CHANDIGARH ADMINISTRATION FINANCE DEPARTMENT NOTIFICATION The 27.12.2006.
No.26/6/39-UTFI(3)-2006/7869 In Supersession of Chandigarh Administration, Finance Department notification bearing No.26/6/39- UTFI(3)-2006/7127, dated 16.11.2006 and in exercise of the powers conferred by sub-section (2) of Section 5 read with Section 22 of the Capital of Punjab (Development and Regulation) Act, 1952 and all other powers enabling him in this behalf, the Administrator, Union Territory, Chandigarh is pleased to make the following Rules, namely: -
1. Title, extent and Commencement:
i) These Rules may be called the “The Chandigarh Administration (erection and re-erection of Buildings) Rules, 2006, for villages in the Municipal area of Municipal Corporation of Chandigarh”.
ii) These Rules shall extend to the entire unacquired area of revenue estate of villages comprised/included in the Municipal area of Municipal Corporation of Chandigarh, including the area under Abadi Deh therein.
iii) These shall come into force at once.
2. Definitions:
i) `Building’ shall include an existing building which is wholly or party re-constructed/re-erected.
ii) `Chief Administrator’ means an officer appointed under the Capital of Punjab (Development and Regulation) Act, 1952 to perform the functions of Chief Administrator.
iii) `Competent Authority’ under these rules means the Chief Administrator or any other officer duly authorized by him in this behalf.
iv) `Estate Officer’ means a person appointed under the Capital of Punjab (Development and Regulation) Act, 1952 to perform the functions of Estate Officer.
v) All other words used in these rules but not defined herein shall have the same meaning as given to them under the Capital of Punjab (Development and Regulation) Act, 1952 and the rules framed thereunder and Punjab Municipal Act, 1976 as extended to Union Territory of Chandigarh vide Punjab Municipal Corporation Law (Extension to Chandigarh) Act, 1994.
vi) The General Clauses Act (10 of 1897) shall apply for the interpretation of these rules as it applies for the interpretation of an Act of Parliament.
3. Application of Building Rules:
i) Any person who erects or re-erects or occupies any building shall comply with these rules.
4. Procedure for submission of building application:
i) Any Every person who intends to erect or re-erect any building shall submit an application in writing to the Competent Authority in Form `A’ along with form `C’ appended to these rules and shall submit in triplicate building plans consisting of a site plan, plan elevation and section of the proposed structure, drainage plans, the specifications along with scrutiny fees and development charges determined by the competent authority duly signed by himself and also signed by a Architect in token of its preparation by him.
ii) A certificate in Form `J’ annexed to these rules duly signed by the owner, Architect and the Structural Engineer shall also be submitted.
iii) The owner shall submit an affidavit along with documentary evidence regarding the ownership of the land and further undertaking in the shape of affidavit that he shall comply with the provisions of these building rules.
iv) The competent authority may sanction or refuse to sanction the erection or re-erection of any building which is in contravention of any of these rules or for any other reason to be communicated to the application in Form `B’ which seems to be just and sufficient as affecting such buildings. The competent authority may also revoke the sanction of any building if such a sanction is in contravention of any provisions of these rules provided the building has not been completed.
v) During the course of construction, in case of any additions and alteration or substantial deviation from the sanctioned plan, the owner shall not proceed further with the construction, unless revised plan is submitted and got approved from the competent authority as per rules.
vi) No person shall occupy or allow other person to occupy any new building or part of the new building for any purpose whatsoever before obtaining occupation certificate from the competent authority. He shall apply for permission to occupy the building/part of the building in Form `D’ along with Form `E’ duly signed by Architect as appended to these Rules. The Competent Authority would consider the case of grant of occupation certificate as per these Rules and issue or refuse the occupation certificate in Form `F’ as appended to these Rules.
vii) If a building is not completed within five years of the date of sanction, the sanction will be deemed to have lapsed.
5. Use of Building:
i) All the buildings may be used for residential or commercial or any other trade or purposes prescribed under these rules.
ii) No industrial activity shall be permitted except the existing household industries permitted by the Department of Industries of the Chandigarh Administration subject to fulfillment of conditions under the present Rules.
iii) No obnoxious trade and non-conforming uses which cause nuisance or are detrimental to the health, environment and/or interest of the public or society shall be allowed.
6. Maximum height of a Building:
i) Maximum height of a building will be 34’ i.e. ground floor plus two floors.
ii) This permissible height shall exclude parapet, water tank and mumty or any other structure allowed with the permission of the competent authority.
