Section 2 in Tamil Nadu Combined Development and Building Rules, 2019

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State of Tamilnadu - Section

Section 2 in Tamil Nadu Combined Development and Building Rules, 2019

2. Definitions.

- In these Rules, unless there is anything repugnant in the subject or context,-

(1)"Access" means way to a plot or a building;

(2)"Accessory Use" means any use of the premises subordinate to the principal use and customarily incidental to the principal use;

(3)"Act" means the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972), the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919), the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971), the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981), the Tiruchirapalli City Municipal Corporation Act, 1994 (Tamil Nadu Act 27 of 1994), the Tirunelveli City Municipal Corporation Act, 1994 (Tamil Nadu Act 28 of 1994), the Salem City Municipal Corporation Act, 1994 (Tamil Nadu Act 29 of 1994), the Tiruppur City Municipal Corporation Act, 2008 (Tamil Nadu Act 7 of 2008), the Erode City Municipal Corporation Act, 2008 (Tamil Nadu Act 8 of 2008), the Vellore City Municipal Corporation Act, 2008 (Tamil Nadu Act 26 of 2008), the Thoothukudi City Municipal Corporation Act, 2008 (Tamil Nadu Act 27 of 2008), the Thanjavur City Municipal Corporation Act, 2013 (Tamil Nadu Act 24 of 2013), or the Dindigul City Municipal Corporation Act, 2013 (Tamil Nadu Act 25 of 2013) and the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994);

(4)"Addition and/or Alteration" means a change from one occupancy to another, or a structural change including an addition to the area or change in height or the removal of part of building, or any change to the structure, such as the construction or removal or cutting into of any wall or part of a wall, partition, column, beam, joist, floor including a mezzanine floor or other support, or a change to or closing of any required means of access ingress or egress or a change to fixtures or equipment" as provided in these Rules;

(5)"Advertising Sign" means any surface or structure with characters, letters or illustrations applied thereto and displayed in any manner whatsoever outdoors for the purpose of advertising or giving information or to attract the public to any place, person, public performance, article, or merchandise, and which surface or structure is attached to, forms part of, or is connected with any building, or is fixed to a tree or to the ground or to any pole, screen, fence or hoarding or displayed in space, or in or over any water body included in the jurisdiction of the competent authority;

(6)"Air-conditioning" means the process of treating air so as to control simultaneously its temperature, humidity, purity, distribution and air movement and pressure to meet the requirements of the conditioned space;

(7)"Amenities" shall have the same meaning as defined in Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972);

(8)"Application" means an application made in such form as may be specified by the authority from time to time;

(9)"Approved" means approved or sanctioned by the Authority under these Rules.

(10)"Area" In relation to a building means the superficies of a horizontal section thereof made at the plinth level inclusive of the external walls and of such portions of the party walls as belong to the building;

(11)"Assembly Building" means any building or part of a building, where 50 persons or more congregate or gather for amusement, recreation, social, religious, patriotic, civil, travel or other purposes and includes theaters, motion picture houses, assembly halls, Kalyana mandapams, convention centers, auditoria, exhibition halls, museums, skating rinks, large gymnasiums, places of worship, dance halls, club rooms, passenger stations, stadia and terminals of air, surface and marine, public transportation services;

(12)"Auxiliary" means electrically operated or fuel fired boilers or systems to heat water coming out from solar water heating system to meet continuous requirement of hot water;

(13)"Balcony" means a horizontal projection, cantilevered or otherwise including a parapet" handrail, balustrade, to serve as a passage or sit out place;

(14)"Basement or Cellar" means the lower store or stores of a building below or partly below ground level with majority of its headroom below ground level;

(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. Tents, shamianahs, pandals, tarpaulin shelters and the like erected for temporary and ceremonial occasions shall not be considered as building;

(16)"Building Line" shall have the same meaning as defined in the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972);

(17)"Carpet Area" The covered area of the usable rooms of a dwelling unit at any floor excluding the area of the walls;

(18)"Canopy or portico or porch" means a cantilever projection at lintel level or ground floor roof level over an entrance of a building and includes cantilever projection anywhere between lintel and roof level;

