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State of Haryana - Section

Section 2 in Haryana Municipal Building Bye-laws 1982

2. Definitions.

- In these bye-laws, unless the context otherwise requires-(i)'Act' shall mean the Haryana Municipal Act, 1973 ;(ii)'Abut' - A building is said to abut on a street when the outer face of any of its external walls is on the street boundary ;(iii)'Applicant' shall mean a person who gives notice to the municipality of his intention to erect or re-erect a building and shall include his legal representatives ;(iv)'Architect' shall mean a person holding any of the qualifications laid down in Schedule I appended to these bye-laws and duly registered with a committee whether employed for preparation of plans or for supervision of construction or for both ;(v)'Area Plan' shall mean the plan of a space or piece of ground ; a portion of surface ;(vi)'Architectural Control Sheets' shall mean sheets of drawing with directions signed by the [Executive Officer or the Secretary, as the case may be,] [Substituted by Haryana Notification No. GSR 543/HA24/73 Sections 201, 202 & 214/90 dated 29.6.1990.] and kept in his office showing the measure of Architectural Control and prepared under bye-law 15 ;(vii)'Balcony' shall mean a cantilevered horizontal projection from the wall of a building without any vertical support and having balustrade or railing not exceeding one metre in height to serve as a passage or a sitting out place;(viii)'Barsati' shall mean a habitable space on the roof of the building with toilet facilities;(ix)'Base' applied to a wall or a column, shall mean the underside or that part of the wall or of the column which immediately rests upon the footing or foundation or upon any bressummer or other structure by which such wall or column is carried ;(x)'Basement' or 'Celler' shall mean the lower storey of a building below or partly below ground level ;(xi)'Bressummer' shall mean a wooden beam or re-inforced concrete or a stone slab or a metallic girder which cornices a wall ;(xii)'Building' shall mean 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 building or anything affixed thereto or any wall enclosing or intended to enclose any kind of space and signs and outdoor dis-play structures, tents and shamianas as tarpaulin shelters shall not be considered as building ;(xiii)'Building line' shall mean the line upto which the plinth of a building adjoining on a street or an extension of a street or on a future street may lawfully extend and includes the lines prescribed, if any, in any scheme ;(xiv)'Classification of buildings based on occupancy' shall mean all buildings, whether existing or hereafter erected and shall be classified, according to the use or the character of occupancy, in one of the following grounds :-Group A ... 'Residential Buildings'Group B ... 'Public Buildings'Group C ... 'Commercial Buildings'Group D ... 'Warehouses and Industrial Buildings'(A)'Residential Building' shall mean a building used or constructed or adopted to be used wholly or principally for human habitation and includes all garages, stables or other houses appurtenant thereto;(B)'Public Building' shall include a building used or intended to be used either ordinarily or occasionally, as a Church, Chapel, Temple, Mosque or any other place of public worship, Dharamashalla, College, school, hostel, theatre, cinema hall, public concert room, public hall, public bath, hospital, Government offices and those of local bodies, [* * *] [The words and signs 'hotel, restaurant' omitted by Haryana Notification No. S.O. 95/H.A. 24/1973/Sections 200 and 214/2007. dated 16.11.2007.] lecture room, library, orphanage or rescue room or any other place of public assembly ;(C)'Commercial Buildings' shall mean a building of which the whole or a substantial part, such part being not less than 2/3rd of the entire floor area is used or intended to be used for business purpose ; and(D)'Warehouse and Industrial Building' shall mean a building wholly or principally used as a factory, a workshop, motor-garage, warehouse, laundry, brewery, distillery, iron foundry or for any other similar purpose.(xv)'Canopy' shall mean a cantilevered projection from the face of a wall over an entrance to the building at the lintel level provided that, -(a)it shall not exceed five square meters in area ;(b)it shall not be lower than 2.3 metres when measured from the ground;(c)it shall not be allowed at more than one entry ;(d)it shall not extend 1.8 metres beyond the building line ; and(e)there shall be no platform underneath it ;(xvi)'Chhaja' or 'Sunshade' shall mean a sloping or horizontal structural overhang usually provided over openings on external walls to provide protection from sun and rain ;(xvii)'Chimney' shall mean an upright shaft containing and encasing one or more flues ;(xviii)'Courtyard' shall mean a space open to the sky within the boundary of a plot, which is enclosed or partially enclosed, by building, boundary-walls or railing and may be at the ground-floor level or any other level within or adjacent to a building ;(xix)'Covered Area' shall mean ground immediately above the plinth level covered by the building but does not include the spaces covered by :-(a)garden, rockery, well and well structures, plant nursery, waterpool, swimming pool (if uncovered), platform round a tree, tank, fountain, bench, Chabutra with open top and unenclosed on sides by walls and the like ;(b)drainage culvert, conduit, catch-pit, gully-pit, chamber, gutter and the like ; and(c)compound wall, gate, unstoreyed porch and portico, slide, swing, uncovered staircases, areas covered by Chhajja and the like ;Note. - For the purpose of these bye-laws, covered area equals the plot area minus the area due for open spaces.