in the building. b. Where, the height of a building exceeds 24 meters, at least two lifts shall be provided in the said building. 42.4 (l) Projection of cupboards etc. The area of cupboards within the building line and cantilever projection in the setbacks of residential building may be permitted shall be exempted from covered area calculation subject to the following conditions. 1.) Width of the cupboards shall not be more than 3.00 mt. 2.) The cupboards shall be placed at floor level and the height of cupboard shall be 2.1 mt. Maximum. 3.) Cupboard on ground floor may not be permitted in the setbacks. 4.) If the cupboard is of cantilever type then it shall be allowed to be projected 60cm in the setbacks. 42.4 (m) Stilt A stilt portion shall be permitted. Provided the height of the stilt portion shall be

minimum 2.4 m. and maximum 4.27 mt. and at least two sides of the stilt portion shall be open. The stilt portion shall not be used for any purpose other than for vehicles parking or for play field. Plinth of stilt shall not be more than 15 cm. from surrounding ground level. 42.4 (n) Size & Height of storeroom: The area of a storeroom, if provided in a residential building shall not be more then 3 sq.mt. The height of a storeroom shall not be less than 2.2 m 42.4 (o) Size of Private Garage The size of a private garage in residential buildings shall not be less than 2.5 m. x 5.5 m. or 2.3 m. x 4.5 m. as provided in regulation No. 44. The garage, if located in the side open space, shall not be constructed within 3.0 m. from the main building, but at least 7.5 m. away from the any access road. 42.4 (p) Size of Public Garage - The size of a public garage shall be calculated based on the number of vehicles to be parked as specified in regulation 44. The regulations were modified and sanctioned on 21/07/2008 111 42.4 (q) Height of Garage - The minimum headroom in a garage shall be 2.4 m. 42.4 (r) Plinth of Garage - The plinth of garage located at ground level shall not be less than 15 cm. above the surrounding ground level. 42.4 (s) Set- back of Garage - The garage shall be setback behind the building line for a street or road on 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 Municipal Commissioner may require the owner or occupier of the garage to discontinue use of premises or to take such other measures, as the Municipal Commissioner may consider necessary in order to prevent danger or obstruction to traffic along the street.

Note: Built up Area of covered Private Garage & Covered Public Garage shall be computed in F.S.I. 42.4 (t) Basement i) The basement shall be put only to the following uses and shall be constructed within the prescribed set-back and prescribed building lines and subject to maximum coverage on floor 1 (entrance floor) 1. Storage of household or other goods or ordinarily noncombustible material. 2. Strong rooms, bank lockers, safe deposit volts etc. 3. Air-conditioning equipments and other machines used for services and utilities of the building. 4. Parking spaces. 5. Users strictly ancillary to the principal user. ii) The basement shall not be used for residential purpose. iii) The basement shall have the following requirementsa) Every basement shall be in every part at least 2.4 m. in height from the floor to the underside of the roof slab or ceiling. b) Adequate ventilation shall be provided for the basement. The standard of ventilation shall be the same as required by the particular occupancy according to these regulations. Any deficiency 112 may be met by providing adequate mechanical ventilation in the form of blowers, exhaust fans or air conditioning systems. c) The minimum height of the ceiling of any basement shall be 0.9M and the maximum shall be 1.2 M. above the average surrounding ground level.

d) Adequate arrangements shall be made so as to ensure that surface drainage does not enter the basement. e) The walls and floors of the basement shall be water-tight and be so designed that the effect of the surrounding solid and moisture, if any, is taken into account in design and adequate damp proofing treatment is given, and f) For parking spaces in basement and or on upper floors for more than 10 cars two ramps of adequate width and slope shall be provided, preferably at the opposite ends. Such ramps may be permitted in the side and rear marginal open space. g) The access to the basement shall be separate from the main and alternate staircase providing access and exit from higher floors. Where the staircase is continuous, the same shall be enclosed type serving as fire separation from the basement floor and higher floors. Open ramps shall be permitted if they are constructed within the building line subject to the provisions of Regulation No. 45.1 (b). 42.4 (u) Parapet parapet walls and handrails provided on the edges of roof terraces or balcony shall not be less than 1.15 m. above the finished floor level and not more than 1.30 unfinished floor level in height. 42.4 (v) Cabin -The size of cabins shall not be less than 3.0 sq.mt. The clear passages within the divided space of any floor shall not be less than 0.9 m. and the distance from the farthest space in a cabin to any exit shall not be more than 18.5 m. In case the sub-divided cabin does not derive direct lighting and ventilation from any open space or mechanical means, the maximum height of the cabin shall be 2.2 m. so as to be open from the top.

