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State of Tamilnadu - Section

Section 35 in Tamil Nadu Combined Development and Building Rules, 2019

35. Planning Parameters for Non High Rise Buildings.

(1)All Buildings not exceeding 18.30m. in height,-
(a)The minimum road width, FSI, set back etc. for Non High Rise buildings up to 16 dwellings or such other small developments like commercial, nursery school, primary schools, religious buildings and cottage industries up to 300 sq.mts. shall be regulated according to the table below:
No Description Continuous Building Areas Economically weaker Section Areas Other area
1 2 3 4 4
A Minimum road width 1.5m 105m 3.0m up to 6.0 m 6.0m and above
B Maximum Height GF + 2F or Stilt + 3F subject to a maximum of 12mheight GF + 1F or Stilt + 2F subject to a maximum of 9mheight GF + 2F or Stilt + 3F subject to a maximum of 12mheight
C Maximum number of dwelling units/commercial use up to 16 dwellings or up to 300 square meters ofcommercial use up to 16 dwellings up to 8 dwellings up to 16 dwellings or up to 300 square meters ofcommercial use
D Normally Permissible FSI 2.0
E Minimum Set backs Where Street Alignment/new road is prescribed, it shall befrom that street alignment/new road line. In the case of others,it shall be from the property boundary.
(i) Front set back 1.5m 1.0m Abutting road width Front set back
Upto 9.0m. 1.5m
More than 9.0m. up to 18m. 3.0m.
More than 18m. up to 30.5m 4.5m.
More than 30.5m. 6.0m.
(ii) Side Set back Nil Height of the building Plot width SSB
Upto 7m. Up to 9m 1m on one side
Above 9m 1m on either side
More than 7m. up to 12m. Up to 6m 1m on one side
Above 6m, upto 9m 1.5m on one side
Above 9m 1.5m on either side
(ii) Rear Set back Nil Height of the building RSB
Upto 7m. Nil
More than 7m. up to 12m. 1.5m.
(b)The minimum road width, FSI, set back etc. for Non High Rise buildings up to 18.30m height and exceeding 16 dwelling units and exceeding 300 square meters of commercial building shall be regulated according to the table below:
Sl No Description Continuous Building Areas Other areas
1 2 3 4
A Minimum road width 9.0 m
B Maximum Height 18.30 m
C Normally Height 2.0
D Minimum Set backs Where Street Alignment/new road is prescribed,it shall be from that street alignment/new road line. In the caseof others, it shall be from the property boundary.
(i) Front set back Abutting road width FSB
from 9.0m. up to 18m. 3.0m.
More than 18m. up to 30.5m 4.5m.
More than 30.5m. 6.0m.
(ii) Side Set back/Rear Set back Nil Height of the building SSB/RSB
Upto 7m. 1.0m.
More than 7m. up to 12m. 1.5m.
More than 12m. up to 16.0m. 2.5m.
More than 16m. up to 18.30m. 3.0m.
(c)Passage
Description Passage width
A. Non High Rise buildings up to 12m height
If the site does not directly about a public road but gainsaccess through a private passage or through a part of the plotwhich can be treated as a passage from a public road of minimumwidth as prescribed above, the minimum width of such passageshall be as follows:
  When it is intended to 8 dwellings (a) CBA/EWS areas - 1 m
(b) Other areas - 3 m
B. Non High Rise buildings exceeding 12.0m inheight up to 18.30m height or exceeding 16 dwelling units
If the site does not directly about a public road but gainsaccess through a private exclusive passage or through a part ofthe plot which can be treated as a passage from a public road ofminimum width as prescribed above, the minimum width of suchpassage shall be as follows:
(i) When it is intended to 8 dwellings or up to 600square meters of commercial building and the length of thepassage does not exceed 80 meters. 3.6 meters
(ii) When it is intended to serve up to 12 dwellingsor up to 2,400 square meters of commercial building and thelength of the passage does not exceed 100 meters. 4.8 meters
(iii) When it is intended to serve not more than 16dwellings or up to 3000 square meters of commercial building andthe length of passage does not exceed 120 meters. 6 meters
(iv) When it is intended to serve not more than 20dwellings or up to 6000 square meters of commercial building andthe length of passage does not exceed 120 meters. 7.2 meters
(v) When it is intended to serve more than 20dwellings or more than 6000 square meters of commercial building. 9 meters
Explanation 1. - (i) Road width means the road space as defined in Rule 2(103). The qualifying road width for permitting non High Rise buildings with more than 12 m height up to 18.30m shall be available at-least for a prescribed length of 250m in the case of CMA and other Municipal Corporations and 100m for the other areas along the length of the road abutting the site and the stretch from a junction can be straight or a curve or zigzag or combination of the above.