(xx)'Damp proof' shall mean a course consisting of some appropriate water proofing material provided to prevent penetration of dampness or moisture from any part of the structure to any other part at a height of not less than 15 cms. above the surface of the adjoining ground;(xxi)'Detached Building' shall mean a building whose walls and roofs are independent of any other building with open space on all sides ;(xxii)'Drainage' shall mean act, process, method or means of drainage, mode of discharge of water ; the system of drains ;(xxiii)'Engineer' shall mean a person holding any of the qualifications laid down in Scheduled II appended to these bye-laws and duly registered with any Class 'A' or 'B' committee, whether engaged for the supervision, construction or for the preparation of structural drawing or both ;(xxiv)'Erect or re-erect any building' includes :-(a)any material alteration or enlargement of any building ;(b)the conversion by structural alteration into a place for human habitation of any building not originally constructed for human habitation ;(c)the conversion into more than one place 'for human habitation, of a building originally constructed as one such place ;(d)the conversion of two or more places of human habitations into a greater number of such places ;(e)such alterations of a building as affect an alteration of its drainage or sanitary arrangement or materially affect its security ;(f)the addition of any rooms, buildings, out-houses or any other structures to any buildings ; and(g)the construction in a wall adjoining any street or land not belonging to the owner of the wall, of a door opening on such street or land ;(xxv)'Exit' shall mean a passage, channel or means of egress from any building, storeys or floor area to a street or other open space of safety ;(xxvi)'External wall' shall mean an outer wall or vertical enclosure of any building not being a party wall, even though adjoining to a wall of another building and shall also include a wall abutting on an interior open space of any building but shall not include an outer verandah wall.(xxvii)'Factory' shall have the same meaning as given to it in the Factories Act, 1948 (Act 63 of 1948) ;(xxviii)'Floor Area' shall mean usable covered area of a building at any floor level;(xxix)'Floor Area Ratio' or 'F.A.R.' shall mean the quotient obtained by dividing the multiple of the total of the covered area (plinth area) on all floors and 100 by the areas of the plot i.e. -
F.A.R. Total covered area of all floors x100Plot Area
(xxx)'Flue' shall mean a confined space provided 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 ;(xxxi)'Foundation' shall mean that part of a structure which is below the lower most floor and which provides support for the superstructure and which transmits loads of the super-structure to the bearing materials;(xxxii)'Framed Building' shall mean a building the external walls of which are constructed of a frame of timber, iron, reinforced cement concrete or steel and such framing consisting of posts or columns and beams, filled in, wholly or partially with bricks, stones, iron-plates or other material ; and the stability of which depends upon such framing ;(xxxiii)'Front' as applied to a building shall mean generally the portion facing the street from which it has access and in case of doubt as determined by the Executive Officer or Secretary as the case may be ;(xxxiv)'Front Air Line' shall mean the plane contained between the ground in front of the building and the straight lines downwards and outwards from the line of intersection of the outer surface of any front wall of the building with the roof perpendicular to that line, and at an angle of 63½ degrees to the horizontal ;Note. - The 63½ degrees angle has a tangent of 2:1 so that if the ground is level the air plane reaches the ground at a distance from the exterior wall equal to half the height of the structure above the level of that ground.