42.4 (w) Porch A porch, if any, shall be at least 1.5 m. away from the plot boundary. The size of the porch shall be 4.00 m. wide x 5.5 m length maximum, shall not be 113 counted towards FSI. A brick or concrete bund of 0.45 m. in height is permissible over a porch. The larger porch for mercantile/commercial, hotel and public building may be permitted with special permission by Municipal Commissioner. 42.4 (x) Meter Room An independent and ventilated well lighted meter room (service room directly accessible from the outside) shall be provided on ground floor and/or on upper floors, according to the requirements of the electric supply undertaking. The door to the room shall have fire resistances of not less than two hours. 42.4 (y) Dead Wall- a) Building with partially dead wall with its required minimum open space required for dead wall and on said face partially with openings and required minimum space as per DCR are permissible. b) Dead wall should be from ground floor to top floor without any opening. 42.4 (z) a) Plinth :- The plinth or any part of a building or outhouse shall be so located with respect to the surrounding ground level that adequate drainage of the site is assured. (i) Main building The height of the plinth shall not be less than 30 cm above the surrounding ground level. In areas subject to flooding, the height of the plinth shall be at least 60 cm above the high flood level. (ii) Interior court-yards, covered parking spaces and garages.:- These shall be raised at least 15 cm above the surrounding ground level and shall be satisfactorily drained.

b) Ramps :1) Ramps for pedestrians (i) General The provision applicable to stairways shall generally apply to ramps. The regulations were sanctioned on 21/07/2008

114 A ramp in a hospital shall not be less than 2.25 m. wide. In addition, to satisfy the fire-fighting requirements, a ramp shall lead directly to outside open spaces at ground level or courtyards or other safe places. In multistoreyed, high rise and special building, access to ramps from any floor shall be through a smoke-stop door. (ii) Slope A ramp shall have a slope of not more than 1 in 10. It shall be of non slippery material . iii) Handrail A handrail shall be provided on both the sides of the ramp. 2) Ramps for basement or storeyed parking For parking spaces in a basement and upper floors, at least two ramps of adequate width and slopped shall be provided preferably at the opposite ends. Such ramps may be permitted in the side and rear marginal open spaces after leaving sufficient space of movement of fire-fighting vehicles. c) Revas Projection :(i) A revas projection 1.20 m. in width may be permitted in the front open space when it faces a street 12.20 m. or more in width. To facilitate the construction of a staircase, such revas projection may be permitted in the side or rear open space provided that such open space is at least 4.5 m. and the revas projection is limited to a width of 0.75 m. and the length of the staircase landing. No revas

projection shall be at a height less than 2.1 m. above the ground level. (ii) A revas projection shall not be permissible in the side or rear open spaces of a tower like structure. (iii) The areas of all revas projections shall be taken into account for the computation of F.S.I. 115 d) Roof :(i) Effective drainage of rain water -- The roof of a building shall be so constructed of framed as to permit effectual drainage of the rain water therefrom by means of rain water pipes at the scale of at least one pipe of 10 cm. Diameter for every 40 sq.m. of roof area. Such pipes shall be so arranged, jointed and fixed as to ensure that the rain water is carried away from the building without causing dampness in any part of the walls or foundations of the building or those of an adjacent building. (ii) Connecting rain water to drain or sewer The commissioner may require rain water pipes to be connected to a drain or sewer through a covered channel formed beneath the public footpath to connect the rain water pipes to the road gutter or in any other approved manner. (iii) Manner of fixing rain water pipes Rain water pipes shall be affixed to the outside of the walls of the building or in recesses or chases cut or formed in such walls or in such other manner as may be approved by the commissioner. e) Terrace:- Terraces shall not be sub-divided and shall be accessible by a common staircase. f) Septic Tank, :(i) Location and sub-soil dispersion,- A sub-soil dispersion system shall not be closer than 12 m. to any source of drinking water, such as a well, to mitigate the

