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U.P. Housing and Development Board Regulations, 1982

Published in U.P. Gazette, dated 19th June, 1993 vide Notification No. 307/NP-10, dated 6th February, 1986

075

PART-I-Gerneral

1.2. They shall apply to all buildings activities within the jurisdiction of U.P. Housing and Development Board.

1.3. They shall come into force from the date of their publication in State Government Gazelle.

2.1. "Alteration" means a change from one occupancy to another or a structural change, such as an addition to the area or height, or the removal of part of a building, or any change to the structure, such as the construction of cutting into or removal of any walls, partition column, beam, joint, floor or other support, or a change to or closing of any required means of ingress or egress or a change to the fixture or equipment.

2.2 "Approved" means approved by the Board.

2.3 "Authority having jurisdiction" means the Authority which has been empowered by the Housing Commissioner.

2.4 "Balcony" means a projection, including a hand rail, or balustrade to serve as passage or silting out place.

2.5 "Basement of Cellar" means the lower storey or a building below or partly below ground level.

2.6 "Board of appeals" means a Board as constituted by the Authority.

2.7 "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 including doors windows and ventilators, floors, roofs including sky lights, 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.

2.8 "Building Activities" means :

(a) erection, re-erection, making material alteration and demolition of any building;

(b) development of a large tract of land as a composite building . scheme; and

(c) development and redevelopment of any tract of land which includes division and sub-division into plots or various land uses within a colony.

2.9 "Building, Height of means 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 building adjacent to the street; and in the case of pitched roofs, upto the point where the enternal surface of the outer wall intersects the finished surface of the sloping roof, and in the case of gable facing the road, the mid point between the eaves level and the ridge.

2.10. "Chajja" means a sloping or horizontal structural overhand usually provided opening on external walls to provide protection from sun and rain or from architectural considerations.

2.11 "Conversion" means the change of occupancy or premises to an occupancy or use requiring additional occupancy permit.

2.12 "Covered Area" means ground area covered immediately above the plinth level covered by the Building but docs not include the spaces covered by:

(a) Garden, rockary, well and well structures, plant nursery, waterpool, swimming pool (in uncovered), platform round a tree, tank, fountain, bench, Chabutra with open top and unclosed on sides by walls and the like ;

(b) drainage culvert, conduit, catch-pit, gully pit, chamber, gutter and the like; and

(c) compound walls, gate, slide, swing, uncovered staircases, areas covered by Chajja and the like.

2.13 "Detached Building" means a building whose walls and roofs are independent of any other building with open spaces on all sides as specified.

2.14 "Drain" means a line of pipes including all fittings and equipment, such as manholes, inspection chambers, traps, gullies and floor traps used for the drainage of a building or a number of buildings, or years appurtenant to the buildings, within the same curtilage but it shall also include open channels used for conveying surface water.

2.1.5 "Drainage" means the removal of any liquid by a system constructed for this purpose.

2.16 "Exit" means a passage, channel or means of egress from any building, storeys or floor area to a street or other open space of safely.

2.17 "Floor" means the lower surface in the storey on which one normally walks in a building. The general term 'floor' unless otherwise specifically mentioned shall not refer to a mezzanine floor.

2.1.8 "Floor Area" means covered area of a building at any floor area.

2.19 "Floor area Ratio (F.A.R.)" means the quotient obtained by dividing the total covered area (plinth area) of all floors by the area of the plot.

2.20 "Foundation" means that part of a structure which is in direct contact with and transmitting loads to the ground.

2.21 "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, watercloset compartments, laundries, serving and storage pantries, store rooms, corridors, cellars, attics and spaces that arc not used frequently or during extended periods.

2.22 "Housing Commissioner" means the Housing Commissioner of the Parishad.

2.23 "Licensed Architect" means a qualified architect who has been licensed by the Authority.

2.24 "Ledge or Tand" means a shelf-like projection, supported in any manner whatsoever, except by means of vertical supports within a room itself but not having projection wider than one metre.

2.25. "Loft" means an intermediary floor between two floors or a residual space in a pitched roof, above normal floor level with a maximum height of 1.5m. and which is constructed or adopted for storage purposes.

2.26. "Mezzanine Floor" means an intermediate floor, between two floors, above ground level.

2.27. "Occupancy or use Group" means the principal occupancy for which a building or a part of a building is used or intended to be used; for the purposes of classification of a building according to occupancy; an occupancy shall be deemed to include subsidiary occupancies which are contingent upon it. The occupancy classification is given from 2.27.1 to 2.27.9.

2.27.1. "Residential Building" shall include any building in which sleeping accommodation is provided for normal residential purposes with or without cooking or dining or both facilities. It includes one or two or multi-family dwellings, lodging or rooming houses, dormitories, apartment houses and flats and hotels.

2.27.2. "Educational Building" shall include any building used for school, college or day-care purposes for more than 8 hours per week involving assembly for instruction, education or recreation.

