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State of Odisha - Section

Section 2 in Bhubaneswar Development Authority (Planning and Building Standards) Regulations, 2001

2. Definitions.

- In these Regulations, unless the context otherwise requires :
(1)"Act" means the Orissa Development Authorities Act, 1982;
(2)"air-conditioning" means the process of treating air so as to control simultaneously its temperature, humidity, cleanliness and distribution to meet the requirement of conditions space;
(3)"Air Port Reference Point" means a designated point which is established in the horizontal plane at or near the geometric centre of the landing area;
(4)"alteration" means a change from one occupancy to another, or a structural change, such as an addition to the area or height, or the removal of part of a buildings or any change to the structure such as the construction of, cutting into or removal of any wall, partition, column, beam, joint, floor or other support, or a change to or closing of any required means of ingress or egress, or a change to the fixtures or equipment.
(5)"Appendix" means an appendix appended to these regulations;
(6)"approved" means approved by the Authority;
(7)"Art Commissioner" means the Commission constituted under Sub-section (1) of Section 88;
(8)"Authority" means the Bhubaneswar Development Authority and does not include its employees acting individually. The powers and responsibilities of the Authority under this Regulation can not be delegated, unless specifically provided for in this Regulation, the Act, the Rules or, unless notified by the government;
(9)"balcony" means a horizontal cantilevered projection, including a hand rail or balustrade, to serve as passage or sitting out place;
(10)"barsati" means a habitable room (including kitchen) on the roof of a building with or without toilet/kitchen;
(11)"basement or cellar" means lower storey of a building not less than 0.9 metres and not more than 1.2 metres above the ground level;
(12)"basti area" means an area declared as such under a development plan and in the absence of such declaration, any area comprising old settlements covering such extent of lands as may be determined/ by the Authority in consultation with concerned Local Body;
(13)"basti plot" means a plot having a width ranging between 4.0 and 6.3 metres, the depth being more than three times the width, and located in a basti area;
(14)"builder" means an applicant, land owner, contractor, holder of power of attorney of the land owner, the partnership, trust or company which has any responsibility in construction of a building for commercial purposes.Note - The Bhubaneswar Development Authority will be the builder for its own construction.
(15)"building" means any structure for whatsoever purpose and of whatsoever materials constructed and every part thereof whether used as human habitation or not and includes foundation, plinth, walls, floors, roofs chimneys, plumbing and building services, fixed platforms, verandah, balcony, cornice or projection, part of a building or anything affixed thereto or any wall enclosing or intended to enclose any land or space and signs and outdoor display structures;Explanation - Tents, shamianas, tarpaulins, shelters, etc., put up for not more than fifteen days, shall not be considered as building;
(16)"building accessory" means a subordinate building use of which is incidental to that of a principal building on the same plot such as garage, coal or fuel shed, peons, choukidars, or domestic servants quarters, etc.;
(17)"building height" means the vertical distance measured in the case of flat roofs, from the average level of the centre line of the adjoining street to the highest point of the building adjacent to the street; and in the case of pitched roofs, up to the point where the external surface of the outer wall intersects the finished surface of the slopping roof and in the case of gables facing the road, the mid-point between the eaves level and the ridges;Explanation - If the building does not about on a street, the height shall be measured above the average level of the ground around and contiguous to the building;
(18)"building line" means the line up to which the plinth of a building adjoining a street or an extension of a street or on a future street may lawfully extend and includes the lines prescribed in any development plan in operation of any area under the jurisdiction of the Authority or specification indicated in any Town Planning or Development Scheme, or in these Regulations;
(19)"chajja" or "sun-shade" means a sloping or horizontal structural overhang, usually provided over openings on external wails to protect it from sun and rain;
(20)"Chawl" means a building so constructed as to be suitable for letting out as separate tenements each consisting of not more than two rooms and with common sanitary arrangements;
(21)"Chimney" means as upright shaft containing and encasing one or more flues provide for the conveyance to the outer air of any product of combustion resulting from the operation of any heat producing appliance or equipment employing solid, liquid or gaseous fuel;
(22)"Combustible materials" means a material, which burns or adds to a fire when used for combustibility in accordance with good practice;
(23)"conversion" means the change of an occupancy to another occupancy or change in building structure or part thereof resulting in change of space or use requiring additional occupancy certificates;