(19)"Chimney" means an upright shaft containing one or more flues provided for the conveyance to the outer air of any product of combustion resulting from the operation of heat production appliance or equipment employing solid, liquid or gaseous or any other fuel;

(20)"Competent Authority" means an authority as specified in rule 5 of these rules;

(21)"Construction" means any erection of a structure or a building, including any addition or extension thereto either vertically or horizontally, but does not include, any reconstruction, repair and renovation of an existing structure or building, or construction, maintenance and cleansing of drains and drainage works and of public latrines, urinals and similar conveniences or the construction and maintenance of works meant for providing supply of water for public or the construction or maintenance, extension, management for supply and distribution of electricity to the public or provision for similar facilities for publicity;

(22)"Conversion of Building Occupied" means the change from one occupancy to other occupancy or any change in building structure or part thereof resulting in a change of space and use requiring additional occupancy certificate;

(23)"Conversion of Land Use" means the change from one category of land use to another category of land use in the Master Plan and Detailed Development Plan and New Town Development Plan;

(24)"Courtyard" means a space permanently open to sky, enclosed fully or partially by buildings and may be at ground level or any other level within or adjacent to a building;

(25)"Covered Area" means ground area covered by the building above the plinth level and includes parts of the building projecting out in other store, including basement floor levels;

(26)"Corridor" means a common passage or circulation space within a building;

(27)"Continuous building" means buildings constructed without any side set back including row type housing;

(28)"Cyclone Prone Areas" mean the areas close to the coast as specified in the wind velocity map given in I.S. 875, where the cyclonic wind velocities exceed 39 meters per second and prone to cyclonic storms;

(29)"Damp Proof Course" means a course consisting of some appropriate water proofing material provided to prevent penetration of dampness or moisture;

(30)"Dead Load" means the weight of all permanent stationary construction becoming part of a structure;

(31)"Development" shall have the same meaning as defined in Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972);

(32)"Deemed Approval" means a clearance deemed to have given by the competent authority on the expiry of time limit for providing such clearance in the absence of sufficient and reasonable cause for not clearing the application within the time limit;

(33)"Drain" shall have the same meaning as defined in Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act of 1920) or the respective City Municipal Corporation Act;

(34)"Drainage system" means a system or a line of pipes, with their fittings and accessories, such as manholes, inspection chambers, traps, gullies, floor traps used for drainage of building or yards appurtenant to the buildings within the same cartilage and includes an open channel for conveying surface water or a system for the removal of any waste water;

(35)"Dwelling Unit" means an independent housing unit with separate facilities for living, cooking and sanitary requirements, and may be a part of a building;

(36)"Earthquake Prone Areas" mean the areas as specified in the map given IS: 1893 under seismic zones III, IV & V, which are likely to have moderate to high damage risk due to earthquake;

(37)"Encroachment" means an act to enter into the possession or rights either of permanent or temporary nature on a land or built up property of local body or State or Central Government;

(38)"Exit" means a passage channel or means of egress from the building, its store or floor to a street or, other open space of safety whether horizontal, outside and vertical exits meaning as under:-

(i)Horizontal exit means an exit, which is a protected opening through or around a fire well or bridge connecting two or more buildings.

(ii)Outside exit mean an exit from building to a public way to an open area leading to a public way or to an enclosed a fire resistant passage leading to a public way.

(iii)Vertical exit means an exit used for ascending or descending between two or more levels including stairway, fire towers, ramps and fire escapes;

(39)"External Wall" means an outer wall or vertical enclosure of any building;

(40)"Farm House" means a building constructed for incidental use in an agriculture or horticulture farm and any building constructed but not associated with the farm activities shall not be construed as a "farm house" for the purposes of these Rules;

(41)"Fire and/or Emergency Alarm System" means an alarm system comprising of components for manually or automatically detecting a fire, initiating an alarm of fire and initiating other actions as appropriate;

(42)"Fire Lift" means a special lift designed for the use of fire service personnel in the event of fire or other emergency;

(43)"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 period;

(44)"Fire Pump" means a machine, driven by external power for transmitting energy to fluids by coupling the pump to a suitable engine or motor, which may have varying outputs or capacity but shall be capable of having a pressure of 3.2kg/cm2 at the topmost level of the High Rise building;