7. Minimum height and size of habitable rooms:
i) The minimum clear height of a habitable room shall be 9’ (2.75 meters) which shall also be applicable to kitchen, verandah and other parts of the building.
ii) The minimum area of a habitable room excluding a kitchen shall not be less than 100 Sq. ft. with a minimum width of 8 ft.
iii) A habitable room shall have one or more opening such as windows or ventilation for the admission of light and air.
iv) No opening shall be allowed on common walls.
v) Minimum ventilation shall be 10% of the floor area.
8. Basement:
No building shall have a basement unless that plot is having a front of more than 25ft. and the basement is constructed 8 ft.
away from the adjoining building walls subject to the requirement of structural stability, light and ventilation. And the basement shall not be allowed beyond the built up area.
9. Site Coverage:
i) The Site coverage shall be, as below, subject to condition of light and ventilation under the rules:
Plot area - Site Coverage Upto 100 sq. yds. - Full Above 101-250 sq. yds. - 75% Above 251 sq. yds. - 70%]
10. Projection/Balcony:
Open balcony/projection not exceeding 3’ in width shall be allowed and shall not be included in the covered area. It shall not project on the government or public land and shall be subject to maximum 2/3rd width of the plot, in the center of the building.
11. Staircase:
The minimum width of staircase shall not be less than 2’-6”.
12. Completion of Building:
i) No person shall occupy or allow other person to occupy any new or re-erected or modified building or part thereof before getting the occupation certificate from the competent authority and he shall apply for permission to occupy the building in Form `D’ appended to these rules alongwith Form `E’ duly signed by a registered Architect.
ii) A certificate in Form `E’ annexed to these rules duly signed by the owner, Architect and the Structural Engineer shall be submitted at the time of applying for completion/occupation.
iii) The permission, when given, will be effective from the date of the receipt of the completion application in Form `D’ and `E’.
Provided that where a regular sewerage connection had been released to the premises on a date prior to the date of application, the permission for occupation would be effective retrospectively from the date of release of such connection.
iv) Refusal of permission will not bar a fresh application but in such cases, the permission will be effective from the date of receipt of the fresh application.
13. General:
i) Architects registered with the Council of Architecture shall be allowed to undertake the design of any building.
ii) Registered Structural Engineers with the Chandigarh Administration shall be allowed to certify building plans.
iii) Temporary Electricity and Water connections may be issued by the respective department for construction purposes.
iv) Building shall be planned/constructed to ensure compliance with the Fire Safety Act/Rules and in accordance with the provision laid down in the National Building Code Part-IV on fire Protection.
v) Developers who can acquire minimum of half an acre of land will be allowed the following: - Sr. No. Description Residential Commercial
1. Ground coverage 40% 30%
2. Max. height 72’-0” 58’-0”
3. Max. no. of storeyes Six Four
4. Density 60 dwelling units/acre --
5. FAR -- 1.2
6. Basement (area of FAR) Single for parking Single for half acre double for one acre onwards for parking.
7. Remarks Plot shall about of minimum 22’ wide street upto the point of access.
Plot should about on minimum 27’ wide street.
vi) Any erection or re-erection in contravention of the sanctioned Building Plan/Building Rules shall be demolished by the competent authority by giving notice of sufficient time, at the expense of the owner. However, the changes which are sanctionable as per the building rules may be considered for composition on payment, by the competent authority.
vii) The Chandigarh Administration may relax any of the provisions of these building rules for reasons to be recorded in writing.
viii) It is envisaged that most of the area will be used for pedestrian traffic. Four wheeled traffic will be allowed only on the main loop streets.
14. Special Incentives:
i) Special incentives will be given to encourage regulated development as enlisted below:
If residents of entire street surrender 4’-6” strip of their land on both sides of the street for widening of the street, the owner will be allowed an extra floor subject to maximum of ground plus three floors and a maximum height upto 45’ from the plinth. This concession will be allowed where existing width of the street is minimum 9’-0”. Also mixed land use will be allowed.
ii) Change of land use will be subject to such conversion and/or development charges as may be levied by the Municipal Corporation, Chandigarh.
15. Construction of buildings under these rules will be subject to the restrictions if any, imposed by Ministry of Defence/Ministry of Civil Aviation.
S.K.SANDHU, Finance Secretary, Chandigarh Administration.
FORM `A’ (Form of Application) (Rule 4) From To The Chief Administrator/Competent Authority, Chandigarh.