possibility of bacterial pollution of water supply. It shall also be as far removed from the nearest habitable building as economically feasible but not closer than 2 m. to avoid damage to the structure. (ii) Dimensions etc.(a) Septic tanks shall have a minimum inner width of 75 cm. A minimum depth of one metre below the water level and a per capita minimum liquid capacity of 85 litres. The length of the tanks shall be at least twice the width. 116 (b) Septic tanks may be constructed of brick work, stone masonry, concrete or other suitable material as approved by the Commissioner. (c) Under no circumstances should effluent from a septic tank be allowed into an open channel drain or body of water without adequate treatment. (d) The minimum nominal diameter of the pipe shall be 100 mm. Further, at junctions of pipes in manholes, the direction of flow from a branch connection should not make an angle exceeding 45 degree with the direction of flow in the main pipe. (e) The gradients of land-drains, under-drainage as well as the bottom of dispersion trenches and soakways should be between 1:300 and 1:400. (f) Every septic tank shall be provided with a ventilating pipe of at least 50 mm. diameter. The top of the pipe shall be provided with a suitable cage of mosquito proof wire mesh. The ventilating pipe shall extend to a height which would cause no smell or nuisance to any building in the area. Generally, the ventilating pipe should extend to a height of about 2 mt. when the septic tank is at least 15 mt. away from the nearest building and to a height of 2 mt. above the top of the building when it is located closer than 15 mt.

(g) When the disposal of septic tank effluent is to a seepage pit, the seepage pit may be of sectional dimension of 90 cm. and not less than 100 cm. In depth below the inner level of the inlet pipe. The pit may be lined with stone, brick and concrete blocks with dry open joint which should be backed with at least 7.5 cm. of clean coarse aggregate. The lining above the inlet level should be finished with mortar. In the case of pits of large dimensions the top portion may be narrowed to reduce the size of the RCC cover slabs. Where no lining is used, specially near trees the entire pit should be filled with loose stones. A masonry ring should be constructed at the top of the pit to prevent damage by flooding of the pit to by surface run off. The inlet pipe should be taken down to a depth of 90 cm. from the top as an anti mosquito measure. 117 (h) When the disposal of septic tank effluent is to a dispersion trench, the dispersion trench shall be 50 to 100 cm. wide excavated to a slight gradient and shall be provided with a layer of washed gravel or crushed stones 15 to 25 cm. deep. Open joined pipes placed inside the trench shall be made of unglazed earthenware clay or concrete and shall have a minimum internal diameter of 75 to 100 mm. Each dispersion trench should not be longer than 30 mt. and trenches should not be placed closer than 1.8 mt. to each other. g) Overhead Tank :- Every overhead water storage tank shall be maintained in a perfectly mosquito-proof condition by providing a properly fitting hinged cover and every tank more than 1.5 m. in height shall be provided with a permanently fixed iron ladder to enable inspection by anti-malaria staff. h) Canopy :- A cantilevered and un-enclosed canopy may be permitted over each entrance and staircase, if a clear distance of at least 1.5 m. is maintained between

the plot boundary and the outer edge of the canopy. The minimum clear height of the canopy shall be 2.2 m. 43. OPEN SPACES AROUND BUILDINGS

43.1 The following regulations shall apply to buildings of all land uses except Industrial Land Use. a. The front, side and rear open spaces shall not be less than 3 M. in width where the height of building does not exceed 10 M. b. For height of building above 10 M and upto 24 M, in addition to the minimum width of the open spaces required for the height of 10 M, there should be an increase in the width of the minimum open spaces at the rate of 1 M per every 3 M or fraction thereof, for height above 10 M. c. For heights of buildings above 24 M and upto 30 M the minimum width of the open space shall be 10 M. 118 d. For heights of buildings above 30 M in addition to the minimum width of the open space required for heights upto 30 M. There shall be an increase in the width of the open space at the rate of I M per every 5 M or fraction thereof. For heights above 30 M., the width of the open space need not exceed 16 M. 43.2 a) If any interior or exterior open space is intended to be used for the purpose of light and ventilation by more than one building belonging to the same owner, then the width of such open space shall be the one required for the tallest building as specified in clause of 43.1 above. However, this distance shall be the clear distance without any projections like balcony etc. b) The open space specified under (a) above may not be required to be provided if

the end walls of buildings are to be left permanently blank without any openings. However, the minimum distance between any blank wall of a building and the plot boundary shall be 3 M if the building is up to 15 M in height, 4.5 M if the building is more than 15 M but not more than 24 M in height and 6 M if the building is more than 24 M in height. 43.3 For buildings of residential land use following special provisions shall apply .