2.27.3. "Institutional Buildings" shall include any building or part thereof which is used for purposes such as medical or other treatment or care of persons suffering from physical or mental illness, disease or infirmity; care of infants, conval escents or aged persons and for penal or correctional detention in which the liberty of the inmates is restricted. Institutional buildings ordinarily provide sleeping accommodation for the occupants. It includes hospitals, sanitoria custodial institutions and penal institutions like jails, prisons mental hospital, reformatories.

2.27.4. "Assembly Buildings" shall include any building or part of a building where groups of people congregate or gather for amusement, recreation, social, religious patriotic, civil travel and similar purposes; for example, theatres, motion picture houses, assembly halls, auditorium, exhibition halls, museums, skating rings, gymansium, restaurants, places of worship, dancec halls, club rooms passenger stations, and terminals of air, surface and other public transportation services, recreation places and stadia.

2.27.5. "Business Buildings" shall include any building or part of a building, which is used for transaction of business for the keeping of accounts and records for similar purposes; doctor's service facilities, barber shops, city halls, town halls, court houses, libraries shall be classified in this group in so far as principal function of these is transaction of public business and the keeping of books and records.

2.27.6. "Mercantile Buildings" shall include any building or part of a building which is used as shops, stores, markets, for display and sale of merchandise either whole sale or retail. Office, storage and service facilities incidental to the sale of merchandise and located in the same building shall be included under this group.

2.27.7. "Industrial buildings" shall include any building or part of a building or structure, in which products or materials of all kinds and properties arc fabricated, assembled or processed like assembly plants laboratories, power plants, smoke houses, refinaries, gas plants mills, dairies, factories, etc.

2.27.8. "Storage Buildings" shall include any building or part of a building used primarily for the storage or sheltering of goods, wares or merchandise, like warehouses, cold storages, freight depots, transit sheds, store houses, garages hangars, truck terminals, grain elevators, barns and stables.

2.27.9. "Hazardous Buildings" shall include any building or part of a building which is used for the storage, handling, manufacture or processing of highly combustible or explosive materials or products which are liable to burn with extreme rapidity and/or which may produce poisonous fumes or explosions; for storage, handling, manufacturing, processing which involve highly corrosive, toxic or noxious alkalies, acids or other liquids or chemicals producing flames, fumes, and explosive, poisonous, irritant or corrosive gases; and for the storage, handling or processing of any material producing explosive mixtures of dust or which result in the division of matter into fine particles subject to spontaneous ignition.

2.28. "Open space" includes an area, forming an integral part of the plot, left open to the sky.

2.29. "Owner" means the person who has legal title in the land and/or building. It also includes -

(a) an agent or trustee who receives the rent on behalf of the owner;

(b) 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;

(c) 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; and (d) a mortgagee in possession.

2.30. "Parapet" includes a low wall or railing built along the edge of a roof Or a floor,

2.31. "Parking space" means an area enclosed or unenclosed sufficient in size to park vehicles together with a drive way connecting the parking space with a street or an alley and permitting ingress and egress of the vehicles.

2.32. "Permit" means a permission or authorisation in writing by the authority to carry out work regulated by the bye-laws.

2.33. "Parishad/Board" means U.P. Housing and Development Board established under U.P. Housing and Development Board Act, 1965 (Act No. 1 of 1966).

2.34. "Plinth" means the portion of a structure between the level of the surrounding ground and level of the floor, immediately above the ground.

2.35. "Plinth area" means the built up covered area measured at the floor level of the basement or of any story.

2.36. "Road" has the same meaning as assigned to "street".

2.37. "Road Line" has the same meaning as assigned to "street line".

2.38. "Room Height" means the vertical distance measured from the finished floor surface to the finished ceiling surface.

2.39. "Row Housing" means a row of houses with only frontear and interior open spaces.

2.40. "Sanctioned plan" means the set of plans and specifications submitted under these regulations in connection with a building and duly approved and sanctioned by the Authority.

2.41. "Service Lane" includes a lane provided at the rear or side of a plot for service purposes.

2.42. "Set Back Line" means a line usually parallel to the plot boundaries and laid down in each case by the Authority, beyond which nothing can be constructed towards the site boundaries.

2.43. "Site (Plot)" means a parcel (piece) of land enclosed by definite boundaries.

2.44. "Site (Corner)" means a site at the junctions of and fronting on two or more intersecting streets.

2.45. "Site, Interior or Tanden" means a site access to which is by a passage from a street whether such passage forms part of site or not.

2.46. "Storey" means the portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above, it, then the space between any floor and the roof above it.

2.47. "Street" means any highway, street, lane, pathway, alley, stair-way, passage way, carriageway, footway, square, place or bridge whether a throught fare or not, over which the public have a right of passage or access or have passed and had access uninterruptedly for a period within one year/after completion of road development, whether existing or proposed in any scheme and includes all bunds, channels, ditches, storm water drains, culverts, sidewalks, traffic inslands, roadside trees and hedges, retaining walls fences, barriers and railings within the street lines.

2.48. "Street Level or Grade" means the officially established elevation or grade of the centre line of the street upon which a plot fronts and if there is so officially established grade, the existing grade of the street at its mid-point.