(24)"corner plot" means a plot at the junctions of and fronting on two or mere intersecting streets;
(25)"courtyard" means a space permanently open to the sky, enclosed fully or partially by buildings and may be at ground level or any other level within or adjacent to a building;
(26)"covered area" means:
(i)in respect of ground floor, ground area covered immediately above the plinth level by the building but does not include the open space covered by-
(a)garden, rookery, well and well-structures, rain water harvesting structures, plant nursery, water-pool (if uncovered) platform round a tree, tank, fountain, bench, chabutra with open top and unenclosed on sides by walls boundary wall, swing, and area covered by chaza without any pillars etc touching the ground;
(b)'drainage culvert conduit', catch-pit, gully pit, inspection chamber, gutter and the like;
(ii)in respect of first and subsequent floors, all such areas which are not open to the sky;
(27)"Cul-de-sac" means such means of access having length from 150 to 275 metres with an additional turning space at distance of at least 150 metres such turning space being not less than 81 square metres in area having no dimension less than 9 metres;
(28)"detached building" means a building whose walls and roof are independent of any other building with open spaces on all sides;
(29)"Development Plan" includes any development plan either interim or comprehensive or zonal plan in operation for any area under the jurisdiction of the Authority;
(30)"Deviation" means any construction made in departure from the approved plan by way of internal alteration or additions, modifications in the total floor area, coverage, floor area ratio (FAR), setbacks, height, parking space, provision of public utilities etc.;
(31)"Director Town Planning" means the person appointed as Director of Town Planning under Sub-section (1) of Section 3 of the Orissa Town Planning and Improvement Trust Act, 1956 (Orissa Act 10 of 1957);
(32)"drain" means a line of pipes including all fitting and equipment, such as manholes, inspection chamber, traps, gullies and floor traps, used for the drainage of a building or a number of buildings, or yards appurtenant to the buildings within the same curtilage and includes open channels used for conveying surface water;
(33)"drainage" means the removal of any liquid by a system constructed for this purpose.
(34)"enclosed stair-case" means a stair-case, separated by fire resistant walls from the rest of the building;
(35)"existing building or use" means a building, structure or its use as sanctioned/approved/regularised by the competent authority, existing before the commencement of these Regulations;
(36)"exit" means a passage, channel or means of egress from any building, storey or floor area to a street or other open space of safety;
(37)"external wall" means an outer wall of a building not being a part wall even though adjoining to a wall of another building and also means a wall abutting on an interior open space of a building;
(38)"Fire alarm system" means an arrangement of call joints or detectors, sounders and other equipments for the transmission and indication of alarm and sometimes used as signals for testing of circuits and whenever required for the operation of auxiliary services. This device may be workable automatically or manually to alert the occupants in the event of fire;
(39)"Fire lift" means one type of lift specially designed for use by fire service personnel in the event of fire;
(40)"Fire proof door" means a door or shutter fitted to a wall opening, and constructed and erected with the requirement to check the transmission of heat and fire for a specified period;
(41)"floor" means the lower surface in a storey on which one normally walks in a building.Explanation - The general term "floor" unless otherwise specifically mentioned shall not refer to a "mezzanine floor";Note - The sequential numbering of floor shall be determined by its relation to the determining entrance level. For floors at or wholly above ground level the lowest floor in the building with direct entrance from the road/street shall be termed as ground floor. The other floors above ground floor shall be numbered in sequence as floor-I, floor-II, etc. with number increasing upward;
(42)"floor area ratio (FAR)" means the quotient obtained by dividing the total covered area (plinth area) on all floors with the area of the plot;
FAR =| Total covered area of all floorsPlot area
(43)"Form" means a form appended to these regulations;
(44)"Foundation" means that part of a structure which is in direct contact with and meant for transmitting loads to the ground;
(45)"Gallery" means an intermediate floor or platform projecting from a wall of auditorium or a hall providing extra floor area, additional setting accommodation, etc. It shall also include the structures provided for seating in stadia;
(46)"Garage-private" means a building or a portion thereof designed or used for parking of private owned motor driven or any other vehicles;
(47)"Garage-public" means a building or portion thereof, designed or used for repairing, servicing,- hiring, selling or parking of motor driven or any other vehicles;
(48)"Group Housing" means, apartment, or multi-storeyed housing for more than three dwelling units, where land is owned jointly and the construction is undertaken by a single agency.