a) For semi-detached buildings having not more than three storeys (10 M), the width of the front, rear and one side open space shall not be less than 3 M, 3 M and 1.5 M respectively. For row houses having not more than three storeys the width of the front and rear open spaces shall not be less than 3 M. b) In case of row houses, wherein inner chowks are provided to derive main source of l ight and vent i lat ion, in conformity with Regulation No. 42.4 (h) the building may be allowed to construct with a front margin of 0.5 m and a rear margin of 2.25 mtrs. In addition to this, 1.5 m side margin shall be provided for semi-detached buildings. Provided that the foundation of the end walls shall not, in any case , go beyond the plot boundary. Notwithstanding anything contained herein above, the building should be p r o v i d e d wi t h a d e q u a t e l i g h t a n d ventilation provisions in accordance with Regulation No. 42.4 (f) and commensurate parking facilities under the st i l ts or the inner chowk wi th adequate maneuvering spaces. c) In respect of row house plots of having depth of 9 m. or less, the minimum front and rear margins shall be 1.5 m. and 2.25 m. respectively. 119 43.4 Following regulations shall govern the opens spaces around buildings of industrial land use:

a.

For plots of area less than 800 Sq. Mt. minimum width of the front open space

shall be 5 M and the minimum width of side and rear open spaces shall be 3 M. b. For plots of area between 800 Sq. Mt. and 1200 Sq. Mt. the minimum width of front open space shall be 5 M and the minimum width of side and rear open spaces shall be 4 M. c. For plots having an area of more than 1200 Sq. Mt. the minimum width of the front open space shall be 6.5 M and the minimum width of side and rear open spaces shall be 5 m. 43.5 Exemption to open spaces: (i) Balconies shall be permitted to project in the open spaces to the extent of 1.5 mtrs. But the clear width of the open spaces on ground floor shall in no case be less than 3 mtrs". (ii) Double height projected (pocket) terraces: One pocket terrace projecting to a maximum of 1.5 m. from the building will be allowed per tenement, providing that such terraces are not enclosed by wall from three sides. Length of such pocket terrace shall not be more than the maximum width of that room or 3.0 m. whichever is less. The clear width of the open spaces on all floors shall in no case be less than 3 mtrs. from the outer edge of such terrace. More than the above stated area of such terraces shall be computed in the F.S.I. (iii) Projections into open Spaces Every open space provided either interior or exterior shall be kept free from any erection thereon and shall be open to the sky, except a cornice, chajja, roof, weather shade more than 0.75 m and Flowerbed or cupboard more than 0.60 m as specified in these regulations shall overhang or project over the said open space.

(iv) A Canopy or canopies each not exceeding 5 m. in length and 2.5 m. in width in the form of cantilever or supported and unenclosed, shall be permitted over the main entrance/entrances, providing a minimum clear height of 2.1 m. below the canopy. There shall be a clear open space of 1.5 m from the plot boundary to the canopy. 120 In one storied residential building, only one such canopy shall be permitted for each individual detached block. In more than one-storied residential buildings, two canopies shall be permitted over ground floor/higher floor entrance. 43.6 If the intended development is within the scheme for allotment of plots of land to the project affected land holders in the defined area contiguous to the villages, or with the scheme of allotment of 12.5% land to the project affected land holders, the clear marginal open spaces within the plot required to be provided for the purposes of deriving light and ventilation shall be as follows : Category Area of the Max. Permissible Min. Marginal Open Spaces (in m.) Plot fronting Height of bldgs. the road (in Mtrs.) Front Side Side - 2 Rear Row Houses a) 40 M 2 to 13m 1.5 0.0 0.0 2.25 W i t h o r Less than