2.49. "Street Line" means the line defining the side limits of a street. 2.50: "To erect a building" includes -

(a) to erect a new building on any site whether previously built upon or not:

(b) to re-erect any building of which portions have been pulled down, burnt or destroyed ; and

(c) conversion from one occupancy to another.

2.51 "To abut" includes to abut on a road such that any portion of the building is on the road boundary.

2.52 "Travel Distance" means the distance an occupant has to travel to . reach an exit.

2.53 "Unsafe Building" includes those buildings which arc structurally unsage, insanitary or not provided with adequate means of egress or which constitute a fire hazard or an otherwise dangerous to 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.

2.54 "Verandah" means a covered area with at least one side open to the outside with the exception of I M parapet on the upper floors to be provided on the open side.

2.55 "Water Closet (W.C.)" includes a privy with arrangement for flushing the pan with wather. It docs not include a bathroom.

2.56 "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.

3.1 Development of land - Where a land is to be developed, or redeveloped into sub-divisions, plots or colonics, the regulations apply to all the modifications to the land layout.

3.2 Buildings - The regulations shall apply to the building work given under 3.2.1 to 3.2.5.

3.2.1. Where a building is erected, the regulations apply to the design and construction of the building.

3.2.2. Where the whole or any part of the building is removed, the regulations apply to all parts of the building whether removed or not.

3.2.3. Where the whole or any part of the building is demolished, the regulations apply to any remaining part and to the work involved in demolition.

3.2.4. Where a building is altered (See regulation 5.5) the regulations apply to the whole building whether existing or new except that the laws apply only to part if that part is completely self-contained with respect to requirements of the regulations.

3.2.5. Where the occupancy of a buildings is changed, the regulations apply to all parts of the building affected by the change.

3.2.6. Existing Buildings - Nothing in the regulations shall require the removal, alteration or abandonment, nor prevent continuance of the use or occupancy of an existing building, unless in the opinion of the Authority, such building constitutes a hazard to the safely of the adjacent property or the occupants of the building itself, subject to the provisions of moratorium placed in the Master Plan for any area.

3.2.7. These regulations shall apply to all areas where any housing or improvement scheme of Parishad is in force.

3.2.8. These regulations shall apply in consonance with all other rules and regulations of Parishad.

3.2.9. Applicability of these regulations in schemes which have already been developed (either partially or fully) shall be limited to the portions which are already identifiable and such identified portions shall have to be declared in advance, as 'Identified areas' by the Authority.

3.2.10. In case of any doubt or dispute in the implementation of these regulations the decision of the Authority shall be final.

PART II - Regulations for Development of Land

(Except for low Income Housing for which I.S. 8888 shall apply)

4.1 Sub-Division of land - The sub-division of land is normally for five uses. (1) Residential; (2) Business/Commercial; (3) Industrial; (4) Community facilities; and (5) Parks and play grounds. Details for individual land use sub-division is given under regulations. 4.2. to 4.5.

4.2. Residential -

4.2.1. Roads - The residential streets shall be divided into three categories based on their use and proposed traffic requirements;

(1) Service Road,

(2) Collector Road,

(3) Other road either proposed in the regional plan, Master Plan Zonal Development Plan and Development Plan of required due to Local requirements.

(i) Service Roads.

(a) The minimum width of a service road shall be 9m. But a road adjoining a park or any open public space with building only on one side may however have a minimum width of 7.5m. The 9m. service road can serve up to a length of 300m. This will be measured from one wider street to another wider street. In case of 7.5m. wide road it can serve upto 400m.

(b) A road which is longer than 300m. or serves upto 100 plots houses or is extendable to new areas shall be 12m. wide. Such road can be 400m. in length.

(c) Loop street - The minimum width of a loop street shall be 9m. and it shall cater for a length upto 500m.

(ii) Collector Road - These are roads which are intended for short trip and arc also used for direct access to abutting properly as well as access to service roads and dead-end roads.

(iii) Other Roads: - The widths of Master Plan roads shall be followed as per the Master Plan.

(iv) Sen-ice Lane - In row type of houses and in such areas where sewerage system docs not exist a 3.5.m. service lane shall be provided. The length of such service lane shall be no more than 300m.

4.2.2. Conditions of Planning - The service roads shall be so laid out that their use for thorough traffic is automatically discouraged.

4.3 Commercial Business and Industrial -

4.3.1 The maximum length permissible for different classification of roads in areas other than residential shall be as indicated below. No roads in these areas shall be less than 12 metre in width.

4.3.2. Alleys - Alleys shall be provided in commercial area except where Authority may relax this requirement or when assured provision is made for service access such as off street loading/unloading and parking consistent with and adequate for the use provided. The width of the alleys, where provided, shall not be less than 6m, and no dead end alley shall be permitted unless provided with an adequate turn around facilities.

