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State of Tamilnadu - Section

Section 39 in Tamil Nadu Combined Development and Building Rules, 2019

39. Special rules for High Rise Buildings.

(1)Areas set apart for High Rise building developments in Chennai Metropolitan Area are given in Annexure - XIX. In rest of the State, High Rise buildings are permissible except in areas specifically declared as prohibited area for construction of High Rise Buildings in the Master Plan or Detailed Development Plan or as may be declared by the local body in other areas with the approval of the Directorate of Town and Country Planning or Government from time to time.
(2)Road width. - The site shall either abut on a road not less than 18 meters in width or gain access from public road not less than18 meters in width through a part of the site which can be treated as an exclusive passage of not less than 18 meters in width.Provided further that High Rise building may be permitted with limitations on maximum FSI of the building on a site abutting or gaining access from a public road of min. 12 m or 15 m in width, or gain access from public road not less than 12 m or 15 m in width through an exclusive passage of not less than 12 m or 15 m in width, subject to compliance of the planning parameters according to the table below
(3)The extent of the site, FSI, Set back etc. for High Rise Buildings shall be regulated according to the table below:
Sl. No Description All Areas
A. Minimum Road width 12m. 15m. 18m.
B. Normally Permissible FSI 2.0 2.5 3.25
C. Maximum Coverage 50%
D. Minimum set back all around Height of the building above ground level Minimum required setback space from the propertyboundary
Upto 30m. 7m.
    Above 30m. For every increase in height of 6m or partthereof above 30m minimum extent of setback space to be leftadditionally shall be one meter subject to the maximum setback of20m.
E. Spacing between blocks in case of more than oneblock of High Rise building Height of the building above ground level Minimum required spacing between blocks
Upto 30m. 7m.
Above 30m. For every increase in height of 6m. or parthereof above 30m. space to be left additionally shall be onemeter subject to the maximum setback of 20m.
Explanation 1. - (i) Road width means the road space as defined in clause (103) of rule 2. The qualifying road width for permitting High Rise buildings with more than 18.30m shall be available at-least for a prescribed length of 500m in the case of Chennai Metropolitan Area and other Municipal Corporations and 250m 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 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.
(v)In the cases where street alignment has been prescribed, the front open space shall be left from the street alignment.
Explanation 2. - (i) 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.
(ii)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.
(iii)FSI benefit shall not be permitted for the land left for road widening to make the road as qualifying road for the proposed development.
(iv)FSI benefit for the OSR area in the approved sub-division shall be permitted in proportionate to the plot extent.
(4)
(a)The space specified above shall be kept open to sky and free from any erection or projection such as sunshade or balcony of any building other than a fence or compound wall provided that these open yards may be used for the provision of access ways to the building's parking facilities.
(b)A watchman or caretaker booth or Kiosk not exceeding 2.5m.x 2.5m. in size at each gate and not exceeding 3m. in height and open transformer yard shall be permitted in the set back space after leaving 7 meters clear set back from the main structure.
(c)Gate pillars without or with arches with a min. headroom clearance of 5.50m at-least to a width of 3.5m. shall be permitted in the set back space after leaving 7 meters clear set back from the main structure.
(5)Parking and Parking facilities. - For the use of the occupants and of persons visiting the premises for the purposes of profession, trade, business, recreation or any other activity parking spaces and parking facilities shall be provided within the site to the satisfaction of the competent authority and conforming to standards prescribed in the Annexure - IV.
(6)Vehicular access within the site. - Internal vehicular access way including passage if any within the site shall have a clear width of 7.2m. and such vehicular access way shall be available for every building block in the site. Further, it shall be a clear width open to sky and no projection in structure over it is permissible.
(7)Corridor width. - The corridor serving as access for units in the development in whichever floor they may be situated shall not be less than the standards prescribed in rule 42.
(8)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)In cases where more than one 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.
(c)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.
(d)The basement shall be permitted below the ground and beyond the building lines at ground level subject to a clear minimum front setback space of 4.5m and side and rear setback of 3m, subject to non habitable uses and provision for mechanical ventilation and all safety provisions and drainage. However, it is essential that the basement top slab below the external circulation at ground level should be designed for firefighting vehicular loads
(9)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.
(10)Conformance to National Building Code of India. - (a) In so far as the determination of sufficiency of all aspects of structural designs, building services, plumbing, fire protections, construction practice and safety are concerned the specifications, standards and code of practices recommended in the National Building Code of India 2016 shall be fully conformed to and any breach thereof shall be deemed to be a breach of the requirements under these rules.
(b)Every High Rise Building erected shall be provided with
(i)lifts as prescribed in National Building Code of India, 2016;
(ii)a stand-by electric generator of adequate capacity for running lift and water pump, and a room to accommodate the generator;
(iii)an electrical room confirming to the rule 44.
(iv)at least one meter room of size 2.4 meters by 2.4 meters for every 10 consumers or 3 floor whichever is less. The meter room shall be provided in the ground floor.
(11)Fire safety, detection and extinguishing systems. - (i) All building in their design and construction shall be such as to contribute to and ensure individually and collectively and the safety of life from fire, smoke, fumes and also panic arising from these or similar other causes.
(ii)In building of such size, arrangement or occupancy that a fire may not itself provide adequate warning to occupants, automatic fire detecting and alarming facilities shall be provided where necessary to warn occupants or the existence of fires, so that they may escape, or to facilitate the orderly conduct of fire exit drills.
(iii)Fire protecting and extinguishing system shall conform to accepted standards and shall be installed in accordance with good practice as recommended in the National Building Code of India, 2016 and to the satisfaction of the Director of Fire and Rescue Services by obtaining a no objection certificate from him.
(12)Security deposits. - 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 meters 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 the competent authority, if not, it would be forfeited.
(13)Display Board. - (a) The details of the development for which planning permission is issued, shall be displayed in the site in the format 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 prescribed size board on the site by local body, in the event of the applicant not fulfilling the conditions stated in clause (a) above.
If the applicant fulfills the conditions in clause (a) above, the deposit shall be refunded after production of the completion certificate.
(14)In areas where sewage system provided by the Local body concerned is not available and
(a)Where number of dwelling units exceeds 50 nos. or 2500 sq.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 2500 sq.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.
(15)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.
(16)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.
(17)In the interest of the public for better circulation in the area and also to ensure that the proposed development does not block access to the properties around, in cases of large developments where link roads have to be provided for connectivity to the adjoining lands areas, through the site applied for development, the competent authority reserves the right to insist the applicant to set apart such road spaces within the site and the applicant shall hand over the same free of cost through a registered gift deed to the Local body for declaring it as public road. In such cases set back from these roads to the buildings proposed shall be provided as prescribed in these rules.
(18)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 planning permission. 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 rule 48 are applicable.
(19)Rain water harvesting provisions as prescribed in rule 63 shall be provided.
(20)Solar energy capture provisions as prescribed in rule 44 shall be provided where applicable.
(21)Special regulations for physically disabled as prescribed in rule 43 shall be adhered to.
(22)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.
(23)Affordable Housing. - 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.