Residential Byelaws

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Residential Byelaws Powered By Docstoc
					Document for applicable Residential Building Byelaws at Delhi NCR
(Delhi, Noida, Greater Noida, Ghaziabad, Gurgaon & Faridabad) region.
Height of habitable room (in ft) and Status of balconies for carpet area calculation
City           Minimum           Maximum           Balconies
Delhi          9                 13                3ft or more will be included in carpet area
Noida          9                 NA                3ft or more will be included in carpet area
Greater        NA                NA                All included in carpet
Ghaziabad      9                 NA                Included in carpet/FAR
Gurgaon        9                 NA                All included in carpet
Faridabad      9                 NA                50% of balcony area is included


Delhi Setback as per MPD 2001
Plot Area (sq m)           sqyd            Front         Rear     Side1 (ft)    Side2 (ft)
                                            (ft)         (ft)
     Upto 60                72               0            0            0             0
Above 60 to 150           72-179            10              0          0             0
Above 150 to 300         179-359            10              10         0             0
Above 300 to 500         359-598            10              10        10             0
  Above 500 to          598-1,196           20              10        10            10
 Above 1,000 to         1,196-2,391         30              10        10            10
  Above 2,000 to     2,391-4,782        30         20           20           20
1. In case permissible coverage is not achieved within setbacks, the setbacks of
   the preceding category may be allowed.
2. For plots upto 150 sqm, rear setback shall 6.6'x6.6' at corner; open courts of
   plots rear and side have to be adjacent
Delhi Setback as per MPD 2021
     Plot size (in sqm.)                            Minimum Setbacks (in ft)

                                      Front           Rear          Side(1)         Side(2)

            Below 100                  0                0              0                 0

   Above 100 and upto 250              10               0              0                 0

   Above 250 and upto 500              10              10             10                 0

  Above 500 and upto 2000              20              10              10                10

 Above 2000 and upto 10000             30              20             20                 20

         Above 10000                   50              30              30                30
1. In case the permissible coverage is not achieved with the above-mentioned setbacks
   in a plot, the setbacks of the preceding category may be allowed.
2. In the case of construction in the future, a minimum 2m x 2m open courtyard shall
   be provided for in residential plots of area of 50 sqm. to 100 sqm.
3. Number of servant quarters shall be provided as per approved layout plan and shall
   be constructed within the stipulated height. However, if the garage block space is
   merged with the main building, no separate servant quarter block or servant quarter,
   as part of main building shall be allowed. However, provision for a servant's room as
   part of the dwelling unit within the permissible coverage FAR shall be allowed.
4. Each servant quarter shall comprise of one habitable room of area not less than 11
   sqm. floor area, exclusive of cooking verandah, bathroom and lavatory. The
   maximum size of servant quarter shall be 25 sqm. If larger in size, the servant's
   quarter shall be counted in density as a full dwelling unit.


FAR As per DELHI Master Plan 2001
                                                                       NO OF      Max.Height
Area of plot (sqm)     Area of plot (sq yd.)     % GC           FAR
                                                                        DU's         (ft)
      Below 32               Below 38             75            225      1            41
   Above 32 to 50         Above 38 to 60          75            225       2            41
  Above 50 to 100         Above 60 to 120         75            225       3            41
 Above 100 to 250*       Above 120 to 299        66.66          200       3            41
 Above 250 to 500*       Above 299 to 598         50            150     3 (4)          41
Above 500 to 1000*       Above 598 to 1196        40            120     6 (8)          41
Above 1000 to 1500*     Above 1196 to 1793       33.33          100     6 (8)          41
Above 1500 to 2250      Above 1793 to 2690       33.33          100     9 (12)         41
Above 2250 to 3000      Above 2690 to 3587       33.33          100    12 (16)         41
Above 3000 to 3750      Above 3587 to 4483       33.33          100    15 (20)         41


