THE

JAMMU AND K ASHMIR OFFICIAL GAZETTE

Vol. 134]

Jammu, Thu., the 3rd Feb., 2022/14th Magha, 1943.

[ No. 45

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

REGD NO. JK––33

CONTENTS

English

Pages

Vernacu-

lar pages

PART

I-A— Appointments, promotions, transfers and leave

of absence sanctioned by the Governor,

Government and the Ministers

....

PART

I-B– Notifications, Communiques and General Orders

by the Government and the Ministers ....

PART

II-A– Appointments, promotions, transfers and leave

of

absence

sanctioned

by

Heads

of

Departments ....

PART

II- B– Notifications, Notices and Orders by Heads of

Departments, Provincial Heads, Magistrates and

other officers competent to issue public notices

under any law or rule ....

PART

II-C– Notifications, Notices and Orders by Election

Commission of India, Chief Electoral Officer,

Jammu and Kashmir and other Officers of the

Department, Election Petitions and Judgements

of Election Tribunal

....

PART

III- Laws,

Regulations

and

Rules

passed

thereunder

....

PART

IV– Reprints from the Government of India Gazette or

Gazettes of others Governments....

PART

V– Information and Statistics ....

(a) Rates and prices in the State....

(b) Rates and wages ....

(c) Crop Report and Forecasts

....

(d) Whether Observations

....

(e) Vital Statistics

....

SUPPLEMENT-A–Trade

Monthly Imports and Exports from

the State ....

SUPPLEMENT-B–Police

....

SUPPLEMENT-C–Advertisements

....

Printed at the Ranbir Government Press, Jammu.

690-694

621-628

89-90

363-368

239-252

113-116

690

The J&K Official Gazette, the 3rd Feb., 2022/14th Magha, 1943.

[ No. 45

––––––––––––––––––––––––––––––––––––––––––––––––—–––————

PART I-A

Jammu & Kashmir Government–Orders

––––––––

HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT

JAMMU/SRINAGAR

(Exercising powers of Bar Council under Section 58 of the Advocates

Act, 1961).

Notification

No. 1213/RG/LP Dated 16-10-2021.

Provisional admission granted under the Advocates Act, 1961 in

favour of Mr. Akhlaq Hussain S/o Ghulam Hussain R/o Chak Banola,

Mendhar, District Poonch vide Notification No. 49 dated 13-06-2019

for a period of one year has been extended till 31-12-2022 after

condonation of delay and subject to the verification of his Certificates/

LL.B Degree from the concerned University and verification of his

character and antecedents from the CID.

The renewal/extension of provisional licence/enrollment must be

sought before the date of expiry unless the absolute/final enrollment as

an Advocate is ordered therebefore.

By order.

––––––––

Notification

No. 1214/RG/LP Dated 16-10-2021.

Provisional admission granted under the Advocates Act, 1961 in

favour of Mr. Abass Qadir S/o Ghulam Qadir Mir R/o Gundi Sorth

Karnah Kupwara A/P Towheedabad, Maloora, Srinagar vide Notification

No. 760 dated 19-09-2019 for a period of one year has been extended

till 31-12-2022 after condonation of delay and subject to the verification

of his Certificates/LL.B Degree from the concerned University and

verification of his character and antecedents from the CID.

No. 45]

The J&K Official Gazette, the 3rd Feb., 2022/14th Magha, 1943.

691

–––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

The renewal/extension of provisional licence/enrollment must be

sought before the date of expiry unless the absolute/final enrollment as

an Advocate is ordered therebefore.

By order.

––––––––

Notification

No. 1215/RG/LP Dated 16-10-2021.

Provisional admission granted under the Advocates Act, 1961 in

favour of Mr. Shoket Ali S/o Mushtaq Ahmad R/o Lassana, Tehsil

Surankote, District Poonch vide Notification No. 125 dated 07-04-2017

for a period of one year has been extended till 31-12-2022 after

condonation of delay and subject to the verification of his Certificates/

LL.B Degree from the concerned University and verification of his

character and antecedents from the CID.

The renewal/extension of provisional licence/enrollment must be

sought before the date of expiry unless the absolute/final enrollment as

an Advocate is ordered therebefore.

By order.

––––––––

Notification

No. 1216/RG/LP Dated 16-10-2021.

Provisional admission granted under the Advocates Act, 1961 in

favour of Mr. Anil Singh Andotra S/o Onkar Singh Andotra R/o Village

Mirpuram, Ram Tehsil Nagri Parole, District Kathua vide Notification

No. 1167 dated 23-02-2015 for a period of one year has been extended

till 31-12-2022 after condonation of delay and subject to the verification

of his Certificates/LL.B Degree from the concerned University and

verification of his character and antecedents from the CID.

The renewal/extension of provisional licence/enrollment must be

sought before the date of expiry unless the absolute/final enrollment as

an Advocate is ordered therebefore.

By order.

––––––––

692

The J&K Official Gazette, the 3rd Feb., 2022/14th Magha, 1943.

[ No. 45

––––––––––––––––––––––––––––––––––––––––––––––––—–––————

Notification

No. 1217/RG/LP Dated 16-10-2021.

Provisional admission granted under the Advocates Act, 1961 in

favour of Mr. Kshitij Spolia S/o Kuldeep Kumar Spolia R/o Dher

Phinter, Tehsil Bilawar, District Kathua vide Notification No. 1272 dated

02-01-2019 for a period of one year has been extended till 31-12-2022

after condonation of delay and subject to the verification of his

Certificates/LL.B Degree from the concerned University and verification

of his character and antecedents from the CID.

The renewal/extension of provisional licence/enrollment must be

sought before the date of expiry unless the absolute/final enrollment as

an Advocate is ordered therebefore.

By order.

––––––––

Notification

No. 1218/RG/LP Dated 16-10-2021.

Provisional admission granted under the Advocates Act, 1961 in

favour of Mr. Nitan Sharma S/o Sh. Madan Gopal R/o Village Neeli

Nallah, P/O Barolla, Tehsil and District Udhampur vide Notification

No. 1903 dated 16-03-2018 for a period of one year has been extended

till 31-12-2022 after condonation of delay and subject to the verification

of his Certificates/LL.B Degree from the concerned University and

verification of his character and antecedents from the CID.

The renewal/extension of provisional licence/enrollment must be

sought before the date of expiry unless the absolute/final enrollment as

an Advocate is ordered therebefore.

By order.

––––––––

Notification

No. 1219/RG/LP Dated 16-10-2021.

Provisional admission granted under the Advocates Act, 1961 in

favour of Ms. Arti Somria D/o Karan Singh Somria R/o H. No. 797-A,

No. 45]

The J&K Official Gazette, the 3rd Feb., 2022/14th Magha, 1943.

693

–––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

Subash Nagar, Jammu vide Notification No. 759 dated 19-09-2019 for

a period of one year has been extended till 31-12-2022 after condonation

of delay and subject to the verification of her Certificates/LL.B Degree

from the concerned University and verification of her character and

antecedents from the CID.

The renewal/extension of provisional licence/enrollment must be

sought before the date of expiry unless the absolute/final enrollment as

an Advocate is ordered therebefore.

By order.

––––––––

Notification

No. 1220/RG/LP Dated 16-10-2021.

Provisional admission granted under the Advocates Act, 1961 in

favour of Ms. Razia Parveen D/o Fazul Ullah R/o Chuchot Yokma

Shagran, Nugal, Leh-Ladakh vide Notification No. 587 dated

07-08-2018 for a period of one year has been extended till 31-12-2022

after condonation of delay and subject to the verification of her

Certificates/LL.B Degree from the concerned University and verification

of her character and antecedents from the CID.

The renewal/extension of provisional licence/enrollment must be

sought before the date of expiry unless the absolute/final enrollment as

an Advocate is ordered therebefore.

By order.

––––––––

Notification

No. 1221/RG/LP Dated 16-10-2021.

Provisional admission granted under the Advocates Act, 1961 in

favour of Mr. Abhishek Khajuria S/o Karam Chand Khajuria R/o Sallan,

Dayalachak, Tehsil Hiranagar, District Kathua vide Notification No. 1142

dated 23-02-2015 for a period of one year has been extended till

31-12-2022 after condonation of delay and subject to the verification

of his Certificates/LL.B Degree from the concerned University and

verification of his character and antecedents from the CID.

694

The J&K Official Gazette, the 3rd Feb., 2022/14th Magha, 1943.

[ No. 45

––––––––––––––––––––––––––––––––––––––––––––––––—–––————

The renewal/extension of provisional licence/enrollment must be

sought before the date of expiry unless the absolute/final enrollment as

an Advocate is ordered therebefore.

By order.

––––––––

Notification

No. 1222 of 2021/RG Dated 18-10-2021.

Provisional admission as on Advocate, granted under the

Advocates Act, 1961 in favour of Mr. Hasnain Mustafa Khawja S/o

Tasaduq Hussain Khawja R/o H. No. 108, Green Park, HIG Colony,

Bemina, Srinagar vide Notification No. 1769 dated 06-05-2020 has been

declared as Absolute/Final after condonation of delay.

By order.

(Sd.) MOHAMMAD YASIN BEIGH,

Registrar (Adm.).

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

––––––––––––––––––––––––––––––––––––––––––––––––––––––

Vol. 134] Jammu, Thu., the 3rd February, 2022/14th Magha, 1943. [ No. 45

––––––––––––––––––––––––––––––––––––––––––––––––––––––

Separate paging is given to this part in order that it may be filed as a

separate compilation

––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I––B

Jammu and Kashmir Government—Notifications.

–––––––

GOVERNMENT OF JAMMU AND KASHMIR,

CIVIL SECRETARIAT—REVENUE DEPARTMENT.

Subject :—Acquisition of land measuring 23 Kanals 17 Marlas (local Kanal)

situated in Villaage ‘‘Dharam’’ Tehsil Gool, District Ramban for

construction of Gool-Gundi Gagarsullah Road under PMGSY—

Issuance of declaration under sections 6, 7, and 17 of the Land

Acquisition Act, thereof.

—————

Notification No. 21-Rev (LAJ) of 2021

Dated 10-03-2021.

Whereas, indent has been placed for land measuring 23 Kanals 17

Marlas, specifications whereof are given in Annexure-‘‘A’’ to this notification

that it is required for public purposes viz. construction of Gool-Gundi

Gagarsullah Road under PMGSY situated in Village ‘‘Dharam’’, Tehsil Gool,

District Ramban ; and

622 The J&K Official Gazette, 3rd Feb., 2022/14th Magha, 1943.

[No. 45

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Whereas, on the basis of indent placed by the Executive Engineer,

PMGSY Division, Ramban vide No. PMGSY/DR/118-22 dated 26-04-2014

read with No. CEJ/PMGSY/960-63 dated 15-04-2017, a notification under

section 4(1) of the Land Acquisition Act, Svt., 1990 was issued by Collector

Land Acquisition (SDM), Gool vide No. 27-36/SDM/G/PMGSY dated

20-04-2018 read with No. SDM/G/PMGSY/260-69 dated 18-10-2018, calling

upon the objections from the land owners/interested persons ; and

Whereas, in response to the above referred notification, no objections

were received from the land owners/interested persons within the stipulated

time as required under sections 5 & 5-A of the Land Acquisition Act. The

Collector concerned vide No. SDM/G/46-51 dated 07-05-18 read with

No. SDM/G/1810-14 dated 09-11-2020 submitted the case to the District

Collector (DC), Ramban for issuance of notification under sections 6, 7 and

17 of the Land Acquisition Act ; and

Whereas, the District Collector (DC), Ramban vide No. DC/LA/Rbn/

887-88 dated 16-12-2020 submitted the case to the Divisional Commissioner,

Jammu who endorsed to the Financial Commissioner (Revenue) vide

No. 502/4275/Dharam/PMGSY/Ramban/21/6392 dated 04-02-2021 dated

12-02-2021 forwarded the case to this Department ; and

Whereas, the case has been examined in the department and it is

observed that no objections were filed by the land owners/interested persons

in the instant case ; and

Whereas, the Government is satisfied that the land particulars whereof

are given at Annexure ‘‘A’’ to this notification is required for public purposes

viz. construction of Gool-Gundi Gagarsullah Road under PMGSY situated

in Village ‘‘Dharam’’, Tehsil Gool, District Ramban ; and

Now, therefore, in pursuance of section 6 of the J&K Land Acquisition

Act, Samvat 1990, it is declared that the land measuring 23 Kanals 17 Marlas

(local Kanal) situated in Village ‘‘Dharam’’, Tehsil Gool, District Ramban

particulars whereof are given in Annexure ‘‘A” to this notification is required

for public purpose viz. widening of Gool-Gundi Gagarsullah Road under

PMGSY. Further, the Collector, Land Acquisition (SDM), Ramban, is directed

No. 45] The J&K Official Gazette, 3rd Feb., 2022/14th Magha, 1943.

623

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

under section 7 of the said Act to take orders for acquisition of the said

land after giving prescribed notice to the interested person(s) as required

under the Land Acquisition Act/Rules. Further, in pursuance of section 17

of the Land Acquisition Act, Svt. 1990, it is also ordered that on expiry of

fifteen days from the publication of the notification under section 9(2) of the

said Act, the Collector will take possession of the aforementioned land required

for public purpose subject to the fulfillment of the conditions prescribed

under section 9(2) and section 17-A of the Land Acquisition Act and rule 63

of the Land Acquisition Rules.

However, the Collector concerned shall be specifically held responsible

for identification and proper title verification of all types of lands involved in

the case for making apportionment of compensation amongst all the interested

persons/rightful claimants, in accordance with the relevant laws/rules in

force, while making the award.

(Sd.) SHALEEN KABRA, IAS,

Principal Secretary to the Government,

Revenue Department.

______

Annexure ‘A’

District

Tehsil

Village

Khasra Nos.

Area

––––––––––––––––––––––––––––––––––––––––––––––––––––––

1

2

3

4

5

—————————————————————————————

K. M.

Ramban

Gool

Dharam

2572/1914/1167/1

02–04

2572/1914/1167/1

02–07

2572/1914/1167/1

01–14

2572/1914/1167/1

02–14

2572/1909/1167/1

03–06

2572/1912/1167/1

01–17

624 The J&K Official Gazette, 3rd Feb., 2022/14th Magha, 1943.

[No. 45

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M.

2572/1908/1167/1

05–10

827

01–15

827

02–07

827

00–01

827

00–01

864

00–01

–––––

23–17

–––––

———

GOVERNMENT OF JAMMU AND KASHMIR,

CIVIL SECRETARIAT—REVENUE DEPARTMENT.

Notification No. 273-Rev (LAJ) of 2020

Dated 26-05-2020.

Whereas, the land, specifications whereof are given in Annexure ‘‘A’’

to this notification is required for construction of road from Thalsara to

Malothi via Derka under PWD (R&B), situated at Village Thalsara, Tehsil

Bhalla, District Doda ;

Whereas, on the basis of indent placed by Chief Engineer, PW (R&B)

Department, Jammu, a notification under section 4 (1) was issued by

Collector, Land Acquisition (ACR), Doda vide No. 886-93/Acq. dated

21-09-2019 for land measuring 17 Kanals and 19 Marlas situated in Village

Thalsara, Tehsil Bhalla, District Doda for construction of road from Thalsara

to Malothi via Derka under PWD (R&B) ;

Whereas, the Collector, Land Acquisition (ACR), Doda vide letter

No. 1515-20/Acq. dated 19-10-2019 has reported that the notification issued

under section 4 (1) of the J&K State Land Acquisition Act by him was

served upon the interested persons for filing objections, if any, to the proposed

1

2

3

4

5

—————————————————————————————

No. 45] The J&K Official Gazette, 3rd Feb., 2022/14th Magha, 1943.

625

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

acquisition, but no objection was received from the land owners/interested

persons within the prescribed period as required under sections 5 & 5-A of

the land Acquisition Act ;

Whereas, the report furnished by Collector, Land Acquisition (ACR),

Doda, vide letter referred to above duly endorsed by District Collector,

Land Acquisition (DC), Doda vide No. 481/LAC/D/19 dated

21-10-2019 duly endorsed by Divisional Commisioner, Jammu vide

No. 502/3844/PWD/Thalsara/19/Doda/4022 dated 23-12-2019 and Financial

Commisioner, Revenue, J&K, Jammu vide No. FC/LS/4962/2019 dated

29-07-2020 has been examined and it has been found that the land owners

did not file any objection to the proposed acquisition ;

Whereas, the Government is satisfied that the land particulars whereof

are given above is required for public purpose viz. construction of road from

Thalsara to Malothi via Derka under PWD (R&B) .

Now, therefore, in pursuance of section 6 of the J&K State Land

Acquisition Act, Samvat 1990, it is declared that the land measuring

17 Kanals 19 Marlas situated in Village Thalsara, Tehsil Bhalla, District

Doda for construction of road from Thalsara to Malothi via Derka under

PWD (R&B). Further, the Collector, Land Acquisition (ACR), Doda is

direcred under section 7 of the said Act to take orders for acquisition of the

said land after giving prescribed notice to the interested person (s) as required

under the Land Acquisition Act/rules.

However, the Collector concerned shall be personally responsible for

idntification and proper title verification of all types of land involved in the

case for making apportionment of compensation amongst all the interested

persons/rightful claimants, in accordance with the relevent law/rules in force,

while making the award.

(Sd.) DR. PAWAN KOTWAL, IAS,

Principal Secretary to Government,

Revenue Department.

————

626 The J&K Official Gazette, 3rd Feb., 2022/14th Magha, 1943.

[No. 45

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Annexture ‘‘A’’

Particulars of Land

District

Tehsil

Village

Kh. Nos.

Area

–––––––––––––––––––––––––––––––––––––––––––––––––––––-

1

2

3

4

5

–––––––––––––––––––––––––––––––––––––––––––––––––––––-

K. M.

Doda

Bhalla

Thalsara

41

00–07

32

00–17

56

00–17

67

00–01

16

00–13

55

00–13

173

min

00–10

173

min

00–15

58

00–12

66

00–08

181

00–01

175

min

00–05

175

min

01–03

63

min

00–15

64

00–07

79

02–00

65

min

01–02

65

mn

00–05

207/42

00–06

206/42

00–03

15

00–09

No. 45] The J&K Official Gazette, 3rd Feb., 2022/14th Magha, 1943.

627

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

35

02–00

38

min

00–18

47

00–04

46

min

01–10

180

00–18

––––––

Total

17–19

––––––

––––––

GOVERNMENT OF JAMMU AND KASHMIR,

CIVIL SECRETARIAT–GENERAL ADMINISTRATION

DEPARTMENT.

Subject :—Nomination of Administrative Secretaries as Prabhari Officers

for Border Area Development Programme (BADP).

Reference :—PDMD-BADP/11/2021-02-Planning Development and

Monitoring.

––––––

Government Order No. 610-JK (GAD) of 2021

Dated 12-07-2021.

The following Administrative Secretaries are hereby nominated as

Prabhari Officers for the Districts indicated against each, for independent

feedback on the developmental works under the Border Area Development

Programme (BADP) :—

S.

Name of the Officer along with

District

No.

Designation

Assigned

––––––––––––––––––––––––––––––––––––––––––––––––––––––

1

2

3

––––––––––––––––––––––––––––––––––––––––––––––––––––––

Mr./Ms.

1.

Dheeraj Gupta, IAS,

Budgam

Principal Secretary to the Government,

Housing and Urban Development Department.

1

2

3

4

5

–––––––––––––––––––––––––––––––––––––––––––––––––––––-

K. M.

628 The J&K Official Gazette, 3rd Feb., 2022/14th Magha, 1943.

[No. 45

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

2.

Dr. Asgar Hassan Samoon, IAS,

Bandipora

Principal Secretary to the Government,

Skill Development Department.

3.

Navin Kumar Choudhary, IAS,

Baramulla

Principal Secretary to the Government,

Agriculture Production and FarmersWelfare

Department.

4.

Manoj Kumar Dwivedi, IAS,

Kathua

Commissioner/Secretary to the Government,

General Administration Department.

5.

Sanjeev Verma, IAS,

Rajouri

Commissioner/Secretary to the Government,

Forest, Ecology and Enviornment Department.

6.

M. Raju, IAS

Jammu

Commissioner/Secretary to the Government,

Jal Shakti Department.

7.

Dr. Shahid Iqbal Choudhary, IAS,

Poonch

Secretary to the Government,

Tribal Affairs Department.

8.

Sushma Chauhan, IAS,

Samba

Secretary to the Government,

Higher Education Department.

9.

Sarmad Hafeez, IAS,

Kupwara

Secretary to the Government,

Tourism Department.

By order of the Government of Jammu and Kashmir.

(Sd.)

MANOJ KUMAR DWIVEDI, IAS,

Commissioner/Secretary to the Government.

1

2

3

––––––––––––––––––––––––––––––––––––––––––––––––––––––

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

––––––––––––––––––––––––––––––––––––––––––––––––––––––

Vol. 134] Jammu, Thu., the 3rd Feb., 2022/14th Magha, 1943. [ No. 45

––––––––––––––––––––––––––––––––––––––––––––––––––––––

Separate paging is given to this part in order that it may be filed as a

separate compilation.

––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART II––A

Orders by Heads of Departments.

––––––

CHARGE REPORTS

Subject :—Assumption of charge.

———

Consequent upon my transfer and posting as Deputy Commissioner,

Udhampur vide Government Order No. 246-JK (GAD) of 2021 dated

16-03-2021, I hereby assume the charge of Deputy Commissioner,

Udhampur today on 18-03-2021 (A. N.).

(Sd.) INDU KANWAL CHIB, KAS,

Deputy Commissioner,

Udhampur.

————

90 The J&K Official Gazette, 3rd Feb., 2022/14th Magha, 1943. [No. 45

––––––––––––––––––––––––––––––––––––––––––––––––––––––

Subject :—Relinquishing of charge.

———

Consequent upon my transfer and posting as Deputy

Commissioner, Anantnag vide Government Order No. 246-JK (GAD) of

2021 dated 16-03-2021, I hereby assume the charge of Deputy

Commissioner, Udhampur today on 18-03-2021 (A. N.).

(Sd.) DR. PIYUSH SINGLA, IAS,

Deputy Commissioner,

Udhampur.

OFFICE OF THE STATE TAXES OFFICER, CIRCLE–B,

JAMMU.

Notification

(Under Rule 6(i) of the CST (J&K) Rules 1958).

It has been reported by M/s M. S. Vehicle Trading Pvt. Ltd.,

NH-1A, Narwal, Bye-pass Road, Jammu, TIN No. 01741020410, that

01 (one) No. Form ‘‘C’’ having Serial No. 05V-779300, has been

lost and matter stands published in the following two newspapers :—

1.

Punjab Kesari

dated 10-12-2021

(National News Paper).

2.

Daily Excelsior

dated 03-12-2021 (Local News Paper)

The dealer has also furnished an indemnity bond in this respect

which is placed in the Record File. Hence, the above mentioned Form

‘‘C’’ (01) No. is hereby declared invalid for the purpose of sub-section

(4) of section 8 of the CST Act, 1956. Anybody fraudulently using

the above mentioned Form ‘‘C’’ would render himself liable for penal

action as per Law. The person/s who find/finds the above mentioned

Form ‘‘C’’ will please return the same to the undersigned.

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

Vol. 143] Jammu, Thu., the 3rd Feb., 2022/14th Magha, 1943. [ No. 45

Separate paging is given to this part in order that it may be filed as a

separate compilation.

PART II—B

Notifications, Notices and Orders by the Heads of Departments.

———–

364 The J&K Official Gazette, 3rd Feb., 2022/14th Magha, 1943. [No. 45

No. of Form ‘‘C’’

:

01 (One)

Serial No.

:

05V-779300

Name & address of the dealer :

M/s M. S. Vehicle

Trading Pvt. Ltd.,

Jammu

Registration No./TIN

:

01741020410

Whether Lost/Stolen/or

:

Lost

Destroyed

Address of the dealer to whom :

NH-1A, Narwal,

Form ‘‘C’’ is issued

Bye Pass Road, Jammu.

(Sd.) .............................

Assessing Authority

State Taxes Officer,

Circle ‘B’ Jammu.

———

GOVERNMENT OF JAMMU AND KASHMIR (UT)

OFFICE OF THE MAYOR, MUNICIPAL CORPORATION,

JAMMU.

Notification

Jammu dated the 17th January, 2022.

Subject :—Notification of the elected members for the post of Chairman

of the Standing Committee(s).

———

Û

Whereas, in terms of section 40 of the Municipal Corporation Act

2000, J&K Municipal Corporation (Amendment) Act, 2018 and

Regulation 50 of the Jammu and Kashmir Municipal Corporation

(Procedure and Conduct of Business) Regulations 2005, notification

for election of Chairperson(s) of the Standing Committee(s) was

issued vide No. 2597-2605/Secy/2021/C dated 03-01-2022.

Û

Whereas, scrutiny of the nomination papers received in response

to above notification revealed that only one nomination each for

Swacch Bharat Standing Committee, Social Justice Standing

Committee and Public Health Sanitation Standing Committee had

beed received for the election of Chairpersons of these Standing

Commmittee(s).

No. 45] The J&K Official Gazette, 3rd Feb., 2022/14th Magha, 1943. 365

Û

Since only single (one) candidate has validly filed nomination in

respect of each of the Standing Committee(s) viz. Swacch Bharat

Standing Committee, Social Justice Standing Committee and Public

Health Sanitation Standing Committee in response to the notification

issued vide No. 2597-2605/Secy/2021/C dated 03-01-2022 for the

post of Chairman of these Standing Committee(s) i. e. Swacch

Bharat Standing Committee, Social Justice Standing Committee

and Public Health Sanitation Standing Committee.

Û

Since, there is no contesting candidate against Sh. Hardeep Sing

(Mankotia), Member of Swacch Bharat Committee, Sh. Ajay Gupta,

Member of Social Justice Committee and Sh. Raj Kumar, Member

of Public Health Sanitation Committee for the post of Chairmans

of Swacch Bharat Standing Committee, Social Justice Standing

Committee and Public Health Sanitation Standing Committee.

Û

Now therefore, in exercise of the powers conferred under

Regulation 50 of the Municipal Corporation (Procedure and Conduct

of Business) Regulations 2005, I Chander Mohan Gupta, Mayor,

Municipal Corporation, Jammu hereby declare members mentioned

in the enclosed list as duly elected Chairpersons of the Standing

Committee(s) unopposed mentioned therein.

(Sd.) CHANDER MOHAN GUPTA,

Mayor,

Municipal Corporation, Jammu.

———

366 The J&K Official Gazette, 3rd Feb., 2022/14th Magha, 1943. [No. 45

Annexure to Notification No. 2714-2724/Secy/2021C dated : 17-01-2022.

Swacch Bharat Committee

S.No.

Elected Chairman of the Standing

Ward No.

Committee

1

Sh. Hardeep Singh (Mankotia)

26

Social Justice Committee

S.No.

Elected Chairman of the Standing

Ward No.

Committee

1

Sh. Ajay Gupta

52

Public Health Sanitation Committee

S.No.

Elected Chairman of the Standing

Ward No.

Committee

1

Sh. Raj Kumar

51

(Sd.) CHANDER MOHAN GUPTA,

Mayor,

Municipal Corporation, Jammu.

———

No. 45] The J&K Official Gazette, 3rd Feb., 2022/14th Magha, 1943. 367

Notice

I, Joginder Kumar S/o Raj Kumar R/o Swankha Morh P/o & Tehsil

Vijaypur, District Samba, PIN No. 184120. state that my son namely

Gagan is reading in class 9th-A in KV Samba under Roll No. 28, having

some spelling mistake in the school record which was wrongly written

as Gagan instead of his correct name Gagan Mehra and also correct

D.o.B. is 15-12-2007. Now, I am, applying for correction of the same.

Objection, if any, may be conveyed to concerned authority.

It is certified that I have complied with all other legal requirements

in this connection.

Joginder Kumar

S/o Raj Kumar

R/o Swankha Morh,

P/o & Tehsil Vijaypur,

District Samba, PIN No. 184120.

Notice

No Legal responsibility is accepted for the publication of

Advertisements/Public Notices in this Part of the Official Gazette

of UT of J&K. Persons notifying the Advertisements/Public

Notices will remain solely, responsible for the legal consequences

and also for any other misrepresentation etc.

By order.

General Manager,

Ranbir Govt. Press, Jammu.

————

OFFICE OF THE STATE TAXES OFFICER, CIRCLE–‘E’,

JAMMU.

Notification

(Under Rule 6(i) of the CST Act 1956 and J&K GST Rules 1958).

It has been reported by M/s Kranti Electric Store, Opposite Peer

Baba, Gandhi Nagar, Jammu bearing TIN No. 01391050624 that the

Froms ‘C’ bearing No. 02V-829664 to 02V-829666 have been lost and

matter stands published in the following two newspapers :—

368 The J&K Official Gazette, 3rd Feb., 2022/14th Magha, 1943. [No. 45

1.

State Times

dated 10-12-2021

2.

Amar Ujala

dated 10-12-2021

The dealer has also furnished an indemnity bond amounting to

Rupees Three Lakhs only (Rs. 300000/-) in this respect which is placed

on record. Hence, the below noted ‘C’ Forms are hereby declared

as invalid for the purpose of sub-section (5) (4) of the section 8 of

the CST Act, 1956. Anybody fraudulently using the said ‘‘C’’ Forms will

render himself liable for penal action as per law.

Any body finding the said ‘C’Forms, please return the same to

the undersigned.

No. of Forms ‘C’

:

03 (Three only)

Serial No. of Forms ‘C’

:

02V-829664 to

02V-829666

Name & address of the dealer :

M/s Kranti Electric Store,

Opposite Peer Baba,

Gandhi Nagar, Jammu

Registration No.

:

01391050624

Whether Lost/Stolen/or

:

Lost

Destroyed

(Sd.) .............................

State Taxes, Officer,

Circle ‘E’ Jammu.

———

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Vol. 134] Jammu, Thu., the 3rd Feb., 2022/14th Magha, 1943. [No. 45

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––—

Separate paging is given to this part in order that it may be filed as a

separate compilation.

––––––––––––––––––––––––––––––––––––––––––––––––––––––

ADVERTISEMENTS—C

———

JAMMU AND KASHMIR PUBLIC SERVICE COMMISSION,

RESHAM GHAR COLONY, BAKSHI NAGAR, JAMMU.

Subject :—Filling up of Gazetted/Faculty posts in Government Unani

Medical College-cum-Hospital, Ganderbal, Kashmir.

Ref. :—Health and Medical Education Department’s letter No. HD/

ISM/69/2020 dated 28-01-2021.

——––

Notification No. 01-PSC (DRP) of 2022

Dated 03-01-2022.

Applications through online mode are invited from the applicants

who are domiciled in the Union Territory of Jammu and Kashmir,

possessing the prescribed academic/professional qualification and age

240

The J&K Official Gazette, 3rd Feb., 2022/14th Magha, 1943.

[No. 45

––––––––––––––––––––––––––––––––––––––––––––––––––––––

for the post of Lecturer/Assistant Professor and Dy. Medical

Superintendent, in terms of Government Order No. 796-JK(HME) of

2020 dated 13-10-2020 issued by the Health and Medical Education

Department and “Jammu and Kashmir Probationer (Conduct of Service,

Pay and Allowance) and Fixation of Tenure Rules, 2020” notified vide

SO-192 of 2020 dated 17-06-2020 and Jammu and Kashmir Public

Service Commission (Business and Procedure) Rules, 2021.

MOST IMPORTANT

Ø Candidates are advised to update their One Time Registration

before filling the Application Form.

Ø The Application Form together with instructions for filling up the

Application Forms will be available at the website of the

Commission from 06-01-2022.

Ø Candidates are advised to go through the instructions and all the

eligibility conditions prescribed for the post before filing the online

Application Form.

Ø Last date for filling of online application complete in all respects

along with the requisite fee (online mode only) is 05-02-2022.

Ø The last date for receipt of online applications provided in the

notification shall be the cut-off date for determining the eligibility

as regards acquisition of Domicile Certificates and educational

and professional qualifications.

Ø The minimum and maximum age will however be reckoned with

reference to 1st January, 2022.

Ø Candidates can edit some of the fields in their online application

form w. e. f. 07-02-2022 to 09-02-2022 (up to 11.59 PM)

instructions in this regard will be separately made available on

the website.

Ø Candidates are required to upload all the mandatory prescribed/

requisite documents.

Ø In case the mandatory prescribed/requisite documents are not

uploaded with the online application form, the application form/

No. 45] The J&K Official Gazette, 3rd Feb., 2022/14th Magha, 1943. 241

–––––––—––––––––––––––––––––––––––––––––––––––––––––––———

candidature of the applicant is liable to be rejected without any

further notice.

Ø Candidates are not required to submit hard copy of the online

application form or any other documents to the Commission.

Ø The candidates will however, be required to present/produce a

down loaded copy of the online application form along with the

original certificates at the time of documentary verification.

Ø Candidates are advised in their own interest to submit online

applications much before the closing date and not to wait till

the last date to avoid the possibility of disconnection/inability to

pay fee or failure to login to the online application portal on

account of heavy load on the website during the closing days.

2. Name of post/scale of pay/prescribed qualification :

Item

Post

Pay Scale

Qualification

No.

—————————————————————————————

1

2

3

4

————————————————————————————————————

1 Lecturer/Assistant Level-11

i. A Bachelor's Degree in Unani Medicine from a

Professor

(67700-

University or its equivalent as recognized under

(Kuliyat) (Basic

208700)

the Indian Medicine, Central Council Act, 1970.

Principles)

ii. A Post-Graduate degree in Kulliyat from an

institution duly recognized by Central Council of

Indian Medicine.

2. Lecturer/Assistant Level-11

i. A Bachelor's Degree in Unani Medicine from a

Professor

(67700-

University or its equivalent as recognized under

(Tasheh-ul-Badan) 208700)

the Indian Medicine, Central Council Act,

(Anatomy)

1970.

ii. A Post-Graduate degree in Tashreeh-ul-Badan

from an institution duly recognized by Central

Council of Indian Medicine.

242

The J&K Official Gazette, 3rd Feb., 2022/14th Magha, 1943.

[No. 45

––––––––––––––––––––––––––––––––––––––––––––––––––––––

3. Lecturer/Assistant Level-11

i. A Bachelor's Degree in Unani Medicine from a

Professor

(67700-

University or its equivalent as recognized under

(Munafeul Aza)

208700)

the Indian Medicine, Central Council Act,

(Physiology)

1970.

ii. A Post-Graduate degree in Munafeul Aza from

an institution duly recognized by Central Council

of Indian Medicine

4. Lecturer/Assistant Level-11

i. A Bachelor's Degree in Unani Medicine from a

Professor (Ilmul

(67700-

University or its equivalent as recognized under

Advia)

208700)

the Indian Medicine, Central Council Act,

(Pharmacology)

1970.

ii. A Post-Graduate degree in Ilmul Advia from an

institution duly recognized by Central Council of

Indian Medicine.

5. Lecturer/Assistant Level-11

i. A Bachelor's Degree in Unani Medicine from a

Professor (llmul

(67700-

University or its equivalent as recognized under

Saidla)

208700)

the Indian Medicine, Central Council Act,

(Pharmacy)

1970.

ii. A Post-Graduate degree in Ilmul Saidla from an

institution duly recognized by Central Council of

Indian Medicine.

6. Lecturer/Assistant Level-11

i. A Bachelor's Degree in Unani Medicine from a

Professor

(67700-

University or its equivalent as recognized under

(Mahiyatul

208700)

the Indian Medicine, Central Council Act,

(Amraz)

1970.

(Pathology)

ii. A Post-Graduate degree in Mahiyatul Amraz

from an institution duly recognized by Central

Council of Indian Medicine.

7. Lecturer/Assistant Level-11

i. A Bachelor's Degree in Unani Medicine from a

Professor

(67700-

University or its equivalent as recognized under

Tahiffuzi-wa-

208700)

the Indian Medicine, Central Council Act,

Samajai-Tib

1970.

(Social and

Preventive

Medicine)

1

2

3

4

————————————————————————————————————

No. 45] The J&K Official Gazette, 3rd Feb., 2022/14th Magha, 1943. 243

–––––––—––––––––––––––––––––––––––––––––––––––––––––––———

ii. A Post-Graduate degree in Tahiffuzi-Wa-Samajai

Tibb from an institution duly recognized by

Central Council of Indian Medicine.

8. Lecturer/Assistant Level-11

i. A Bachelor's Degree in Unani Medicine from a

Professor

(67700-

University or its equivalent as recognized under

(Moalajat)

208700)

the Indian Medicine, Central Council Act,

(Medicine)

1970.

ii. A Post-Graduate degree in Moalijat from an

institution duly recognized by Central Council of

Indian Medicine.

9. Lecturer/Assistant Level-11

i. A Bachelor's Degree in Unani Medicine from a

Professor

(67700-

University or its equivalent as recognized under

(Niswan-wa-

208700)

the Indian Medicine, Central Council Act,

Qabalat)

1970.

(Gynaecology

and Obstetrics)

ii. A Post-Graduate degree in Niswan-wa-Qabalat

from an institution duly recognized by Central

Council of Indian Medicine.

10. Lecturer/Assistant Level-11

i. A Bachelor's Degree in Unani Medicine from a

Professor

(67700-

University or its equivalent as recognized under

(Illmul Atfal)

208700)

the Indian Medicine, Central Council Act,

(Pediatrics)

1970.

ii. A Post-Graduate degree in Illmul Atfal from an

institution duly recognized by Central Council of

Indian Medicine.

11. Lecturer/Assistant Level-11

i. A Bachelor's Degree in Unani Medicine from a

Professor

(67700-

University or its equivalent as recognized under

(Jarahat)

208700)

the Indian Medicine, Central Council Act,

(Surgery)

1970.

ii. A Post-Graduate degree in Jarahat from an

institution duly recognized by Central Council of

Indian Medicine.

12. Lecturer/Assistant Level-11

i. A Bachelor's Degree in Unani Medicine from a

Professor (Ain-

(67700-

University or its equivalent as recognized under

Uzn-Halak-wa-

208700)

the Indian Medicine, Central Council Act, 1970.

Asnan (ENT)

ii. A Post-Graduate degree in Ain, Uzn, Halaq-

wa-Asnan from an institution duly recognized

by Central Council of Indian Medicine.

1

2

3

4

————————————————————————————————————

244

The J&K Official Gazette, 3rd Feb., 2022/14th Magha, 1943.

[No. 45

––––––––––––––––––––––––––––––––––––––––––––––––––––––

13. Lecturer/Assistant Level-11

i. A Bachelor's Degree in Unani Medicine from a

Professor

(67700-

University or its equivalent as recognized under

(Amraze Jild wa

208700)

the Indian Medicine, Central Council Act, 1970.

(Tazeeniyat)

(Dermatology)

ii. A Post-Graduate degree in Amraze Jild wa

Tazeeniyat from an institution duly recognized by

Central Council of Indian Medicine.

14. Lecturer/Assistant Level-11 i. A Bachelor's Degree in Unani Medicine from a

Professor (Ilaj

(67700-

University or its equivalent as recognized under

Bit Tadbeer)

208700)

the Indian Medicine, Central Council Act,

1970.

ii. A Post-Graduate degree in Ilaj Bit Tadbeer from

an institution duly

recognized by Central

Council of Indian Medicine.

15. Dy. Medical

Level-11 i. A Bachelor's Degree in Unani Medicine from a

Superintendent

(67700-

University or its equivalent as recognized under

208700)

the Indian Medicine, Central Council Act, 1970.

A Post-Graduate degree as a regular candidate in

Health/Hospital Administration/Management form

an Institution/University recognized by University

Grants Commission.

or

A Bachelor's Degree in Unani Medicine from a

University or its equivalent as recognized under the

Indian Medicine, Central Council Act, 1970, with

ten years clinical experience and five years

administrative experience in running a Government

Unani Health Institution.

Note I :

In terms of Government Order No. 796-JK (HME) of 2020 dated

13-10-2020, the following provisions of the allied subjects have been

earmarked in case the candidates of post-graduate qualification in

the concerned subject are not available for the following post of

Lecturer/Assistant Professor.

1

2

3

4

————————————————————————————————————

(Regimental

Therapy)

No. 45] The J&K Official Gazette, 3rd Feb., 2022/14th Magha, 1943. 245

–––––––—––––––––––––––––––––––––––––––––––––––––––––––———

S.

Subject

Allied subjects

No.

—————————————————————————————

1.

Tashreehul Badan

Ilmul Jarahat

2.

Manafeul Aza

Kulliyat Tib

3.

Ilmul Saidla

Ilmul Advia

4.

Tibi Qanooni

Tahafuzzi wa

Samaji Tib or Moalajat

or Ilmul Advia

5.

Sareeriyat

Moalajat

6.

Mabiyatul Amraz

Moalajat

7.

Ilaj Bit Tadbeer

Moalajat or Tahafuzz wa Samaji Tib

8.

Amraze Jild wa

Moalajat

Tazeeniyat

9.

Amraze Ain, Uzn,

Ilmul Jarahat or Moalajat

Anf, Halaq wa Asnan

10. Ilmul Atfal

Moalajat or Qablat wa Amraze Niswan

Note II :

1. Priority shall be given to the candidates having doctorial degree

in Unani.

2. The holder of Research experience of regular doctor of

Philosophy (Ph. D) shall be considered equivalent to one year

teaching experience.

3. Details (No.) of posts with category-wise break up :

Name of the Post

OM

RBA

Total

————————————————————————————

1

2

3

4

————————————————————————————

Lecturer/Assistant Professor (Kuliyat)

01

-

01

(Basic Principles)

Lecturer/Assistant Professor

01

-

01

(Tasheh-ul-Badan] (Anatomy)

Lecturer/Assistant Professor

01

-

01

(Munafeul Aza) (Physiology)

Lecturer/Assistant Professor

01

-

01

(limul Advia) (Pharmacology)

246

The J&K Official Gazette, 3rd Feb., 2022/14th Magha, 1943.

[No. 45

––––––––––––––––––––––––––––––––––––––––––––––––––––––

Lecturer/Assistant Professor

01

-

01

(limul Saidla) (Pharmacy)

Lecturer/Assistant Professor

01

-

01

(Mahiyatul Amraz) (Pathology)

Lecturer/Assistant Professor

01

01

02

Tahiffuzi-wa-Samajai-Tib

(Social & Preventive Medicine)

Lecturer/Assistant Professor

01

01

02

(Moalajat) (Medicine)

Lecturer/Assistant Professor

01

-

01

Niswan-wa-Qabalat

(Gynaecology & Obstetrics)

Lecturer/Assistant Professor

01

-

01

(limul Atfal) (Pediatrics)

Lecturer/Assistant professor

01

-

01

(Jarajat) (Surgery)

Lecturer/Assistant Professor

01

-

01

(Ain-Uzn-Halaq-wa-Asnan)

(ENT)

Lecturer/Assistant Professor

01

-

01

(Amraze Jild wa Tazeeniyat)

(Dermatology)

Lecturer/Assistant Professor

01

-

01

(1laj Bit Tadbeer)

(Regimental Therapy)

Dy. Medical Superintendent

01

-

01

——————————

Total

15

02

17

——————————

5. Age as on 1st January, 2022 :

The requirement of age for candidates belonging to Open Merit (OM)

and various reserved categories is as follows :—

S.

Category

Age limit

Not born

Not born

No.

after

before

—————————————————————————————

1.

OM

40

01-01-2004

01-01-1982

2.

RBA

43

01-01-2004

01-01-1979

1

2

3

4

————————————————————————————

No. 45] The J&K Official Gazette, 3rd Feb., 2022/14th Magha, 1943. 247

–––––––—––––––––––––––––––––––––––––––––––––––––––––––———

3.

PHC

42

01-01-2004

01-01-1980

In-service

45

01-01-2004

01-01-1977

candidate/Government

6. Reservation :

i. A candidate seeking his/her consideration under any reserved

categories must ensure that he/she possesses a valid requisite

category certificate and on the cut-off date.

ii. The candidature of the candidates will be provisional till the

genuineness of the reserved category certificate is verified by

the Appointing Authority.

iii. Candidates may note that in case a claim for reservation is made

on the basis of false/fake/fraudulent certificate, he/she shall be

debarred from the examination(s) conducted by the J&K Public

Service Commission, in addition to any other penal action as may

be deemed appropriate.

7. Domicile :

The candidate should be a Domicile of the Union Territory of Jammu

and Kashmir. The candidate must possess a valid Domicile Certificate

issued by the Competent Authority in the prescribed format as on

the last date prescribed for submission of online application form.

8. Requisite Fee :

After successful submission of the online application form, candidate

will be required to deposit requisite fee through online mode. The

amount of fee to be paid is given below :—

General Category

= Rs. 1000.00

Reserved Categories

= Rs. 500.00

PHC

= NIL

Note :

(i) The application form submitted without deposition of the fee,

which gets substantiated through reflection of the same on the

application form, shall be treated as incomplete and candidature

shall be deemed to have been rejected without any notice. No

representation against such rejection shall be entertained.

(ii) Submission of multiple applications by way of prefixing Mr./Ms.

or through generation of Multiple User ID’s or any other

mode, followed by either non-payment of fee particulars or fee

particulars (TID) of one application (RID) being mentioned

S.

Category

Age limitt

Not born

Not born

No.

after

before

—————————————————————————————

248

The J&K Official Gazette, 3rd Feb., 2022/14th Magha, 1943.

[No. 45

––––––––––––––––––––––––––––––––––––––––––––––––––––––

against another application with a different RID would lead to

rejection of the online application. The applicants who are

submitting multiple applications should note that only the

applications with higher Registration ID (RID) number shall be

entertained by the Commission and fee paid against one RID

shall not be adjusted against any other RID number. Besides

a strict disciplinary action shall be taken including the cancellation

of candidature and debarment for future examinations of J&K

PSC will be taken against such applicants.

9. Documents to be uploaded :

While filing the online application form the applicants are required

to upload the documents as per details given below :—

(a) Documents (Mandatory)—

(i) Date of Birth

Certificate (Secondary School/Matric

Certificate-01 leaf ;

(ii) Domicile Certificate-01 leaf ;

(iii) Bachelors degree in Unani Medicine or its equivalent along

with consolidated Marks Cards ;

(iv) Post-Graduation degree in the prescribed field (specialization)

along with consolidated marks card along with Registration

Certificate, from competent authority ;

(v) Ph.D degree along with result notification, wherever

applicable ;

(vi) Experience

Certificate

(Ten

years)

and five years

administration experience for the post of Dy. Medical

Superintendent.

(b) Documents (Mandatory) if claiming benefit under that category)—

(i) Valid Category Certificate-01 leaf ;

(ii) For Physically Challenged Candidates Disability Certificate

on the prescribed format, if required-01 leaf ;

(iii) In-service Certificate signed by HoD.

(c) Any other document for which the candidate is claiming

weightage as per provisions laid down in J&K (Business and

Procedure) Rules, 2021—

(i) Certificate of Distinction in Sports in terms of J&K

(Appointment of Outstanding Sports Persons) Rules, 1998-

01 Leaf ;

No. 45] The J&K Official Gazette, 3rd Feb., 2022/14th Magha, 1943. 249

–––––––—––––––––––––––––––––––––––––––––––––––––––––––———

(ii) “C” Certificate in NCC activities-01 Leaf ;

(iii) Gold Medal Certificate for overall first position in the

minimum prescribed qualification-01 leaf. In case the

convocation for award of Gold Medal has not been

convened, a certificate from the competent authority shall

be uploaded to the affect that he/she is entitled to Gold

Medal for securing overall first position in the prescribed

qualification and that the same shall be awarded in the

Convocation of the University/Institution ;

(iv) List of Research Papers/Publications as per format-01

leaf ;

(v) List of Conferences (Participation and Presentation) as per

format-01 leaf ;

(vi) List of Books as per format-01 leaf.

It may be noted that no further opportunity to upload any

document shall be provided hereafter and action under rules including

rejecting of application/candidature etc. will be taken.

10. Scheme of selection :

Selection shall be made in accordance with the provisions laid

down in the Jammu and Kashmir Public Service Commission’s (Business

and Procedure) Rules, 2021 as amended from time to time.

Candidates are especially advised to apprise themselves with

the provisions of Rule 44 (ii) of the Jammu and Kashmir Public Service

Commission’s (Business and Procedure) Rules, 2021.

11.

Important instructions

regarding

filling up

of

online

applications are given herein below :—

i. Candidates are required to apply online through the website

of the Commission i.e. http://www.jkpsc.nic.in No. other

means/mode of application shall be accepted.

ii. Candidates are first required to go to the JKPSC website

http://www.jkpsc.nic.in and click on the link “One Time

Registration” or click on Login menu if you have already

created your profile with the JK PSC.

iii. After logging into your account, candidates are required to

fill all the requisite fields of One Time Registration (OTR)

i. e. personal information, contact information and educational

qualification, service details etc.

250

The J&K Official Gazette, 3rd Feb., 2022/14th Magha, 1943.

[No. 45

––––––––––––––––––––––––––––––––––––––––––––––––––––––

iv. The candidate shall also be required to upload the image of

date stamped recent passport size color photograph and

signature. The photograph should not be taken earlier than

01-01-2021.

v. Size of the photograph (passport size) and signature must

be between 10kB to 20kB in *.jpeg or *.jpg only.

vi. After successful submission of all the details in your OTR

account, check the eligibility conditions as mentioned in the

advertisement notification before applying for the post.

vii. Click on the “show examination” as shown against the

respective post/examination you want to apply.

viii. On clicking on the “show examination” a window will appear

on your computer screen. Select the month of the

advertisement notification for which you want to apply, a

link(s) for the post(s) will appear on the computer screen.

ix. An “APPLY” button is shown against the respective post

and the candidates will click on the APPLY button against

the post he/she is eligible.

x. On clicking “APPLY” button, an instruction window will

appear. Candidates should read instructions carefully before

clicking on “APPLY” button at the bottom of the webpage.

xi. On clicking “APPLY” button, the system will display all facts/

particulars that a candidate may have mentioned while filling

up the necessary fields of his/her OTR account. Candidate

shall fill up the remaining required fields in the application

form and accept the declaration thereof.

xii. Once the candidate is satisfied about the correctness of the

filled in details, then, he or she may click on “SUBMIT”

button to finally push the data into server with successful

submission report.

xiii. On successful submission of the basic details, the candidates

will be required to pay the online fee and uploading of the

documents, for final submission of the online application form.

xiv. Candidates can pay the requisite fee through online mode

in the “SUBMITTED APPLICATIONS” menu in your

account.

No. 45] The J&K Official Gazette, 3rd Feb., 2022/14th Magha, 1943. 251

–––––––—––––––––––––––––––––––––––––––––––––––––––––––———

xv. After successful payment of the fee, the fee status will get

reflected on the Online Application Form. Candidates can

check the fee status by clicking on the Print Application

Button in the submitted Applications menu in your JKPSC

account. In case the payment status shows either “not

submitted or under processing or status has not been reflected

on your submitted application form”, candidate(s) are advised

to contact the JKPSC office at Solina, Srinagar/Resham Ghar

Colony, Jammu immediately for clarification. Further where

the online fee is paid through other service providers the

candidate must ensure that not only the amount of fee is

debited from his/service provider’s Account but also credited

into the official account of JKPSC.

xvi. The candidate would be able to get the printout of his/her

submitted application only after the payment of the requisite

fee and uploading of mandatory prescribed/requisite documents.

xvii. The JKPSC will not undertake detailed scrutiny of

applications for the eligibility and other aspects at the time

of filling up of online and, therefore, candidature will be

accepted only provisionally. The candidates are advised to

go through the requirements of educational qualification, age,

etc. and satisfy themselves that they are eligible for the

post(s). Copies of supporting documents will be sought at

the time of document verification. When scrutiny is under

taken, if any, claim if made in the application is not found/

substantiated by proof, the candidature will be cancelled and

the Commission's decision shall be final and binding.

xviii. Please note that the above procedure is the only valid

procedure for applying. No other mode of application or

incomplete steps would be accepted and such applications

would be rejected.

12. Editing of the online application form :

Candidates who have successfully submitted the online application

form along with requisite fee will be allowed to edit some of the fields

in their submitted online application form w. e. f. 07.02.2022 to

09.02.2022. Detailed instruction in this regard will be made available

on the website of the Commission.

252

The J&K Official Gazette, 3rd Feb., 2022/14th Magha, 1943.

[No. 45

––––––––––––––––––––––––––––––––––––––––––––––––––––––

13. Action against candidates found guilty of misconduct :

Candidates are advised that they should not furnish any particulars

that are false or suppress any material information. A candidate who

is, or has been, declared by the Commission, to be guilty of—

i.

obtaining by wrongful support of his/her candidature by

any means ; or

ii.

impersonating ; or

iii.

procuring impersonation by any person ; or

iv.

submitting fabricated documents or documents which

have been tampered with ; or

v.

making statements which are incorrect, or false or

suppressing material information ; or

vi.

resorting to any other irregular or improper means in

connection with his/her candidature for the selection ;

or

vii.

attempting to commit or, as the case may be, abetting

the Commission of all or any of the acts specified in

the foregoing clauses may, in addition to rendering

himself/herself liable to criminal prosecution.

shall be liable :

(a)

to be disqualified by the Commission from selection for

which he/she is a candidate ; and/or

(b)

to be debarred either permanently or for a specified

period—

(i)

By the Commission from any selection held by

them.

(ii)

By the Union Territory Government from any

employment under them ; and

(c)

if he/she is already in-service under Government,

disciplinary action can be taken against him/her under

the appropriate rules.

(Sd.) R. K KATOCH, JKAS,

Secretary,

J&K Public Service Commission.

EXTRAORDINARY

REGD NO. JK-33

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

—————————————————————————————————

Vol. 134]

Jammu, Fri., the 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

—————————————————————————————————

Separate paging is given to this part in order that it may be filed

as a separate compilation.

—————————————————————————————————

PART III

Laws, Regulations and Rules passed thereunder.

————

JAMMU AND KASHMIR UNIFIED

BUILDING BYE-LAWS, 2021,

GOVERNMENT OF JAMMU AND KASHMIR

Municipal Corporation, Jammu

October, 2021.

CHAPTER 1

PRELIMINARY

1.1 Title, commencement and application.—

These building Bye-Laws may be called the Jammu and Kashmir

Unified Building Bye-Laws, 2021. They shall come into force from

2

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

the date of their final publication in the Official Gazette in the

manner prescribed by the Competent Authority.

All mandatory Master Plan or Zonal Regulations regarding use,

land use, including modification therein made from time to time

shall be applicable mutatis mutandis in these Bye-laws under this

clause. All amendments or modifications made in the aforesaid

regulations shall automatically stand deemed to have been included

as part of these Bye-laws.

1.2

Definitions.—

In these Bye-laws, unless the context otherwise required the

definition given shall have the meaning indicated against each

term:—

1)

Advertising Sign.—Any surface or structure with

characters, letters or illustrations applied there to and

displayed in any manner whatsoever out of door for the

purpose of advertising or giving information regarding or to

attract the public to any place, person, public performance,

article, or merchandise and which surface or structure is

attached to, from part of, or is connected with any building

or is fixed to a tree or to the ground or to any pole screen,

fence or hoarding or displayed in space, or in or over any

water body included in the jurisdiction of the concerned

Authority.

2)

Alley—means a public thoroughfare which affords only a

secondary means of access to abutting property and not

intended for general traffic circulation.

3)

Apartment.—The building will be called apartment house

when the building is arranged/intended/designed to be

occupied by the families independent of each other and

with independent cooking facility for the purpose of

sale/lease/rent to person.

4)

Access.—A clear approach to a plot or a building.

5)

Alteration.—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 wall, partition, column, beam, joist, floor

(including a mezzanine floor) or other support, or a change

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

3

to or closing of any required means of ingress or egress or a

change to the fixtures or equipment.

6)

Approved.—Approved

by

the

Authority

having

jurisdiction.

7)

Air-Conditioning.—A process of treating air to control

simultaneously its temperature, humidity, cleanliness, and

distribution to meet the requirement of an enclosed space.

8)

Authority Having Jurisdiction.—The Authority which

has been created by a statute and which for the purpose of

administering the Bye-laws/part may authorize committee

or an official to act on its behalf; hereinafter called the

‘Authority’.

9)

Balcony.—A

horizontal

projection,

cantilevered

or

otherwise including a parapet handrail balustrade, to serve

as a passage or sitting out place.

10) Basement or Cellar.—The lower story of a building

below, or partly below the ground level.

11) BPIA (Building Permit Issuing Authority).—The officer

notified by the Urban Local Body or Urban Local

Authority for issuing the Building Permits.

12) Building.—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, floors roofs, chimneys, plumbing

and building services, fixed platforms, varanda, 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.

Tents, Shamianahs, tarpaulin shelters, etc., erected for

temporary and ceremonial occasions with the permission of

the Authority shall not be considered as building.

13) Building Line.—The line up to which the plinth of

building adjoining a street or an extension of a street or on

a future street or a water channel may lawfully extend and

includes the lines prescribed, if any, in any scheme and/or

development plan.

The Build-to-Line shall be considered as the imaginary line

formed after leaving the front (Roadside Setback/Setback)

as governed by the road width.

4

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

Building line shall be measured from the centre of median

or centre of carriageway for established roads and the

centre of RoW for other roads.

14) Building Height.—The vertical distance measured—

a. In the case of flat roofs from the average level

surrounding ground and continuance to the highest

point of the building.

b. In case of pitched roofs up to the point where the

external surface of the outer wall intersects the

finished surface of the sloping roof.

c. In the case of gables facing the road, the midpoint

between the eaves level and the ridge. Architectural

features serving no other function except that of

decoration shall be excluded for the purpose of

taking heights.

15) Building Envelope.—The horizontal spatial limits up to

which a building may be permitted to be constructed on a

plot.

16) Building setback—means the distance by which any

building or structure shall be separated from the

corresponding boundary lines of the plot.

17) Built up Area—means area covered immediately above

the plinth level and the external area of upper floor.

18) Canopy—shall mean a cantilevered projection from the

face of the wall over an entry to the building at the lintel

level provided that :

a.

It shall not project beyond the plot line.

b.

It shall not be lower than 2.3 metres or 7/-6// when

measured from the ground.

c.

There shall be no structure on it and the top shall

remain open to sky.

19) Carpet Area.—The covered area of the usable rooms at

any floor level (excluding the area of the wall).

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

5

20) Chajja.—A sloping or horizontal structural overhang

provided over openings on external walls for protection

from the weather.

21) Cabin.—A non-residential enclosure constructed of non-

load bearing partitions.

22) Chimney.—A construction by means of which a flue is

formed for the purpose of carrying products of combustion

to the open air and includes a chimney stack and the flue

pipe.

23) Ceiling height—means the vertical distance between the

floor and the ceiling, where a finished ceiling is not

provided, the underside of the joists or top of post plate in

case of pitched roof shall determine the upper point of

measurement.

24) Commercial Building—means a building used as shop,

store, market, money transaction, sale and purchase of

goods either wholesale or retail, storage, godown or any

other activities carried in furtherance of trade and

commerce.

25) Competent Authority.—The Administrative Secretary,

Housing and Urban Development Department shall be the

Competent Authority.

26) Clinic—means a premise with facilities for treatment of

outdoor patients by a doctor.

27) Courtyard.—A space permanently open to sky, enclosed

fully or partially by buildings and may be at ground level or

any other level within or adjacent to a building.

28) Cornice—means a sloping or horizontal structural

overhang usually provided over openings or external walls

to provide protection from sun and rain.

29) Cluster.—Plots or dwelling units or housing grouped

around an open space ideally housing cluster should not be

very large. In ground and one storeyed structure not more

than 20 houses should be grouped in a cluster. Clusters

with more dwelling units will create problems in identity,

encroachments and of maintenance.

6

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

30) Covered Area.—Ground area covered by the building

immediately above the plinth level. The area covered by the

following in the open spaces is excluded from covered area.

Garden, rockery, well and well structures, plant nursery,

water pool, swimming pool (if uncovered), platform round

a tree, tank, fountain, bench, Chabutra with open top and

unenclosed on sides by walls and the like; Drainage culvert

conduit, catch-pit, gully pit, chamber, gutter and the like;

Compound wall, gate, unstoreyed porch and portico,

canopy, slide, swing, uncovered staircase, ramps areas

covered by Chhajja and the like; and Watchmen’s booth,

pump house, garbage shaft, electric cabin or sub-stations,

and such other utility structures meant for the services of

the building under consideration.

Note:−For the purpose of this Part, covered area equals the plot

area minus the area due for open spaces.

31) ‘Cul-de-Sac’ Cluster.—Plots/dwelling units when located

along a pedestrianized or vehicular 'cul-de-sac’ road.

32) Day/s.—Working day of the BPIA.

33) Density.—The residential density expressed in terms of the

number of dwelling units per hectare.

Note:−Where such densities are expressed exclusive of

community facilities and provision of open spaces and

major roads (excluding incidental open spaces), these will

be net residential densities. Where these densities are

expressed taking into consideration the required open

space provision and community facilities and major

roads. These would be gross residential densities at

neighbourhood level. Sector level or town level, as the

case may be. The provision of open spaces and community

facilities will depend on the size of the residential

community. Incidental open spaces are mainly open

spaces required to be left around and in between two

buildings to provide lighting and ventilation.

34) Designated Persons.—The person notified by the Urban

Local body or Urban Local Authority for the receipt of

documentations and clearances on behalf of ULB/ULA.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

7

35) Detached Building.—A building detached on all sides.

36) Development.—‘Development’

with

grammatical

variations means the carrying out of building, engineering,

mining or other operations, in, or over, or under land or

water, on the making of any material change, in any

building or land, or in the use of any building, land, and

includes redevelopment and layout and sub-division of any

land; and to develop shall be construed accordingly.

37) Drain.—A conduit, channel or pipe for the carriage of

storm water, sewage, waste water or other water borne

wastes in a building drainage system.

38) Drainage.—The removal of any liquid by a system

constructed for the purpose.

39) Dwelling.—Is a building designed or used to be used for

residential purposes. Dwelling shall not include boarding or

rooming houses, tents, tourist camps, hotels, guesthouses,

or other structure used for transit residents like pilgrims,

tourists, specialized terms etc.

40) Dwelling Unit/Tenement.—An independent housing unit

with separate facilities for living, cooking and sanitary

requirements.

41) Escalator.—A power driven, inclined, continuous moving

stairway used for raising or lowering passengers.

42) Exit.—A passage, channel or means of egress from any

building, storey or floor area to a street or other open space

of safety.

43) Enclosed Staircase—means a staircase separated by fire

resistant walls and doors from the rest of the building.

44) Erection—means to construct for the first time or to

construct existing building after demolition or to add

another storey over the existing one according to some pre

or revised plans.

45) Fire and/or Emergency Alarm System—means an

arrangement of call points or detectors, sounders and other

equipment for the transmission and indication of alarm

signals working automatically or manually in the event of

fire.

8

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

46) Fire Pump—means a machine, driven by external power

for transmission energy to fluids by coupling the pump to a

suitable engine or motor, which may have varying

outputs/capacity but shall be capable of having a pressure

of 3.2 Kg/cm2 at the topmost level of multi-storey or high

rise building.

47) Fire Service Inlet—means a connection provided at the

base of a building for pumping up the water through in-

built fire-fighting arrangements by fire service pumps in

accordance, with the recommendation of the Chief Fire

Officer.

48) Filling station—means an area of land including any

structures thereon that is or are used or designed to be used

for the supply of gasoline or oil or fuel for the propulsion of

vehicles. For the purpose of these building regulations

these shall be deemed to be included within this term, any

area or structure used designed to be used for polishing,

greasing, and washing, spraying or otherwise cleaning or

servicing such motor vehicles.

49) Fire Hazard Industries.—

i)

“Low

Fire

Hazard

Industries”

include

engineering

industries

using/processing

or

assembling non-combustible materials i. e. lathe

machines, steel works, steel components etc.

ii)

“Moderate Fire Hazard Industries” industries

include

using/processing

or

assembling

combustible materials but not flammable liquid

etc., i. e. plastic industries, rubber and PVS

industries, textile paper, furniture flour mills etc.

iii)

“High

Fire

Hazard

Industries”

includes

industries using/processing flammable liquids,

gases, chemicals petroleum products, plastic or

thermo setting group etc.

50) Floor.—The lower surface in a storey on which one

normally walks in a building. The general term ‘floor'

unless specifically mentioned otherwise shall not refer to a

‘mezzanine floor’.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

9

51) Floor Area Ratio (FAR).—The quotient of the ratio of the

combined covered area of all floors, excepting areas

specifically exempted under these regulations, to the total

area of plot viz. :

Floor Area Ratio (FAR)=

       

 

52) Foundation.—This part of the structure, which is in direct

contact with ground and transmits load over it.

53) Gallery.—An immediate floor or platform projecting from

a wall or an auditorium or a hall providing etc. floor area

and additional seating accommodation and includes the

structures provided for seating in stadia.

54) Govt. Approved Colony.—A colony planned and

developed by developers and approved by urban local

bodies, development authorities, housing board or other

Govt. agencies.

55) Govt. Colony.—A colony planned and developed by

urban local bodies, development authorities, housing board

or other Govt. agencies.

56) Group Housing.—Housing for more than one dwelling

unit, where land is owned jointly (as in the case of

cooperative societies or the public agencies, such as local

authorities or housing boards, etc.) and the construction is

undertaken by one Agency.

57) Guest House.—A guest house shall have separate sleeping

accommodation on transient or permanent basis with or

without dining facilities for not more than 24 persons at a

time.

58) Habitable Room.—A room occupied or designed for

occupancy by one or more persons for study, living,

sleeping, eating, and kitchen if it is used as a living room,

but not including bathrooms, water-closet compartments,

laundries, serving and store pantries, corridors, cellars,

attics, and spaces that are not used frequently or during

extended periods.

10

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

59) Hazardous Buildings.—

(a)

Storage, handling, manufacture of processing of

radioactive substances or highly combustible or

explosive materials or of products which are liable

to burn with extreme rapidity and/or producing

poisonous fumes or explosive emanations.

(b)

Storage, handling, manufacture, or processing of

which involves highly corrosive, toxic or noxious

alkalis, acids, or other liquids, gases or chemicals

producing flame, fumes and explosive mixtures etc.

or which result in division of matter into fine

particles capable of spontaneous ignition.

60) Heritage Building—means any building of one or more

premises or any part thereof which requires preservation,

restoration, and conservation for historical, architectural,

environmental, cultural or religious purpose and includes

such portion of the land adjoining such buildings as may be

required.