Sir, I/We apply for permission to erect/re-erect/add/alter a building/wall in accordance with the plans submitted herewith on the Plot No.________________, in the lay out of Sector No.________.
2. I/We attach,
(a) A site plan showing the position of the plot proposed to be built upon as required by the rules;
(b) Plans, elevations and sections in triplicate as required by the rules;
(c) Drainage plans, engineering drawings (structural as required by the rules;
(d) Specifications of proposed buildings;
(e) Proof of ownership and affidavit;
(f) Copy of Power of Attorney if the plans are submitted by the Attorney;
(g) Affidavit and Indemnity Bond;
(h) Copy of the receipt for the Building Plan Security.
3. The construction of the building shall be supervised by _____________________ Architect/Licenced Supervisor as the case may be.
Dated: Signature(s) Enclosures:
Received the Building plans and documents as above on _______. The plans may be collected from this office after 6 weeks from this date.
Receipt Clerk, For Commissioner, Municipal Corporation, Chandigarh.
FORM `B’ (Rule 4) From The Chief Administrator/Competent Authority.
Chandigarh.
To Memorandum No. Dated, the Reference your application for permission to erect/re-erect/add to/ alter building on Plot No.________________, in accordance with the plans submitted with it, your application is hereby—
(i) Sanctioned for the aforesaid construction under Rule 4 of “The Chandigarh Administration (erection and re-erection of Buildings) Rules, 2006”.
(ii) Rejected for reasons given below.
Chief Administrator/Competent Authority Chandigarh.
FORM `C’ (Rule 4) Specifications The material to be used in the construction to be clearly specified under the following heads: - Items Specifications
(a) Foundations.
(b) Walls
(c) Damp-Proof Course.
(d) Floors.
(e) Roofs
(f) Windows and Doors and other Woodwork
(g) Steel work
(h) Internal Finish
(i) External Finish Signature of applicant Signature of Architects FORM `D’ (Rule 4) From To The Chief Administrator/Competent Authority, Chandigarh.
Sir, I/We hereby give you notice that the building described below and a part of the building sanctioned with your order No.______ dated ______ has been completed on ______ in all respects according to the sanctioned plans and the suggested modifications have been carried out.
2. Completion certificate from the Architect who supervised the sanitary installation works of the building is submitted herewith.
3. Certificate from the Licensed Plumber who supervised the sanitary installation works of the building is also submitted herewith.
4. Kindly grant permission for sewerage connection and permit me to occupy the building/part of building as required under rule 4 of “The Chandigarh Administration (erection and re-erection of Buildings) Rules, 2006”.
Description of Building Sector Sub-sector Plot No. House No.(if any) Signature of Applicant.
FORM `E’ (Rule 4) Completion certificate by an Architect I do hereby certify that the following work (insert full particulars of work) has been supervised by me and has been completed to the satisfaction in accordance with the sanctioned plan, that the workmanship and the whole of the materials used are good, that of provisions of “The Chandigarh Administration (erection and re-erection of Buildings) Rules, 2006”, and no requisition made conditions prescribed or order issued thereunder has been transgressed in the course of the work. A certificate of the Licenced Plumber duly verified is attached.
Sector Sub-sector Plot No. House No.(if any) Particulars of work………… Dated:- Signature. Signature (Architect) (Structural Engineer0 FORM `F’ (Rule 4) Permission for occupation of use of the building under Rule 4 of the Rules.
From The Chief Administrator/Competent Authority.
Chandigarh.
To Memorandum No. Dated, the Whereas _________________ has given notice of completion of the building described below, I hereby:-
(i) grant permission for sewerage connection.
(j) grant permission for the occupation and/or use of the said building.
OR refuse permission for the sewer connection/occupation of the said building for reasons given below:-
1.
2.
3.
Description of Building Sector Sub-sector Plot No. House No.(if any) Signature of Applicant.
Dated: Chief Administrator, Chandigarh.
Form ‘J’ (Rule 4) Certificate : To be submitted alongwith the building plans /drawings :-
1. Certificate that the building plans submitted for approval satisfy the safety requirements as stipulated under these rules and the information given therein factually correct to the best of our knowledge and understanding.
2. It is also certified that the structural design including safety from natural hazards based on soil conditions have been duly incorporated in the design of the building and these provision shall be adhered to during construction.
Signature of Signature of Signature of Structural Owner with dated Architect with date Engineer with date (As defined in NBC of India) Name in Block Name in Block Name in Block letters/ Letters/Address letters/Address Address