Without 150 M 2 Common b) 150 M 2 to 13m 3.0 0.0 0.0 3.0 Walls 300 M 2 Semi a) 100 M 2 to 13m 1.5 2.25 0.0 3.00 Detached Less than Buildings 150M2 b) 150M2 to Less than 300 M2 c) More than 300 M2to Less than 450 M2 Detached a) 450 M2 to buildings Less than 1000M2 b) 1000 M 2 and 13m 3.0 3.0 3.0 3.0 13m 3.0 3.0 0.0 3.0 13m 3.0 1.5 0.0 3.0

above As per Regulation No. 43.1 & 43.2 Note: If parking space under stilt is provided, additional height of the building to the extent of the height of the stilt may be permitted. 121 44. CAR PARKING, LOADING & UNLOADING 44.1 One parking area for different modes and number of car spaces to be provided for various land uses shall be governed by the following table. SR.NO TYPE OF MODE SIZE OF PARKING BAY 1. Car 2.5 m x 5.0 m 2. Scooter 2.5 m x 1.2 m 3. Bi cycle 2.0 m x 0.7 m 4. Truck 3.75 m x 10.0 m 44.2 Land use car spaces

1. Residential a. One space for every one tenement of built-up area more than 60 sq.mt. b. One space for every two tenements of built up area more than 45 sq.mt. up to 60 sq.m. c) One space for every four tenements of built-up area upto 45 sq.mt.

2. I. Star Hotels I. One space for every 60 sq.mt. of total floor area. II. Hotels II. One space for every 75 sq.mt. of total floor area. III. Lodging III. One space for every 100 sq.mt. of total floor area. IV. Restaurants. IV. One space for every 50 sq.mt of floor area.

3. Educational One space for 100 sq.mt of floor area or part thereof. 4. Institutional One space for every 250 sq.mt of floor area or part thereof 5. Office(Govt.& Pvt.) One space for every 70 sq.mt of floor area upto 1500 sq.mt and one space for every 150 sq.mt or part thereof for areas exceeding 1500 sq. m 6. Assembly One space for every 60 sq.mt of floor area or part there of 7. Business One space for every 100 sq.mt of floor area or part thereof 8. Mercantile One space for every 80 sq.mt of floor area upto 800 sq.mt and thereafter one for every 160 sq. mt or part thereof. 9. Industrial One space for every 200 sq.mt of floor area or part thereof subject to minimum of two spaces. 10. Storage One space for every 200 sq.mt of floor area or part thereof subject to minimum of two spaces. 122 11. Hospitals One space for every 150 sq.mt of total floor area. 12. Cinemas & Theatres One space for every 20 seats. 13. Shopping One space for 80 sq.mt of total floor area or part thereof. 14. Stadia One space for every 150 seats plus additional as per the rules for restaurants etc.,

44.3 (a) In addition to the above 10% of total parking spaces shall be provided for visitors parking and 10% for two wheelers parking. Further incase of plots exceeding 1000 sq. m. in area for all land uses except industrial and storage land use, suitable lay-bye [as shown in appendix No. II (A), (B) & III (A), (B) & (C)] shall be carved out for visitors parking in the front area within the plot by means of compound wall. 44.3 (b) On the ground floor minimum 3 mtrs. margin shall be kept from the rear edge of the lay- by subjective provision of Regulation 43.1 of the DCRs. The building from the 1st floor onwards may start from the rear edge of the lay-bye subjective provision of Regulation No. 43.1 of the DCRs. 44.4 Car parking spaces shall be clearly shown on the site plan alongwith the maneuvering space to the satisfaction of the Corporation. 44.5 The above standards for parking and loading ,unloading may be modified in

Special Development Control Regulation for Action Area with due consideration of the common parking facilities provided in the layout of the action area. 44.6 In case of residential land use 25% of the open space around the building may be used for parking. In case of other land uses 50% of the open space around the building may be used for parking and loading, unloading, provided that a minimum distance of 3.0 m around the building shall be kept free from any parking and loading, unloading spaces. Notwithstanding the above, entire marginal open space around the building incase of residential plot up to 500 sq.mt. may be utilised for parking with adequate manoeuring spaces.