4.3.3. Junctions - The layout shall be provided at the junctions of roads in such a way that as far as possible all roads do meet at right angle. Roads meeting at less than 30° shall not be permitted unless adequate arrangement for the circulation of traffic with desirable weaving length is available.

4.4. Open space -

4.4.1. Residential area - The open space in a residential area should be in proportion to the density of that area. To work out in overall open space exclusively for active recreation and breathing place, the requirement's shall be worked out on-proposed population of the area. The requirements of open space shall be divided according to the purpose, i.e. lot-lot parks play field etc. The following criteria may be adopted for arriving at. open spaces depending upon density:

(2) The open spaces provided in the proposed land use plan of Master Plan or a Regional Plan shall be over and above this open space and shall not be counted under the density ratio mentioned above.

(3) These norms arc tentative. However they may continue till such time that a rational pattern is devised and adopted by State Government, HUDCO etc.

4.5. Community facilities -

4.5.1. The extent of Community facilities to be provided depending upon population shall be as given in appendix 'J' and it shall act as a guideline for working out different requirements of sub-division plan.

4.6. Layout of plots -

4.6.1. The plots in residential areas shall be laid out based on the following criteria:

PART III-Building

Section 1 - BUILDING PERMIT

5.1. Building permit required. - No person shall in any area for which a housing or Improvement Scheme has been notified under section 28 of U.P. Avas Evam Vikas Parishad Adhiniyam or in which any such scheme is in force, erect, re-erect or make meterial alteration or demolish any building or cause the same to be done without first obtaining a separate building permit for such building activity from the Authority.

5.2. Every person who intends to erect, re-erect or make meterial alteration in any place in building or part thereof within the jurisdiction of the Authority shall give application in writing to the Authority in the prescribed form (See Appendix 'B'). Such application shall be accompanied by plans and statement in triplicate, as required under Regulation No. 6.2. The Plans may be of ferro-print, Ammonia print semi-dry or photographic prints of which at least one set of plans shall be cloth-mounted. The mounted set shall be retained in the office of the Authority for record after issue of a permit or a refusal.

5.2.1. Size of Drawing Sheets. - The sizes of the drawing sheets of key-plan, site-plan, layout plan etc., shall be any of those specified in table no. 1 below:

TABLE 1 - Drawing Sheet Sizes

TABLE 2 - Colouring notations of plans

Plan

5.3. No application referred to in Regulation No. 5.2 shall be valid unless and until the person giving the application has paid such fees to the Authority as are fixed. An attested copy of receipt of such payment shall be attached with the application.

5.4. In the event of a building permit not being issued the fees so paid shall not be refunded to the owner, but he shall be allowed to resubmit the plans without any additional fees, after complying with all objections of the Authority within a period of one year from the date of receipt of the objection order, by the owner, after which fees shall have to be paid.

5.5. No application for building permit is necessary for the following alterations (See Regulation 3.3.4), provided they do not violate any provisions regarding general building requirements, structural stability and fee safety requirements of the Regulations.

(a) Providing intercommunication doors;

(b) Providing Non-structural partitions;

(c) Gardening-excluding garden structures;

(d) White washing where architectural control regulations are not in force.

(e) Painting-where architectural control regulations are not in force.

(f) Re-tiling and re-terracting;

(g) Plastering and patch work;

(h) Re-flooring;

(i) Boundary wall if it is constructed of a design approved by the Authority -

5.6. No building permit is necessary for carrying out works by any department of the Central/State Government or any local body having jurisdiction of any works for the purpose of inspecting, repairing or renewing any Sewers, mains, pipes, cables or other apparatus.

6.1. The application for building permit shall be accompanied by the site plan, building plan, service plan and specifications as prescribed in Regulation no. 6.2.

6.2. Application for Building Permit - The following shall accompany the application for building permit in the case of permission for erection, re-erection or making material alterations:

(i) Site Plan-

(a) The boundary of the site of any contiguous land belonging to the owner thereof;

(b) the position of site in relation to neighbouring street;

(c) the name and/or width of the street in which the building is proposed to be situated,

(d) all existing buildings standing on, over or under site;

(e) the means of access from the street to the building and to all other buildings, which the owner intends to erect upon his contiguous land referred to in (a);

(f) space to be left in and around the building to secure a free circulation of air admission of light and access for scavenging purposes and details of projection (if any), on to open space;

(g) the width of the street (if any) in front and of any street (if any) at the side or near the proposed building;

(h) scale used and the direction of North Point relating to plan of the building;

(i) any existing physical features, such as wells, drains etc;

(j) sewerage and drainage lines up to discharge point and water supply lines; and

(k) such other particulars as may be prescribed by the Authority.

(ii) Building Plan -

(a) include the floor plans of all floors together with the covered and open area, clearly indicating the size and spacings of all framing members and sizes of rooms and the position of staircases, ramps and liftwells;

(b) show the use or occupancy of all parts of the building;

(c) show exact-location of essential services, for example W.C, sink, bath and the like including the water supply and drainage line;

(d) include sectional drawings showing clearly the size of footings, thickness of basement wall, wall construction, size and spacing of framing members, floor slabs and roofs slabs with their materials and size and locations of doors, windows and other openings. The section shall indicate the heights of building and rooms and also the height of the parapet and the drainage and the slope of the roof. At least one section should be taken through the staircase and drawn to a scale of 1:50.