(49)"Habitable room" means a room occupied or designed for occupancy by one or more persons for study, living, sleeping, eating, cooking if it is used as a living room, but does not include bathrooms, water-closet compartments, laundries, serving and storage pantries, corridors, cellars, attics and spaces that are not used frequently or during extended periods;
(50)"height of the building" means the height measured from the average level of the centre line of that portion of the street on which the site abuts;
(51)"Heritage Zone" means the area as delineated in Comprehensive Development Plan.
(52)"latrine-connected" means a latrine connected to the municipal sewer system;
(53)"latrine-unconnected" means a latrine not connected to the municipal sewer system; it may be connected to a septic tank or suitable treatment or disposal system;
(54)"ledge" means a shelf-like projection, supported in any manner whatsoever, except by means of vertical supports within a room itself but not having projection wider than 0-9 metre and at a minimum clear height of 2.2 metres from the floor level;
(55)"loft" means an intermediary floor between two floors on a residual space in a pitched roof, above normal floor level, which is constructed or adopted for storage purposes;
(56)"masonry" means an assemblage of masonry units properly bonded together with mortar;
(57)"mezzanine floor" means an intermediate floor between two floors, above ground level, accessible only from the lower floor;
(58)"multi-storey or high rise building" means a building whose height is more than 15 metres or more measured from the average level of the central line of the street on which the site abuts, or more than four floors excluding basement or stilt;
(59)"non-combustible material" means a material which does not burn nor add heat to a fire when tested for combustibility in accordance with good practice;Explanation - All stair-case rooms, lift rooms, chimney and elevated tanks above the topmost floor and architectural features shall not be included in the number of floors in the calculation of the height of the building if the total height of such additional construction shall no exceed three metres.
(60)"non-conforming use of a building or land" means the use of a building or land existing at the time of commencement of these Regulations, and which does not conform to the Regulations pertaining to the zone in which it is situated;
(61)"Occupancy or use group" means the principal occupancy for which a building or a part of a building is used or intended to be used;Explanation-I - For the purposes of classification of a building according to occupancy, an occupancy shall be deemed to include the subsidiary occupancies which are contingent upon it.Explanation-II-The classification of buildings according to occupancy are as follows :-
(a)Residential Buildings
These shall include any building, in which sleeping accommodation is provided for normal residential purposes with or without cooking or dining or both facilities, including one or two or multi-family dwellings, lodging dormitories, apartment houses, flats and hostels.
(b)Institutional Buildings
These shall include any building or part thereof which is used for purposes such as medical or other treatment or care of persons suffering from physical or mental illness, disease, infirmity, care of infants, convalescents or aged persons and for penal or correctional detention in which the liberty of the inmates is restricted and special training centres. Institutional buildings ordinarily provide sleeping accommodation for the occupants and specialised non-commercial training centres. It includes hospitals, sanatoria, custodial institutions and penal institutions like jails, prisons, mental hospitals and reformatories These shall include any building used for school, college or day care purposes involving assembly for instruction education or recreation where it is a part of education.
(c)Assembly Buildings
These shall include any building or part of a building where groups of people congregate or gather for amusement, recreation, special, patriotic, civil travel and similar purposes, for example - theatres, motion picture houses, assembly halls, auditoria, libraries, exhibition halls, museums, skating rinks, gymnasium, restaurants, dance halis, club rooms, passenger stations, and terminals of air, surface and other public transportation services, recreation parlours and stadia. These shall include any building used for religious purposes like prayers, puja, worship, religious or spiritual congregation, discourses, rituals and functions.
(d)Commercial Buildings
These shall include any building or part of a building which is used as shop, stores, market for display and sale of merchandise either wholesale or retail, office storage or a service facilities incidental to the sale of merchandise and located in the same building shall be included under this group. These shall include any building or part of a building which is used for transaction of business for the keeping of accounts and records for similar purpose by any Government or local authority or a body corporate, or a company or a person or group of persons.
(e)Industrial Building
These shall include any building or part of a building or structure, in which products or materials of all kinds and properties are fabricated, assembled or processed like assembly plants, laboratories, power plants, smoke houses, refineries, gas plants, mills, dairies, factories etc.
(f)Storage Buildings
These shall include any building or part of building used primarily for the storage or sheltering of goods, wires, merchandise, like warehouses, cold storages, freight depots, transit sheds, store houses, garages, hangers, truck terminals, grain elevators, bams and stables.