123 44.7. In addition to the above table, loading and unloading spaces shall be provided for mercantile, industrial and storage land uses as one space for every 100 sq.mt of floor area or part thereof upto 500 sq.mt and one for every 500 sq.mt or part thereof thereafter. The loading space shall be 3.75 m x 10.0 m. 44.8 Whenever the existing FSI is enhanced, building permission shall be given only after the provision of additional parking spaces corresponding to the revised total built-up area. 44.9 Guide lines for circulation space around parking spaces shall be followed as given in the Appendix II & II A. 45 BUILDING REQUIREMENTS:

The specified facilities for the buildings for physically handicapped persons shall be as follows: 45.1 a) APPROACH TO PLINTH LEVEL: Every building should have at least one entrance accessible to the handicapped and shall be indicated by proper signage. This entrance shall be approached through a ramp together with the stepped entry. b) RAMPED APPROACH: Ramp shall not start within 1.5 mt. from plot boundary in case of buildings having height below 15 mtrs. In case of building having height of 15 mtrs. and above. It should not start within 4.5 mtrs. from the plot boundary. 45.2 STEPPED APPROACH: For stepped approach size of tread shall not be less than 300 mm and maximum riser shall be 150 mm. Provision of 800-mm high hand rail on both sides of the stepped approach similar to the ramped approach shall be made. 45.3 EXIT / ENTRANCE DOOR: Minimum clear opening of the entrance door shall

be 900 mm and it shall not be provided with a step that obstructed the passage of a wheel chair user. Threshold shall not be raised more than 12 mm. 124 45.4 ENTRANCE LANDING: Entrance landing shall be provided adjacent to ramp with the minimum dimension 1800 x 2000 mm. The entrance landing that adjoins the top end of a slope shall be provided with floor materials to attract the attention of visually impaired persons (hereinafter referred to as "the said guiding floor material"). Finishes shall have a non-slip surface with a texture traversable by a wheel chair. Curbs wherever provided should blend to a common level. 45.5 CORRIDOR CONNECTING THE ENTRANCE/EXIT FOR THE HANDICAPPED:

The corridor connecting the outdoors to a place where information concerning the overall use of the specified building can be provided to visually impaired persons either by a person or by signs, shall be provided as follows: a) "Guiding floor materials" shall be provided or devices that emit sound to guide visually impaired persons. b) The minimum width shall be 1500 mm. c) In case there is a difference of level slope ways shall be provided with a slope of 1:12. 45.6 STAIR WAYS: One of the stairways near the entrance/exit for the handicapped shall have the following provisions: a) The minimum width shall be 1350 mm. b) Height of the riser shall not be more than 150 mm and width of the tread 300 mm. The steps shall not have abrupt (square) nosing. c) Maximum number of risers on a flight shall be limited to 12. d) Hand rails shall be provided on both sides and shall extend 300 mm. on both sides and shall extend 300 mm on the top and bottom of each flight of steps.

45.7 LIFTS: Wherever lift is required as per bye-laws, provision of at least one lift shall be made for the wheel chair user with the following cage dimensions. Clear internal depth: 1 100 mm Clear internal width : 2000 mm. Entrance door width : 900 mm 125 a) A hand rail not less than 600 mm long at 1000 mm. above floor level shall be fixed adjacent to the control panel. Also, switch control shall be at an operating height equal to that of handrails. b) The lift lobby shall be of an inside measurement of 1800 x 1800 mm or more. c) The time of an automatically closing door should be minimum 5 second and the closing speed should not exceed 0.25 M/sec. d) The interior of the cage shall be provided with a device that audibly indicates the floor the cage has reached and indicates that the door of the cage for entrance / exist is either open or closed. e) The lift meant for paraplegics/handicapped shall be available on each floor with proper signage. f) Also, this lift in case of power failure or any such emergent situations shall reach to the nearest floor 45.8 TOILETS: One special W.C in a set of toilet shall be provided for the use of handicapped with essential provision of wash basin near the entrance for the handicapped. a) The minimum size shall be 1500 x 1750 mm. b) Minimum clear opening of the door shall be 900 mm and the door shall swing out. c) Suitable arrangement of vertical/horizontal handrails with 50-mm. clearances

from wall shall be made in the toilet. d) The W.C. seat shall be 500 mm from the floor. 45.9 One of the washbasins in the toilet block on each floor shall be fixed at height of 75 cm above the finished floor level, with a tap. A similar arrangement has to be made for the drinking water facility. 46 ADDITIONAL FLOOR SPACE INDEX, WHICH MAY BE ALLOWED IN CERTIAN CATEGORIES. (1) A Building of Information technology/I.T.E.S: The Commissioner as the case may permit the floor spaces indices specified in these regulations to be exceeded to the extent of 100% over and above the permissible FSI as under (including for 126 IT/ITEs units located in NDZ/Green Zone/Agriculture Zone proposed in the Development Plan or Regional Plan) (i) 100% additional F.S.I. shall be made available to all I.T./I.T.E.S units in public I.T. park (ii) 100% additional F.S.I. shall also be made available to all registered I.T. / I.T.E.S. units located in private I.T. parks approved by the Directorate of Industries (iii) Permission for erecting towers and antenna upto the height permitted bythe civil aviation department shall be granted by the concerned Municipal bodies at the time and as a part of approval of building plan itself. General Terms and Conditions applicable for a development of I.T/ I.T.E.S. Units (i) Additional F.S.I. to I.T./ I.T.E.S. units would be available to I.T./ I.T.E.S.