61) Heritage Zone—means the area around such heritage

building as delineated under Jammu and Kashmir Heritage

and Conservation and Preservation Act, 2010 from time to

time for restricting the height of building and use of

building. The areas coming under different ASI sites

including the buffers will also be treated as heritage zone.

62) Hotel.—These shall include any building or group of

buildings under single management, in which sleeping

accommodation is provided, with or without dining

facilities.

63) Interlocking Cluster.—Clusters when joined at back and

on sides with at least one side of a cluster common and

having some dwelling units opening onto or having access

from the adjacent clusters. Dwelling units in such clusters

should have at least two sides open to external open space.

Houses in an interlocking cluster may have access,

ventilation and light from the adjacent cluster and should

also cater for future growth.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

11

64) Industrial Building—means a building, which is wholly

or

predominantly

used

as

a

warehouse

or

for

manufacturing/assembling, processing activity or distillery.

65) Ledge or Taakh.—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 1m.

66) Lift.—A mechanically guided car, platform for transport of

persons and materials between two or more levels in a

vertical or substantially vertical direction.

67) Loft.—An intermediate floor between two floors or a

residual space in a pitched roof above normal level

constructed for storage with maximum clear height of

1.5 m.

68) Master Plan.—A Master Plan for town approve by the

Government.

69) Mezzanine

Floor.—An

intermediate

floor

(having

minimum height of 2.2 m) between two floors of any storey

forming an integral part of floor below. Mezzanine Floor

shall be counted in FAR.

70) Mumty or Stair cover.—A structure with a covering roof

over a staircase and its landing built to enclose only the

stairs for the purpose of providing protection from weather

and not used for human habitation.

71) Non-conforming use/building.—It is a building, structure

or use of land existing at the time of commencement of the

zoning regulations and which does not conform to the

regulations pertaining to the zone in which it is situated.

72) Occupancy or Use.—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.

12

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

73) Open Space.—An area forming an integral part of the plot,

left open to the sky.

Note:—The open space shall be the minimum distance measured

between the front, rear and side of the building and the

respective plot boundaries.

74) Open Space, Front.—An open space across the front of a

plot between the building line and front boundary of the

plot.

75) Open Space, Rear.—An open space across the rear of a

plot between the rear of the building and the rear boundary

of the plot.

76) Open Space, Side.—An open space across the side of the

plot between the side of the building and the side boundary

of the plot.

77) Owner.—A person, a group of persons or a body having a

legal interest in land and/or building thereon. This includes

free holders, leaseholders or those holding a sublease, who

will have a legal right to occupation and have liabilities in

respect of safety or building condition. In case of lease or

sublease holders, as far as ownership with respect to the

structure is concerned, the structure of a flat or structure on

a plot belongs to the allotted/lessee till the allotment/lease

subsists.

Note:—For the purpose of this document, the word 'owner' will

also cover the generally understood terms like ‘client’,

‘user ', etc.

78) Parapet.—A low wall or railing built along the edge of a

roof or a floor.

79) Parking Space.—An enclosed or unenclosed covered or

open area sufficient on size to park vehicles. Parking spaces

shall be served by a driveway connecting them with a street

or alley and permitting ingress and egress of the vehicles.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

13

80) Pathological

laboratories—means

a

premise

with

facilities for carrying out various tests for the confirmation

of symptoms of a disease.

81) Plinth.—The portion of a structure between the surface of

the surrounding ground and surface of the floor

immediately above the ground.

82) Plinth Area.—The built-up covered area measured at the

floor level of the basement or of any storey.

83) Porch.—A covered surface supported on pillars otherwise

for the purpose of a pedestrian or vehicular approach to a

building.

84) Polyclinic—means an institution where patients are

clinically examined by one or more doctors for treatment of

disease and where patients are treated but not admitted as

indoor patients as is the case with hospitals and nursing

homes. It can have basic diagnostic facilities.

85) Public Building—means a building owned or used by

Govt. or Semi-Govt. Authority, Public Registered Trust or

such board/foundation which runs and manages charitable

institution like hospitals, educational institutions and

religious institutions. It shall also include places of

Worship like Mosque, Temple, Gurudwara, Church etc.

86) Plans—means a detailed sub-division plan indicating size

and arrangement of all premises uses.

87) Plot.—A piece of land occupied or intend to be occupied

for occupancy by a main building with its accessory

buildings and uses incidental to it.

88) Plot Width.—The shorter the distance from one side of the

plot line to the other measured through that part of the plot

to be occupied by the building.

89) Room Height.—The vertical distance measured from the

finished floor surface to the finished ceiling surface. Where

a finished ceiling is not provided, the underside of the joists

or beams or tie beams shall determine the upper point of

measurement.

14

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

90) Row Housing/Row Type Building.—A row of buildings,

with only front, rear and interior open spaces, where

applicable.

91) RoW-Right of Way.—The RoW is the width of land area

acquired for the construction of the roadway. This includes,

carriageway, footpath, service roads, utility area, buffer,

shoulders, and area for future expansions of road.

92) Residential Building—means a building used for human

habitation and includes all garages, stables or other

building apartment/hostels thereto.

93) Registered Technical Personnel (RTP)—will mean

qualified person/persons as Architect/Engineer/Planner/

Group

of

Technical

Personnel/Supervisor/Plumber/

Electrician who has been enrolled/licensed by the

BPIA/accreditation board.

94) Required open space.—The space between the plot lines

and the minimum building set back lines.

95) Semi-Detached Building.—A building detached on three

sides.

96) Service Road/Lane.—A road/lane provided adjacent to a

plot(s) for access or service purposes as the case may be.

97) Set-back Line.—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 plot

boundaries.

98) Site (Plot).—A parcel (piece) of land enclosed by definite

boundaries.

99) Site, Corner.—A site at the junctions of and fronting on

two or more intersecting streets.

100) Site, Depth of.—The mean horizontal distance between

the front and rear site boundaries.

101) Stair cover or Mumty.—A structure with a roof over a

staircase and its landing built to enclose only the stairs for

the purpose of providing protection from weather and not

used for human habitation.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

15

102) Storey.—The portion of a building included between the

surface of any floor and the surface of the floor next

above it, or if there can be no floor above it, then the

space between any floor and the ceiling next above it.

103) Storey, Topmost.—The uppermost storey in a building

whether constructed wholly or partly on the roof.

104) Street/Road.—Any means of access, namely, highway,

street, lane, pathway, alley, stairway, passageway,

carriageway, footway, square, place or bridge, whether

thoroughfare or not, over which the public have a right of

passage or access or have passed and had access

uninterruptedly for a specified period, whether existing or

proposed in any scheme, and includes all bunds, channels,

ditches, storm-water drains, culverts, footpaths, sidewalks,

traffic islands, roadside trees and hedges, retaining walls,

fences, barriers and railings within the street lines.

105) Street Level or Grade.—The officially established

elevation or grade of the central line of the street upon

which a plot fronts and if there is no officially established

grade, the existing grade of the street at its mid-point.

106) Street Line .—The line defining the side limits of a street.

107) To Erect.—To erect a building means,—

a.

To erect a new building on any site whether

previously built upon or not ; and

b.

To re-erect any building of which portions above the

plinth level have been pull down, burnt or destroyed.

108) Urban Local Authority (ULA).—All local authorities

constituted under J&K Development Act, 1970 and

controlled

by

Housing

and

Urban

Development

Department.

109) Urban Local Body (ULB).—All municipal corporations,

municipal councils and municipal committees constituted

under J&K Municipal Corporation Act, 2000 and J&K

Municipal Act, 2000 shall be deemed to be urban local

body.

16

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

110) Verandah.—A covered area with at least one side open to

the outside with the exception of l m high parapet on the

upper floors to be provided on the open side.

111) Ventilation—shall mean the supply of outside air into a

building through window or other openings due to wind

outside and convection effects arising from temperature,

or vapour pressure differences (or both) between inside

and outside of the building.

112) Water Closet (W.C.).—A water flushed plumbing fixture

designed to receive human excrement directly from the

user of the fixture. The term is used sometimes to

designate the room or compartment in which the fixture is

placed.

113) Window.—An opening to the outside other than a door,

which provides all or part of the required natural light or

ventilation of both to an interior space and not used as a

means of egress/ingress.

114) Warehouse—means a building, the whole or substantial

part of which is used or intended to be used for the storage

of goods but does not include a store room attached to and

used for the proper functioning of a shop.

115) Workshop—means a building where not more than ten

persons are employed in any repair/servicing or

manufacturing process.

116) Zonal plan.—A plan detailing out the proposals of

Master Plan and acting as a link between Master Plan and

the layout plan. It may contain a site plan and land use

plan, with approximate location and extent of land uses.

Such as public and semi-public buildings/works utilities,

roads, housing, recreation, industry, business, markets,

schools, hospitals, open spaces etc. It may also specify

standards of population density and various components

of development of the zone.

117) Zone—means any division in which local areas is divided

for purpose of development.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

17

CHAPTER 2

JURISIDICTION, APPLICABILITY AND PROCEDURE FOR

OBTAINING BUILDING PERMISSION AND SANCTIONING

BUILDING PLAN

2.1 Jurisdiction of Building Bye-laws :

These Building Bye-laws shall apply to the building activity in the

Union Territory of Jammu and Kashmir for all urban local bodies,

urban

development

authorities

and

metropolitan

regional

development authorities.

2.2 Applicability of Building Bye-laws :

These building Bye-laws shall be applicable to all building

activities undertaken by private or Government agencies and shall

be read in conjunction with the Master Plan/Zonal Development

Plan or any other statutory plan in force, if any, and notifications, if

any, about the same and as amended from time to time and these

building Bye-laws may be reviewed after five years.

2.3 Applicability of Bye-laws for all types of building developments

and part construction :

Except hereinafter or otherwise provided, these Bye-laws shall

apply to all development, redevelopment, erection and/or re-

erection of a building whether temporary or permanent as well as to

the design, construction of, or reconstruction and additions and

alterations to a building.

i.

Applicability of Bye-laws for Part construction :

Where the whole or part of a building is demolished or altered

or reconstructed, except where otherwise specifically

stipulated, these Building Bye-laws shall apply to the whole

building whether existing or new.

ii.

Change of use/Occupancy :

Where the use of a building is changed, except where

otherwise specifically stipulated, these Building Bye-laws

shall apply to all parts of the building affected by the change.

iii.

Reconstruction :

The reconstruction in whole or part of a building which has

ceased to operate due to fire, natural collapse or demolition

18

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

having been declared unsafe, or which is likely to be

demolished by or under an order of the Authority as the case

may be and for which the necessary certificate has been given

by the Authority.

2.4 Existing approved building :

Nothing in these Bye-laws shall require the removal, alteration, or

abandonment, nor prevent continuance of the lawfully established

use or occupancy of an existing approved building unless, in the

opinion of the Authority such a building is unsafe or constitutes a

hazard to the safety of adjacent property or to the occupants of the

building itself.

2.5 Building Permit Required :

No person shall undertake any building operation/construction

without obtaining a valid Building Permit prior to commencement

of such activity. Issuance of a Building Permit by the BPIA shall

mean an acceptance by the Authority that the design and

specifications of the proposed building, for which Building Permit

has been issued, conforms to these Building Bye-laws/Building

Regulations, and, that the person holding the Building Permit may

undertake construction of the proposed building. It does not

constitute acceptance of correctness, confirmation, approval or

endorsement of—

a)

Easement rights of the plot on which the building is proposed.

b)

Workmanship, soundness of material and structural safety of

the proposed building and shall not bind or render the

Authority liable in any way in regard to (a) and (b) above.

Design and specifications of all aspects of a building shall be

the responsibility of the owner of the building. Design and

specifications of a building shall be mandatory and may be

examined by the BPIA for ensuring the compliance of the

building to these Building Bye-laws/Regulations.

2.6 Procedure for obtaining Building Permit :

Every person who intends to erect or re-erect or make material

alteration in any place in a building or part thereof, within the local

area, shall apply in writing or online as prescribed to the BPIA, on

prescribed format. Such notice shall be accompanied with the plans.

Copies shall be retained in the office of the Authority for record

after the issuance of permission and a copy shall be given to the

applicant and the concerned Ward Officer.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

19

2.6.1

Notice/Application :

Application for Building Permit shall be made by the owner of

the plot on which the building is proposed in the format

prescribed by the agency (Appendix “A”: Form for Application

to Erect, Re-erect or to make Material Alteration in any place in

a Building). Drawings, specifications and documents to be

submitted along with Application for obtaining a Building

Permit shall be as per these Bye-Laws.

2.6.2

Scrutiny of Application :

The Authority shall undertake scrutiny of the application for a

Building Permit with all the requisite checklists. Any deficiency

if found during scrutiny shall be communicated in writing to the

applicant in the prescribed format within time-frame as defined

in section 2.15 and 2.16. The applicant shall submit the revised

application to comply with the objections raised within seven

days. The Authority shall scrutinize the resubmitted plans and if,

there are still some objections that shall be intimated to the

applicant for compliance. It is further clarified that—

(a) No Application shall be valid unless the information

required by the Authority under these Bye-laws or any

further information which may be required has been

furnished to the satisfaction of the Authority.

(b) The Owner/Registered Technical Person shall be fully

responsible for any violation of Master Plan/Zonal

Plan/Building Bye-laws, architectural controls, lease deed

conditions etc. In case of any default, they shall be liable for

action. Any construction so raised shall be deemed to be

unauthorized and shall be liable for action.

2.6.3

Grant or Refusal of a Building Permit :

After receiving the replies, designs and specifications of

proposed building, Building Permit shall be issued to the

applicant when the BPIA is satisfied that the design and

specifications of the proposed building comply with these

building Bye-laws. However, if after receiving the replies the

proposed building does not comply with Building Bye-laws,

Master Plan etc., the application may be rejected. Reasons for

20

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

rejection shall be communicated to the applicant within fifteen

days in the prescribed format (Appendix “A-7”: Form for

Refusal of Building Permit).

2.6.4

Exemption to Government:

No Government/Semi-Government organizations either Central

or UT shall be exempted from complying with the provisions of

the Bye-laws/Regulations, unless ‘Government’ grants such an

exemption.

2.6.5

Plans and documents accompanying applications :

The following plans shall accompany the application for grant of

building permission:—

(a) Site Plan.—The site plan drawn to a minimum scale of

1:200/1'=16'-0″ or Graphic Scale and shall show the

following:—

(i)

The boundaries of the site belonging to the owner

with dimensions and of any contiguous land and

other features including buildings up to 50/-0//

surrounding ;

(ii)

The position of the site in relation to neighbouring

streets with name of the street on which the building

is situated ;

(iii) The position of the site and all other buildings (if

any) which the applicant intends to erect upon his

land in relation to—

•

The boundaries of the site and in case where the

site has been partitioned, the boundaries of the

portion owned by the applicant and also of the

portions owned by other owners of that entire

plot ;

•

The means of access from an existing street to the

building ;

(iv) Graphic Scale with north direction ;

(v)

Plot area, plinth area, floor space index/floor area

ratio ;

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

21

(vi) Location, name and width of each adjacent road or

lane ;

(vii) Such other particulars as may be prescribed by the

Authority ;

(viii) The applicant shall also submit landscape plan

indicating

all

landscaping

elements

viz-a-viz

structure wherever applicable ;

(ix) Location with precise latitude and longitude/key

plan of the site not to scale but giving distance from

known landmark ;

(x)

All utilities lines have to be marked in site plan

wherever necessary ;

(xi) The position of all the existing features like high

tension line, telegraph and electrical poles/lines,

underground pipe lines, trees, grave yards, religious

buildings, railway lines, etc. within a distance of

30m from the nearest edge of the site, all major

physical features of land proposed to be developed

which include the approximate location and size of

any water body, flood affected areas and contours at

an interval of 0.3m in case of the site which has a

slope more than 1:20.

(b) Building Plan.—The details of the building which inter

alia shall include plans, elevations and sections enclosed

with the application shall be accurately drawn to scale of

1:100/1//=8/-0// or Graphic scale. Adequate arrangement for

proper drainage shall also be shown. The plan shall

include—

(i)

Complete layout plan of the area or areas showing

location and width of all street’s dimensions, sizes

and uses of all the plots.

(ii)

Plans of all floors, accessory buildings and

basement plan. Such drawings shall fairly indicate

the size of rooms, size of windows and ventilators,

size of door opening and stair runs.

(iii) Location of drains, sewers, public utility, electric

lines, services, transformers.

22

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

(iv)

Exact location of essential services such as W. C.

sink, bath etc.

(v)

Proposed and existing works should be clearly

indicated in different colour (other than red) or in

marking.

(vi)

Sectional drawings showing clearly the sizes of

footings, thickness of basement walls, if any, all

roof slabs and floor slabs, ceiling heights and

parapet height with their materials. The section shall

indicate the drainage and slope off the roof. At least

one section shall be taken through the staircase.

(vii) Details of served privies (if any).

(viii) Street elevation and one more side elevation.

(ix)

Dimensions of the projected portions beyond the

permissible building line i. e. Chajja line.

(x)

The existing ground level of the plot and proposed

ground level in relation to abutting road level to be

clearly mentioned in drawing.

(xi)

Detailed parking plan.

(xii) Space used for storing construction materials during

the time of construction.

(xiii) The owner shall file an undertaking stating that he

shall leave and surrender land for road widening if

required under rules, and he will not violate any

rules, building Bye-laws, and that in case of

violations the Authority shall be at liberty to

summarily remove such deviations without prior

notice and at the owner’s cost. The form of

undertaking shall be as at prescribed format

(Appendix B Handing Over Land Required for

Road Widening).

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

23

(c)

Building Plans for Multi-Storeyed/Special Buildings.—

For multi-storeyed buildings, which are above 15 M. in

height the following additional information shall be

furnished/indicated in the building plans in addition to the

item listed in section 2.6.5.

For all high-rise buildings which are 15 m or more in height

and for special buildings like educational, assembly,

institutional, business, mercantile, industrial, storage and

hazardous and mixed occupancies with any of the aforesaid

occupancies having covered area more than 500 Sq.m. (see

also Part 4. Fire and Lift Safety of the National Building

Code, 2016), the building sanction shall be done in two

stages. In case of important projects and projects having

high complexity and sensitivity, the Authority may get the

design, drawings and details of such buildings peer

reviewed/proof checked before approving the same.

Stage 1: Planning clearance.—The following additional

information shall be furnished/indicated in the building plan

in addition to the items given in (b) as applicable :—

(i)

Access to fire appliances/vehicles with details of

vehicular turning circle and clear motorable access

way around the building ;

(ii)

Size (width) of main and alternative staircases along

with balcony approach, corridor, ventilated lobby

approach ;

(iii)

Location and details of lift enclosures ;

(iv)

Location and size of fire lift ;

(v)

Smoke stop lobby/door, where provided ;

(vi)

Refuse chutes, refuse chamber, service duct, etc. ;

(vii)

Vehicular parking spaces ;

(viii)

Refuge area, if any ;

24

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

(ix)

Details of building services. Air conditioning system

with position of fire dampers, mechanical ventilation

system, electrical services, boilers, gas pipes, etc. ;

(x)

Details of exits including provision of ramps, etc., for

hospitals and special risks ;

(xi)

Location of generator, transformer and switchgear

room ;

(xii)

Smoke exhauster system, if any ;

(xiii)

Details of fire alarm system network ;

(xiv)

Location of centralized control, connecting all fire

alarm systems, built-in-fire protection arrangements

and public address system, etc. ;

(xv)

Location and dimensions of static water storage tank

and pump room along with fire service inlets for

mobile pump and water storage tank ;

(xvi)

Location and details of fixed fire protection

installations such as sprinklers, wet risers, hose-reels,

drenchers, etc. ;

(xvii)

Location

and

details

of

first-aid

fire-fighting

equipment/installations ;

(xviii)

Features relating to accessibility for the elderly and

persons with disabilities, shall be in accordance with

Chapter 13 of Part 3 ‘Development Control Rules and

General Building Requirements’ of the National

Building Code, 2016 for the designated buildings and

areas ; and

(xix)

An undertaking stating that debris or construction

materials will not be stacked in public places leading

to public nuisance. If the Authority finds that the

applicant caused nuisance to public while executing

construction necessary fine be levied as per

notifications issued by the authority.

Stage 2: Building permit clearance.—After obtaining the

sanction for planning (Stage 1) from the Authority, a

complete set of structural plans, sections, details, design

calculations duly signed by engineer/structural engineer (see

Annexure A) along with the complete set of details duly

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

25

approved in Stage 1 and certificate of completed structural

design work (see Annexure J) shall be submitted. A copy of

the subsurface investigation report prepared and duly signed

by the geotechnical engineer shall also be submitted. The

building plans/details shall be deemed sanctioned for the

commencement of construction only after obtaining the

permit for Stage 2 from the Authority.

(d) Service Plan.—Details of private water supply, sewerage

disposal system, rain water harvesting system and details

of building services, where required by Authority,

shall be made available on a scale not less than

1:200/1//=16/-0// or Graphical scale rain water harvesting

system need to be indicated.

(e)

Specification.—General specification of the proposed

constructions including a detail calculation sheet of

FAR/FSI in the proposals.

(f)

Signing the plans.—All the plans and drawings shall be

duly signed by the owner and the Registered Technical

Person preparing the plan, who shall be registered with the

BPIA (please refer section CHAPTER 2:2.19 for details).

(g) Any other statement as may be required by the Authority.

(h) Ownership Document.—The applicant shall submit proof

of ownership of the land, on which construction is proposed

duly authenticated and verified by Revenue Authority

(Assistant Commissioner, Revenue/Tehsildar as prescribed

hereinafter).

(i)

Fees for permission.—Every applicant intending to

construct or reconstruct or alter any building or part of

building shall pay to the Authority, the various fees

prescribed by the Authority. The applicant shall keep the

proof of submission of fees in his/her records.

(j)

Withdrawal of application.—The applicant may withdraw

the application and plans any time prior to its sanction and

such action shall terminate all proceedings with respect to

such application but the fees paid shall in no case be

refunded.

26

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

(k) An undertaking shall be submitted along with the

documents that the applicant shall be liable for action as per

law

for

furnishing

wrong

information,

fake/fraud

documents or withheld any information having bearing for

grant

of

building

permission

(Appendix

“A-4”:

Undertaking for Payment of Other and Peripheral Charges).

Note:—It should be on non-judicial stamp paper of specified

amount attested by Notary Public/First Class Magistrate.

(l)

Appendix “A-5”: Affidavit-cum-Undertaking.

(m) The applicant shall also attach the documents of seismic

resilience duly signed by the Structural Engineer where the

land is situated in highly vulnerable zone and certificates

shall also be submitted in case the building having built up

area more than 500 Sq.m. or in case more than G+2

building.

(n) Standard Plan Permission.—Each authority shall keep a

set of approved standard building plans for plot sizes up to

150 Sq. m. In case the owner’s/applicants plot is situated in

approval layout, and he wishes to construct as per plans

available with the authority, he may apply to the authority

in the prescribed format indicating his choice of standard

approved plan along with requisite fees and his ownership

documents. The receipt of payment of fees to the authority

in such case shall be considered as authorized building

permission.

(o) In the case the applicant has fulfilled all the requisite

formalities and the Authority has not decided on the notice

of intent of the applicant within a maximum period of 60

days from the date of application, the permission shall be

deemed to have been accorded, provided the proposed

construction does not—

(i)

Violate the planned development of J&K UT as

envisaged by various departments and departmental

agencies such as Municipal Corporation/Council/

Committee, Development Authorities, Jal Shakti

Department, UEED etc. as applicable.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

27

(ii)

Violate zoning regulation under the Master Plan.

(iii) Violate the land use of the area.

(iv)

Violate the FAR and set back norms.

(v)

Come in alignment of green belt.

(vi)

Effect the easement right of the adjacent plot holder

and the title of the land is not subject matter of

dispute before any forum.

(p) Notice for alteration.—When the notice is only for an

alteration of the building, only such plans and statement as

may be necessary, shall accompany the notice.

No notice and building permit, is necessary for the

following alterations, which do not otherwise violate any

provisions

regarding

general

building

requirements,

structural stability and fire safety requirements of these

Bye-Laws:—

(i)

Plastering and patch repairs ;

(ii)

Re-roofing or renewals of roof including roof of

intermediate floors at the same height ;

(iii) Flooring and re-flooring ;

(iv)

Opening and closing of windows, ventilators and

doors not opening towards other’s properties and/or

public road/property ;

(v)

Replacing fallen bricks, stones, pillars, beams etc. ;

(vi)

Construction or re-construction of sunshade not

more than 75cms. in width within one’s land and

not overhanging over a public street ;

(vii) Construction or re-construction of parapet not more

than 1.5 m. in height and also construction or re-

construction of boundary wall as permissible under

these Bye-laws ;

28

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

(viii) White washing, painting, etc. including erection of

false ceiling in any floor at the permissible clear

height provided the false ceiling in no way can be

put to use as a loft etc. ;

(ix)

Reconstruction of portions of buildings damaged by

storm, rains, fire, earthquake or any other natural

calamity to the same extent and specification as

existed prior to the damage provided the use

conforms to provisions of Master Plan/Zonal Plan ;

(x)

Erection or re-erection of internal partitions

provided the same are within the purview of the

Bye-laws.

2.7

Procedure for obtaining a Revised Building Permit :

Changes or revisions in the sanctioned design and specification

of a building may be made provided that a Revised Building

Permit is obtained before construction is undertaken on the

portion of the building that deviates from the Sanctioned Design

and Specification. The changes shall be not more than 10% of

built-up area for consideration as Revised Building Permit, for

changes above 10%, a new application shall be made.

2.7.1

Notice/Application :

Application for Revising a Building Permit shall be made by the

owner of the plot on which the building is proposed in the format

(Appendix “A”: Form for Application to Erect, Re-Erect or to

make Material Alteration in any place in a building).

2.7.2

Scrutiny of Application :

The Building Permit Issuing Authority (BPIA) shall follow the

same procedure as that of issuing new Building Permit after

collecting the fees as prescribed by the Authority. If the revised

permit is applied during the execution of work of the building for

which the revised permit is applied, then construction of the

portion of the building for which revised permit is sought for,

shall not be commenced unless the revised permit is issued by

the Authority.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

29

2.8

Procedure for obtaining a Revalidated Building Permit :

2.8.1

Meaning of “Lapse of Building Permit” :

A Building Permit shall mean to have lapsed if a material fact,

based on which the Building Permit has been granted, no longer

holds true, regardless of whether the BPIA was informed of the

same or not. A lapsed Building Permit shall continue to remain

lapse till the procedural requirements specified for revalidation

of Building Permit in Building Bye-laws are met with. A

Building Permit shall lapse—

(a) If construction of the building is not executed and

completed within the period of three years for residential,

industrial and commercial buildings (4 storeyed) and four

years for multi-storeyed buildings from the date of Building

Permit.

(b) If the ownership of the plot changes after a Building Permit

has been granted as stipulated in Building Bye-laws.

(c) If at any time before obtaining the completion certificate

from the RTP, based on whose certification the Building

Permit was granted, ceases to be the Person on Record

(POR) for the building, either because the Person on Record

was relieved of his responsibility by the Owner, or because

the Person on Record relieves himself of responsibility by

informing the authority as stipulated in Building Bye-laws

and a substitute is not appointed in a period of 15 days.

Following lapse of a Building Permit, construction may no

longer be undertaken on the plot for which the Building

Permit was granted, until the procedural requirements

specified for revalidation of Building Permit are met with.

2.8.2

Meaning of “Revocation of Building Permit” :

Revocation of a Building Permit by the BPIA shall mean that the

Building Permit shall no longer be valid, and that the permission

granted by the BPIA to undertake construction stands

withdrawn.

Following revocation of a Building Permit, construction may no

longer be undertaken on the plot for which the Building Permit

was granted. A Notice of Revocation of a Building Permit shall

be issued in writing as per the format prepared by the BPIA.

30

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

2.8.3

Notice/Application :

Application for Revalidating a Lapsed Building Permit shall be

made by the owner of the plot on which building is proposed;

using the Format (Appendix “A-8” Form of Revalidation)

prescribed by the BPIA.

2.8.4

Scrutiny of Application :

The Building Permit Issuing Authority shall follow the same

procedure as that of issuing new Building Permit after collecting

the fees as prescribed by the Authority.

2.9

Procedure for obtaining a Building Use Permit :

2.9.1

Notice of Completion of Construction and Application for

Building Use Permit :

The owner shall be responsible for notifying the BPIA of

completion of construction, for certifying that the construction

complies with the sanctioned design and specifications, and for

applying for grant of a Building Use Permit. Notice of

Completion of Construction, compliance certification and

application for Building Use Permit shall be made in the format

prescribed by the Authority (Appendix “A-6” Building

Permit/Sanction) and shall be accompanied by documents and

drawings as prescribed by the Authority.

2.9.2

Final Inspection :

Following receipt of the Notice of Completion of Construction,

the authority shall undertake final inspection of construction for

ensuring compliance to sanctioned design and specifications.

The authority shall communicate the date and time of inspection

to the owner within 15 working days of receipt of Notice of

Completion of Construction. In case the BPIA does not

communicate decision to inspect construction within 15 working

days of receipt of Notice of Completion of Construction, the

Building Use Permit shall be deemed to have been granted by

the authority and sanctioned use may be made of the building.

If, on inspection, the authority is satisfied that the construction of

the building complies with the sanctioned design and

specifications, he shall grant a Building Use Permit and

sanctioned use may be made of the building.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

31

2.9.3

Communication of Queries :

If the construction is found not complying with sanctioned

design and specifications, the Authority shall communicate

queries regarding the construction and/or directions to ensure

compliance to the owner, within 7 working days of the date of

inspection. Failure to comply with directions, as may be issued

by the Authority may result in revocation of the Building Permit.

In case the Authority does not communicate queries regarding

the construction and/or directions to ensure compliance within

10 working days of the date of inspection, Building Use Permit

shall be deemed to have been granted by the BPIA and

sanctioned use of the building may be made.

2.9.4

Grant or Refusal of Building Use Permit :

If the BPIA is satisfied that the construction of the building

complies with the sanctioned design and specifications. The

BPIA shall grant a Building Use Permit and sanctioned use may

be made of the building. Reasons for refusal of Building Use

Permit shall be communicated to the applicant within 15

working days for self-use homes and 30 days for other buildings

by the Authority.

2.9.5

Procedure for Obtaining Permit to Change Sanctioned Use

of Building :

(a) Application : Application for obtaining Permit to Change

Sanctioned Use of Building shall be made by the owner of

the plot. The Authority shall determine drawings,

specifications and documents to be submitted along with

Application for Permit to Change Sanctioned Use of

Building.

(b) Fees for Obtaining Permit to Change Sanctioned Use of

Building : The fees and other charges for obtaining Permit

to Change Sanctioned Use of Building shall be as prescribed

by the BPIA Authority.

(c) Scrutiny of Application—

(i)

The BPIA shall undertake scrutiny of the

Application for Permit to Change Sanctioned Use of

Building and communicate to the applicant the date

and time for plot/spot inspection, if required within

15 working days of the date of acceptance of the

application.

32

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

(ii)

Lack of compliance with Building Bye-laws/

Regulations and the master plan and/or queries

pertaining to the application shall be communicated

within 21 working days of the date of acceptance of

the application.

(iii) Acceptance or rejection of compliant modifications

in the application and responses to queries shall be

communicated within 10 working days of receipt of

the modifications and responses.

(iv)

Acceptance or rejection of further compliant

modifications in the application and responses to

queries shall also be communicated within 10

working days of the receipt of modifications and

responses.

(d) Grant or Refusal of Permit to Change Sanctioned Use of

Building : A Permit to Change Sanctioned Use of Building

shall be issued to the applicant when the Authority is

satisfied that the proposed change of use of the building

complies with these Building Bye-laws/Regulations and the

Master Plan. Reasons for rejection of application shall be

communicated to the applicant for his/her satisfaction.

2.10 Fees for permission :

(a) No Notice shall be deemed valid unless the person giving

notice has paid the application fees for the time being in

force to the Authority and an attested copy of receipt of such

payment is attached with the notice.

(b) In case the authority after processing the application of

building permit, the building permission/development

permission fees shall be charged by Authority prior issuance

of such building/development permits.

(c) The fees for building permission will be prescribed by

Government/Urban

Local

Body/Urban

Development

Authority through notification.

2.11 Unauthorized Development :

In case of unauthorized development, the Authority shall take

suitable action, which may include demolition of unauthorized

works, sealing of premises, prosecution and criminal proceeding

against the offender in pursuance of relevant laws in force.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

33

2.12 Unauthorized use of Building :

(a) Use of any building or a part of a building, without a

Building Use Permit or in a manner that does not conform

toits sanctioned use or after a Building Use Permit has been

revoked, shall be deemed to be unauthorized use of

building.

(b) The BPIA may declare the use of any building to be an

unauthorized use if it is convinced that the building is

unsafe for habitation or if its use poses a danger to public

health or safety.

(c) Dealing with unauthorized use of building and unsafe

buildings—

(i)

If the BPIA deems the use of any building or part of

a building to be an unauthorized use of building.

(ii)

It shall, by a written notice, require the person

making unauthorized use of building to stop the

same forthwith.

(iii) If unauthorized use is not stopped, the Authority

may direct the person making such use to be

removed from the building and may cause such

necessary measures to be taken to ensure that the

person does not re-enter the building without

written permission of the BPIA Authority. The

cost(s) of undertaking these measures shall be paid

by the said person.

2.13 Duration of Sanction/Revalidation :

Once a building permit is sanctioned, it shall remain valid for

three years from the date of sanction for residential, industrial,

and commercial buildings (4 storeyed) and for a period of four

years from the date of sanction for high-rise and tall buildings.

However, the validity period of sanction in case of

additions/alterations in both the cases, shall be two years from

the date of sanction. The building permit shall be got revalidated

in the prescribed form before the expiry of this period on year-

to-year basis. Revalidation shall be subject to the Master

Plan/Zonal Plan regulation and Building Bye-laws, as in force,

for the area where construction has not started.

34

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

2.14 Responsibilities of owner and Registered Technical Person :

2.14.1 Responsibilities of Owner :

The owner shall—

(a) Be responsible for ensuring that the building compliances

with the Building Bye-laws, master plan/zonal development

plan.

(b) Shall make the application for a Building Permit.

(c) As prescribed appoint Registered Technical Person to

undertake third-party verification of the structural design

and specifications of the proposed building and, to verify

and certify that the design and specifications compliance

with these Building Bye-laws as prescribed.

(d) As prescribed, Appoint an Engineer/Architect on Record to

certify that the construction of the building has been

undertaken as per detailed design and specifications

stipulated by the R. T. P. and the Structural Engineer on

Record as per clause 2.19.

(e) Obtain a Building Permit prior to commencement of

building.

(f) Submit a Notice of Commencement of Construction,

Notices of Progress of Construction, and a Notice of

Completion of Construction to the Authority.

(g) Obtain a Building Use Permit prior to making use or to

occupying the building or a part of the building.

(h) Inform the BPIA in writing within 7 working days if for any

reason he ceases to be the owner of the plot for which the

Building Permit has been issued or granted, regardless of

whether building has commenced or not.

(i) Inform the Authority in writing within 7 working days if for

any reason, any of the Registered Technical Person

appointed by him has been relieved of their responsibilities.

(j) Ensure that no construction is undertaken during the period

that the Building Permit has lapsed or has been revoked.

(k) Submit Maintenance Certificates as required by Authority

from time to time.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

35

(l) No ownership of a plot or building shall be changed or

transferred by whatsoever means before issuance of Building

Use Permit except with prior permission of Authority. If the

ownership has been changed without prior permission of

Authority, the building permit issued by the BPIA shall be

deemed to have been revoked. This shall also apply to

building under construction. The Authority shall charge the

fee it deems fit for change of ownership. However, the

Authority may on application by prospective owner, issue

Building Use Permit subject to payment of penalty of

Rs. 5000/- if it is satisfied that the building is in conformity

with the design and specifications as approved by the BPIA

Authority.

2.14.2 Revocation of Building Permit and Penal Actions in case of

misrepresentation :

(a) The BPIA may revoke a Building Permit if—

(i)

It determines that false statements were made, or

material facts were misrepresented for obtaining the

Building Permit.

(ii) At any time before obtaining the completion

certificate, the Registered Technical Person based on

whose certification the building construction is

carried out is de-listed by the Authority.

(b) Penal action against defaulting Architects/Engineers/

Groups/Supervisors—

(i)

The Authority reserves the right to take action and

to debar/blacklist Registered Technical Person if

found to have deviated from norms and regulations,

professionally indulged in misrepresentation of any

material fact or in supervision of the construction

against the Building Bye-laws and the sanctioned

building plans.

(ii)

If the BPIA finds at any time any violation of the

Building

Bye-laws/Regulations/master

plan

or

misrepresentation of fact, or construction at variance

with the sanction or Building Bye-laws, inclusive of

36

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

the prescribed documents, the Authority shall be

entitled to revoke the sanction and take appropriate

action against such professionals who shall not be

authorized to submit fresh plans till finalization of

the case. Before debarring or blacklisting such a

professional found to be indulging in professional

misconduct or where she/he has misrepresented any

material fact, the Authority shall give him/her a

show cause notice with a personal hearing and pass

a speaking order to debar her/him with full

justification for the same. An appeal against order

shall lie with the appellate authority i. e., J&K

Special Tribunal.

(iii) Penalties : Procedures for ascertaining whether a

Registered

Technical

Person

has

failed

in

discharging his responsibilities in the context of

these Building Bye-laws/Regulations and the master

plan shall be determined by the BPIA Authority etc.

Penalties for failing to discharge responsibilities

shall also be determined by the Authority.

(c) Penalties to be levied for violations in process for obtaining

building permit as per provisions of the Bye-laws—

(i)

The Authority under provisions of the J&K

Development Act, 1970, the J&K Municipal

Corporation Act, 2000, J&K Municipal Act, 2000

and shall take penal action for violation of Master

Plan/Zoning Regulations or Bye-laws which may

include

stoppage

of

construction

activity,

demolition/alternation and in paying fine and by

imposing penalties.

(ii) Should any dispute arise about the interpretation of

any definitions or provisions of these rules, the

decision of the BPIA shall be final. However,

aggrieved persons may appeal to the appellate

authority against such decisions and the decisions of

the appellate authority shall be final and binding to

all concerned.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

37

(iii) Should at any time the Authority decide that certain

provisions of these rules require change or

suspension in certain areas for a comprehensive

development of the area, the same can be made by

the Authority with prior approval of the Govt.

(iv) Any person who contravenes any of the provisions

of these Bye-laws or interferes or obstructs any

person in discharging his legitimate duties which

shall include to conduct inspection of the work at

various stages and authorized in writing in this

behalf by competent shall be liable to pay a penalty

of Rs. 10,000/-.

(v) Any person who makes any building/structure

functional on its completion without ‘Building Use

Certificate’ as provided in bye-rule 2.9 (2.9.1), shall

be liable to pay a penalty of Rs. Minimum 10,000/-

and maximum Rs. one lac. The persons who without

express permission provides utility service shall also

be liable to pay a penalty of Rs. 10,000/-.

2.14.3 Disputes regarding Interpretation of provisions of Bye-laws :

In case of any dispute arising regarding the interpretation of any

of the provisions of these Bye-laws the matter shall be referred

to Government for a decision. Any action taken under any

law/regulations on the subject before the enforcement of these

Bye-laws shall not be questioned.

2.15 Procedure for Building Permission of Residential Use

Building :

Table 2—1: Procedure for Building Permission of Residential Use

Building

S. No.

For Plots in Government

Colonies

For Other Plots

Step 1 • Preparation of buildings plans from Registered Technical

Person (List given in Section CHAPTER 2: 2.19) (By the

applicant)

38

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

S. No.

For Plots in Government

Colonies

For Other Plots

Step 2 • A ‘provisional permit’ may

be issued by the Registered

Technical Person or any other

designated Technical person

as notified.

• The provisional permit will

be issued by the Registered

Technical

Person

in

the

prescribed

format

as

prescribed by the Authority

based strictly on the approved

Master plans/Building Bye-

laws/ Building Code in vogue

and other norms as applicable

with land title duly attested

by the Concerned Agency.

• The Registered Technical

Person

will

submit

the

provisional permits to BPIA

in the prescribed format as

prescribed by the Authority,

with undertakings through its

nodal person in 3 days after

the

issuance

of

the

provisional permit along with

the types of fees applicable.

• The Registered Technical

Person will certify that the

site

is

clear

from

any

provisions related to water

supply, electric lines, sewers

and drains, water bodies as

prescribed

in the Master

Plan/Building

Bye-laws/

Building

Code/applicable

norms.

• The

applicant

will

submit

the

Building

Permit

Application

online in the prescribed

format as prescribed by

the Authority. The plans

will be submitted in the

prescribed

format

attested

by

the

Registered

Technical

Person

with

the

undertakings as required

that the application is

based

on

approved

Master

plans/Building

Bye-laws/

Building

Code in vogue and other

norms

as

applicable

with land title duly

attested by designated

revenue authority.

• After an application for

erection, re-erection or

alteration of a building

has been received, the

designated person shall

immediately forward a

copy of the plans to

relevant agencies for

their clearance with or

without condition.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

39

S. No.

For Plots in Government

Colonies

For Other Plots

Step 3 Scrutiny of Application

Step-

3.1

After an application for erection, re-erection or alteration of a

building has been received, the designated person shall

immediately forward a copy of the plans to respective agencies

for clearance. The timelines for approval are described in

section 2.17.

Step-

3.2

The Building Permit Issuing

Authority will vet the building

permit in 15 working days or

return it to RTP with comments.

The BPIA Authority shall

give

clearance

in

one

month positively. In case

the

NOC

is

refused,

reasons

for

doing

be

conveyed in writing. In the

case of High Rise and Tall

Buildings the approval may

take 2 months because of 2

step process described in

2.6 (2.6.5).

Step 4 Notification to the applicant in case of deficiency in the

submitted information shall be given within 5 days from

Step 3.

Step 5 The designated person will issue

the building permit based on the

undertaking of RTP at Step-3.

The construction can be started

by the applicant after the vetting

of

the

building

permit

by

Building

Permit

Issuing

Authority or after 30 days from

the

date

of

submission

of

provisional building permit by

the

Registered

Technical

Person to the Building Permit

Issuing Authority through the

notified nodal person.

The BPIA Authority may

issue

permit,

with

modification or refuse the

permission. The applicant

will submit all types of fees

as applicable before the

issuance of permit.

40

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

2.16 Procedure for Building Permission of Non-Residential Use

Building :

Table 2—2: Procedure for Building Permission of Non-Residential

Use Building

S. No. All Non-Residential Buildings High Rise/Tall Building/

Special Buildings

Step 1 Preparation of buildings plans from Registered Technical

Person (List given in Section Chapter 2: 2.19) (By the

applicant).

Step 2 Scrutiny of Application.

Step-

2.1

After an application for erection, re-erection or alteration of a

building has been received, the designated person shall

immediately forward a copy of the plans to respective agencies

for clearance. The tentative timelines for approval are described

in section 2.17.

Step-

2.2

BPIA shall give clearance in

one month. In case the NOC is

refused, reasons for doing be

conveyed in writing.

The BPIA Authority shall

give clearance in two months

positively. In case the NOC is

refused, reasons for doing be

conveyed in writing. Please

refer the 2-step process for

submission

of

required

drawings as described in

section 2.6.5 (c).

Step 3 Notification to the applicant in case of deficiency in the

submitted information shall be given within 5 days from Step 2.

Step 4 The

BPIA

may

issue

permit/issue

permit

with

modification/refuse

the

permission within one month

from the date of receipt of

application.

The

BPIA

may

issue

permit/issue

permit

with

modification/refuse

the

permission

within

two

months from the date of

receipt of application.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

41

2.17

Timelines for clearance from various agencies :

Recognizing the concern for streamlining the procedures for

clearances to be obtained from various departments in least

possible number of procedures and number of days, in this model

is given ensuring that the entire process of pre-construction

approvals should be completed within one/two months:

Table 2—3: Timelines for clearance from various agencies

S.

No.

Type of approval

Approving

Authority

Stage of

project

Duration

(Days)

1

2

3

4

5

A

Intimation of

Disapproval (IoD)

Municipal Authority Pre-

construction

7

B

Site and Building

Layout approval

Municipal Authority Pre-

construction

7

C

Internal NOCs

(Part of OBPS)

PDD, PWD, PHE,

Town Planning,

Sewerage and

Drainage

Pre-

construction

15

D

External NOCs

Fire-Fighting

Scheme

(for High Rise and

Tall Buildings)

Fire Department

Pre-

construction

15

Ancient Monument

Approval

Archaeological

Survey of India

(ASI) and JK

Archaeology/

Heritage

Preservation Act

Environment

Clearance

Ministry of

Environment, Forest

and Climate Change

Pre-

construction

Bore-well

Registration

Certificate

Central Ground

Water

Authority

Pre-

construction

AAI Height NOC

Civil Aviation

Department

Pre-

construction

42

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

1

2

3

4

5

Pollution Clearance

State Pollution

Control Board

During

construction

Defence

Clearance

Ministry of

Defence

Pre-

construction

E

Building Permit

Issue (All NOCs)

Municipal Authority Pre-

construction

30 (60

days for

High Rise

and Tall

buildings)

F

Construction

Complete

Construction Time

depends on the

project Scale and

Size

G

Building Use

Certificate

Municipal Authority Post

construction

15 days

for self-

use homes

and 30

days for

other

buildings.

2.18 No Objection Certificates required for Building Permission :

1.

Title Verification: NOC from the Revenue Department shall

be required for plots other than Govt. Colonies and will be

integrated into OBPS.

2.

Fire and Emergency Services: NOC shall be required for

Assembly and Intensive Commercial and Residential Use

Buildings which inter alia includes R3, C3, C4, C5, PSP1,

PSP2, PSP3 and PSP4 or as notified by the ULB/ULA.

Note:—The NOCs’ from other departments like PDD, PWD,

PHE, Town Planning, Sewerage and Drainage shall be

integrated within OBPS for the concerned Local Bodies

and Authorities.

2.19 Qualifications for Registered Technical Persons :

a) Minimum Qualifications and Competence Requirements :—

The authority shall empanel Town Planners, Architects, Civil

Engineers, Structural Engineers, Geotechnical Engineers,

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

43

Urban Designers, Landscape Architects, Electric Engineers as

Town Planners on Record, Architects on Record (AoR),

Engineers on Record (EoR), Structural Engineers on Record

(SEOR), Geotechnical Engineers on Record (GTEoR), Urban

Designers on Record (UDoR), Landscape Architects on

Record (LAoR), Electric Engineers on Record (EEoR),

Surveyor 1 and Surveyor II etc. respectively. Applications for

listing should be made in the format prescribed by the BPIA

Authority from time to time etc. The UT may also create a

statutory board or committee for the accreditation of the

professionals.

The BPIA Authority shall determine minimum qualifications

and competence requirements for being considered for listing

as Persons on Record from time to time.

Table 2—4: Minimum Qualifications and Competence

Requirements

S.

No.

Professional

Qualification

Competence/Functions

1

2

3

4

1

Architect on

Record

(AoR)

A technical person

having

valid

registration of the

Council

of

Architecture.

The registered Architect shall

be competent to carry out the

work

related

to

the

building/development permit

as given below:—

a) Prepare and sign all plans,

sub-divisions/layout plans

and

information

connected with building

permit/licence

except

engineering services of

multi-storeyed/special

buildings

along

with

supervision.

b) Issue

Provisional

Permission up to the plot

size prescribed in these

Bye-laws or prescribed in

the

relevant

orders/

notifications.

44

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

1

2

3

4

c) Issuing

certificate

of

supervision

and

completion

of

all

buildings pertaining to

architectural aspects.

2

Engineer on

Record (EoR)

Graduate in civil

engineering from

recognized Indian

or

foreign

university

as

recognised

by

AICTE

and

registered

with

valid membership

(Civil)

of

the

Institution

of

Engineers, India.

The registered engineer shall

be competent to carry out the

work related to the building/

development permit as given

below:—

a) Prepare

and

sign

structural drawings and

service

plans

and

information

connected

with building permit.

b) Preparation of structural

drawings,

details,

and

calculations of buildings

on plot up to 500 m2 and

up to 5 storeys or 16 m in

height, all service plans

and related information

connected with develop-

ment permit of area up to

1 hectare for metro-cities

and 2 hectares for other

places.

c) Issuing

certificate

of

supervision for develop-

ment of area up to 1

hectare (for metro and

Class-I

cities)

and

2

hectares for other places

pertaining

to

building

layout, building structure,

civil works, and service

installations.

d) Issuing

certificate

of

supervision and complet-

ion

of

all

buildings

including structure and

building services.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

45

1

2

3

4

3

Structural

Engineer on

Record

(SEoR)

Postgraduate

in

Structural

Engineering from

recognized Indian

or

foreign

university

as

recognised

by

AICTE

and

Corporate

Member (Civil) of

Institution

of

Engineers (India),

minimum 3 years’

experience

in

structural

engineering

practice

with

designing

and

field work.

Note:—In

case

of

doctorate

in

structural

engineering,

the

experience

required would be

one year.

The

registered

structural

engineer shall be competent

to

prepare

the

structural

design,

calculations

and

details for all buildings and

undertake their supervision.

4

Town Planner

on

Record

(TPoR)

Graduate or Post-

graduate degree in

Town

Planning/

Urban Planning or

related

field

or

equivalent degree

as recognised by

AICTE

and

registered

with

valid membership

of the Institute of

Town

Planners,

India.

The registered town planner

shall be competent to carry

out the work related to the

development permit as given

below:—

a) Preparation of plans for

land

sub-division/layout

and related information

connected

with

development permit for

all areas.

b) Issuing of certificate of

supervision for develop-

ment of land of all areas.

46

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

1

2

3

4

Note:—However, for land

layouts

for

development

permit above 5 hectares in

area, landscape architect shall

also be associated, and for

land

development

infra-

structural services for roads,

water

supplies,

sewerage/

drainage, electrification, etc.

the registered engineers for

utility

services

shall

be

associated.

5

Landscape

Architect on

Record

(LAoR)

Bachelor

or

Master’s degree in

landscape

architecture from

recognized Indian

or

foreign

university.

The

registered

landscape

architect shall be competent

to carry out the work-related

to

landscape

design

for

building/development permit

for land areas 5 hectare and

above. In case of metro and

class I cities, this limit of

land area shall be 2 hectare

and above.

Note:—For

smaller

areas

below the limits indicated

above,

association

of

landscape architect may also

be considered from the point

of view of desired landscape

development.

6

Urban

Designer on

Record

(UDoR)

Master’s degree in

Urban design or

equivalent

from

recognized Indian

or

foreign

university.

The registered urban designer

shall be competent to carry

out the work related to the

building permit for urban

design for land areas more

than 5 hectare. She/he shall

also be competent to carry

out

the

work

of

urban

renewal for all areas.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

47

1

2

3

4

Note:—For

smaller

areas

below the limits indicated

above, association of urban

designer may be considered

from the point of view of

desired urban design.

7

Surveyor—I

Three Years

Diploma in

Architecture

Assistantship

The registered Surveyor-I

shall be competent to carry

out the work related to the

building permit as given

below:—

Prepare and sign plans

• For residential: Up to 1

Kanal Plot

(3 storeyed

building)

• For Commercial: Up to 10

Marlas

Plot (3

storeyed

building)

8

Surveyor—II Two years drafts-

manship in Civil

The registered Surveyor-II

shall be competent to carry

out the work related to the

buildings as given below:—

Prepare and sign plans

For residential: Up to 10

Marlas Plot

(2 storeyed

building)

For Commercial: Up to 7

Marlas

Plot (2

storeyed

building)

48

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

1

2

3

4

9

Supervisor on

Record (SoR)

Diploma in civil

engineering from

recognised

institute with 2

yrs.

working

experience

or

Civil

draftsman-

ship from ITI with

5 years’ experi-

ence

under

a

qualified

Architect/Civil

Engineer

for

building

construction

and

supervision.

The

registered

supervisor

shall be competent to carry

out the work related to the

building permit as given

below:—

All

plans

and

related

information connected with

building

permit

for

residential buildings on plot

up to 100 m2 and up to two

storeys or 7.5 m in height ;

and

Issuing

certificate

of

supervision for buildings as

above.

10

Plumber

on

Record (PoR)

ITI in Plumbing,

with

minimum

2 yrs. experience

of execution of

sanitary

and

plumbing

works

under any Govern-

ment Department/

local body or a

qualified

Architect/

Engineer

knowledge

of

working drawings

and dimensioned

sketches.

A

plumber

shall

be

competent

to

do

the

following jobs:—

a. Execution/supervision of

sanitary works up to 500

Sq.m.

plot

size

and

4

storeyed buildings.

11

Electrician on

Record

(EloR)

ITI in Electrical,

with minimum

2yrs experience of

execution of

electrical works

under any

government

department/local

body or a

An

electrician

shall

be

competent

to

do

the

following jobs:—

a. Execution/supervision of

Electrical works up to 500

Sq. m. plot size and 4

storeyed buildings.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

49

1

2

3

4

qualified

Architect/

Engineer

knowledge of

working drawings

and dimensioned

sketches.

12

Fire

Consultant on

Record

(FCoR)

As prescribed by Chief Fire Officer, Town/City

Fire service

b) Listing Fee and Security Deposit :

Listing Fee and Security Deposit for listing, as Persons on

Record with the BPIA shall be determined by the Authority and

notified by the Housing and Urban Development Department.

CHAPTER 3

STREAMLINIING OF BUILDING PLAN APPROVALS

3.1

Clearances at Master Plan level :

Individual construction proposals should not generally require

separate clearances from various authorities each time. Such

clearances should be integrated into the DCR of the

Master/Development Plan of the concerned city. The areas

unaffected by any of the restrictions should be clearly marked out

and mapped on a GIS platform. Area zones of differential control

regulations (within the city) by any of these agencies may also be

mapped accordingly. This will result in a composite map of the

city with various control regulations as per the various agencies

clearly marked on the map. Thus, the sites which are located

outside these restricted/regulated areas would not require clearance

from the respective authorities, thereby reducing the clearance

50

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

process significantly. Following are the clearances which should

be integrated into the city Master Plan:—

Table 3—1: Minimum Clearances from various agencies proposed

to be integrated in Master Plans

S.

No.

Name of Agency

Type of

Clearance

Area of Influence

1

National

Monuments

Authority

through Local

BPIA

Ancient

Monument

approval

As prescribed in the AMASAR

(Amendment and Validation)

Act, 2010 for protection of

monuments.

And

J&K

Archaeology/Heritage

Preservation Act

2

Ministry of

Environment,

Forest

and

Climate Change

Environment

Clearance

(EC)

As prescribed in the statutory

provisions

for

EIA

and

clearance based on the size of

the project in accordance with

Environment Protection Act,

1986

3

Central Ground

Water Authority

through Local

BPIA

Bore-well

Registration

Certificate

As per Guidelines/criteria for

evaluation of proposals/requests

for Ground Water Abstraction,

2012

4

Ministry of Civil

Aviation

AAI Height.

NOC

Critical and non-critical area as

identified by AAI

5

Ministry of

Defence

Defence

Clearance

Areas in and around Defence

Establishments as identified by

MoD.

6

Ministry of

Railways

Area

Clearance

Buffer zones as prescribed by

Railways along the Rail tracks/

depots/yards etc.

3.2

Options for reducing the timelines for approvals :

The above suggested steps are only indicative, however, there is

scope for streamlining the procedures for clearances to be

obtained from various departments in the least possible number

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

51

of procedures and number of days. Some of the options which

can reduce the time taken for various procedures are:—

a) Online sanctions : ULBs/Development Authorities have

introduced online sanction for issuing building plan and

completion certificate. The process involves use of software

tools for scrutiny of building plans. All the documents are

required to be submitted electronically using a portal. In case

the building plans do not conform to the DCR the deviations

are listed out in form of a report and intimated to the

applicant/engaged Competent Professional for building plan

design, vide an online ID in his account.

b) Empowering

Professionals :

Empowering

Competent

Professionals as prescribed for building plan design will

facilitate to streamline the procedure for obtaining approvals.

The urban local body or urban local authority or by the

Housing and Urban Development of the UT of J&K shall

empanel such professionals based on their qualifications and

track record. The empowered professionals can, also on

behalf of developers/builders submit the documents required

at the time of various clearances. This has been

comprehensively defined in the Chapter 2.

c) Creating a Cell in ULBs : There is a need for creating a

specialized cell in ULBs and UDAs which is manned by

qualified personnel conversant with the procedures and the

interpretation of development regulations. The cell should be

headed by a qualified Town Planner who should inter alia

lead a team of Architects, Engineers, Environment Specialist

and Legal Experts among others. The cell should have the

dedicated provision for online submissions and conveying

the online approvals as well. This will require robust

software and hardware system capable of handling large

digital files.

d) Single Window System : All agencies involved in the

process need to be integrated in a single electronic facility

with proper coordination and monitoring of timelines. The

52

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

Municipal

Corporation/Council/Committee

needs

to

constitute teams comprising of experts from various agencies

to be formed under the overall supervision of a Town

Planner designated to assist developers/builders with

complex projects and to constantly improve the sanction

process by cutting down delays.

e) Integration of agencies outside the ULBs for online

clearances : Various agencies like AAI, NMA, SUAC, Fire

Services, Department of Industries, Ministry of Defence, etc.

grant NOC clearance to the building plans in certain specific

cases. This may be streamlined for Ease of Doing Business

by following 2 directions as given below:—

i.

Building permission for specific areas/sizes are to be

examined by the external agencies. These areas should

be plotted on GIS based colour-coded map which may

be made available in the public domain on the agency’s

website, with clearly identified coordinates so that

building falling only in these areas need to approach the

concerned agencies for obtaining clearances. These maps

may also be made available on the website of the

concerned municipal bodies.

ii.

The external agencies also need to develop online

clearance/NOC application systems which should

suitably be integrated with the online building approval

systems of the municipal bodies. The two systems

should be so compatible that the building plans

submitted to the local bodies may after scrutinizing with

colour-coded zoning maps shall be e-transmitted to the

external agencies. The agency concerned should give

clearance within a period of maximum of 10 days with

no requirement of applicant to physically visit the offices

of the agencies. The NOC may again be e-transmitted to

the concerned local body on the building permission

system so that the ULB shall use those for final

approval.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

53

3.3

Development of an IT enabled team to operate the Building

Permission Online :

a) The IT person shall be able to analyse and identify the issues

regarding the building permit in the existing system as well as

for the system of Single Window Clearance to be adopted in

the future.

b) The IT team shall enable a preview selection mode so that the

applicants after submitting all the documents can preview it

before final submission in the existing online system.

c) The IT team shall also add the total time-frame for clearance

at each step in the existing online system dashboard.

d) The IT person shall coordinate with various departments

which issues NOCs and shall also identify the total time

required in issuing it.

e) Various issues in cross verifying the uploaded documents for

e. g. uploading of digital signature, online payments,

inspection etc. shall be listed in order to improve the existing

online approval system as well as for shifting to the automated

building approvals in the future.

f) The physical submission of building permit documents shall

be removed by introduction of Pre-DCR software to the

applicants.

g) The IT team shall enable online tracking system of NOCs if

applicable through the existing online system for the

applicants.

h) The IT team shall provide a Pre-DCR formatted software to

the consultants (Architects/Engineers/Draftsman etc.) till the

time automated building approval system is not introduced.

i) The IT team shall issue an applicant no. through which if an

applicant uploads the requisite documents thereafter after

verification by the IT team can download the Occupancy

Certificate.

3.4

Other Suggestions to enhance Ease of Doing Business :

Some other suggestions, regarding Fast Track construction

permits are—

a) Citizens’ Charter :

A Citizens’ charter lists out the timelines and upper limits of

time for the delivery of citizen services of the organization.

54

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

The objective of issuing the charter is to improve the quality

of public service in terms of timely delivery. Such charters

should be brought out by all municipalities to maintain high

standards of accountability and transparency. The standards of

service to be provided, the maximum number of days required

for building approvals and the standards procedures should be

listed out in the citizens’ charter. Some states have gone a step

further and introduced a Citizen Service Delivery Guarantee

Act whereby the timelines prescribed by a citizen charter are

made statutory and binding on officials.

b) Capacity Building :

Capacity building measures are to be adopted for such

functionaries to identify Training Needs (TNA) and other

technical requirement of duties that they are required to

discharge. Fresh recruitments commensurate to the technical

qualification/experience are to be made by the UT, if there is

complete absence of the technical expertise needed for the

said services.

c) Empowered Committees :

The Authorities may also consider constituting ‘Empowered

Committees’ or ‘Peer Expert Groups’ for undertaking scrutiny

and approval. This committee can be manned as per the

requirement and area of more than one municipality can be

put under its jurisdiction. This has special significance for tall

buildings.

d) Simplification of Bye-laws :

The Building Bye-laws have been simplified for easy

comprehension of lay person as well as professionals involved

in developmental activities. The simplification process should

also include the process of application, the filling up of forms

and streamlining the process of application.

CHAPTER 4

PROCEDURE DURING CONSTRUCTION

4.1

Right to Inspect Construction :

4.1.1

Right to inspect construction at any time :

a) All buildings for which Building Permit is issued are subject

to inspection by the concerned officer and the authority

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

55

reserves the right to inspect such buildings at any time

during the period of construction without giving prior notice

of its intention to do so. Owner of the plot and/or any person

undertaking construction shall permit authorized officers of

the ULB/ULA to enter the plot and inspect the building for

the purpose of enforcing these Building Bye-laws.

b) The structural design, constructional standard etc.; of all

high-rise and tall buildings are required to be supervised

during construction at three stages at (1) foundation, (2)

plinth stage/ground floor and (3) upper floor/roofing stage in

the manner described below :

c) The individual/promoter is required to get his construction

checked at above mentioned three stages of construction by

the Authority. Necessary certificate in the format prescribed

by the Authority shall be submitted to the BPIA at each stage

before proceeding with next stage of construction. Next

stage of construction shall not be proceeded with unless

certificate of completion of preceding stage is examined and

cleared by Authority. The clearance through “Go-ahead

Certificate” at each sage shall be issued by Authority within

seven working days from the date of receipt of completion

certificate at each stage. Failure to comply with this

provision shall be deemed that the building permission has

been revoked.

4.1.2

Information to be prominently displayed on Site :

It shall be the responsibility of the owner to erect a notice board

on the plot displaying key information pertaining to the building

within 15 working days of issue of Building Permit. The notice

board should be prominently visible, easily readable and should

be located next to the primary access to the plot. The notice

board/s should be maintained for the entire Period of

Construction up to issue or grant of Building Use Permit. Failure

to comply with this Building Bye-law may result in revocation of

the Building Permit.

4.1.3

Documents and Drawings to be maintained on Site :

It shall be the responsibility of the owner for the building to keep

all the documents and drawings approved on the site, at all times

56

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

after issuing Notice of Commencement of Construction to the

Authority up to the issue or grant of Building Use Permit. These

documents should be made available to any authorized officer of

the Authority inspecting the site for the purpose of enforcing

these Building Bye-laws. Failure to comply with this Building

Bye-laws may result in revocation of the Building Permit.

4.1.4

Reducing Inconvenience and Ensuring Safety during

Construction :

It shall be the responsibility of the owner to certify that no

building material, building equipment or building debris is

stacked, stored, left or disposed of outside the plot for which

Building Permit has been granted, on any public street or space.

Failure to comply with this Building Bye-law may warrant

penalties on the owner of the plot. The levy of penalties shall be

notified separately.

4.1.5

Barricading the Plot during Period of Construction :

It shall be the responsibility of the owner to ensure that plot on

which construction is being undertaken, is adequately

barricaded. Specifications for barricading the plot shall be

adhered to strictly. Failure to comply with this Building

Bye-laws may warrant penalties on the owner of the plot for not

providing adequate barricading of the plot during Period of

Construction.

4.1.6

No Damage or Undue Inconvenience during Construction :

a) It shall be the responsibility of the owner to undertake all

necessary measures to ensure that no damage is caused to

adjoining properties due to construction.

b) It shall also be the responsibility of the owner to undertake

all

necessary

measures

to

ensure

that

no

undue

inconvenience is caused to the public, due to factors such as

noise, dust, smell or vibrations.

c) It shall also be the responsibility of the owner to undertake

all necessary measures to ensure that traffic is not disrupted

due to construction.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

57

d) It shall be the responsibility of the owner to carry out all

instructions given in writing by authorized officers of the

Authority as the case may be to ensure public safety and

reduce inconvenience.

e) Failure to comply with this Building Bye-law may warrant

penalty as prescribed by Authority for violation of any of the

sub-rule. However, before levy of penalty, an opportunity of

being heard shall be provided to owner of the plot.

4.1.7

BPIA Not Liable for Ensuring Safety during Construction :

The owner shall be responsible for ensuring that all necessary

measures for safety for all are taken on site. Grant of Building

Permit, Permit to Use Abutting Street for Construction, grant of

Building Use Permit for part of a building, or issuing of any

instructions to ensure public safety or reduce inconvenience,

does not render the Authority liable for any injury, damage or

loss whatsoever that may be caused to any one in or around the

area during the Period of Construction. In all such cases owner

shall be wholly and solely responsible.

4.1.8

Notice for Commencement of Construction :

The owner of the building shall notify the Authority of his

intention to commence construction at least 7 days prior to

commencing construction by filing a Notice of Commencement

of Construction in the format prescribed by the Authority. This

shall not be applicable to self-use homes.

4.1.9

Authority to be notified of Progress of Construction:

The owner shall be responsible for notifying the BPIA of the

progress of construction. Notices of Progress of Construction

shall be made in the format prescribed by the Authority.

4.1.10 Permit to Proceed with Construction Required :

No construction shall be undertaken after filing Notice of

Progress of Construction. A Permit to Proceed with

Construction from the Authority is required to undertake further

work. Permit to Proceed with Construction shall be issued in the

format prescribed by the Authority. Application for grant of

Permit to Proceed with Construction shall be made in the format

prescribed along with Notice of Progress of Construction.