(g)Hazardous Buildings
These shall include any building or part of a building which is used for the storage, handling, manufacture or processing of highly combustible or explosive materials or products which may produce poisonous fumes or explosions for storage, handling, manufacturing or processing which involve highly corrosive toxic or noxious alkalis, acids or other liquids or chemicals producing flame, fumes and explosive poisonous, irritant or corrosive gases, and for the storage, handling or processing of any material producing explosive, mixtures or dust for which result in the division of matter into fine particles subject to spontaneous ignition,
(62)"open space" or (setback) means an area forming an integral part of the plot, left open to the sky;
(63)"Parapet" means a low wall or railing built along the edge of a roof or a floor;
(64)"Parking space" means an area enclosed or unenclosed, covered or open, of sufficient size to park vehicles, together with a driveway connecting the parking space with a street or any public area and, permitting ingress and egress of the vehicles;
(65)"Pent house" means a covered space on the roof of building used for shelter during rains. It will have at least one side open;
(66)"Plantation" means plantation of plants and trees;
(67)"Plinth" means the portion of a structure between the surface of the surrounding ground and of the surface floor, immediately above the ground;
(68)"Plinth Area" means the built up covered area measured at the floor level of the basement or of any floor;
(69)"Porch" means a covered surface supported on pillar or otherwise for the purpose of pedestrian or vehicular approach to a building;
(70)"Public utility Service" means drainage, sewerage, electricity, water supply, garbage removal, solid waste disposal, sanitation, fire services, roads and any other support or infrastructure and the like for which a building has to depend on public bodies, authorities or agencies;
(71)"Registered architect" means a qualified architect registered by the Council of Architecture who under the Architect Act, 1972, who has paid the renewal fee of registration for the current year, and who has not been debarred by the Authority;
(72)"Road" means any access namely: highways, streets, lane, pathway, alley, stair way, place or bridge, whether a through fare or not, over which the public have right of passage or access or have passed and had access uninterruptedly for a specified period, and includes all bunds, channels, ditches, storm water drains, culverts, side tracks, traffic islands, road side trees and hedges, retaining walls, fences barriers and railing within the road line;
(73)"row housing" means a row of houses with only front, rear and interior open spaces;
(74)"Rule" means the Orissa Development Authorities Rules, 1983;
(75)"Schedule" means a schedule appended to these regulations;
(76)"Section" means section of the Act;
(77)"Semi-detached building" means a building detached on three sides (front, rear and side) with open spaces as specified under regulations 30 to 33;
(78)"Setback line" means a line usually parallel to the plot boundaries and laid down in each case by the Authority beyond which nothing can be constructed towards the plot boundaries and shall not apply to slums taken up under an approved programme of the Government subject to the specific sanction of the State Government, and subject to the conditions that there will not be more than 25 plots in one cluster, and the area of each plot in the cluster shall not exceed 250 square feet;
(79)"Stair cover" means a structure with a covering roof over a staircase and its landing, built to enclose only the stairs for the purpose of providing protection from weather and not used for human habitation;
(80)"Storey" means the space between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between any floor and the ceiling next above it, but shall not include a mezzanine floor;
(81)"Supervisor" means a person having
(a)Diploma in Architectural Assistantship or Intermediate in Architecture, or
(b)Diploma in Civil Engineering or
(c)Trade certificate in Civil draughtsmanship from I.T.I.
(82)"Technical personnel/Group/Engineer" means a person or a group of persons having qualifications, experiences and competency as provided in Schedule-!.
(83)"tenements" means room or rooms in the occupation of, or meant for the occupation of one tenement;
(84)"to about" means to about on a road so that any portion.of the building is on the road boundary;
(85)"unsafe building" means the buildings which are structurally unsafe, or in-sanitary, or do not provide adequate means of egress, or which constitute fire hazard, or are otherwise dangerous to life or property, or which in relation to existing use constitute a hazard to safety/health/public welfare, by reason of inadequate maintenance, dilapidation or abandonment.
(86)"water closet" means a privy with arrangement for flushing the pan with water but does not include a bath room;
(87)"Zoning Regulations" means any Regulations or plans governing the land use in any development plan or forming part of a development plan in operation;
(88)Words and expressions used in these Regulations, but not defined, shall have the same meaning as respectively assigned to them in the Orissa Development Authorities Act, 1982, the Orissa Development Authorities Rules, 1983 and National Building Code of India amended from time to time.