(45)"Fire Resistance means the time during which a fire resistant material i.e. material having a certain degree of fire resistance, fulfills its function of contributing to the fire safety of a building when subjected to prescribed conditions of heat and load or restraint;

(46)"Fire Resistant Building" means a building in which material, which has appropriate degree of fire resistance is used;

(47)"Flood Prone Areas" means areas likely to have significant flood flow inundation notified by the concerned Authority from time to time, as flood prone areas which may be modified or added or deleted when necessary by due notification;

(48)"Floor Space Index (FSI)" means the quotient obtained by dividing the total covered area (plinth) on all floors excepting the areas specifically exempted under these rules, by the Plot Area and is represented by this formula.-

FSI =| Total covered area on all floorsPlot Area

(49)"Footing" means a foundation unit constructed in brickwork, stone masonry or concrete under the base of a wall or column for the purpose of distributing the load over a larger area;

(50)"Foundation" means that part of the structure, which is in direct contact with ground and transmits loads over it;

(51)"Framed Building" means a building in which the loads either dead or live are carried by timber, steel or reinforced concrete framing;

(52)"Gallery" means an intermediate floor or platform projecting from a wall of an auditorium or a hall providing extra floor area, and or additional seating accommodation and includes the structures provided for seating in stadia;

(53)"Garage-Private" means a building or a portion thereof designed and used for the parking of vehicle;

(54)"Garage-Public" means a building or portion thereof, designed other than as a private garage, operated for gain, designed and or used for repairing, servicing, using, selling or storing or parking motor driven or other vehicles;

(55)"Government means the State Government;

(56)"Habitable Room" means 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 store pantries, corridors, cellars, attics, and spaces that are not used frequently or during extended periods;

(57)"Height of the Building" means the height measured generally from the formed ground level within the plot abutting the road or passage excluding ramp if any within the plot up to to the roof level of the topmost livable floor. In the case of pitched roof, height of the building means the height measured from the ground level stated above up to the point where external surface of outer wall intersects the finished surface of the sloping roof, and in the case of gables facing the road, the midpoint between the eave's level and the ridgeExplanation. - Stair-case head rooms, lift rooms, solar panels, elevated tanks and also water closet (with floor area not exceeding 10sq.m.) above topmost floor, and also architectural features, and parapet walls of height up to 1.5 meter shall not be included in calculating the height of building. In cases where earth filling is made or proposed within the site above the average level of the abutting street or road, then the height of building shall be reckoned from the filled up ground level around the building provided such filling does not exceed 1 meter above the average level of the abutting street or road;

(58)"High Rise Building" means a building exceeding 18.30m height;

(59)"Hut" means any building which is constructed principally of wood, mud, leaves, grass, thatch or metallic sheets and includes any temporary structure of whatever size or any small building of whatever material made which the council may declare to be a hut for the purpose this rule;

(60)"Illuminated Exit Signs" means a device for indicating the means of escape during normal circumstances and power failure;

(61)"Layout" means laying out and division of land into plots exceeding eight in number, for various uses with introduction of new road or roads for public uses;

(62)"Live Load" means all loads except dead loads that may be imposed on a structure and wind loads will also be considered as live loads;

(63)"Lift or Elevator" means an appliance designed to transport persons or materials between two or more levels in a vertical or substantially vertical direction by means of a guided car or platform;

(64)"Load Bearing Wall" means wall that carries dead load other than its own weight;

(65)"Lobby" means a covered space in to which all the adjoining rooms open;

(66)"Local Body" means Corporation of Chennai, Municipal Corporation, Municipality, Town Panchayat or a Village Panchayat;

(67)"Loft" means an intermediate floor between two floors or a residual space in a pitched roof above normal level constructed for storage with maximum clear height of 1.5 meters;

(68)"Masonry" means an assemblage of masonry units properly bound together by mortar;

(69)"Master Plan" means a plan approved by the Government under section 28 of the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972);

(70)"Means of Escape" means an escape route provided in a building for safe evacuation of occupants;

(71)"Mezzanine floor" means an intermediate floor between two floors above ground level subject to the following:-

(i)The area of mezzanine floor is restricted to 1/2 of the area of the floor immediately below.