Parks duly approved by the Directorate of Industries. (ii) The additional F.S.I. shall be granted upon payment of premium, which shall be paid in the following manner. A For plots from the nodes where NMMC is planning authority and which are already disposed off for I.T./ I.T.E.S. with 1.5 F.S.I. the premium shall be recovered by CIDCO for additional F.S.I. @ 50% of the market value as may be decided by CIDCO as per its pricing policy. Out of the total premium 25% shall be paid to Govt. and 25% to NMMC. B- For plots from the nodes where CIDCO is planning authority and which are already tendered with 1.5 F.S.I. for I.T./ I.T.E.S, the premium shall be recovered by CIDCO for additional F.S.I. @ 50% of market value as may be decided by CIDCO as per its pricing policy. Out of the total premium 25% shall be paid to Govt. C- For plots which are being disposed / tendered with 3.00 F.S.I. The CIDCO shall tendered out plots with 3.00 F.S.I. (1.5 + additional 1.5 F.S.I.) subject to condition (i) above and subject to condition that the base price for such plot shall not be less than 150 % of market value as may be decided by CIDCO. as per its pricing 127 policy. CIDCO shall deposit 5% amount of total lease premium to Govt. and 5% to NMMC (Wherever NMMC is planning authority). D- Plots which are tendered with 3.00 F.S.I. after 20 th May 2004 but before date of this order CIDCO shall deposit 5% amount of total lease premium to Govt. and 5% to NMMC. (Wherever NMMC is planning authority).

(iii) In the event, if the developers come forward for provision of such off infrastructure at his own cost, then the respective planning authority or the MIDC., as the case may be, shall determine the estimated cost of works and shall also prescribe the standards for the work. After completion of the work the said planning authority/MIDC shall verify as to whether the same is as per prescribed standard and thereafter by deducting the cost of work, the balance amount of premium shall be recovered by the said Planning Authority/MIDC. (iv) Users/ Services ancillary to the I.T./ I.T.E.S. While developing site for I.T./ I.T.E.S. with additional F.S.I., ancillary users such as restaurants, gymnasium, small clubhouse, small guest house etc., as may be permitted by the Directorate of Industries shall also be allowed upto 20% of the permissible built-up area. (v) No condonation in the required open spaces, Parking and other requirement prescribed in these regulations shall be allowed in case of such additional F.S.I. (2) Police Housing In cases of buildings of Department of Police, Police Housing Corporation, Jail and Home Guard of Government of Maharashtra for use as their Staff Quarters, the Municipal Commissioner may permit the Floor Space Index to be exceeded upto 1.5 Note : It shall be permissible to submit a composite scheme for the development or redevelopment of land of Department of Police, Police Housing Corporation, Jail and Home Guard for the utilization of permissible Commercial user under the Regulation 38; so that commercial potential of the plot can be shifted to other plot, provided the aggregate FSI on

any plot shall not exceed 1.5 m. 128 In the cases of development or redevelopment of land of Department of Police, Police Housing Corporation and Home Guard, commercial user permissible under D.C. Regulation may be permitted upto 25% of the total permissible builtup area.

(3) Reconstruction of buildings destroyed by fire or which have been collapsed or which have been demolished. Etc. Reconstruction in whole or in part of a building (not being a building wholly occupied by warehousing user and also not being a ground floor structure), which has been ceased to exist in consequence of an accidental fire, natural collapse, or demolition for the reason, of the same having been declared unsafe by or under a lawful order of the Corporation is likely to be demolished for the reason of the same having been declared unsafe by or under a lawful order of the said Corporation duly certified by them, shall be allowed as specified in Appendix VI of this Regulation. (4) Deleted The regulations were modified and sanctioned on 21/07/2008