58

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

4.1.11 Grant or Refusal of Permit to Proceed with Construction :

a)

The Authority may undertake inspection of construction

for compliance to sanctioned design and specifications. In

the case that the Authority decides to inspect site of

construction, it shall communicate the date and time of

inspection to the owner of the building within 5 working

days of receipt of Notice of Progress of Construction.

b)

In case BPIA does not communicate decision to inspect

construction site within 5 working days of receipt of

Notice of Permit to Proceed with Construction shall be

deemed to have been granted by the Authority unless

otherwise communicated, and construction may be

undertaken on the site for building.

c)

If the Authority undertakes inspection and is satisfied that

the construction of the building complies with the

sanctioned design and specifications, it shall grant a

Permit to Proceed with Construction and further

construction may be undertaken on the building.

d)

If the construction is found not to comply with sanctioned

design and specifications, it shall communicate queries

regarding the construction and/or directions to ensure

compliance to the owner within 5 working days of the date

of inspection. The owner shall be responsible for ensuring

compliance to such directions as may be issued. Failure to

comply with directions, as may be issued by the Authority

may result in revocation of the Building Permit.

e)

In case BPIA does not communicate queries regarding the

construction and/or directions to ensure compliance within

7 working days of the date of inspection, Permit to

Proceed with Construction shall be deemed to have been

granted and the construction may be undertaken on the

building.

f)

The owner shall respond to queries and notify the

Authority of having undertaken compliant modifications.

If the Authority is satisfied that the construction of the

building complies with the sanctioned design and

specifications, it shall grant a Permit to Proceed with

Construction and further construction may be undertaken

on the building.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

59

4.1.12 Offences and Penalties :

Penalties for not complying with Building Bye-laws/Regulations

shall be stipulated by the BPIA. Failure to notify the BPIA

before commencing construction may result in levy of penalty,

which shall be decided by the BPIA.

The BPIA may also levy the penalties on defaulting officials for

deviating from prescribed timelines for clearance from the

agencies. The penalties for the delay will be notified separately.

CHAPTER 5

DEVELOPMENT CONTROL/ZONING REGULATIONS

5.1

Land-Use Zoning :

5.1.1

Land Use and Uses Permitted :

The proposed land use Plan in the respective Master Plans/Zonal

Development Plans should be referred for the land use of a given

land parcel.

All the towns should have a master plan and in case of towns not

having even the draft master plans, towns should have a coarse

land use plan which will be called a structure plan. The structure

plan will also delineate the core area of all towns/

municipalities/area of council.

5.1.2

Proposed Zoning :

Table No. 5—1 Proposed Zoning

Sr.

No.

Code

Description of Uses in the reference code

1

2

3

Residential (R)

1.

R1

Detached Dwelling units, Semi-Detached Dwelling

units, RoW Houses, Common Places (such as

community Parks), Convenience Shop (Single shop),

Meditation/ Yoga Centre.

2.

R2

Low Rise Apartments, Farm House, Cottage industries

(not involving the use of or installation of any kind and

which create noise, vibration, fume, dust etc. and shall

60

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

1

2

3

not be permitted in tenement dwellings, flats, playfield,

garden), Gyms, Orphanages, Old-age Home, Paying

Guest House, Part Portion of Residential Building for

Office use by Professionals such as Advocates, Doctors,

Architects, Engineers, CA, Hostel, Dharmshala, Single

Room Occupancy, Pre-School, Boarding and Lodging

(accommodation for transit employees of Govt./Local

bodies), Medical and Pet clinics, Dispensary, plant

nursery, Library, Common Places (such as community

Parks), Convenience Shop (Single shop), Religious

structures, Atta Chakki.

3.

R3

Group Housing, Flats/High Rise Apartments, Affordable

Housing,

Cottage

Industries,

Plotted

Residential

Development, Residential flat, Common Places (such as

community Parks), Multi-level Parking.

Commercial (C) :

4.

C1

Retail Shops (such as Bakery/Confectionary items,

Grocery/General store, Dairy products, stationary,

books, Gifts/Book binding, Cyber cafe/Phone booth,

LPG

booking

office/LPG

showroom

excluding

cylinders, Laundry/Dry cleaning/Ironing shops, Sweet

shops, Pan shops, Tea/Coffee shops, Chemist/Medicine

shops, Optical shops, Home Appliances/Electronic

repair shops, Photo studio, Cable/DTH office, Cycle

Repairs shops, Ration and kerosene distribution shops,

Vegetables/Fruits/Flowers/Mutton shops/Poultry stalls,

Photocopy/FAX/STD PCO, Computer Service centres,

Hair

cutting

saloons/Beauty

Parlour,

Tailor

shop/Boutique, Newspaper shops, Ticket Booking shops,

ATM, Eateries shops excluding sitting provisions,

Audio-video libraries, Mobile phone shops, courier),

Retail Clusters/Shopping clusters, Common Places (such

as community Parks), clinic, Pet Clinic, Vet Clinic,

offices of professionals (like advocates, doctors,

architects, engineers, chartered accountant, town planner

etc.), power looms up to 2HP.

5.

C2

Pathology Laboratory, Scanning Centres, Kerosene

Depots, Hotels, Restaurants, Corporate offices, Call

centres, Training centres, Recreational clubs, Social

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

61

1

2

3

clubs, Medical and Pet Clinics, Fitness centres, Nursing

home, Maternity home, LPG Retail outlet, Information

Technology

activity

centres,

Hardware

shops,

Departmental stores, Guest House, Professional offices,

Taxi stand/three-wheeler stand, Conference Hall,

Commercial complex, Yoga Centre, Education Coaching

centre, Banks.

6.

C3

Shopping Mall, Convention centres, Public Community

hall, Museum, Entertainment and Amusement centres,

Hospitals, Development activity centres related to

Information Technology, Exhibition centres, Godowns,

Financial institutions, Restaurants, Hotels (All types

excluding hotels *rated 4 and 5), Motels, Sports

complex, Swimming pools, Agro-based mandis, Fruits

mandis, Vegetable mandis, Junk yards, Cold storage,

Goods markets, Petrol Pumps, Workshops, Garages,

Auto service stations, Charging stations for Electrical

Vehicles, CNG Filling stations, Theatre, Pollution free

Small and Medium Scale Industry including MSME,

Conference

Hall,

Multi-level

Parking,

Education

Coaching centre, Commercial and Corporate offices,

Banks, power looms up to 10 HP, Junk Yards (on

internal roads only), Agro Mandis.

7.

C4

Hotels with *4 and 5 Ratings, Banquet halls,

Commercial Complexes, Wholesale market, Timber

mart, Cinema and Multiplexes, Godowns.

8.

C5

Auditorium, Planetarium, Stadium, Warehouses, Weigh

Bridge, Heavy goods markets.

Public, Semi-public/Institutional (PSP) :

9.

PSP1 Play-Way Schools, Creches, Preschools, Primary

schools, PHC, clinic, Dispensary, Sub-offices of Govt.

utilities, Police Post, Common Places (such as

community Parks, Gardens), Banks.

10.

PSP2 Middle Schools, High Schools, Higher Secondary

schools, Integrated Residential schools, School for

Mentally/Physically Challenged, Police stations, Post

62

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

1

2

3

offices,

Hostels,

Spastic

Rehabilitation

Centres,

Orphanages, Govt. Dispensaries, Nursing Homes,

Hospital up to 20 Bed, Public Library, Community hall,

Public distribution system shops, Bill collection Centres,

Traffic and Transport related offices, Exclusive places of

worship, Social and welfare centres, Local Municipal

facilities, Art Galleries, Museum, Police Station, Fire

Sub-Station, Zonal Level Govt. Utilities, Common

Places (such as community Parks, Gardens).

11.

PSP3 Colleges, Civil Hospital, Hospital more than 20 Bed,

Hospital for infectious diseases, Mental Hospital, Parks

and playgrounds Maidans and Stadiums, Dharmshalas,

Hostels, Dhobi Ghat, Place of worship along with

ancillary uses, Higher Educational Institutions, Colleges,

Fire stations, Govt. Buildings, Auditoriums, Cultural

complexes, Fire stations, Broadcasting and Transmission

stations. Jails, Police headquarters, Police lines, Solid

waste

dumping grounds/sites, Bus and Railway

passenger terminals, Monuments, Exhibition centres,

open air theatre, Recreational clubs, Court, Universities,

Polytechnic, Specialized educational institute, All Govt.

Uses, Common Places (such as community Parks,

Gardens),

Multi-level

Parking,

Office

without

Commercial Activity.

12.

PSP4 Medical College and Research centre, Universities and

Deemed Universities.

Mix Land Use (M) :

13.

M

All activities in the mixed used zone as given in the

table 5-2.

Recreational Use (RC) :

14.

RC

Public Parks, Gardens, Botanical Gardens, Sports

Related Activities, Open Spaces, Water Sports, Golf

Course, Amusement Park, Recreational Club.

Agricultural/Urban Agriculture Use (Ag) :

15.

Ag

Agriculture, Horticulture, Dairy, Poultry Farm, Plant

Nurseries, Agro-based Industries excluding hazardous

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

63

1

2

3

chemicals, cottage industries, dwelling of the people

engaged in farm (rural settlement), Farm house, Solar

Project, Windmill, public utilities, flour mills.

The following uses shall be allowed in favour of

bona fide residents of the village with last 20 years

ownership of land:—

Residential house, convenient shops, work centre,

Atta Chakki, clinics/dispensary, school, repair shop,

cold storage and rice shellar. This is subject to

production of documentary proof.

Transportation and Communication (TC) :

16.

TC

This land use is meant for roads, bus stands, bus

terminal, Parking, Multi-Level Parking, railway station,

railway line and airport, Communication establishments,

Integrated Freight. Complex (Wholesale shops and

subsidiary storage capacity, Parking facilities, Godowns,

cold storage, Service/repair facilities, Rest/recreation for

drivers, Weighing Bridges, Office space, Facilities like

banking, postal truckers, etc. required for business

transactions, Amenities for wholesales, truckers and

their employees, Areas for shops, eating houses and

other service, establishment, Provision of lighting, water

supply and garbage, sewerage disposal), Hostel, Guest

House, Boarding House and Lodging House, Filling-

cum-Service Station, Filling Station, Compressed

Natural Gas (CNG) Dairy Station, Petrol Pumps and

Service Stations, workshops and garages for LMV and

HMV, Warehouse, storage depots, truck terminals.

Industries Use (ID)—Minimum RoW of the road shall be 12 m or

as per prescribed guidelines of Industries and Commerce

Department :

17.

ID1

All type of Light, Service Industries, Small Factories,

Warehouses, Newspaper Printing Press, Concrete

Batching Plant, stone cutting and polishing, Poultry

Farm, Dairy, Assembly Plant, Filling station.

64

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

1

2

3

18.

ID2

All Industries except Hazardous Industries, Junk Yard,

Textile Units, Ice Factory, Quarrying of Stone,

Quarrying of Gravel, Quarrying of Clay, Dumping of

Solid Waste, Non-obnoxious and Non-Hazardous

Industry.

19.

ID3

Slaughter House, Meat Processing Units, Leather

Processing Units, Cold Storage, flour mills.

20.

ID4

Fuel Storage, Storage of inflammable materials, Thermal

Power Plant, Power Plant, Gas Plant, Storage of

Hazardous Materials, Hazardous Industries, Chemical

Industries, Obnoxious and Hazardous Uses, Dying

House.

Conservation Use (CG) :

21.

CG

It is an environmentally conserved land use where no

building

construction

is

permitted

like

Forest,

Vegetation, Dense Plantation, Rivers, Water Bodies and

green buffer.

5.1.3

Permissible and Non-Permissible Uses as per Use-Zones as

per the Existing Road Width :

Table No. 5—2 Permissible and Non-permissible Uses as per-

Zone

P—Permissible, NP—Not permissible, CA—Uses Permissible

on approval by BPIA Authority.

(Only following list of Activities are Permissible and Non-

Permissible for the local/notified Area) :—

S.

No.

Activi-

ties

ROW

(m)

B/L (m)

Use-Zones

F.S.B.

(m)

R

Zone

M

Zone

C

Zone

RC

Zone

T

Zone

PSP

Zone

1

2

3

4

5

6

1.

R1 (i)

3.0

3.0

P

P

P

NP

P

P

1.5

2.

R1 (ii)

4.5

4.0

P

P

P

NP

P

P

1.8

3.

R1 (iii)

6.0

5.5

P

P

P

NP

P

P

2.5

4.

R2

9.0

8.0

P

P

P

NP

P

P

3.5

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

65

1

2

3

4

5

6

5.

R3

12.0

11

P

P

P

NP

NP

NP

5.0

6.

C1

9.0

8

P

P

P

NP

P

P

3.5

7.

C2

12.0

11

P

P

P

NP

P

NP

5.0

8.

C3

15.0

13.5

NP

P

P

NP

NP

NP

6.0

9.

C4

18.0

16

NP

P

P

NP

NP

NP

7.0

10.

C5

24.0

19.0

NP

NP

P

NP

NP

NP

7.0

11.

PSP1

9.0

8

P

P

P

NP

P

P

7.0

12.

PSP2

12.0

11

P

P

P

NP

P

P

7.0

13.

PSP3

15.0

18.5

P

P

P

NP

P

P

7.0

14.

PSP4

24.0

21.5

NP

NP

NP

NP

NP

P

7.0

15.

RC

All

As

applicable

road

category

P

P

P

P

P

P

As

applicable

road

category

16.

30.0

22.0

The

activities

will

be

permissible

as

above

and

guided by minimum road width

requirement.

7.0

17.

36.0

25.0

7.0

18.

50.0

32.0

7.0

19.

60.0

37.0

7.0

Note:—Whichever is more shall be applicable w.r.t. Building

lines/ROWs.

P

Permitted

NP

Not Permitted

B/L

Building line (From centre of

abutting road)

FSB

Front Set Back

RoW

Right of Way

Retail Shops:

• In R zone, Commercial and professional and other office activities

shall be permissible with maximum coverage up to 1/3rd of

permitted FAR.

66

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

• The below mentioned shall be categorized as Retail Shops :—

Bakery/Confectioneries items, Grocery/General Store, Daily

Products, Stationary/Books/Gifts/Book binding, Cyber Café/Phone

booth, L.P.G. booking office/L.P.G. showroom excluding cylinder,

Pan shop, Laundry/Dry cleaning/Ironing shop, Sweet Shop/Tea

Shop excluding seating provisions, Chemists/Medicine shop,

Optical shop, Home Appliances/Electronic Repair shop, Photo

Studio, Cable/DTH office, Cycle Repair shop, Under Public

Distribution System shops for Ration and Kerosine Distribution

Shops, Vegetables/Fruits/Flower shops, Photocopy/Fax/STD-PCO,

Haircutting/Beauty Parlour, Tailor shop/Boutique.

Notes:—

I.

No development shall be permitted in area designated for water

body, pond and Talav excluding River-front Development.

Setbacks to be maintained from a designated water body shall be

as per Regulation for Conservation Zone (CG) of these

regulations.

II.

The land designated for public purposes, the uses shall be

permissible as per the requirements of concerned department.

III.

For all Zones,—

Ø If the line of a zone divides a building unit, the maximum

permissible F.A.R. available on either part of such building

unit shall be as per the respective Zones.

Ø Such a building unit may be developed separately as per the

regulations of the respective zones or as a contiguous

development utilizing the combined maximum permissible

F.A.R. in the part of the building unit which lies in the zone

with higher F.A.R.

IV.

Public Utilities and Facilities shall be permitted in any Zone.

V.

In the local areas where the mixed land use zones are not defined

in the land use plan of the master plan, the concerned Authority

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

67

shall unequivocally notify the roads for mixed land use along with

the extant vis-à-vis the mixed land use zone in the table 5-2.

VI.

For buildings above 21 m height shall have front setback of 1/3rd

of the height of building or building line of the road whichever is

more.

5.1.4

Circumstances under which Existing Non-Conforming Uses

will be allowed to continue :

Existing non-conforming uses may continue in the following

circumstances:—

a)

Any lawful use of land or building premises existing before

coming into force of these Regulations may be allowed to

continue, if it does not conform to the use provisions of these

Regulations provided that such non-conforming use is not

extended or enlarged.

b)

In case a building accommodating any non-conforming use,

collapses or is pulled down or is dismantled, any new

building on such site shall conform to these Regulations and

to the land use regulations prescribed in these Regulations.

c)

In case of alteration work in a building, the permission shall

be given only after giving setbacks and building line for

proposed roads as per these Regulations.

5.1.5

Development on Kabrastan, burial ground etc. :

The land occupied by the graveyards, Kabrastan, burial grounds,

crematoria and allied actions in the local area shall be kept

permanently open. BPIA may permit structures to be built for

specific purpose as ancillary use.

5.2

Development Control Regulations :

5.2.1

Minimum Space/Plot Area requirements, Maximum Ground

Coverage, Setbacks/Setbacks, Permissible Floor Area Ratio

(FAR) and Maximum Height.

68

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

5.2.1.1

The regulations for Residential Use in terms of Plot Area,

Ground Coverage, FAR and Setbacks shall be as given

below:—

Table No. 5—3

A. Minimum Setbacks/Setbacks, Maximum Ground Coverage and

No. of Storeys as per Plot Area Range for R1, R2 categories of

Residential Use.

S.

No.

Area

(In Sq. m)

Max.

Ground

Coverage

No. of

Storeys

Type of

Const.

Set Back Limits

(Minimum) in metres

Front

Rear Side

Side

1.

Up to 75

75%

G+2

RoW

Shall be as per table No. 5—2

0

0

0

2.

Above

75—125

75%

G+2

RoW

1.5

0

0

3.

Above

125—275

65%

G+2

RoW

2.0

0

0

4.

Above

275—350

55%

G+2

Semi-

detached

2.0

2.0

0

5.

Above

350—450

50%

G+2

Semi-

detached

2.0

2.0

0

6.

Above

450—600

45%

G+2

Detached

3.0

3.0

2.0

7.

Above

600—1000

40%

G+2

Detached

3.0

3.0

2.0

8.

Above

1000

35%

G+2

Detached

3.0

3.0

2.0

Note:—

I. No side setbacks shall be required in plots or irregular

proportions/dimensions up to the width of 10M, minimum rear

setback of 1M shall be permitted in cases where depth of such

irregular plots is up to 12M. However, there shall be no change

in permissible ground coverage, No. of storeys and height of the

building as given in the table above.

II. The maximum height of a residential house shall not be more

than 12m. Height of each storey in a residential house shall not

be less than 3M, staircase mumty height up to 2.5m shall be in

addition to G+2 storeys permissible.

III. Total habitable floor area shall not be in any case more than

three times the allowable ground coverage.

IV. To cater to this parking requirement in individual plotted

residential houses, stilt floor shall be allowed within the building

envelope and shall be exclusively used for parking for roads 6 m

and above.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

69

V. Any area within building envelope provided for parking on

ground shall not be counted in covered floor area and the same

area shall be allowed for habitable purpose on 3rd floor.

VI. In case stilt parking is provided within building envelope in

combination with ground floor, the area under parking shall be

allowed for habitation on 3rd floor. Height of stilt floor in this

case shall not be more than 3m.

VII. Basements shall not be allowed in row housing, but single

basement shall be allowed in detached and semi-detached

housing subject to fulfilment of basement norms as per National

Building Code.

VIII. Basements in individual plotted housing shall be counted

towards FAR and ground coverage.

IX. Single basement shall be allowed within the building envelope

ensuring structural safety with maximum height of 3.0 m from

finished floor to soffit of beam.

X. Porches up to an area of 17 Sqm shall be allowed in side

setbacks only and no construction over such porches shall be

allowed.

XI. Areas under porch shall be calculated @ 50% for coverage.

XII. Stilt floor shall be allowed on roads not less than 6.0 m Width.

B. Regulations for R3—Group Housing (Flatted Development)

S.No.

Plot Area

(Sq. m)

Max. Ground

Coverage

Max. FAR and

Dwelling Units

per ha

Max. Height (m)

Min. Setbacks

Rear & Both sides

(Each Side)

Tower to Tower

Distance

1. 4000—

8000

30%

175

Height to

be

regulated

by Fire and

Emergency

Equipment

available.

1/3rd of height

of building or

7.5m or building

line of the

abutting road

whichever is

more.

Minimum 6M

all around up to

40 m height and

minimum 9m

allround above

40m height.

2.

Above

8000

30%

225

1/3rd of height.

of building or

7.5

m

or

building line of

the

abutting

road whichever

is more.

Minimum

6M

all around up to

40 m height and

minimum 9 m

all round above

40m height.

70

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

Note:—

I. The Group Housing Scheme shall be subject to Reservation

Policy for EWS/LIG Housing for Urban Poor as per J&K

Housing, Affordable Housing, Slum Redevelopment and

Rehabilitation and Township Policy, 2020.

II. F. A. R./Density required for EWS shall not be counted in

overall FAR of the Group Housing Scheme and shall be

subject to the fulfilment of parking norms for EWS as well if

provided within the Group Housing Scheme. Allotment under

EWS scheme shall be made strictly as per the J&K Housing,

Affordable Housing, Slum Redevelopment and Rehabilitation

and Township Policy, 2020.

III. Bye-laws for affordable housing shall be as per J&K Housing,

Affordable Housing, Slum Redevelopment and Rehabilitation

and Township Policy, 2020.

IV. Maximum Commercial/Public, Semi-public use in Group

Housing/Flatted Development shall be 10% of the total

site/scheme area.

V. Security room may be allowed at the entrance gate up to a

maximum built up area of 30 Sqm (up to 3.5m height) after

maintaining the RoW of road and shall be counted as FAR.

VI. Minimum floor height from finished floor for any habitable

space shall be 2.75m.

VII. Built up area (Unit Area) of apartment for calculation of ECS

shall be excluding common service areas. Any service area

within apartment shall be counted in built up area. Balconies

and Verandas shall be counted @ 50% in FAR.

VIII. If there are any bends or curves on the approach road within

the plot, a sufficient width shall be provided at the curve to

enable the fire tenders to turn, the turning circle being at least

of 9.0 m radius. Where entry to the plot is through a slip road

the gate width shall not be less than 9.0 m for entry of the fire-

fighting appliances.

IX. The internal access to the building within the plot and open

spaces on its all sides shall not be less than 6 m width and the

layout for the same shall be done in consultation with Chief

Fire Officer, Fire Service and the same shall be reinforced to

ensure safety of the fire equipment and capable of taking the

weight of Fire Engine, weighing up to 45 tons. The said open

space shall be kept free of obstructions and shall be

motorable.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

71

X. Main entrances to the premises shall be of 9.0 m width to

allow easy access to the fire engine and in no case, it shall

measure less than 6 m. The entrance gate shall fold back

against the compound wall of the premises, thus leaving the

exterior access way within the plot free for movement of fire

service vehicles. If archway is provided over the main

entrance the height of the archway shall not be at a height less

than 5m.

XI. The catalogue for sale of apartments shall be similar to the

basic plan approved by the Authority.

XII. No deviation in the plan shall be allowed once the apartments

are sold in part or whole.

XIII. No common areas like corridors, stairs, lifts, lobbies shall be

allowed to be sold to a particular person or a group of persons

after the apartments are sold in part or whole.

XIV. No apartment holder shall be allowed to have extra rights on

common spaces.

XV. Common spaces shall include all green spaces, children’s

parks, play grounds, sports facilities, areas which are of

common use of the apartment owners forming part of the

sanctioned plan under bye-laws of the Authority.

XVI. Any additional space not counted in the permissible floor

space shall also be treated as common areas.

XVII. Designated parking spaces shall be allotted to apartment

holders.

XVIII. Height Exemptions:

a. Roof tanks and their supports not exceeding 1.0 m. in

height.

b. Ventilating, air conditioning and lift rooms and similar

service equipment.

c. Stair covered with mumty not exceeding 3.00 m. in

height.

d. Chimneys and parapet wall and architectural features not

exceeding 1.50 m. in height unless the aggregate area of

such structures exceeds 1/3rd of the roof area of the

building on which they are erected. All such appurtenant

structures shall be camouflaged to achieve streamlined

aesthetics.

72

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

C. Regulations for Housing Colonies (plotted)

a)

A group or a group of persons or a co-operative society or firm

intending to plot out an estate into more than 4 plots shall give

notice in writing to the BPIA which will be accompanied by a

layout plan of entire land showing the areas allotted for roads,

open spaces, plot and public buildings, the specification of the

roads, drains and other infrastructures.

b) Roads, drains, water mains and electric lines required for the

colony shall be constructed by the developer at his own cost and

no plot shall be eligible for any services and utilities by the govt.

and/or Municipal Corporation unless the colony is developed

properly and approved by the BPIA, and no building plan shall

be considered by the municipality or prescribed authority in any

plot of such a colony which has not received the prior approval

of the BPIA. Developer in this case will mean the person,

co-operative or the firm intending to plot out the land into more

than 4 plots.

c) Land use of the layout plan approved by the BPIA shall not be

changed unless with the prior consent of the BPIA.

d) Open spaces allocated for parks, playfields, utility sites/buildings

in a colony shall be deemed to have been sold along with the

plots as amenity of the colony by the developer to the plot

holders of the colony. The development of such open spaces

shall be the responsibility of the developer.

e) No permission shall be accorded for construction of a building in

any notified area which shall cause nuisance by way of odour,

smoke, noise or disturbance to inhabitants of the locality or be

injurious to health of the residents of the buildings or to the

inhabitants in the surrounding areas.

f) Norms for Colonies up to 1.0 Hectare:

Land Distribution

1.

Min. Approach Road

9.0 m.

2.

Internal Roads

Width of Means of Access

(m)

Length of Means of

Access (m) Max

6.0

75

7.5

150

3.

Area under Roads

Min. 12%

4.

Area under Green

Min. 10%

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

73

5.

Residential Area

Max. 70%

6.

Commercial/PSP Area

Max. 5%

g) Norms for Colonies above 1 Hectare up to 4 Hectare:

Land Distribution

7.

Min. Approach Road

12.0 m.

8.

Internal Roads

Width of Means of Access

(m)

Length of Means of

Access (m) Max.

6.0

75

7.5

150

9.0

250

9.

Area under Roads

Min. 12%

10. Area under Green

Min. 10%

11. Residential Area

Max. 70%

12. Commercial/PSP Area

Max. 10%

5.2.1.2

The regulations for Commercial and Public, Semi-Public

building use in terms of Space/Plot area, Ground Coverage,

FAR, Height and Setbacks/setbacks shall be as under :—

Table No. 5—4

•

Maximum Building Height and Minimum Setbacks

Note:—WEIM = Whichever is more, NA = Not Allowed/Applicable, B. L= Building Line

Commercial

S.

No.

Building

Use

Plot Area

(Sq. m)

Ground Coverage

(%)

FAR

Max.

Height.

(m)

Min. Setbacks (m)

Front

Rear

Side

Side

1

2

3

4

5

6

7

8

9

10

1.

Single

Shop

Up to

100

70

210

12

(G+2)

Shall be as

per Table

No. 5—2

N

N

N

Note:—Shopping permissible on G+1 only. Basement shall not be allowed.

2. Shopping

Cluster

Above

100—

300

60

180

14

Shall be as

per Table

No. 5—2

3.0

3.0

N

Note:—Shopping permissible on G+1 only. Basement shall not be allowed.

74

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

1

2

3

4

5

6

7

8

9

10

Above

300—

750

50

180

14

Shall be as

per Table

No. 5—2

3.0

3.0

N

Note:—Single Basement within the building envelope shall be allowed as specified

in the basement norms. Stilt floors within the building envelope shall be allowed

for parking only.

3. Commer-

cial

Complex

Above

750—

2000

45

180

20

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

3.0

3.0

Note:—Single Basement within the building envelope shall be allowed as specified

in the basement norms. Stilt floors within the building envelope shall be allowed

for parking only.

Above

2000—

4000

40

180

25

Shall be as

per Table

No. 5—2

6.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

6.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

6.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

Note:—Double basements if used for parking shall be allowed as specified in the

basement norms. Stilt floors within the building envelope shall be allowed.

Above

4000

35

180

Height to

be regul-

ated by

Fire and

Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

6.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

6.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

6.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

Note:—Three basements if used for parking shall be allowed as specified in the

basement norms. Stilt floors within the building envelope shall be allowed.

4. Cinemas/

Cineplex

Min.

4000

50

150

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

1/3rd of

Building

Ht.

1/3rd of

Building

Ht.

1/3rd of

Building

Ht.

Note:—Three basements if used for parking shall be allowed as specified in the

basement norms. Stilt floors within the building envelope shall be allowed.

Canteen/food court up to15% of FAR shall be allowed.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

75

1

2

3

4

5

6

7

8

9

10

5. Hotel

1000-

2500

40

180

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

1/3rd of

height of

building

or 6 m

(W.E.I.M)

1/3rd of

height of

building

or 6 m

(W.E.I.M)

1/3rd of

height of

building

or 6 m

(W.E.I.M)

Note:—5% of permissible FAR for party hall and 3% permissible FAR for

Conference hall shall be allowed.

For Conference halls/party halls/bars/restaurants etc. (Excluding entrance hotel

lobby/atrium) min parking @ 1.5 ECS for 10 Sqm shall be provided.

Double basements if used for parking shall be allowed as specified in the basement

norms. Stilt floors within the building envelope shall be allowed.

Above

2500

30

200

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

1/3rd of

height of

building

or 6M

(W.E.I.M)

1/3rd of

height of

building

or 6M

(W.E.I.M)

1/3rd of

height of

building

or 6M

(W.E.I.M)

Note:—5% of permissible FAR for party hall and 3% permissible FAR for

Conference hall shall be allowed. For plots more than 12K facilities like banquet

hall shall be allowed with parking provision as per banquet norms.

For Conference halls/party halls/bars/restaurants etc. (Excluding entrance hotel

lobby/atrium) min parking @ 1.5 ECS for 10 Sqm shall be provided.

Three basements if used for parking shall be allowed as specified in the basement

norms. Stilt floors within the building envelope shall be allowed.

6. Mall-

cum-

Multiplex

Min.

5000

40

200

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

1/3rd of

height of

building

or 3M

(W.E.I.M)

1/3rd of

height of

building

or 3M

(W.E.I.M)

1/3rd of

height of

building

or 3M

(W.E.I.M)

Note:—For halls/party halls min parking @ 1.5 ECS for 10 Sqm shall be provided.

Three level basements if used for parking shall be allowed as specified in the

basement norms. Stilt floors within the building envelope shall be allowed.

76

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

1

2

3

4

5

6

7

8

9

10

7. Janjghar/

Comm-

unity

Center/

Banquet

Hall

Min.

6000

30

60

12

Shall be as

per Table

No. 5—2

1/3rd of

height of

building

or 6M

(W.E.I.M)

1/3rd of

height of

building

or 6M

(W.E.I.M)

1/3rd of

height of

building

or 6M

(W.E.I.M)

Note:—Double basements shall be allowed. Basements should be allowed for

parking only. In case of sloping roof, no activity shall be allowed in the attic space.

Security room may be allowed at the entrance gate up to a maximum built up area

of 15 Sqm (up to 3.5M height) after maintaining the RoW of road and shall be

included in FAR. Parking shall not be allowed in proposed RoW of roads.

Bore-wells and power-driven water pumps shall not be allowed in construction sites

or in any building without license and proper permission from the competent

authorities.

8. Ware-

housing,

Storage

Vegetable

s & Fruit

Mandis

Min.

25000

25

100

15

Shall be as

per Table

No. 5—2

9.0

9.0

9.0

9. Multi-

Level

Parking

Min.

2000

66

-

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

Note:—Minimum number of car parking space shall be 50. Terrace/Roof Top

Parking shall be allowed with proper protection to the satisfaction of concerned

Authority.

In order to compensate the cost of Multi-Level Parking, a maximum 25% of Gross

Permissible Floor Area may be utilized as Commercial/Office space.

Maximum FAR proposed for commercial spaces shall be 100 (excluding parking

areas). In addition to requisite parking space required for commercial developed

within the Multi-Level Parking complex (@ 3 ECS/100 Sq. m). Three times

additional space for parking components shall be provided.

Three basements shall be allowed for parking as specified in the basement norms.

Maximum height shall be restricted to permissible height of the land use in which

the plot falls.

Shops/Offices/Commercial spaces shall be allowed on ground and first floor, only

for rehabilitation of project affected persons in Government comprehensive

schemes.

In case of Government comprehensive schemes, development controls including

height shall be as per approved scheme.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

77

1

2

3

4

5

6

7

8

9

10

INDUSTRIAL USE

10. Flatted

Group

Industry

and

Service

Centre

Min. 2000

30

120

20

Shall be as

per Table

No. 5—2

1/3rd of

height of

building

or 6M

(W.E.I.M)

1/3rd of

height of

building

or 6M

(W.E.I.M)

1/3rd of

height of

building

or 6M

(W.E.I.M)

Note:—Basement up to the building envelop line to the maximum extent of 50%

plot area shall be allowed and if used for parking and services should not be

counted in FAR.

11. Light and

Service

Industry

100 up to

500

60

120

12

Shall be as

per Table

No. 5—2

3.0

3.0

N

500 up to

4000

55

125

12

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

4000 up to

12000

50

115

12

Shall be as

per Table

No. 5—2

6.0

6.0

6.0

Above

12000

45

100

12

Shall be as

per Table

No. 5—2

6.0

6.0

6.0

Note:—Maximum floors allowed shall be basement, ground floor and 1st floors;

basement should be below ground floor and to the maximum extent of ground

coverage shall be counted in FAR. In case the basement is not constructed, the

permissible FAR can be achieved on the second floor. In case of truss, height of

building should be adjusted/relaxed.

12. Extensive

Industry

400 up to

4000

50

100

9

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

4000 up to

12000

45

90

9

Shall be as

per Table

No. 5—2

6.0

6.0

6.0

12000 up to

28000

40

80

9

Shall be as

per Table

No. 5—2

7.0

7.0

7.0

Above

28000

30

60

9

Shall be as

per Table

No. 5—2

8.0

8.0

8.0

Note:—Single Storey building with basement is allowed. Basement shall be below

the ground level and the maximum extent of the ground coverage and shall not be

counted in FAR. In case of truss, height. of building should be adjusted/relaxed.

78

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

1

2

3

4

5

6

7

8

9

10

Height relaxation can be considered by the content Authority for specialized

industries requiring more height.

PUBLIC AND SEMI-PUBLIC/INSTITUTIONAL USE

13. Offices:

General/

Govern-

ment

Office/

Inte-

grated

Office

Complex

-

30

210

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

Note:—The integrated office complex shall include Central Government Office,

Local Government Office, Public Undertaking Offices and Courts.

Maximum up to three basements within the building envelope. Stilt floors within

the building envelope shall be allowed. Minimum plot area for offices shall be 500

Sqm. These norms shall not apply on basic/important infrastructure/utilities to be

created by Government and shall be as per the Government policies.

Educational

14. Pre-

Nursery/

Creches

As per Residential use Norms.

Note:—Pre-Primary Schools/Nursery Schools/Montessori Schools/Creche, Play

Schools, may be permissible in residential use.

15. Nursery

School

Min. 750 33.33

100

Ht. as per

land use

but not

exceeding

15m

Shall be as

per Table

No. 5—2

3.0 or

B.L.

(W.E.I.M)

3.0 or B.L.

(W.E.I.M)

3.0 or B.L.

(W.E.I.M)

Note:—Stilt floors within the building envelope shall be allowed. Basements shall

not be allowed.

16. Primary

School

Min. 2000

33

120

15

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

17. Middle

School

Min. 4000

33

115

15

Shall be as

per Table

no. 5—2

3.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

79

1

2

3

4

5

6

7

8

9

10

18. High/

Higher

Secon-

dary

School

Min. 7500

35

140

18

Shall be as

per Table

No. 5—2

4.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

4.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

4.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

19. College

Min. 30000

25

100

18

Shall be as

per Table

No. 5—2

5.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

5.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

5.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

20. Educat-

ional and

Research

Centre/

Univer-

sities

Min. 80000

Academic including Administration (45% of the total land area).

-

30

120

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

10.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

10.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

10.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

Residential (25% of the total land area.

-

Regulations of Group Housing shall be followed subject to provision of

density of 400 PPHa gross and land shall be reserved for residential

facilities @ 9.2 Sq. m. per person.

Sports and Cultural Activities (15% of the total land area).

-

10

15

-

Shall be as

per Table

No. 5—2

10.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

10.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

10.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

Parks and Landscape Areas (15% of the total land area).

-

Suitable landscape plan to be prepared for this area.

Note:—Stilt floors within the building envelope shall be allowed. Double basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

80

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

1

2

3

4

5

6

7

8

9

10

Health

21. Hospital

Min. 6000

40

250

when

RoW

less

than

25m

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

300

when

RoW

more

than

25m

Note:—Maximum 10% ground coverage shall be allowed for providing atrium and

shall be free from FAR. In case, additional ground coverage for atrium is utilized

25% of the utilized ground coverage shall be counted toward FAR. Common areas

such as waiting halls, reception and fire stair cases shall be allowed free from FAR.

Service floor of height 1.8m shall not be counted in FAR. The setbacks/regulations

are subject to fire safety norms.

Multi-Level Parking shall be permissible to the extent of building envelope lines,

free from FAR and ground coverage to facilitate ample parking in spaces, subject to

structural safety.

22. Health

Centre/

Nursing

Home

Min. 1000

30

100

26

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

Notes:—Multi-level basements within the building envelope shall be allowed as

specified in the basement norms. Basements/stilt floors if used for parking shall not

be counted in FAR. Max.

Plot area for all Hospital/Tertiary Health Care Centre would be worked out @ 80

sq.m. of gross floor area per bed. However, for other health facilities like

Maternity/Nursing homes, Family Welfare and other centres, the plot area would be

worked out @ 60 sq.m. of gross floor area per bed.

Maximum up to 300 sq. m. of floor area shall be allowed to be used for community

space/religious shrine/crèche/chemist shop/bank counter on Hospital sites and also

Medical College/Nursing and Paramedic institutes sites.

Other Controls :

In case of super specialty medical facilities/hospitals duly certified as such by the

BPIA, the gross area shall be worked out @ up to 125 sq. m. per bed.

In case of existing premises/sites, the enhanced FAR shall be permitted, subject to

payment of charges as may be prescribed by the Authority/land owning agency and

other clearances.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

81

1

2

3

4

5

6

7

8

9

10

Basement after utilization for Parking; Services Requirements such as air

conditioning plant and equipment, water storage, boiler, electric sub-station, HT. &

LT panel rooms, transformer compartment, control room, pump house, generator

room; staff locker room, staff changing room, staff dining facilities without kitchen

facility, Central sterile supply dept., back end office; Other Mechanical Services;

Installation of Electrical and fire-fighting equipment’s; and other services like

kitchen, laundry and radiology lab and other essential services required for the

maintenance/functioning of the building may be used for healthcare facilities with

prior approval of the concerned agencies.

Other controls related to basements etc. are given in end of this chapter.

The bed count of a Health Facility may be allowed as per permissible FAR.

Environment clearances shall be made mandatory considering that bio-wastes are

generated. Environment clearances are mandatory as per the prevailing regulations

related to the environment.

Zero discharge for sewerage shall be enforced at the cost of the promoters and post

treatment water can be used by premises for its needs of horticulture, flushing,

coolant tower, washing or disposal to other construction sites. These issues

concerned the local bodies and can be dealt accordingly as per existing regulations

as the time of sanctioning the plan.

The additional power requirements shall be met by power supply from grid and till

such time by means of suitable captive generation.

23. Radio

Diagno-

stic

Centre/

Microbio-

logical/

Patho-

logical

Laborat-

ories

Min. 500

30

100 15 without

stilt

18 with

stilt

Shall be as

per Table

No. 5—2

3.0 or

B.L.

(W.E.I.M)

3.0 or B.L.

(W.E.I.M)

3.0 or B.L.

(W.E.I.M)

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

Facilities and Amenities

24. Religious

Premises

Min. 750

35

70

12

(Exclud-

ing

Minars

Shikharas

or Domes)

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht..

3.0 or

1/3rd of

Building

Ht..

3.0 or

1/3rd of

Building

Ht.

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

25. Police

Post

Min. 250

35

100

12

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht.

3.0 or

1/3rd of

Building

Ht..

3.0 or

1/3rd of

Building

Ht.

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

82

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

1

2

3

4

5

6

7

8

9

10

26. Police

Station

Min. 1000

30

150

26

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht.

3.0 or

1/3rd of

Building

Ht.

3.0 or

1/3rd of

Building

Ht.

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

25 % of the plot area may be used for housing the staff and the regulations of group

housing shall be applicable to the area meant for housing.

27. Post &

Tele-

graph

Office/

Bank

Min. 250

25

100

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht.

3.0 or

1/3rd of

Building

Ht.

3.0 or

1/3rd of

Building

Ht.

Note:—Stilt floors within the building envelope shall be allowed. Multi-level

basement within the building envelope shall be allowed for parking as specified in

the basement norms.

28. General

(Public &

Semi-

Public

Premises)

Min. 500

25

100

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht.

3.0 or

1/3rd of

Building

Ht.

3.0 or

1/3rd of

Building

Ht.

Note:—Stilt floors within the building envelope shall be allowed. Double basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

Other controls:

Up to 25% of maximum FAR can be utilized for residential use of essential staff in

fire station.

Up to 15% of maximum FAR can be utilized for residential use/hostel for essential

staff and student accommodation, in Fire Training Institute/College.

Other controls related to basements etc. are as per regulations.

29. Fire

Station

Min. 2000

30

120

26

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht.

3.0 or

1/3rd of

Building

Ht.

3.0 or

1/3rd of

Building

Ht.

Note:—Stilt floors within the building envelope shall be allowed. Double basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

Other controls:

Up to 25% of maximum FAR can be utilized for residential use of essential staff in

fire station.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

83

1

2

3

4

5

6

7

8

9

10

Up to 15% of maximum FAR can be utilized for residential use/hostel for essential

staff and student accommodation, in Fire Training Institute/College.

Other controls related to basements etc. are as per regulations.

Non-Residential Premises

30. Hostel

Min. 750

30

120

15

Shall be as

per Table

No. 5—2

1/3rd of

Building

Ht.

1/3rd of

Building

Ht.

1/3rd of

Building

Ht.

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

31. Guest

House,

Boarding

House or

Lodging

House

Min. 500

30

120

18

Shall be as

per Table

No. 5—2

1/3rd of

Building

Ht.

1/3rd of

Building

Ht.

1/3rd of

Building

Ht.

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

Other Uses

Petrol Pumps:

The general regulations for Petrol Pumps shall be as per guidelines issued by Ministry of Road,

Transport & Highways.

•

New petrol pump shall not be located on any road having R/W less than 15 m

32. Filling

Station

The

frontage &

depth of the

plot shall

be as per

guide-lines

issued by

Ministry of

Road,

Transport

& High-

ways.

10

10

6

Shall be as

per Table

No. 5—2

N

N

N

Filling

Cum

Service

Station

20

20

6

Shall be as

per Table

No. 5—2

N

N

N

Comp-

ressed

Natural

Gas

(CNG)

Mother

Station

20

20

4.5

Shall be as

per Table

No. 5—2

N

N

N

Other Regulations:

Shall be accepted to explosive/Fire Dept. Ground Coverage will exclude canopy

area. Mezzanine if provided will be counted in FAR.

84

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

Note:—

• The height. of stilt should be maximum 3.0 m below soffit of

beam.

• In case stilt parking is provided within commercial or PSP

building envelope in combination with ground floor. Height of

stilt floor in this case shall not be more than 3.0 m. below beam

soffit.

5.2.1.3

Relaxation in Floor Area Ratio (FAR):

In case of Building‐units affected by road widening or

construction of new road, the owner may claim FAR from the

BPIA as a compensation for the surrendered land. In case of

FAR, the BPIA shall permit the FAR of any such land/plot or

Building‐unit on the basis of the original boundary of the

Building Unit. This is subject to conformity with all other

requirements mentioned in these Regulations as per the new

boundary. Before securing Development Permission on any such

Building‐units, owner shall have to surrender the affected land

which shall be calculated as follows:—

Compensation as TDR = Surrendered Land (sq. m.) x Base

F.A.R. x 2.

5.2.1.4

Areas not counted towards computation of FAR

Following areas shall not be counted towards computation of

FAR :—

1. The area under lift wells, service ducts, machine room for

lifts, water tanks, escalator, lift lobby, fire escapes, ramps and

service ducts.

2. Parking areas, parking floors, mechanized parking areas,

porch, service floors, podiums.

3. Basement if used for parking.

4. Corridors, arcades, lobbies, mumty, staircases, entrance

lobbies or foyers, atrium which is not used for commercial

activity, pump room and two watchmen hut each not

exceeding 6 sq. ms.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

85

5. Provided that in commercial use premises, the area of foyer(s)

or entrance lobby(ies) located on the ground floor which

exceeds 20% of permissible ground coverage shall be counted

in the FAR.

Notes:—

1. In cases where building proposal approved prior to these

Regulations are proposed to avail the balance development

rights not exceeding the total permissible FAR as per these

regulations shall be permitted by utilizing the TDR and by

payment of Premium.

2. In case of land parcels affected by the road widening or land

acquisition for public purpose uses, the owner shall have right

to use TDR provided in form of compensation as an

additional F.A.R. of the surrendered land, on the same

land/building parcel or shall be allowed to sell the F.A.R. as

per TDR policy.

3. In case if TDR is not available through private owner then

plot owner will have an option to avail additional FAR.

4. Road Side Setback in a Land-Parcel shall be regulated by the

Road width it abuts.

5. For Redevelopment parcels, sides & Rear Setbacks shall be

minimum of 6m or 1/3rd of the abutting building height,

whichever is more.

6. For Land-Parcel with two or more abutting roads, the Road-

side Setback/setback as per the building line shall be

applicable on all such abutting sides. This Regulation shall be

applicable for all Land-Parcels or as mentioned in Master

Plans/Zonal Development Plans.

5.2.1.5

Permissible Uses in Setbacks :

1. Residential Zone—

a.

Ancillary uses such as Car Porch shall be permitted as a

part of the permissible FAR as already given of the

Building Unit, in side or rear Setback but in no case in

Road-side Setbacks; with maximum permissible ground

coverage of 17 sq. m. and maximum permissible height

of 3.0 m.

86

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

b.

Open cantilever staircase with maximum width of 1.00 m

and landing space of maximum 2.00 Sq. m at floor level

shall be permitted in side or rear Setbacks except on road

side Setback.

c.

Doors, windows or projections shall not be permitted

along the common wall of the adjoining property.

d.

No rainwater from the roof shall be drained in the

adjoining property.

e.

Partition wall shall be allowed along the Building Unit

boundary on common boundary of semi-detached

building and on Setback between two structures up to a

maximum height. of 1.5 ms.

2. For Residential Zone Building Uses: Underground water tank,

percolation well, bore well and pump room with a maximum

size of 2ms X 2ms and with a maximum depth of 2ms.

3. Vehicular Ramp connecting ground level with basement level

shall be permitted in side and/or rear Setback only.

4. For a building-unit using Setback for providing electrical

infrastructure such as substation, underground water tanks

shall be allowed on only one Setback side except Road-side

Setback. The other Setbacks shall be kept clear and accessible

at ground level.

5. Electrical Infrastructure: Electrical Sub-station, Transformer

room, Box-type transformer, Section Feeder Pillar, Auxiliary

Power Back-up System and M. room according to the norms

of the Competent Electric Company shall be permitted in

Setback except Road-side Setback of the Building-unit. The

area of such construction shall not be counted towards FAR.

6. Fire Escape Open Staircase for Building with height more

than 30ms: Fire Escape Staircase required shall be permitted

in Setback except road-side Setback and subject to free

movement of fire tender.

7. Pedestrian Ramp shall be permissible in Setback at Ground

Floor Level only.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

87

8. Parking shall be permitted in Setbacks except in Approach

Road.

9. In any Setback open space, weather sheds, sun breakers

horizontal or vertical projections shall be permitted up to 0.60

m. These projections may also be part of the facade

articulation at various levels, but shall in no cases be at the

floor level such that they become a part of the habitable

space. Such projections shall be allowed above a minimum

height of 2.4ms from the ground level.

5.2.1.6

Restricted Use in Setbacks :

1. The required Setback open spaces except permissible uses as

per Regulation 5.2.1.5 shall be kept permanently open to sky.

2. This space shall not be used for stocking materials or loose

articles for the purpose of trade or otherwise, putting up fixed

or movable platforms.

3. Parking shall not be allowed in the Setback provided as

approach road.

4. Vehicular ramp leading to parking in floors above ground

level shall not be permitted in the Setback.

5. Pedestrian ramps connecting ground floor with upper floors

shall not be permitted in the Setbacks.

5.2.1.7

General Basement Requirements :

In a Building-unit, the Basement shall be permitted on the

following conditions:

A. Setbacks :

1. Basement shall be permitted on plot abutting Minimum Road

width 12 m or above and coverage up to Building Envelop

only.

2. Basement shall be permitted on plot having minimum plot

width 18 m or more.

3. Basement shall be permitted in the building envelop only.

B. Height of Basement:

1. Maximum Height of the Basement below soffit of beam shall

be 3.0m.

2. Height of first basement above ground level will be maximum

1.5 m below the roof slab. Where stilt or podium parking is

88

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

permitted, the first basement roof will be levelled with the

ground.

C. Permissible Uses in Basement :

1. Permitted uses in Basement are parking, safe deposit vault,

A.C. Plant, storage other than inflammable material, Sewage

Treatment Plant.

2. No habitable use shall be permitted in the basement.

3. Permitted uses in Basement of a Hospital Building:

Radiation-producing device, Radiation Therapy Room, MRI

or X-Ray room. This shall be permissible only if the

basement layout is not shown as parking for approval.

4. For basements exclusively for parking, any other permissible

use is permitted only in basement level-1 up to a maximum

area of 10% of the total built-up area of the basement floor.

This non-parking area shall be calculated towards the

computation of FAR.

5.2.2

Parking :

5.2.2.1

Private Parking (On the plot) :

5.2.2.1.1 General Requirements for Parking :

1. Parking requirement for a Mixed-Use development shall be

calculated on pro rata basis of the FAR consumed specific to

the different uses.

2. Parking is permitted at any floor level above ground and at

more levels or basement as per required parking, with

provision of vehicular ramp/mechanized means/car lifts.

3. Parking area includes parking space, driveway and aisles but

excludes approach road, vehicular lift and vehicular ramps.

4. Parking layouts with minimum size requirements for parking

space, driveways and access lanes shall be provided as

mentioned ahead.

5. Parking shall be permitted in side or rear Setbacks except in

Approach Road as per Regulation 5.2.1.5.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

89

6. Parking area should be retained as effective parking space and

shall be maintained with light and ventilation system if

provided in an enclosed area.

7. In cases where misuse of parking space is noticed, the use of

the entire building shall be discontinued by the BPIA.

Building use shall be permitted only after the required

parking spaces are provided. High penalty shall be levied

considering the period of misuse of the parking space and the

benefit derived out of misuse as decided by the BPIA from

time to time.

8. If parking is provided on a terrace with vehicular elevator,

vehicular ramp is not necessary if parking space is provided

with provision of floor sprinklers.

9. Parking shall not be permitted within an Atrium.

10. At the time of approval an agreement/affidavit regarding the

areas in basement/stilts/open shown for parking shall be

furnished by the applicant to the concerned authority

mentioning that aforesaid part (parking) shall not be sold to

any body and it shall remain for parking only, this area shall

remain in joint possession of the occupants of the building. In

case of violation concerned authority will be authorized to

demolish any such construction with or without prior notice.

5.2.2.1.2 General Space Requirement for Parking :

1. Location

The parking spaces can be provided in basement or on a floor

supported by stilts or on upper floors/podium and uncovered

spaces in a plot. However, no parking spaces will be

permitted in the Setback open spaces as required to be

provided as per Regulation No. 5.2.4.7 & 5.2.4.8.

2. The deck parking inclusive of car lifts & passages shall be

counted in FAR.

90

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

3. Area of Parking Space: The area of parking spaces shall be

provided as given below:—

Table No. 5—5 Parking requirements

S.

No.

Use

Parking requirement

1

2

3

1

Residential

Residential (R1) for

Plots more than 50

sq. m.

Minimum

Parking

requirement

for

individual plotted housing shall be

calculated @ 0.25 ECS for every

40 Sq. m. of built-up area.

Group Housing

• Up to 50 Sq. m/EWS 0.25 ECS

• Above 50 Sq. m to less than 100 Sq. m

0.5 ECS

• From 100 Sq. m up to 120 Sq. m

1.0 ECS

• Above 120 Sq. m up to 180 Sq. m

1.5 ECS

• Above 180 Sq. m 2.0 ECS

2

Commercial

Single Shop

• 2.0 ECS/100 Sq. m F.A. (if F.A.

exceeds 50 sq.m)

Shopping Cluster

• 2.0 ECS/100 Sq. m F.A.

Commercial

Complex

• 2.0 ECS/100 Sq. m F.A. up to plot area

4000 Sq. m

• 2.5 ECS/100 Sq. m F.A. above 4000

Sq. m plot area

Cinema/Cineplex

• 1 ECS for 3 seats of Cinema

• 2 ECS/100 Sq. m F.A. for other uses

incidental to Cinema/Cineplex

Hotel

• 1 ECS for 3 Guest Rooms

• 2 ECS/100 Sq. m F.A. for other uses

incidental to Hotel

• For Conference Halls/Party Halls/Bars/

Restaurant (excluding entrance Hotel

lobby/Atrium) min. parking @ 1.5

ECS/10 Sq. m shall be provided

Mall/Multiplexes

• 1 ECS for 3 seats of Cinema

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

91

1

2

3

• 2 ECS/100 Sq. m for additional area

under

uses

incidental

to

Malls/

Multiplexes

• For Party Halls min. parking @1.5ECS

for 10 Sq. m shall be provided

Banquet

Hall/Community

Centre/Janjghar

For plots min. 6000 Sq. m up to less than

10000 Sq. m

• Min. 150 ECS up to 1000 Sq. m of

built-up area.

• For more than 1000 Sq. m an additional

parking @ 1.5 ECS/10 Sq. m shall be

provided.

For plots above 10000 Sq. m

• In addition to above category, an

additional parking @ 6 ECS/500 Sq. m

plot area shall be provided

Restaurant/Fast

Food Bar

1.0 ECS for every 3 seats

3.

Public-Semi-public/Institutional Use

Offices:

General/Government

Offices/Integrated

Office Complex

• 2.0 ECS/100 Sq. m F.A.

4.

Education

Primary/Middle/

Secondary & Hr.

Sec. schools

•

For the Administrative & public Area

of the School 1.5 ECS per 100 Sq. m

built-up area or part thereof.

•

For Every 3 Class Room-1 LCV

College/Research

Centre

• For the Administrative & public Area

of the School 1.5 ECS per 100 Sq. m

built-up area or part thereof.

• For Every 3 Class Room-1 LCV &

1ECS

Coaching Classes

For every 20 Students-1 ECS

5.

Hospitals/Health

Centre/Nursing

Home/Radio

Diagnostic

Centre/

Microbiological/

pathological

• 2.0 ECS/100 Sq. m F.A.

92

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

1

2

3

6.

Religious Premises

• 1 ECS/100 Sq. m F.A.

7.

Police Post/Police

Station/Fire

Station/Post &

Telegram

Office/Bank/General

Public-Semi-Public

Premises

• 2.0 ECS/100 Sq. m F.A.

8.

Hostel

• 1.5 ECS/100 Sq. m F.A.

9.

Guest House,

Boarding House and

Lodging House

• 2.0 ECS/100 Sq. m F.A.

ECS value shall be taken as:

S.

No

On Ground

Basement

Stilts

Mechanized

Rotating

1

18.0 Sq. m/ECS

28.0 Sq. m/

ECS

23.0 Sq. m/

ECS

16.0 Sq. m

5.0 Sq. m

•

For Four-wheeler :

1. Basement parking shall be permitted on plot abutting

Minimum Road width 12 m or above.

2. Basement parking shall be permitted on plot having minimum

plot width 18 m or more and minimum plot depth 20 m or

more.

3. Side and Rear Setbacks for Basement parking shall be as per

Regulation 5.2.4.1, 5.2.4.2.

4. Minimum driveway 4.5 m for one-way circulation, 6 m for

two-way circulation.

5. Minimum Four-wheeler bay size shall be 2.5 m x 5 m.

6. The height of basements from floor to ceiling shall be as per

Regulation no. 5.2.4.7. The ramp within Setbacks shall be

permissible subject to free and convenient movement of fire

tender.

7. Adequate fire safety, light and ventilation and air change

through mechanical means shall be provided.

8. Permissible uses in basements shall be as per Regulation

No. 5.2.4.7.

9. Basement parking can also be Mechanized instead of

conventional ramps.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

93

10. Combination of two-wheeler and four-wheeler vehicle

parking shall be allowed.

5.2.2.1.3

Common Parking Space :

If the total parking space as required by these Regulations is

provided by a group of property owners for their mutual benefit

within a distance of 500 m from their property, such common

use of space for parking may be construed as meeting the off-

street parking requirements under these Regulations subject to

the approval of the concerned area authority. If such common

parking space is proposed for a group of buildings, the owners of

such buildings shall submit a layout thereof and also a registered

undertaking stating that the area earmarked for the parking space

will not be built upon and will be utilized for parking purpose

only.

5.2.2.1.4 Parking for Non-Motorized Vehicular Zone (NMV

Zones) :

For NMV Zones required parking space shall be provided as

per Regulation No. 5.2.5.1.2 in the premises itself. If the

required parking space cannot be provided, then plot owners

can pay parking facility charges as per Regulation No. 5.2.7.5.

5.2.3

Premium/Charges

for

Mixed-use,

Commercial-Use,

Additional F.A.R. & Parking in Respective Zones:

Table No. 5—6 Premium/Charges

Particulars

R

M

C

PSP

Value Capture Fund

Applicable

Applicable

Applicable

Applicable

Mixed-Use (annually)

(as

per

regulation

No. 5.2.4.4

Applicable

N.A.

N.A.

N.A.

Commercial-Use (one

time)

(as

per

regulation No. 5.2.4.2)

N.A.

Applicable

Applicable

N.A.

Additional

F.A.R.

(one-time)

(as

per

regulation No. 5.2.4.3)

N.A.

Applicable

Applicable

Applicable

Parking

Charges

(one-time)

(as

per

regulation No. 5.2.4.5)

Applicable

Applicable

Applicable

Applicable

Amalgamation

Charges

(one-time)

(as per regulation No.

5.2.4.6)

Applicable

Applicable

Applicable

Applicable

94

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

5.2.4

Value Capture Finance :

Following are the Value Capture Finance Methods and

Regulations respectively.

5.2.4.1

Value Capture Fund :

1.

Value Capture Fund is applicable on Influence Zone.

Influence Zone will be 60 m on either side of RoW

developed for public transport system and the roads must be

with RoW 18 m and above.

2.

For the properties abutting to the road as prescribed above,

the Value Capture Fund should be at the rate of 3% on

Stamp Duty Rate.

3.

For the properties which are not abutting the road and

backside of the road facing properties, the fees shall be at the

rate of 1.5% on Stamp Duty Rate.

4.

The above fees shall be charged at the time of building

permission by Implementing Agency.

5.2.4.2

Commercial Use Charges :

1.

These are the charges for the Commercial use, shall be taken

as premium on FAR and shall be payable once.

2.

These charges shall be applicable for M Zone and C Zone.

3.

Commercial use charges will be calculated as—

Total payable Fee = (Plot/Land area) x (Consumed FAR) x

(land value, Prevailing collector rate) x 0.03.

5.2.4.3

Premium on additional FAR :

1.

These are the charges for additional Floor Area Ratio (FAR)

and shall be payable once.

2.

These charges shall be applicable for R-C zone, C zone, PSP

Zone.

3.

The additional FAR permitted shall not exceed the FAR as

permitted.

4.

An application for availing additional Floor Area Ratio

(FAR) shall be made to the BPIA. Such application shall be

accompanied by the requisite documents and a fee of

Rs. 5000. The BPIA after examination of the application

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

95

may allow additional floor area ratio to the applicant to the

extent permitted in rule hereinabove.

5.

The application for grant of additional FAR shall be

considered only in case the plot in question is a part of a

layout plan duly approved by the BPIA.

6.

Premium on Additional FAR will be calculated as

follows :—

= (Purchased Additional FAR in Sqm.) x (25% of the

prevailing Stamp Duty Rate)

7.

The Sale/Purchase or Transfer of development rights shall be

as per the Government Policy and regulations.

8.

After purchase of additional FAR, Authority will issue the

certificate of extra FAR purchased from the Authority. Only

after getting the certificate, the property owner will get the

building permission for additional FAR.

5.2.4.4

Premium on Mixed use :

1.

These are the charges for the Mixed use (non-residential use)

in the residential use if allowed in Master Plan and shall be

payable annually.

2.

These charges shall be applicable for R Zone.

3.

Premium on Mixed Use will be calculated as follows.

4.

Total payable amount: (Prevailing Stamp Duty Rate (per

Sqm) x 0.01 x (Total Area used as non-residential).

5.

As per the mixed-use policy, use of non-residential activity

in residential building shall pay the above prescribed charges

before building permission. These charges shall be paid

before building permission.

6.

Any mixed use which is in existence in residential area, the

owner shall get the revised approval from BPIA within 2

years from the date of notification of these regulations. If the

owner fails to get the revised permission then, owner will be

penalized 5 times the additional charges for the mixed use

for the period after the date of notification.

7.

These mixed-use charges which will be deposited with the

ULB, the particular amount will be used for infrastructure

development and parking development.

96

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

8.

The ULB has a right to inspect, penalize the properties

which are under mixed use category.

5.2.4.5

Premium on Parking :

These charges shall be applicable for R Zone, M zone, C zone,

PSP Zone.

If required parking space cannot be provided due to plot size

constraints, then plot owners can pay parking facility charges as

follow:

Parking Charges = (Prevailing Stamp Duty Rate) x 25% x (Total

Required Parking Area)

5.2.4.6

Premium on Plot amalgamation (Subject to Policy) :

These charges shall be applicable for R-Zone, M zone, C zone,

PSP Zone.

Plot amalgamation charges will be calculated as

1.

For R.—Zone

Premium = (Total amalgamated

land in Sqm) x Rs. 100

2.

For M-Zone & C-Zone

Premium = (Total amalgamated

land in Sqm) x Rs. 200

3.

For PSP-Zone

Premium = (Total amalgamated

land in Sqm) x Rs. 50

5.2.4.7

Design consideration for Streets :

1.

Provision of Footpaths on all streets, except on traffic

calmed small streets.

2.

Footpath shall be continuous, unobstructed and minimum

width shall be as per figure below.

3.

Provision of Bus Stops (Shall not create hindrance for

pedestrians) and Safe pedestrian crossings near Bus stops.

4.

Provision of unobstructed Street Furniture’s.

5.

Litter/Trash bin.

6.

Informatory and cautionary signages (as per IRC guidelines).

7.

Space for Public toilet (unobstructed).

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

97

8.

All the Underground utilities for e. g. : storm water drainage,

sewerage lines, water pipe line, telecom line etc. shall be as

per section proposed in the annexure.

9.

Road markings (as per IRC guidelines).

Note:—Refer and follow Street Design as per IRC guidelines for

detail design regulations.

5.2.5

Regulations for Environmentally Conservation Green Zone

(CG) :

1.

It is an environmentally conserved land-use where no

building construction is permitted.

2.

Development activities within this zone shall confirm to the

regulations given hereunder :—

a. The green buffer along the Nallas/Rivers or the open

space along the River/tributary shall be minimum 30 m

from the highest water level or as provided in the master

plan/zonal development plan or as provided under Water

Regulatory Act, whichever is more.

b. Development

of

road/mechanized

parking/off-street

parking shall be permissible in this zone by the BPIA.

c. Plantation and sit outs, shall be permissible within this

zone by the BPIA.

d. Development permissions for Recreational activities or

sightseeing areas shall be given in these regulations

within this zone by the BPIA.

e. Structures of historical/heritage importance in this zone

shall be preserved. Any restoration works needed to be

carried out shall be encouraged with the permission of the

BPIA.

f. Existing building coming within this zone shall not be

allowed to add any additional coverage or F.A.R.

5.2.6

Regulations for Redevelopment Parcels :

The following regulations are applicable for the Redevelopment

land parcels.

98

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

5.2.6.1

Permissible Uses :

5.2.6.1.1

Permissible

Uses

for

Redevelopment

area

lying

indominant zone :

Permissible uses and Non-Permissible uses shall be as per the

dominant zone on which the Redevelopment Parcel lies and

shall be as per Regulations no. 5.1.3 above.

1. The percentage of permissible uses allowed on Total

Built-up area of Redevelopment Parcel shall be as per

Table below:—

Table No. 5—7 Permissible uses of a Redevelopment Parcel lying

on specified predominant land-use

S.

No.

Permissible

Use

Percentage of Permissible uses on Total Built-up

area of Redevelopment Parcel

If, it

lies

in

Predominantly

Residential zone

If,

it

lies

in

Predominantly

Commercial zone

1.

Residential

70 %

40%

2.

Commercial

20%

50%

3.

PSP

10%

10%

Note:—

1. Area under PSP may be accommodated in Residential or

Commercial as per requirement.

5.2.6.1.2 Permissible Uses by Road width :

The Minimum width of the abutting road shall not be less than

15 M for redevelopment parcels.

5.2.6.2

Development of Land :

1.

Minimum area of the land/plot for redevelopment shall be

0.2 Hectare, plot may be owned by an individual/society or

pooled of different owners or by government body.

2.

Aforesaid plot/land for Redevelopment, must have planning

permission in which the city level circulation is coordinated,

essential provisions for sector/sub sector level amenities,

facilities, utilities and services and provision for informal

sector shall be ensured.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

99

3.

Development of Redevelopment Parcels shall be permissible

only if, minimum Plot width/Land Frontage is 30 m on the

abutting road with minimum width of not less than 18 m.

Note:—

Provision for economically weaker section shall be incorporated

in the Redevelopment Layouts as per JK Housing Policy, 2020

or the policy of the Government laid down from time to time.

5.2.6.3

Permissible Floor Area Ratio (FAR) For Redevelopment

Parcels :

1.

The base FAR for Redevelopment Parcel shall be as per

5.2.1.1 & 5.2.1.2.

2.

Additional FAR purchasable shall be as permitted by

Government.

3.

Area covered by Atrium and mezzanine floors shall be

counted towards computation of FAR.

5.2.6.4

Building Height for Redevelopment Parcels :

The Maximum Permissible Building Height shall be as per

provisions of Regulation No. 5.2.1.1 & 5.2.1.2 and regulated

according to the width of the road on which it abuts as

mentioned in the above-mentioned regulation.

5.2.6.5

Setbacks for Redevelopment Parcels

5.2.6.5.1

Road Side Setbacks for Redevelopment Parcels :

The Setbacks for any building development shall be as per

Regulation No. 5.2.1.1 & 5.2.1.2 whichever implies.

5.2.6.5.2

Minimum Setback between Buildings :

1.