(xxxv)'Garage' shall mean a building or portion thereof, used or intended to be used for shelter, storage or parking of a wheeled vehicle ;(xxxvi)'Ground Floor' shall mean the floor surface immediately above the ground around the building ;(xxxvii)'Habitable room' shall mean a room occupied or designed for occupancy by one or more persons for study, living, sleeping, eating, kitchen if it is used as a living room, but not including bathrooms, water-closet, compartments, laundries, serving and storage pantries, corridors, cellars, attic and spaces that are not used frequently or during extended periods :[(xxxvii-a) 'hearing disabilities' mean deafness or hearing handicaps that might make an individual insecure in public areas because he is unable to communicate or hear warning signals;] [Added by Haryana Notification No. S.O. 95/H.A. 24/1973/Sections 200 and 214/2007. dated 16.11.2007.](xxxviii) (a)'Height' (as applied to a building) shall mean 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 buildings adjacent to the street wall, and in the case of pitched roofs, upto the point where the external surface of the outer wall intersects the finished surface of the sloping roof and in case of gable facing the road, the mid-point between the eaves level and the ridge, architectural features serving no other function except that of a decoration shall be excluded for the purpose of taking heights, and if the building does not abut on a street the height shall be measured above the average level of the ground around and contiguous to the building;(b)'Height' (as applied to a room) shall mean the vertical distance measured from the finished floor surface to the finished ceiling surface. Where a finished ceiling is not provided, the underside of the joints or beams or tie beams shall determine the upper point of measurement and in the case of sloping ceiling the 'height' shall be the mean height of any such room, provided that at no point shall it be less than 2.3 meters.(xxxix)'Lay-out plan' shall mean the plan showing arrangement of building on ground ;(xl)'Licensed Plumber' shall mean a person registered by the committee for the purpose of these bye-laws and possession on the qualifications as laid down in Scheduled III appended to these bye-laws ;(xli)'Light Plane' shall mean the plane lying between the line of intersection of the floor of any room in a building with the outer surface or an exterior wall of the building and the straight lines drawn upwards from that line perpendicular thereto and at an angle of 63-1/3 degrees to the horizontal ;Note. - For the purpose of the definition of light plane the outer surface of any verandah abutting on an interior side open space shall be considered to be the exterior wall of the building.(xlii)'Load Bearing Wall' shall mean a wall designed to carry super imposed road in addition to its own road ;(xliii)'Dead Load' shall mean the weight of all permanent stationery construction becoming a part of the structure;(xliv)'Live Load' shall mean all load except dead load that may be imposed on a structure ; and wind loads shall be considered as live loads ;(xlv)'Loft' shall mean an intermediary floor in between two main floors but not more than 1.5 metres in height which may be adopted or constructed for storage purpose ;(xlvi)'Mamti' or 'Stair Cover' shall mean a structure erected on the roof of a building at the head of a staircase to protect such a staircase from weather and not used for human habitation;(xlvii)'Material change of use' shall mean a change of whole or any part of building from one class of building to another ;(xlviii)'Mezzanine floor' shall mean an intermediate floor in between two main floors, above ground level with area of mezzanine restricted to one-third of the area of that floor and with a minimum height of 2.3 metres and shall not be lower than 2.3 metres above floor level;[(xlviii-a) 'non-ambulatory disabilities' mean impairments that regardless of cause or manifestation, for all practical purposes, confine individuals to wheelchairs;] [Added by Haryana Notification No. S.O. 95/H.A. 24/1973/Sections 200 and 214/2007. dated 16.11.2007.](xlix)' Occupier' shall include any person for the time being, paying or liable to pay rent or any portion of rent of the building in respect of which the word is used, or compensation or premium on account of the occupation of such building and also a rent-free tenant, but does not include a lodger, and the words 'occupy' and 'occupation' do not refer to the lodger.An owner living in or otherwise using his own building shall be deemed to be the occupier thereof ;(I)'Open space' shall mean an area forming an integral part of the plot open to the sky ;(li)'Owner' shall mean the person who receives the rent for the use of the land or building or would be entitled to do so if they were let. It also includes:-(a)an agent or trustee who receives such rent on behalf of the owner;(b)a receiver, executor or administrator or a manager appointed by any court of competent jurisdiction to have the charge, of or to exercise the rights of the owner;(c)an agent or trustee who receives the rent of or is entrusted with or is concerned with any building devoted to religious or charitable purposes; and(d)a mortgagee in possession.