(e) show all street elevations;

(f) give dimensions of the permissible projected portions within open spaces;

(g) include terrace plan indicating the drainage and the slope of the roof; and

(h) give indications of the North Point relative to the plan and scale used,

(iii) Services Plan -

(iv) Specifications -

(v) Ownership title -

(a) attested or photo-copy of the original hire-purchase agreement/possession certificate/sale-deed clearly indicating the dimensions of all sides of the plot/house and date of allotment of the plot,

(b) an affidavit stating that his plot is free from any unauthorised construction,

(c) other affidavit or documents if required by the authority.

(vi) Any other document which the authority may deem fit.

6.3. Preparation and signing of the plans- All the plans shall be prepared and duly signed in full by the licensed technical pesonnel and shall indicate their names, addresses, qualifications and licence number and title alloted by Authority. Further the plans shall be signed by the owner in full and in ink. All plans shall be prepared in metric system only.

6.3.1. Qualifications of Licensed Technical Personnel and Competence of Work-

6.4. Supervision -

6.4.1. In case of any changes of technical personnel during construction work, the change shall be intimated to the Authority.

7.1. No application for building permit as referred to in Regulations 6.1 to 6.3 shall be deemed valid unless and until the person giving notice has paid fees as per regulation no. 7.2 and an attested copy of the receipt of such payment is attached with the application.

7.2. Building Perinit fees - The scales of fees for building permit shall be as follow:

(i) Residential Building:

(ii) Commercial Business and Assembly Building -

(iii) Public Buildings for Hospitals, Educational, Religious and Cheritable use.

(iv) The fixation of these fees shall be governed by the following-

(a) for re-erection of existing buildings, the fees chargeable shall be the same as erection of new buildings.

(b) for additions and alterations in the existing buildings, the fees shall be chargeable on the added portions only on the same scale as for a new building,

(c) for revised plan of a building which the Authority has already sanctioned, the fees chargeable shall be 50 per cent of the fees chargeable on the original plan subject to a minimum of Rs. 31.00 and subject to the condition that the covered area of the building has not increased than in the original sanctioned plan and submitted to the Authority within the sanctioned period of the plan. The applicant shall have to deposit the original sanctioned plan with the authority.

7.3. Withdrawal of application - The applicant may withdraw his application and plans at any time prior to the sanction and such withdrawal shall terminate all proceedings with respect to such application; but the fees paid shall, in no case, be refunded.

8.1. Application for erection, re-erection or making material alterations of buildings shall be submitted to the Authority. The Authority shall verify the facts given in the application and annexures from technical, administrative and legal point of view. The title of land shall be verified. The Authority shall ensure that adequate guarantee has been obtained from the owner for carrying out the building activity as per the specifications prescribed. The authority may either sanction or refuse the proposals or may sanction them with such modifications or directions as it may deem necessary and thereupon shall communicate the decision to the owner in the prescribed form given in Appendix-'D'.

8.2. If within 6 weeks of the receipt of the completed application (as specified in 6.2) in the office of the Authority, the Authority fails to intimate in writing to the person, who has given the notice, of its refusal or sanction, or objections the application with its annexures shall be deem to have been sanctioned, provided the fact is immediately brought to the notice of the Authority in writing by the person who has given notice and who has not received any intimation from the Authority within 3 weeks of giving such written notice. Subject to the conditions mentioned in the clause, nothing shall be constructed to authorise any person to do anything in contravention or against the terms of lease or titles of the land or against any other regulations, by-laws or ordinances operating on the site of work.

8.3. In the case of refusal, the Authority shall quote the reason and relevant provisions of the regulation which the plans contravene. The Authority shall (as for as possible) advise all the objections to the plans and specifications in the first instance itself and ensure that no new objections are raised when they are resubmitted after compliance or earlier objections.

8.4. Once the plans have been scrutinised and objections have been pointed out, the owner giving applications shall modify the plans statements to comply with the objections raised and resubmit them. The Authority shall scrutinise the resubmitted plan and if there be further objections, the plan shall be rejected. No fresh fee is required if modified plans have been submitted within 1 year.

8.5. Board of appeals - In order to determine the suitability of alternative materials or methods of design or construction and to provide for reasonable interpretation of the provisions of the Regulations, a board of appeals consisting of members who are qualified by experience and training to pass judgment on matters pertaining to building construction shall be appointed by the Board.

8.5.1. In case of appeals to the Board of Appeals, the same shall be made within 30 days from the date of rejection of Building permit and a fees of 50 per cent of the original Building permit fee shall be paid to the Authority. The Board Appeals shall clear all appeals within 90 days from the date of appeal. If within 90 days, the Authority fails to indicate in writing to the person of its refusal or sanction, the person shall take the appeal as allowed.