* Area of plot (sqm)    Area of plot (sq yd.)            % GC                    FAR
   Up to 112 sqm           Up to 134 sqyd        75% of 119.6 sqyd            225 of 119.6
  Up to 333.33 sqm        Up to 398.67 sqyd      66.6% of 299 sqyd         200 of 299 sqyd
   Up to 625 sqm          Up to 747.5 sqyd        50% of 598 sqyd          150 of 598 sqyd
   Up to 1200 sqm          Up to 1435 sqyd        40% of 1196 sqyd            120 of 1196
*= The permissible maximum covered area on ground floor and FAR shall in no case be less than
the permissible covered area and FAR for the largest plot in the lower category.
FAR As per DELHI Master Plan 2021
                                                                                              Applicable
                                                                        NO OF      Max.Ht
Area of plot (sqm)        Area of plot (sq yd.)      % GC       FAR                           DU's (as per
                                                                         DU's       (ft)
                                                                                              SC) #
      Below 32                   Below 38              90*       350       3          50            3
   Above 32 to 50            Above 38 to 60            90*       350       3          50              3
  Above 50 to 100            Above 60 to 120           90*       350       4          50              4
 Above 100 to 250*          Above 120 to 299          75#       300#       4          50              4
 Above 250 to 750*          Above 299 to 897           75        225       6          50              5
Above 750 to 1000*         Above 897 to 1196           50        150       9          50              7
Above 1000 to 1500*        Above 1196 to 1793          40        120       9          50              7
Above 1500 to 2250         Above 1793 to 2690          40        120       12         50              10
Above 2250 to 3000         Above 2690 to 3587          40        120       15         50              10
Above 3000 to 3750         Above 3587 to 4483          40        120       18         50              10
     Above 3750                Above 4483              40        120       21         50              10



* Area of plot (sqm)      Area of plot (sq yd.)               % GC                         FAR
    Upto 117 Sqm               Upto 140 Sqyd            90% of 120 sqyd            350 of 120 sqyd
    Upto 120 Sqm               Upto 144 Sqyd            90% of 120 sqyd
  Up to 333.33 sqm           Up to 398.67 sqyd                                     300 of 299 sqyd
    Upto 666 Sqm             Upto 797.5 Sqyd           50% of 1196 sqyd            150 of 1196 sqyd
   Up to 1200 sqm             Up to 1495 sqyd          50% of 1196 sqyd            150 of 1196 sqyd
*= The permissible maximum covered area on ground floor and FAR shall in no case be
less than the permissible covered area and FAR for the largest plot in the lower
category.
# DU = Dwelling Units, SC – Supreme Court order dated March 14, 2008.

1. 100% ground coverage could be regularized for constructions already existing as on 22/09/06 by
   payment of charges.
2. 100% ground coverage & 350 FAR could be regularized/implemented for plot sizes between 100 to
   175 sqm and existing constructions as on 22/09/2006.
3. No additional dwelling unit beyond permissible limit is permitted. Subdivisions of plots are not
   permitted. The mezzanine floor and service floor, if constructed, shall be counted in the FAR.
4. Stilt area shall not be included in FAR but would be counted towards the height of the building. Pre
   1962 plotted double storied flats shall be treated as Residential Plots.
5. Basement shall not be counted towards FAR if used for household storage and parking. Basement
   area shall not extend beyond the coverage on the ground floor as per permissible and sanctioned
   built up area, but may extend to the area below the internal courtyard and shaft. Mixed Use
   regulations shall count towards FAR and shall be liable to payment of appropriate charges, if it
   exceeds the permissible FAR.
6. In the case of construction in the future, a minimum 2m x 2m open courtyard shall be provided for
   in residential plots of area of 50 sqm. to 100 sqm.
7. Plot owners / allottees seeking extra coverage, additional floor or part thereof, over and above
   Gazette Notification dated 23.07.98, as per above mentioned norms shall be charged betterment
     levy (or additional FAR charges) at the rates notified with the approval the Government from time
     to time. This is in addition to the levy payable on the additional FAR allowed vide notification dated
     23.07.98 and over the FAR allowed vide notification dated 15.05.95.
8. Maximum number of dwelling units will be applicable as per Supreme Court order dated March 14,
   2008.
9. Third floor will only be sanctioned by MCD post getting an affidavit from applicant in pursuance of
   Supreme Court order dated March 14, 2008.
     Based on writ petition under WRIT PETITION (CIVI L) NO(s). 4677 OF 1985 M.C.MEHTA
     Petitioner(s) VERSUS UNION OF INDIA & ORS vide order dated March 14, 2008, Supreme
     Court of India in I.A. NOS. 2212 – 2213 has directed MCD as explained.