(lii)'Parapet' shall mean a low wall built along the edge of a roof or a floor not more than 1 metre in height ;(liii)'Part wall' means :-(a)a wall forming part of a building, and being used or constructed to be used in any part of the height or length of such wall for separation of adjoining buildings belonging to different owners or occupied or constructed or adapted to be occupied by different persons ; or(b)a wall forming part of a building and standing in any part of the length of such wall, to a greater extent than the projection of the footing on one side on the grounds of different owners ;(liv)'Partition wall' shall mean an interior non-load bearing wall, one storey or less in height;(lv)'Party wall' shall mean a common wall partly constructed on the plot of land, and partly on the adjoining plot and serving both structurally ;(lvi)'Plinth' shall mean the portion of a structure between the surface of the surrounding ground and surface of the floor, immediately first above the ground ;(lvii)'Plinth Area' shall mean the built-up covered area measured at the floor level of the basement or of any storey ;(lviii)'Plinth level' shall mean the level of the ground-floor of a building above the surrounding ground ;(lix)'Plinth height' shall mean the height of the ground floor above the adjoining street level, measured from the level of the centre of the street ;(lx)'Plot' shall mean a parcel of land occupied or intended for occupancy by one main building, together with its accessory buildings and used customarily and incidental to it, including the open spaces required by these bye-laws and having frontage upon a street or upon a private way that has been approved by the authority having jurisdiction ;(lxi)'Premises' shall mean passages, buildings, lands, easements and hereditaments of any tenure ;(lxii)'Public sewer' shall mean a sewer constructed and maintained by Government or local authority ;(lxiii)'Rain Water Pipe' shall mean a pipe or drain situated wholly above ground and used or constructed to be used solely for carrying off rain water directly from roof surfaces ;(lxiv)'Rear air plane' shall mean the plane contained between the ground behind the building and the straight line drawn downwards and outwards from the line of intersection of the outer surface of any rear wall of the building with the roof perpendicular to that line, and at an angle 63½ degrees to the horizontal ;(lxv)'Row Housing' shall mean a row of houses with only front, rear and interior open spaces ;[(lxv-a) 'semi-ambulatory disabilities' mean impairments that cause individuals to walk with difficulty or insecurity, Individuals using braces or crutches, amputees, arthritics, spastics and those with pulmonary and cardiac ills may be semi-ambulatory;] [Added by Haryana Notification No. S.O. 95/H.A. 24/1973/Sections 200 and 214/2007. dated 16.11.2007.](lxvi)'Semi-detached Building' shall mean a building detached on three sides with open spaces ;(lxvii)[-] [Omitted vide Haryana Notification No. GSR 36/H.A. 24/1973/Sections 201, 202 and 214/95 dated 7.4.1995.](lxviii)'Set Back Line' shall mean a line usually parallel to the plot boundaries and laid down in each case by the municipality beyond which nothing can be constructed towards the plot boundaries ;[(lxviii-a) 'sight disabilities' mean total blindness or impairments affecting sight to the extent that the individual, functioning in public areas, is insecure or exposed to danger;] [Added by Haryana Notification No. S.O. 95/H.A. 24/1973/Sections 200 and 214/2007. dated 16.11.2007.](lxix)'Special Areas' shall mean the areas shown as such on the zoning plans in which architectural control sheet apply;(lxx)'Shear Wall' shall mean a wall designed to carry horizontal forces acting in its plane with or without imposed loads ;(lxxi)'Site' shall mean a parcel (piece) of land defined by definite boundaries;(lxxii)'Storage tank' shall mean a tank or a cistern for storage of water which is connected to the water main by means of a supply pipe ;(lxxiii)'Storey' shall mean any horizontal division of a building so constructed as to be capable of being used as living apartment, although such horizontal division may not extend over the whole depth or width of the building, but shall not include mezzanine floor ;(lxxiv)'Street' shall mean any highway, street, lane, pathway, alley, stairway passageway, carriageway, footway, square, place or bridge whether a thoroughfare or not, over which the public have a right, of passage or access or have passed and had access uninterruptedly for a specified period, whether existing or proposed in any scheme and includes all bonds, channels, ditches, stormwater drains, culverts, sidewalks, traffic islands, road side trees and hedges, retaining walls, fences, barriers and railings within the street lines ;(lxxv)'Street level' shall mean the officially established elevation or grade of the centre line of the street upon which a plot fronts and if there is no officially established grade, the existing grade of the street at its mid point ;(lxxvi)'Street line' shall mean the line defining the side limits of a street ;(lxxvii)'Structural Wall' shall mean a load bearing wall, i.e., a wall that carries load