8.5.2. In cases covered by section 35 (2) of the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam appeal shall be filed within the lime prescribed in the Rules made by the Government such appeal will be heard by the Board or the committee to which the Board may deligate the power.

9.1. An application for revalidation of sanction shall be made at least 60 days before the expiry of the period of such sanction.

9.2. However, nothing in Regulation no. 9.1 shall be deemed to affect the power of the Authority to revalidate the sanction on application given after the period thereof;

9.3. Revalidation of sanction before expiry of the sanction can be done for a period of one year at a time and such revalidations can be done only twice.

9.4. Revalidation shall be subject to the rules then in force.

9.5. Fees equal to 50 per cent of the original building permit fee shall be payable to the Authority with a minimum fee of Rs. 21.00.

9.6. The applicant shall have to send an application alongwith the original plan already sanctioned.

10.1. The owner, upon commencement of his work under permit shall give notice to the Authority that he starts the work in prescribed pro forma given in Appendix-E and the the Authority shall cause inspection of the work to be made within 14 days following the receipt of notice to . verify that the building has been located in accordance with the sanctioned plans. If however, the Authority fails to make the inspection within the specified period, it shall be presumed that the Authority has no objection to the construction.

10.2. powers of entry in buildings:

(a) making an enquiry, inspection, measurements or survey or taking levels of such site or buildings.

(b) examining works under construction or ascertaining the course of sewers or drains;

(c) ascertaining whether any site is being or has been developed or any building is being or has been erected in contravention of any clauses of these bye-laws :

(a) shall be punished by a fine as provided in section 76 of the U.P. Avas Evam Vikas Parishad Adhiniyam;

(b) suitable action including demolition of unauthorised works as decided by the Authority may be taken against him; and

(c) suitable action against licensed technical personnel which may include cancellation of the licence and debarring him from further practice for a period of 5 years may be taken.

13.1. On completion of the building work, the licensed technical personnel shall give notice to the Authority in prescribed form as given in Appendix F.

14.1. Occupancy Certificate-

14.1.1 Temporary Occupancy -

(1) The authority can for reasons to be recorded refuse to compound any case of unauthorised construction.

(2) The following category of unauthorised construction shall not be compounded.

(a) Any construction not in conformity of the land use proposal contained in the Master Plan of the area.

(b) On Government or public or Parishad land.

(c) On the first floor of construction within the front, side and rear set back which has been compounded earlier.

16.1. The fees for compounding shall be charged as given in Appendix-I or as revised by the Board in future.

16.2. The compounding of any unauthorised construction can be done only on the written request of the applicant.

17. For the buildings coming up in the important areas or fronting on major roads or streets or in the case of importants monumental buildings or in the proximity of buildings of historical importance as decided by the Authority the building Schemes including their colour schemes may be subject to the approval from the architectural aesthetics point of view. The Authority shall have powers to issue suitable instruction from time to time for ensuring the above.

18.1. The construction of a building for residential purposes shall not be permitted on any plot which has an area of less than 125 sqm. or a width less than 8 m. or an average depth of less than 12 m. This condition will not apply to plots which are used by the Parishad to construct dwelling unit under Low Cost Public Housing Programme:

18.2. In commercial areas the minimum plot sizes for shops shall be 15.0 Sqm. with a minimum width of 2.4 m.

18.3. In the case of plots for assembly occupancies like cinema in existing built up area, the minimum width of plot shall be 30 m, and it shall front on a street of width not less than 8 m. in the case of newly developed areas outside the existing built up area the width of the plot for assembly occupancies shall not be less than 45m. and shall front on a street of width not less than 30 m.

(a) In case of corner plots side open space along the side street shall not be less than the minimum front setback required on adjoining plot fronting on such side street provided the adjoining plot abuts this plot.

(b) In all other corner plots a clear side setback of specified width shall be kept along the side street.

(c) In case of odd corner plots the plot owner shall have to leave a compulsory setback on the other side of the road to enable the next plot holder to achieve necessary light and Ventilation " through a 3 m. wide open space.

(d) No compulsory setback is required for plots/house facing on streets 6m. or less in width but plots/house facing roads beyond 6 m. width must have a compulsory minimum setback of atleast 3 Meters.

(e) In case of any dispute regarding the setbacks the decision of the . Authority shall be final and the applicant shall have to abide it.

20.1. Exemptions into setback open spaces.

(a) Sunshade over windows/ventilators or other openings not more than 0.75 m. wide.

(b) Cornice roof or weathershade not more than 0.30 m. wide.

(c) Porch - A portico of up to 2.4 m. width and 4.5 length at a height of 2.1 m. above plinth level may be permitted, within the side open space of not less than 3.0 m. wide, (throughout) with no access to the top of the portico for use as a sitout place or for putting up plants or flower pots etc.

(d) Balcony - Projected balcony in the front side at first floor level of width not more than 0.9 m. maybe permitted 50 per cent of the area of the projections permitted into open spaces under (c) and (d) above shall be accountable for floor area calculations.