Minimum distance between two buildings shall be 1/3rd the

height of taller building.

2.

If two buildings next to each other have different heights,

required Setback for taller building shall be applicable. For

example—if one building is of 25 ms and the adjacent

building is of 45ms in height, the minimum Setback between

these two buildings shall be 15.0 ms.

100

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

5.2.6.5.3

Permissible Ground Coverage :

1.

The maximum permissible ground coverage shall be 50%.

2.

Minimum Common Open Space of 10% shall be provided

and no edge of such open space shall be less than 7.5m.

5.2.6.6

Parking :

1.

The parking norms for Redevelopment parcels shall be as

per Regulation no. 5.2.5.1.2.

2.

Provision of individual parking shall be compulsorily

provided for every redevelopment land parcel.

5.2.7

Regulations for Urban Heritage Area

5.2.7.1

Applicability :

These Regulations will apply to those buildings, artefacts,

structures and/or precincts of historical and/or aesthetical and/or

architectural and/or cultural value.

5.2.7.2

Restriction on Development/Redevelopment/Repairs, Etc. :

1.

No development or redevelopment or engineering operations

or additions, alterations, repairs, renovation including the

painting of buildings, replacement of special features or

demolition of the whole or any part thereof or plastering of

listed/heritage buildings or listed Heritage precincts shall be

allowed except with the prior written permission of the BPIA

in consultation with the Heritage Conservation Committee to

be appointed by Government. The BPIA may overrule the

recommendations of the said Heritage Conservation

Committee by recording reasons in writing.

2.

In relation to religious buildings, the changes, repairs,

additions, alterations and renovations required on religious

grounds mentioned in sacred texts or as a part of holy

practices laid down in religious codes shall be treated as

permissible, subject to their being in accordance and

consonance with the original structure and architecture

designs, aesthetics and other special features thereof.

Provided that before arriving at his decision, the BPIA may

take into consideration the recommendations of the Heritage

Conservation Committee.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 101

3.

Identified and listed heritage building even under private

ownership will not be allowed to be demolished.

5.2.7.3

Power to Alter, Modify the List of Heritage Buildings and

Heritage Precincts :

The list of buildings, artefacts, structures and precincts of

Historical, and/or aesthetical and/or architectural and/or cultural

value to which this Regulations applies may be supplemented,

altered, deleted or modified from time to time by Government on

receipt of proposals from the BPIA or by the Government.

5.2.7.4

Grant of Transferable Development Rights in Case of Loss

of Development Rights :

If any application for development is refused under this

Regulations and conditions are imposed while permitting such

development which deprive the owner/lessee of any unconsumed

development rights, the said owner/lessee shall be compensated

by grant of Development Right. Certificate in terms of TDR as

per TDR policy. The extent of TDR permissible will be

difference between the permissible development rights on the

plot and the consumed BUA of the heritage structure. The grant

of TDR shall be subject to a contract between the owner/lessee

and concerned authority/development authority, binding the

owner/lessee to conserve the heritage building in a prescribed

manner.

5.2.7.5

Grading of The Listed Buildings/Listed Precincts :

The list of Heritage Building, Heritage precincts, “Grades” such

as “I”, or “II” will be formulated. The meaning of these Grades

and basic guidelines for development permissions are as follows:

Table No. 5—8 Grading of the Listed Buildings/Listed Precincts

S. No.

Grade-I

Grade-II

1

2

3

1.

Scope-Heritage Grade-I com-

prises building/precincts, of

regional or local importance,

possessing special architectural

or aesthetical merit or cultural

Heritage Grade-II comprises

of buildings and precincts

of importance for town scape,

they

evoke

architectural,

aesthetic or sociological interest

102

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

1

2

3

or historical value, though of a

lower order. They are local

landmarks contributing to the

image and identity of the city.

They may be the work of

master craftsmen or may be

models of proportion and

ornamentation, or designed to

suit particular climate within

the premises of Heritage

Grade-I buildings (open

space/compound) of which

independent/separate additional

building(s)/structure(s) may be

permitted to be constructed,

owing to the availability of

adequate surrounding open

space and unconsumed F.A.R.,

will be assigned as Grade-IB.

The remaining Grade -I

buildings will be assigned

Grade-IA.

though not as much as in

Heritage

Grade-I.

These

contribute to determine the

character of the locality, and

can be representative of a life

style of a particular community

or region and may also be

distinguished by setting of a

street-line or special character

of the facade and uniformity of

height, width and scale.

2.

Objective- Heritage Grade-I

deserves

intelligent

conser-

vation.

Heritage

Grade-II-Deserves

protection of unique features

and attributes.

3.

Scope

for

development-

Grade-IA:

In addition to the scope for

development permissible for

Grade-I, internal changes, and

adaptive reuse may be generally

allowed.

In

certain

circumstances, extension of a

External and internal changes

and

adaptive

reuse

would

generally be allowed. Changes

can

include

extensions/

additional buildings in the same

plot or compound provided that

extension/additional building is

in harmony with and does not

detract

from

the

existing

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 103

1

2

3

Grade-IA heritage building may

also be allowed; provided that

such extension shall be in

harmony with (and shall not

detract from) the Grade-IA

heritage building concerned or

precinct, especially in terms of

height and/or facade. External

changes too may be permitted,

subject to strict scrutiny. Care

should be taken to ensure the

conservation

of

all

special

aspects/features of Grade-IA

building concerned.

Grade-IB:

In addition to above, additional

building(s) in the same plot or

compound

may,

in

certain

circumstances,

be

allowed;

provided that, such additional

building(s) shall be in harmony

with (and shall not detract

from) the Grade-IA heritage

building(s)

or

precinct,

especially in terms of height

and/or

facade

and

such

buildings shall be termed as

Grade-IB heritage buildings.

heritage

building/precincts

especially in terms of height

and/or facade. Reconstruction

may be allowed when the

building is structurally weak or

unsafe or when it has been

affected by accidental fire or

any

other

calamity

or

if

reconstruction is required to

consume the permissible F.A.R.

and

no

option

other than

reconstruction is available.

Reconstruction may also be

allowed

in

case

of

those

buildings which attract the

provisions of reconstruction,

may

be

allowed

in

those

buildings

being

repaired/

reconstructed by Development

Authority.

However,

unless

absolutely

essential

nothing

should spoil or destroy any

special features or attributes for

which it is placed in the

Heritage List.

4.

Procedure:

Development permission would

be given by the Concerned

Development

Authority

in

consultation

with

Heritage

Conservation Committee.

Development permission would

be given by the concerned

authority in consonance with

guidelines to be laid down by

Government

in

consultation

with

Heritage

Conservation

Committee.

104

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

1

2

3

5.

Vistas/Surrounding

Development-All the develop-

ment in the areas surrounding

Heritage

Grade-I

shall

be

regulated

and

controlled,

ensuring

that

it

does

not

overshadow the grandeur of or

views

from

Heritage

Grade-I.

5.2.8

Urban Design Regulations

5.2.8.1

Corner Articulation :

Buildings located at the corner of intersection/T-intersection

plays an important role for Heritage Precinct Area as well as for

the entire Planning area. Hence such Buildings shall have to

provide a chamfer of 3m or rounded corner with 3m radius.

Figure 72 Corner articulation

5.2.8.2

Mandatory Building Line :

All developments on the streets shall follow existing dominant

front setback as suggested in this chapter.

General Note.

Table 5-9

Plinth Level (Ground Floor Finish

Level)

Consistent 300 mm from centre of

Road Line

Public Walkway Level

150 mm from centre of Road Line

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 105

Signage Height/Shop front Glass

Height

To be Consistent 3.0 m high from

Walkway Level with Clear Shop

Front Glass Height of 2.7 m

Min. Ground Floor Clear Height

3.0 m (Clear from Bottom of Slab

to Walkway Top of Finish)

Notes:—

1. Continuity of Street-Wall: All buildings to align with adjacent

building including Ground Floor Shop front.

2. Awning Projection: All Shop fronts to provide 1.5 m wide retractable

Awning of approved Design and Color to be fixed @ 3.2 m from

Road Level.

3. Signage: Signage should not be more than 300mm thick. Signage

Color for every Street shall be as per Advertisement Guidelines as

notified by concerned development authority.

4. No Projection is allowed in Right of Way Line/Setback Line, in case

there’s requirement of Balcony that should be designed as a

concealed/covered balcony within the setback limits.

5. Steps/ramps for approaching plinth shall not be allowed in the front

MOS.

5.2.8.3

Mandatory Facade guidelines :

After detail DPR for facade design guidelines for individual

street, owner shall mandatory follow the same.

5.2.8.4

Extensions to Existing Buildings :

The proposed extension should be developed with due

consideration its appearance and effect on the street scene, its

impact on the amenities of neighbouring buildings. The proposed

extensions should conform to Urban Design Guidelines for

respective Street.

In addition to the Urban Design Guideline for Particular Street,

the Proposed Extension to existing building should follow

additional guidelines as listed below relating to the size and

design of extensions, and the circumstances where extensions

are generally acceptable, are intended to act as a guide for

building owners. The design and layout of extensions should

reflect the design and proportions of the original building

106

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

particularly for building with Traditional Features and building

older than 15 years, for example:—

•

Doors and windows should reflect the size, style and

sill/lintel of the original.

•

Materials should match or be in harmony with those of the

original building.

•

If the original building had a pitched roof, proposed

extension/alteration should also have similar roof form.

•

Where an existing building is adjoining a road on two sides,

i.e., a corner plot, the extension should incorporate sufficient

space for turning radius of vehicles as defined by Guidelines.

5.2.8.5

Advertisements/Signage :

•

All Advertisement and Signage to be installed in Urban

Design Control Area would require permission from

concerned Planning Authority unless specific exemption is

provided in Guidelines. The following criteria will be

applied to all advertisements requiring planning permission.

•

Advertisement/Signage hoardings and free-standing signs

will not be allowed, except where they are installed on a

temporary basis, to screen vacant, untidy or under-

construction sites.

•

Advertisements/Signage on building should be of a scale and

design which relate to the style of the premises on which

they are to be displayed. Illuminated fascia signs should be

no deeper than 300 mm. The illumination of individual

letters is preferable to the illumination of the whole sign.

•

Advertisements/Signage on side walls and at first floor level

will not be allowed.

•

Projecting signs shall not be allowed except in certain

specific cases which would too should be restricted one sign

per building and should not project more than 750 mm

(including brackets). On illuminated signs, the letters only

should be illuminated. Such Projecting Signs should be

3.5 m above Road Level.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 107

•

Signs and advertisements on shop fronts will normally be

restricted to ground floor front wall area in the space

provided in the Urban Design Guidelines.

5.2.8.6

New Shop fronts/Renovated Buildings :

•

New shop fronts/Renovated Buildings should respect the

scale and design of the premises in which they are installed.

•

New shop fronts/Renovated Buildings should not involve the

removal or alteration of features which are of historical or

architectural interest.

•

Existing windows should not be enlarged above ground floor

level, nor should Ground Floor Façade theme extend above

the level of the first-floor window sills.

•

New Façade should not link multiple building units which

are individual and distinct.

•

In Commercial areas, where owner requires a roller shutter

then a roller grille should be provided in preference to a

solid roller shutter. The roller box housing should be

concealed where possible. Also, wherever possible Shutter

should be on the inside shop front/shop face such that Shop

front is visually accessible during closed hours.

5.2.8.7

Buildings in Heritage Zone :

•

The Authority expects the design of shop fronts and the

fronts of commercial premises, to be of a high standard in

Heritage Zone.

•

Materials used should be in keeping with the character of the

building.

•

Where a commercial Corporate Style is required it should be

adapted to particular building’s existing theme.

•

Stall risers should be retained or replaced where they have

previously been removed, as they provide a visual base to

the shop front. Stall riser can also act as Public Seating along

Vehicular Street and should be encouraged.

5.2.8.8

Advertisements in Heritage Zone :

•

Advertisements within Heritage Zone should be designed so

that they are in keeping with the character of the building

and the area as a whole.

108

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

•

Where illuminated advertisements should not be internally

illuminated but externally lit by spotlight Individually

illuminated letters may be acceptable.

•

Large/Modern illuminated signs and illuminated projecting

signs on listed buildings/Heritage Street shall not be allowed.

Advertisements should be of a size, design and of materials

that complement the character of the building/street.

5.2.8.9

Street Specific Guidelines :

•

Every street has its distinct character by its economic and

cultural value, it should be reflected by its design guidelines

like:

•

Some of the buildings with the distinct architecture style

should be preserved as it is with some modification in colour

and design if required.

•

Colour and design elements on building facade along with

signage colours should be inspired by local heritage building

in vicinity which will provide the street its legibility.

•

Design and colour of all the street and urban elements like

railing, street light poles, urban signage, benches, etc. should

be inspired from local heritage.

•

Building colour and paving on the road should respond to

each other.

CHAPTER 6

SPACE REQUIREMENT FOR DIFFERENT

PARTS OF BUILDING

6.1

Main Building :

The plinth of any part of a building or house shall be located

with respect to average road level of site so that adequate

drainage of the site is assured but not at a height less than

45 cm.—

(a)

Habitable rooms shall have minimum plinth height of

0.45 m from the ground level.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 109

(b)

Parking garage may have no plinth.

(c)

The ground floor of a building may be permitted on

stills/pillars instead of a solid plinth with a height of 2.4 m.

In case of slabs with beams height should not exceed

2.8 m. and further that this space shall at all the time

be kept free from any enclosure except for genuine

stair-case :

Provided further that an electric m room, room for

telephone D.B. bath-room, watch room, stair case room,

pump room, water closet, servant room, security cabin

may be permitted subject to maximum built up area of

15 Sq. m. allowed with a minimum plinth height of 30 cm

and this area shall not be considered towards computation

of FAR.

6.2

Interior courtyards, covered parking spaces and garages :

These shall be raised at least 15 cm above the surrounding ground

level and shall satisfactorily drained.

6.3

Habitable room size and width :

The minimum size and width shall be as given NBC-2016.

6.4

Non –residential Buildings :

The minimum area for office/room/shop or any other space to be

used as workspace shall not be less than 6.0 sq. m. with a

minimum width of 2.1 m.

6.5

Kitchen :

Any room to be used as kitchen shall have :

(a)

Unless separately provided in pantry, means for washing

of kitchen utensils, which shall lead directly or through

a sink to a grated and trapped -connection to the waste

pipe ;

(b)

An impermeable floor ;

110

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

(c)

At least a window not less than 1 Sq.m in area open

directly to an interior or exterior open space, but not into a

shaft ; and

(d)

In residential building 15 m. or more in height refuse

chutes.

6.6

Bathroom and W.C. :

Every bathroom or water closet shall—

(a)

Be so situated that at least one of its walls open to external

air and shall have a minimum opening in the form of

window or ventilation to the extent of 0.37 sq. m.

(b)

Not to be directly over any room other than another

latrine, washing place, bath or terrace unless it has a

watertight floor.

(c)

Have the platform or seat made of watertight non-

absorbent material.

(d)

Be enclosed by walls or partitions and the surface of every

such wall partition shall be finished with a smooth

impervious material to a height of not less than 1.0 m.

above the floor of such a room.

(e)

Be provided with an impervious floor covering, sloping

towards the drain with a suitable grade and not towards

Verandah or any other place.

(f)

Have a window or ventilator, opening to a shaft or open

space, of area not less than 0.3 Sq. m. with side not less

than 0.3 m.

(g)

No room containing water closets shall be used for any

purpose except as a lavatory.

(h)

Every water closed and/or a set of urinals shall have

flushing cistern of adequate capacity attached to it.

(i)

A toilet on terrace having a maximum of 2.2 m height

shall be permitted to condition that the area of toilet be

counted in FAR.

(j)

All the sewerage outlets shall be connected to the

Municipal Sewerage system. Where no such system exists,

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 111

a septic tank shall be provided within the plot conforming

to the requirements.

6.7

Mezzanine floor

6.7.1 Height :

It shall have a minimum height of 2.2 M.

6.7.2 Size :

The minimum size of the mezzanine floor if it is to be used as a

living room shall not be less than 9.5 sq. m. The aggregate area of

such mezzanine floor in a building shall in no case exceed one-

third the plinth area of the building.

6.7.3 Other Requirements :

A mezzanine floor may be permitted over a room or a

compartment, provided,—

(a)

it conforms to the standard of living rooms as regards

lighting and ventilation in case the size of mezzanine floor

is 9.5 sq. m. or more;

(b)

It is so constructed as not to interfere under any circumst-

ances with the ventilation of the space over and under it;

(c)

Such mezzanine floor is not subdivided into smaller

compartments;

(d)

Such mezzanine floor or any part of it shall not be used as

a kitchen; and

(e)

In no case shall a mezzanine floor be closed so as to make

it liable to be converted into unventilated compartments.

6.8

Corner site :

When the site fronts on two streets, the frontage would be as on the

street having larger width. In cases, where the two streets are of

same width, then the larger depth of the site will decide the frontage

and open spaces. In such case the location of a garage (on a corner

plot) if provided within the open space shall be located diagonally

opposite the point of intersection.

112

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

6.9

Damp site :

Wherever the dampness of a site or the nature of the soil renders

such precautions necessary, the ground surface of the site between

the walls of any building erected thereon shall be rendered damp

proof to the satisfaction of the authority.

6.10 Distance from electric line :

An overhead line shall not cross an existing building as far as

possible and no building shall be constructed under an existing

overhead line. No accessible point from any Verandah, balcony, or

the like shall be allowed to be erected or re-erected or any

additions or alterations made to a building not having the following

minimum clearances from an overhead electric supply line, in

accordance with the current Central Electricity Authority

(Measures

Relating

to

Safety

and

Electric

Supply)

Regulations, 2010 as amended from time to time :

(a)

Clearance of buildings from lines of voltages and service

lines not exceeding 650V :

(i)

An overhead line shall not cross over an existing

building as far as possible and no building shall be

constructed under an existing overhead line.

(ii) Where an overhead line of voltage not exceeding 650 V

passes above or adjacent to or terminates on any

building, the following minimum clearances from any

accessible point, on the basis of maximum sag, shall be

observed.

(iii) For any Flat Roof, Open Balcony, Verandah roof and

Lean-to-roof :

•

Where the line passes above the building, a vertical

clearance of 2.5 m from the highest point, and

•

When the line passes adjacent to the building, a

horizontal clearance of 1.2 m from the nearest point,

and

(iv) For pitched roof :

•

Where the line passes above the building, a vertical

clearance of 2.5 m immediately under the line, and

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 113

•

When the line passes adjacent to the building, a

horizontal clearance of 1.2 m.

(v) The horizontal clearance shall be measured when the

line is at a maximum deflection from the vertical due to

wind pressure.

(vi) Any conductor so situated as to have a clearance less

than that specified above shall be adequately insulated

and shall be attached at suitable intervals to a bare

earthed bearer wire having a breaking strength of not

less than 350 kg.

(b)

Clearances front buildings of lines of voltages exceeding

650 V :

(i)

An overhead line shall not cross over an existing

building as far as possible and no building shall be

constructed under an existing overhead line.

(ii) Where an over head line of voltage exceeding 650 V

passes above or adjacent to any building or part of a

building, it shall have on the basis of maximum saga

vertical clearance above the highest part of the building

immediately under such line, of not less than:

For

lines

of

voltages

exceeding 650V

3.7 m up to and including 33 KV; and

For

lines

of

voltages

exceeding 33 KV

3.7 m plus 0.30 m for every additional

33 KV or part thereof.

(iii) The horizontal clearance between the nearest conductor

and any part of such building shall, on the basis of

maximum deflection due to wind pressure, be not less

than:

For lines of Voltages exceeding 650 V

and up to and including 11 k

1.2 m

For lines of voltages exceeding 11 KV

and up to and including 33 KV.

2.0 m

For lines of voltages exceeding 33 KV

2.0 m plus 0.30 m for

every additional 33 KV

or part thereof.

114

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

(iv) For high voltage direct current (FTVDC) systems,

vertical clearance and horizontal clearance, on the basis

of maximum deflection due to wind pressure, from

building shall be maintained as below:—

Table 6-1: Vertical and Horizontal Clearence for High Voltage

Direct Current

S. No.

D.C

Voltage

Vertical

Clearance

Horizontal Clearance

1

100

4.6

2.9

2

200

5.8

4.1

3

300

7

5.3

4

400

7

6.2

5

500

9.1

7.4

6

600

10.3

8.6

7

800

12.4

10.7

Source:—NBC 2016

6.11

Loft and Ledge

6.11.1 Height :

The minimum headroom for loft and ledge shall be 2.2 m.

6.11.2 Size :

A loft and ledge in a habitable room shall not cover more than 25

per cent of the area of the floor on which it is constructed and

shall not interfere with the ventilation of the room under any

circumstances.

6.12 Chimneys:

The chimneys shall be built at least 0.9 m above flat roofs,

provided the top of the chimneys is not below the top of the

adjacent parapet wall. In the case of sloping roofs, the chimney

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 115

tops hall not be less than 0.6 m above the ridge of the roof in

which the chimney penetrates.

6.13 Parapet :

Parapet walls and hand rails provided on the edges of roof

Terraces, Balcony, Verandah etc. shall not be less than 1.0 m

and not more than 1.2 m in height from the finished floor level.

Note:—

(a)

The above shall not apply where roof terrace is not

accessible by a staircase.

(b)

However, on terrace floor in the portion where

installations like DG Set, Water Tank and other, screening

parapet of a suitable height may be constructed to hide

such equipments etc. and there is no need to have uniform

increase in the height of the parapet.

6.14 Cabin :

The size of cabins shall not be less than 3.0 Sq. m. with a

minimum width of 1.0 m. The clear passages within the divided

space of any floor shall not be less than 0. 75 m and the distance

from the farthest space in a cabin to any exit shall not be more

than 18.5 m. In case the subdivided cabin does not derive direct

lighting and ventilation from any open spaces/mechanical means.

The maximum height of the cabin shall be 2.2m.

6.15 Boundary Wall :

The requirements of the boundary Wall are given below:—

(a)

Except with the special permission of the Authority. The

maximum height of the compound wall shall be 1.75 m

above the centre line of the front street. Compound wall up

to 2.5 m height may be permitted if the top 0.75 m is of

open type construction of a design to be approved by the

Authority.

(b)

In the case of a corner plot, the height of the boundary

wall shall be restricted to 0.75 m for a length of 10 m on

the front and side of the intersections and the balance

height of 0. 75 m, if required in accordance with (a) may

116

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

be made up of open type construction (through railings)

and of design to be approved by the Authority.

(c)

However, the provisions of (a) and (b) are not applicable

to boundary walls of jails. In industrial buildings, electric

substations, transformer stations, institutional buildings

like

sanitoria,

hospitals,

industrial

buildings

like

workshops, factories and educational buildings like

schools, colleges, including hostels, and other uses of

public utility undertakings and strategically sensitive

buildings a height up to 2.4 m. may be permitted by the

Authority.

6.16 Wells :

Wells, intended to supply water for human consumption or

domestic purposes, where provided.

6.7.1

Location :

The well shall be located,—

(a)

Not less than 15 m from any ash pit, refuse pit, earth closet

or privy and shall be located on a site upwards from the

earth closet or privy;

(b)

Not less than 18 m from any cesspit soak away or bore

hole latrine and shall be located on a site upwards from the

earth closet or privy ;

(c)

Such that contamination by the movement of sub-soil or

other water is unlikely ; and

(d)

Not under a tree or otherwise it should have a canopy over

it, so that leaves and twigs may not fall into the well and

rot.

6.7.2

Requirements :

The well shall—

(a)

Have a minimum internal diameter of not less than 1m; be

constructed to a height not less than 1 m. above the

surrounding ground level, to form a parapet or kerb and to

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 117

prevent surface water from flowing in to a well, and shall

be surrounded with a paving constructed of impervious

material which shall extend for a distance of not less than

1.8 m in every direction from the parapet from the kerb

forming the well head and the upper surface of such a

paving shall be sloped away from the well ;

(b)

Be of sound and permanent construction (Pucca)

throughout. Temporary or exposed (Kutcha) wells shall

be permitted only in fields or gardens for purposes of

irrigation ; and

(c)

have the interior surface of the lining or walls of the well

be render dim pervious for a depth of not less than 1.8m

measured from the level of the ground immediately

adjoining the well-head.

6.17 Office-Cum-Letter Box Room :

In the case of multi-storeyed multifamily dwelling apartments

constructed by existing and proposed Cooperative Housing

Societies or Apartment Owners Associations, limited companies

and proposed societies, an office-cum-letter box room of

dimension 3.6 m X 3 m shall be provided on the ground floor. In

case the number of flats is more than 20, the maximum size of

the office-cum-letter box room shall be 20 sq. m.

6.18 Meter Rooms :

For all buildings above 15 m in height and in special

occupancies, like educational assembly, institutional, Industrial

storage hazardous and mixed occupancies with any of the

aforesaid occupancies having area more than 500 sq. m on each

floor, provision shall be made for an independent and ventilated

m (service) room, as per requirements of electric (service) supply

undertakings on the ground floor with direct access from outside

for the purpose of termination of electric supply from the

licensee's service and alternative supply cables. The doors

provided for the service room shall have fire resistance of not

less than two hours.

118

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

6.19 Stairway :

Stairway shall conform to the following provisions in addition to

items (a) to (g) below. In addition, in order to satisfy fire-

fighting requirements any stairway identified as an exit stairway

shall confirm to the requirement in fire protection regulations

provided in these regulations:—

(a) Width: The minimum width of a staircase other than a fire

escape shall be as given in Table hereunder:—

Table 6—2: The minimum width of a staircase (m)

S.

No.

Type of occupant

Minimum width of staircase/

Stairway/Corridors in m

1.

Residential building

Low rise

Hotels and High rise

1.2

1.5

2.

Education building

Up to 24 m. High

Over 24 m. High

1.5

2.0

3.

Institutional

buildings

(i.e.

Hospital)

Up to 10 beds

Over to beds

1.5

2.0

4.

Assembly buildings

2.0

5.

Mercantile, business, Industrial

Storage, Hazardous Buildings

Low rise

High rise

1.5

2.0

(b)

Flight : No flight shall contain more than 12 rises but in

residential buildings in narrow plots and in high density

Housing a single flight staircase may be permitted.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 119

(c)

Risers : The maximum height of a riser shall be 19 cm in

residential buildings and 16 cm in any other occupancy.

However, in an internal stairway within a dwelling area, a

riser may be 25 cm high.

(d)

Treads : The minimum width of the tread without nosing

shall be 25 cm for staircase of a residential building, other

than fire escapes. In other occupancies the minimum width

of the tread, shall be 36 cm. It shall have a non-slippery

finish and shall be maintained in that fashion.

(e)

Head room : The minimum head room in passage under

the landing of a staircase, shall be 2.2 M.

(f)

Floor indicator : The number of each floor shall be

conspicuously painted in figures at least 15 cm in large on

the wall facing the flight of a stairway or at such suitable

place is distinctly visible from the flights.

(g)

Handrail : Handrail of a minimum height of 0.9 m from

the centre of the tread shall be provided.

(h)

Exit Requirements: All aspects of exit requirements for

corridors, doors, stair cases, ramps, etc in respect of

widths, travel distance shall be as per Part 4 ‘Fire and Life

Safety’ of NBC-2016.

6.20 Roofs :

(a)

In the areas receiving snowfall, the roof should be sloping

and the slope shall be dictated by the amount of snowfall.

(b)

The roof of a building shall be so designed and constructed

as to effectively drain water by means of sufficient rain

water pipes of adequate size, wherever required, so

arranged, jointed and fixed as to ensure that the rain water

is carried away from the building without causing

dampness in any part of the walls, roof or foundations of

the building or an adjacent building.

120

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

(c)

The Authority may require rainwater pipes to be connected

to a drain or sewer to a covered channel formed beneath

the public footpath to connect the rain-water pipe to the

road gutter or in any other approved manner.

(d)

Rain-water pipes shall be affixed to the outside of the

external walls of the building or in recesses or chases cut

or formed in such external walls or in such other manner

as may be approved by the Authority.

(e)

It is desirable to conserve rainwater using suitable

rainwater harvesting techniques including by roof water

collection. In this context, reference shall be made to

Part 9 'Plumbing Services (including Solid Waste

Management), Section 2-Drainage and Sanitation’ of the

NBC 2016.

6.21 Ramps :

(a)

Ramps for pedestrians :

(i) General : The provisions applicable to stairway shall

generally apply to ramps. A ramp in a hospital shall

not be less than 2.4 m wide for stretcher and not for

vehicular movement in addition to satisfying the fire-

fighting requirements.

(ii) Slope : A ramp shall have slope of (not more than

1:10). It shall be of non-slippery material.

(iii) Handrail : A handrail shall be provided on both the

sides of the ramp.

(b) Ramps for handicapped people: The provision of the ramp

with handrails for every public building is compulsory for

handicapped people as per the National Building Code, 2016.

(c) The ramp to basement and parking floors shall not be less

than 7.2m wide for two-way traffic and 4m wide for one-

way traffic, provided with Gradient of 1:10 for L.M.V.

(d) Ramp may also be provided in side setbacks only to basement

and not for upper floors which can be sloped considering

unhindered movement for fire engine of minimum 6m wide

and in no case the gradient shall be less than 1:10.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 121

(e) All structural design/safety aspects as per latest BIS Codes

and NBC, 2016 shall be complied along with consideration of

weight of Fire Engine and its manoeuvrings.

(f) Handrails shall be provided on both sides of the ramp.

(g) Ramps shall lead directly to outside open space at ground

level or courtyards or safe place.

6.22 Stairs, Lifts, Lobbies and Corridor :

The width of lobbies or corridors in building shall be as under :

(a)

In case of residential and non-residential building except

individual detached building minimum clear width of

corridor shall be as under:—

Table 6—3: Width of corridor as per length of the corridor (m)

Length of Corridor

in M

Width of Corridor in M

Residential

Non-Residential

Up to 6

1.0

1.2

Up to 9

1.2

1.5

Up to 15

1.2

2.0

Above 15

1.5

2.5

Notes :—

(i)

For every additional 9.00 m. length or part there

of the width of the corridor shall be increased by

0.30 m up to a maximum of 3.00 m.

(ii)

In case of starred hotels, the width of the corridor

shall be as per the authorized standards of the

starred hotels.

(iii) Whereas in case of residential dwelling unit

occupied by single family and constructed up to

three floors width of the stairs shall not be less than

1.0 m.

(b)

In case of all non-residential and high-rise residential

building the clear width of stair landing exclusive of

parapet shall not be less than1.5 m.

122

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

(c)

Minimum stair width for more than 6 tenements on each

floor shall be 1.5 m.

(d)

The stair-case and lifts (elevators) shall be so located that

it shall be within accessible distance of not more than

25 m from any entrance of tenement or an office provided

on each floor.

(e)

The number and type of lifts to be provided in different

buildings shall be as given in Appendix ‘F’ & ‘F-1’.

6.23 Swimming Pool :

(a)

“Definition :” A constructed pool or a tank indoor or

outside the building, used for the purpose of swimming,

bathing, aquatic sports or games, training, treatment

(Therapy) or recreation, meant exclusively for human

being, having a depth of water not less than that 60 cm.

and the surface area exceeding 23.25 Sq. m. both for the

use of public or the institution concerned.

(b)

“Capacity of Pools in Relation to Bathers:” The maximum

number of persons in bathing attire within the pool

enclosures of the bathing area shall not exceed one person

per 20 Sq. ft. (1.86 Sq. m.) of pool i. e. the area of the

water surface.

(c)

“Hand Rail :” A side handrail extending up above and

returning to the horizontal surface of the pool deck curb or

coping shall be provided at each side of each ladder.

(d)

“Depth Markers :” Depth of water shall be clearly marked

at or above the water surface on the vertical pool wall and

on the edge of the deck or walk-way next to the pool, at

maximum points and at the points of break between the

deep and shallow portions and at intermediate increments

of depth, spaced at not more than 2.5// (7.62 cm) intervals.

Depth markers, contrasting with background shall be on

both sides of the pool.

(e)

“Lighting and Wiring :” Where submarine lighting is used,

not less than 0.5 watts shall be employed per Sq. ft. of

pool area.

(f)

“Area Lightning :” Where submarine lighting is employed,

area lighting shall be provided for the deck areas and

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 123

directed towards the deck areas and away from the pool

surface so far as practicable, in a total capacity of not less

than 0.6 watt per sq. ft. of deck area.

(g)

Where submarine lighting is not provided and night

swimming is not permitted combined pool lightning shall

be provided in an amount of not less than 2 watts per sq.

ft. of total area. All submarine lightning shall be

individually earthed and must be watertight and damp

proof.

(h)

“Over Head Wiring :” No electrical wiring for electrical or

power shall be permitted to pass over within 20 feet of the

pool enclosure.

(i)

“Shallow Minimum Depth” : Every swimming pool shall

have a minimum depth in the shallow area of the main

swimming area of not less than 0.9 m (3 feet), but not

more than 1.07m (3/-6//) from the overflow level to the

floor.

(j)

“Shallow Areas :” In a swimming pool with a diving area,

the shallow area of the pool shall be defined as the portion

between the shallow end and the break point between the

shallow area and the diving area. The slope of the floor

shall be uniform from the break point between the diving

area and the shallow portion to the outside edge of the

shallow portion and shall not be greater than 1 in 2 m.

(k)

“Vertical Wall Depth :” The pool walls shall be vertical at

all points for a depth of not less than 2 ft. 6// (0. 76 m)

6.24 Provision of exterior open spaces and height limitation around

the building :

(a)

The open spaces/setbacks covered area, FAR shall be as

per Master Plan/Zonal Plan/building Bye-laws Chapter V.

(b)

Every room that is intended for human habitation shall

abut on an interior or exterior open space or on to a

Verandah open to such interior or exterior open space.

124

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

(c)

In case of High rise, the exterior open spaces around a

building as in Building Bye-Laws shall be of green or hard

surface capable of taking load of fire engine weighing up

to 45 tonnes.

(d)

In case, kitchen and toilets not abutting either interior or

exterior open spaces, mechanical ventilation shall be

accepted.

(e)

Up to 25% of the total setback area can be sunk for light,

ventilation and access to basement, provided fire tender

movement is not hindered.

6.25

Pollution Control

6.25.1

Air Pollution :

All building shall conform to provisions of Environment Act

and Rules.

6.25.2

Water Pollution :

All building shall conform to provisions of water (Prevention

and Control of Pollution) Act, 1974.

6.25.3

Noise Pollution :

All buildings shall maintain ambient air quality standards in

respect of noise, as prescribed in the Noise pollution (Regulation

and control) Rules, 2000.

CHAPTER 7

SPECIAL REQUIREMENTS FOR OCCUPANCY, LAND

DEVELOPMENT AND OTHER INDUSTRIAL BUILDING

(FACTORIES, WORKSHOPS, ETC.)

7.1

Industrial Buildings (Factories, Workshops, etc.) :

(a)

The relevant provisions contained in the Factory Act, 1948

shall apply for construction of factory buildings. The

minimum height of workrooms shall not be less than 4.5 m

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 125

measured from the floor level to the lowest point in the

ceiling provided that this bye-law shall not apply to room

intended for storage, godowns and the like purposes but

only in rooms occupied by workers for purposes of

manufacture.

(b)

In case of small factories, employing less than 50 workers

for purposes of manufacturing and carrying on a class of

manufacturing covered under the flatted factories and

service industries, as driven in the Master Plan, the

Authority may allow minimum height up to 3.66 m.

(c)

Parking space provisions as provided in Master Plan/Zonal

Plan/Chapter V of these Bye-laws.

(d)

Requirements of water supply, drainage and sanitary

installation shall be as per Chapter-4 of Model Building

Bye-Laws, 2016, but in no case less than 1 W. C. and one

urinal shall be permitted.

(e)

Each working room shall be provided with adequate

number of exits not less than two in number.

(f)

No exit shall be less than 1.2 m in width and 2.1 m in

height and doors of such exit shall be so arranged that it

can be opened easily from inside.

(g)

No staircase, lobby corridors or passage shall be less than

1.2 m. in width.

(h)

In addition to the requirement in this part, provisions in

Chapter-5 and 6 shall be followed.

(i)

There shall be provided at all time for each person

employed in any room of factory at least 3.5 Sq. m. of

floor space exclusive to that occupied by the machinery

and a breathing space of at least 15 Cum (further the

provision of Part VIII section 1 lighting and ventilation of

NBC, 2016 shall be followed).

126

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

(j)

The effluent from industries (industrial and biological in

nature) shall be treated and shall be of quality to

satisfaction of the concerned local bodies before letting

out the same into a watercourse or municipal drain.

7.2

Educational Building (School/Colleges) :

All educational buildings shall be dealt as per University Grant

Commission norms and provision of National Building Code,

2016 and the Jammu and Kashmir School Education Rules, 2010

(SRO-123 dated 18.03.2010, Education Department) or the latest

version of these rules.

7.3

Assembly Building (cinema, theatres, etc.) :

The relevant provisions of the Cinematographic Act and Rules of

Jammu and Kashmir and IS:4878 Code for construction of

cinema building shall apply for planning, design and

construction of cinema building—

(a)

Parking spaces wherever not specifically given shall

conform to NBC, 2016/URDPFI Guidelines, 2014.

(b)

Requirements of water supply, drainage and sanitation

shall conform to provisions of NBC, 2016.

(c)

Buildings for religious worship shall not be erected on a

site, which has not been approved by the Authority.

7.4

Petrol Filling Station :

The location of the petrol filling stations and its layout shall be

approved

by

the

Authority

in

consultation

with

the

Commissioner of the Division depending upon width of roads

and traffic generated location with respect of points of

intersections and nearness to occupancies of educational,

assembly, storage and hazardous uses.

7.5

Burial and cremation grounds :

The Authority shall permit/prohibit burial and cremation grounds

to be located in certain area layouts, after scrutiny of the

proposal with respect to health and well-being surrounding

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 127

neighbourhood and shall follow the selection criteria given

below:—

The proposed development in terms of land use has to be

compatible with the ground :

(a)

Compatible Land use have to be planned with regards to

prevailing wind direction and beyond the prescribed buffer

zone. The likely direction of drift in the event of odour has

to be accounted while planning the layout ;

(b)

Adequate land area is to be provided to house furnaces,

and for internment of cremated remains ;

(c)

The site has to have proper accessibility by the local road

network.

7.5.1

Buffer Zones :

The location of such cremation grounds has to provide for buffer

zones from the surrounding land use to account for

environmental impact of the operation:—

(a)

A buffer zone of the order of 200 m (depending on the

nature of prevailing winds and the natural topography of

the site) between the emission stack and neighbouring

residential zone shall be considered.

(b)

In any case any buffer zone shall not be less than 100 m.

7.6

Building in mining area :

Building in mining area shall not be constructed to a height more

than one storey without the special prior approval of the

Authority.

7.7

Poultry farms (wherever allowed as per the Master Plan)

7.7.1

The coverage for poultry farms shall be as allowed in case of

farmhouses :

7.7.2

Setbacks: As per Chapter 5 under relevant use and category.

7.7.3

Space Planning :

There should be a minimum distance of 6.0 m between sheds in

the farm.

(a)

The minimum distance of any farm building from the

property line should be 4.5 m.

128

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

(b)

The minimum distance of any farm shed or farm building

from the dwelling unit should be 7.5 m.

7.7.4

Farm Shed :

Shed should be constructed on pillars with walls on two longer

sides not higher than 1.2 m :

(a)

The remaining height of the farm sheds in respect of two

longer sidewalls can be covered with netting or other

similar material.

(b)

The maximum height of the roof of the farm shed shall not

exceed 6.0 m.

7.7.5

Dwelling Units as a Farmhouse :

The following norms shall be adopted for construction of

dwellings in farmhouses:—

(a)

The distance of parts of dwelling units from shed shall be

as in Building Bye-laws, 7.7.3

(b)

The requirements of parts of dwelling shall be as in

Chapter 6.

(c)

Any other special requirements as specified by the

Authority.

7.8

Special buildings not covered :

In case of special buildings not covered above, norms as decided

by the Authority will be followed.

7.9

Provisions in the public buildings for Differently Abled,

Elderly Persons and Children :

The building to be designed for Differently Abled, Elderly

Persons and Children need special treatment and the provisions

for site planning, building requirements etc.

7.10 Defence:

Construction of any type of Govt. and private buildings near

defence land/premises shall be governed as per guidelines of

Govt. of India, Ministry of Defence.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 129

7.11 Railway :

Construction of any type of Govt. and private buildings near

railway land shall be governed as per guidelines of Govt. of

India, Ministry of Railways (Railway Board).

7.12 Distance from water course :

(a)

The building activity in the areas vulnerable to floods/flash

floods shall be regulated under the provision of Irrigation

and Flood Control Department or the flood zonation maps

notified by the department from time to time.

(b)

No development, whether by filling or otherwise, shall be

carried out from the edge of the bank of rivers, within

following specified buffer or as per building regulation

whichever is more:—

Recommendations

Applicability

(a) Recommended safe distance

(Buffer) from Listed Major

Watercourse shall be 50m

from

the

edge

of

such

watercourses or as specified

under the relevant regulatory

Act or the relevant Master

Plan

Chenab, Jhelum, Tawi, Ravi,

Sutlej and Ujh or any other

river/khad.

(b) Recommended safe distance

(Buffer) from Listed Minor

Watercourse shall be 30ms

from the edge of such water

courses or as specified under

the relevant regulatory act or

as given in the Master Plan of

the local Area

Mansar,

Surinsar,

Wular,

Nageen, Manasbal and other

lakes.

(c) Recommended safe distance

(Buffer)

from

Unlisted

rivulets,

tributaries,

minor

canals

and/or

Watercourse

Ranbir canal, Sindh canal and

other similar canals.

130

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

shall be 20 m from the edge

of such watercourses or as

specified under the relevant

regulatory act or as given in

the Master Plan of the local

Area

(c)

In case of talab, village tanks, lake, water bodies etc., the

distance from the water body shall be as may be

prescribed under any other general or specific orders of the

BPIA.

(d)

These restricted development zones and other water

courses, which pass through a land shall be developed and

maintained according to the discharge of water.

7.13 Rules for development of land :

(a)

The provisions of Master Plan and norms formulated by

Authority shall apply regarding sub-division of a large

parcel of land into plots, open areas, roads, spaces for

services and community facilities.

(b)

Regulations for Low Income Housing. The norms

specified for Low-income housing shall be as per the

Jammu and Kashmir Housing, Affordable Housing, Slum

Redevelopment and Rehabilitation and Townships Policy,

2020.

7.14 Penal action for violation of Master Plan/Zonal plan

regulation/bye-laws :

(a)

The Authority under the provisions of their respective

Acts shall take action for violation of Master Plan/Zonal

Plan/regulations. The Authority may take penal action

under respective Acts, which may include stopping of

construction activity, demolition/alteration and levying of

penalties as given in (Appendix “D” Penal action for

violation of provisions of Master Plan, Zonal Plans and

Building Bye-Laws).

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 131

(b)

In addition, action for discontinuance of services in

building may also be taken.

7.15 Heritage :

Development/Construction/Mining around all ASI protected

monuments shall be governed by National Monuments and

Archaeological sites and remains Act/Rules (GoI), Jammu and

Kashmir Ancient Monuments Preservation (Amendment) Act,

2010 and Jammu and Kashmir Heritage (Conservation and

Preservation) Act, 2010.

7.16 Forest :

All building activity shall conform to provisions of J&K

Forest, Wildlife and Bio-Diversity Act.

7.17 Sports Infrastructure :

All Provisions related to sports infrastructure shall be dealt as

per the Guidelines/Specifications of Sports Authority of India

(SAI), URDPFI Guidelines, 2014 and NBC, 2016 or its latest

version.

CHAPTER 8

ELECTRIC VEHICLE CHARGING INFRASTRUCTURE (EVCI)

8.1

Electric Vehicle Charging Infrastructure (EVCI) :

Based on the occupancy pattern and the total parking provisions

in the premises of the various building types, charging

infrastructures shall be provided only for EVs, which is

currently assumed to be 20% of all ‘vehicle holding capacity’/

‘parking capacity’ at the premise. Additionally, the building

premise will have to have an additional power load, equivalent

to the power required for all charging points in a Public

Charging Station (PCS) to be operated simultaneously, with a

safety factor of 1.25.

132

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

8.2

Residential Buildings (plotted house)

Table 8.1:—Charging Infrastructure requirements for individual

house/self-use

Building Type

Plotted House

Ownership of Station

Private (Owner)

Connection and Ming

Domestic m

Type of Charger

Slow chargers as per owner’s specific

requirements

Modes of Charging

AC (Single charging gun)

Norms of Provisions

Min. 1 SC and additional provisions as

per the owner individual.

Note:—The charging infrastructure installed by a home owner

shall be construed as a Private Cl meant for self-use

(non-commercial basis).

8.2.1

All other buildings (including Group Housing) :

Any PCS installed at Public, Private areas or building premises

of any category that caters to commercial mode of charging of

EVs shall be deemed as a Public Charging Station and shall have

to install the minimum requirements of chargers as specified in

the Guidelines dated 14.12.2018 of Ministry of Power. However,

in order to provide sufficient charging points for the EV share in

all vehicles, ratio of types of chargers is recommended in the

table below:—

Table 8.2:—Charging Infrastructure requirements for PCS

(Commercial use)

Building Type

Any Building Type

1

2

Ownership of

Station

Service Provider

Connection and

Ming

Commercial Ming and Payment

Type of

Charger

As per min. requirements specified in MoP

Guidelines

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 133

1

2

Additional

Chargers

PCS service providers shall install additional number

of kiosk/chargers beyond the minimum specified

requirements to meet the ratio of charging points as

prescribed below (by the type of vehicles).

Norms of

Provisions for

charging points

4Ws

1 SC-each

3 EVs

1 FC-each

10 EVs

3Ws

1 SC-each 2

EVs

2Ws

1 SC-each

2 EVs

PV (Buses)

1 FC-each

10 EVs

Notes:—

• Charging bays shall be planned currently at 20% capacity

of all vehicles including 2Ws and PVs (cars)

• Opening and on-spot payment options to be available for

all users.

• Provision of FCB CS and BS shall not be mandatory and

will be at the discretion of the service provider.

8.2.2

Rationale for EVCI establishment :

(a) Rapid urbanization coupled with adoption of mechanized

transportation modes has resulted in high emissions of

Green House Gases that goes on to impact Global

warming. Unless, the global surface temperature rise is

restricted to no more than 2oC compared with pre-

industrial levels, the IPCC has warned that the world will

see irreversible catastrophic climate change.

(b) India being a signatory to the UNFCCC, has pledged for

efforts to assess the Greenhouse Gas Emissions (GHG) of

anthropogenic origin and removal by sinks. India’s per

capita emissions are still considered low at 1.9 tonnes

(2013), but its total emissions are next only to China and the

US and is likely to overtake those of the EU by 2019.

(c) While comparing the Indian cities for their emission scores,

Delhi is on top as the biggest emitter at over 38.38 million

tonnes of carbon dioxide equivalent overall emissions,

followed by Greater Mumbai at 22.7 million tonnes and

134

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

Chennai at 22.1 million tonnes, Kolkata at 14.8 million

tonnes, Bangalore at 19.8 million tonnes, Hyderabad at

13.7 million tonnes and Ahmedabad at 9 million tonnes

were the other cities whose emissions for the year were

calculated sector-wise.

(d) As per the statistics of Transport Department (GNCTD),

total number of vehicles in Delhi is more than the

combined total vehicles in Mumbai, Chennai and Kolkata.

Delhi has 85 private cars per 1000 population against the

national average of 8 cars per 1000 population. In terms of

Co2 emissions due to motor vehicles, Delhi emits about

12.4 million tonnes while the city of Bengaluru emits about

8.6 million tonnes.

(e) Therefore, addressing the quantum of emissions from the

“Transport” and “Domestic” sector emerges to be the high

priority subjects under the overarching umbrella of

“Climate change mitigation” as committed to the UNFCC.

(f)

Encouraging “Electric Vehicles” as a viable option for

phased transportation in terms of short and long-distance

trips with appropriate “Charging Infrastructure” is therefore,

the pre-condition for this paradigm shift I phased migration

to sustainable transportation.

(g) For these changes are required in infrastructure provisions

(at Regional and City levels) and in Development Control

Regulations (in terms of provisions therein) to include the

formulations of norms and standards for “Charging

Infrastructure” in the said Master Plan Regulations and

UT/State Building Regulations for adoption across the

country suiting local conditions.

8.3

EV Charging Technology

8.3.1

Electric Vehicle Supply Equipment (EVSE) :

An EVSE is a wall mounted box that supplies electric energy for

recharging of electric vehicle batteries. Also, EVSEs have a

safety lock-out feature that does not allow current to flow from

the device until the plug is physically inserted into the car.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 135

EVSEs can be customized with added features like—

•

Authentication.

•

Integrated payment gateways.

•

Software for remote monitoring.

As electric vehicle charging technology continues to advance,

several standards and guidelines have become widely accepted

across the industry. Chapter 8 gives a brief overview of charging

infrastructure technology, standards, and terminology.

8.3.2

Different types of EVSE :

(a) Charging speeds : Charging power, which determines the

time required to charge a vehicle, can vary by orders of

magnitude across charge points, as shown in Table 8.3. A

small household outlet may charge as slowly as 1.2 KW,

while the most advanced rapid charging stations can charge

at up to 350 KW. Charging infrastructure is broadly broken

into three categories based on speed: Level 1, Level 2, and

direct current (DC) fast charging (sometimes referred to as

Level 3).

(Source: “Emerging Best Practices for Electric Vehicle

Charging Infrastructure”, Oct., 2017)

(b) Private Charging : Charging batteries of privately-owned

cars through domestic charging points. Billing is mostly

part of home domestic metering.

(c) AC “Slow” Charging : The home private chargers are

generally used with 230Vl15A single phase plug which can

deliver a maximum of up to about 2.5KW of power. The

EVSE supplies AC current to the vehicle's on-board

charger which in turn converts the AC power to DC

allowing the battery to be charged.

(d) Public Charging : For charging outside the home premises,

electric power needs to be billed and payment needs to be

collected. The power drawn by these chargers may need to

be managed from time to time.

(e) DC “Fast” Charging : DC current is sent to the electric

car’s battery directly via the charge port. FC chargers

(usually 50 KW or more) can supply 100 or more

kilometres of range per hour of charging. The fast chargers

would generally be used as a top-up, rather than fully

136

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

charging vehicles. These are important for cab companies

and corporate users who have a fleet of electric cars.

8.4

Options for EV Charging :

(a) There is an urgent need to offer flexible charging

infrastructure for different vehicle segments to drive

adoption of EVs. Charging infrastructure is the most crucial

enabler in the entire EV value chain. The exploration of

different charging models according to the local conditions

shall enable faster deployment of electric vehicles in the

country.

(b) EV share in all vehicles : It has been broadly projected that

by the current rate of adoption of EVs, about 15% of all

vehicles in the country would be EVs by the year-2020.

Therefore, while assuming percentage composition of all

proposed capacities in Public facilities of vehicle holding

capacity, the Metropolitan and 'Tier I' cities will be assumed

d to have a higher percentage share of EVs, say 20% for

now. The charging infrastructure prescriptions in all urban

development guidelines shall, therefore, be in consonance

with the said percentage.

(c) Power Load sanction to premises : While adding these

Charging Infrastructures to the proposed set of building

types of the Indian cities, enhanced Power Load shall have

to be had for each such building type by the Power

DISCOMs, commensurate to the total additional power

requirement of simultaneous operation of all the prescribed

charging points in the premise. With further advancement

of charging technologies and the enhanced capacity of

chargers to draw more power, it is advised that the load

capacity assigned to each premise should be kept with a

safety factor of 1.25 with a long-term vision of 30 years.

Table 8.3:—EVs charging “modes” and ‘availability’

Vehicle type

Slow Charging Fast

Charging

Public CI

2 Wheelers

Y

N

Yes/Limited

3 Wheelers

Y

N

Yes/Limited

PVs (Cars)

Y

Y

Yes

PVs (Buses)

N

Y

Yes

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 137

Table 8.4:—Charging options for EV types (by ownership)

Vehicle type Private CI Public CS Predominant place of charging

2 Wheelers

SC/BS

SC

Point of residence/work

3 Wheelers

SC/BS

SC/BS

Residence/Parking stations

PVs (Cars)

SC/BS

FC

Residence/Point

of

work/other

public places

PVs (Buses)

_

FC/BS

Bus Terminals/Depots

Note:—

• The option of Battery Swapping (BS) for privately owned

2Ws and PV (Cars) is limited to Private CI.

• For 3 W as the BS is proposed to be made available in

PCS, for faster recharge experience only.

• For PV (Buses), Captive Fast charging infrastructure for

100% internal use for fleets maybe adopted by privately

owned Depots/Garages.

(d) Based on the above stated EV charging technologies

available and the current trend of evolving technologies of

faster charging experience, the Ministry of Power has

issued Guidelines and Standards for setting up Charging

Infrastructure for Electric Vehicles [Ministry of Power

(MoP) Guidelines dated 14.12.2018] for charging

infrastructure to be installed at every Public Charging

Station (PCS).'Connectivity regulations and Safety norms'

shall be defined by respective authorities such as Central

Electric Authority/MoP for grid access to such PCS/any

other charging station infrastructure.

8.5 Charger Specifications and PCS Infrastructure :

Any installed PCS shall have one or more electric kiosk boards

with installation of all charger models as prescribed in the

Guidelines and Standards notified by Ministry of Power, dated 14

December, 2018 for “Charging Infrastructure for EVs”, with other

necessary arrangements as deemed necessary.

138

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

Public Charging Station service providers shall be free to create

charging hubs and to install additional number of kiosk chargers in

addition to the minimum chargers prescribed vide the MoP

Guidelines, including options for installation of additional chargers,

if required.

Notes:—

• Minimum infrastructure requirements do not apply to

Private Charging Points meant for self-use of individual

EV owners (non-commercial basis).

• Captive charging infrastructure for 100% internal use for

a company's own fleet will not be required to install all

type of chargers and to have NSP tie ups.

8.6 Location of PCS/FCB CS in local area/building precincts :

In accordance with the Guidelines issued by the Ministry of Power

(MoP), following minimum standards with regard to density of l

distance between PCS in local level facilities in building premise l

urban precincts shall be followed as per provisions in the Model

BBL, 2016—

(a)

At the Local levels (within the urban area): Atleast

1Public Charging Station is to be available within a grid of

3Km x3Km.

(b)

At the Building premise levels (for various building

types):

•

Private charging infrastructure (non-commercial use)

for individuals.

•

For all commercial modes of charging EVs, at least

1PCS, as per minimum specifications laid under

MoP guidelines.

•

Standalone Battery Swapping Stations may be added

with the PCs.

8.6.1

Along Highways and intercity corridors :

(a) At every 25 Kms. on both sides of highways roads, at least

1 PCS is to be setup.

(b) At every 100 Kms. on both sides of highways/roads, at

least 1 Fast Charging/FCB Charging Station as per

specifications (May be coupled with PCS).

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 139

(c) Standalone Battery Swapping Stations may be added with

the PCS.

8.6.2

In Regional level Industrial SEZs I other Industrial Parks/

Estates:

Land for at least 1PCS is to be reserved within a grid of 10 Km x

10 Km of the designated industrial area/park/estates.

8.7

Guidelines and Standards for Charging Infrastructure of

Electric Vehicles:

Private charging at residences/offices shall be permitted.

DISCOMs may facilitate the same. Setting up of Public Charging

Stations (PCS) shall be a de-licensed activity and any

individual/entity is free to set up public charging stations,

provided that, such stations meet the technical as well as

performance standards and protocols laid down below as well as

any further norms/standards/specifications laid down by

Ministry of Power and Central Electricity Authority from time to

time:—

(a) Any person seeking to set up a Public Charging Station

may apply for connectivity and he shall be provided

connectivity on priority by the Distribution Company

licensee to supply power in the area.

(b) Any Charging Station/Chain of Charging Stations may also

obtain electricity from any generation company through

open access.

8.8

Public Charging Infrastructure (PCI)-Minimum Require-

ments

8.8.1

Every Public Charging Station (PCS) shall have the

following minimum infrastructure:

(a) An exclusive transformer with all related substation

equipment including safety appliance.

(b) 33/11 KV line/cables with associated equipment including

as needed for line termination/metering etc.

140

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

(c) Appropriate civil works.

(d) Adequate space for Charging and entry/exit of vehicles.

(e) Current international standards that are prevalent and used

by most vehicle manufacturers internationally are CCS and

CHAdeMO. Hence, Public Charging Stations shall have,

one or more electric kiosk/boards with installation of all the

charger models as follows :

(f)

The kiosk/board may have options for installation of

additional chargers, if required.

(g) The Public Charging Station Providers are free to create

Charging Hubs and to install additional number of

Kiosk/Chargers in addition to the minimum number of

chargers prescribed above.

(h) Tie up with at least one online Network Service Providers

(NSPs) to enable advance remote/online booking of

charging slots by EV owners. Such online information to

EV owners should also include information regarding

location, types and numbers of chargers installed/available

etc.

(i)

Share charging station data with appropriate DISCOM and

to maintain appropriate protocols as prescribed by such

DISCOM for this purpose. CEA shall have access to this

database.

(j)

Appropriate public amenities.

(k) Where, in addition to the above, fast charging facility is

also planned to be provided at the PCS by the PCI provider,

the following additional infrastructure must be provided:—

(i)

Appropriate Liquid Cooled cables if High Speed

Charging Facility for on board charging of Fluid

Cooled Batteries (FCBs) is also planned.

(ii)

Appropriate Climate Control Equipment for Fast

Charging of Batteries to be used for swapping (i.e.

not on board).

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 141

Table 8—1: Specification of Charger Type

Charger Type

Charger

Connectors

Rated Voltage

(V)

No. of Charging

point/No. of

Connector guns

Fast

CCS (min 50

KW)

200-1000

1/1 CG

CHAdeMO

(min 50 KW)

200-1000

1/1 CG

Type-2 AC (min

22 KW)

380-480

1/1 CG

Slow/Moderate

Bharat DC-001

(15 KW)

72-200

1/1 CG

Bharat DC-001

(11 KW)

230

3/3 CG of 3.3

KW each

*In addition, any other fast/slow/moderate charger as per approved

BIS standards whenever notified.

8.8.2

Every Public Charging Station (PCS) shall be operational only

after inspection and clearance as communicated by a suitable

clearance certificate, by the concerned electrical inspectors/

technical personnel designated specifically by the respective

DISCOM for this purpose. DISCOMs may also empanel one or

more third party authorized technical agencies for this purpose.

8.8.3

Electric Vehicle Service Equipment (EVSE) shall be type tested

by an appropriate reputed authority.

8.8.4

The above minimum infrastructure requirements do not apply to

Private Charging Points meant for self-use of individual EV

owners (non-commercial basis).

8.8.5

Captive charging infrastructure for 100% internal use for a

company’s own/leased fleet for its own use will not be required

to install all type of chargers and to have NSP tie ups.

8.8.6

Public Charging Station can also have the option to add Stand

alone battery swapping facilities in addition to the above

mandatory facilities, provided space/other conditions permit.

142

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

8.9

Public charging Infrastructure (PCI) for long distance EVs

and/or heavy duty EVs :

8.9.1

Public charging stations for long distance EVs and/or heavy

duty EVs (like trucks, Busses etc.) shall have the following

minimum requirements :

(a) At least two chargers of minimum 100 kW (with 200 -1000

V) each of different specification (CCS & CHAdeMO) and

with single connector gun each in addition to the minimum

charging infrastructure requirements as mandated for

Public Charging Stations.

(b) Appropriate Liquid Cooled Cables for high speed charging

facility for on-board charging of Fluid Cooled Batteries

(currently available in some long range EVs).

(c) In addition to 8.8.1 (i) and (ii) above, the Fast Charging

Stations (FCS) for Long Distance EVs and/or Heavy Duty

EVs may also have the option of swapping facilities for

batteries for meeting the charging requirements as per

para 8.7 and para 8.8 (i) and above. It is notable that Fluid

Cooled Batteries (FCBs) are generally necessary for Fast

Charging/Long Distance use of EVs and/or for Heavy Duty

Vehicles like buses/trucks etc. FCBs will have higher

charging rate and longer life.

8.9.2

Such Fast Charging Stations (FCS) which are meant only for

100% in house/captive utilization, for example buses of a

company, would be free to decide the charging specifications as

per requirement for its in-house company EVs.

8.10 Location of Public Charging Stations :

8.10.1 In case of Public Charging Stations, the following minimum

requirements are laid down with regard to density/distance

between two charging points :

(a)

At least one Charging Station should be available in a grid

of 3 Km X 3 Km. Further, one Charging Station be set up

at every 25 Km on both sides of highways/roads.

(b)

For long range EVs (like long range SUVs) and heavy

duty EVs like buses/trucks etc., there should be at least

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 143

one Fast Charging Station with Charging Infrastructure

Specifications as per para 8.8.l at every 100 Kms, one on

each side of the highways/road located preferably

within/alongside the stations. Within cities, such charging

facilities for heavy duty EVs shall be located within

Transport Nagars, bus depots. Moreover, swapping

facilities are also not mandatory within cities for

Buses/trucks.

8.10.2 Additional public charging stations shall be set up in any area

only after meeting the above requirements.

8.10.3 The above density/distance requirements shall be used by the

concerned state/UT Governments/their Agencies for the twin

purposes of arrangement of land in any manner for public

charging stations as well as for priority in installation of

distribution network including transformers/feeders etc. This

shall be done in all cases including where no central/state

subsidy is provided.

8.10.4 The appropriate Governments (Central/State/UTs) may also give

priority to existing retail outlets (ROs) of Oil Marketing

Companies (OMCs) for installation of Public EV Charging

Stations (in compliance with safety norms including ‘firewalls’

etc.) to meet the requirements as laid above. Further, within such

ROs, Company Owned and Company Operated (COCO) ROs

may be given higher preference.

8.10.5 Any deviation from above norms shall be admissible only after

specific approval of State Nodal Agency in consultation with the

Central Nodal Agency.

8.11

Database of Public EV Charging Stations :

Central Electricity Authority (CEA) shall create and maintain a

national online database of all the Public Charging Stations

through DISCOMs. Appropriate protocols shall be notified by

DISCOMs for this purpose which shall be mandatorily complied

by the PCS/BCS. This database shall have restricted access as

finalized between CEA and Ministry of Power.

144

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

8.12

Tariff for supply of electricity to EV Public Charging

Stations :

8.12.1 The tariff for supply of electricity to EV Public Charging Station

shall be determined by the appropriate commission, provided

however that the tariff shall not be more than the average cost of

supply plus 15 (fifteen) per cent.

8.12.2 The tariff applicable for domestic consumption shall be

applicable for domestic charging.

8.13

Service charges at PCS/BCS :

8.13.1 Charging of EVs is a service as already clarified by Ministry of

Power vide letter No. 23/08/2018-R&R dated 13.04.2018.

8.13.2 The State Nodal Agency shall fix the ceiling of the Service

Charges to be charged by the Public Charging Stations.

8.14

Priority for Rollout of EV Public Charging Infrastructure :

After extensive consultations with State Governments and

different Department/Agencies of Central Government, phasing

as follows are laid down as national priority for rollout of EV

Public Charging Infrastructure.

8.14.1 Phase l (1-3 Years) :

All Mega Cities with population of 4 million plus as per census

2011, all existing expressways connected to these Mega Cities

& important Highways connected with each of these Mega Cities

shall be taken up for coverage.

8.14.2 Phase II (3-5 Years) :

Big cities like State Capitals, UT headquarters shall be covered

for distributed and demonstrative effect. Further, important

highways connected with each of these Mega Cities shall be

taken up for coverage.

The above priorities for phasing of rollout shall be kept in mind

by all concerned, including, different agencies of Central/State

Governments while framing of further policies/guidelines for

Public Charging Infrastructure of EV s, including for declaring

further incentives/subsidies for such infrastructure and for such

other purposes.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 145

8.15

Implementation Mechanism for Rollout :

8.15.1 Ministry of Power shall designate a Central Nodal Agency for

the rollout. All relevant agencies including Central electricity

Authority (CEA) shall provide necessary support to this nodal

agency.

8.15.2 Every State Government/UT shall nominate a Nodal Agency for

that State/UT for setting up charging infrastructure. The State

DISCOM shall generally be the Nodal Agency for such

purposes. However, State Government shall be free to select a

Central/State Public Sector Undertaking (PSU) including Urban

Local Bodies (ULBs), Urban/Area Development Authorities etc.

as its Nodal Agency.

8.16

Selection of Implementation Agency for Rollout :

8.16.1 The Central Nodal Agency shall finalize the cities and

expressways/highways to be finally taken up from the above

phasing, in consultation with the respective State Governments.

8.16.2 An Implementation Agency shall be selected by the respective

State Nodal Agency and shall be entrusted with responsibility of

installation, operation and maintenance of PCS/FCS/BCS/BSF

for designated period as per norms laid down in this document

and as entrusted by the concerned Nodal Agency. The

Implementation Agency can be an Aggregator as mutually

decided between Central and State Nodal Agencies. However,

they can also decide to choose different PCS/FCS providers for

bundled packages or for individual locations as mutually

decided. Further, whenever bundled packages are carved for

bidding, such packages shall necessarily include at least one

identified expressway/highway or part cohesive regional

package; the selected identified cities may be divided into one or

more parts as necessary for such purposes.

8.16.3 Where Implementing Agency is selected by bidding, all bidding

shall be conducted by the State Nodal Agency.

8.16.4 There shall be an upper cap on the Service Charges declared by

the State Nodal Agency as per para 8.12.2 above. Subsidy, if

admissible from Central/State Governments, shall be suitably

factored in such calculations of Upper Cap/Bid Variable.

(Source: Model Building Bye-laws, 2016, Town and Country

Planning Organisation, Ministry of Urban Development, now

Ministry of Housing and Urban Affairs (MoHUA).

146

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

CHAPTER 9

PROVISION FOR HIGH RISE AND TALL BUILDINGS

9.1

High Rise Building :

Buildings higher than 15m of height without stilts and above

17.5 m of height with stilts shall be considered as high-rise

buildings.

Note:—These provisions shall be in addition to the Chapter 2 for

plan sanction procedure, Chapter 4 for procedure

during construction, Chapter 5 for Zoning regulations

and Chapter 6 for Space requirement for different parts

of Building.

9.1.1

Plot Area :

Plots to be used for high rise development should be located in

an approved Layout plan, Comprehensive plans or subdivision

plans as prepared and approved by competent authorities as per

policy of the Government of India/State Governments.