(ii)The height of the mezzanine floor shall be minimum 2.2 meters for non-habitable purposes and 2.5 meters for habitable purposes; and

(iii)The head room height of the remaining part of the said floor shall be the total of the height of the mezzanine floor and the space below the mezzanine floor;

(72)"Miniature Circuit Breaker or Earth Leakage Circuit Breaker" means a devices for tripping of electrical circuits in event of any fault in the circuit or installation;

(73)"Mitigation" means the measures taken in advance of a disaster aimed at decreasing or eliminating its impact on society and on environment, including preparedness and prevention;

(74)"Non Combustible Material" means a material which is not liable to burn or add heat to a fire when tested for combustibility in accordance with the latest code of Bureau of Indian Standards Method of Test for combustibility of Building Materials;

(75)"Occupancy or use" means the principal occupancy or use for which a building or a part of a building is intended to be used. 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;

(76)"Natural Disaster" means a serious disruption of the functioning of a society, causing widespread human, material or environmental losses caused due to earthquake, cyclone, flood, tsunami, landslide and similar event which exceeds the ability of the affected society to cope using only its own resources;

(77)"Natural Hazard" means the possibility or probability occurrence of a natural event, within a specific period of time in a given area, having potential for damaging widespread area;

(78)"Natural Hazard Prone Areas" means the areas likely to have,-

(i)moderate to very high damage risk zone of earth quakes or

(ii)moderate to very high damage risk of cyclones or

(iii)significant flood flow or inundation, or

(iv)Tsunami proneness or

(v)Landslide proneness or potential, or

(vi)One or more of these hazards;

(79)"Non-Structural Component" means the components of buildings, which do not contribute to the structural strength or stability such as infill walls in Reinforced Cement Concrete frame buildings, glass panes, cladding's, parapet walls, chimneys etc;

(80)"Parapet" means a low wall or railing built along the edge of a roof or a floor;

(81)"Parking space" means an enclosed or unenclosed covered or open area sufficient in size to park vehicles, which is served by a driveway connecting to a street or alley and permitting ingress and egress of vehicles;

(82)"Partition" means an interior non-load bearing barrier, one store or part-store in height.

(83)"Partition Wall" means a wall which supports no load other than its own weight and includes;

(i)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 constructed or adopted to be occupied by different persons; or

(ii)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 or ground of different owners;

(84)"Passage" means circulation space on land leading from a street or road to the plot or site;

(85)"Permit" means a valid permit or authorization in writing by the competent authority to carryout development or a work regulated by these rules;

(86)"Plinth" means the portion of a structure between the surface of the surrounding ground and surface of the floor immediately above the ground;

(87)"Plinth Area" means the built up covered area measured at the floor level of the basement or of any store;

(88)"Plot or site Area" means the area of a contiguous parcel of land enclosed by definite boundaries over which the applicant has legal right for development and includes part of the site used as exclusive passage, open space reservation area and internal roads within the boundaries;

(89)"Plot coverage" means the extent to which the plot is covered with a building or structure 12-noon shadow and expressed as a percentage of the ratio of the built up area to the plot area, excluding the floor area exempted from the computation of plot coverage as given in rule 29;

(90)"Private Street" shall have the same meaning as defined in the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920);

(91)"Prohibited Area" means any area specified or declared to be a Prohibited Area under the relevant Act by the Central or State Government from time to time;

(92)"Protected Monument" means an ancient monument which is declared to be of national importance by or under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (Central Act 24 of 1958);

(93)"Public Buildings" shall have the same meaning as defined in Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972);

(94)"Public Street" shall have the same meaning as defined in Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920);

(95)"Qualified Professional" means a professional registered under rule 23 of these Rules;

(96)"Quality Control" means control construction quality and to control of variation in the material properties and structural adequacy;

(97)"Quality Assurance" means all planned and systematic actions necessary to ensure that the final product i.e. structure or structural elements will perform satisfactorily during service life;

(98)"Quality Audit" means a requirement for an independent, third party assessment of the quality and seismic or cyclone resistant features of all the High Rise Building and especially in earthquake zone-III and coastal areas of the State. The quality audit report shall consist of conformance or non-conformance of structures with the technical specifications for prevention of progressive collapse during earthquake, cyclone or any other accidental load resistance and to suggest remedies/rectification if any;