     Subject to fulfilling the requirement as regards the height and the FAR, construction of Third
     floor is permitted on the following terms:

A. Where under MPD 2021, the permissible number of dwelling units is 6, it shall be 5 and in case
   where it is 9, it shall not be more than 7, and in other cases it shall not be more than 10, i.e. of the
   categories 8 to 11 indicated in the comparative statement, as per the Master Plan.
B.    The MCD, DDA and the NDMC shall permit the aforesaid construction to be carried out subject to
     filing of an undertaking that no equity shall be claimed if ultimately it is found that the
     MPD 2 0 2 1 suffers from infirmity, and demolition of unauthorized and/or impermissible
     construction is to be made, the same shall be carried out. If any construction is made or is to
     be made, which, in turn, is sold or transferred to any other person, the stipulation regarding non-
     claim of equity shall also be applicable. The matter shall be processed by the MCD, DDA and the
     NDMC only after the undertakings to the aforesaid effect by way of an affidavit is filed with the
     concerned authority.
C. Order dated 23.07.2007 shall continue to be operative in respect of the categories of the buildings
   which are covered as "excepted category". Orders shall be operative only in respect of
   the Residential Plotted Development Areas covered by the Master Plan 2021.
FAR for NOIDA

   Plot (in sq m)                % GC           FAR (%)       NO OF DU's     Max.Height (ft)
      First 100                   66              150             2               33
      Next 150                    60              150             3               50
      Next 250                    50              150             3               50
      Next 500                    40              150             3               50


                                                                         FAR          No. of   Max.
Area of plot (sqm)            % GF            % FF         % SF
                                                                        (Sqm)         DU’s     Ht. (Ft)
         100                     66             66           18          150            2         33
         112                    73.2          73.2          21.6          168              3       50
         162                    103.2         103.2         36.6          243              3       50
         180                     114           114           42           270              3       50
         200                     126           126           48           300              3       50
         250                     156           156           63           375              3       50
         300                     181           181           88           450              3       50
1. Basement if used for any purpose other than the following, will be included in FAR- Store of
   any kind, dark room, strong room, bank cellars, AC equipment or other machines used for
   services and utilities in the building, parking places or stock rooms. Basement is allowed as
   50% of maximum ground coverage for respective plots.
2. Mumty or stair cover is not counted in FAR. Machine room for lift on the top floor required for
   lift installations is not included in FAR.
3. The shaft provided for lift is taken for covered area calculations only on one floor.
4. Watchman shelter on plot of 0.05 acres or more having max area of 10 sq m and max height
   of 3 m located in front set back along the plot frontage is not a part of FAR .
5. In Group Housing, GF coverage is 30% and FAR is 2.0 whereas no height restrictions have
   been laid.

Applicable Setbacks for Noida
                                                       Minimum Front Set Back from the
          Depth of the plot (Mtr)
                                                          boundary of the plots (Mtr)

                    Up to 9.0                                             1.0

      Above 9.0 and not exceeding 12                                      2.0

      Above 12 and not exceeding 18                                       3.0

      Above 18 and not exceeding 27                                       4.5

      Above 27 and not exceeding 36                                       6.0

      Above 36 and not exceeding 45                                       9.0

      Above 45 and not exceeding 60                                       12.0

                    Above 60                                              15.0
  1. Rear open space –
     Every building shall have a rear yard forming an internal part of the site, of an average width
     of 3 mtr and at no places measuring less than 1.80 mtr.
      In case of corner plots less than 300 Sqm in area the rear set back shall be average width of
     2.4 mtr and at no place measuring less than 1.80 mtr.
  2. Side Open Space –
      Every semi-detached and detached building on plots of 300 sqm area and above shall have
     open space one side of 3 mtr width as per set back plan prepared by the authority.
      In case of corner plots of area less than 300 sqm, the side set back shall be minimum1.2 mtr
     up to 40% of the buildings length towards the side road facing.