9.1.2

Means of access :

The entrance gate shall fold back against the compound wall of

the premises, thus leaving the exterior access way within the plot

free for movement of fire service vehicles. If archway is

provided over the main entrance the height. of the archway shall

not be at a height less than 5m.

9.2

Building components :

9.2.1

Doorways :

(a) Every doorway shall open into an enclosed stairway, a

horizontal exit, on a corridor or passageway providing

continuous and protected means of egress.

(b) No exit doorway shall be less than 1m in width. Doorways

shall be not less than 2 m in height. Doorways for

bathrooms, water closet, stores etc. shall be not less than

0.75 m wide.

(c) Exit doorways shall open outwards, that is, away from the

room but shall not obstruct the travel along any exit. No

door, when opened, shall reduce the required width of

stairway or landing to less than 0.9 m, overhead or sliding

doors shall not be installed.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 147

(d)

Exit door shall not open immediately upon a flight of

stairs, a landing equal to at least the width of the door shall

be provided in the stairway at each doorway, level of

landing shall be the same as that of the floor which it

serves.

(e)

Exit doorways shall be openable from the side which they

serve without the use of a key.

(f)

Mirrors shall not be placed in exit ways or exit doors to

avoid confusion regarding the direction of exit.

9.2.2

Revolving Doors :

Revolving door shall not be provided as a means of fire exit.

9.2.3

Stairways :

(a)

A staircase shall not be arranged round a lift shaft.

(b)

The staircase shall be ventilated to the atmosphere at each

landing and a vent at the top; the vent openings shall be of

0.5 sq. m. in the external wall and the top. If the staircase

cannot be ventilated, because of location or other reasons,

a positive pressure 50 Pa shall be maintained inside. The

mechanism for pressurizing the staircase shall operate

automatically with the fire alarm. The roof of the shaft

shall be 1 m above the surrounding roof. Glazing or glass

bricks if used in staircase, shall have fire resistance rating

of minimum 2 hour.

(c)

The minimum width of staircase shall be as table given

below :—

Table 9—1 : Minimum width of staircase for different types of buildings

Type of Building

Width

Residential buildings (dwellings)

1.0 m

Residential hotel buildings

1.5 m

Assembly buildings like auditorium, theatres and

cinemas

2.0 m

Educational buildings up to 30 m in height

1.5 m

Institutional buildings like hospitals

2.0 m

All other buildings

1.5 m

148

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

(d) The minimum width of treads without nosing shall be

0.25 m for staircase for residential buildings. In the case of

other buildings, the minimum tread shall be 0.3 m. The

treads shall be constructed and maintained in a manner to

prevent slipping. The maximum height of riser shall be

0.19 m in the case of residential buildings and 0.15 m in the

case of other buildings and shall be limited to 15 risers per

flight.

(e) Handrails shall be provided with a minimum height of

0.9 m from the centre of the tread.

(f)

The minimum headroom in a passage under the lading of a

staircase and under the staircase shall be 2.2 m.

(g) Access to main staircase shall be gained through adequate

fire resistance rating (for various types of construction for

structural and non-structural members shall be as given in

Table 1 of Part IV of the NBC 2016 and for building

elements/components such as walls, columns, beams and

floors shall have the requisite fire resistance rating in

accordance with the accepted standards at Tables 2 to 18 of

Part IV of the NBC, 2016). Automatic closing doors placed

in the enclosing walls of the staircases. It shall be a swing

type door opening in the direction of the escape.

(h) No living space, store or other fire risk shall open directly

into the staircase or staircases.

(i)

External exit door of staircase enclosure at ground level

shall open directly to the open spaces or can be reached

without passing through any door other than a door

provided to form a draught lobby.

(j)

The exit sign with arrow indicating the way to the escape

route shall be provided at a height of 1.5 m from the floor

level on the wall and shall be illuminated by electric light

connected to corridor circuits. All exit way marking signs

should be flushed with the wall and so designed that no

mechanical damage shall occur to them due to moving of

furniture or other heavy equipments. Further all landings of

floor shall have floor indication boards indicating the

number of floors. The floor indication board shall be placed

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 149

on the wall immediately facing the flight of stairs and

nearest to the landing. It shall be of size not less than 0.5x

0.5 m and it shall be prominently on the wall facing the

staircase.

(k) In case of single staircase, it shall terminate at the ground

floor level and the access to the basement shall be by a

separate staircase. However, the second staircase may lead

to basement levels provided the same is separated at ground

level by either a ventilated lobby with discharge points at

two different ends or through enclosures with fire

resistance rating door (Table 1 of Part IV of the NBC, 2016

and Tables 2 to 18 of Part IV of the NBC, 2016) or through

a fire protected corridor.

9.2.4

Lifts :

General requirements of lifts shall be as follows:—

(a) All the floors shall be accessible for 24 hours by the lifts.

The lifts provided in the buildings shall not be considered

as a means of escape in case of emergency. In a dual line

arrangement (lifts opposite to each other) the lobby may be

between 1.5 times to 2.5 times the depth of one car. For in-

line (single line) arrangements the lobby may be typically

half of the above recommendations.

(b) Grounding switch, at ground floor level, to enable the fire

service to ground the lift shall also be provided.

(c) The lift machine room shall be separate and no other

machinery shall be installed therein.

(d) Walls of lift enclosures and lift lobby shall have fire rating

of 2 hour; ((Table 1 of Part IV of the NBC, 2016 and

Tables 2 to 18 of Part IV of the NBC, 2016) lifts shall have

a vent at the top of area not less than 0.2 sq. m.

(e) Lift car door shall have a fire resistance rating of 1 hour.

(f)

Lift lobby doors in lift enclosures shall have fire resistance

as per Section (Table 1 of Part IV of the NBC, 2016 and

Tables 2 to 18 of Part IV of the NBC, 2016).

150

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

(g) Collapsible gates shall not be permitted for lifts and shall

have solid doors with fire resistance of at least 1 hour.

(h) If the lift shaft and lobby is in the core of the building, a

positive pressure between 25 and 30 Pa shall be maintained

in the lobby and a positive pressure of 50 Pa shall be

maintained in the lift shaft. The mechanism for

pressurization shall act automatically with the fire alarm; it

shall be possible to operate this mechanically also.

(i)

Lifts if communicating with the basement, the lift lobby of

the basements shall be pressurized with self-closing door

with fire resistance rating (Table 1 of Part IV of the NBC,

2016 and Tables 2 to 18 of Part IV of the NBC, 2016).

Telephone or other communication facilities shall be

provided in lift cars and to be connected to fire control

room for the building.

(j)

Exit from the lift lobby, if located in the core of the

building, shall be through a self-closing fire door of half an

hour fire resistance.

(k) Suitable arrangements such as providing slope in the floor

of lift lobby shall be made to prevent water used during

fire-fighting, etc., at any landing from entering the lift

shafts.

(l)

A sign shall be posted and maintained on every floor at or

near the lift indicating that in case of fire, occupants shall

use the stairs unless instructed otherwise. The sign shall

also contain a plan for each floor showing the locations of

the stairways. Alternate source of power supply shall be

provided for all the lifts through a manually operated

changeover switch.

(m) For Pressurization Specifications of various building

components refer NBC, 2016 Chapter 4 Fire and Life

Safety Clause 4.10 Pressurization of Staircases (Protected

Escape Routes).

9.2.5

Basements :

(a) Basement shall be permitted within the building envelope

only.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 151

(b) Each basement shall be separately ventilated. Vents with

cross-sectional area (aggregate) not less than 2.5 per cent of

the floor area spread evenly round the perimeter of the

basement shall be provided in the form of grills or

breakable stall board lights or pavement lights or by way of

shafts. Alternatively, a system of air inlets shall be

provided at basement floor level and smoke outlets at

basement ceiling level. Inlets and extracts may be

terminated at ground level with stall board or pavement

lights as before, but ducts to convey fresh air to the

basement floor level have to be laid. Stall board and

pavement lights should be in positions easily accessible to

the fire brigade and clearly marked ‘SMOKE OUTLET’ or

‘AIR INLET’ with an indication of area served at or near

the opening.

(c) The staircase of basements shall be of enclosed type having

fire resistance rating (Table 1 of Part IV of the NBC, 2016

and Tables 2 to 18 of Part IV of the NBC, 2016). The

staircase shall be situated at the periphery of the basement

to be entered at ground level only, from outside open air.

The staircase shall communicate with basement through a

lobby with self-closing doors with fire resistance rating as

per relevant NBC Code mentioned above.

(d) For travel distance Table 9—2 given below shall be

followed. If travel distance exceeds that given in the table

below, additional staircases shall be provided.

Table 9—2 : Travel Distance for Occupancy and Type of

Construction

Group of

Occupancy

Maximum Travel Distance Construction (m)

Type 1 &2

Type 3 & 4

1

2

3

Residential (A)

30.0

22.5

Educational (B)

30.0

22.5

Institutional (C)

30.0

22.5

Assembly (D)

30.0

30.0

Business (E)

30.0

30.0

152

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

1

2

3

Mercantile (F)

30.0

30.0

Industrial (G)

45.0

Construction type 3 and 4 not

permitted.

Storage (H)

30.0

Construction type 3 and 4 not

permitted.

Hazardous (J)

22.5

Construction type 3 and 4 not

permitted.

Notes:—

• For fully sprinkled building, the travel distance may be

increased by 50% of the values specified above.

• Ramps shall be counted as one of the means of escape

wherever permitted in National Building Code, 2016.

(e) In multi-story basements, intake ducts may serve all

basement levels, but each basement level and basement

compartment shall have separate smoke outlet duct or

ducts. Ducts so provided shall have the same fire resistance

rating as the compartment itself. Fire rating may be taken

as the required smoke extraction time for smoke extraction

ducts.

(f)

Mechanical extractors for smoke venting system from

lower basement levels shall also be provided. The system

shall be of such design as to operate on actuation of

heat/smoke sensitive detectors or sprinklers, if installed,

and shall have a considerably superior performance

compared to the standard units. It shall also have an

arrangement to start it manually.

(g) Mechanical extractors shall have an internal locking

arrangement, so that extractors shall continue to operate

and supply fans for HVAC shall stop automatically with

the actuation of fire detectors.

(h) Mechanical extractors shall be designated to permit 30 air

changes per hour in case of fire or distress call. However,

for normal operation, air changes schedule shall be as given

in Part 8, Building Services, Section 3, Air-conditioning,

Heating and Mechanical Ventilation of National Building

Code, 2016.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 153

(i)

Mechanical extractors shall have an alternative source of

supply.

(j)

Ventilating ducts shall be integrated with the structure and

made out of brick masonry or reinforced cement concrete

and when this duct crosses the transformer area or electrical

switchboard, fire dampers shall be provided.

(k) Use of basements for kitchens working on gas fuel shall not

be permitted, unless air conditioned. The basement shall

not be permitted below the ward block of a hospital/nursing

home unless it is fully sprinkled. Building services such as

electrical sub-stations, boiler rooms in basements shall

comply with the provisions of the Indian Electricity

Act/Rules. Boiler room shall be provided at the first

basement along the periphery wall with fire resistance

rating Table 1 of Part IV of the NBC, 2016 and Tables 2 to

18 of Part IV of the NBC, 2016) or shall be separated with

the blast wall.

(l)

If cut-outs are provided from basements to the upper floors

or to the atmospheres, all sides cut-out openings in the

basements shall be protected by sprinkler head at close

spacing so as to form a water curtain in the event of a fire.

(m) It is essential to make provisions for drainage of any such

water on all floors to prevent or minimize water damage of

the contents. The drain pipes should be provided on the

external wall for drainage of water from all floors. On large

area floors, several such pipes may be necessary which

should be spaced 30 m apart. Care shall be taken to ensure

that the construction of the drain pipe does not allow spread

fire/smoke from floor to floor.

9.2.6

Compartmentation :

(a) The building shall be suitably compartmentalized so that

fire/smoke remains confined to the area where fire incident

has occurred and does not spread to the remaining part of

the building.

(b) Compartmentation and Pressurization method shall be

adopted (as per clause 4.10 of Part 4 of NBC, 2016) to

154

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

protect escape routes against ingress of smoke, or toxic

gases into the

escape routes will be prevented.

Pressurization shall be adopted for high rise buildings and

building having mixed occupancy/multiplexes having

covered area more than 500 m2.

9.2.7

Corridors :

(a) Exit corridors and passageways shall be of width not less

than the aggregate required width of exit doorways leading

from them in the direction of travel to the exterior.

(b) The minimum width of a corridor in a residential building

shall be 1.0 m for single loaded and 1.8 m for double

loaded and in all other buildings shall be 1.5 m.

(c) Where

stairways

discharge

through

corridors

and

passageways, the height of corridors and passageways shall

be not less than 2.4 m.

(d) All means of exit including staircases lifts lobbies and

corridors shall be ventilated.

9.2.8

Glass Façade/Service Ducts/Shafts/Refuge Area/Vents :

(a) An Opening to the glass façade of min. width 1.5 m and

height 1.5 m shall be provided at every floor at a level of

1.2 m from the flooring facing compulsory open space as

well as on road side. Construction that complies with the

fire rating of the horizontal segregation and has any gap

packed with a non-combustible material to withstand

thermal expansion and structural movement of the walling

without the loss of seal against fire and smoke.

(b) Mechanism of Opening: The openable glass panel shall be

either left or right shall have manual opening mechanism

from inside as well as outside. Such openable panels shall

be marked conspicuously so as to easily identify the

openable panel from outside.

(c) Fire seal to be provided at every floor level between the

external glazing and building structure.

(d) The glazing used for the façade shall be of toughened

(tempered) safety glass as per I.S.2553.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 155

(e) To avoid fire propagation vertically from one floor to

another floor, a continuous glass I must be separated

internally by a smoke/fire seal which is of non-combustible

material having a fire resistance rating of not less than

2 hours.

(f)

Service ducts and shafts shall be enclosed by walls and

doors with fire resistance rating (clause Error! Reference

source not found. of Error! Reference source not

found.). All such ducts/shafts shall be properly sealed and

stopped fire ingress at all floor levels.

(g) A vent opening at the top of the service shaft shall be

provided having an area between one-fourth and one-half

of the area of the shaft.

(h) The openable vent of minimum 2.5% of the floor area shall

be provided. The openable vent can be pop out type or

bottom hinged provided with fusible link opening

mechanism and shall also be integrated with Automatic

Smoke Detection System

(i)

Alternate vertical glass panels of the façade shall be

openable type with the mechanism mentioned above in

order to ventilate the smoke.

(j)

Refuge areas covered with the glass façade shall have all

the panels fully openable (either left or right hinged) both

from inside as well as outside.

(k) Glass quality and Practice of use of Glass in buildings shall

have to be in conformity with the BIS codes as given in

Table 9—3 below:—

Table 9—3: Glass quality and Use of glass in buildings

IS Code

Specifications

1

2

2553 (Part 1):1990 Specification for safety glass: Part 1 General

purpose (third revision)

2835:1987

Specification for flat transparent sheet glass

(third revision)

438:1994

Specification for silvered glass mirrors for

general purposes (second revision)

156

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

1

2

5437:1994

Specification for figured rolled and wired glass

(first revision).

14900:2000

Specification for transparent float glass.

16231 Part 1

General methodology for selection

16231 Part 2

Energy and Light.

16231 Part 3

Fire and Loading

16231 Part 4

Safety related to Human Impact

9.3

Building Services :

9.3.1

Staircase and Corridor Lighting :

(a) The staircase and corridor lighting shall be on separate

service and shall be independently connected so as it could

be operated by one switch installation on the ground floor,

easily accessible to fire-fighting staff at any time

irrespective of the position of the individuate control of the

light points, if any.

(b) Staircase and corridor lighting shall also be connected to

alternate supply from parallel high-tension supply or to the

supply from the stand-by generator.

(c) Emergency lights shall be provided in staircase and

corridor/passageway, horizontal exits, refuge area; and all

wires and other accessories used for emergency light shall

have fire retardant property.

9.3.2

Electrical Services :

(a) The electric distribution cables/wiring shall be laid in

separate duct the duct shall be sealed at every floor with

non-combustible materials having the same fire resistance

as that of the duct. Low and medium voltage wiring

running in shaft and in false ceiling shall run in separate

conduits.

(b) Water mains, telephone cables, intercom cables, gas pipes

or any other service line shall not be laid in the duct for

electric cables. Use of bus ducts/solid rising mains instead

of cables is preferred.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 157

(c) The provision of dedicated telecommunication ducts for all

new building proposals is mandatory for conveyance of

telecommunication and other data cables.

(d) Separate circuits for water pumps lifts, staircases and

corridor lighting and blowers for pressurizing system shall

be provided directly from the main switchgear panel (for

detailed specifications refer NBC, 2016, chapter 4 Fire and

Life Safety).

9.3.3

Alternate Source of Electric Supply :

A stand-by electric generator shall be installed to supply power

to staircase and corridor lighting circuits, fire lifts, the stand-by

fire pumps, pressurization fans and blowers, smoke extraction

and damper system in case of failure of normal electric supply.

The generator shall be capable of taking starting current of all

the machines.

9.3.4

Air-conditioning :

Air-conditioning shall conform to the following :—

(a) Escape routes like staircases, common corridors, lift

lobbies, etc. shall not be used as return air passage.

(b) The ducting shall be constructed of sufficient gauge metal

in accordance with good practice.

(c) Wherever the ducts pass through fire walls or floors, the

opening around the ducts shall be sealed with materials

having fire resistance rating of the compartment.

(d) Where duct crosses a compartment which is fire rated, the

ducts shall be fire rated for same fire rating. Further

depending on services passing around the duct work, which

may get affected in case of fire temperature rising, the

ducts shall be insulated.

(e) Metallic ducts shall be used even for the return air instead

of space above the false ceiling.

(f)

Where plenum is used for return air passage, ceiling and its

fixtures shall be of non-combustible material.

158

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

(g) The materials used for insulating the duct system (inside or

outside) shall be of non-combustible material; glass wool

shall not be wrapped or secured by any material of

combustible nature.

(h) Air ducts serving main floor areas, corridors, etc. shall not

pass through the staircase enclosure.

(i)

The air-handling units shall be separate for each floor and

air ducts for every floor shall be separated and in no way

inter-connected with the ducting of any other floor.

(j)

If the air-handling unit serves more than one floor, the

recommendations given above shall be compiled with in

addition to the conditions given below.

(k) Proper arrangements by way of automatic fire dampers

working on smoke detector/or fusible link for isolating all

ducting at every floor from the main riser shall be made—

(i)

When the automatic fire alarm operates, the

respective air-handling units of the air-conditioning

system shall automatically be switched off.

(ii) The vertical shaft for treated fresh air shall be of

masonry construction.

(iii) The air filters of the air-handling units shall be of

non-combustible materials or fire rated.

(iv) The air-handling unit room shall not be used for

storage of any combustible materials.

(v) Inspection panels shall be provided in the main

trunking to facilitate the cleaning of ducts of

accumulated

dust

and

to

obtain

access

for

maintenance of fire dampers.

(vi) No combustible material shall be fixed nearer than

150 mm to any duct unless such duct is properly

enclosed and protected with non-combustible material

(glass wool or spyglass with neoprene facing enclosed

and wrapped with aluminium sheeting) at least

3.2 mm thick and which would not readily conduct

heat.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 159

9.3.5

Transformers :

(a) If transformers are housed in the building below the ground

level it shall be necessarily in the first basement in separate

fire resistance room of 4 hours rating. Transformer shall be

dry type and shall be kept in an enclosure with walls, doors

and cut-outs having fire resistance rating of 4 hour. The

room shall necessarily be at the periphery of the basement

having separate and direct access from open area at ground

floor through a fire escape staircase. The entrance to the

room shall be provided with a steel door of 2 hours fire

rating. A curb of a suitable height shall be provided at the

entrance in order to prevent the flow of oil from ruptured

transformer into other parts of the basement. The

switchgears shall be housed in a separate room separated

from the transformer bays by a fire-resisting wall with fire

resistance not less than 4 hours.

(b) The transformer shall be protected by an automatic foam

sprinkler system. When housed at ground floor level it/they

shall be cut-off from the other portion of premises by Fire

Resisting Walls of 4 hours rating.

(c) A tank of RCC construction of adequate capacity shall be

provided at lower basement level, to collect the oil from the

catch pit in case of emergency. The pipe connecting the

catch-pit to the tank shall be of non-combustible

construction and shall be provided with a flame-arrester.

(d) The electric sub-station shall be located in a separate

building in accordance to I.E. Rules 68(I) and 64(I) (a).

(e) If this is not possible due to site conditions, the sub-station

shall be located on the ground floor. As far as possible sub-

station shall not be installed in a basement, for such

situations special provisions like mechanical ventilation,

wherever required, cable ducting, cable trays, top/bottom

entry of HV/LV cable, hooks on Transformer(s) & HV

panels,

adequate

fire

detection

and

fire-fighting

arrangement, adequate drainage, effective measures to

prevent flooding etc. shall be provided. Adequate

precautions shall also be taken for water proofing to

160

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

prevent seepage of water. A ramp shall also be provided

with a slope, not steeper than 1 in 7, for easy movement of

equipment to and from sub-station.

(f)

Fire regulations-The installations shall be carried out in

conformity with the local regulations and rules thereunder

wherever they are in force. At other places NBC, 2016

guidelines shall be followed.

9.3.6

Gas supply :

(a) Town Gas/L.P. Gas Supply Pipes-Where gas pipes are run

in buildings, the same shall be run in separate shafts

exclusively for this purpose and these shall be on external

walls, away from the staircases. There shall be no

interconnection of this shaft with the rest of the floors.

(b) LPG distribution pipes shall always be below the false

ceiling. The length of these pipes shall be as short as

possible. In the case of kitchen cooking range area, apart

from providing hood, covering the entire cooking range, the

exhaust system should be designed to take care of 30 CUM

per minute per sq.m. of hood protected area. It should have

grease filters using metallic grill to trip oil vapours

escaping into the fume hood.

Note:—For detailed information on gas pipe installations,

reference may be made to Para 9 ‘Plumbing Services,

Section 3 Gas Supply’, of NBC, 2016.

(c) For large/commercial kitchens all wiring in fume hoods

shall be of fiber glass insulation. Thermal detectors shall be

installed into fume hoods of large kitchens for hotels,

hospitals and similar areas located in high rise buildings.

Arrangements shall be made for automatic tripping of the

exhaust fan in case of fire.

(d) If LPG is used, the same shall be shut off. The voltage shall

be of 24 V or 100 V DC operated with the external

rectifier. The valve shall be of the hand re-set type and shall

be located in an area segregated from cooking ranges.

Valves shall be easily accessible. The hood shall have

manual facility for steam or carbon dioxide gas injection,

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 161

depending on duty condition; and Gas meters shall be

housed in a suitably constructed metal cupboard located in

a well-ventilated space, keeping in view the fact that LPG

is heavier than air and town gas is lighter than air.

9.3.7

Boiler Room :

Further, the following additional aspects may be taken into

account in the location of Boiler/Boiler Room:—

(a) The boiler shall not be allowed in sub-basement but be

allowed in the first basements away from the escape routes.

(b) The boilers shall be installed in a fire resisting room of 4

hours fire resistance rating, and this room shall be situated

on the periphery of the basement. Catch pit shall be

provided at the low level. Entry to this room may be

provided with a composite door of two-hour fire resistance.

(c) The boiler room shall be provided with fresh air inlets and

smoke exhausts directly to the atmosphere.

(d) Foam inlets shall be provided on the external walls of the

building at the ground floor level to enable the fire services

to use foam in case of fire.

(e) The furnace oil tank for the boiler, if located in the

adjoining room shall be separated by fire resisting wall of

4-hour rating. Entry to this room shall be provided with a

composite door of 2-hour fire resistance. A curb of suitable

height shall be provided at the entrance in order to prevent

the flow of oil into the boiler room in case of tank rupture.

9.3.8

Helipad :

Buildings above 200 m in height, helipad may be provided.

9.3.9

Disaster Management (Fire Safety) :

Refer Part 4 of NBC 2016 for minimum requirements for fire-

fighting installations.

9.3.10 Structural Safety :

As per provisions made for Structural Safety in Chapter 6 of

MBBL 2016 and from Section 12.2.5.1 of NBC 2016 or its latest

version.

162

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

The application for seeking building permit shall be

accompanied with a report of Architect/Structural Engineer

certifying that the proposed structure has been designed

structurally keeping in view the safety measures against

earthquakes as indicated in the following Bureau of Indian

Standards (B.I.S.).

List of Codes Published by CED 39 (Earthquake Code Committee)

of Bureau of Indian Standards

Sr.

No.

Code No

Year of

Revised

Publicat-

ion

Year of

Reaffir-

mation

Title

1

2

3

4

5

1

IS 13935

2009

2014

Seismic Evaluation, Repair and

Strengthening

of

Masonry

Buildings-Guidelines.

2

IS 1893:

Part 1

2016

Criteria

for

Earthquake

Resistant Design of Structure-

Part 1 : General Provisions and

Buildings.

3

IS 4326

2013

Earthquake resistant design and

construction of buildings-Code

of practice.

4

IS 13920

2016

Ductile Design and Detailing of

Reinforced Concrete Structures

Subjected to Seismic Force-

Code

of

Practice

(First

Revision).

5

IS 13827

1993

2013

Improving earthquake resistance

of earthen buildings-Guidelines.

6

IS 13828

1993

2013

Improving earthquake resistance

of

low

strength

masonry

buildings-Guidelines.

7

IS 1893:

Part 2

2014

Criteria

for

Earthquake

Resistant Design of Structures-

Part 2 Liquid Retaining Tanks.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 163

1

2

3

4

5

8

IS 1893:

Part 3

2014

Criteria

for

Earthquake

Resistant Design of Structures

Part 3 Bridges and Retaining

Walls.

9

IS 1893:

Part 4

2015

Criteria

for

Earthquake

Resistant Design of Structures

Part 4 Industrial Structures

Including Stack-Like Structures

(First Revision).

10

IS 4967

1968

2015

Recommendations for Seismic

instrumentation for river valley

projects.

11

IS 4991

1968

2013

Criteria for blast resistant design

of structures for explosions

above ground.

12

IS 6922

1973

2013

Criteria for safety and design of

structures subject to under-

ground blasts.

9.3.11 Sustainable Environment and Buildings :

Refer CHAPTER 11 : of this document.

9.3.12 General :

(a) Architectural elements such as louvers, pergolas, other

sunshine materials should be free from FAR.

(b) Any architectural roof top structures would also be

permitted out of FAR if not used for habitable or

commercial purposes.

(c) Building elements such as sky bridges and landscape

terraces which are meant for community purposes only

shall be permitted free of FAR.

(d) Services can be permitted on roofs with adequate screening

for the same.

(e) Service floors shall not be counted in FAR. Service area on

habitable floors may be considered free from FAR.

(f)

Atrium/Atria at any floor will be counted only once in the

FAR. Atrium may be enclosed by light roofing or R. C. C.

as per NBC, 2016.

164

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

(g) Scissor staircase would be permitted provided all travel

distance and fire norms are adhered to.

(h) Stilts in high-rise will not be restricted to height. of 2.4m as

long as it is used for parking.

(i)

Multilevel car parking with car lifts would be permitted

with adequate fire safety.

9.4

Tall Building :

Building with height more than 50 m shall be considered as Tall

buildings. All the provisions and norms applicable for High Rise

Building shall be also applicable for Tall Buildings. In addition

to that, Tall Buildings shall be allowed only on the roads having

minimum ROW 60m with standard service lanes.

CHAPTER 10

RAINWATER HARVESTING

This chapter gives the mandatory requirements of water

conservation. The methods and techniques shall be adopted from

NBC, 2016.

10.1 The Rainwater Harvesting (RWH) system:

The harvesting of rainwater simply involves the collection of

water from surfaces on which rain falls, and subsequently storing

this water for use. The rainwater collected can be stored for

direct use or can be recharged into the underground aquifers. In

scientific terms water harvesting (broadly) refers to collection

and storage of rainwater from the rooftops. This also restricts

evaporation and seepage into building foundations. All buildings

having a plot size of 100 sq.m. Or more, while submitting the

building plans for sanction, shall mandatorily include the

complete proposal of rainwater harvesting.

A rainwater harvesting system consists of—

(a)

Roof catchment ;

(b)

Gutters ;

(c)

Down pipes ;

(d)

Rainwater/Storm water drains ;

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 165

(e)

Filter Chamber ;

(f)

Storage Tanks/Pits/Sumps ;

(g)

Ground Water recharge structures like pit, trench, tube well

or combination of above structure.

Rainwater Harvesting is a way to capture the rain runoff, store

that water above ground or charge the underground aquifers and

use it later. This happens naturally in open rural areas. But in

congested, over-paved metropolitan cities, there is a need to

devise methods to capture the rainwater. The rainwater that is

incident on the surface/rooftop is guided to bore wells or pits or

new/old/abandoned wells through small diameter pipes to

recharge the underground water which can be used later

whenever required.

Rainwater can be harvested to the extent of 55,000 litres per

100 sq. m. area per Year from rooftops.

10.2 Rainwater harvesting techniques:

There are two main techniques of rainwater harvestings—

(a)

Storage of rainwater on surface for future use.

(b)

Recharge to ground water.

The technical aspects and options of Rainwater harvesting from

which the city authorities can assess and choose to adopt

(Refer Appendix for the technical aspects and options as

suggested by Model Building Bye-Laws, 2016).

10.3 Harvesting provisions in various Building categories:

All buildings in a city contribute to the rainwater runoff during

the monsoon and hence such runoff can be harvested for water

reuse/recharge. The indicative provisions of rainwater harvesting

in various buildings types are:

Table 10—1: Provisions for Rainwater harvesting by building

types

Category

Use

Area

of

Plot (sq.m.)

Provision to be made

Other conditions

Residential Plotted Houses

New

Proposals

100 and

above

Construction of Rain water

Harvesting Structure

Shall have emphasis

on both storage and

reuse.

166

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

Category

Use

Area

of

Plot (sq.m.)

Provision to be made

Other conditions

Group Housing

New

Proposals

All

plot

sizes

(i) Construction

of

Rainwater Harvesting

Structure.

(ii) Concrete paving to be

avoided

and

permeable

materials

are to be used for all

open parking spaces.

(i) Should indicate

the system of

Strom

Water

Drainage,

Rainwater

Harvesting

Structure

and

Recharging

Well.

Public and Semi-public Buildings

All

Proposals

All

Plot

Sizes

(i) Shall have Rain water

Harvesting

Structure

and storage

(ii) Shall have Recharge

pits.

Shall have emphasis

on both storage and

reuse.

Commercial Mixed Use

All

Proposals

All

Plot

Sizes

Construction of Rainwater

Harvesting Structure.

Soft landscape provision

and

open

spaces

with

percolation pits.

Common treatment plant to

be

made

part

of

the

integrated

development,

funded

by

sale

of

commercial space.

Should indicate the

system

of

Strom

Water

Drainage,

Rainwater.

Harvesting Structure

and

Recharging

Well.

Shall have emphasis

on both storage and

reuse.

Industrial

All

Proposals

All

Plot

Sizes

Construction of Rainwater

Harvesting Structure.

Soft landscape provision

and

open

spaces

with

percolation pits.

Use of abandoned bore

wells for recharging of

ground water.

iii

Common

treatment

plant to be made part of the

integrated

development,

funded

by

sale

of

commercial space.

Should indicate the

system

of

Strom

Water

Drainage,

Rainwater.

Harvesting Structure

and

Recharging

Well.

Provision should be

made not to inject

contaminate

water

into

recharge

structures

in

industrial areas and

care is to be taken to

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 167

Category

Use

Area

of

Plot (sq.m.)

Provision to be made

Other conditions

keep such structures

away from

sewer

lines, septic tanks,

soak pits, landfill

and other sources of

contamination.

Other Uses

Other

Proposals

All

Plot

Sizes

Similar as above

Similar as above

10.4 Rainwater Harvesting Provisions for Open spaces in cities:

The open spaces/recreational land use generally constitute

regional parks, district parks, playground and stadium, sports

complex, monument zones, public parking, Plaza and other

public open space. This may be as high as 30% to 50% of the

city’s geographic area. All such public open spaces above the

size of 500 sq.m. shall have arrangements for complete

utilization and capture of storm water with scientific rainwater

harvesting arrangements.

Following ideas may also be included :—

(a)

Well cum Channel cum Percolation pits.

(b) Use of abandoned bore wells for recharging of ground

water.

(c)

Artificial or natural Storage of storm water runoff from

larger sites.

10.5

Ground Water Recharge:

Recharging of ground water should be made mandatory not only

for residential buildings but for all types of buildings, including

Group Housing Societies having a plot area more than 500 sq. m.

and above.

The Ground Water Recharge should also be mandatory for open

spaces like parks, parking, plazas and playgrounds. The

harvesting and recharge structures could be constructed by the

Authority

with

the

involvement

of

community-based

organizations like Resident Welfare Associations.

168

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

10.6

Enforcement and Monitoring:

(a)

The Authority shall constitute a Rainwater Harvesting Cell

which will be responsible for enforcement and monitoring

of the provisions of Rainwater Harvesting. The cell shall

employ qualified persons who are well versed with the

interpretation of Building Bye-laws and responsible for

enforcement as well as monitoring the functioning of the

Rainwater Harvesting System.

(b)

The Authority shall include inspection of Rainwater

Harvesting

Structures

before

issuing

Completion

Certificates or NOCs for service connections to the

property.

(c)

Set an example in the city by ensuring that Rainwater is

harvested in the properties/assets owned by them including

public buildings, markets, community enters, parking

spaces, roads, and parks etc.

(d)

The Authority shall also establish a mechanism to monitor

100% of RWH provisions in all the buildings above 1000

sq.m. with annual physical verification, while buildings less

than 1000 sq.m. can be monitored on the basis of 10%

random survey by BPIA.

(e)

With regard to open public spaces viz., Parks, playgrounds

etc. the implementation of provision rainwater harvesting

may be done with the help of Residents Welfare

Associations, Community Building Organization and Non-

Governmental Organizations.

(f)

The Authority shall ensure earmarking budgetary provision

for the creation and maintenance of rainwater harvesting

structures in public spaces owned and maintained by them,

like parking spaces, parks, plazas etc.

(g)

The practice of incentives and penalties to promote

rainwater harvesting shall be formulated by the local

authority based on best practices. Authority shall design its

own incentive and penalty systems, considering the water

level and scarcity.

Note:—For Methods of Rainwater Harvesting etc. refer

the NBC, 2016 or its latest version.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 169

CHAPTER 11

GREEN BUILDING AND SUSTAINABILITY

11.1 Provisions:

Modern buildings consume about 25 to 30% of total energy, and

up to 30 % of fresh potable water, and generate approximately

40% of total waste. Sustainable buildings have demonstrated

reduction in energy and water consumption to less than half of

the present consumption in conventional buildings, and complete

elimination of the construction and operational waste through

recycling.

Thus, all buildings on various plot sizes above 100 sq.m. Shall

comply with the green norms and conform to the requirements

mandatory for sanction as mentioned in this chapter.

These provisions are not specific to any rating system and are

not intended to provide a single metric indication of overall

building performance. These provisions allow the practitioners to

easily exercise their engineering judgment in holistically and

objectively applying the underlying principles of sustainability to

a development or building facility, considering its functionality

and required comfort level.

11.2

Provisions and Applicability:

The green building provisions on various plot sizes are indicated

in the table below:—

Table 11—1: Provisions and applicability for various plot sizes

(Residential and Non-Residential)

Plot

Cate-

gory

Applicable

Plot area

Provision for Residential

Provision for Non-

Residential

I

Up to 100

Nil

Nil

II

100 to 500

1(a), 2(a), 2(b), 4(a)

1(a), 2(b), 4(a)

500 to 1000

1(a), 1(c), 2(b), 3(c) 4(a)

1(a), 1(c), 2(a), 2(b),

3(c), 4(a)

1000 to 3000

1(a),1(c),1(d),2(a), 2(b),

3(b), 3(c)

1(a),1(c),1(d),2(a),

2(b), 3(b), 3(c)

III

Above 3000

1(a),1(b),1(c),1(d),2(a),

2(b), 3(a)

1(a),1(b),1(c),1(d),2(a),

2(b), 3(a)

*Note :—Provisions marked 1(a), 2(b) etc. are as per section 13.3.

170

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

The schemes/projects formulated on the basis of provisions

given in Master plan/Zonal Development Plan will require

approval as indicated :

EIA/ECC (as per MoEF and CC), National Building Code, 2016

or its latest version, ECBC 2007 or latest, BEE Star rating/LEED

of IGBC/GRIHA of TERI Certification.

EIA—Environmental Impact Assessment Study Report,

ECC—Environmental Clearance Certificate,

MoEF—Ministry of Environment and Forest,

National Building Code, 2016 or its latest version—National

Building Code,

ECBC—Energy Conservation Building Code,

BEE—Bureau of Energy Efficiency,

LEED—Leadership in Energy and Environment Design,

IGBC—Indian Green Building Council,

GRIHA—Green Rating for Integrated Habitat Assessment,

TERI—The Energy and Resources Institute.

The prevailing provisions of the above shall be applicable.

However, if there are any modification in the same, the modified

provisions shall become automatically applicable.

11.3 Provisions for Sanction :

1. Water Conservation and Management—

(a) Rainwater Harvesting

(b) Low Water Consumption Plumbing Fixtures

(c) Wastewater Recycle and Reuse

(d) Reduction of Hardscape

2. Solar Energy Utilization—

(a) Installation of Solar Photovoltaic Panels

(b) Installation of Solar Assisted Water Heating Systems

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 171

3. Energy Efficiency (Concept of passive solar design of buildings)

(a) Low Energy Consumption Lighting Fixtures (Electrical

Appliances—BEE Star and Energy Efficient Appliances).

(b) Energy Efficiency in HVAC systems.

(c) Lighting of Common areas by solar energy/LED devices.

4. Waste Management

(a) Segregation of Waste

(b) Organic Waste Management

In case owners of properties desire to procure green building

ratings from one or more rating bodies, they may suitably

incorporate any other provisions if required and additional

incentive FAR as per Master Plan may be availed.

11.3.1 Provisions for City and Site level greening:

In alignment with National Sustainable Habitat Mission, the

Authority shall encourage augmentation of green cover in the

city/plot, by following :—

The Urban Greening Guidelines, 2014 and other provisions as

given below:—

(a)

Provision of minimum 1 tree/every 80 sq. m. of plot area

for plot sizes >100 sq. m. and planted within the setback of

the plot.

(b)

Compensatory Plantation for felled/transplanted tress in

the ratio 1:3 within the Premises under consideration.

(c)

Choice of species for plantation in site and abutting the road

to be adopted as per Section 8 of the Urban Green

Guidelines, 2014.

(d)

The unpaved area shall be more than or equal to 20% of

the recreational open spaces.

11.3.2 Water Re-use and Recycling:

All building having a minimum discharge of 10,000 Litres and

above per day shall incorporate wastewater recycling system. The

recycled water should be used for horticultural purposes (Details

are explained in Chapter 14 Grey Water Recycling).

172

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

11.3.3 Rooftop Solar Energy Installations :

Rooftop photovoltaic power station, or rooftop PV system, is a

photovoltaic system that has its electricity-generating solar

panels mounted on the rooftop of residential or commercial

buildings. The various components of such a system include

photovoltaic modules, mounting systems, cables, solar inverters

and other electrical accessories. Rooftop PV systems are faster

than other types of renewable power plants. They’re clean, quiet,

and visually unobtrusive. Table 10.2 below stipulates the Norms

for Rooftop Solar PV Installation.

Table 11—2 : Norms for Rooftop Solar PV Installation and

generation

S.

No.

Category of

buildings/area

Area standards

Generation requirement

Plotted Housing

1.

Plotted

Housing

For HIG Plots

and above

Minimum 5% of connected

load

or

20W/sq.ft.

for

“available

roof

space”**,

whichever is less.

2.

Group

Housing

All proposals,

as per Group

Housing

Norms

Minimum 5% of connected

load or 20W/sqft for “available

roof space”, whichever is less.

All other buildings (Government or Private, defined as per

clause 1.16 b to g) (mandatory for buildings having shadow free

rooftop area > 50 sq.m.)

3.

Educational

Plot size of 500

sq.m.

and

above

Minimum 5% of connected

loador

20W/sq.ft.

for

“available roof

space”,

whichever is less.

4.

Institutional

5.

Commercial

6.

Industrial

7.

Mercantile

8.

Recreational

* Area provisions on roof top shall be @12 sq. m. per 1KWp,

as suggested by Ministry of New and Renewable Energy.

** “Available roof area”=70% of the total roof size, considering

30% area reserved for residents’ amenities.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 173

11.3.4 Installation of Solar Assisted Water Heating System in

Buildings :

(a)

No new building in the following categories in which there

is a system of installation for supplying hot water shall be

built unless the system of the installation is also having an

auxiliary solar assisted water heating system:—

(i)

Hospitals and Nursing Home.

(ii)

Hotels, Lodges, Guest Houses, Group Housing with

a plot area of 4000 sq. m.

(iii) Hostels of Schools, Colleges and Training Centres

with more than 100 Students.

(iv)

Barracks of armed forces, paramilitary forces and

police.

(v)

Individual residential buildings having more than

150 sq m. plinth area.

(vi)

Functional Buildings of Railway Stations and Air

Ports like waiting rooms, Retiring rooms, rest

rooms, inspection bungalows and catering units.

(vii) Community Centres, Banquet Halls, Barat Ghars,

Mangal Karyalayas and Buildings for similar use.

(b)

Definitions :

(i)

“Solar Assisted Water Heating System”.—A device

to heat water using solar energy as heat source.

(ii)

“Auxiliary back-up” Electricity operated or fuel

fired boilers/systems to heat water coming out from

solar water heating system to meet continuous

requirement of hot water.

(iii) “New Building” Such buildings of above said

categories for which construction plans have been

submitted to the Authority for clearance.

(iv)

“Existing building” Such buildings, which are

licensed to perform their respective business.

174

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

(c)

Installation of Solar Water Heating System :

(i)

New Buildings : Clearance of plan for the

construction of new buildings of the aforesaid

categories shall only be given if they have a

provision in the building design itself for an

insulated pipeline from the rooftop in the building to

various distribution points where hot water is

required. The building must have a provision for

continuous water supply to the solar water heating

system. The building should also have open space

on the rooftop, which receives direct sun light. The

load bearing capacity of the roof should at least be

50 kg. per sq. m. All new buildings of above said

categories must complete installation of solar water

heating systems before obtaining necessary license

to commence their business.

(ii)

Existing Buildings : Installation of Solar Assisted

Water Heating Systems in the existing building

shall be made mandatory at the time of change of

use to above said category provided there is a

system or installation for supplying hot water.

(d)

Capacity : The capacity of solar water heating system to

be installed on the building of different categories shall be

decided in consultation with the local bodies. The

recommended minimum capacity shall not be less than 25

litres per day for each bathroom and kitchen subject to the

condition that maximum of 50% of the total roof area is

provided with the system.

(e)

Specifications : Installation of Solar Assisted Water

Heating Systems shall conform to BIS specification IS

12933. The solar collectors used in the system shall have

the BIS certification mark.

(f)

Auxiliary System : Wherever hot water requirement is

continuous, auxiliary heating arrangement either with

electric elements or oil of adequate capacity can be

provided.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 175

11.3.5 Sustainable Waste Management :

Zero Waste is a concept of waste management and planning

approaches that emphasize waste prevention as opposed to end

waste management. This means restructuring production and

distribution systems, designing and managing products and

processes to systematically follow the 3R rule of Reduce, Re-use

and Re-cycle the volume of waste, to conserve and recover all

used resources, and therefore eliminating all discharges to

landfills, and prevent air, water and land pollution. Zero

Waste/land-fill can be achieved by adopting systematic approach

of segregation at source by planning, by collection facilitation

and most importantly by creating public awareness. The green

waste can be converted into fuel cakes, kitchen waste into

manure, construction & demolition waste into bricks, plastic

waste into oil, paper, and glass and steel back into the same and

all residual inert materials can also be converted into bricks.

Achieving zero land -fill is more conveniently possible, if—

(a) The collection is made from house to house and some

segregation is done at household level

(b) Separate wet and dry bins must be provided at the ground

level.

(c) The recycling is done at decentralized, say, ward or even

lower levels.

11.3.6 Sustainability of Building Materials :

Sustainability of natural resources for building materials shall be

ensured through Conservation of available natural resources and

use of supplementary materials such as Industrial/agricultural

by-products, renewable resources, and factory-made building

components and recycled construction and demolition waste.

Supplementary building materials (derived or processed waste)

shall be suitably used in combination with conventional

resources offers dual advantages in purview of Health &

environmental benefits.

176

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

Use of Factory made pre-fab/pre-cast and recycled components

with Green benefits :

(a)

Panels, hollow slabs, hollow blocks-etc.-conservation of

materials, less water requirement.

(b)

Fly Ash bricks, Portland Pozzolana cement, Fly ash

concrete, phosphorgypsum-based walling and roofing

panels,

particle

wood-recycled

use

of

industrial/

agricultural by-products.

(c)

Fly ash/AAC (Autoclaved aerated lightweight\concrete)

panels/CLC (Cellular lightweight concrete) panels-ensures

thermal comfort (significant reduction in air conditioning

requirement).

(d)

Use of bamboo and rapidly growing plantation timbers-

environmental benefits. Local materials are generally

suitable for prevailing geo-climatic conditions and have

advantage of low transportation cost and time. Sustainable

use of building materials shall be encouraged which may

combine certain mandatory provisions and incentives.

11.4 Various Guidelines for Green Rating systems :

The accreditation with the regulator-Bureau of Energy

Efficiency, Ministry of Power, GoI-will make the firms eligible

for Green Rating systems.

CHAPTER 12

GREY WATER RECYCLING

Whereas it is expedient to regulate the activities such as :—

(a)

Pre-treatment of Grey Water, sewage and grey water

before it is accepted for reuse for the purpose of non-

portable use ;

(b)

Installation of flow meters, samplers or other devices to

measure flow and quality of the sewage, recycled water

and industrial waste discharge ;

(c)

Pre-treatment of Grey water and Sewage as per

classification before it is accepted for discharge to the

sewerage system ;

(d)

Separation of non-portable water plumbing and portable

water plumbing ;

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 177

(e)

Sampling and monitoring of industrial waste discharges to

ensure compliance of conditions under the bye-laws;

(f)

Encouraging the use of treated recycles water for

non-portable use.

12.1 Definitions :

In these Bye-Laws :

‘Grey Water’ means water involving water from sinks, tubs,

showers and washing.

‘Industrial/Commercial Premises’ means any premises which is

being used or intended to be used (whether for profit or not) for

carrying on any trade, business, education, research or industry.

‘Commercial Waste’ or ‘Wastes’ are the waste removed from an

industrial plant or other premises by way of discharge of any

liquid, with or without matter in suspension or solution therein,

that is or may be discharged from trade premises in the course of

any trade or industrial process or operation or in the course of an

activity or operation of alike nature.

‘Inspector’ includes whoever the President/Executive Officer of

Municipal Committee/Council has appointed in writing for the

purposes of these bye-laws.

‘ISO5667’ means the latest edition complete with any

amendments, of international Standards ISO 5667:2003 Water

Quality Sampling.

Part 1: 1980 Guidance on the design of Sampling programmes.

Part 2: 1991 Guidance on sampling techniques.

Part 3: 1994 Guidance on the preservation and handling of

samples.

Part 10: 1992 Guidance on sampling of Grey water.

‘ISOTR9824’ means the latest edition complete with any

amendments,

of

international

Standard

ISO

TR

9824:

Measurement of liquid flow in open channels.

178

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

Part 1: 1990 Measurement of free surface flow in closed

conduits Methods.

Part 2: 1990 Measurement of free surface flow in closed

conduits Equipment.

‘Sewerage System’ means all types of sewer, appurtenances,

pumping stations, storage tanks, waste water treatment facility

plants, marine outfalls and other related structures existing in the

urban area and used for the reception, treatment and disposal of

waste water and also termed as “waste water system”

‘Waste minimization’ means the implementation on trade

premises, of operations and restrictions, appropriate to the goal

of reducing or eliminating the quantity and toxicity of wastes.

Section ‘A’ Applicability of Grey Water Reuse Bye-laws

12.1.1 Applicable to all group housing, commercial and industrial

premises which fall in one of the following categories :—

Category 1: Whose plot area is more than 2000 Sq. m.

Category 2: Water quota is more than 40,000 litres/day.

Category 3: Premises which has more than 50 dwelling unit of

any kind.

12.1.2 Exemptions

could

be

accorded

under

following

circumstances, as decided by the authority :

In case the existing premises cannot permit the provision of

additional overhead tank for the purpose of the use of treated

water.

If, in the existing structure, there is no space for installation of

treatment facility and collection chamber.

12.2 Enforcement of Bye-Laws :

In case of existing properties, President/Executive Officer of

Municipal Committee/Council or his authorized officer will

issue a notice to the occupier for making arrangements of for

reuse of Grey Water within specified time.

In case of proposed/intending/under redevelopment properties,

the occupier/developer/builder will submit an application

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 179

directly

or

through

his

authorized

consultant

to

the

President/Executive Officer of Municipality Committee/Council

with details of proposed ‘Discharge management Plan’ along

with the application for demand of water permission to connect

the Grey Water/Sewerage to municipal sewerage system where

ever applicable.

12.3

Granting a Permission :

Every premises will be granted permission for the discharge of

industrial waste or wastes to the municipal sewerage system only

if the recycling measures and conditions set forth in schedules

issued under this bye-law are fulfilled.

12.4

Waste tests and their results :

An occupier of an industrial plant or premises requiring a license

shall provide to the President/Executive Officer of Municipal

Committee/Council or an authorized officer once a year for the

purpose of receiving a license, test results of the industrial wastes

discharged from the plant or premises.

Without derogating the provisions specified in this Building

Bye-laws, the occupier of a premises requiring a license or the

occupier of a controlled plant or premises, shall provide to the

Authority, the test results of the industrial wastes or waste

discharged from the plant or premises at any time he is requested

in writing to do so by the President/Executive Officer of

Municipality Committee/Council.

The testing of wastes and the submission of the results shall be

done in a manner in accordance with the terms and conditions

prescribed by the Authority or an authorized officer in this regard.

This bye-law accords the Authority, his agent or an authorized

officer of their authority to visit the plant premises at any

reasonable time.

12.5

Notices for testing of discharge :

The Authority may order the testing of sample industrial waste or

wastes as described in clause 12.4 of this Building Bye-laws, he

180

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

feels that the circumstances so demand and he may, by written

notice, direct the plant or premises occupier to pay the expenses

of performing such tests.

A controlled plant whose occupier received notice as stated in

clause 12.4 of this Building Bye-Laws shall comply the

provisions of Clause 12.3 of this Building Bye-Laws prescribed

above for that purpose.

12.6 Operational Permission for the Grey Water Recycling

Treatment Plant :

The Authority may determine on the basis of test results of the

wastes that were provided to him or that were performed at his

instance or behalf, that a recycled water plant is fulfilling the

requirements and will issue permission in writing to put the plant

on permanent to the occupier.

The occupier shall operate the plant as specified.

12.7 Separation of Grey Water :

The wastes from toilets in the premises will be separated from

grey water that is of bathroom and kitchen wastes by means of

separate down take discharge system. The grey water shall be

recycled by providing recycling plant and shall be reused for

non-portable purposes after storing the same in distinctly

separate tank by means of purple coloured down take pipes. The

water quality shall conform to standards of non-potable water.

The recycled water shall be tested once in six months and results

shall be made available to Authority or his authorized officer

whenever demanded.

The make-up connection to the system will be done at the

collection tank of the treated water, through a free fall if from

Municipal water connection, but preferable from a local source

like bore-well.

12.8 Conditional Waste Discharge Permission :

Waste discharge of the conditional type plant will be allowed on

the issuance of conditional permission provided the conditional

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 181

type plant has recycling and reuse of water facility and not

exceeding limits given in as per Jammu and Kashmir Pollution

Control Board (JKPCB) norms.

12.9 Mandatory notice regarding changes :

An occupier of premises shall inform the Authority of any

change in the quality, nature or quality of the wastes discharged

from his plant or premises, the manner of their discharge or

extra requirement of external supply of water in variation or

violation of license under these Bye-laws.

12.10 Authority to change license/notice conditions :

The Authority or his authorized officer, having given a license or

a notice in writing, may revoke, modify or stipulate conditions to

the license or notice if not satisfied on inception of the plant,

premises or test reports.

12.11 Delivery of Notice/Permission :

Notice/permission required by this bye-law shall be deemed to

have been delivered lawfully if it is given in to the hand of their

intended receiver with acknowledgement, or delivered to his

place or residence or his place of occupation or place known to

be so with acknowledgement, or to adult member of his family or

to an adult employee with acknowledgement, or if sent by

registered mail to the same person according to his place of

residence, of normal place of employment recently known to be

so. If it is not possible to make the delivery as stated, the notice

will be assumed to have been delivered lawfully if the notice is

pasted in a conspicuous place in one of the above stated

locations.

12.12 Corrective action :

Any person violating the provisions of these bye-laws shall be

fined Rs. 5000/- only on the day of detection and if the violation

continues shall be fined Rs. 100/- only for every day as a

corrective action after a written notice from the Authority or his

authorized officer is delivered to him.

Failure to operate (as determined by the Inspector or authorized

officer of MC Municipality from the observations of test results

182

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

and/or physical verification) the recycling plant will attract a

penalty of Rs. 500/- per day and/or disconnection of water

connection.

12.13 Authorization of Officers :

The Authority will authorize his officers/inspectors and will

delegate the necessary powers for carrying various duties under

this bye-law.

CHAPTER 13

CLIMATE RESILIENT CONSTRUCTION-INTEGRATION OF

ENVIRONMENTAL CLEARANCE WITH SANCTION

Land,

Air,

Noise,

Water,

Energy,

biological/socio-

economic/solid/other waste management are the main facts

considered in relation to Pre, during and Post. Building

Construction

for

Sustainable

Environment

Management.

Therefore, it is necessary for the building process to ensure

compliance to various conditions laid down by the Ministry of

Environment, Forest and Climate Change (MoEF and CC).

The building construction sector is a major contributor towards

carbon footprints which affects climate change. India is

committed towards mitigating the effects of climate change and

moving

towards

internationally

accepted

norms

for

environmentally friendly building construction. Currently this

objective of environmental safeguard is achieved through

obtaining a specific environmental clearance (EC) for any

construction project having a size of more than 20,000 sq. m.

This is administered under notification of Ministry of

Environment, Forest and Climate Change.

With rapid urbanisation and growth of Indian economy, it is

anticipated that the construction activity will experience a

proportionate growth. Government is also committed towards

streamlining of clearances for buildings and real estate sector and

empowering the urban local bodies with an objective of ease of

doing business.

13.1 Environmental conditions for compliance during Building

approvals :

The Ministry of Environment, Forest and Climate Change has

now decided to integrate the environmental concerns into

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 183

building plan approval process and empowering the concerned

local body/development authority to approve and certify

compliance of stipulated requirements. The new building

construction proposals are classified in the following 3

categories :—

(i)

Conditions for Category ‘A’ Buildings: Built-up Area

5000 sq. m.-20000 sq. m.

(ii) Conditions for Category ‘B’ Buildings: Built-up Area

20000 sq. m.-50000 sq. m.

(iii) Conditions for Category ‘C’ Buildings: Built-up Area

50000 sq. m.-150000 sq. m.

States are, therefore, advised to amend their building by-laws by

incorporating the set of conditions for each category A, B and C

as mentioned above either for the entire State/UT or clearly

identified part thereof, where they would like to integrate the

environmental clearance conditions with building permissions

and empower the local authority to examine, stipulate and

ensure

compliance

of

conditions

required

to

address

environmental concerns the State/UT should submit such

proposal/notification at draft stage as well as a copy of the final

notification to the MoEF and CC.

(a)

For building plans with a total built-up area between

5,000 sqm. and 1,50,000 sqm. and environment clearance

will be required to be synchronized with the building

regulations.

(b)

The concerned Urban local body, authorized to sanction

building plans, shall ensure at the time of sanctioning a

building plan that the environmental requirements

stipulated in Table 16.1 (for above 5,000 sqm. and up to

20,000 sqm.), Table 12.2 (for above 20,000 sqm. and up

to 50,000 sqm.) and Table 12.3 (for above 50,000 sqm.

and up to 1,50,000 sqm.), as the case may be, are

complied with.

184

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

Table 13—1 : Environmental Conditions for Building and Constructions

(Category “A” 5000 sq. m-20000 sq. m.)

S.

No.

Medium

Environmental conditions

MBBL

Ref.

Clause

1

Natural

Drainage

The inlet and outlet point of

natural drain system should be

maintained with adequate size of

channel for ensuring unrestricted

flow of water.

_

2

Water

conservations-

Rainwater

Harvesting and

Ground Water

Recharge

A rainwater harvesting plan needs

to be designed where the recharge

bores (minimum one per 5000

sqm of built-up area) shall be

provided. The rainwater harvested

should be stored in a tank for

reuse in household through a

provision of separate water tank

and pipeline to avoid mixing with

potable municipal water supply.

The excess rainwater harvested be

linked to the tube well bore in the

premises through a pipeline after

filtration in the installed filters.

Table 9.1

2 (a)

The unpaved area shall be more

than or equal to 20% of the

recreational open spaces.

10.2.1

(iv)

3

Solid Waste

Management

Separate wet and dry bins must be

provided at the ground level for

facilitating segregation of waste.

10.2.5 (b)

4

Energy

In common areas, LED/solar

lights must be provided.

10.2 (3)

5

Air Quality and

Noise

Dust,

smoke

and

debris

prevention

measures such as

screens,

barricading

shall

be

installed

at

the

site

during

_

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 185

S.

No.

Medium

Environmental conditions

MBBL

Ref.

Clause

construction.

Plastic/tarpaulin

sheet covers must be used for

trucks

brining

in

sand

and

material at the site.

5(a)

The exhaust pipe of the DG set, if

installed, must be minimum 10m

away from the building. In case it

is less than 10m away, the exhaust

pipe shall be taken up to 3m

above the building.

__

6

Green Cover

A minimum of 1 tree for every

80 sqm of land shall be planted

and maintained. The existing trees

will be counted for this purpose.

Preference should be given to

planting native species.

10.2.1 (i)

6(a)

Where the trees need to be cut,

compensatory plantation in the

ratio of 1:3 (i.e. planting of 3 trees

for every 1 tree that is cut) shall

be done with the obligation to

provide continued maintenance

for such plantations.

10.2.1 (ii)

Table 13—2: Environmental Conditions for Building and Constructions

(Category “B” 20000 sq.m.-50000 sq.m.)

S.

No.

Medium

Environmental conditions

MBBL

Ref. Clause

1

Natural

Drainage

The inlet and outlet point of natural

drain system should be maintained

with adequate size of channel for

ensuring unrestricted flow of water.

_

186

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

S.

No.

Medium

Environmental conditions

MBBL

Ref. Clause

2

Water

conservations-

Rainwater

Harvesting and

Ground Water

Recharge

A rainwater harvesting plan needs to

be designed where the recharge bores

(minimum one per 5000 sqm of built-

up area) shall be provided. The

rainwater harvested should be stored

in a tank for reuse in household

through a provision of separate water

tank and pipeline to avoid mixing with

potable municipal water supply. The

excess rainwater harvested be linked

to the tube well bore in the premises

through a pipeline after filtration in the

installed filters.

Table 9.1

2 (a)

The unpaved area shall be more than

or equal to 20% of the recreational

open spaces.

10.2.1 (iv)

3

Solid Waste

Management

Separate wet and dry bins must be

provided at the ground level for

facilitating segregation of waste.

10.2.5 (b)

4

Energy

In common areas, LED/solar lights

must be provided.

10.2 (3)

4(a)

At least 1% of connected applied load

generated from renewable energy

source such as photovoltaic cells or

windmills

or

hybrid

should

be

provided.

10.2

4(b)

As per the provisions of the Ministry

of New and Renewable energy solar

water heater of minimum capacity 10

litres/4 persons (2.5 litres per capita)

shall be installed.

1-2.4-IV

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 187

S.

No.

Medium

Environmental conditions

MBBL

Ref. Clause

4(c)

Use of fly ash bricks: Fly ash should

be used as building material in the

construction as per the provisions of

Fly Ash Notification of September,

1999 and as amended from time to

time.

10.2.6 (b)

5

Air Quality

and Noise

Dust, smoke and debris prevention

measures such as screens, barricading

shall be installed at the site during

construction. Plastic/tarpaulin sheet

covers must be used for trucks brining

in sand and material at the site.

_

5(a)

The exhaust pipe of the DG set, if

installed, must be minimum 10m away

from the building. In case it is less

than 10m away, the exhaust pipe shall

be taken up to 3 m above the building.

_

6

Green Cover

A minimum of 1 tree for every 80

sq.m. of land shall be planted and

maintained. The existing trees will be

counted for this purpose. Preference

should be given to planting native

species.

10.2.1 (i)

6(a)

Where the trees need to be cut,

compensatory plantation in the ratio of

1:3 (i.e. planting of 3 trees for every 1

tree that is cut) shall be done with the

obligation

to

provide

continued

maintenance for such plantations.

10.2.1 (ii)

188

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

Table 13—3: Environmental Conditions for Building and

Constructions (Category “C” 50000 sq.m. 150000 sq.m.)

S.

No.

Medium

Environmental conditions

MBBL Ref.

Clause

1

Natural

Drainage

The inlet and outlet point of

natural drain system should

be maintained with adequate

size of channel for ensuring

unrestricted flow of water.

_

2

Water

conservations-

Rainwater

Harvesting

and

Ground

Water

Recharge

A rainwater harvesting plan

needs to be designed where

the recharge bores separate

water tank and pipeline to

avoid mixing with potable

municipal water supply. The

excess rainwater harvested is

to be linked to the tube well

bore in the premises through

a pipeline after filtration in

the

installed

filters

(minimum one per 5000 sqm

of built-up area) shall be

provided.

The

rainwater

harvested should be stored in

a tank for reuse in household

through a provision of

Table 9.1

2 (a)

The unpaved area shall be

more than or equal to 20% of

the recreational open spaces.

10.2.1 (iv)

2(b)

The ground water shall not

be

withdrawn

without

approval from the BPIA.

2(c)

Use of potable water in

construction

should

be

minimized.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 189

S.

No.

Medium

Environmental conditions

MBBL Ref.

Clause

2(d)

Low

flow

fixtures

and

sensors must be used to

promote water conservation.

2(e)

Separation of grey and black

water should be done by the

use of dual plumbing system.

3

Solid Waste

Management

Separate wet and dry bins

must be provided at the

ground level for facilitating

segregation of waste.

10.2.5 (b)

3(a)

All non-biodegradable waste

shall be handed over to

authorized recyclers which a

written tie-up must be done

with the authorized recyclers.

3(b)

Organic waste composter/

vermin culture pit with a

minimum capacity of 0.3

kg/tenement/day

must

be

installed wherein the STP

sludge may be use3d to be

converted to manure which

could be used at the site or

handed over to authorized

recyclers for which a written

tie-up must be done with the

authorized recyclers.

4

Energy

In common areas, LED/solar

lights must be provided.

10.2 (c)

4(a)

At least 1% of connected

applied load generated from

renewable

energy

source

such as photovoltaic cells or

10.2

190

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

S.

No.

Medium

Environmental conditions

MBBL Ref.

Clause

windmills or hybrid should

be provided.

4(b)

As per the provisions of the

Ministry

of

New

and

Renewable

energy

solar

water heater of minimum

capacity 10 litres/4 persons

(2.5 litres per capita) shall be

installed.

1-2.4-IV

4(c)

Use of fly ash bricks: Fly ash

should be used as building

material in the construction

as per the provisions of Fly

Ash

Notification

of

September, 1999 and as

amended from time to time.

10.2.6 (b)

4(d)

Use of concept of passive

solar design of buildings

using architectural design

approaches that minimize

energy

consumption

in

buildings

by

integrating

conventional energy-efficient

devices, such as mechanical

and electric pumps, fans,

lighting fixtures and other

equipment, with the passive

design elements, such as

building

orientation,

landscaping,

efficient

building

envelope,

appropriate

fenestration,

increased day lighting design

and thermal mass.

10.2(3)

4(e)

Optimize

use

of

energy

systems in buildings that

10.2 (3)

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 191

S.

No.

Medium

Environmental conditions

MBBL Ref.

Clause

should maintain a specific

indoor

environment

conducive to the functional

requirements of the building

by

following

mandatory

compliance measures (for all

applicable

buildings)

as

recommended in the Energy

Conservation Building Code

(ECBC) 2007 of the Bureau

of

Energy

Efficiency,

Government of India.

5

Air

Quality

and Noise

Dust,

smoke

and

debris

prevention measures such as

screens, barricading shall be

installed at the site during

construction.

Plastic/

tarpaulin sheet covers must

be used for trucks brining in

sand and material at the site.

_

5(a)

The exhaust pipe of the DG

set, if installed, must be

minimum 10m away from

the building. In case it is less

than 10m away, the exhaust

pipe shall be taken up to 3 m

above the building.

_

6

Green Cover

A minimum of 1 tree for

every 80 sq. m. of land shall

be planted and maintained.

The existing trees will be

counted for this purpose.

Preference should be given

to planting native species.

10.2.1 (i)

192

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

S.

No.

Medium

Environmental conditions

MBBL Ref.

Clause

6(a)

Where the trees need to be

cut, compensatory plantation

in the ratio of 1:3 (i.e.

planting of 3 trees for every

1 tree that is cut) shall be

done with the obligation to

provide

continued

maintenance

for

such

plantations.

10.2.1 (ii)

7

Sewage

Treatment

Plant

Sewage treatment plant with

capacity of treating 100%

wastewater shall be installed.

Treated

water

must

be

recycled for gardening and

flushing.

4.32.4

8

Environment

Management

Plan

The

environment

infra-

structure

like

Sewage

Treatment

Plant,

Lands-

caping, Rainwater Harvest-

ing,

Power

backup

for

environment, infra-structure,

Environment

Monitoring,

Solid Waste Management

and

Solar

and

Energy

conservation, should be kept

operational

through

Environment

Monitoring

Committee

with

defined

functions and responsibility.

-

(Source: Model Building Bye-laws 2016, Town and Country

Planning Organisation, Ministry of Urban Development (now

Ministry of Housing and Urban Affairs-MOHUA)

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 193

CHAPTER 14

GENERAL REFERENCES

14.1 Facilities for physically handicapped persons :

For

requirements

regarding

Facilities

for

Physically

Handicapped Persons, reference shall be made to part 3

Development Control Rules and General Building Requirements

of the National Building Code, 2016 or its latest version which

shall apply.