(ii)In the event of the road width being less than the qualifying width in certain portions then the total length of such portions shall not be more than 10% of the prescribed length. In such cases the average road width for the prescribed length shall be equal or above the qualifying width.
(iii)In the event of the sub-division for qualifying road not being incorporated in the Field Measurement Book sketch, in such cases road width certificate shall be obtained from the concerned Executive Authority of Local Body.
(iv)In the event of variation of site extent and dimension of the site between Patta and document the least extent of the site to be considered along with site dimension corresponding to the least extent.
Explanation 2. - (i) In the event of more than one block on Non High Rise Building in a site, then the distance between one block for building up to 12m in height shall be 3.0m and for buildings more than 12m height up to 18.30m in height shall be 6.0m.
(ii)In the event of more than one block with varying height in a site, the setback of each block shall be regulated in accordance with the height of the building.
(iii)The maximum height of the building shall not exceed 18.30 meters provided water tanks, chimneys, Architectural features such as flag masts, gopurams, minarets, steeples and other ornamental structures which are not intended for human habitation may be permitted subject to a ceiling of 30.5 meters from ground level.
(iv)Where a site abuts more than one road, then the front setback shall be insisted with reference to wider road width and for the remaining side or sides the side setback space or rear setback space shall be insisted as per the above rules provided in the case of CBA minimum set back of 1m.
(v)In CBA, there shall be at-least 1m wide internal passage from rear to front in ground level or ground floor, directly accessible to road
(vi)The minimum road width for conference halls and multi stored parking lots and Air-conditioned cinema theaters shall be 12m. For Community or Kalyana mandapams or Exhibition Hall shall be 15m. For star hotels and multiplex or Malls shall be 18m.
(vii)For public buildings such as Kalyana mandapam assembly halls, exhibition halls, hospitals, nursing homes, hotels, lodging houses, cinema theaters, multiplex or malls etc. set back all around shall not be less than 6m.
(viii)FSI benefit shall be permitted for the land left for OSR, link road, street alignment or road widening wherever it is insisted upon by competent authority.
(ix)FSI benefit shall not be permitted for the land left for road widening to make the road as qualifying road for the proposed development.
(x)FSI benefit for the OSR area in the approved sub-division shall be permitted in proportionate to the plot extent.
(2)Structures permissible in the minimum prescribed set back spaces are given in rule 28.
(3)The minimum width of corridor shall be as given in rule 42.
(4)Parking spaces shall be provided within the site conforming to standards prescribed in the Annexure - IV.
(5)Rainwater harvesting provisions as prescribed in the Annexure - XXII.
(6)Special regulations for physically disabled provided in the rule 43 shall be adhered to.
(7)Solar energy capture provisions as prescribed in the regulations given in rule 44 shall be provided where applicable.
(8)The reservation of land for community recreational purposes such as park or play ground required in these regulations shall be as given in the rule 41.
(9)Internal vehicular access way including passage if any within the site shall a clear width of 7.2 m and such vehicular access shall be available for every building block in the site within a distance of 50 meters. Further, it shall be a clear open to sky and no projection of structure over it is permissible.
(10)If the building is constructed on stilts and the stilt floor is to be used for parking, it shall not be enclosed, if it is enclosed it shall be counted for FSI.
(11)Every Non High Rise building development exceeding 900 sq.m in floor area shall be provided with electrical room in ground floor or open space at ground level within the premises to accommodate electrical transformer conforming to rule 46.