  FAR for GREATER NOIDA
     Plot (in sqm)                % GC              FAR         Max. Height (ft)
        Up to 50                   75               200              49.3
     Above 50 to 75                75               190              49.3
    Above 75 to 300                75               180              49.3
    Above 300 to 500               65               160              49.3
  1. Basement (Only single) if used for parking, services, storage is not included in FAR and
     allowed up to maximum GF coverage (Basement shall not exceed beyond building envelope).
  2. Stilt area of non-habitable height proposed to be used for parking, landscaping.
  3. In case of corner plots in plotted housing up to 200 sqm area, two load bearing columns of
     max. size 300m X 300m in side setback are allowed and are not included in FAR.
  4. Loft up to 1.2 meter (4 feet) height are not included in FAR.
  5. Chajja projection (in set backs) of width of 0.75 m & canopy projections of 4.5 m X 2.4 m in
     front/side set backs (max 2 Nos.) in plots where front set back is 14.8 feet or more and one
     similar canopy in side set back where side set back where front setback.
  6. In case of group housing, well, water pool, swimming pool, uncovered platform around tree,
     tank, fountain, bench, and uncovered staircase (unenclosed and uncovered on three sides
     except for 0.9 m high railing/ wall and open to sky).
  7. FAR includes- Mezzanine, mumty for staircase, cupboards, balconies, bay windows & pergola
     (refer byelaws in case of pergola).

  Applicable Setbacks for Greater Noida
                          Front          Rear (ft) (Setback X           Side (ft) (Setback X Bldg
  Plot (in sq m)
                           (ft)             Bldg Length)                         Length)

      Upto 50                5             5              7.9               -                  -

 Above 50 upto 75            5            6.6             10                -                  -

Above 75 upto 120          6.6            7.9         14.5 to 19            -                  -

Above 120 upto 200         9.8            7.9         17.2 to 21            -                  -

Above 200 upto 300         10.7           10          18 to 21.4            10               14.8

Above 300 upto 400         13.1           10         19.7 to 29.6           10            49 to 65.7

Above 400 upto 500         14.8          11.5         29.6 to 36            10            49 to 65.7
Transfer Charges for Noida (Plots/ Society/ Developer Flats)



                                                         Plots Circle      GHP circle         Transfer
Category                      Sector                      Rate from        rates from       Charges for
                                                         08.05.2008         08.05.08        plots & Flats
      A                14, 14A,15A,17,44                    39600            54000              1980
               15, 19, 21, 25, 26, 27, 28, 29, 30,
      B                                                     27600             36000              1380
                33, 35, 36, 37, 39, 40, 47 & 51
               20, 23, 31, 32, 34, 41, 42, 43, 46,
      C                                                     20100             28800              1005
                48, 49, 50, 52, 53, 61, 71 & 92
      D         11, 12, 22, 55, 56, 72, 105, 108            16800             28800               840
      E                      Others                         14400             20400               720
     In addition to sector rate, following location charges are also applicable;

     1.   For corner plot : 5% of the premium.
     2.   For plot facing park/green belt: 5% of the premium
     3. For plots facing 18 mtr. Or wider road: 5% of the premium.
     4. For Plot facing 30 mtr or wider road: 20% of the premium.



Transfer Charges for Authority Flats-Noida



           Period of allotment                                  Rate of transfer charges
             up to 31.12.1990                                   40% of the allotment cost
     Between 01.01.1990 to 31.12.2000                           15% of the allotment cost
           01.01.2001 onwards                                    7% of the allotment cost



•    Period of Lease and lease rent/ service charges :
1. Allotment of house/ flat is made on leasehold basis for a period of 90 years. The lease period in
   respect of the proportionate land is counted from the date of hire purchase tenancy agreement or
   lease -cum-sale deed which ever is earlier.
2. Service charges/lease rent is charges @1% of the cost of land component of the allotted house/flat
   and revisable after every 10 years.
3. For deciding the period of allotment, date of first letter pertaining to allotment of flat/house shall
   be taken into consideration.
4. In case of transfer amongst prescribed categories 50% of the above mentioned transfer charges
   shall be applicable s the case maybe.
5. Persons holding valid registered power of attorney and registered agreement to sell can also
   submit transfer application form on behalf of the lessee. However transfer charges in this case are
   1.5 times of the prevailing transfer charges for the first transfer.
6.    Transfer charges for plots & GHP Flats in Greater Noida is @ Rs 525 per sqm
     and for Authority flats, the same is @ Rs 90 per sqm.
FAR for GHAZIABAD