14.2

Fire and Life Safety :

For requirements regarding Fire and Life Safety for different

Occupancies, reference shall be made to part 4 Fire and Life

Safety of the National Building Code, 2016 or its latest version.

14.3

Design and Construction :

For requirements regarding structural design, reference shall be

made to part 6 Structural design of the National Building Code.

For requirements regarding construction (including management

and safety), reference shall be made to part 7 Construction

Management, Practices and safety ‘of the National Building

Code, 2016 or its latest version.

14.4

Building services

14.4.1 Lighting and Ventilation :

For requirements regarding Lighting and ventilations for

different uses and occupancies reference shall be made to part 8

“Building Services”, Section 1 “Lighting and Natural

Ventilation” of the National Building Code, 2016 or its latest

version.

14.4.2 Electrical and Allied Installations (Including Lighting

Protection of Buildings and Solar Energy Utilization) :

For requirements regarding Electrical Installations in Buildings

Including Lighting Protection of Buildings reference shall be

made to part 8 “Building Services” Section 2 Electrical and

Allied Installations of the National Building Code, 2016 or its

latest version.

194

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

14.4.3 Air Conditioning, Heating and Mechanical ventilation :

For requirements regarding design, construction and installation

of Air Conditioning, Heating and Mechanical ventilation

systems, reference shall be made to part 8 “Building Services”

Section 3 Air Conditioning, Heating and Mechanical ventilation

of the National Building Code, 2016 or its latest version.

14.4.4 Acoustics, Sound Insulation and Noise Control :

For requirements regarding the desired Noise levels and sound

Insulation in different occupancies reference shall be made to

part 8 “Building Services” Section 4 Acoustics, Sound Insulation

and Noise Control of the National Building Code, 2016 or its

latest version.

14.4.5 Installation of Lifts Escalators and Moving Walks :

Provision for Lifts shall be made for buildings 15 m. or more in

height For requirements regarding planning, designing and

installation etc. of Lifts Escalators, reference shall be made to

part 8 “Building Services” Section 5 Installation of Lifts

Escalators and Moving Walks of the National Building Code,

2016 or its latest version.

14.4.6 Information and Communication Enabled Installations :

For requirements regarding Information and Communication

Enabled Installations in Buildings reference shall be made to

Part 8 “Building Services” Section 6 Information and

Communication Enabled Installations of the National Building

Code, 2016 or its latest version.

14.5

Plumbing Services (Including Solid Waste Management) :

For requirements regarding water supply, drainage and

Sanitation, Solid Waste Management and gas supply reference

shall be made to part 9 “Plumbing Services (Including Solid

Waste Management)” of the National Building Code, 2016 or

its latest version.

14.6

Landscape Development :

For requirements regarding Landscape development, reference

shall be made to part 10 ‘Landscape Development and Sign and

outdoor display structures’ Section 1 Landscape Planning and

Development of the National Building Code, 2016 or its latest

version.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 195

14.7

Sign and outdoor display structures :

No advertising signs (including hoarding) on buildings or on

land shall be displayed without the prior approval of the

Authority. The standards specified in Section-2 of part 10 Signs

and outdoor display structures of National Building Code, 2016

or its latest version.

14.8

Sustainability :

For requirements regarding sustainable buildings and built

environment, reference shall be made to part 11 ‘Approach to

Sustainability’ of the National Building Code, 2016 or its latest

version.

14.9

Asset and Facility Management :

For requirements regarding Asset and Facility Management in

respect of Existing Buildings and services thereof, reference

shall be made to part 12 Asset and Facility Management of the

National Building Code, 2016 or its latest version.

14.10 Energy Conservation Building :

For requirements regarding Energy Conservation Building

guidelines reference shall be made to Energy Conservation

Building Code, 2017 or its latest version & the J&K UT ECBC

whenever framed.

Note:—Whenever an Indian Standard including those referred in

the National Building Code or the National Building

Code is referred; the latest revision of the same shall be

followed except specific criteria, if any, mentioned

above against that code.

14.11 Health Guidelines :

Refer guidelines issued by Department of Health, Family

Welfare and Medical Education, Government of Jammu and

Kashmir.

14.12 Education Guidelines :

Refer SRO-123 or latest guidelines issued by Department of

Education, Government of Jammu and Kashmir.

14.13 Sports Guidelines :

Refer

latest

guidelines

issued

by

Sports

Department,

Government of Jammu and Kashmir.

196

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

APPENDICES

Appendix “A”: Form for Application to Erect, Re-Erect or to make

Material Alteration in any place in a building

(To be submitted in duplicate)

To

Commissioner/Vice-Chairman/Secretary,

Development Authority/Municipal

Corporation/Council/Committee.

Sir,

I hereby give notice on behalf of Shri………………………….(owner)

that the owner intends to erect/demolish or make alteration in the

building number or to on/in Plot No…………………….………….

Block No…………………..House No……………………...situated at

……………………………………………...….Scheme...……………and

in accordance with the building Bye-Law No………………………and I

forward herewith, the following plans and specification duly signed by

me and by the owner :—

1.

Site plan

2.

Building Plan

3.

Service Plan

4.

Parking and circulation plan

5.

Landscape Plan

6.

General Specifications (in attached form)

7.

Ownership Title (Lease/Conveyance/Sale Deed, etc.)

8.

Other document, as required.

(ii) The building plan has been prepared strictly as per the

approved Building Bye-Laws and relevant IS Codes/provisions

of NBC. The construction shall be carried out in accordance

with the building plan and I shall be completely accountable for

any lapse on my part up to within 6 months after obtaining

completion certificate of the building.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 197

(iii) The Building permit fee as required under bye-laws has been

deposited vide receipt No……………dated.…………………

(Photocopy enclosed).

(iv) I am aware that in the event of building being constructed in

violation of the sanctioned building plan approval, the

Authority shall have the right to take action against me as it

may deem fit including referring the matter to concerned

professional and statutory councils for taking disciplinary

action against me.

……………………….........

Signature of the Owners

Name of the owner(s)

...................................................

Address of the owner(s)

.....................................................

……………………….........

Signature of Registered

Architect/Engineer/Supervisor

Registration No. of the

Architect/Engineer/Supervisor

....................................................

Address of the Architect/

Engineer/ Supervisor

....................................................

Encl. : As stated above.

Dated: ………………

———

198

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

Appendix “A-1”

Statement of the Proposal and Certificate

By the Owner and Registered Architect—

Classification of the Proposal…………………………………………

(To erect/re-erect/demolition)

Scheme/Colony……………...………Plot No.……….....………….…

Plot Area ……………………………. sq.m. size (in m)

Area Statement :

Description

Permissible

Proposed sq.m. Remarks sq.m.

Max. Ground

coverage

Basement

Ground Floor

First Floor

Second Floor

Third Floor

Total Floor area

Floor Area Ratio

No. of Dwelling

Units

Maximum height (in m) :

Setbacks

As per approved Layout

plan (m.)

Proposed

(m.)

Front

Rear

Left

Right

Parking Details :

Building Use

Parking Required as per

Building Bye law

Proposed

(m.)

Residential

Commercial

PSP

Other…

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 199

(ii) Fees and Charges :

(a) Building Permission Fess ……………..

(b) Infrastructure Development Fees……………..

(c) Additional Floor Space Fees ……………

(d) Any other (as applicable)…………………

Total Amount as per details above……………..

Receipt No….................................... Dated….................................

We hereby certify that—

1. The plot in question forms part of the approved layout plan and

its location size and area conform to the approved layout plan

and lease/sale deed/NOC of the lease Administration Branch of

concerned Development Authority.

2. Plot is lying vacant and no construction shall be started before

sanction.

3. The plot is free from all encumbrances (owner responsibility).

4. The period of construction valid up to ......................... As per

the lease condition/further extension of time for construction

granted by the lessor is valid up to ........................ Time

construction obtained from the lease Administration Branch,

Concerned Development Authority.

5. Size of each dwelling unit is not more than 300 sq.m.

Signature of Owner

Signature of Registered Architect

Name.....................................

Name...............................................

………………………………

Registration No. ………………….

Address………………………

Address…………………………..

……………………………….

……………………………………

Dated…………………………

……………………………………

Authority Letter

I hereby authorize Mr./Mrs............................................... to collect the

sanction whose signature is verified below: —

Specimen signature of the owner(s)/Registered Architect/Mr./

Mrs.....................................................................................................

Dated received........................................ Date ....................................

(Signature of authorized person/owner/Registered Architect)

Dated.................................. Remark, if any...............................

————

200

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

Appendix “A-2”

Form for Specifications of Proposed Building

The purpose (Residence, Office, Restaurant, Hotel, Dharmshala, School,

Hostel Cinema, Shop, Factory Others) for which it is intended to be

used……………………………………………………………………….

Table A-2: 1 Details of coverage on respective floor are given below:

S.

No.

Floor

Existing

(sq.m.)

Proposed

(sq.m.)

Total (sq.m.)

1.

Basement Floor

2.

Ground Floor

3.

Mezzanine Floor

4.

First Floor

5.

Second Floor

6.

Third floor

7.

………………..

(a) Approximate

number

of

in

habitants

proposed

to

be

accommodated……………………………………………………

(b) The number of latrines, Urinals, Kitchens, Baths to be

provided……………………………………………………………

(c) The source of water to be used in the construction..………

………………………………………………………………..……

..……………………………………

(d) Distance from public sewer………………………….………..…

(e) The materials to be used in construction Walls/Columns/

Foundations/Roof/Floors…………………………….…………….

Signature of Registered Architect/Engineer/Supervisor

Name………….……………………………………

Registration No……………………………………

Address………………………..……………… …..

……………………………….……………………

————

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 201

Appendix “A-3”

Form for Supervision

To

The Commissioner/Vice-Chairman/Secretary,

Development Authority/Municipal Corporation/Council/Committee.

Sir,

I hereby certify that erection/re-erection demolition or material

alteration in/of Building No…………………….on/in ……………….

Plot No………………….in Block No……………………… situated at

…………………………... scheme………...… shall be carried out under

my supervision and I certify that all the materials (type & Grade) and

workman ship of the work shall be generally in accordance with the

general specification submitted along with and the work shall be carried

out according to the sanctioned plans which also included the services

like drainage, sanitary, water supply, and electrical.

Signature of Registered Architect/Engineer/Supervisor

………………………………………………………….

Name of Registered Architect/Engineer/Supervisor

(In block letters) ………………………………...……....

Registration No. of Architect/Engineer/Supervisor

………………………………………………………

Address of Registered Architect/Engineer/Supervisor

……………………………………………………

Dated: …………………………

————

202

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

Appendix “A-4”

Undertaking for Payment of Other and Peripheral Charges

Note:—It should be on non-judicial stamp paper of specified

amount

attested

by

Notary

Public/First

Class

Magistrate.

Undertaking

I, ……………………………Son of Shri………………..………

aged………....Years residents of ……………..…………Owner of

Plot No.………………… in…………………...…..Co-operative

Housing Building Society Ltd………………............…hereby

under take to pay the balance of peripheral and other charges

as and when required by the concerned Authority and in this regard

Authority’s decision will be finally binding on me.

Executed by me as……………….on day of……………… 2004.

……………………………….

Executant

Witness :

1……………………………

2……………………………

————

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 203

Appendix “A-5”

Affidavit-cum-Undertaking

(Affidavit of Competent Professional on Rs. 2/- Non-Judicial

Stamp paper of specified amount to be attested by Notary

Public/Metropolitan Magistrate)

I, …………………………………son of…….………………………

Architect by profession having office at………………………… do

hereby solemnly affirm and declare as under:—

1.

That I am a Licensed Architect/Engineer/Supervisor/Plumber

duly

registered

with

the

Authority

vide

registration

No.……………………….……………

2.

That I have been engaged as a Competent Professional as per

Table 2—2: Procedure for Building Permission of Non-

Residential Use Building of the bye-laws for preparing the

building plans and to supervise construction in respect of Plot

No………...Block No………………… situated at……………

3.

That I have prepared the building plans in respect of the

aforesaid plot.

4.

That I have studied the layout plan of the colony and gone

through the instructions, policy decisions and other relevant

documents in respect of the plot and colony.

5.

That I have personally inspected the site. The plot under

proposal forms part of the approved layout plan with respect to

its location, size shape and area of the plot and proposed land use

is also in conformity with the approved layout plan. The plot has

been demarcated at site and the size, shape and area of plot

available at site tallies with the approved layout plan.

6.

That the ownership documents are in the shape of registered

sale deed/lease deed in favour of the applicants and have been

thoroughly examined and the ownership in favour of the

applicant is in order.

7.

That there is no construction inexistence at the plot and no

construction shall be started before sanction of the building

plans.

204

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

8.

That there is no encroachment on the Municipal land/road/other

property and road widths as shown in the layout plan are

available at site.

9.

That the proposal is in conformity with the terms and condition

of lease deed which is still valid and period of construction as

per lease deed and the extension granted by the lessor is valid up

to……………………………

10.

That the proposal has been prepared strictly in accordance

with the

Master Plan/Zonal Plan/Building Bye-Laws

rules regulation and practice of the department and no

misinterpretation on inference of provision of Building Bye-Law

has been done while preparing the plans. The construction shall

be carried out strictly in accordance with the sanctioned building

plans and in case any deviation is carried out, I shall inform the

concerned Authority within 48 hours.

11.

That in case the owner dispenses with my services at any stage

whatsoever, I shall inform the concerned Authority within 48

hours.

12.

That the size of each dwelling unit is not more than 300 sq. m.

13.

That mandatory setbacks have been proposed and shall be

maintained in accordance with the setbacks marked in the layout

plan/Master Plan/Zonal Plan/Building Bye-Laws.

14.

That before submission of the proposal, necessary information/

clarification have been obtained from the concerned department

of the concerned Authority. The plot is safe and is not affected in

any scheme or the road widening. Building activities for

residential use are allowed with number of storeys as per

approved layout plan.

15.

That no development/additional development/deficiency charges

are payable, against this plot (in case development/additional

development/deficiency charges are payable then its details be

given in the separate para).

16.

That no non-compoundable deviations shall be carried out

during the course of construction.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 205

17.

That nothing has been concealed and no misrepresentation has

been made while preparing and submitting the building plans.

18.

That in case anything contrary to the above is found or

established at any stage, the concerned Authority shall be at

liberty to take any action as it may deem fit including revocation

of sanction of building plans and debarring me for submission of

building plans with the Authority under the scheme and also

lodge a complaint with the Council of Architecture for

appropriate action.

Deponent.

Verification :

I the above-named deponent do hereby verify at ……………………

on this…………….of…………..20………that contents of the above

affidavit are true and correct to my knowledge. No part of it is false

and nothing has been concealed therefrom.

Deponent.

————

206

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

Appendix “A-6”

Building Permit/Sanction

File No………………… Dated………………………….

To

Subject :—Sanction under section……………… Dear Sir or Madam.

————

With reference to your application dated……………….. for the

grant of sanction to erect/re-erect/add to/alteration in the building to

carry out the development specified in the said application relating to

Plot No……………….…… Block No…………..……………situated in/

at……………………………………. I have to state that the Authority

subject to the following conditions and corrections done in the plans has

sanctioned the same on………………………………………….:—

1. The plans are valid up to ………………… day……………

months………. year ……………

2. The construction will be undertaken as per sanctioned plan only

and no deviation from the bye-laws will be permitted without

prior sanction. Any deviation done against the bye-laws is liable

to be demolished and the supervising Architect engaged on the

job will run the risk of being blacklisted.

3. Violation of Building Bye-Laws will not be compounded.

4. It will be the duty of the owner of the plot and the Architect

preparing the plans to ensure that the sanctioned plans are as per

prevalent Master Plan/Zonal Plan/Building Bye-Laws. If any

infringement of bye-laws remain unnoticed, the concerned

Authority reserves the right to amend the plans as and when

infringement come to the notice and concerned Authority will

stand indemnified against any claim on this account.

5. A notice in writing shall be sent to Authority before

commencement of the constructions of the building as per bye-

laws. Similar notice will be sent to Authority when the building

has reached up to plinth level.

6. The owner shall not occupy or permit to occupy the building or

use or permit to use the building or any part thereof affected by

any such work until Completion Certificate is issued by the

concerned Authority.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 207

7. Concerned Authority will stand indemnified and kept harmless

from all proceedings in court and before other authorities of all

expenses/claims which the concerned Authority may incur or

become liable to pay as a result or in consequences of the

sanction accorded by it to these building plans.

8. The doors and window leaves shall be fixed in such away that

they shall not, when open project on any street.

9. The owner will not convert the house into more dwelling units

on each floor then the sanctioned.

10. The building shall not be constructed within minimum distance

as specified in Indian Electricity Rules from voltage lines

running onside of the site.

11. The land left open as a consequence of the enforcement of the

setback rule shall form part of the public street.

12 The owner shall ensure that the public areas like road, parks and

other public opens spaces are not used for stacking the building

materials or machineries to avoid public inconvenience and

nuisance.

13. The sanction will be void if auxiliary conditions mentioned

above and other conditions whatsoever imposed are not

complied.

14. The owner will use the premises for the use, which has been

sanctioned.

15. The owner will not proceed with the construction without having

the supervision of an Architect/Engineer as the case may be. If

he/she changes his Architect/Engineer, he/she shall inform the

Authority about the appointment of new Architect/Engineer

within 48 hours, with a proper certificate from him.

Yours Faithfully.

For ……………………………

Encl. : A set of sanctioned plan.

————

208

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

Appendix “A-7”

Form for Refusal of Building Permit

To

File No…………………………….

Dated

………………………………

Sir.

With reference to your application No…………………….

dated……………….. for the grant of sanction for the erection

of building/execution of work in House No. ………….. Plot No.

………..Block

No……………………….Scheme………………

situated at…………………………….I have to inform you that

building

permit

under

relevant

provisions

of

the

Act

of…………………………. has been refused on………………………

on the following grounds :—

1.

2.

3.

4.

5.

Yours faithfully

For………………………..

Authority.

————

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 209

Appendix “A-8”

Form of Revalidation

File No. ……………………….

Dated………………….

Shri/Madam …………………………………

………………………………………………..

………………………………………………..

———

Subject :—Revalidation of Building Plans relating to plot

No………….Block No………. Scheme………………….

———

Dear Sir/Madam, Block No.

1.

With reference to your application dated…………on the

subject cited above, I am directed to inform you that your

building plan which were sanctioned on……………. vide

file No ………..................................…. have been revalidated

up to ……………………………

2.

Original sanctioned plan submitted by you is also returned

herewith.

3.

Please acknowledge receipt.

Yours Faithfully

For ……………………………

Authority.

Encl. : As above.

————

210

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

Appendix “A-9”

Information for Intimation of Completion of Work up to Plinth Level

To

The ………………………………

…………………………Authority.

Sir,

The construction up to plinth/column up to plinth level has been

completed in Building No……….……………………….. on/in

Plot No……………………..Scheme No…………….. Road/Street

……………………Ward……………………………in accordance

with your permission No………………..… dated………………..

under my supervision and in accordance with the sanctioned plan.

Yours faithfully

Signature of Licensed Architect/Engineer/Supervisor

Name…………………………….. (In Block letters)

Address:……………………………………………..

.……………………………………………………...

Date :…………….

————

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 211

Appendix “A-10”

Inspection Report

I, ………………………………working as a ……………………………

with …………… have carried out the inspection of Building No……….

on/in

Plot

No……………..

Scheme

No.……………….Road/

Street………………Ward..…………….. in accordance with permission

No………………...dated…………….….....The

following

deviation

from the sanctioned plans have been noticed which are against the

provision of Master Plan/Bye-Laws are of non-compoundable nature :—

Description of deviations noticed:…….…………………………………

………………………………………………………

………………………………………………………

………………………………………………………

You may not proceed with further work till such time the deviations

made are rectified and construction brought in conformity to sanction

plans.

Yours Faithfully

For…………………………………

…………………………………….

…………………………………….

BPIA

Office No……………………………..

Office Stamp………………………….

Date…………………………………...

————

212

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

Appendix “A-11”

Form of Notice of Completion

(To be submitted along with prescribed fee for notice of completion and

other relevant documents)

To

The ……………………………….

…………………………Authority.

Dear Sir,

I/we hereby give notice that I/we have completed the erection of

building/execution of the works in Plot No ………… Block No……….

Scheme…………………… situated at…...………………. in pursuance

of the sanction granted by the Authority vide File No………………

dated………………………I/we are enclosing all reports of the

Authority inspection carried out during construction period.

2. Permission to occupy or use the building may be granted.

Yours Faithfully

Signature of owner……………………

Name of owner ………………………

(In Block Letters)

Address of the owner …………………

…………………………………………

Dated :…………………..

Encl. : As above.

————

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 213

Appendix “A-12”

Form for Certificate of Architect/Engineer/Supervisor

(To be submitted along with notice of completion)

To

The ……………………………….

…………………………Authority.

Dear Sir,

We hereby certify that the erection, re-erection or material alteration in/at

building No………………………….. on in Plot No……...……………

Block No…………….Scheme…………….situated at……………...has

been supervised by me and has been completed on ……………….

according to the plans sanctioned, vide office communication

No………………. dated…………………..The work has been completed

to our best satisfaction, the workmanship and all the materials (type and

grade) have been used strictly in accordance with general and detailed

specifications. All the drainage/Sanitary/Water Supply work has been

executed under our supervision and as per Building Bye-Laws.

No provisions of the Building Bye-Laws and condition prescribed or

order issued there under have been transgressed in the course of the

work. The building is fit for use for which it has been erected/re-erected

or altered/constructed and enlarged.

2. Certificate:

(i)

Certified that the building(s) has been constructed according

to the sanctioned plan and structural design (one set of

structural drawings as executed is enclosed) which in

corporate the provisions of structural safety as specified in

relevant

prevailing

NBC

Part

6

and

IS

codes

standards/Guidelines.

(ii) Further certified that water harvesting as well as waste water

re-cycling systems have been provided as per the sanctioned

building plan.

(iii) It is also certified that construction has been done under our

supervision and guidelines and adheres to the drawings

submitted and the records of supervision have been

maintained by us.

214

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

3. Permission to occupy of use the building may be granted.

4. Any subsequent change from completion drawings will be the

responsibility of the owner(s)

(a)Signature of the owner

with date

Name in Block Letters

Address

(b)Signature of the Architect/ Engineer

with date

Name in Block letter, Licence No.

Address

(c) Signature of the Structural

Engineer with date (for

certificate 1)

(as defined in NBC of

India)

Name in Block Letters

(d)Signature of Supervisor/Engineer/

Group/Engineer with date

Name in Block letters, Licence No.

Address

Dated :………………………

————

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 215

Appendix “A-13”

Building Use Certificate

File No………………………...

Plan No……………………….. Dated :……………………….

Shri/Miss/Smt……………………….

………………………………………

Building Use Certificate

With reference to your notice of completion dated……………

I hereby certify that building as per description below certified plan at

Plot

No…………Block

No………Scheme…….……………………

situated at ……………………...………whose plans were sanctioned

vide No……………………has been inspected with reference to

Building Bye-Laws in respect to the structural safety, fire safety,

hygienic and sanitary conditions and proposed rainwater harvesting

systems inside and, in the surroundings, and is declared fit for occupation

and release of regular water and electricity connections. The description

of the construction work completed is given as under :—

Description of Construction Work Block-wise/Building-wise.

1. Block Building No.

2. Details of Completed Work floor-wise.

Commissioner of Authority.

————

216

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

Appendix “A-14”

Form of Rejection or Compliance in Respect of Completion Certificate

File No…………………………….

Dated:…………………………......

Sh./Smt…………………………………….

……………………………………………..

Subject :— Completion certificate in respect of Plot No…………………

————

Dear Sir/Madam,

(1)

With reference to your letter dated............................................

(2)

With reference to your notice of completion dated.......................

(3)

In

continuation

of

this

office

letter

of

even

No…………………..dated................on the subject noted above,

I am directed to inform you that your case has been examined

and Completion Certificate is rejected for the reasons as given

below :—

Yours faithfully

For…………………………….

………………………Authority.

1.

…………………………………..

2.

…………………………………..

3.

…………………………………..

4.

…………………………………..

———

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 217

Appendix “B”

Handing Over Land Required for Road Widening

Affidavit/Undertaking

(For Handing Over Land Required For Road Widening)

That I/we have submitted building plans for construction of building on

plot No.............. Block No.........................located at...........................to

the ..........................under Sanction..................... of the ....................Act

for favour of sanction.

I/we undertake to hand over the land required for road widening as

shown on site plan to concerned Authority free of cost as and when

asked by........................to do so.

I/we have already understood that the........................is granting sanction

on the basis of my undertaking.

If I/we fail to do so, the sanction so accorded shall be revoked and

construction done as consequence thereof shall be deemed to have done

unauthorizedly and shall be actionable u/s ..........................of the

............................Act.

Deponent.

Verification

I/we verify that the contents of the above undertaking are correct to the

best of my knowledge and belief and nothing material has been

concealed therefrom.

Deponent.

—————

218

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

Appendix “C”

Proforma to be submitted by the Owner

1.

Name, Status and Address of the applicant .

2.

Name of the Architect and address with Registration Number

with Council of Architecture.

3.

Details of the property/plot —

(a) Location.

(b) Boundaries.

(c) Area in sq.m. with dimensions (net plot area).

(d) Width of the roads.

4. Land use —

(a) Master Plan.

(b) Zonal Development Plan.

(c) Approved Layout Plan.

5. Title —

(a) Free Hold.

(b) Leasehold under notification for acquisition if lease hold

permission of less or for construction under the leasehold

condition obtained.

(c) Whether under acquisition, if so give details.

6. Whether the plot/land is affected under the Urban Land (Ceiling

and Regulation) Act, 1976. If so, copy of the NCO from the

concerned Authority be furnished.

7. Proposals—

(a) Land use .

(b) Coverage on each floor with proposed use of the floor

space including basement.

(c) FAR.

(d) Height.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 219

(e) No. of floors.

(f)

Envelope controls/setbacks.

(g) Parking norms.

Encl. :

1. Ownership title .

2. Permission to construct under the lease.

3. Permission under the Land Ceiling Act, 1976.

4. Site/Location Plan.

5. Tentative proposals to explain the scheme.

Signature of Architect

Name......................................

Reg. No.................................. Address.....................................

Signature of the owner

Name........................................ Address...................................

———

220

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

Appendix “D”

Penal Action for violation of provisions of Master Plan, Zonal Plans and

Building Bye-Laws.

(A) Non-Compoundable Items :

Any deviations except those set-in para “AA” hereunder, from the

maximum, minimum prescribed limits regarding—

1.

Coverage,

2.

F.A.R.,

3.

Setbacks,

4.

Open spaces,

5.

Total height of the building,

6.

No. of floors,

7.

No. of DUs and density,

8.

Parking norms,

9.

Light and Ventilation provisions,

10.

Land Use,

11.

Access road requirement,

12.

All other provisions of these Bye-laws except item given in

para ‘B’ below shall not be compounded/regularized and shall

have to rectified by altering/demolition at the risk and cost of

owner. Besides this any other action as per terms and

conditions of lease and provisions of Act shall proceed.

(A. A.) Compounding Excess Coverage/FAR :

1. Deviations in the coverage/FAR to the extent of 5% of the

permissible coverage/FAR or 13.5 sq.m. whichever is less in

building(s) use premises, other than building(s) use premises

where 100% ground coverage and fixed height is allowed as per

Architectural control forming part of comprehensive schemes

like District Centre, Community Centres, Cluster Court Housing

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 221

etc. may be compounded after levying penalty at the following

Rates:—

Rates of excess coverage/floor area:

Up to 5% of excess coverage/FAR a one-time compounding fee

equivalent to the land rated in the concerned locality applicable

at the time of the application for compounding.

2. For excess coverage/FAR for above 5%. Any excess coverage

above 5% or 13.5 sq.m whichever is applicable would be liable

to demolish to that extent.

3. Compounding at set back Infringements :

The infringements of the setbacks maximum to the extent of

30 cm (1 ft.) may be compounded by way of levying

compounding fee at the following rates :—

Infringements

Residential

Buildings

Non-Residential

Buildings

Up to 15 cm (6 inch)

Rs. 1000 per sq.m.

of area infringing

the set back

Rs. 2500 per sq.m.

of area infringing

the set back

Above 15 cm (6 inch) Rs. 2000 per sq.m

of area infringing

the set back

Rs. 5000 of area of

the infringing the

set back

(B. B.) Compoundable Items :

If a building or part thereof has been constructed unauthorized, i.e.

without obtaining the requisite building permit from the concerned

Authority as required under the Building Bye-Laws, the same shall be

compounded at the following rates provided the building or part thereof

so constructed otherwise conforms to the provisions contained in the

Building Bye-Laws and Master/Zonal Plan regulations. For this party

shall have to submit the request for building permit in the prescribed

procedure.

Rates:

(a) Rs. 50 per sq.m. of the covered area constructed unauthorized in

residential building up to 500 sq.m. Plot size.

(b) Rs. 100 per sq.m of the covered area constructed unauthorized in

the building categorized below:—

• All Govt. Public and Semi-Public and Utility Buildings.

• Religious, Institutional and Educational Buildings.

222

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

(c) Rs.

250

per

sq.m.

of

the

covered

area

constructed

unauthorizedly—

• Residential building above 500 sq.m. plot size, Group

Housing and Guest Houses.

• Industrial Buildings.

• Storage buildings (underground or above ground)

(d) Rs. 1000 per sq.m. of covered area constructed unauthorizedly—

• Cinema and Theatre Building.

• Petrol Pumps (Filling/Service Station).

• Hazardous Buildings.

• Commercial/Business Buildings.

1. The buildings not covered specifically under the above

categories shall be compounded as decided by the Authority,

considering merits of each individual case.

2. Items which are exempted from the calculations of the coverage

and FAR e.g. canopy, basement if used for parking and services,

loft, etc. but constructed unauthorizedly without obtaining prior

permission from the Authority, but within the permissible limits

shall also be compounded/regularized at the rate prescribed

above.

3. Deviations of the building Bye-laws other than specified in (A)

(Non-compoundable)

Deviation up to the maximum extent of 10% from the

maximum/minimum prescribed limit (as prescribed by the

building Bye-laws) shall be compounded at the following

rates :—

(a) In case of deviations of areas of various components of the

building, the rate of penalty will be @ Rs. 50/- per 1%

deviation.

(b) For deviations in terms of height the penalty shall be @

Rs. 50/- per 1% of deviation for every 10 sq.m. or part

thereof of the affected area.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 223

(c) Deviations from the prescribed limit of width, length,

penalty shall be @ Rs. 50/.—per 1% of the deviation for

every 10 sq.m. or part thereof of the affected area.

The Authority if satisfied that there are other deviations of

general nature, which are not described above, may fix

rates for compounding such deviations. However, there

shall be no further relaxation in FAR and coverage over

that permitted above.

Revision of all fees and charges under consideration for

compounding and regularization shall be revisited by the

Authority from time-to-time based on the Schedule of rates.

————

224

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

Appendix “E”

Technical Aspects and Options of Rainwater Harvesting in Built forms

and open spaces

Introduction

The storage of rainwater on surface is a traditional technique and

the structures used were underground tanks, ponds, check dams,

weirs etc. Recharge to ground water is a new concept of

rainwater harvesting and the structures generally used are :—

(a) Pits.—Recharge pits are constructed for recharging the shallow

aquifer. These are constructed 1 to 2m, wide and to 3m. deep

which are back filled with boulders, gravels, coarse sand.

(b) Trenches.—These are constructed when the permeable stream is

available at shallow depth. Trench may be 0.5 to 1m. wide, 1 to

1.5m deep and 10 to 20m long depending up availability of

water. These are back filled with filler materials.

(c) Dug wells.—Existing dug wells may be utilized as recharge

structure and water should pass through filter media before

putting into dug well.

(d) Hand pumps.—The existing hand pumps may be used for

recharging the shallow/deep aquifers, if the availability of water

is limited. Water should pass through filter media before

diverting it into hand pumps.

(e) Recharge wells.—Recharge wells of 100 to 300 mm. diameter

are generally constructed for recharging the deeper aquifers and

water is passed through filter media to avoid choking of recharge

wells.

(f) Recharge Shafts.—For recharging the shallow aquifer which

are located below clayey surface, recharge shafts of 0.5 to 3 m.

diameter and 10 to 15 m. deep are constructed and back filled

with boulders, gravels and coarse sand.

(g) Lateral shafts with bore-wells.—For recharging the upper as

well as deeper aquifers lateral shafts of 1.5 to 2 m. wide & 10 to

30 m. long depending upon availability of water with one or two

bore wells are constructed. The lateral shafts are back filled with

boulders, gravels and coarse sand.

(h) Spreading techniques.—When permeable strata start from top

then this technique is used. Spread the water in Streams/Nalas by

making check dams, nala bunds, cement plugs, gabion structures

or a percolation pond may be constructed.

———

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 225

Appendix “F”

Number and Type of Lifts Required for Different Occupancies and Space

for Electrical Installations

1. The number and type of lifts required depending on the capacity

of lift, desired speed nature of operation are as given in table

below:—

TableF-1: Number and types of lifts for non-residential

Multi-storeyed Building

Sl.

No.

No. of

floors

Capacity

of lifts in

person

Speed

m/s

No. of persons that can be carried by a lift

In 6 min

In 30 min.

In 50 min.

In 60 min.

Man-

ually

Oper-

ated

Auto-

matic

Man-

ually

Oper-

ated

Auto-

matic

Manu-

ally

Oper-

ated

Auto-

matic

Manu-

ally

Oper-

ated

Auto-

matic

1

2

3

4

5

6

7

8

9

10

11

12

1

7

6

0.6-0.75

17

-

102

-

170

-

204

-

2

7

8

0.6-0.75

22

-

132

-

220

-

-

-

3

7

10

0.6-0.75

26

-

156

-

260

-

312

-

4

7

10

1.0

30

-

180

-

300

-

360

-

5

7

13

1.0

37

-

122

--

370

-

444

-

6

11

6

0.6-0.75

11

-

70

-

115

-

140

-

7

11

8

0.6-0.75

15

-

90

-

150

-

180

-

8

11

10

0.6-0.75

18

-

108

-

180

-

216

-

9

11

13

0.6-0.75

22

-

132

-

220

-

264

-

10

11

10

0.6-0.75

21

-

126

-

210

-

252

-

11

11

10

1.5

24

-

144

-

240

-

288

-

12

11

13

1.5

28

-

156

-

260

-

312

-

13

11

13

1.5

32

-

180

-

300

-

-

-

14

16

10

1.0

17

-

100

126

170

210

-

252

15

16

13

1.5

20

24

120

145

200

240

248

290

16

16

13

1.5

23

30

138

180

230

300

-

360

17

16

16

1.5

25

33

150

198

250

330

300

356

18

21

10

1.5

18

32

108

132

180

220

214

264

19

21

13

1.5

21

26

126

156

210

250

250

312

20

21

14

1.5

23

28

138

168

230

280

-

-

226

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

Note-1:

(a) For all non-residential buildings, the traffic cleared in 50

minutes is considered adequate and is approved by

Authority. As such for calculation the number of lifts

required, the rate of the clearance of traffic in column 9

and 10 and the population may be taken into consideration.

(b) In addition to total number of lifts required as above,

provision of one lift of the same capacity may be

considered to serve as stand-by.

Note-2: The population may be worked out on the basis of useful

carpet area which the person occupy (excluding area of

Verandah, Lobbies, Halls, Passages, Lavatory blocks, etc.)

Note-3: The population on ground and first floor may not be taken

into consideration since these floors are not generally

served by lifts.

Note-4: 0.75 m per sec.

Equivalent to 150 ft. per Min

1.00 m per sec.

Equivalent to 200 ft. per Min.

1.5 m per sec.

Equivalent to 300 ft. per Min.

Note-5: The height of buildings for lift installation i.e. the travel on

the lift presumed in the above statements is as below:—

7 floors 21.0 m.

11 floors 33.0 m.

16 floors 48.0 m.

21 floors 64.0 m.

Table F-2: Number and types of lifts for Residential Building

Sl.

No.

No. of

Floors

No.

Passen-

ger unit

capacity

Persons

Speed in

m/s

Land-

ing

Gate

Type

Central

System

Service

Lift

No.

Capa-

city

Persons

Type

of

Gate

Cent-

ral Sys-

tem

1

2

3

4

5

6

7

8

9

10

11

1

5 to 8

2

6

0.0 to 0.5

*

Automatic

push button

operation

both from

car and

landing

-

-

-

Push

button

car

handle

switch

control

2

9 to 12

2

8

0.6 to 1

*

--do--

1

8

-

Push

button

car

handle

switch

control

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 227

1

2

3

4

5

6

7

8

9

10

11

3

11 to 13

2

1

8

6

0.6 to

0.74

*

Power

operat

ed

doors

--Do--and

without

collection

system

--do--

1

8

-

Push

button

car

handle

switch

control

4

13 to 19

2

2

8

8

1

1

-

Power

operat

ed

doors

--do--

1

8

-

Push

button

car

handle

switch

control

* For buildings more than 15 m. in height collapsible gates shall not

be permitted. [see bye-law No. 7.9.1(f)].

———

228

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

Appendix “F-1”

The dimensions and relevant information for lift installations like lift

well, pit depth, machine room, clearance from top floor landing to

machine room flooring is given in table below :—

TableF-3: Dimensions and required information for Lift

Installation in Building

Carry-

ing

Capa-

city of

lift

(per-

sons)

Num-

ber

Load

(kg)

Lift

Speed

Dimension

of Lift well

front depth

(In cm.)

(Cm)

Leading

Pit

Entrance

(Cm)

Dimension of

Machine Room

Clearance

from top

floor

landing to

machine

room

flooring

cm

Imposed

load in

tones on

top of lift

well due

to

installat-

ion. It

may be

noted that

figures do

not

include

weight of

the

machine

from

floors and

well, etc.

1

2

3

4

5

6

7

8

9

10

11

12

4

272

Up to &

including

1 m/s

175

115

70

140

230

275

245

450

6.5

6

408

--do--

195

135

80

140

230

335

275

450

7.0

8

544

Up to &

including

1 m/s

200

170

80

150

245

395

275

450

8.5

10

680

Up to &

including

1.5 m/s

225

170

90

150

245

395

305

470

10.5

13

884

--do--

235

188

90

150

245

425

335

470

13.0

16

1088

--do--

255

205

105

150

245

520

335

480

15.0

20

1360

--do--

255

220

105

150

245

520

335

480

15.0

Note:—

(i) All lift well dimensions are minimum clear finished plumb

requirements.

(ii) Where more than one lift is located in the lift well, extra width

of 10 cm. Separator beam should be provided.

(iii) 1 m/s = 200 ft./min.

(iv) The height. of landing entrance should be 210 cm. (about 7

ft.) for all lifts.

————

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 229

Appendix “G”

Guidelines for Mitigation of Effects of Electro Magnetic Radiation in

Built Spaces

Introduction

Electromagnetic radiations are energy waves having time varying

electric and magnetic fields at right angles to each other and are

predominantly used for wireless communication.

Although, Electromagnetic Fields (EMF) occur in nature and thus

have always been present on earth (Sun is the biggest source of

natural EMR), nevertheless their occurrence has become more

pronounced due to rapid advances of wireless technology in the

communication sector.

The twentieth century witnessed, steady rise of environmental

exposure to man-made sources of EMF due to increasing electricity

demand, ever-advancing wireless technologies and changes in work

practices and social behaviour. The unprecedented growth in

communication industry in recent years has also caused an

exponential rise in electromagnetic radiations in the envelopes

surrounding all living habitats.

Human beings are thus exposed to a complex mix of electric and

magnetic fields at many different frequencies, at home and at work.

EMF (Electro Magnetic fields) can be broadly divided into—

1. Low-frequency

electromagnetic

fields.—The

common

sources of which include power lines, household electrical

appliances, and

2. High frequency electromagnetic fields.—The main sources

of which are radar, radio and television broadcasting,

mobile telephones and their base stations, induction heaters

and anti-theft devices etc.

230

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

Given below is the chart of Electromagnetic spectrum which

highlights various ranges of frequencies and the equipment which

work in these ranges of frequencies:—

Figure G-1

Therefore, there is an urgent need to adopt precautions for living

beings from any effects of electromagnetic radiations at our work

places as well as at our living spaces.

Electromagnetic Radiations : Effects of Exposure :

The effects of electromagnetic radiation upon living cells, including

those on humans, depend upon the frequency as well as the

penetrating power of the radiation.

Initially, it was believed that low frequency fields were too weak to

cause heating to a significant level and thus do not have any

biological effect. There have been a number of epidemiological

studies for a relationship between cell phone use and consequent

health threats that have been largely inconclusive. Thus, it can be

concluded that their effect is not very prominent although significant.

However, there are sufficient evidences to suggest the existence of

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 231

complex biological effects of weaker non-thermal electromagnetic

fields, and modulated RF and microwave fields. World Health

Organization has classified radio frequency electromagnetic

radiation as a possible group 2b carcinogen (possible weaker

threats).

In case of low-frequency radiations (radio waves to visible light)

therefore, depending upon the power of the radiation heating effects

are caused due to absorption of radiation by the living cells. These

thermal effects increase with the frequency of radiation as

penetration of radiation into the organism increases (for example

microwaves penetrate more than infrared rays).

At higher frequencies (visible and beyond) however, the individual

photons of the radiation carry enough energy individually and thus

directly or indirectly can damage biological molecules. All

frequencies of UV radiation have therefore been classified as Group

1 carcinogens by the World Health Organization. In this context it is

a significant fact that Ultraviolet radiation from sun exposure is the

primary cause of skin cancer. Thus, at such frequencies

electromagnetic radiations cause much more damage to biological

systems than simple heating. This is most obvious for the “extreme”

Ultraviolet, X-ray and Gamma radiations, which are referred to as

ionizing radiations due to the ability of photons of this radiation to

produce ions and free radicals in materials which include living

tissues as well. Since such radiation can produce severe damage to

life at powers that produce very little heating, it is considered much

more dangerous than the rest of the electromagnetic spectrum.

Health risks from Electromagnetic radiations can be numerous

depending upon the power and frequency of radiations.

From the perspective of prevention of any health effects of Electro

Magnetic Radiations there is a need of suitable precautions, since it

is not possible to keep away from them owing to the advent of

wireless

communication

technology

which

is

based

upon

electromagnetic waves of higher frequencies besides many other

applications like microwave, remote controlled toys, cordless

phones, TV remotes, etc.

232

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

Guidelines for Buildings and Built forms mitigating effects of

EMR :

While planning a building or a residential complex/township, it is

most desirable to list all probable equipment/appliance emitting

Electromagnetic Radiations in order of ascending/descending

intensities. These should also be categorized as per indoor and

outdoor emissions. Their placement in the built space and

surroundings can then be decided based on certain premises.

The most fundamental principal in this regard is that the effect of

Electromagnetic Radiation decreases with increase in distance from

radiation emitting source. It is thus advisable—

•

To keep a safe distance from working electric and electronic

equipment.

•

Minimize the use of all equipment working on wireless

technology like cordless phones, Wi-Fi, Bluetooth and the

cell phones.

•

Disconnect electric and electronic equipment from the

power supply when not in use, especially in areas of

prolonged occupancy.

Further, the list of equipment/appliances generally used in and

around working/living space is placed below for appreciation of

EMR radiation:—

1.

RF Sources i.e. the transmitting towers such as AM/FM radio

towers, TV towers, cell phone towers transmitting EMR

continuously.

2.

Cell phone which is ON but not in use also radiates and Wi Fi

(Wireless Internet).

3.

Cordless phone.

4.

Wi-max.

5.

Other wireless devices.

6.

CFL (Compact Florescent Light) bulbs.

7.

Neighbouring EMR sources that are located next to shared

walls.

8.

Computers and laptops.

9.

Air conditioning systems.

10.

Refrigerators.

11.

Electrical heating systems/Microwave Ovens.

12.

Power generators and voltage converters.

13.

Stereo and home entertainment systems.

14.

Fans.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 233

This list is only indicative and not exhaustive and there can be

additions to it.

From the view point of effective communication, providing of

mobile towers in a township/office complex is an essential

requirement and thus should be carefully planned.

The mobile tower generates and transmits high frequency radiations;

so more care is needed for their placement. It should be ensured that

the building identified to mount the tower should be the tallest in the

vicinity and should not have adjoining buildings on which proposed

or existing habitable floors are within close-range.

OR

Mobile Tower should be mounted on the highest sanctioned building

in an area.

In regular practice that many cellular operators mount their antenna

on a single tower along with other operators which increase the

effects of EMR manifolds and should thus be avoided as far as

possible. Else height. of the tower should be increased.

Besides, Substation Equipment like Transformer, DG set etc. are also

to be provided for fulfilling the bulk power requirement of the

building and should be suitably placed for electrical safety as well as

for mitigating effects of EMR. However, as these are low frequency

devices, their placement is too decided more from electrical safety

point of view than EMR.

In addition, various light. sources inside the living/working spaces,

UPS, servers, various other equipment running on Wi-Fi may also

emit EMR. Hence their placement inside the building also needs

careful consideration.

Thus, in a built environment of considerable human occupancy,

following broad guidelines should be adopted for placement of utility

equipment/appliances serving the building as a whole :—

Equipment external to the building: Mobile Towers

234

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

Figure G-2

Location of communication towers is governed by radio frequency

system adopted and as far as possible cellular operator should try to

avoid residential areas. However, where it is not possible to avoid

these, they should request for permission from the appropriate

authority for installation on roof top of the tallest existing

buildings—

i. First preference should however, be given to the location of

tower in the commercial areas or other public areas.

ii. Where it is not possible to avoid the location of this tower

in residential, area possibility should be explored to locate

them in green belts within residential sectors or open

spaces/community buildings in the sectors.

Where it is not possible to find such suitable space mentioned at

Sr. No. (ii) above, tower should be permitted on the roof top of

residential buildings subject to the condition that a structural safety

certificate from a certified Structural Engineer has been obtained.

Such towers should not be permitted on occupied buildings, however

if inevitable, a Steel/Metal frame of 6 m. height over the roof level of

the last habitable floor of the building should be provided to

accommodate the tower and its associated units.

Structural stability of the said building should be calculated with the

overall loading of such metal steel frames mounted atop and

“Structural stability certificate” should be submitted by a registered

structural engineer with the application for the permission of

building (pre-design) or installation (post-design).

Transformers.—In addition to the fenced ionized area around a

transformer, neighbourhood level congregation activity areas should

not be planned/permitted within 3 m of the fence.

Diesel Generators.—The location of the Generator within the Plot

premises should not be adjacent to any habitable/community/

recreational activity within a radius of 3m.

Indoor equipment/Appliances:

Electrical Switchboards.—Unless otherwise amended by Barrier-

free access regulations to such fixtures, they should be mounted as

per existing stipulations laid down in CPWD General Specifications

for Electrical Works-Part I Internal 2013.

No. 39-4]

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943. 235

Wireless Routers.— Within the housing unit, the vertical mounting

height of the router should be not less than 4 feet and should be kept

in the Drawing/Dining zone and not within the zones of longer

period of occupancy e.g. Bedrooms.

In non-residential units i.e. office spaces these routers should be kept

as much away as possible and should be switched off when not in

use.

Figure G-3

Server Room.—Occupied Work-stations should be at least 5 m

away from the server room or associated equipment. If people are

sitting in the same room, they must wear protective gear and should

not have prolonged exposure.

Computer.—Should be placed in the most isolated place in a

dwelling unit, while in an office space, it should not be less than 2.5

feet away from the person using it.

UPS.—Should also be placed in the most isolated place in a dwelling

unit, while in an office space it should not be less than 2.5 feet away

from the person using it.

Mobile Phone.—It usually remains with the user all the time. The

only time it is kept away is when it is being charged. Thus mobile

should be charged from a remotely located power point. It is thus

preferable to provide a charging station in almost every

working/living space at a location, as far as permissible from living

space considerations.

Light sources.—Usually, sun as a source of natural light is the

biggest source of electromagnetic radiations. However, the

atmosphere surrounding us provides a natural shield from

electromagnetic radiations. In this context, the light sources used

inside a living/working space should be given careful consideration

236

The J&K Official Gazette, 24th Dec., 2021/3rd Agra., 1943.

[No. 39-4

from the point of view of Electromagnetic Radiations. Many

luminaries available presently, like Fluorescent tubes, compact

fluorescent lamps, LED lights etc. are used in working/living spaces.

So, their use should not only be determined from the point of view of

energy conservation but also from the point of view of

Electromagnetic Radiations. For this purpose, recommendations of

the manufacturers should serve as proper guidelines—

Table G—1: below summarizes appropriate placement of

equipment’s/appliances in the built environment:—

Sr.

No

Equipment

Minimum safe distance

1.

Mobile Towers

6 m height over the roof level of the last

habitable floor of the building.

2.

Transformers

3 m

3.

Electrical Switchboards No Change

4.

Wireless Routers

4 feet (1.2 m)

5.

Server Room

5 m

6.

UPS

2.5 feet (0.75 m)

7.

Diesel Generators

Radius of 3 m

8.

Mobile Phone

2 feet (0.6 m)

9.

Computer

2.5 feet (0.75 m)

10. Laptop

2.5 feet (0.75 m)

11. UPS

2.5 feet (0.75 m)

12. Wireless Router modem 4 feet (1.2 m)

13. Server room

5 m away from workstations

Note:—Intensity of Electromagnetic Radiations decreases with

increase in distance from the radiation source. So as to

minimize exposure maximum possible distance should be

kept.

EXTRAORDINARY

REGD NO. JK-33

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

—————————————————————————————————

Vol. 134] Jammu, Thu., the 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

—————————————————————————————————

Separate paging is given to this part in order that it may be filed

as a separate compilation.

—————————————————————————————————

PART III

Laws, Regulations and Rules passed thereunder.

————

GOVERNMENT OF JAMMU AND KASHMIR

JAMMU DEVELOPMENT AUTHORITY

Vikas Bhawan, Rail Head Complex, Jammu.

Subject :− Adoption of Jammu and Kashmir Unified Building Bye-Laws,

2021.

Reference :− 1) HUD-LSGOJMC/56/2021-01 (C. No. 16560) dated

09-10-2021.

2) Decision taken by the Board of Directors in its 85th

meeting held on 01-12-2021.

————

Notification No. 13-JDA of 2021

Dated 02-12-2021.

In exercise of the powers conferred under Section 52 read with

Section 12 of the Jammu and Kashmir Development Act, 1970, the

Jammu Development Authority hereby notifies the adoption of

Jammu and Kashmir Unified Building Bye-Laws, 2021 appended hereto,

in its jurisdiction with effect from the publication of this notification in

the Government Gazette.

(Sd.) PANKAJ MAGOTRA, JKAS,

Vice Chairman,

Jammu Development Authority, Jammu.

————

2

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

JAMMU AND KASHMIR

UNIFIED BUILDING BYE-LAWS, 2021,

GOVERNMENT OF JAMMU AND KASHMIR

Housing and Urban Development Department

Jammu and Kashmir

October, 2021.

CHAPTER 1

Preliminary

1.1 Title, commencement and application.—

These building Bye-Laws may be called the Jammu and Kashmir

Unified Building Bye-Laws, 2021. They shall come into force from

the date of their final publication in the Official Gazette in the

manner prescribed by the Competent Authority.

All mandatory Master Plan or Zonal Regulations regarding use,

land use, including modification therein made from time to time

shall be applicable mutatis mutandis in these Bye-laws under this

clause. All amendments or modifications made in the aforesaid

regulations shall automatically stand deemed to have been included

as part of these Bye-laws.

1.2

Definitions.—

In these Bye-laws, unless the context otherwise required the

definition given shall have the meaning indicated against each

term:—

1)

Advertising Sign.—Any surface or structure with

characters, letters or illustrations applied there to and

displayed in any manner whatsoever out of door for the

purpose of advertising or giving information regarding or to

attract the public to any place, person, public performance,

article, or merchandise and which surface or structure is

attached to, from part of, or is connected with any building

or is fixed to a tree or to the ground or to any pole screen,

fence or hoarding or displayed in space, or in or over any

water body included in the jurisdiction of the concerned

Authority.

2)

Alley—means a public thoroughfare which affords only a

secondary means of access to abutting property and not

intended for general traffic circulation.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

3

3)

Apartment.—The building will be called apartment house

when the building is arranged/intended/designed to be

occupied by the families independent of each other and

with independent cooking facility for the purpose of

sale/lease/rent to person.

4)

Access.—A clear approach to a plot or a building.

5)

Alteration.—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 wall, partition, column, beam, joist, floor

(including a mezzanine floor) or other support, or a change

to or closing of any required means of ingress or egress or a

change to the fixtures or equipment.

6)

Approved.—Approved

by

the

Authority

having

jurisdiction.

7)

Air-Conditioning.—A process of treating air to control

simultaneously its temperature, humidity, cleanliness, and

distribution to meet the requirement of an enclosed space.

8)

Authority Having Jurisdiction.—The Authority which

has been created by a statute and which for the purpose of

administering the Bye-laws/part may authorize committee

or an official to act on its behalf; hereinafter called the

‘Authority’.

9)

Balcony.—A

horizontal

projection,

cantilevered

or

otherwise including a parapet handrail balustrade, to serve

as a passage or sitting out place.

10) Basement or Cellar.—The lower story of a building

below, or partly below the ground level.

11) BPIA (Building Permit Issuing Authority).—The officer

notified by the Urban Local Body or Urban Local

Authority for issuing the Building Permits.

12) Building.—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, floors roofs, chimneys, plumbing

and building services, fixed platforms, varanda, 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.

4

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

Tents, Shamianahs, tarpaulin shelters, etc., erected for

temporary and ceremonial occasions with the permission of

the Authority shall not be considered as building.

13) Building Line.—The line up to which the plinth of

building adjoining a street or an extension of a street or on

a future street or a water channel may lawfully extend and

includes the lines prescribed, if any, in any scheme and/or

development plan.

The Build-to-Line shall be considered as the imaginary line

formed after leaving the front (Roadside Setback/Setback)

as governed by the road width.

Building line shall be measured from the centre of median

or centre of carriageway for established roads and the

centre of RoW for other roads.

14) Building Height.—The vertical distance measured—

a. In the case of flat roofs from the average level

surrounding ground and continuance to the highest

point of the building.

b. In case of pitched roofs up to the point where the

external surface of the outer wall intersects the

finished surface of the sloping roof.

c. In the case of gables facing the road, the midpoint

between the eaves level and the ridge. Architectural

features serving no other function except that of

decoration shall be excluded for the purpose of

taking heights.

15) Building Envelope.—The horizontal spatial limits up to

which a building may be permitted to be constructed on a

plot.

16) Building setback—means the distance by which any

building or structure shall be separated from the

corresponding boundary lines of the plot.

17) Built up Area—means area covered immediately above

the plinth level and the external area of upper floor.

18) Canopy—shall mean a cantilevered projection from the

face of the wall over an entry to the building at the lintel

level provided that :

a.

It shall not project beyond the plot line.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

5

b.

It shall not be lower than 2.3 metres or 7/-6// when

measured from the ground.

c.

There shall be no structure on it and the top shall

remain open to sky.

19) Carpet Area.—The covered area of the usable rooms at

any floor level (excluding the area of the wall).

20) Chajja.—A sloping or horizontal structural overhang

provided over openings on external walls for protection

from the weather.

21) Cabin.—A non-residential enclosure constructed of non-

load bearing partitions.

22) Chimney.—A construction by means of which a flue is

formed for the purpose of carrying products of combustion

to the open air and includes a chimney stack and the flue

pipe.

23) Ceiling height—means the vertical distance between the

floor and the ceiling, where a finished ceiling is not

provided, the underside of the joists or top of post plate in

case of pitched roof shall determine the upper point of

measurement.

24) Commercial Building—means a building used as shop,

store, market, money transaction, sale and purchase of

goods either wholesale or retail, storage, godown or any

other activities carried in furtherance of trade and

commerce.

25) Competent Authority.—The Administrative Secretary,

Housing and Urban Development Department shall be the

Competent Authority.

26) Clinic—means a premise with facilities for treatment of

outdoor patients by a doctor.

27) Courtyard.—A space permanently open to sky, enclosed

fully or partially by buildings and may be at ground level or

any other level within or adjacent to a building.

28) Cornice—means a sloping or horizontal structural

overhang usually provided over openings or external walls

to provide protection from sun and rain.

29) Cluster.—Plots or dwelling units or housing grouped

around an open space ideally housing cluster should not be

very large. In ground and one storeyed structure not more

6

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

than 20 houses should be grouped in a cluster. Clusters

with more dwelling units will create problems in identity,

encroachments and of maintenance.

30) Covered Area.—Ground area covered by the building

immediately above the plinth level. The area covered by the

following in the open spaces is excluded from covered area.

Garden, rockery, well and well structures, plant nursery,

water pool, swimming pool (if uncovered), platform round

a tree, tank, fountain, bench, Chabutra with open top and

unenclosed on sides by walls and the like; Drainage culvert

conduit, catch-pit, gully pit, chamber, gutter and the like;

Compound wall, gate, unstoreyed porch and portico,

canopy, slide, swing, uncovered staircase, ramps areas

covered by Chhajja and the like; and Watchmen’s booth,

pump house, garbage shaft, electric cabin or sub-stations,

and such other utility structures meant for the services of

the building under consideration.

Note:−For the purpose of this Part, covered area equals the plot

area minus the area due for open spaces.

31) ‘Cul-de-Sac’ Cluster.—Plots/dwelling units when located

along a pedestrianized or vehicular 'cul-de-sac’ road.

32) Day/s.—Working day of the BPIA.

33) Density.—The residential density expressed in terms of the

number of dwelling units per hectare.

Note:−Where such densities are expressed exclusive of

community facilities and provision of open spaces and

major roads (excluding incidental open spaces), these will

be net residential densities. Where these densities are

expressed taking into consideration the required open

space provision and community facilities and major

roads. These would be gross residential densities at

neighbourhood level. Sector level or town level, as the

case may be. The provision of open spaces and community

facilities will depend on the size of the residential

community. Incidental open spaces are mainly open

spaces required to be left around and in between two

buildings to provide lighting and ventilation.

34) Designated Persons.—The person notified by the Urban

Local body or Urban Local Authority for the receipt of

documentations and clearances on behalf of ULB/ULA.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

7

35) Detached Building.—A building detached on all sides.

36) Development.—‘Development’

with

grammatical

variations means the carrying out of building, engineering,

mining or other operations, in, or over, or under land or

water, on the making of any material change, in any

building or land, or in the use of any building, land, and

includes redevelopment and layout and sub-division of any

land; and to develop shall be construed accordingly.

37) Drain.—A conduit, channel or pipe for the carriage of

storm water, sewage, waste water or other water borne

wastes in a building drainage system.

38) Drainage.—The removal of any liquid by a system

constructed for the purpose.

39) Dwelling.—Is a building designed or used to be used for

residential purposes. Dwelling shall not include boarding or

rooming houses, tents, tourist camps, hotels, guesthouses,

or other structure used for transit residents like pilgrims,

tourists, specialized terms etc.

40) Dwelling Unit/Tenement.—An independent housing unit

with separate facilities for living, cooking and sanitary

requirements.

41) Escalator.—A power driven, inclined, continuous moving

stairway used for raising or lowering passengers.

42) Exit.—A passage, channel or means of egress from any

building, storey or floor area to a street or other open space

of safety.

43) Enclosed Staircase—means a staircase separated by fire

resistant walls and doors from the rest of the building.

44) Erection—means to construct for the first time or to

construct existing building after demolition or to add

another storey over the existing one according to some pre

or revised plans.

45) Fire and/or Emergency Alarm System—means an

arrangement of call points or detectors, sounders and other

equipment for the transmission and indication of alarm

signals working automatically or manually in the event of

fire.

8

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

46) Fire Pump—means a machine, driven by external power

for transmission energy to fluids by coupling the pump to a

suitable engine or motor, which may have varying

outputs/capacity but shall be capable of having a pressure

of 3.2 Kg/cm2 at the topmost level of multi-storey or high

rise building.

47) Fire Service Inlet—means a connection provided at the

base of a building for pumping up the water through in-

built fire-fighting arrangements by fire service pumps in

accordance, with the recommendation of the Chief Fire

Officer.

48) Filling station—means an area of land including any

structures thereon that is or are used or designed to be used

for the supply of gasoline or oil or fuel for the propulsion of

vehicles. For the purpose of these building regulations

these shall be deemed to be included within this term, any

area or structure used designed to be used for polishing,

greasing, and washing, spraying or otherwise cleaning or

servicing such motor vehicles.

49) Fire Hazard Industries.—

i)

“Low

Fire

Hazard

Industries”

include

engineering

industries

using/processing

or

assembling non-combustible materials i. e. lathe

machines, steel works, steel components etc.

ii)

“Moderate Fire Hazard Industries” industries

include

using/processing

or

assembling

combustible materials but not flammable liquid

etc., i. e. plastic industries, rubber and PVS

industries, textile paper, furniture flour mills etc.

iii)

“High

Fire

Hazard

Industries”

includes

industries using/processing flammable liquids,

gases, chemicals petroleum products, plastic or

thermo setting group etc.

50) Floor.—The lower surface in a storey on which one

normally walks in a building. The general term ‘floor'

unless specifically mentioned otherwise shall not refer to a

‘mezzanine floor’.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

9

51) Floor Area Ratio (FAR).—The quotient of the ratio of the

combined covered area of all floors, excepting areas

specifically exempted under these regulations, to the total

area of plot viz. :

Floor Area Ratio (FAR)=

       

 

52) Foundation.—This part of the structure, which is in direct

contact with ground and transmits load over it.

53) Gallery.—An immediate floor or platform projecting from

a wall or an auditorium or a hall providing etc. floor area

and additional seating accommodation and includes the

structures provided for seating in stadia.

54) Govt. Approved Colony.—A colony planned and

developed by developers and approved by urban local

bodies, development authorities, housing board or other

Govt. agencies.

55) Govt. Colony.—A colony planned and developed by

urban local bodies, development authorities, housing board

or other Govt. agencies.

56) Group Housing.—Housing for more than one dwelling

unit, where land is owned jointly (as in the case of

cooperative societies or the public agencies, such as local

authorities or housing boards, etc.) and the construction is

undertaken by one Agency.

57) Guest House.—A guest house shall have separate sleeping

accommodation on transient or permanent basis with or

without dining facilities for not more than 24 persons at a

time.

58) Habitable Room.—A room occupied or designed for

occupancy by one or more persons for study, living,

sleeping, eating, and kitchen if it is used as a living room,

but not including bathrooms, water-closet compartments,

laundries, serving and store pantries, corridors, cellars,

attics, and spaces that are not used frequently or during

extended periods.

10

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

59) Hazardous Buildings.—

(a)

Storage, handling, manufacture of processing of

radioactive substances or highly combustible or

explosive materials or of products which are liable

to burn with extreme rapidity and/or producing

poisonous fumes or explosive emanations.

(b)

Storage, handling, manufacture, or processing of

which involves highly corrosive, toxic or noxious

alkalis, acids, or other liquids, gases or chemicals

producing flame, fumes and explosive mixtures etc.

or which result in division of matter into fine

particles capable of spontaneous ignition.

60) Heritage Building—means any building of one or more

premises or any part thereof which requires preservation,

restoration, and conservation for historical, architectural,

environmental, cultural or religious purpose and includes

such portion of the land adjoining such buildings as may be

required.

61) Heritage Zone—means the area around such heritage

building as delineated under Jammu and Kashmir Heritage

and Conservation and Preservation Act, 2010 from time to

time for restricting the height of building and use of

building. The areas coming under different ASI sites

including the buffers will also be treated as heritage zone.

62) Hotel.—These shall include any building or group of

buildings under single management, in which sleeping

accommodation is provided, with or without dining

facilities.

63) Interlocking Cluster.—Clusters when joined at back and

on sides with at least one side of a cluster common and

having some dwelling units opening onto or having access

from the adjacent clusters. Dwelling units in such clusters

should have at least two sides open to external open space.

Houses in an interlocking cluster may have access,

ventilation and light from the adjacent cluster and should

also cater for future growth.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

11

64) Industrial Building—means a building, which is wholly

or

predominantly

used

as

a

warehouse

or

for

manufacturing/assembling, processing activity or distillery.

65) Ledge or Taakh.—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 1m.

66) Lift.—A mechanically guided car, platform for transport of

persons and materials between two or more levels in a

vertical or substantially vertical direction.

67) Loft.—An intermediate floor between two floors or a

residual space in a pitched roof above normal level

constructed for storage with maximum clear height of

1.5 m.

68) Master Plan.—A Master Plan for town approve by the

Government.

69) Mezzanine

Floor.—An

intermediate

floor

(having

minimum height of 2.2 m) between two floors of any storey

forming an integral part of floor below. Mezzanine Floor

shall be counted in FAR.

70) Mumty or Stair cover.—A structure with a covering roof

over a staircase and its landing built to enclose only the

stairs for the purpose of providing protection from weather

and not used for human habitation.

71) Non-conforming use/building.—It is a building, structure

or use of land existing at the time of commencement of the

zoning regulations and which does not conform to the

regulations pertaining to the zone in which it is situated.

72) Occupancy or Use.—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.

12

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

73) Open Space.—An area forming an integral part of the plot,

left open to the sky.

Note:—The open space shall be the minimum distance measured

between the front, rear and side of the building and the

respective plot boundaries.

74) Open Space, Front.—An open space across the front of a

plot between the building line and front boundary of the

plot.

75) Open Space, Rear.—An open space across the rear of a

plot between the rear of the building and the rear boundary

of the plot.

76) Open Space, Side.—An open space across the side of the

plot between the side of the building and the side boundary

of the plot.

77) Owner.—A person, a group of persons or a body having a

legal interest in land and/or building thereon. This includes

free holders, leaseholders or those holding a sublease, who

will have a legal right to occupation and have liabilities in

respect of safety or building condition. In case of lease or

sublease holders, as far as ownership with respect to the

structure is concerned, the structure of a flat or structure on

a plot belongs to the allotted/lessee till the allotment/lease

subsists.

Note:—For the purpose of this document, the word 'owner' will

also cover the generally understood terms like ‘client’,

‘user ', etc.

78) Parapet.—A low wall or railing built along the edge of a

roof or a floor.

79) Parking Space.—An enclosed or unenclosed covered or

open area sufficient on size to park vehicles. Parking spaces

shall be served by a driveway connecting them with a street

or alley and permitting ingress and egress of the vehicles.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

13

80) Pathological

laboratories—means

a

premise

with

facilities for carrying out various tests for the confirmation

of symptoms of a disease.