in addition to its own load ;(lxxviii)'Sub-soil drain' shall mean a drain used or constructed to be used solely for conveying to any sewer (either directly or through another drain) any water that may percolate through the sub-soil ;(lxxix)'Temporary Buildings' shall mean a building built of unburnt bricks, burnt bricks without mortar, corrugated iron bamboo thatch, wood, boarding or plywood but shall not include a building built of burnt bricks, cement blocks or stones laid in mortar ;(lxxx)'Unsafe building' shall mean those buildings which are structurally unsafe, insanitary or not provided with adequate means of egress or which constitute a fireazard or are otherwise dangerous for human life or which in relation to existing use constitute a hazard to safety or health or public welfare, by reason of inadequate maintenance, dilapidation or abandonment;(lxxxi)'Ventilation' shall mean the supply of outside air into a building through window or other openings due to wind outside and convection effects arising from temperature or vapour pressure difference (or both) between inside and outside of the building ;(lxxxii)'Water Closet' shall mean a privy with arrangement for furnishing the pan with water. It does not include a bath-room ;[(lxxxii-a) Water seal latrine shall mean a latrine with a minimum water seal of 20 mm in which excreta is pused in or flushed by water and is not required to be removed manually;] [Inserted by Haryana Notification No. GSR 36/H.A. 24/1973/Section 201, 202 and 214/95 dated 7.4.1995.][(lxxxii-b) 'Wheel chair' means chair used by disabled people for mobility. The standard size of wheel chair shall be taken as 1050 millimeter x 750 millimeter;] [Added by Haryana Notification No. S.O. 95/H.A. 24/1973/Sections 200 and 214/2007. dated 16.11.2007.](lxxxiii)'Zoning Plan' shall mean the detailed layout plan of the municipal area or part thereof maintained in the office of the municipality showing the sub-division plots, open spaces, streets, position of protected trees and other features in respect of each plot, permitted land use, building lines and restriction with regard to the use and development of each plot in addition to those laid down in the building bye-laws ;(lxxxiv)'Words and expressions' not defined in the bye-laws shall have the same meaning as are assigned to them in the Haryana Municipal Act, 1973.Part-II Procedure for submission of application for building permit and execution of works.[3. Application for erection or re-erection of building. - (1) Any person intending to erect or re-erect any building in municipality shall make an application in writing through an architect registered with the Council of Architecture and empanelled with concerned municipality of the Executive Officer or Secretary, as the case may be, in Form BR I accompanied with a certificate in Form BR III and the following documents in quardruplicate :(a)a site plan as required by bye-law 4;(b)a building plan or plans as required by bye-law 5; and(c)details of specifications of the work to be executed in Form BR II :Provided that one copy of the plan shall be mounted on cloth and one copy shall be on the tracing paper :Provided further that if the application is made through an architect empanelled with the municipality who is also registered with the Council of Architecture, accompanied by a certificate that the building plans conform to the provisions of the Haryana Municipal Building Bye-laws, 1982, as amended to date, he shall supervise the construction to ensure that the building constructed is in accordance with the plan certified and submitted by him. Such plans shall be sanctioned by the municipality concerned within fifteen working days after submission of application. In such cases scrutiny of the municipality shall be limited to the verification of ownership of premises :Provided further that in case of building plans of multiplex, shopping mall or any other specialised activity for which State Government has framed policy, the application through municipality concerned shall be made to the Director, along with prescribed scrutiny fee. The Director shall accord the permission after getting the approval of the State Government and depositing the conversion charges, licence fee, service charges and external development charges fixed by Government from time to time.
(2)The application, plans and specifications shall be signed by the applicant and the architect.
(3)A refundable amount as mentioned in the Schedule VII, shall be deposited by the applicant with the application. This amount shall be refundable to the applicant after the issue of the completion certificate and after satisfying the Executive Officer or the Secretary, as the case may be, or his representative, regarding clearance of the site and removal of debris therefrom :Provided that if debris is not removed within thirty days of the completion of the building, the aforesaid amount shall be forfeited.] [Substituted by Haryana Notification No. S.O. 95/H.A. 24/1973/Sections 200 and 214/2007. dated 16.11.2007.]