(12)If a Non High Rise building contains more than one use and the allow-ability of the built space with reference to the abutting road width and exclusive passage width shall be decided based on the number of dwellings for the residential use and equivalent floor area allowable for commercial and other uses.
(13)Vehicular ramp in setback spaces around a Non High Rise Building may be permitted subject to the condition that the clearance of the proposed ramp from the property boundary or street alignment shall be minimum 1.5 meters and a clear motor able driveway of minimum 3m. in width is available around the building.
(14)The structures incidental to the main activities such as water closet or pump room, transformer room, transformer yard, electrical room shall not be construed as individual blocks for the purpose of these rules.
(15)In areas where sewage system provided by the local body concerned is not available
(a)where number of dwelling units exceeds 50 nos. or 2500sq.m. of commercial area sewage treatment plant shall be provided and maintained for the disposal of the sewage within the site itself as per the designs approved by such other Technical agencies as Government may impaneled from time to time.
(b)where number of dwelling units is less than 50 nos. or 2500sq.m. of commercial area, septic tank with up-flow filters shall be provided and maintained for the disposal of the sewage within the site itself.
(16)Any construction with roof over it in the terrace floor for A.C. Plant or structures shall be counted, as a floor and categorization of type of building shall be done accordingly.
(17)In residential or predominantly residential developments with dwelling units exceeding 100 in number, the design should include waste management infrastructure and at-least a closed non polluting storage provision for solid waste storage within the premises preferably with direct access from the abutting road shall be provided so that the local body can collect this stored waste from it.
(18)In residential or predominantly residential developments, provision for at-least one, bath room and water closet shall be provided for the use of servants or drivers, for each block exceeding 25 Dwelling units.
(19)The space set apart and notified for formation of a new road or road widening or street alignment shall be transferred to the local body through a registered Gift Deed before actual issuance of Building Permit. The exact mode of conveyance of the land shall be consistent with the relevant enactment and regulations. In such cases 'Transfer of Development Rights' (TDR) provisions of the rule 48 shall be applicable.
(20)Basement Floor. - (a) The height of basement floor shall not exceed 1.2 meters above ground level and the headroom shall be minimum 2.4 meters.
(b)No part of the basement shall be constructed in the minimum required set back spaces, required for the movement of fire fighting vehicles or equipments.
(c)In cases where second basement is proposed for parking and incidental uses, sufficient provision for lighting and ventilation and also for protection from fire to the satisfaction of Directorate of Fire and Rescue Services shall be made.
(d)During the construction of the basement floor, it shall be the sole responsibility of the Building Permit holder to ensure that the building or structure in the adjoining sites are not weakened or damaged.
(21)Security Deposit. - The applicant (not being a Government department or agency) shall deposit a sum at the rate of 50% of the infrastructure and amenity charges in force per square meter of floor area as a refundable non-interest earning security and earnest deposit. The deposit shall be refunded on completion of development as per the approved plan as certified by Competent Authority; if not, it would be forfeited.
(22)Display Board. - (a) The details of the development for which planning permission is issued, shall be displayed in the site in the format as prescribed in Rule 10(7) of these regulations.
(b)The applicant not being a Government department or agency shall pay a sum of Rs. 10,000/- (Rupees ten thousand only) as earnest money non interest bearing refundable deposit and same should be utilized for the purpose of installing the display board as prescribed in Rule 10(8) on the site by Local body, in the event of the applicant not fulfilling the conditions stated in (a) above.
(c)If the applicant fulfills the conditions (a) above, the deposit shall be refunded after production of the completion certificate.
(23)In cases of Hospital Buildings with Ground Floor/Stilt Floor + First Floor and above and floor area exceeding 300 sq.m. in each floor, the special provisions for Hospital Buildings prescribed in Annexure - IX shall be adhered to.
(24)Affordable Housing. - (a) Development for affordable housing projects with size of dwelling unit not exceeding 40 sq.m within Chennai Metropolitan Area and dwelling unit with size not exceeding 60 sq.m in the rest of state shall be regulated according to provisions stipulated above.
(b)Premium FSI charges shall not be collected for the excess FSI area over and above normally permissible FSI area for affordable housing projects.