81) Plinth.—The portion of a structure between the surface of

the surrounding ground and surface of the floor

immediately above the ground.

82) Plinth Area.—The built-up covered area measured at the

floor level of the basement or of any storey.

83) Porch.—A covered surface supported on pillars otherwise

for the purpose of a pedestrian or vehicular approach to a

building.

84) Polyclinic—means an institution where patients are

clinically examined by one or more doctors for treatment of

disease and where patients are treated but not admitted as

indoor patients as is the case with hospitals and nursing

homes. It can have basic diagnostic facilities.

85) Public Building—means a building owned or used by

Govt. or Semi-Govt. Authority, Public Registered Trust or

such board/foundation which runs and manages charitable

institution like hospitals, educational institutions and

religious institutions. It shall also include places of

Worship like Mosque, Temple, Gurudwara, Church etc.

86) Plans—means a detailed sub-division plan indicating size

and arrangement of all premises uses.

87) Plot.—A piece of land occupied or intend to be occupied

for occupancy by a main building with its accessory

buildings and uses incidental to it.

88) Plot Width.—The shorter the distance from one side of the

plot line to the other measured through that part of the plot

to be occupied by the building.

89) Room Height.—The vertical distance measured from the

finished floor surface to the finished ceiling surface. Where

a finished ceiling is not provided, the underside of the joists

or beams or tie beams shall determine the upper point of

measurement.

14

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

90) RoW Housing/RoW Type Building.—A row of buildings,

with only front, rear and interior open spaces, where

applicable.

91) RoW-Right of Way.—The RoW is the width of land area

acquired for the construction of the roadway. This includes,

carriageway, footpath, service roads, utility area, buffer,

shoulders, and area for future expansions of road.

92) Residential Building—means a building used for human

habitation and includes all garages, stables or other

building apartment/hostels thereto.

93) Registered Technical Personnel (RTP)—will mean

qualified person/persons as Architect/Engineer/Planner/

Group

of

Technical

Personnel/Supervisor/Plumber/

Electrician who has been enrolled/licensed by the

BPIA/accreditation board.

94) Required open space.—The space between the plot lines

and the minimum building set back lines.

95) Semi-Detached Building.—A building detached on three

sides.

96) Service Road/Lane.—A road/lane provided adjacent to a

plot(s) for access or service purposes as the case may be.

97) Set-back Line.—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 plot

boundaries.

98) Site (Plot).—A parcel (piece) of land enclosed by definite

boundaries.

99) Site, Corner.—A site at the junctions of and fronting on

two or more intersecting streets.

100) Site, Depth of.—The mean horizontal distance between

the front and rear site boundaries.

101) Stair cover or Mumty.—A structure with a roof over a

staircase and its landing built to enclose only the stairs for

the purpose of providing protection from weather and not

used for human habitation.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

15

102) Storey.—The portion of a building included between the

surface of any floor and the surface of the floor next

above it, or if there can be no floor above it, then the

space between any floor and the ceiling next above it.

103) Storey, Topmost.—The uppermost storey in a building

whether constructed wholly or partly on the roof.

104) Street/Road.—Any means of access, namely, highway,

street, lane, pathway, alley, stairway, passageway,

carriageway, footway, square, place or bridge, whether

thoroughfare or not, over which the public have a right of

passage or access or have passed and had access

uninterruptedly for a specified period, whether existing or

proposed in any scheme, and includes all bunds, channels,

ditches, storm-water drains, culverts, footpaths, sidewalks,

traffic islands, roadside trees and hedges, retaining walls,

fences, barriers and railings within the street lines.

105) Street Level or Grade.—The officially established

elevation or grade of the central line of the street upon

which a plot fronts and if there is no officially established

grade, the existing grade of the street at its mid-point.

106) Street Line .—The line defining the side limits of a street.

107) To Erect.—To erect a building means,—

a.

To erect a new building on any site whether

previously built upon or not ; and

b.

To re-erect any building of which portions above the

plinth level have been pull down, burnt or destroyed.

108) Urban Local Authority (ULA).—All local authorities

constituted under J&K Development Act, 1970 and

controlled

by

Housing

and

Urban

Development

Department.

109) Urban Local Body (ULB).—All municipal corporations,

municipal councils and municipal committees constituted

under J&K Municipal Corporation Act, 2000 and J&K

Municipal Act, 2000 shall be deemed to be urban local

body.

16

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

110) Verandah.—A covered area with at least one side open to

the outside with the exception of l m high parapet on the

upper floors to be provided on the open side.

111) Ventilation—shall mean the supply of outside air into a

building through window or other openings due to wind

outside and convection effects arising from temperature,

or vapour pressure differences (or both) between inside

and outside of the building.

112) Water Closet (W.C.).—A water flushed plumbing fixture

designed to receive human excrement directly from the

user of the fixture. The term is used sometimes to

designate the room or compartment in which the fixture is

placed.

113) Window.—An opening to the outside other than a door,

which provides all or part of the required natural light or

ventilation of both to an interior space and not used as a

means of egress/ingress.

114) Warehouse—means a building, the whole or substantial

part of which is used or intended to be used for the storage

of goods but does not include a store room attached to and

used for the proper functioning of a shop.

115) Workshop—means a building where not more than ten

persons are employed in any repair/servicing or

manufacturing process.

116) Zonal plan.—A plan detailing out the proposals of

Master Plan and acting as a link between Master Plan and

the layout plan. It may contain a site plan and land use

plan, with approximate location and extent of land uses.

Such as public and semi-public buildings/works utilities,

roads, housing, recreation, industry, business, markets,

schools, hospitals, open spaces etc. It may also specify

standards of population density and various components

of development of the zone.

117) Zone—means any division in which local areas is divided

for purpose of development.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

17

CHAPTER 2

JURISIDICTION, APPLICABILITY AND PROCEDURE FOR

OBTAINING BUILDING PERMISSION AND SANCTIONING

BUILDING PLAN

2.1 Jurisdiction of Building Bye-laws :

These Building Bye-laws shall apply to the building activity in the

Union Territory of Jammu and Kashmir for all urban local bodies,

urban

development

authorities

and

metropolitan

regional

development authorities.

2.2 Applicability of Building Bye-laws :

These building Bye-laws shall be applicable to all building

activities undertaken by private or Government agencies and shall

be read in conjunction with the Master Plan/Zonal Development

Plan or any other statutory plan in force, if any, and notifications, if

any, about the same and as amended from time to time and these

building Bye-laws may be reviewed after five years.

2.3 Applicability of Bye-laws for all types of building developments

and part construction :

Except hereinafter or otherwise provided, these Bye-laws shall

apply to all development, redevelopment, erection and/or re-

erection of a building whether temporary or permanent as well as to

the design, construction of, or reconstruction and additions and

alterations to a building.

i.

Applicability of Bye-laws for Part construction :

Where the whole or part of a building is demolished or altered

or reconstructed, except where otherwise specifically

stipulated, these Building Bye-laws shall apply to the whole

building whether existing or new.

ii.

Change of use/Occupancy :

Where the use of a building is changed, except where

otherwise specifically stipulated, these Building Bye-laws

shall apply to all parts of the building affected by the change.

iii.

Reconstruction :

The reconstruction in whole or part of a building which has

ceased to operate due to fire, natural collapse or demolition

18

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

having been declared unsafe, or which is likely to be

demolished by or under an order of the Authority as the case

may be and for which the necessary certificate has been given

by the Authority.

2.4 Existing approved building :

Nothing in these Bye-laws shall require the removal, alteration, or

abandonment, nor prevent continuance of the lawfully established

use or occupancy of an existing approved building unless, in the

opinion of the Authority such a building is unsafe or constitutes a

hazard to the safety of adjacent property or to the occupants of the

building itself.

2.5 Building Permit Required :

No person shall undertake any building operation/construction

without obtaining a valid Building Permit prior to commencement

of such activity. Issuance of a Building Permit by the BPIA shall

mean an acceptance by the Authority that the design and

specifications of the proposed building, for which Building Permit

has been issued, conforms to these Building Bye-laws/Building

Regulations, and, that the person holding the Building Permit may

undertake construction of the proposed building. It does not

constitute acceptance of correctness, confirmation, approval or

endorsement of—

a)

Easement rights of the plot on which the building is proposed.

b)

Workmanship, soundness of material and structural safety of

the proposed building and shall not bind or render the

Authority liable in any way in regard to (a) and (b) above.

Design and specifications of all aspects of a building shall be

the responsibility of the owner of the building. Design and

specifications of a building shall be mandatory and may be

examined by the BPIA for ensuring the compliance of the

building to these Building Bye-laws/Regulations.

2.6 Procedure for obtaining Building Permit :

Every person who intends to erect or re-erect or make material

alteration in any place in a building or part thereof, within the local

area, shall apply in writing or online as prescribed to the BPIA, on

prescribed format. Such notice shall be accompanied with the plans.

Copies shall be retained in the office of the Authority for record

after the issuance of permission and a copy shall be given to the

applicant and the concerned Ward Officer.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

19

2.6.1

Notice/Application :

Application for Building Permit shall be made by the owner of

the plot on which the building is proposed in the format

prescribed by the agency (Appendix “A”: Form for Application

to Erect, Re-erect or to make Material Alteration in any place in

a Building). Drawings, specifications and documents to be

submitted along with Application for obtaining a Building

Permit shall be as per these Bye-Laws.

2.6.2

Scrutiny of Application :

The Authority shall undertake scrutiny of the application for a

Building Permit with all the requisite checklists. Any deficiency

if found during scrutiny shall be communicated in writing to the

applicant in the prescribed format within time-frame as defined

in section 2.15 and 2.16. The applicant shall submit the revised

application to comply with the objections raised within seven

days. The Authority shall scrutinize the resubmitted plans and if,

there are still some objections that shall be intimated to the

applicant for compliance. It is further clarified that—

(a) No Application shall be valid unless the information

required by the Authority under these Bye-laws or any

further information which may be required has been

furnished to the satisfaction of the Authority.

(b) The Owner/Registered Technical Person shall be fully

responsible for any violation of Master Plan/Zonal

Plan/Building Bye-laws, architectural controls, lease deed

conditions etc. In case of any default, they shall be liable for

action. Any construction so raised shall be deemed to be

unauthorized and shall be liable for action.

2.6.3

Grant or Refusal of a Building Permit :

After receiving the replies, designs and specifications of

proposed building, Building Permit shall be issued to the

applicant when the BPIA is satisfied that the design and

specifications of the proposed building comply with these

building Bye-laws. However, if after receiving the replies the

proposed building does not comply with Building Bye-laws,

Master Plan etc., the application may be rejected. Reasons for

20

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

rejection shall be communicated to the applicant within fifteen

days in the prescribed format (Appendix “A-7”: Form for

Refusal of Building Permit).

2.6.4

Exemption to Government:

No Government/Semi-Government organizations either Central

or UT shall be exempted from complying with the provisions of

the Bye-laws/Regulations, unless ‘Government’ grants such an

exemption.

2.6.5

Plans and documents accompanying applications :

The following plans shall accompany the application for grant of

building permission:—

(a) Site Plan.—The site plan drawn to a minimum scale of

1:200/1'=16'-0″ or Graphic Scale and shall show the

following:—

(i)

The boundaries of the site belonging to the owner

with dimensions and of any contiguous land and

other features including buildings up to 50/-0//

surrounding ;

(ii)

The position of the site in relation to neighbouring

streets with name of the street on which the building

is situated ;

(iii) The position of the site and all other buildings (if

any) which the applicant intends to erect upon his

land in relation to—

•

The boundaries of the site and in case where the

site has been partitioned, the boundaries of the

portion owned by the applicant and also of the

portions owned by other owners of that entire

plot ;

•

The means of access from an existing street to the

building ;

(iv) Graphic Scale with north direction ;

(v)

Plot area, plinth area, floor space index/floor area

ratio ;

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

21

(vi) Location, name and width of each adjacent road or

lane ;

(vii) Such other particulars as may be prescribed by the

Authority ;

(viii) The applicant shall also submit landscape plan

indicating

all

landscaping

elements

viz-a-viz

structure wherever applicable ;

(ix) Location with precise latitude and longitude/key

plan of the site not to scale but giving distance from

known landmark ;

(x)

All utilities lines have to be marked in site plan

wherever necessary ;

(xi) The position of all the existing features like high

tension line, telegraph and electrical poles/lines,

underground pipe lines, trees, grave yards, religious

buildings, railway lines, etc. within a distance of

30m from the nearest edge of the site, all major

physical features of land proposed to be developed

which include the approximate location and size of

any water body, flood affected areas and contours at

an interval of 0.3m in case of the site which has a

slope more than 1:20.

(b) Building Plan.—The details of the building which inter

alia shall include plans, elevations and sections enclosed

with the application shall be accurately drawn to scale of

1:100/1//=8/-0// or Graphic scale. Adequate arrangement for

proper drainage shall also be shown. The plan shall

include—

(i)

Complete layout plan of the area or areas showing

location and width of all street’s dimensions, sizes

and uses of all the plots.

(ii)

Plans of all floors, accessory buildings and

basement plan. Such drawings shall fairly indicate

the size of rooms, size of windows and ventilators,

size of door opening and stair runs.

(iii) Location of drains, sewers, public utility, electric

lines, services, transformers.

22

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

(iv)

Exact location of essential services such as W. C.

sink, bath etc.

(v)

Proposed and existing works should be clearly

indicated in different colour (other than red) or in

marking.

(vi)

Sectional drawings showing clearly the sizes of

footings, thickness of basement walls, if any, all

roof slabs and floor slabs, ceiling heights and

parapet height with their materials. The section shall

indicate the drainage and slope off the roof. At least

one section shall be taken through the staircase.

(vii) Details of served privies (if any).

(viii) Street elevation and one more side elevation.

(ix)

Dimensions of the projected portions beyond the

permissible building line i. e. Chajja line.

(x)

The existing ground level of the plot and proposed

ground level in relation to abutting road level to be

clearly mentioned in drawing.

(xi)

Detailed parking plan.

(xii) Space used for storing construction materials during

the time of construction.

(xiii) The owner shall file an undertaking stating that he

shall leave and surrender land for road widening if

required under rules, and he will not violate any

rules, building Bye-laws, and that in case of

violations the Authority shall be at liberty to

summarily remove such deviations without prior

notice and at the owner’s cost. The form of

undertaking shall be as at prescribed format

(Appendix B Handing Over Land Required for

Road Widening).

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

23

(c)

Building Plans for Multi-Storeyed/Special Buildings.—

For multi-storeyed buildings, which are above 15 M. in

height the following additional information shall be

furnished/indicated in the building plans in addition to the

item listed in section 2.6.5.

For all high-rise buildings which are 15 m or more in height

and for special buildings like educational, assembly,

institutional, business, mercantile, industrial, storage and

hazardous and mixed occupancies with any of the aforesaid

occupancies having covered area more than 500 Sq.m. (see

also Part 4. Fire and Lift Safety of the National Building

Code, 2016), the building sanction shall be done in two

stages. In case of important projects and projects having

high complexity and sensitivity, the Authority may get the

design, drawings and details of such buildings peer

reviewed/proof checked before approving the same.

Stage 1: Planning clearance.—The following additional

information shall be furnished/indicated in the building plan

in addition to the items given in (b) as applicable :—

(i)

Access to fire appliances/vehicles with details of

vehicular turning circle and clear motorable access

way around the building ;

(ii)

Size (width) of main and alternative staircases along

with balcony approach, corridor, ventilated lobby

approach ;

(iii)

Location and details of lift enclosures ;

(iv)

Location and size of fire lift ;

(v)

Smoke stop lobby/door, where provided ;

(vi)

Refuse chutes, refuse chamber, service duct, etc. ;

(vii)

Vehicular parking spaces ;

(viii)

Refuge area, if any ;

24

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

(ix)

Details of building services. Air conditioning system

with position of fire dampers, mechanical ventilation

system, electrical services, boilers, gas pipes, etc. ;

(x)

Details of exits including provision of ramps, etc., for

hospitals and special risks ;

(xi)

Location of generator, transformer and switchgear

room ;

(xii)

Smoke exhauster system, if any ;

(xiii)

Details of fire alarm system network ;

(xiv)

Location of centralized control, connecting all fire

alarm systems, built-in-fire protection arrangements

and public address system, etc. ;

(xv)

Location and dimensions of static water storage tank

and pump room along with fire service inlets for

mobile pump and water storage tank ;

(xvi)

Location and details of fixed fire protection

installations such as sprinklers, wet risers, hose-reels,

drenchers, etc. ;

(xvii)

Location

and

details

of

first-aid

fire-fighting

equipment/installations ;

(xviii)

Features relating to accessibility for the elderly and

persons with disabilities, shall be in accordance with

Chapter 13 of Part 3 ‘Development Control Rules and

General Building Requirements’ of the National

Building Code, 2016 for the designated buildings and

areas ; and

(xix)

An undertaking stating that debris or construction

materials will not be stacked in public places leading

to public nuisance. If the Authority finds that the

applicant caused nuisance to public while executing

construction necessary fine be levied as per

notifications issued by the authority.

Stage 2: Building permit clearance.—After obtaining the

sanction for planning (Stage 1) from the Authority, a

complete set of structural plans, sections, details, design

calculations duly signed by engineer/structural engineer (see

Annexure A) along with the complete set of details duly

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

25

approved in Stage 1 and certificate of completed structural

design work (see Annexure J) shall be submitted. A copy of

the subsurface investigation report prepared and duly signed

by the geotechnical engineer shall also be submitted. The

building plans/details shall be deemed sanctioned for the

commencement of construction only after obtaining the

permit for Stage 2 from the Authority.

(d) Service Plan.—Details of private water supply, sewerage

disposal system, rain water harvesting system and details

of building services, where required by Authority,

shall be made available on a scale not less than

1:200/1//=16/-0// or Graphical scale rain water harvesting

system need to be indicated.

(e)

Specification.—General specification of the proposed

constructions including a detail calculation sheet of

FAR/FSI in the proposals.

(f)

Signing the plans.—All the plans and drawings shall be

duly signed by the owner and the Registered Technical

Person preparing the plan, who shall be registered with the

BPIA (please refer section CHAPTER 2:2.19 for details).

(g) Any other statement as may be required by the Authority.

(h) Ownership Document.—The applicant shall submit proof

of ownership of the land, on which construction is proposed

duly authenticated and verified by Revenue Authority

(Assistant Commissioner, Revenue/Tehsildar as prescribed

hereinafter).

(i)

Fees for permission.—Every applicant intending to

construct or reconstruct or alter any building or part of

building shall pay to the Authority, the various fees

prescribed by the Authority. The applicant shall keep the

proof of submission of fees in his/her records.

(j)

Withdrawal of application.—The applicant may withdraw

the application and plans any time prior to its sanction and

such action shall terminate all proceedings with respect to

such application but the fees paid shall in no case be

refunded.

26

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

(k) An undertaking shall be submitted along with the

documents that the applicant shall be liable for action as per

law

for

furnishing

wrong

information,

fake/fraud

documents or withheld any information having bearing for

grant

of

building

permission

(Appendix

“A-4”:

Undertaking for Payment of Other and Peripheral Charges).

Note:—It should be on non-judicial stamp paper of specified

amount attested by Notary Public/First Class Magistrate.

(l)

Appendix “A-5”: Affidavit-cum-Undertaking.

(m) The applicant shall also attach the documents of seismic

resilience duly signed by the Structural Engineer where the

land is situated in highly vulnerable zone and certificates

shall also be submitted in case the building having built up

area more than 500 Sq.m. or in case more than G+2

building.

(n) Standard Plan Permission.—Each authority shall keep a

set of approved standard building plans for plot sizes up to

150 Sq. m. In case the owner’s/applicants plot is situated in

approval layout, and he wishes to construct as per plans

available with the authority, he may apply to the authority

in the prescribed format indicating his choice of standard

approved plan along with requisite fees and his ownership

documents. The receipt of payment of fees to the authority

in such case shall be considered as authorized building

permission.

(o) In the case the applicant has fulfilled all the requisite

formalities and the Authority has not decided on the notice

of intent of the applicant within a maximum period of 60

days from the date of application, the permission shall be

deemed to have been accorded, provided the proposed

construction does not—

(i)

Violate the planned development of J&K UT as

envisaged by various departments and departmental

agencies such as Municipal Corporation/Council/

Committee, Development Authorities, Jal Shakti

Department, UEED etc. as applicable.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

27

(ii)

Violate zoning regulation under the Master Plan.

(iii) Violate the land use of the area.

(iv)

Violate the FAR and set back norms.

(v)

Come in alignment of green belt.

(vi)

Effect the easement right of the adjacent plot holder

and the title of the land is not subject matter of

dispute before any forum.

(p) Notice for alteration.—When the notice is only for an

alteration of the building, only such plans and statement as

may be necessary, shall accompany the notice.

No notice and building permit, is necessary for the

following alterations, which do not otherwise violate any

provisions

regarding

general

building

requirements,

structural stability and fire safety requirements of these

Bye-Laws:—

(i)

Plastering and patch repairs ;

(ii)

Re-roofing or renewals of roof including roof of

intermediate floors at the same height ;

(iii) Flooring and re-flooring ;

(iv)

Opening and closing of windows, ventilators and

doors not opening towards other’s properties and/or

public road/property ;

(v)

Replacing fallen bricks, stones, pillars, beams etc. ;

(vi)

Construction or re-construction of sunshade not

more than 75cms. in width within one’s land and

not overhanging over a public street ;

(vii) Construction or re-construction of parapet not more

than 1.5 m. in height and also construction or re-

construction of boundary wall as permissible under

these Bye-laws ;

28

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

(viii) White washing, painting, etc. including erection of

false ceiling in any floor at the permissible clear

height provided the false ceiling in no way can be

put to use as a loft etc. ;

(ix)

Reconstruction of portions of buildings damaged by

storm, rains, fire, earthquake or any other natural

calamity to the same extent and specification as

existed prior to the damage provided the use

conforms to provisions of Master Plan/Zonal Plan ;

(x)

Erection or re-erection of internal partitions

provided the same are within the purview of the

Bye-laws.

2.7

Procedure for obtaining a Revised Building Permit :

Changes or revisions in the sanctioned design and specification

of a building may be made provided that a Revised Building

Permit is obtained before construction is undertaken on the

portion of the building that deviates from the Sanctioned Design

and Specification. The changes shall be not more than 10% of

built-up area for consideration as Revised Building Permit, for

changes above 10%, a new application shall be made.

2.7.1

Notice/Application :

Application for Revising a Building Permit shall be made by the

owner of the plot on which the building is proposed in the format

(Appendix “A”: Form for Application to Erect, Re-Erect or to

make Material Alteration in any place in a building).

2.7.2

Scrutiny of Application :

The Building Permit Issuing Authority (BPIA) shall follow the

same procedure as that of issuing new Building Permit after

collecting the fees as prescribed by the Authority. If the revised

permit is applied during the execution of work of the building for

which the revised permit is applied, then construction of the

portion of the building for which revised permit is sought for,

shall not be commenced unless the revised permit is issued by

the Authority.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

29

2.8

Procedure for obtaining a Revalidated Building Permit :

2.8.1

Meaning of “Lapse of Building Permit” :

A Building Permit shall mean to have lapsed if a material fact,

based on which the Building Permit has been granted, no longer

holds true, regardless of whether the BPIA was informed of the

same or not. A lapsed Building Permit shall continue to remain

lapse till the procedural requirements specified for revalidation

of Building Permit in Building Bye-laws are met with. A

Building Permit shall lapse—

(a) If construction of the building is not executed and

completed within the period of three years for residential,

industrial and commercial buildings (4 storeyed) and four

years for multi-storeyed buildings from the date of Building

Permit.

(b) If the ownership of the plot changes after a Building Permit

has been granted as stipulated in Building Bye-laws.

(c) If at any time before obtaining the completion certificate

from the RTP, based on whose certification the Building

Permit was granted, ceases to be the Person on Record

(POR) for the building, either because the Person on Record

was relieved of his responsibility by the Owner, or because

the Person on Record relieves himself of responsibility by

informing the authority as stipulated in Building Bye-laws

and a substitute is not appointed in a period of 15 days.

Following lapse of a Building Permit, construction may no

longer be undertaken on the plot for which the Building

Permit was granted, until the procedural requirements

specified for revalidation of Building Permit are met with.

2.8.2

Meaning of “Revocation of Building Permit” :

Revocation of a Building Permit by the BPIA shall mean that the

Building Permit shall no longer be valid, and that the permission

granted by the BPIA to undertake construction stands

withdrawn.

Following revocation of a Building Permit, construction may no

longer be undertaken on the plot for which the Building Permit

was granted. A Notice of Revocation of a Building Permit shall

be issued in writing as per the format prepared by the BPIA.

30

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

2.8.3

Notice/Application :

Application for Revalidating a Lapsed Building Permit shall be

made by the owner of the plot on which building is proposed;

using the Format (Appendix “A-8” Form of Revalidation)

prescribed by the BPIA.

2.8.4

Scrutiny of Application :

The Building Permit Issuing Authority shall follow the same

procedure as that of issuing new Building Permit after collecting

the fees as prescribed by the Authority.

2.9

Procedure for obtaining a Building Use Permit :

2.9.1

Notice of Completion of Construction and Application for

Building Use Permit :

The owner shall be responsible for notifying the BPIA of

completion of construction, for certifying that the construction

complies with the sanctioned design and specifications, and for

applying for grant of a Building Use Permit. Notice of

Completion of Construction, compliance certification and

application for Building Use Permit shall be made in the format

prescribed by the Authority (Appendix “A-6” Building

Permit/Sanction) and shall be accompanied by documents and

drawings as prescribed by the Authority.

2.9.2

Final Inspection :

Following receipt of the Notice of Completion of Construction,

the authority shall undertake final inspection of construction for

ensuring compliance to sanctioned design and specifications.

The authority shall communicate the date and time of inspection

to the owner within 15 working days of receipt of Notice of

Completion of Construction. In case the BPIA does not

communicate decision to inspect construction within 15 working

days of receipt of Notice of Completion of Construction, the

Building Use Permit shall be deemed to have been granted by

the authority and sanctioned use may be made of the building.

If, on inspection, the authority is satisfied that the construction of

the building complies with the sanctioned design and

specifications, he shall grant a Building Use Permit and

sanctioned use may be made of the building.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

31

2.9.3

Communication of Queries :

If the construction is found not complying with sanctioned

design and specifications, the Authority shall communicate

queries regarding the construction and/or directions to ensure

compliance to the owner, within 7 working days of the date of

inspection. Failure to comply with directions, as may be issued

by the Authority may result in revocation of the Building Permit.

In case the Authority does not communicate queries regarding

the construction and/or directions to ensure compliance within

10 working days of the date of inspection, Building Use Permit

shall be deemed to have been granted by the BPIA and

sanctioned use of the building may be made.

2.9.4

Grant or Refusal of Building Use Permit :

If the BPIA is satisfied that the construction of the building

complies with the sanctioned design and specifications. The

BPIA shall grant a Building Use Permit and sanctioned use may

be made of the building. Reasons for refusal of Building Use

Permit shall be communicated to the applicant within 15

working days for self-use homes and 30 days for other buildings

by the Authority.

2.9.5

Procedure for Obtaining Permit to Change Sanctioned Use

of Building :

(a) Application : Application for obtaining Permit to Change

Sanctioned Use of Building shall be made by the owner of

the plot. The Authority shall determine drawings,

specifications and documents to be submitted along with

Application for Permit to Change Sanctioned Use of

Building.

(b) Fees for Obtaining Permit to Change Sanctioned Use of

Building : The fees and other charges for obtaining Permit

to Change Sanctioned Use of Building shall be as prescribed

by the BPIA Authority.

(c) Scrutiny of Application—

(i)

The BPIA shall undertake scrutiny of the

Application for Permit to Change Sanctioned Use of

Building and communicate to the applicant the date

and time for plot/spot inspection, if required within

15 working days of the date of acceptance of the

application.

32

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

(ii)

Lack of compliance with Building Bye-laws/

Regulations and the master plan and/or queries

pertaining to the application shall be communicated

within 21 working days of the date of acceptance of

the application.

(iii) Acceptance or rejection of compliant modifications

in the application and responses to queries shall be

communicated within 10 working days of receipt of

the modifications and responses.

(iv)

Acceptance or rejection of further compliant

modifications in the application and responses to

queries shall also be communicated within 10

working days of the receipt of modifications and

responses.

(d) Grant or Refusal of Permit to Change Sanctioned Use of

Building : A Permit to Change Sanctioned Use of Building

shall be issued to the applicant when the Authority is

satisfied that the proposed change of use of the building

complies with these Building Bye-laws/Regulations and the

Master Plan. Reasons for rejection of application shall be

communicated to the applicant for his/her satisfaction.

2.10 Fees for permission :

(a) No Notice shall be deemed valid unless the person giving

notice has paid the application fees for the time being in

force to the Authority and an attested copy of receipt of such

payment is attached with the notice.

(b) In case the authority after processing the application of

building permit, the building permission/development

permission fees shall be charged by Authority prior issuance

of such building/development permits.

(c) The fees for building permission will be prescribed by

Government/Urban

Local

Body/Urban

Development

Authority through notification.

2.11 Unauthorized Development :

In case of unauthorized development, the Authority shall take

suitable action, which may include demolition of unauthorized

works, sealing of premises, prosecution and criminal proceeding

against the offender in pursuance of relevant laws in force.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

33

2.12 Unauthorized use of Building :

(a) Use of any building or a part of a building, without a

Building Use Permit or in a manner that does not conform

toits sanctioned use or after a Building Use Permit has been

revoked, shall be deemed to be unauthorized use of

building.

(b) The BPIA may declare the use of any building to be an

unauthorized use if it is convinced that the building is

unsafe for habitation or if its use poses a danger to public

health or safety.

(c) Dealing with unauthorized use of building and unsafe

buildings—

(i)

If the BPIA deems the use of any building or part of

a building to be an unauthorized use of building.

(ii)

It shall, by a written notice, require the person

making unauthorized use of building to stop the

same forthwith.

(iii) If unauthorized use is not stopped, the Authority

may direct the person making such use to be

removed from the building and may cause such

necessary measures to be taken to ensure that the

person does not re-enter the building without

written permission of the BPIA Authority. The

cost(s) of undertaking these measures shall be paid

by the said person.

2.13 Duration of Sanction/Revalidation :

Once a building permit is sanctioned, it shall remain valid for

three years from the date of sanction for residential, industrial,

and commercial buildings (4 storeyed) and for a period of four

years from the date of sanction for high-rise and tall buildings.

However, the validity period of sanction in case of

additions/alterations in both the cases, shall be two years from

the date of sanction. The building permit shall be got revalidated

in the prescribed form before the expiry of this period on year-

to-year basis. Revalidation shall be subject to the Master

Plan/Zonal Plan regulation and Building Bye-laws, as in force,

for the area where construction has not started.

34

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

2.14 Responsibilities of owner and Registered Technical Person :

2.14.1 Responsibilities of Owner :

The owner shall—

(a) Be responsible for ensuring that the building compliances

with the Building Bye-laws, master plan/zonal development

plan.

(b) Shall make the application for a Building Permit.

(c) As prescribed appoint Registered Technical Person to

undertake third-party verification of the structural design

and specifications of the proposed building and, to verify

and certify that the design and specifications compliance

with these Building Bye-laws as prescribed.

(d) As prescribed, Appoint an Engineer/Architect on Record to

certify that the construction of the building has been

undertaken as per detailed design and specifications

stipulated by the R. T. P. and the Structural Engineer on

Record as per clause 2.19.

(e) Obtain a Building Permit prior to commencement of

building.

(f) Submit a Notice of Commencement of Construction,

Notices of Progress of Construction, and a Notice of

Completion of Construction to the Authority.

(g) Obtain a Building Use Permit prior to making use or to

occupying the building or a part of the building.

(h) Inform the BPIA in writing within 7 working days if for any

reason he ceases to be the owner of the plot for which the

Building Permit has been issued or granted, regardless of

whether building has commenced or not.

(i) Inform the Authority in writing within 7 working days if for

any reason, any of the Registered Technical Person

appointed by him has been relieved of their responsibilities.

(j) Ensure that no construction is undertaken during the period

that the Building Permit has lapsed or has been revoked.

(k) Submit Maintenance Certificates as required by Authority

from time to time.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

35

(l) No ownership of a plot or building shall be changed or

transferred by whatsoever means before issuance of Building

Use Permit except with prior permission of Authority. If the

ownership has been changed without prior permission of

Authority, the building permit issued by the BPIA shall be

deemed to have been revoked. This shall also apply to

building under construction. The Authority shall charge the

fee it deems fit for change of ownership. However, the

Authority may on application by prospective owner, issue

Building Use Permit subject to payment of penalty of

Rs. 5000/- if it is satisfied that the building is in conformity

with the design and specifications as approved by the BPIA

Authority.

2.14.2 Revocation of Building Permit and Penal Actions in case of

misrepresentation :

(a) The BPIA may revoke a Building Permit if—

(i)

It determines that false statements were made, or

material facts were misrepresented for obtaining the

Building Permit.

(ii) At any time before obtaining the completion

certificate, the Registered Technical Person based on

whose certification the building construction is

carried out is de-listed by the Authority.

(b) Penal action against defaulting Architects/Engineers/

Groups/Supervisors—

(i)

The Authority reserves the right to take action and

to debar/blacklist Registered Technical Person if

found to have deviated from norms and regulations,

professionally indulged in misrepresentation of any

material fact or in supervision of the construction

against the Building Bye-laws and the sanctioned

building plans.

(ii)

If the BPIA finds at any time any violation of the

Building

Bye-laws/Regulations/master

plan

or

misrepresentation of fact, or construction at variance

with the sanction or Building Bye-laws, inclusive of

36

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

the prescribed documents, the Authority shall be

entitled to revoke the sanction and take appropriate

action against such professionals who shall not be

authorized to submit fresh plans till finalization of

the case. Before debarring or blacklisting such a

professional found to be indulging in professional

misconduct or where she/he has misrepresented any

material fact, the Authority shall give him/her a

show cause notice with a personal hearing and pass

a speaking order to debar her/him with full

justification for the same. An appeal against order

shall lie with the appellate authority i. e., J&K

Special Tribunal.

(iii) Penalties : Procedures for ascertaining whether a

Registered

Technical

Person

has

failed

in

discharging his responsibilities in the context of

these Building Bye-laws/Regulations and the master

plan shall be determined by the BPIA Authority etc.

Penalties for failing to discharge responsibilities

shall also be determined by the Authority.

(c) Penalties to be levied for violations in process for obtaining

building permit as per provisions of the Bye-laws—

(i)

The Authority under provisions of the J&K

Development Act, 1970, the J&K Municipal

Corporation Act, 2000, J&K Municipal Act, 2000

and shall take penal action for violation of Master

Plan/Zoning Regulations or Bye-laws which may

include

stoppage

of

construction

activity,

demolition/alternation and in paying fine and by

imposing penalties.

(ii) Should any dispute arise about the interpretation of

any definitions or provisions of these rules, the

decision of the BPIA shall be final. However,

aggrieved persons may appeal to the appellate

authority against such decisions and the decisions of

the appellate authority shall be final and binding to

all concerned.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

37

(iii) Should at any time the Authority decide that certain

provisions of these rules require change or

suspension in certain areas for a comprehensive

development of the area, the same can be made by

the Authority with prior approval of the Govt.

(iv) Any person who contravenes any of the provisions

of these Bye-laws or interferes or obstructs any

person in discharging his legitimate duties which

shall include to conduct inspection of the work at

various stages and authorized in writing in this

behalf by competent shall be liable to pay a penalty

of Rs. 10,000/-.

(v) Any person who makes any building/structure

functional on its completion without ‘Building Use

Certificate’ as provided in bye-rule 2.9 (2.9.1), shall

be liable to pay a penalty of Rs. Minimum 10,000/-

and maximum Rs. one lac. The persons who without

express permission provides utility service shall also

be liable to pay a penalty of Rs. 10,000/-.

2.14.3 Disputes regarding Interpretation of provisions of Bye-laws :

In case of any dispute arising regarding the interpretation of any

of the provisions of these Bye-laws the matter shall be referred

to Government for a decision. Any action taken under any

law/regulations on the subject before the enforcement of these

Bye-laws shall not be questioned.

2.15 Procedure for Building Permission of Residential Use

Building :

Table 2—1: Procedure for Building Permission of Residential Use

Building

S. No.

For Plots in Government

Colonies

For Other Plots

Step 1 • Preparation of buildings plans from Registered Technical

Person (List given in Section CHAPTER 2: 2.19) (By the

applicant)

38

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

S. No.

For Plots in Government

Colonies

For Other Plots

Step 2 • A ‘provisional permit’ may

be issued by the Registered

Technical Person or any other

designated Technical person

as notified.

• The provisional permit will

be issued by the Registered

Technical

Person

in

the

prescribed

format

as

prescribed by the Authority

based strictly on the approved

Master plans/Building Bye-

laws/ Building Code in vogue

and other norms as applicable

with land title duly attested

by the Concerned Agency.

• The Registered Technical

Person

will

submit

the

provisional permits to BPIA

in the prescribed format as

prescribed by the Authority,

with undertakings through its

nodal person in 3 days after

the

issuance

of

the

provisional permit along with

the types of fees applicable.

• The Registered Technical

Person will certify that the

site

is

clear

from

any

provisions related to water

supply, electric lines, sewers

and drains, water bodies as

prescribed

in the Master

Plan/Building

Bye-laws/

Building

Code/applicable

norms.

• The

applicant

will

submit

the

Building

Permit

Application

online in the prescribed

format as prescribed by

the Authority. The plans

will be submitted in the

prescribed

format

attested

by

the

Registered

Technical

Person

with

the

undertakings as required

that the application is

based

on

approved

Master

plans/Building

Bye-laws/

Building

Code in vogue and other

norms

as

applicable

with land title duly

attested by designated

revenue authority.

• After an application for

erection, re-erection or

alteration of a building

has been received, the

designated person shall

immediately forward a

copy of the plans to

relevant agencies for

their clearance with or

without condition.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

39

S. No.

For Plots in Government

Colonies

For Other Plots

Step 3 Scrutiny of Application

Step-

3.1

After an application for erection, re-erection or alteration of a

building has been received, the designated person shall

immediately forward a copy of the plans to respective agencies

for clearance. The timelines for approval are described in

section 2.17.

Step-

3.2

The Building Permit Issuing

Authority will vet the building

permit in 15 working days or

return it to RTP with comments.

The BPIA Authority shall

give

clearance

in

one

month positively. In case

the

NOC

is

refused,

reasons

for

doing

be

conveyed in writing. In the

case of High Rise and Tall

Buildings the approval may

take 2 months because of 2

step process described in

2.6 (2.6.5).

Step 4 Notification to the applicant in case of deficiency in the

submitted information shall be given within 5 days from

Step 3.

Step 5 The designated person will issue

the building permit based on the

undertaking of RTP at Step-3.

The construction can be started

by the applicant after the vetting

of

the

building

permit

by

Building

Permit

Issuing

Authority or after 30 days from

the

date

of

submission

of

provisional building permit by

the

Registered

Technical

Person to the Building Permit

Issuing Authority through the

notified nodal person.

The BPIA Authority may

issue

permit,

with

modification or refuse the

permission. The applicant

will submit all types of fees

as applicable before the

issuance of permit.

40

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

2.16 Procedure for Building Permission of Non-Residential Use

Building :

Table 2—2: Procedure for Building Permission of Non-Residential

Use Building

S. No. All Non-Residential Buildings High Rise/Tall Building/

Special Buildings

Step 1 Preparation of buildings plans from Registered Technical

Person (List given in Section Chapter 2: 2.19) (By the

applicant).

Step 2 Scrutiny of Application.

Step-

2.1

After an application for erection, re-erection or alteration of a

building has been received, the designated person shall

immediately forward a copy of the plans to respective agencies

for clearance. The tentative timelines for approval are described

in section 2.17.

Step-

2.2

BPIA shall give clearance in

one month. In case the NOC is

refused, reasons for doing be

conveyed in writing.

The BPIA Authority shall

give clearance in two months

positively. In case the NOC is

refused, reasons for doing be

conveyed in writing. Please

refer the 2-step process for

submission

of

required

drawings as described in

section 2.6.5 (c).

Step 3 Notification to the applicant in case of deficiency in the

submitted information shall be given within 5 days from Step 2.

Step 4 The

BPIA

may

issue

permit/issue

permit

with

modification/refuse

the

permission within one month

from the date of receipt of

application.

The

BPIA

may

issue

permit/issue

permit

with

modification/refuse

the

permission

within

two

months from the date of

receipt of application.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

41

2.17

Timelines for clearance from various agencies :

Recognizing the concern for streamlining the procedures for

clearances to be obtained from various departments in least

possible number of procedures and number of days, in this model

is given ensuring that the entire process of pre-construction

approvals should be completed within one/two months:

Table 2—3: Timelines for clearance from various agencies

S.

No.

Type of approval

Approving

Authority

Stage of

project

Duration

(Days)

1

2

3

4

5

A

Intimation of

Disapproval (IoD)

Municipal Authority Pre-

construction

7

B

Site and Building

Layout approval

Municipal Authority Pre-

construction

7

C

Internal NOCs

(Part of OBPS)

PDD, PWD, PHE,

Town Planning,

Sewerage and

Drainage

Pre-

construction

15

D

External NOCs

Fire-Fighting

Scheme

(for High Rise and

Tall Buildings)

Fire Department

Pre-

construction

15

Ancient Monument

Approval

Archaeological

Survey of India

(ASI) and JK

Archaeology/

Heritage

Preservation Act

Environment

Clearance

Ministry of

Environment, Forest

and Climate Change

Pre-

construction

Bore-well

Registration

Certificate

Central Ground

Water

Authority

Pre-

construction

AAI Height NOC

Civil Aviation

Department

Pre-

construction

42

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

1

2

3

4

5

Pollution Clearance

State Pollution

Control Board

During

construction

Defence

Clearance

Ministry of

Defence

Pre-

construction

E

Building Permit

Issue (All NOCs)

Municipal Authority Pre-

construction

30 (60

days for

High Rise

and Tall

buildings)

F

Construction

Complete

Construction Time

depends on the

project Scale and

Size

G

Building Use

Certificate

Municipal Authority Post

construction

15 days

for self-

use homes

and 30

days for

other

buildings.

2.18 No Objection Certificates required for Building Permission :

1.

Title Verification: NOC from the Revenue Department shall

be required for plots other than Govt. Colonies and will be

integrated into OBPS.

2.

Fire and Emergency Services: NOC shall be required for

Assembly and Intensive Commercial and Residential Use

Buildings which inter alia includes R3, C3, C4, C5, PSP1,

PSP2, PSP3 and PSP4 or as notified by the ULB/ULA.

Note:—The NOCs’ from other departments like PDD, PWD,

PHE, Town Planning, Sewerage and Drainage shall be

integrated within OBPS for the concerned Local Bodies

and Authorities.

2.19 Qualifications for Registered Technical Persons :

a) Minimum Qualifications and Competence Requirements :—

The authority shall empanel Town Planners, Architects, Civil

Engineers, Structural Engineers, Geotechnical Engineers,

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

43

Urban Designers, Landscape Architects, Electric Engineers as

Town Planners on Record, Architects on Record (AoR),

Engineers on Record (EoR), Structural Engineers on Record

(SEOR), Geotechnical Engineers on Record (GTEoR), Urban

Designers on Record (UDoR), Landscape Architects on

Record (LAoR), Electric Engineers on Record (EEoR),

Surveyor 1 and Surveyor II etc. respectively. Applications for

listing should be made in the format prescribed by the BPIA

Authority from time to time etc. The UT may also create a

statutory board or committee for the accreditation of the

professionals.

The BPIA Authority shall determine minimum qualifications

and competence requirements for being considered for listing

as Persons on Record from time to time.

Table 2—4: Minimum Qualifications and Competence

Requirements

S.

No.

Professional

Qualification

Competence/Functions

1

2

3

4

1

Architect on

Record

(AoR)

A technical person

having

valid

registration of the

Council

of

Architecture.

The registered Architect shall

be competent to carry out the

work

related

to

the

building/development permit

as given below:—

a) Prepare and sign all plans,

sub-divisions/layout plans

and

information

connected with building

permit/licence

except

engineering services of

multi-storeyed/special

buildings

along

with

supervision.

b) Issue

Provisional

Permission up to the plot

size prescribed in these

Bye-laws or prescribed in

the

relevant

orders/

notifications.

44

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

1

2

3

4

c) Issuing

certificate

of

supervision

and

completion

of

all

buildings pertaining to

architectural aspects.

2

Engineer on

Record (EoR)

Graduate in civil

engineering from

recognized Indian

or

foreign

university

as

recognised

by

AICTE

and

registered

with

valid membership

(Civil)

of

the

Institution

of

Engineers, India.

The registered engineer shall

be competent to carry out the

work related to the building/

development permit as given

below:—

a) Prepare

and

sign

structural drawings and

service

plans

and

information

connected

with building permit.

b) Preparation of structural

drawings,

details,

and

calculations of buildings

on plot up to 500 m2 and

up to 5 storeys or 16 m in

height, all service plans

and related information

connected with develop-

ment permit of area up to

1 hectare for metro-cities

and 2 hectares for other

places.

c) Issuing

certificate

of

supervision for develop-

ment of area up to 1

hectare (for metro and

Class-I

cities)

and

2

hectares for other places

pertaining

to

building

layout, building structure,

civil works, and service

installations.

d) Issuing

certificate

of

supervision and complet-

ion

of

all

buildings

including structure and

building services.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

45

1

2

3

4

3

Structural

Engineer on

Record

(SEoR)

Postgraduate

in

Structural

Engineering from

recognized Indian

or

foreign

university

as

recognised

by

AICTE

and

Corporate

Member (Civil) of

Institution

of

Engineers (India),

minimum 3 years’

experience

in

structural

engineering

practice

with

designing

and

field work.

Note:—In

case

of

doctorate

in

structural

engineering,

the

experience

required would be

one year.

The

registered

structural

engineer shall be competent

to

prepare

the

structural

design,

calculations

and

details for all buildings and

undertake their supervision.

4

Town Planner

on

Record

(TPoR)

Graduate or Post-

graduate degree in

Town

Planning/

Urban Planning or

related

field

or

equivalent degree

as recognised by

AICTE

and

registered

with

valid membership

of the Institute of

Town

Planners,

India.

The registered town planner

shall be competent to carry

out the work related to the

development permit as given

below:—

a) Preparation of plans for

land

sub-division/layout

and related information

connected

with

development permit for

all areas.

b) Issuing of certificate of

supervision for develop-

ment of land of all areas.

46

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

1

2

3

4

Note:—However, for land

layouts

for

development

permit above 5 hectares in

area, landscape architect shall

also be associated, and for

land

development

infra-

structural services for roads,

water

supplies,

sewerage/

drainage, electrification, etc.

the registered engineers for

utility

services

shall

be

associated.

5

Landscape

Architect on

Record

(LAoR)

Bachelor

or

Master’s degree in

landscape

architecture from

recognized Indian

or

foreign

university.

The

registered

landscape

architect shall be competent

to carry out the work-related

to

landscape

design

for

building/development permit

for land areas 5 hectare and

above. In case of metro and

class I cities, this limit of

land area shall be 2 hectare

and above.

Note:—For

smaller

areas

below the limits indicated

above,

association

of

landscape architect may also

be considered from the point

of view of desired landscape

development.

6

Urban

Designer on

Record

(UDoR)

Master’s degree in

Urban design or

equivalent

from

recognized Indian

or

foreign

university.

The registered urban designer

shall be competent to carry

out the work related to the

building permit for urban

design for land areas more

than 5 hectare. She/he shall

also be competent to carry

out

the

work

of

urban

renewal for all areas.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

47

1

2

3

4

Note:—For

smaller

areas

below the limits indicated

above, association of urban

designer may be considered

from the point of view of

desired urban design.

7

Surveyor—I

Three Years

Diploma in

Architecture

Assistantship

The registered Surveyor-I

shall be competent to carry

out the work related to the

building permit as given

below:—

Prepare and sign plans

• For residential: Up to 1

Kanal Plot

(3 storeyed

building)

• For Commercial: Up to 10

Marlas

Plot (3

storeyed

building)

8

Surveyor—II Two years drafts-

manship in Civil

The registered Surveyor-II

shall be competent to carry

out the work related to the

buildings as given below:—

Prepare and sign plans

For residential: Up to 10

Marlas Plot

(2 storeyed

building)

For Commercial: Up to 7

Marlas

Plot (2

storeyed

building)

48

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

1

2

3

4

9

Supervisor on

Record (SoR)

Diploma in civil

engineering from

recognised

institute with 2

yrs.

working

experience

or

Civil

draftsman-

ship from ITI with

5 years’ experi-

ence

under

a

qualified

Architect/Civil

Engineer

for

building

construction

and

supervision.

The

registered

supervisor

shall be competent to carry

out the work related to the

building permit as given

below:—

All

plans

and

related

information connected with

building

permit

for

residential buildings on plot

up to 100 m2 and up to two

storeys or 7.5 m in height ;

and

Issuing

certificate

of

supervision for buildings as

above.

10

Plumber

on

Record (PoR)

ITI in Plumbing,

with

minimum

2 yrs. experience

of execution of

sanitary

and

plumbing

works

under any Govern-

ment Department/

local body or a

qualified

Architect/

Engineer

knowledge

of

working drawings

and dimensioned

sketches.

A

plumber

shall

be

competent

to

do

the

following jobs:—

a. Execution/supervision of

sanitary works up to 500

Sq.m.

plot

size

and

4

storeyed buildings.

11

Electrician on

Record

(EloR)

ITI in Electrical,

with minimum

2yrs experience of

execution of

electrical works

under any

government

department/local

body or a

An

electrician

shall

be

competent

to

do

the

following jobs:—

a. Execution/supervision of

Electrical works up to 500

Sq. m. plot size and 4

storeyed buildings.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

49

1

2

3

4

qualified

Architect/

Engineer

knowledge of

working drawings

and dimensioned

sketches.

12

Fire

Consultant on

Record

(FCoR)

As prescribed by Chief Fire Officer, Town/City

Fire service

b) Listing Fee and Security Deposit :

Listing Fee and Security Deposit for listing, as Persons on

Record with the BPIA shall be determined by the Authority and

notified by the Housing and Urban Development Department.

CHAPTER 3

STREAMLINIING OF BUILDING PLAN APPROVALS

3.1

Clearances at Master Plan level :

Individual construction proposals should not generally require

separate clearances from various authorities each time. Such

clearances should be integrated into the DCR of the

Master/Development Plan of the concerned city. The areas

unaffected by any of the restrictions should be clearly marked out

and mapped on a GIS platform. Area zones of differential control

regulations (within the city) by any of these agencies may also be

mapped accordingly. This will result in a composite map of the

city with various control regulations as per the various agencies

clearly marked on the map. Thus, the sites which are located

outside these restricted/regulated areas would not require clearance

from the respective authorities, thereby reducing the clearance

50

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

process significantly. Following are the clearances which should

be integrated into the city Master Plan:—

Table 3—1: Minimum Clearances from various agencies proposed

to be integrated in Master Plans

S.

No.

Name of Agency

Type of

Clearance

Area of Influence

1

National

Monuments

Authority

through Local

BPIA

Ancient

Monument

approval

As prescribed in the AMASAR

(Amendment and Validation)

Act, 2010 for protection of

monuments.

And

J&K

Archaeology/Heritage

Preservation Act

2

Ministry of

Environment,

Forest

and

Climate Change

Environment

Clearance

(EC)

As prescribed in the statutory

provisions

for

EIA

and

clearance based on the size of

the project in accordance with

Environment Protection Act,

1986

3

Central Ground

Water Authority

through Local

BPIA

Bore-well

Registration

Certificate

As per Guidelines/criteria for

evaluation of proposals/requests

for Ground Water Abstraction,

2012

4

Ministry of Civil

Aviation

AAI Height.

NOC

Critical and non-critical area as

identified by AAI

5

Ministry of

Defence

Defence

Clearance

Areas in and around Defence

Establishments as identified by

MoD.

6

Ministry of

Railways

Area

Clearance

Buffer zones as prescribed by

Railways along the Rail tracks/

depots/yards etc.

3.2

Options for reducing the timelines for approvals :

The above suggested steps are only indicative, however, there is

scope for streamlining the procedures for clearances to be

obtained from various departments in the least possible number

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

51

of procedures and number of days. Some of the options which

can reduce the time taken for various procedures are:—

a) Online sanctions : ULBs/Development Authorities have

introduced online sanction for issuing building plan and

completion certificate. The process involves use of software

tools for scrutiny of building plans. All the documents are

required to be submitted electronically using a portal. In case

the building plans do not conform to the DCR the deviations

are listed out in form of a report and intimated to the

applicant/engaged Competent Professional for building plan

design, vide an online ID in his account.

b) Empowering

Professionals :

Empowering

Competent

Professionals as prescribed for building plan design will

facilitate to streamline the procedure for obtaining approvals.

The urban local body or urban local authority or by the

Housing and Urban Development of the UT of J&K shall

empanel such professionals based on their qualifications and

track record. The empowered professionals can, also on

behalf of developers/builders submit the documents required

at the time of various clearances. This has been

comprehensively defined in the Chapter 2.

c) Creating a Cell in ULBs : There is a need for creating a

specialized cell in ULBs and UDAs which is manned by

qualified personnel conversant with the procedures and the

interpretation of development regulations. The cell should be

headed by a qualified Town Planner who should inter alia

lead a team of Architects, Engineers, Environment Specialist

and Legal Experts among others. The cell should have the

dedicated provision for online submissions and conveying

the online approvals as well. This will require robust

software and hardware system capable of handling large

digital files.

d) Single Window System : All agencies involved in the

process need to be integrated in a single electronic facility

with proper coordination and monitoring of timelines. The

52

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

Municipal

Corporation/Council/Committee

needs

to

constitute teams comprising of experts from various agencies

to be formed under the overall supervision of a Town

Planner designated to assist developers/builders with

complex projects and to constantly improve the sanction

process by cutting down delays.

e) Integration of agencies outside the ULBs for online

clearances : Various agencies like AAI, NMA, SUAC, Fire

Services, Department of Industries, Ministry of Defence, etc.

grant NOC clearance to the building plans in certain specific

cases. This may be streamlined for Ease of Doing Business

by following 2 directions as given below:—

i.

Building permission for specific areas/sizes are to be

examined by the external agencies. These areas should

be plotted on GIS based colour-coded map which may

be made available in the public domain on the agency’s

website, with clearly identified coordinates so that

building falling only in these areas need to approach the

concerned agencies for obtaining clearances. These maps

may also be made available on the website of the

concerned municipal bodies.

ii.

The external agencies also need to develop online

clearance/NOC application systems which should

suitably be integrated with the online building approval

systems of the municipal bodies. The two systems

should be so compatible that the building plans

submitted to the local bodies may after scrutinizing with

colour-coded zoning maps shall be e-transmitted to the

external agencies. The agency concerned should give

clearance within a period of maximum of 10 days with

no requirement of applicant to physically visit the offices

of the agencies. The NOC may again be e-transmitted to

the concerned local body on the building permission

system so that the ULB shall use those for final

approval.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

53

3.3

Development of an IT enabled team to operate the Building

Permission Online :

a) The IT person shall be able to analyse and identify the issues

regarding the building permit in the existing system as well as

for the system of Single Window Clearance to be adopted in

the future.

b) The IT team shall enable a preview selection mode so that the

applicants after submitting all the documents can preview it

before final submission in the existing online system.

c) The IT team shall also add the total time-frame for clearance

at each step in the existing online system dashboard.

d) The IT person shall coordinate with various departments

which issues NOCs and shall also identify the total time

required in issuing it.

e) Various issues in cross verifying the uploaded documents for

e. g. uploading of digital signature, online payments,

inspection etc. shall be listed in order to improve the existing

online approval system as well as for shifting to the automated

building approvals in the future.

f) The physical submission of building permit documents shall

be removed by introduction of Pre-DCR software to the

applicants.

g) The IT team shall enable online tracking system of NOCs if

applicable through the existing online system for the

applicants.

h) The IT team shall provide a Pre-DCR formatted software to

the consultants (Architects/Engineers/Draftsman etc.) till the

time automated building approval system is not introduced.

i) The IT team shall issue an applicant no. through which if an

applicant uploads the requisite documents thereafter after

verification by the IT team can download the Occupancy

Certificate.

3.4

Other Suggestions to enhance Ease of Doing Business :

Some other suggestions, regarding Fast Track construction

permits are—

a) Citizens’ Charter :

A Citizens’ charter lists out the timelines and upper limits of

time for the delivery of citizen services of the organization.

54

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

The objective of issuing the charter is to improve the quality

of public service in terms of timely delivery. Such charters

should be brought out by all municipalities to maintain high

standards of accountability and transparency. The standards of

service to be provided, the maximum number of days required

for building approvals and the standards procedures should be

listed out in the citizens’ charter. Some states have gone a step

further and introduced a Citizen Service Delivery Guarantee

Act whereby the timelines prescribed by a citizen charter are

made statutory and binding on officials.

b) Capacity Building :

Capacity building measures are to be adopted for such

functionaries to identify Training Needs (TNA) and other

technical requirement of duties that they are required to

discharge. Fresh recruitments commensurate to the technical

qualification/experience are to be made by the UT, if there is

complete absence of the technical expertise needed for the

said services.

c) Empowered Committees :

The Authorities may also consider constituting ‘Empowered

Committees’ or ‘Peer Expert Groups’ for undertaking scrutiny

and approval. This committee can be manned as per the

requirement and area of more than one municipality can be

put under its jurisdiction. This has special significance for tall

buildings.

d) Simplification of Bye-laws :

The Building Bye-laws have been simplified for easy

comprehension of lay person as well as professionals involved

in developmental activities. The simplification process should

also include the process of application, the filling up of forms

and streamlining the process of application.

CHAPTER 4

PROCEDURE DURING CONSTRUCTION

4.1

Right to Inspect Construction :

4.1.1

Right to inspect construction at any time :

a) All buildings for which Building Permit is issued are subject

to inspection by the concerned officer and the authority

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

55

reserves the right to inspect such buildings at any time

during the period of construction without giving prior notice

of its intention to do so. Owner of the plot and/or any person

undertaking construction shall permit authorized officers of

the ULB/ULA to enter the plot and inspect the building for

the purpose of enforcing these Building Bye-laws.

b) The structural design, constructional standard etc.; of all

high-rise and tall buildings are required to be supervised

during construction at three stages at (1) foundation, (2)

plinth stage/ground floor and (3) upper floor/roofing stage in

the manner described below :

c) The individual/promoter is required to get his construction

checked at above mentioned three stages of construction by

the Authority. Necessary certificate in the format prescribed

by the Authority shall be submitted to the BPIA at each stage

before proceeding with next stage of construction. Next

stage of construction shall not be proceeded with unless

certificate of completion of preceding stage is examined and

cleared by Authority. The clearance through “Go-ahead

Certificate” at each sage shall be issued by Authority within

seven working days from the date of receipt of completion

certificate at each stage. Failure to comply with this

provision shall be deemed that the building permission has

been revoked.

4.1.2

Information to be prominently displayed on Site :

It shall be the responsibility of the owner to erect a notice board

on the plot displaying key information pertaining to the building

within 15 working days of issue of Building Permit. The notice

board should be prominently visible, easily readable and should

be located next to the primary access to the plot. The notice

board/s should be maintained for the entire Period of

Construction up to issue or grant of Building Use Permit. Failure

to comply with this Building Bye-law may result in revocation of

the Building Permit.

4.1.3

Documents and Drawings to be maintained on Site :

It shall be the responsibility of the owner for the building to keep

all the documents and drawings approved on the site, at all times

56

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

after issuing Notice of Commencement of Construction to the

Authority up to the issue or grant of Building Use Permit. These

documents should be made available to any authorized officer of

the Authority inspecting the site for the purpose of enforcing

these Building Bye-laws. Failure to comply with this Building

Bye-laws may result in revocation of the Building Permit.

4.1.4

Reducing Inconvenience and Ensuring Safety during

Construction :

It shall be the responsibility of the owner to certify that no

building material, building equipment or building debris is

stacked, stored, left or disposed of outside the plot for which

Building Permit has been granted, on any public street or space.

Failure to comply with this Building Bye-law may warrant

penalties on the owner of the plot. The levy of penalties shall be

notified separately.

4.1.5

Barricading the Plot during Period of Construction :

It shall be the responsibility of the owner to ensure that plot on

which construction is being undertaken, is adequately

barricaded. Specifications for barricading the plot shall be

adhered to strictly. Failure to comply with this Building

Bye-laws may warrant penalties on the owner of the plot for not

providing adequate barricading of the plot during Period of

Construction.

4.1.6

No Damage or Undue Inconvenience during Construction :

a) It shall be the responsibility of the owner to undertake all

necessary measures to ensure that no damage is caused to

adjoining properties due to construction.

b) It shall also be the responsibility of the owner to undertake

all

necessary

measures

to

ensure

that

no

undue

inconvenience is caused to the public, due to factors such as

noise, dust, smell or vibrations.

c) It shall also be the responsibility of the owner to undertake

all necessary measures to ensure that traffic is not disrupted

due to construction.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

57

d) It shall be the responsibility of the owner to carry out all

instructions given in writing by authorized officers of the

Authority as the case may be to ensure public safety and

reduce inconvenience.

e) Failure to comply with this Building Bye-law may warrant

penalty as prescribed by Authority for violation of any of the

sub-rule. However, before levy of penalty, an opportunity of

being heard shall be provided to owner of the plot.

4.1.7

BPIA Not Liable for Ensuring Safety during Construction :

The owner shall be responsible for ensuring that all necessary

measures for safety for all are taken on site. Grant of Building

Permit, Permit to Use Abutting Street for Construction, grant of

Building Use Permit for part of a building, or issuing of any

instructions to ensure public safety or reduce inconvenience,

does not render the Authority liable for any injury, damage or

loss whatsoever that may be caused to any one in or around the

area during the Period of Construction. In all such cases owner

shall be wholly and solely responsible.

4.1.8

Notice for Commencement of Construction :

The owner of the building shall notify the Authority of his

intention to commence construction at least 7 days prior to

commencing construction by filing a Notice of Commencement

of Construction in the format prescribed by the Authority. This

shall not be applicable to self-use homes.

4.1.9

Authority to be notified of Progress of Construction:

The owner shall be responsible for notifying the BPIA of the

progress of construction. Notices of Progress of Construction

shall be made in the format prescribed by the Authority.

4.1.10 Permit to Proceed with Construction Required :

No construction shall be undertaken after filing Notice of

Progress of Construction. A Permit to Proceed with

Construction from the Authority is required to undertake further

work. Permit to Proceed with Construction shall be issued in the

format prescribed by the Authority. Application for grant of

Permit to Proceed with Construction shall be made in the format

prescribed along with Notice of Progress of Construction.

58

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

4.1.11 Grant or Refusal of Permit to Proceed with Construction :

a)

The Authority may undertake inspection of construction

for compliance to sanctioned design and specifications. In

the case that the Authority decides to inspect site of

construction, it shall communicate the date and time of

inspection to the owner of the building within 5 working

days of receipt of Notice of Progress of Construction.

b)

In case BPIA does not communicate decision to inspect

construction site within 5 working days of receipt of

Notice of Permit to Proceed with Construction shall be

deemed to have been granted by the Authority unless

otherwise communicated, and construction may be

undertaken on the site for building.

c)

If the Authority undertakes inspection and is satisfied that

the construction of the building complies with the

sanctioned design and specifications, it shall grant a

Permit to Proceed with Construction and further

construction may be undertaken on the building.

d)

If the construction is found not to comply with sanctioned

design and specifications, it shall communicate queries

regarding the construction and/or directions to ensure

compliance to the owner within 5 working days of the date

of inspection. The owner shall be responsible for ensuring

compliance to such directions as may be issued. Failure to

comply with directions, as may be issued by the Authority

may result in revocation of the Building Permit.

e)

In case BPIA does not communicate queries regarding the

construction and/or directions to ensure compliance within

7 working days of the date of inspection, Permit to

Proceed with Construction shall be deemed to have been

granted and the construction may be undertaken on the

building.

f)

The owner shall respond to queries and notify the

Authority of having undertaken compliant modifications.

If the Authority is satisfied that the construction of the

building complies with the sanctioned design and

specifications, it shall grant a Permit to Proceed with

Construction and further construction may be undertaken

on the building.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

59

4.1.12 Offences and Penalties :

Penalties for not complying with Building Bye-laws/Regulations

shall be stipulated by the BPIA. Failure to notify the BPIA

before commencing construction may result in levy of penalty,

which shall be decided by the BPIA.

The BPIA may also levy the penalties on defaulting officials for

deviating from prescribed timelines for clearance from the

agencies. The penalties for the delay will be notified separately.

CHAPTER 5

DEVELOPMENT CONTROL/ZONING REGULATIONS

5.1

Land-Use Zoning :

5.1.1

Land Use and Uses Permitted :

The proposed land use Plan in the respective Master Plans/Zonal

Development Plans should be referred for the land use of a given

land parcel.

All the towns should have a master plan and in case of towns not

having even the draft master plans, towns should have a coarse

land use plan which will be called a structure plan. The structure

plan will also delineate the core area of all towns/

municipalities/area of council.

5.1.2

Proposed Zoning :

Table No. 5—1 Proposed Zoning

Sr.

No.

Code

Description of Uses in the reference code

1

2

3

Residential (R)

1.

R1

Detached Dwelling units, Semi-Detached Dwelling

units, RoW Houses, Common Places (such as

community Parks), Convenience Shop (Single shop),

Meditation/ Yoga Centre.

2.

R2

Low Rise Apartments, Farm House, Cottage industries

(not involving the use of or installation of any kind and

which create noise, vibration, fume, dust etc. and shall

60

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

1

2

3

not be permitted in tenement dwellings, flats, playfield,

garden), Gyms, Orphanages, Old-age Home, Paying

Guest House, Part Portion of Residential Building for

Office use by Professionals such as Advocates, Doctors,

Architects, Engineers, CA, Hostel, Dharmshala, Single

Room Occupancy, Pre-School, Boarding and Lodging

(accommodation for transit employees of Govt./Local

bodies), Medical and Pet clinics, Dispensary, plant

nursery, Library, Common Places (such as community

Parks), Convenience Shop (Single shop), Religious

structures, Atta Chakki.

3.