    Area of plot (sqm)          Area of plot (sq yd.)      % GC         FAR        NO OF DU's
         Up to 50                       Up to 60             75         200            2
          51-100                     From 61 to 120          75         200           2+1
         101-200                     from 121 to 239         70         175           3+2
         201-300                     from 239 to 359         65         175           3+2
         301-500                     from 360 to 598         55         150           4+2
        Above 500                      above 598             45         125           4+4
1. FAR will include Mezzanine, Mumty for staircase, Cupboards, Balconies & Bay
   windows. 50% of the area acquired by GDA is included in FAR at the time of road
   widening. But this area should be less than 25% of permissible FAR on the remaining
   plot.
2. Basement if used for any purpose other than the following will be included in FAR- AC
   Official or commercial use, house hold storage, non flammable goods storage, dark
   room, strong room, bank cellars, AC equipment or other machines used for services.
3. For Group Housing, GF coverage is 35% and FAR is 2.5.
4. Basement is not permitted for plots upto 200 sqm. For plots more than
   200sqm in size, 20% of maximum ground floor coverage is permitted.


Applicable Setbacks for Ghaziabad


 Plot (in sq m)      Plot (in sqyd)          Front (ft)     Rear (ft)    Side1       Side2
                                                                          (ft)        (ft)

     Upto 50              Upto 60                  3.28           -           -        -

     51-100               61-120                    5             5           -        -

    101-150              121-179                   6.6         6.6            -        -

    151-300              180-359                   10             10          -        -

    301-500              360-598                   14.8       14.8            10       -

    Above500             Above 598                 19.8       19.8            10       5

(Construction upto height 23 ft. allowed on 40% area of rear setback.
FAR for GURGAON / FARIDABAD


     Area of plot                             Area of plot                               Max.Height
                           FAR (%)                                 % GC        % FF
       (sq yd.)                                 (sq yd.)                                    (ft)
      Up to 250              145               Up to 269           60%         55%           40
       Next 108              100               Next 269            40%         35%            40
       Next 143              95                Remainder           35%         25%            40
      Remainder              80



                                       FAR        FAR (in
            Area of plot                                         % GC           % FF         % SF
                                       (%)         Sqft)
                                                                                743
    6 Marla ~ 125 sqm ~ 150 sqyd        145         1948       810 (60%)                  405 (30%)
                                                                               (55%)
                                                                                1238
    10 Marla ~ 209 sqm ~ 250 sqyd       145         3263      1350 (60%)                  675 (30%)
                                                                               (55%)
                                                                 1744.2        1586.7         764.1
    14 Marla ~ 293 sqm ~ 350 sqyd       130        4162.5
                                                                (42.6%)       (38.7%)       (18.7%)
                                                                 2291.4        2065.5        1064.7
    1 Kanal ~ 420 sqm ~ 502 sqyd        120        5448.6
                                                                (42.3%)       (38.1%)       (19.6%)
                                                                               3227.4        1919.7
    2 Kanal ~ 840 sqm ~ 1004 sqyd       100         9050      3889 (43%)
                                                                              (35.7%)       (21.2%)


1. Cantilevered sunshade, chhajja from the face of any wall upto 1.8 m (6 feet) beyond
   the wall & min height 7.55 feet are not included in FAR.
2. Canopy & pargola for architectural effects in not included in FAR. Catilievered balcony
   projecting max 6 feet beyond the face of wall on the front & rear of the main
   residential zone is not included in FAR.
3. FAR applicable if only four dwelling units per plot are permitted. Plots 100 sq m or
   less under "EWS Schemes" framed by Government, Housing Board, Improvement
   Trust or any Local Authority; the Authority may relax GC to max 66% and FAR to
   165.
4. Vertical shaft open to sky of min size 1.25m X 1.50 m (4 ft X 5 ft) provided for
   ventilation to toilets, baths, WC's only is counted in FAR.
5. Basement is allowed same as GF coverage (Not more than that).
6. Not more than four dwelling units are permitted on any plot and maximum two
   units can be constructed each on ground & first floor.




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  The above-said byelaws have been abstracted from the relevant publications of building byelaws of
concerned authorities. For more detailed understanding, reference can be made to these Byelaws / Master
Plan documents of relevant local authorities.