20.1.2. Interior open space.

20.1.3. Joint open air space.

20.1.4. Site coverage.

20.2. Other Buildings-

20.2.1. In the case of commercial areas for shopping centre the open spaces shall be 3 m, minimum in front and rear; side open spaces may not be necessary, if it is developed as shopping areas under row building schemes. However, the appropriate spaces for lighting and ventilation shall be provided through interior open spaces as specified in Regulation 20.1.2. The front open spaces may be developed as an Arcade.

20.2.2. Building for business, assembly and mercantile, educational, institutional uses shall have a minimum front open space of 9 m. and side and rear open space of 6 m. unless otherwise scheme specified in relevant rules governing special occupancies.

20.2.3. Educational Building.

20.2.4. The open spaces given at Regulations 20.2.1 to 20.2.3 are applicable to buildings upto a height of 10m. The following provisions shall apply for increased open spaces above the minimum spelt out in 20.2.1. to 20.2.3.

21.1. Floor area ratio -

21.2. Height limitations -

(a) The absolute height of a buildings shall not exceed 1.5 times the width of the road abutting plus the front open spaces.

(b) If building abuts on two or more streets, of different widths, the building shall be deemed to face upon the street that has the greater width and the height of the building shall be regulated by the width of that street and may be continued to the height to a depth of 24 m. along the narrower street.

21.3- For residential buildings only ground and first floor construction with a barsati on top is permissible. The maximum height of residential buildings shall not exceed 10 m. from the centre of the road.

TABLE 2- F.A.R. For different use group

21.4 The proposals for building permit for all buildings more than 15 meters in height and other buildings with more than 400 square meters ground coverage and all other buildings of industrial (factory, workshops etc.) storage (warehouse), assembly and hazardous use group shall be subjected to the scrutiny by the Authority and director of Fire Services, before the building permit is given.

22.1 Size and area requirements

22.1.1 Habitable rooms:

1. No habitable room shall have a floor area of less than 9.5 sqm. and the minimum width of a room shall be 2.4 m. In case of buildings with two rooms, one of this shall not be less than 9.5 sqm. and the other not less than 7.50 sqm.

22.1.2. Kitchen:

1. The area of kitchen shall be not less than 5.00 sqm. with the minimum width of 1.5 m. Where there is a separate store, the size of the kitchen may be reduced to 4.5 sqm. •

22.1.3. Bath rooms and water closets:

1. The size of a bath room shall not be less than t.5 sqm. with the minimum width of 1.2 m if it is a combined bath and water closet its floor area shall not be less than 2.8 sqm. with the minimum width of 1.2. The minimum floor area for water closet shall be 1.1 sqm. with a minimum width of 0.9 m.

22.1.4. Mezzanine floor:

1. The minimum size of mezzanine floor if it is used as a living room shall be 9.5 sqm. The aggregate area of such mezzanine floor shall be not more than 33.3 per cent of the plinth area of the building.

22.1.5. Loft:

22.1.6. Garage :

22.1.7. Barsati :

22.1.8. Puja room and store:

22.1.9. Basement:

22.2.1. Habitable Room :

22.2.2. Kitchen :

22.2.3. Bath Room, water closets and Store :

22.2.4. Loft:

22.2.5. Mezzanine Floor;

22.2.6. Staircase:

22.3. Other Requirements of parts of building: -

22.3.1. Bath rooms and water closets: -

(i) Every bathroom or water closet shall: -

(a) Be so situated that atleast one of its walls shall open to external air (See Regulation 22.4.2);

(b) not be directly over or under any room other than another latrin, washing place, bath or terrace, unless it has a water light floor;

(c) have the platform or seat made of water tight non-absorbent materials;

(d) be enclosed by walls or partitions and the surface of every such wall or partition shall be finished with a smooth impervious material to a height of not less than 1m. above the floor of such a room ; and

(ii) No room containing water closets shall be used for any purpose except as a lavatory and no such room shall open directly into any kitchen or cooking space by a door, window or other opening. Every room containing water-closet shall have a door completely closing the entrance to it.

22.3.2. Plinth-

22.3.3. Roof-

22.3.4. Boundary Wall-

(a) The front boundary wall shall be made as per the design prescribed by the Authority.

(b) The maximum height of the front compound wall shall be 1.5m. above the centre line of the front street.

(c) The side compound wall can be 2.4.m. high provided the top 0.9m. is of open type construction of a design approved by the Authority.

(d) The rear compound wall can be 2.4m. high.

(e) In case of corner plots, both sides of the plot facing the roads shall be considered as front side and provisions for front compound wall shall apply.

22.4. Lighting and Ventilation Requirement:

22.4.1. Lighting and Ventilation of Rooms -

22.4.2. Ventilation Shaft -

22.4.3. Door sizes -

SECTION – III

23.1. Group Housing Development normally and preferably in two and multi-storied blocks shall not be a customary sub- division of land into street's and plots. The layout plan shall be governed by good design standards suiting the site and socio economic requirements of the occupants to be decided by the Authority.