(99)"Reconstruction" shall have the same meaning as defined in the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972);

(100)"Reconstitution of plots" shall have the same meaning as defined in Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972);

(101)"Regulated area" means any area specified or declared under section 20B under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (Central Act 24 of 1958);

(102)"Retrofitting" means upgrading the strength of an unsafe building by using suitable engineering techniques;

(103)"Road/Street Width" means any highway, street, service road lane, pathway, alley, stairway, passageway, carriageway, footway, flyover, square, place or bridge over which the public have a right of passage or access or have passed and have access uninterruptedly and includes all bunds channels, ditches, storm water drains, culverts sidewalks, traffic islands, roadside trees and hedges, retaining walls, fences, barriers and railing within the street lines;

(104)"Room Height" means the vertical distance measured from the finished floor surface to the finished ceiling;

(105)"Row Housing/Row type Building" (Continuous Building) means a row of house or buildings with only front and rear open spaces;

(106)"Service Road" means a road or lane provided at the front, rear or side of a plot for service purpose;

(107)"Set back" means the open space across front or sides or rear of a plot between the building and street alignment or boundary of the plot as the case may be;

(108)"Stilt floor" means a part or whole of floor at ground level or the height above the ground level described in these Rules as the building is on stilts;

(109)"Street Alignment" shall have the same meaning as defined in the Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972);

(110)"Structural Component" means component of buildings which contributes to strength and stability of structures under no circumstances these are permitted to be damaged or partially or totally removed;

(111)"Structure" means something constructed or built having a fixed base on or other connection to the ground or other structure;

(112)"Site Corner" means a site at the junction of and fronting on two or more intersecting roads or streets;

(113)"Site Depth" means the mean horizontal distance between the front and rear site boundaries;

(114)"Site Plan" means a detailed Plan showing the proposed placement of structures, parking areas, open space, landscaping, and other development features, on a parcel of land, as required by specific sections of the development code;

(115)"Site with Double frontage" means a site having frontage on two streets other than corner plot;

(116)"Store" means the part of a building between the upper surface of the floor and upper surface of the floor next above or the underside of roof;

(117)"Spiral Staircase" means a staircase forming continuous winding curve round a central point or axis provided in an open space having tread without risers;

(118)"Sub-division" means division of land into plots not exceeding eight in number;

(119)"Tsunami Prone Areas" means an area affected in the past or an area likely to be affected in the future by tsunami, as identified and notified by the Local body as tsunami prone areas;

(120)"Un-authorised Construction" means the erection or re-erection, addition or alterations which are not approved or sanctioned by the competent authority;

(121)"Underground or Overhead Water Tank" means an installation constructed or placed for storage of water;

(122)"Ventilation" means supply of outside air into, or the removal of inside air from an enclosed space, which includes -

(i)Natural Ventilation - Supply of outside air into a building through window or other openings due to wind outside and convection effects arising from temperature or vapor pressure differences (or both) between inside and outside of the building.

(ii)Positive Ventilation - the supply of outside air by means of a mechanical device, such as a fan.

(iii)Mechanical Ventilation - Supply of outside air either by positive ventilation or by infiltration by reduction of pressure inside due to exhaust of air, or by a combination of positive ventilation and exhaust of air.

(123)Verandah" means a covered area with at least one side open to the outside with the exception of 1.2 m high parapet to be provided on the open side. It can be a covered one by grill or jolly works, without reducing natural lighting and ventilation;

(124)"Water Closet (W.C)" means a water flushed plumbing fixture designed to receive human excrement directly from the user of the fixture and the room or compartment in which the fixture is placed;

(125)"Window" means an opening to the outside other than a door, which provides all or part of the required natural light or ventilation or both to an interior space and not used as a means of egress or ingress;

(126)words and expressions used and not defined in these Rules unless the context otherwise requires shall have the meaning as defined in the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972), Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) in the cases of municipalities and town panchayats, the concerned Municipal Corporation Act in the cases of Municipal Corporation and the Tamil Nadu Panchayat Act 1994 (Tamil Nadu Act 21 of 1994) in the cases of Village Panchayats.

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State of Tamilnadu - Section

Section 2 in Tamil Nadu Combined Development and Building Rules, 2019

2. Definitions.