23.2. Access to dwellings in Low Cost Housing for weaker section of the society shall be provided with foot-paths and their width shall be governed by design requirements of I: S : 8888. The foot-paths shall open on a residential street or eul- de-sac or loop-street of preferably 9m. width.

23.3. The minimum size of the site for this type of development shall be 5000 Sqm.

23.4. No limit to floors and height shall be applicable except in areas near protected monuments and air-ports etc., but in general the coverage and F.A.R. for various densities shall be as given in table 3 and following rules:

TABLE 3 - F.A.R. and coverage for Group Housing

(i) Floor area is calculated as area on all floor unless specifically excluded;

(ii) The coverage shall be calculated on the basis of the whole area reserved for group housing after deducting -

(a) the area of any highway, any road upto 25m. and- major residential 18m. wide road around and width in the group housing area. Residential street, loop street, cul-de-sac, service lanes and foot-paths shall not be deducted.

(b) the area of schools (excluding sites for Nursery schools) and other Community Facilities within the Group Housing area, and

(c) The open spaces except playgrounds and tot-lots of local nature.

(iii) Any further provisions of master plan and zonal development plan.

PART IV - Low Income Housing

PART V - Other Buildings

25.1.2. No person shall erect a building intended to be used as a cinema theatre, or public assembly hall, or convert the use of any exiting building to any such purpose, unless such building is set back at least 9m. from the regular line of the street or from the street if no such regular line exists. Further the location of the site for cinema shall be governed by the provisions of development plans (if any), and subject to the approval of the Commissioner of the Division and Authority.

25.1.3. In addition, Cinema theaters and other assembly auditoria, shall conform to IS 4878 Bye-laws for Construction of Cinema Buildings (the latest Provisions of the Indian Standard shall be adopted at the time of enforcement of these Bye-laws).

25.1.4. Exits and Fire Safety requirements shall be in accordance with Part IV Fire Protection of National Building Code of India.

25.2.1. The location of the petrol filling stations and its layout shall be approved by the Authority in consideration with the Commissioner for the Divisions, depending upon the width of roads and traffic generated, location with respect to points of intersections and nearness to occupancies of educational, assembly, mercantile, storage and hazardous uses.

APPENDIX A

Qualifications of Licensed Architects for Preperation of Schemes for Building Permit and Supervision

APPENDIX B

Form for First Application to Erect, Re-Erect, Demolish or to Make Alteration in Any Place in A Building

The Authority,

U.P. Housing and Development Board,

Signature of owner.........

Name of owner(In block letters)............

Address of owner.........

Dated........

APPENDIX C

Form for Supervision of Building Work

The Authority,

………………………….

………………………….

Signature of Architect/Draftsman..............................

Name of Architect/Draftsman(In block letters)................................

Licence No. of Architect/Draftsman...........................

Address of Architect/Draftsman.............................

Dated................................................

APPENDIX D

Form for Sanction or Refusal of Building Permit

The Authority,

U.P. Housing and Development Board,

…………………………………………….

…………………………………………….

…………………………………………….

…………………………………………….

…………………………………………….

1.

2.

3.

4.

5.

6.

Signature of the authority...........................

APPENDIX E

Form for Notice for Commencement of Building Work

The Authority,

U.P. Housing and Development Board,

…………………………………………….

…………………………………………….

Signature of owner...................

Name of owner(In block letters).....................

Address of owner...................

Dated..................... ..................................

Appendix F

Form for Completion Certification of Building Work

The Authority,

U.P. Housing and Development Board,

…………………………………………….

…………………………………………….

Signature of Architect..................................

Name of Architect...................(In block letters)

Licence No. of Architect................................

Address of Architect.......................(Registered)

Dated............... ...

APPENDIX G

Form for Occupancy Certificate

The Authority,

U.P. Housing and Development Board,

…………………………………………….

…………………………………………….

…………………………………………….

…………………………………………….

…………………………………………….

Signature of Authority...................

Name Designation and......................

Address of the Authority..................

APPENDIX 1

Schedule of Compounding Fees to be Charged for Unauthorised Construction under Section 81 of U.P. Avas Evam Vikas Parishad Adhiniyam

1. Authority can refuse to compound any case of unauthorised construction.

2. The following category of unauthorised construction shall not be compounded -

(a) any construction not in conforming of the land use proposal contained in the Master Plan of the area.

(b) on Government or Public or Parishad land.

(c) on the first floor of construction within the prescribed front side and rear, set backs which have been compounded earlier.

APPLIED : Means applied on the prescribed form to the Authority in a prescribed manner, supplying all the informations required by the authorised applicant.

WAITED : Means to wait for the reply from the office of the Authority on the application or the reminder after waiting for the prescribed period.

REMINDER : Means reminding the office of the Authority by written communication calling its attention to the omission or neglect in the disposal of the case.

(ii) If unauthorised constructions falls in more than one type of unauthorised constructions, the compounding fee shall be charged separately for every offence.

(iii) Projections on public, Parishad and Government land shall not be compounded in any circumstances.

APPENDIX J