R3

Group Housing, Flats/High Rise Apartments, Affordable

Housing,

Cottage

Industries,

Plotted

Residential

Development, Residential flat, Common Places (such as

community Parks), Multi-level Parking.

Commercial (C) :

4.

C1

Retail Shops (such as Bakery/Confectionary items,

Grocery/General store, Dairy products, stationary,

books, Gifts/Book binding, Cyber cafe/Phone booth,

LPG

booking

office/LPG

showroom

excluding

cylinders, Laundry/Dry cleaning/Ironing shops, Sweet

shops, Pan shops, Tea/Coffee shops, Chemist/Medicine

shops, Optical shops, Home Appliances/Electronic

repair shops, Photo studio, Cable/DTH office, Cycle

Repairs shops, Ration and kerosene distribution shops,

Vegetables/Fruits/Flowers/Mutton shops/Poultry stalls,

Photocopy/FAX/STD PCO, Computer Service centres,

Hair

cutting

saloons/Beauty

Parlour,

Tailor

shop/Boutique, Newspaper shops, Ticket Booking shops,

ATM, Eateries shops excluding sitting provisions,

Audio-video libraries, Mobile phone shops, courier),

Retail Clusters/Shopping clusters, Common Places (such

as community Parks), clinic, Pet Clinic, Vet Clinic,

offices of professionals (like advocates, doctors,

architects, engineers, chartered accountant, town planner

etc.), power looms up to 2HP.

5.

C2

Pathology Laboratory, Scanning Centres, Kerosene

Depots, Hotels, Restaurants, Corporate offices, Call

centres, Training centres, Recreational clubs, Social

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

61

1

2

3

clubs, Medical and Pet Clinics, Fitness centres, Nursing

home, Maternity home, LPG Retail outlet, Information

Technology

activity

centres,

Hardware

shops,

Departmental stores, Guest House, Professional offices,

Taxi stand/three-wheeler stand, Conference Hall,

Commercial complex, Yoga Centre, Education Coaching

centre, Banks.

6.

C3

Shopping Mall, Convention centres, Public Community

hall, Museum, Entertainment and Amusement centres,

Hospitals, Development activity centres related to

Information Technology, Exhibition centres, Godowns,

Financial institutions, Restaurants, Hotels (All types

excluding hotels *rated 4 and 5), Motels, Sports

complex, Swimming pools, Agro-based mandis, Fruits

mandis, Vegetable mandis, Junk yards, Cold storage,

Goods markets, Petrol Pumps, Workshops, Garages,

Auto service stations, Charging stations for Electrical

Vehicles, CNG Filling stations, Theatre, Pollution free

Small and Medium Scale Industry including MSME,

Conference

Hall,

Multi-level

Parking,

Education

Coaching centre, Commercial and Corporate offices,

Banks, power looms up to 10 HP, Junk Yards (on

internal roads only), Agro Mandis.

7.

C4

Hotels with *4 and 5 Ratings, Banquet halls,

Commercial Complexes, Wholesale market, Timber

mart, Cinema and Multiplexes, Godowns.

8.

C5

Auditorium, Planetarium, Stadium, Warehouses, Weigh

Bridge, Heavy goods markets.

Public, Semi-public/Institutional (PSP) :

9.

PSP1 Play-Way Schools, Creches, Preschools, Primary

schools, PHC, clinic, Dispensary, Sub-offices of Govt.

utilities, Police Post, Common Places (such as

community Parks, Gardens), Banks.

10.

PSP2 Middle Schools, High Schools, Higher Secondary

schools, Integrated Residential schools, School for

Mentally/Physically Challenged, Police stations, Post

62

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

1

2

3

offices,

Hostels,

Spastic

Rehabilitation

Centres,

Orphanages, Govt. Dispensaries, Nursing Homes,

Hospital up to 20 Bed, Public Library, Community hall,

Public distribution system shops, Bill collection Centres,

Traffic and Transport related offices, Exclusive places of

worship, Social and welfare centres, Local Municipal

facilities, Art Galleries, Museum, Police Station, Fire

Sub-Station, Zonal Level Govt. Utilities, Common

Places (such as community Parks, Gardens).

11.

PSP3 Colleges, Civil Hospital, Hospital more than 20 Bed,

Hospital for infectious diseases, Mental Hospital, Parks

and playgrounds Maidans and Stadiums, Dharmshalas,

Hostels, Dhobi Ghat, Place of worship along with

ancillary uses, Higher Educational Institutions, Colleges,

Fire stations, Govt. Buildings, Auditoriums, Cultural

complexes, Fire stations, Broadcasting and Transmission

stations. Jails, Police headquarters, Police lines, Solid

waste

dumping grounds/sites, Bus and Railway

passenger terminals, Monuments, Exhibition centres,

open air theatre, Recreational clubs, Court, Universities,

Polytechnic, Specialized educational institute, All Govt.

Uses, Common Places (such as community Parks,

Gardens),

Multi-level

Parking,

Office

without

Commercial Activity.

12.

PSP4 Medical College and Research centre, Universities and

Deemed Universities.

Mix Land Use (M) :

13.

M

All activities in the mixed used zone as given in the

table 5-2.

Recreational Use (RC) :

14.

RC

Public Parks, Gardens, Botanical Gardens, Sports

Related Activities, Open Spaces, Water Sports, Golf

Course, Amusement Park, Recreational Club.

Agricultural/Urban Agriculture Use (Ag) :

15.

Ag

Agriculture, Horticulture, Dairy, Poultry Farm, Plant

Nurseries, Agro-based Industries excluding hazardous

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

63

1

2

3

chemicals, cottage industries, dwelling of the people

engaged in farm (rural settlement), Farm house, Solar

Project, Windmill, public utilities, flour mills.

The following uses shall be allowed in favour of

bona fide residents of the village with last 20 years

ownership of land:—

Residential house, convenient shops, work centre,

Atta Chakki, clinics/dispensary, school, repair shop,

cold storage and rice shellar. This is subject to

production of documentary proof.

Transportation and Communication (TC) :

16.

TC

This land use is meant for roads, bus stands, bus

terminal, Parking, Multi-Level Parking, railway station,

railway line and airport, Communication establishments,

Integrated Freight. Complex (Wholesale shops and

subsidiary storage capacity, Parking facilities, Godowns,

cold storage, Service/repair facilities, Rest/recreation for

drivers, Weighing Bridges, Office space, Facilities like

banking, postal truckers, etc. required for business

transactions, Amenities for wholesales, truckers and

their employees, Areas for shops, eating houses and

other service, establishment, Provision of lighting, water

supply and garbage, sewerage disposal), Hostel, Guest

House, Boarding House and Lodging House, Filling-

cum-Service Station, Filling Station, Compressed

Natural Gas (CNG) Dairy Station, Petrol Pumps and

Service Stations, workshops and garages for LMV and

HMV, Warehouse, storage depots, truck terminals.

Industries Use (ID)—Minimum RoW of the road shall be 12 m or

as per prescribed guidelines of Industries and Commerce

Department :

17.

ID1

All type of Light, Service Industries, Small Factories,

Warehouses, Newspaper Printing Press, Concrete

Batching Plant, stone cutting and polishing, Poultry

Farm, Dairy, Assembly Plant, Filling station.

64

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

1

2

3

18.

ID2

All Industries except Hazardous Industries, Junk Yard,

Textile Units, Ice Factory, Quarrying of Stone,

Quarrying of Gravel, Quarrying of Clay, Dumping of

Solid Waste, Non-obnoxious and Non-Hazardous

Industry.

19.

ID3

Slaughter House, Meat Processing Units, Leather

Processing Units, Cold Storage, flour mills.

20.

ID4

Fuel Storage, Storage of inflammable materials, Thermal

Power Plant, Power Plant, Gas Plant, Storage of

Hazardous Materials, Hazardous Industries, Chemical

Industries, Obnoxious and Hazardous Uses, Dying

House.

Conservation Use (CG) :

21.

CG

It is an environmentally conserved land use where no

building

construction

is

permitted

like

Forest,

Vegetation, Dense Plantation, Rivers, Water Bodies and

green buffer.

5.1.3

Permissible and Non-Permissible Uses as per Use-Zones as

per the Existing Road Width :

Table No. 5—2 Permissible and Non-permissible Uses as per-

Zone

P—Permissible, NP—Not permissible, CA—Uses Permissible

on approval by BPIA Authority.

(Only following list of Activities are Permissible and Non-

Permissible for the local/notified Area) :—

S.

No.

Activi-

ties

ROW

(m)

B/L (m)

Use-Zones

F.S.B.

(m)

R

Zone

M

Zone

C

Zone

RC

Zone

T

Zone

PSP

Zone

1

2

3

4

5

6

1.

R1 (i)

3.0

3.0

P

P

P

NP

P

P

1.5

2.

R1 (ii)

4.5

4.0

P

P

P

NP

P

P

1.8

3.

R1 (iii)

6.0

5.5

P

P

P

NP

P

P

2.5

4.

R2

9.0

8.0

P

P

P

NP

P

P

3.5

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

65

1

2

3

4

5

6

5.

R3

12.0

11

P

P

P

NP

NP

NP

5.0

6.

C1

9.0

8

P

P

P

NP

P

P

3.5

7.

C2

12.0

11

P

P

P

NP

P

NP

5.0

8.

C3

15.0

13.5

NP

P

P

NP

NP

NP

6.0

9.

C4

18.0

16

NP

P

P

NP

NP

NP

7.0

10.

C5

24.0

19.0

NP

NP

P

NP

NP

NP

7.0

11.

PSP1

9.0

8

P

P

P

NP

P

P

7.0

12.

PSP2

12.0

11

P

P

P

NP

P

P

7.0

13.

PSP3

15.0

18.5

P

P

P

NP

P

P

7.0

14.

PSP4

24.0

21.5

NP

NP

NP

NP

NP

P

7.0

15.

RC

All

As

applicable

road

category

P

P

P

P

P

P

As

applicable

road

category

16.

30.0

22.0

The

activities

will

be

permissible

as

above

and

guided by minimum road width

requirement.

7.0

17.

36.0

25.0

7.0

18.

50.0

32.0

7.0

19.

60.0

37.0

7.0

Note:—Whichever is more shall be applicable w.r.t. Building

lines/ROWs.

P

Permitted

NP

Not Permitted

B/L

Building line (From centre of

abutting road)

FSB

Front Set Back

RoW

Right of Way

Retail Shops:

• In R zone, Commercial and professional and other office activities

shall be permissible with maximum coverage up to 1/3rd of

permitted FAR.

66

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

• The below mentioned shall be categorized as Retail Shops :—

Bakery/Confectioneries items, Grocery/General Store, Daily

Products, Stationary/Books/Gifts/Book binding, Cyber Café/Phone

booth, L.P.G. booking office/L.P.G. showroom excluding cylinder,

Pan shop, Laundry/Dry cleaning/Ironing shop, Sweet Shop/Tea

Shop excluding seating provisions, Chemists/Medicine shop,

Optical shop, Home Appliances/Electronic Repair shop, Photo

Studio, Cable/DTH office, Cycle Repair shop, Under Public

Distribution System shops for Ration and Kerosine Distribution

Shops, Vegetables/Fruits/Flower shops, Photocopy/Fax/STD-PCO,

Haircutting/Beauty Parlour, Tailor shop/Boutique.

Notes:—

I.

No development shall be permitted in area designated for water

body, pond and Talav excluding River-front Development.

Setbacks to be maintained from a designated water body shall be

as per Regulation for Conservation Zone (CG) of these

regulations.

II.

The land designated for public purposes, the uses shall be

permissible as per the requirements of concerned department.

III.

For all Zones,—

Ø If the line of a zone divides a building unit, the maximum

permissible F.A.R. available on either part of such building

unit shall be as per the respective Zones.

Ø Such a building unit may be developed separately as per the

regulations of the respective zones or as a contiguous

development utilizing the combined maximum permissible

F.A.R. in the part of the building unit which lies in the zone

with higher F.A.R.

IV.

Public Utilities and Facilities shall be permitted in any Zone.

V.

In the local areas where the mixed land use zones are not defined

in the land use plan of the master plan, the concerned Authority

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

67

shall unequivocally notify the roads for mixed land use along with

the extant vis-à-vis the mixed land use zone in the table 5-2.

VI.

For buildings above 21 m height shall have front setback of 1/3rd

of the height of building or building line of the road whichever is

more.

5.1.4

Circumstances under which Existing Non-Conforming Uses

will be allowed to continue :

Existing non-conforming uses may continue in the following

circumstances:—

a)

Any lawful use of land or building premises existing before

coming into force of these Regulations may be allowed to

continue, if it does not conform to the use provisions of these

Regulations provided that such non-conforming use is not

extended or enlarged.

b)

In case a building accommodating any non-conforming use,

collapses or is pulled down or is dismantled, any new

building on such site shall conform to these Regulations and

to the land use regulations prescribed in these Regulations.

c)

In case of alteration work in a building, the permission shall

be given only after giving setbacks and building line for

proposed roads as per these Regulations.

5.1.5

Development on Kabrastan, burial ground etc. :

The land occupied by the graveyards, Kabrastan, burial grounds,

crematoria and allied actions in the local area shall be kept

permanently open. BPIA may permit structures to be built for

specific purpose as ancillary use.

5.2

Development Control Regulations :

5.2.1

Minimum Space/Plot Area requirements, Maximum Ground

Coverage, Setbacks/Setbacks, Permissible Floor Area Ratio

(FAR) and Maximum Height.

68

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

5.2.1.1

The regulations for Residential Use in terms of Plot Area,

Ground Coverage, FAR and Setbacks shall be as given

below:—

Table No. 5—3

A. Minimum Setbacks/Setbacks, Maximum Ground Coverage and

No. of Storeys as per Plot Area Range for R1, R2 categories of

Residential Use.

S.

No.

Area

(In Sq. m)

Max.

Ground

Coverage

No. of

Storeys

Type of

Const.

Set Back Limits

(Minimum) in metres

Front

Rear Side

Side

1.

Up to 75

75%

G+2

RoW

Shall be as per table No. 5—2

0

0

0

2.

Above

75—125

75%

G+2

RoW

1.5

0

0

3.

Above

125—275

65%

G+2

RoW

2.0

0

0

4.

Above

275—350

55%

G+2

Semi-

detached

2.0

2.0

0

5.

Above

350—450

50%

G+2

Semi-

detached

2.0

2.0

0

6.

Above

450—600

45%

G+2

Detached

3.0

3.0

2.0

7.

Above

600—1000

40%

G+2

Detached

3.0

3.0

2.0

8.

Above

1000

35%

G+2

Detached

3.0

3.0

2.0

Note:—

I. No side setbacks shall be required in plots or irregular

proportions/dimensions up to the width of 10M, minimum rear

setback of 1M shall be permitted in cases where depth of such

irregular plots is up to 12M. However, there shall be no change

in permissible ground coverage, No. of storeys and height of the

building as given in the table above.

II. The maximum height of a residential house shall not be more

than 12m. Height of each storey in a residential house shall not

be less than 3M, staircase mumty height up to 2.5m shall be in

addition to G+2 storeys permissible.

III. Total habitable floor area shall not be in any case more than

three times the allowable ground coverage.

IV. To cater to this parking requirement in individual plotted

residential houses, stilt floor shall be allowed within the building

envelope and shall be exclusively used for parking for roads 6 m

and above.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

69

V. Any area within building envelope provided for parking on

ground shall not be counted in covered floor area and the same

area shall be allowed for habitable purpose on 3rd floor.

VI. In case stilt parking is provided within building envelope in

combination with ground floor, the area under parking shall be

allowed for habitation on 3rd floor. Height of stilt floor in this

case shall not be more than 3m.

VII. Basements shall not be allowed in row housing, but single

basement shall be allowed in detached and semi-detached

housing subject to fulfilment of basement norms as per National

Building Code.

VIII. Basements in individual plotted housing shall be counted

towards FAR and ground coverage.

IX. Single basement shall be allowed within the building envelope

ensuring structural safety with maximum height of 3.0 m from

finished floor to soffit of beam.

X. Porches up to an area of 17 Sqm shall be allowed in side

setbacks only and no construction over such porches shall be

allowed.

XI. Areas under porch shall be calculated @ 50% for coverage.

XII. Stilt floor shall be allowed on roads not less than 6.0 m Width.

B. Regulations for R3—Group Housing (Flatted Development)

S.No.

Plot Area

(Sq. m)

Max. Ground

Coverage

Max. FAR and

Dwelling Units

per ha

Max. Height (m)

Min. Setbacks

Rear & Both sides

(Each Side)

Tower to Tower

Distance

1. 4000—

8000

30%

175

Height to

be

regulated

by Fire and

Emergency

Equipment

available.

1/3rd of height

of building or

7.5m or building

line of the

abutting road

whichever is

more.

Minimum 6M

all around up to

40 m height and

minimum 9m

allround above

40m height.

2.

Above

8000

30%

225

1/3rd of height.

of building or

7.5

m

or

building line of

the

abutting

road whichever

is more.

Minimum

6M

all around up to

40 m height and

minimum 9 m

all round above

40m height.

70

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

Note:—

I. The Group Housing Scheme shall be subject to Reservation

Policy for EWS/LIG Housing for Urban Poor as per J&K

Housing, Affordable Housing, Slum Redevelopment and

Rehabilitation and Township Policy, 2020.

II. F. A. R./Density required for EWS shall not be counted in

overall FAR of the Group Housing Scheme and shall be

subject to the fulfilment of parking norms for EWS as well if

provided within the Group Housing Scheme. Allotment under

EWS scheme shall be made strictly as per the J&K Housing,

Affordable Housing, Slum Redevelopment and Rehabilitation

and Township Policy, 2020.

III. Bye-laws for affordable housing shall be as per J&K Housing,

Affordable Housing, Slum Redevelopment and Rehabilitation

and Township Policy, 2020.

IV. Maximum Commercial/Public, Semi-public use in Group

Housing/Flatted Development shall be 10% of the total

site/scheme area.

V. Security room may be allowed at the entrance gate up to a

maximum built up area of 30 Sqm (up to 3.5m height) after

maintaining the RoW of road and shall be counted as FAR.

VI. Minimum floor height from finished floor for any habitable

space shall be 2.75m.

VII. Built up area (Unit Area) of apartment for calculation of ECS

shall be excluding common service areas. Any service area

within apartment shall be counted in built up area. Balconies

and Verandas shall be counted @ 50% in FAR.

VIII. If there are any bends or curves on the approach road within

the plot, a sufficient width shall be provided at the curve to

enable the fire tenders to turn, the turning circle being at least

of 9.0 m radius. Where entry to the plot is through a slip road

the gate width shall not be less than 9.0 m for entry of the fire-

fighting appliances.

IX. The internal access to the building within the plot and open

spaces on its all sides shall not be less than 6 m width and the

layout for the same shall be done in consultation with Chief

Fire Officer, Fire Service and the same shall be reinforced to

ensure safety of the fire equipment and capable of taking the

weight of Fire Engine, weighing up to 45 tons. The said open

space shall be kept free of obstructions and shall be

motorable.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

71

X. Main entrances to the premises shall be of 9.0 m width to

allow easy access to the fire engine and in no case, it shall

measure less than 6 m. The entrance gate shall fold back

against the compound wall of the premises, thus leaving the

exterior access way within the plot free for movement of fire

service vehicles. If archway is provided over the main

entrance the height of the archway shall not be at a height less

than 5m.

XI. The catalogue for sale of apartments shall be similar to the

basic plan approved by the Authority.

XII. No deviation in the plan shall be allowed once the apartments

are sold in part or whole.

XIII. No common areas like corridors, stairs, lifts, lobbies shall be

allowed to be sold to a particular person or a group of persons

after the apartments are sold in part or whole.

XIV. No apartment holder shall be allowed to have extra rights on

common spaces.

XV. Common spaces shall include all green spaces, children’s

parks, play grounds, sports facilities, areas which are of

common use of the apartment owners forming part of the

sanctioned plan under bye-laws of the Authority.

XVI. Any additional space not counted in the permissible floor

space shall also be treated as common areas.

XVII. Designated parking spaces shall be allotted to apartment

holders.

XVIII. Height Exemptions:

a. Roof tanks and their supports not exceeding 1.0 m. in

height.

b. Ventilating, air conditioning and lift rooms and similar

service equipment.

c. Stair covered with mumty not exceeding 3.00 m. in

height.

d. Chimneys and parapet wall and architectural features not

exceeding 1.50 m. in height unless the aggregate area of

such structures exceeds 1/3rd of the roof area of the

building on which they are erected. All such appurtenant

structures shall be camouflaged to achieve streamlined

aesthetics.

72

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

C. Regulations for Housing Colonies (plotted)

a)

A group or a group of persons or a co-operative society or firm

intending to plot out an estate into more than 4 plots shall give

notice in writing to the BPIA which will be accompanied by a

layout plan of entire land showing the areas allotted for roads,

open spaces, plot and public buildings, the specification of the

roads, drains and other infrastructures.

b) Roads, drains, water mains and electric lines required for the

colony shall be constructed by the developer at his own cost and

no plot shall be eligible for any services and utilities by the govt.

and/or Municipal Corporation unless the colony is developed

properly and approved by the BPIA, and no building plan shall

be considered by the municipality or prescribed authority in any

plot of such a colony which has not received the prior approval

of the BPIA. Developer in this case will mean the person,

co-operative or the firm intending to plot out the land into more

than 4 plots.

c) Land use of the layout plan approved by the BPIA shall not be

changed unless with the prior consent of the BPIA.

d) Open spaces allocated for parks, playfields, utility sites/buildings

in a colony shall be deemed to have been sold along with the

plots as amenity of the colony by the developer to the plot

holders of the colony. The development of such open spaces

shall be the responsibility of the developer.

e) No permission shall be accorded for construction of a building in

any notified area which shall cause nuisance by way of odour,

smoke, noise or disturbance to inhabitants of the locality or be

injurious to health of the residents of the buildings or to the

inhabitants in the surrounding areas.

f) Norms for Colonies up to 1.0 Hectare:

Land Distribution

1.

Min. Approach Road

9.0 m.

2.

Internal Roads

Width of Means of Access

(m)

Length of Means of

Access (m) Max

6.0

75

7.5

150

3.

Area under Roads

Min. 12%

4.

Area under Green

Min. 10%

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

73

5.

Residential Area

Max. 70%

6.

Commercial/PSP Area

Max. 5%

g) Norms for Colonies above 1 Hectare up to 4 Hectare:

Land Distribution

7.

Min. Approach Road

12.0 m.

8.

Internal Roads

Width of Means of Access

(m)

Length of Means of

Access (m) Max.

6.0

75

7.5

150

9.0

250

9.

Area under Roads

Min. 12%

10. Area under Green

Min. 10%

11. Residential Area

Max. 70%

12. Commercial/PSP Area

Max. 10%

5.2.1.2

The regulations for Commercial and Public, Semi-Public

building use in terms of Space/Plot area, Ground Coverage,

FAR, Height and Setbacks/setbacks shall be as under :—

Table No. 5—4

•

Maximum Building Height and Minimum Setbacks

Note:—WEIM = Whichever is more, NA = Not Allowed/Applicable, B. L= Building Line

Commercial

S.

No.

Building

Use

Plot Area

(Sq. m)

Ground Coverage

(%)

FAR

Max.

Height.

(m)

Min. Setbacks (m)

Front

Rear

Side

Side

1

2

3

4

5

6

7

8

9

10

1.

Single

Shop

Up to

100

70

210

12

(G+2)

Shall be as

per Table

No. 5—2

N

N

N

Note:—Shopping permissible on G+1 only. Basement shall not be allowed.

2. Shopping

Cluster

Above

100—

300

60

180

14

Shall be as

per Table

No. 5—2

3.0

3.0

N

Note:—Shopping permissible on G+1 only. Basement shall not be allowed.

74

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

1

2

3

4

5

6

7

8

9

10

Above

300—

750

50

180

14

Shall be as

per Table

No. 5—2

3.0

3.0

N

Note:—Single Basement within the building envelope shall be allowed as specified

in the basement norms. Stilt floors within the building envelope shall be allowed

for parking only.

3. Commer-

cial

Complex

Above

750—

2000

45

180

20

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

3.0

3.0

Note:—Single Basement within the building envelope shall be allowed as specified

in the basement norms. Stilt floors within the building envelope shall be allowed

for parking only.

Above

2000—

4000

40

180

25

Shall be as

per Table

No. 5—2

6.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

6.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

6.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

Note:—Double basements if used for parking shall be allowed as specified in the

basement norms. Stilt floors within the building envelope shall be allowed.

Above

4000

35

180

Height to

be regul-

ated by

Fire and

Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

6.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

6.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

6.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

Note:—Three basements if used for parking shall be allowed as specified in the

basement norms. Stilt floors within the building envelope shall be allowed.

4. Cinemas/

Cineplex

Min.

4000

50

150

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

1/3rd of

Building

Ht.

1/3rd of

Building

Ht.

1/3rd of

Building

Ht.

Note:—Three basements if used for parking shall be allowed as specified in the

basement norms. Stilt floors within the building envelope shall be allowed.

Canteen/food court up to15% of FAR shall be allowed.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

75

1

2

3

4

5

6

7

8

9

10

5. Hotel

1000-

2500

40

180

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

1/3rd of

height of

building

or 6 m

(W.E.I.M)

1/3rd of

height of

building

or 6 m

(W.E.I.M)

1/3rd of

height of

building

or 6 m

(W.E.I.M)

Note:—5% of permissible FAR for party hall and 3% permissible FAR for

Conference hall shall be allowed.

For Conference halls/party halls/bars/restaurants etc. (Excluding entrance hotel

lobby/atrium) min parking @ 1.5 ECS for 10 Sqm shall be provided.

Double basements if used for parking shall be allowed as specified in the basement

norms. Stilt floors within the building envelope shall be allowed.

Above

2500

30

200

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

1/3rd of

height of

building

or 6M

(W.E.I.M)

1/3rd of

height of

building

or 6M

(W.E.I.M)

1/3rd of

height of

building

or 6M

(W.E.I.M)

Note:—5% of permissible FAR for party hall and 3% permissible FAR for

Conference hall shall be allowed. For plots more than 12K facilities like banquet

hall shall be allowed with parking provision as per banquet norms.

For Conference halls/party halls/bars/restaurants etc. (Excluding entrance hotel

lobby/atrium) min parking @ 1.5 ECS for 10 Sqm shall be provided.

Three basements if used for parking shall be allowed as specified in the basement

norms. Stilt floors within the building envelope shall be allowed.

6. Mall-

cum-

Multiplex

Min.

5000

40

200

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

1/3rd of

height of

building

or 3M

(W.E.I.M)

1/3rd of

height of

building

or 3M

(W.E.I.M)

1/3rd of

height of

building

or 3M

(W.E.I.M)

Note:—For halls/party halls min parking @ 1.5 ECS for 10 Sqm shall be provided.

Three level basements if used for parking shall be allowed as specified in the

basement norms. Stilt floors within the building envelope shall be allowed.

76

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

1

2

3

4

5

6

7

8

9

10

7. Janjghar/

Comm-

unity

Center/

Banquet

Hall

Min.

6000

30

60

12

Shall be as

per Table

No. 5—2

1/3rd of

height of

building

or 6M

(W.E.I.M)

1/3rd of

height of

building

or 6M

(W.E.I.M)

1/3rd of

height of

building

or 6M

(W.E.I.M)

Note:—Double basements shall be allowed. Basements should be allowed for

parking only. In case of sloping roof, no activity shall be allowed in the attic space.

Security room may be allowed at the entrance gate up to a maximum built up area

of 15 Sqm (up to 3.5M height) after maintaining the RoW of road and shall be

included in FAR. Parking shall not be allowed in proposed RoW of roads.

Bore-wells and power-driven water pumps shall not be allowed in construction sites

or in any building without license and proper permission from the competent

authorities.

8. Ware-

housing,

Storage

Vegetable

s & Fruit

Mandis

Min.

25000

25

100

15

Shall be as

per Table

No. 5—2

9.0

9.0

9.0

9. Multi-

Level

Parking

Min.

2000

66

-

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

Note:—Minimum number of car parking space shall be 50. Terrace/Roof Top

Parking shall be allowed with proper protection to the satisfaction of concerned

Authority.

In order to compensate the cost of Multi-Level Parking, a maximum 25% of Gross

Permissible Floor Area may be utilized as Commercial/Office space.

Maximum FAR proposed for commercial spaces shall be 100 (excluding parking

areas). In addition to requisite parking space required for commercial developed

within the Multi-Level Parking complex (@ 3 ECS/100 Sq. m). Three times

additional space for parking components shall be provided.

Three basements shall be allowed for parking as specified in the basement norms.

Maximum height shall be restricted to permissible height of the land use in which

the plot falls.

Shops/Offices/Commercial spaces shall be allowed on ground and first floor, only

for rehabilitation of project affected persons in Government comprehensive

schemes.

In case of Government comprehensive schemes, development controls including

height shall be as per approved scheme.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

77

1

2

3

4

5

6

7

8

9

10

INDUSTRIAL USE

10. Flatted

Group

Industry

and

Service

Centre

Min. 2000

30

120

20

Shall be as

per Table

No. 5—2

1/3rd of

height of

building

or 6M

(W.E.I.M)

1/3rd of

height of

building

or 6M

(W.E.I.M)

1/3rd of

height of

building

or 6M

(W.E.I.M)

Note:—Basement up to the building envelop line to the maximum extent of 50%

plot area shall be allowed and if used for parking and services should not be

counted in FAR.

11. Light and

Service

Industry

100 up to

500

60

120

12

Shall be as

per Table

No. 5—2

3.0

3.0

N

500 up to

4000

55

125

12

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

4000 up to

12000

50

115

12

Shall be as

per Table

No. 5—2

6.0

6.0

6.0

Above

12000

45

100

12

Shall be as

per Table

No. 5—2

6.0

6.0

6.0

Note:—Maximum floors allowed shall be basement, ground floor and 1st floors;

basement should be below ground floor and to the maximum extent of ground

coverage shall be counted in FAR. In case the basement is not constructed, the

permissible FAR can be achieved on the second floor. In case of truss, height of

building should be adjusted/relaxed.

12. Extensive

Industry

400 up to

4000

50

100

9

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

4000 up to

12000

45

90

9

Shall be as

per Table

No. 5—2

6.0

6.0

6.0

12000 up to

28000

40

80

9

Shall be as

per Table

No. 5—2

7.0

7.0

7.0

Above

28000

30

60

9

Shall be as

per Table

No. 5—2

8.0

8.0

8.0

Note:—Single Storey building with basement is allowed. Basement shall be below

the ground level and the maximum extent of the ground coverage and shall not be

counted in FAR. In case of truss, height. of building should be adjusted/relaxed.

78

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

1

2

3

4

5

6

7

8

9

10

Height relaxation can be considered by the content Authority for specialized

industries requiring more height.

PUBLIC AND SEMI-PUBLIC/INSTITUTIONAL USE

13. Offices:

General/

Govern-

ment

Office/

Inte-

grated

Office

Complex

-

30

210

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

Note:—The integrated office complex shall include Central Government Office,

Local Government Office, Public Undertaking Offices and Courts.

Maximum up to three basements within the building envelope. Stilt floors within

the building envelope shall be allowed. Minimum plot area for offices shall be 500

Sqm. These norms shall not apply on basic/important infrastructure/utilities to be

created by Government and shall be as per the Government policies.

Educational

14. Pre-

Nursery/

Creches

As per Residential use Norms.

Note:—Pre-Primary Schools/Nursery Schools/Montessori Schools/Creche, Play

Schools, may be permissible in residential use.

15. Nursery

School

Min. 750 33.33

100

Ht. as per

land use

but not

exceeding

15m

Shall be as

per Table

No. 5—2

3.0 or

B.L.

(W.E.I.M)

3.0 or B.L.

(W.E.I.M)

3.0 or B.L.

(W.E.I.M)

Note:—Stilt floors within the building envelope shall be allowed. Basements shall

not be allowed.

16. Primary

School

Min. 2000

33

120

15

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

17. Middle

School

Min. 4000

33

115

15

Shall be as

per Table

no. 5—2

3.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

79

1

2

3

4

5

6

7

8

9

10

18. High/

Higher

Secon-

dary

School

Min. 7500

35

140

18

Shall be as

per Table

No. 5—2

4.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

4.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

4.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

19. College

Min. 30000

25

100

18

Shall be as

per Table

No. 5—2

5.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

5.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

5.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

20. Educat-

ional and

Research

Centre/

Univer-

sities

Min. 80000

Academic including Administration (45% of the total land area).

-

30

120

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

10.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

10.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

10.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

Residential (25% of the total land area.

-

Regulations of Group Housing shall be followed subject to provision of

density of 400 PPHa gross and land shall be reserved for residential

facilities @ 9.2 Sq. m. per person.

Sports and Cultural Activities (15% of the total land area).

-

10

15

-

Shall be as

per Table

No. 5—2

10.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

10.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

10.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

Parks and Landscape Areas (15% of the total land area).

-

Suitable landscape plan to be prepared for this area.

Note:—Stilt floors within the building envelope shall be allowed. Double basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

80

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

1

2

3

4

5

6

7

8

9

10

Health

21. Hospital

Min. 6000

40

250

when

RoW

less

than

25m

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

300

when

RoW

more

than

25m

Note:—Maximum 10% ground coverage shall be allowed for providing atrium and

shall be free from FAR. In case, additional ground coverage for atrium is utilized

25% of the utilized ground coverage shall be counted toward FAR. Common areas

such as waiting halls, reception and fire stair cases shall be allowed free from FAR.

Service floor of height 1.8m shall not be counted in FAR. The setbacks/regulations

are subject to fire safety norms.

Multi-Level Parking shall be permissible to the extent of building envelope lines,

free from FAR and ground coverage to facilitate ample parking in spaces, subject to

structural safety.

22. Health

Centre/

Nursing

Home

Min. 1000

30

100

26

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

Notes:—Multi-level basements within the building envelope shall be allowed as

specified in the basement norms. Basements/stilt floors if used for parking shall not

be counted in FAR. Max.

Plot area for all Hospital/Tertiary Health Care Centre would be worked out @ 80

sq.m. of gross floor area per bed. However, for other health facilities like

Maternity/Nursing homes, Family Welfare and other centres, the plot area would be

worked out @ 60 sq.m. of gross floor area per bed.

Maximum up to 300 sq. m. of floor area shall be allowed to be used for community

space/religious shrine/crèche/chemist shop/bank counter on Hospital sites and also

Medical College/Nursing and Paramedic institutes sites.

Other Controls :

In case of super specialty medical facilities/hospitals duly certified as such by the

BPIA, the gross area shall be worked out @ up to 125 sq. m. per bed.

In case of existing premises/sites, the enhanced FAR shall be permitted, subject to

payment of charges as may be prescribed by the Authority/land owning agency and

other clearances.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

81

1

2

3

4

5

6

7

8

9

10

Basement after utilization for Parking; Services Requirements such as air

conditioning plant and equipment, water storage, boiler, electric sub-station, HT. &

LT panel rooms, transformer compartment, control room, pump house, generator

room; staff locker room, staff changing room, staff dining facilities without kitchen

facility, Central sterile supply dept., back end office; Other Mechanical Services;

Installation of Electrical and fire-fighting equipment’s; and other services like

kitchen, laundry and radiology lab and other essential services required for the

maintenance/functioning of the building may be used for healthcare facilities with

prior approval of the concerned agencies.

Other controls related to basements etc. are given in end of this chapter.

The bed count of a Health Facility may be allowed as per permissible FAR.

Environment clearances shall be made mandatory considering that bio-wastes are

generated. Environment clearances are mandatory as per the prevailing regulations

related to the environment.

Zero discharge for sewerage shall be enforced at the cost of the promoters and post

treatment water can be used by premises for its needs of horticulture, flushing,

coolant tower, washing or disposal to other construction sites. These issues

concerned the local bodies and can be dealt accordingly as per existing regulations

as the time of sanctioning the plan.

The additional power requirements shall be met by power supply from grid and till

such time by means of suitable captive generation.

23. Radio

Diagno-

stic

Centre/

Microbio-

logical/

Patho-

logical

Laborat-

ories

Min. 500

30

100 15 without

stilt

18 with

stilt

Shall be as

per Table

No. 5—2

3.0 or

B.L.

(W.E.I.M)

3.0 or B.L.

(W.E.I.M)

3.0 or B.L.

(W.E.I.M)

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

Facilities and Amenities

24. Religious

Premises

Min. 750

35

70

12

(Exclud-

ing

Minars

Shikharas

or Domes)

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht..

3.0 or

1/3rd of

Building

Ht..

3.0 or

1/3rd of

Building

Ht.

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

25. Police

Post

Min. 250

35

100

12

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht.

3.0 or

1/3rd of

Building

Ht..

3.0 or

1/3rd of

Building

Ht.

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

82

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

1

2

3

4

5

6

7

8

9

10

26. Police

Station

Min. 1000

30

150

26

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht.

3.0 or

1/3rd of

Building

Ht.

3.0 or

1/3rd of

Building

Ht.

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

25 % of the plot area may be used for housing the staff and the regulations of group

housing shall be applicable to the area meant for housing.

27. Post &

Tele-

graph

Office/

Bank

Min. 250

25

100

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht.

3.0 or

1/3rd of

Building

Ht.

3.0 or

1/3rd of

Building

Ht.

Note:—Stilt floors within the building envelope shall be allowed. Multi-level

basement within the building envelope shall be allowed for parking as specified in

the basement norms.

28. General

(Public &

Semi-

Public

Premises)

Min. 500

25

100

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht.

3.0 or

1/3rd of

Building

Ht.

3.0 or

1/3rd of

Building

Ht.

Note:—Stilt floors within the building envelope shall be allowed. Double basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

Other controls:

Up to 25% of maximum FAR can be utilized for residential use of essential staff in

fire station.

Up to 15% of maximum FAR can be utilized for residential use/hostel for essential

staff and student accommodation, in Fire Training Institute/College.

Other controls related to basements etc. are as per regulations.

29. Fire

Station

Min. 2000

30

120

26

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht.

3.0 or

1/3rd of

Building

Ht.

3.0 or

1/3rd of

Building

Ht.

Note:—Stilt floors within the building envelope shall be allowed. Double basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

Other controls:

Up to 25% of maximum FAR can be utilized for residential use of essential staff in

fire station.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

83

1

2

3

4

5

6

7

8

9

10

Up to 15% of maximum FAR can be utilized for residential use/hostel for essential

staff and student accommodation, in Fire Training Institute/College.

Other controls related to basements etc. are as per regulations.

Non-Residential Premises

30. Hostel

Min. 750

30

120

15

Shall be as

per Table

No. 5—2

1/3rd of

Building

Ht.

1/3rd of

Building

Ht.

1/3rd of

Building

Ht.

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

31. Guest

House,

Boarding

House or

Lodging

House

Min. 500

30

120

18

Shall be as

per Table

No. 5—2

1/3rd of

Building

Ht.

1/3rd of

Building

Ht.

1/3rd of

Building

Ht.

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

Other Uses

Petrol Pumps:

The general regulations for Petrol Pumps shall be as per guidelines issued by Ministry of Road,

Transport & Highways.

•

New petrol pump shall not be located on any road having R/W less than 15 m

32. Filling

Station

The

frontage &

depth of the

plot shall

be as per

guide-lines

issued by

Ministry of

Road,

Transport

& High-

ways.

10

10

6

Shall be as

per Table

No. 5—2

N

N

N

Filling

Cum

Service

Station

20

20

6

Shall be as

per Table

No. 5—2

N

N

N

Comp-

ressed

Natural

Gas

(CNG)

Mother

Station

20

20

4.5

Shall be as

per Table

No. 5—2

N

N

N

Other Regulations:

Shall be accepted to explosive/Fire Dept. Ground Coverage will exclude canopy

area. Mezzanine if provided will be counted in FAR.

84

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

Note:—

• The height. of stilt should be maximum 3.0 m below soffit of

beam.

• In case stilt parking is provided within commercial or PSP

building envelope in combination with ground floor. Height of

stilt floor in this case shall not be more than 3.0 m. below beam

soffit.

5.2.1.3

Relaxation in Floor Area Ratio (FAR):

In case of Building‐units affected by road widening or

construction of new road, the owner may claim FAR from the

BPIA as a compensation for the surrendered land. In case of

FAR, the BPIA shall permit the FAR of any such land/plot or

Building‐unit on the basis of the original boundary of the

Building Unit. This is subject to conformity with all other

requirements mentioned in these Regulations as per the new

boundary. Before securing Development Permission on any such

Building‐units, owner shall have to surrender the affected land

which shall be calculated as follows:—

Compensation as TDR = Surrendered Land (sq. m.) x Base

F.A.R. x 2.

5.2.1.4

Areas not counted towards computation of FAR

Following areas shall not be counted towards computation of

FAR :—

1. The area under lift wells, service ducts, machine room for

lifts, water tanks, escalator, lift lobby, fire escapes, ramps and

service ducts.

2. Parking areas, parking floors, mechanized parking areas,

porch, service floors, podiums.

3. Basement if used for parking.

4. Corridors, arcades, lobbies, mumty, staircases, entrance

lobbies or foyers, atrium which is not used for commercial

activity, pump room and two watchmen hut each not

exceeding 6 sq. ms.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

85

5. Provided that in commercial use premises, the area of foyer(s)

or entrance lobby(ies) located on the ground floor which

exceeds 20% of permissible ground coverage shall be counted

in the FAR.

Notes:—

1. In cases where building proposal approved prior to these

Regulations are proposed to avail the balance development

rights not exceeding the total permissible FAR as per these

regulations shall be permitted by utilizing the TDR and by

payment of Premium.

2. In case of land parcels affected by the road widening or land

acquisition for public purpose uses, the owner shall have right

to use TDR provided in form of compensation as an

additional F.A.R. of the surrendered land, on the same

land/building parcel or shall be allowed to sell the F.A.R. as

per TDR policy.

3. In case if TDR is not available through private owner then

plot owner will have an option to avail additional FAR.

4. Road Side Setback in a Land-Parcel shall be regulated by the

Road width it abuts.

5. For Redevelopment parcels, sides & Rear Setbacks shall be

minimum of 6m or 1/3rd of the abutting building height,

whichever is more.

6. For Land-Parcel with two or more abutting roads, the Road-

side Setback/setback as per the building line shall be

applicable on all such abutting sides. This Regulation shall be

applicable for all Land-Parcels or as mentioned in Master

Plans/Zonal Development Plans.

5.2.1.5

Permissible Uses in Setbacks :

1. Residential Zone—

a.

Ancillary uses such as Car Porch shall be permitted as a

part of the permissible FAR as already given of the

Building Unit, in side or rear Setback but in no case in

Road-side Setbacks; with maximum permissible ground

coverage of 17 sq. m. and maximum permissible height

of 3.0 m.

86

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

b.

Open cantilever staircase with maximum width of 1.00 m

and landing space of maximum 2.00 Sq. m at floor level

shall be permitted in side or rear Setbacks except on road

side Setback.

c.

Doors, windows or projections shall not be permitted

along the common wall of the adjoining property.

d.

No rainwater from the roof shall be drained in the

adjoining property.

e.

Partition wall shall be allowed along the Building Unit

boundary on common boundary of semi-detached

building and on Setback between two structures up to a

maximum height. of 1.5 ms.

2. For Residential Zone Building Uses: Underground water tank,

percolation well, bore well and pump room with a maximum

size of 2ms X 2ms and with a maximum depth of 2ms.

3. Vehicular Ramp connecting ground level with basement level

shall be permitted in side and/or rear Setback only.

4. For a building-unit using Setback for providing electrical

infrastructure such as substation, underground water tanks

shall be allowed on only one Setback side except Road-side

Setback. The other Setbacks shall be kept clear and accessible

at ground level.

5. Electrical Infrastructure: Electrical Sub-station, Transformer

room, Box-type transformer, Section Feeder Pillar, Auxiliary

Power Back-up System and M. room according to the norms

of the Competent Electric Company shall be permitted in

Setback except Road-side Setback of the Building-unit. The

area of such construction shall not be counted towards FAR.

6. Fire Escape Open Staircase for Building with height more

than 30ms: Fire Escape Staircase required shall be permitted

in Setback except road-side Setback and subject to free

movement of fire tender.

7. Pedestrian Ramp shall be permissible in Setback at Ground

Floor Level only.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

87

8. Parking shall be permitted in Setbacks except in Approach

Road.

9. Parking shall be permitted in Setbacks except in Approach

Road.

10. In any Setback open space, weather sheds, sun breakers

horizontal or vertical projections shall be permitted up to 0.60

m. These projections may also be part of the facade

articulation at various levels, but shall in no cases be at the

floor level such that they become a part of the habitable

space. Such projections shall be allowed above a minimum

height of 2.4ms from the ground level.

5.2.1.6

Restricted Use in Setbacks :

1. The required Setback open spaces except permissible uses as

per Regulation 5.2.1.5 shall be kept permanently open to sky.

2. This space shall not be used for stocking materials or loose

articles for the purpose of trade or otherwise, putting up fixed

or movable platforms.

3. Parking shall not be allowed in the Setback provided as

approach road.

4. Vehicular ramp leading to parking in floors above ground

level shall not be permitted in the Setback.

5. Pedestrian ramps connecting ground floor with upper floors

shall not be permitted in the Setbacks.

5.2.1.7

General Basement Requirements :

In a Building-unit, the Basement shall be permitted on the

following conditions:

A. Setbacks :

1. Basement shall be permitted on plot abutting Minimum Road

width 12 m or above and coverage up to Building Envelop

only.

2. Basement shall be permitted on plot having minimum plot

width 18 m or more.

3. Basement shall be permitted in the building envelop only.

B. Height of Basement:

1. Maximum Height of the Basement below soffit of beam shall

be 3.0m.

2. Height of first basement above ground level will be maximum

1.5 m below the roof slab. Where stilt or podium parking is

88

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

permitted, the first basement roof will be levelled with the

ground.

C. Permissible Uses in Basement :

1. Permitted uses in Basement are parking, safe deposit vault,

A.C. Plant, storage other than inflammable material, Sewage

Treatment Plant.

2. No habitable use shall be permitted in the basement.

3. Permitted uses in Basement of a Hospital Building:

Radiation-producing device, Radiation Therapy Room, MRI

or X-Ray room. This shall be permissible only if the

basement layout is not shown as parking for approval.

4. For basements exclusively for parking, any other permissible

use is permitted only in basement level-1 up to a maximum

area of 10% of the total built-up area of the basement floor.

This non-parking area shall be calculated towards the

computation of FAR.

5.2.2

Parking :

5.2.2.1

Private Parking (On the plot) :

5.2.2.1.1 General Requirements for Parking :

1. Parking requirement for a Mixed-Use development shall be

calculated on pro rata basis of the FAR consumed specific to

the different uses.

2. Parking is permitted at any floor level above ground and at

more levels or basement as per required parking, with

provision of vehicular ramp/mechanized means/car lifts.

3. Parking area includes parking space, driveway and aisles but

excludes approach road, vehicular lift and vehicular ramps.

4. Parking layouts with minimum size requirements for parking

space, driveways and access lanes shall be provided as

mentioned ahead.

5. Parking shall be permitted in side or rear Setbacks except in

Approach Road as per Regulation 5.2.1.5.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

89

6. Parking area should be retained as effective parking space and

shall be maintained with light and ventilation system if

provided in an enclosed area.

7. In cases where misuse of parking space is noticed, the use of

the entire building shall be discontinued by the BPIA.

Building use shall be permitted only after the required

parking spaces are provided. High penalty shall be levied

considering the period of misuse of the parking space and the

benefit derived out of misuse as decided by the BPIA from

time to time.

8. If parking is provided on a terrace with vehicular elevator,

vehicular ramp is not necessary if parking space is provided

with provision of floor sprinklers.

9. Parking shall not be permitted within an Atrium.

10. At the time of approval an agreement/affidavit regarding the

areas in basement/stilts/open shown for parking shall be

furnished by the applicant to the concerned authority

mentioning that aforesaid part (parking) shall not be sold to

any body and it shall remain for parking only, this area shall

remain in joint possession of the occupants of the building. In

case of violation concerned authority will be authorized to

demolish any such construction with or without prior notice.

5.2.2.1.2 General Space Requirement for Parking :

1. Location

The parking spaces can be provided in basement or on a floor

supported by stilts or on upper floors/podium and uncovered

spaces in a plot. However, no parking spaces will be

permitted in the Setback open spaces as required to be

provided as per Regulation No. 5.2.4.7 & 5.2.4.8.

2. The deck parking inclusive of car lifts & passages shall be

counted in FAR.

90

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

3. Area of Parking Space: The area of parking spaces shall be

provided as given below:—

Table No. 5—5 Parking requirements

S.

No.

Use

Parking requirement

1

2

3

1

Residential

Residential (R1) for

Plots more than 50

sq. m.

Minimum

Parking

requirement

for

individual plotted housing shall be

calculated @ 0.25 ECS for every

40 Sq. m. of built-up area.

Group Housing

• Up to 50 Sq. m/EWS 0.25 ECS

• Above 50 Sq. m to less than 100 Sq. m

0.5 ECS

• From 100 Sq. m up to 120 Sq. m

1.0 ECS

• Above 120 Sq. m up to 180 Sq. m

1.5 ECS

• Above 180 Sq. m 2.0 ECS

2

Commercial

Single Shop

• 2.0 ECS/100 Sq. m F.A. (if F.A.

exceeds 50 sq.m)

Shopping Cluster

• 2.0 ECS/100 Sq. m F.A.

Commercial

Complex

• 2.0 ECS/100 Sq. m F.A. up to plot area

4000 Sq. m

• 2.5 ECS/100 Sq. m F.A. above 4000

Sq. m plot area

Cinema/Cineplex

• 1 ECS for 3 seats of Cinema

• 2 ECS/100 Sq. m F.A. for other uses

incidental to Cinema/Cineplex

Hotel

• 1 ECS for 3 Guest Rooms

• 2 ECS/100 Sq. m F.A. for other uses

incidental to Hotel

• For Conference Halls/Party Halls/Bars/

Restaurant (excluding entrance Hotel

lobby/Atrium) min. parking @ 1.5

ECS/10 Sq. m shall be provided

Mall/Multiplexes

• 1 ECS for 3 seats of Cinema

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

91

1

2

3

• 2 ECS/100 Sq. m for additional area

under

uses

incidental

to

Malls/

Multiplexes

• For Party Halls min. parking @1.5ECS

for 10 Sq. m shall be provided

Banquet

Hall/Community

Centre/Janjghar

For plots min. 6000 Sq. m up to less than

10000 Sq. m

• Min. 150 ECS up to 1000 Sq. m of

built-up area.

• For more than 1000 Sq. m an additional

parking @ 1.5 ECS/10 Sq. m shall be

provided.

For plots above 10000 Sq. m

• In addition to above category, an

additional parking @ 6 ECS/500 Sq. m

plot area shall be provided

Restaurant/Fast

Food Bar

1.0 ECS for every 3 seats

3.

Public-Semi-public/Institutional Use

Offices:

General/Government

Offices/Integrated

Office Complex

• 2.0 ECS/100 Sq. m F.A.

4.

Education

Primary/Middle/

Secondary & Hr.

Sec. schools

•

For the Administrative & public Area

of the School 1.5 ECS per 100 Sq. m

built-up area or part thereof.

•

For Every 3 Class Room-1 LCV

College/Research

Centre

• For the Administrative & public Area

of the School 1.5 ECS per 100 Sq. m

built-up area or part thereof.

• For Every 3 Class Room-1 LCV &

1ECS

Coaching Classes

For every 20 Students-1 ECS

5.

Hospitals/Health

Centre/Nursing

Home/Radio

Diagnostic

Centre/

Microbiological/

pathological

• 2.0 ECS/100 Sq. m F.A.

92

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

1

2

3

6.

Religious Premises

• 1 ECS/100 Sq. m F.A.

7.

Police Post/Police

Station/Fire

Station/Post &

Telegram

Office/Bank/General

Public-Semi-Public

Premises

• 2.0 ECS/100 Sq. m F.A.

8.

Hostel

• 1.5 ECS/100 Sq. m F.A.

9.

Guest House,

Boarding House and

Lodging House

• 2.0 ECS/100 Sq. m F.A.

ECS value shall be taken as:

S.

No

On Ground

Basement

Stilts

Mechanized

Rotating

1

18.0 Sq. m/ECS

28.0 Sq. m/

ECS

23.0 Sq. m/

ECS

16.0 Sq. m

5.0 Sq. m

•

For Four-wheeler :

1. Basement parking shall be permitted on plot abutting

Minimum Road width 12 m or above.

2. Basement parking shall be permitted on plot having minimum

plot width 18 m or more and minimum plot depth 20 m or

more.

3. Side and Rear Setbacks for Basement parking shall be as per

Regulation 5.2.4.1, 5.2.4.2.

4. Minimum driveway 4.5 m for one-way circulation, 6 m for

two-way circulation.

5. Minimum Four-wheeler bay size shall be 2.5 m x 5 m.

6. The height of basements from floor to ceiling shall be as per

Regulation no. 5.2.4.7. The ramp within Setbacks shall be

permissible subject to free and convenient movement of fire

tender.

7. Adequate fire safety, light and ventilation and air change

through mechanical means shall be provided.

8. Permissible uses in basements shall be as per Regulation

No. 5.2.4.7.

9. Basement parking can also be Mechanized instead of

conventional ramps.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

93

10. Combination of two-wheeler and four-wheeler vehicle

parking shall be allowed.

5.2.2.1.3

Common Parking Space :

If the total parking space as required by these Regulations is

provided by a group of property owners for their mutual benefit

within a distance of 500 m from their property, such common

use of space for parking may be construed as meeting the off-

street parking requirements under these Regulations subject to

the approval of the concerned area authority. If such common

parking space is proposed for a group of buildings, the owners of

such buildings shall submit a layout thereof and also a registered

undertaking stating that the area earmarked for the parking space

will not be built upon and will be utilized for parking purpose

only.

5.2.2.1.4 Parking for Non-Motorized Vehicular Zone (NMV

Zones) :

For NMV Zones required parking space shall be provided as

per Regulation No. 5.2.5.1.2 in the premises itself. If the

required parking space cannot be provided, then plot owners

can pay parking facility charges as per Regulation No. 5.2.7.5.

5.2.3

Premium/Charges

for

Mixed-use,

Commercial-Use,

Additional F.A.R. & Parking in Respective Zones:

Table No. 5—6 Premium/Charges

Particulars

R

M

C

PSP

Value Capture Fund

Applicable

Applicable

Applicable

Applicable

Mixed-Use (annually)

(as

per

regulation

No. 5.2.4.4

Applicable

N.A.

N.A.

N.A.

Commercial-Use (one

time)

(as

per

regulation No. 5.2.4.2)

N.A.

Applicable

Applicable

N.A.

Additional

F.A.R.

(one-time)

(as

per

regulation No. 5.2.4.3)

N.A.

Applicable

Applicable

Applicable

Parking

Charges

(one-time)

(as

per

regulation No. 5.2.4.5)

Applicable

Applicable

Applicable

Applicable

Amalgamation

Charges

(one-time)

(as per regulation No.

5.2.4.6)

Applicable

Applicable

Applicable

Applicable

94

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

5.2.4

Value Capture Finance :

Following are the Value Capture Finance Methods and

Regulations respectively.

5.2.4.1

Value Capture Fund :

1.

Value Capture Fund is applicable on Influence Zone.

Influence Zone will be 60 m on either side of RoW

developed for public transport system and the roads must be

with RoW 18 m and above.

2.

For the properties abutting to the road as prescribed above,

the Value Capture Fund should be at the rate of 3% on

Stamp Duty Rate.

3.

For the properties which are not abutting the road and

backside of the road facing properties, the fees shall be at the

rate of 1.5% on Stamp Duty Rate.

4.

The above fees shall be charged at the time of building

permission by Implementing Agency.

5.2.4.2

Commercial Use Charges :

1.

These are the charges for the Commercial use, shall be taken

as premium on FAR and shall be payable once.

2.

These charges shall be applicable for M Zone and C Zone.

3.

Commercial use charges will be calculated as—

Total payable Fee = (Plot/Land area) x (Consumed FAR) x

(land value, Prevailing collector rate) x 0.03.

5.2.4.3

Premium on additional FAR :

1.

These are the charges for additional Floor Area Ratio (FAR)

and shall be payable once.

2.

These charges shall be applicable for R-C zone, C zone, PSP

Zone.

3.

The additional FAR permitted shall not exceed the FAR as

permitted.

4.

An application for availing additional Floor Area Ratio

(FAR) shall be made to the BPIA. Such application shall be

accompanied by the requisite documents and a fee of

Rs. 5000. The BPIA after examination of the application

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

95

may allow additional floor area ratio to the applicant to the

extent permitted in rule hereinabove.

5.

The application for grant of additional FAR shall be

considered only in case the plot in question is a part of a

layout plan duly approved by the BPIA.

6.

Premium on Additional FAR will be calculated as

follows :—

= (Purchased Additional FAR in Sqm.) x (25% of the

prevailing Stamp Duty Rate)

7.

The Sale/Purchase or Transfer of development rights shall be

as per the Government Policy and regulations.

8.

After purchase of additional FAR, Authority will issue the

certificate of extra FAR purchased from the Authority. Only

after getting the certificate, the property owner will get the

building permission for additional FAR.

5.2.4.4

Premium on Mixed use :

1.

These are the charges for the Mixed use (non-residential use)

in the residential use if allowed in Master Plan and shall be

payable annually.

2.

These charges shall be applicable for R Zone.

3.

Premium on Mixed Use will be calculated as follows.

4.

Total payable amount: (Prevailing Stamp Duty Rate (per

Sqm) x 0.01 x (Total Area used as non-residential).

5.

As per the mixed-use policy, use of non-residential activity

in residential building shall pay the above prescribed charges

before building permission. These charges shall be paid

before building permission.

6.

Any mixed use which is in existence in residential area, the

owner shall get the revised approval from BPIA within 2

years from the date of notification of these regulations. If the

owner fails to get the revised permission then, owner will be

penalized 5 times the additional charges for the mixed use

for the period after the date of notification.

7.

These mixed-use charges which will be deposited with the

ULB, the particular amount will be used for infrastructure

development and parking development.

96

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

8.

The ULB has a right to inspect, penalize the properties

which are under mixed use category.

5.2.4.5

Premium on Parking :

These charges shall be applicable for R Zone, M zone, C zone,

PSP Zone.

If required parking space cannot be provided due to plot size

constraints, then plot owners can pay parking facility charges as

follow:

Parking Charges = (Prevailing Stamp Duty Rate) x 25% x (Total

Required Parking Area)

5.2.4.6

Premium on Plot amalgamation (Subject to Policy) :

These charges shall be applicable for R-Zone, M zone, C zone,

PSP Zone.

Plot amalgamation charges will be calculated as

1.

For R.—Zone

Premium = (Total amalgamated

land in Sqm) x Rs. 100

2.

For M-Zone & C-Zone

Premium = (Total amalgamated

land in Sqm) x Rs. 200

3.

For PSP-Zone

Premium = (Total amalgamated

land in Sqm) x Rs. 50

5.2.4.7

Design consideration for Streets :

1.

Provision of Footpaths on all streets, except on traffic

calmed small streets.

2.

Footpath shall be continuous, unobstructed and minimum

width shall be as per figure below.

3.

Provision of Bus Stops (Shall not create hindrance for

pedestrians) and Safe pedestrian crossings near Bus stops.

4.

Provision of unobstructed Street Furniture’s.

5.

Litter/Trash bin.

6.

Informatory and cautionary signages (as per IRC guidelines).

7.

Space for Public toilet (unobstructed).

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

97

8.

All the Underground utilities for e. g. : storm water drainage,

sewerage lines, water pipe line, telecom line etc. shall be as

per section proposed in the annexure.

9.

Road markings (as per IRC guidelines).

Note:—Refer and follow Street Design as per IRC guidelines for

detail design regulations.

5.2.5

Regulations for Environmentally Conservation Green Zone

(CG) :

1.

It is an environmentally conserved land-use where no

building construction is permitted.

2.

Development activities within this zone shall confirm to the

regulations given hereunder :—

a. The green buffer along the Nallas/Rivers or the open

space along the River/tributary shall be minimum 30 m

from the highest water level or as provided in the master

plan/zonal development plan or as provided under Water

Regulatory Act, whichever is more.

b. Development

of

road/mechanized

parking/off-street

parking shall be permissible in this zone by the BPIA.

c. Plantation and sit outs, shall be permissible within this

zone by the BPIA.

d. Development permissions for Recreational activities or

sightseeing areas shall be given in these regulations

within this zone by the BPIA.

e. Structures of historical/heritage importance in this zone

shall be preserved. Any restoration works needed to be

carried out shall be encouraged with the permission of the

BPIA.

f. Existing building coming within this zone shall not be

allowed to add any additional coverage or F.A.R.

5.2.6

Regulations for Redevelopment Parcels :

The following regulations are applicable for the Redevelopment

land parcels.

98

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

5.2.6.1

Permissible Uses :

5.2.6.1.1

Permissible

Uses

for

Redevelopment

area

lying

indominant zone :

Permissible uses and Non-Permissible uses shall be as per the

dominant zone on which the Redevelopment Parcel lies and

shall be as per Regulations no. 5.1.3 above.

1. The percentage of permissible uses allowed on Total

Built-up area of Redevelopment Parcel shall be as per

Table below:—

Table No. 5—7 Permissible uses of a Redevelopment Parcel lying

on specified predominant land-use

S.

No.

Permissible

Use

Percentage of Permissible uses on Total Built-up

area of Redevelopment Parcel

If, it

lies

in

Predominantly

Residential zone

If,

it

lies

in

Predominantly

Commercial zone

1.

Residential

70 %

40%

2.

Commercial

20%

50%

3.

PSP

10%

10%

Note:—

1. Area under PSP may be accommodated in Residential or

Commercial as per requirement.

5.2.6.1.2 Permissible Uses by Road width :

The Minimum width of the abutting road shall not be less than

15 M for redevelopment parcels.

5.2.6.2

Development of Land :

1.

Minimum area of the land/plot for redevelopment shall be

0.2 Hectare, plot may be owned by an individual/society or

pooled of different owners or by government body.

2.

Aforesaid plot/land for Redevelopment, must have planning

permission in which the city level circulation is coordinated,

essential provisions for sector/sub sector level amenities,

facilities, utilities and services and provision for informal

sector shall be ensured.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

99

3.

Development of Redevelopment Parcels shall be permissible

only if, minimum Plot width/Land Frontage is 30 m on the

abutting road with minimum width of not less than 18 m.

Note:—

Provision for economically weaker section shall be incorporated

in the Redevelopment Layouts as per JK Housing Policy, 2020

or the policy of the Government laid down from time to time.

5.2.6.3

Permissible Floor Area Ratio (FAR) For Redevelopment

Parcels :

1.

The base FAR for Redevelopment Parcel shall be as per

5.2.1.1 & 5.2.1.2.

2.

Additional FAR purchasable shall be as permitted by

Government.

3.

Area covered by Atrium and mezzanine floors shall be

counted towards computation of FAR.

5.2.6.4

Building Height for Redevelopment Parcels :

The Maximum Permissible Building Height shall be as per

provisions of Regulation No. 5.2.1.1 & 5.2.1.2 and regulated

according to the width of the road on which it abuts as

mentioned in the above-mentioned regulation.

5.2.6.5

Setbacks for Redevelopment Parcels

5.2.6.5.1

Road Side Setbacks for Redevelopment Parcels :

The Setbacks for any building development shall be as per

Regulation No. 5.2.1.1 & 5.2.1.2 whichever implies.

5.2.6.5.2

Minimum Setback between Buildings :

1.

Minimum distance between two buildings shall be 1/3rd the

height of taller building.

2.

If two buildings next to each other have different heights,

required Setback for taller building shall be applicable. For

example—if one building is of 25 ms and the adjacent

building is of 45ms in height, the minimum Setback between

these two buildings shall be 15.0 ms.

100

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

5.2.6.5.3

Permissible Ground Coverage :

1.

The maximum permissible ground coverage shall be 50%.

2.

Minimum Common Open Space of 10% shall be provided

and no edge of such open space shall be less than 7.5m.

5.2.6.6

Parking :

1.

The parking norms for Redevelopment parcels shall be as

per Regulation no. 5.2.5.1.2.

2.

Provision of individual parking shall be compulsorily

provided for every redevelopment land parcel.

5.2.7

Regulations for Urban Heritage Area

5.2.7.1

Applicability :

These Regulations will apply to those buildings, artefacts,

structures and/or precincts of historical and/or aesthetical and/or

architectural and/or cultural value.

5.2.7.2

Restriction on Development/Redevelopment/Repairs, Etc. :

1.

No development or redevelopment or engineering operations

or additions, alterations, repairs, renovation including the

painting of buildings, replacement of special features or

demolition of the whole or any part thereof or plastering of

listed/heritage buildings or listed Heritage precincts shall be

allowed except with the prior written permission of the BPIA

in consultation with the Heritage Conservation Committee to

be appointed by Government. The BPIA may overrule the

recommendations of the said Heritage Conservation

Committee by recording reasons in writing.

2.

In relation to religious buildings, the changes, repairs,

additions, alterations and renovations required on religious

grounds mentioned in sacred texts or as a part of holy

practices laid down in religious codes shall be treated as

permissible, subject to their being in accordance and

consonance with the original structure and architecture

designs, aesthetics and other special features thereof.

Provided that before arriving at his decision, the BPIA may

take into consideration the recommendations of the Heritage

Conservation Committee.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 101

3.

Identified and listed heritage building even under private

ownership will not be allowed to be demolished.

5.2.7.3

Power to Alter, Modify the List of Heritage Buildings and

Heritage Precincts :

The list of buildings, artefacts, structures and precincts of

Historical, and/or aesthetical and/or architectural and/or cultural

value to which this Regulations applies may be supplemented,

altered, deleted or modified from time to time by Government on

receipt of proposals from the BPIA or by the Government.

5.2.7.4

Grant of Transferable Development Rights in Case of Loss

of Development Rights :

If any application for development is refused under this

Regulations and conditions are imposed while permitting such

development which deprive the owner/lessee of any unconsumed

development rights, the said owner/lessee shall be compensated

by grant of Development Right. Certificate in terms of TDR as

per TDR policy. The extent of TDR permissible will be

difference between the permissible development rights on the

plot and the consumed BUA of the heritage structure. The grant

of TDR shall be subject to a contract between the owner/lessee

and concerned authority/development authority, binding the

owner/lessee to conserve the heritage building in a prescribed

manner.

5.2.7.5

Grading of The Listed Buildings/Listed Precincts :

The list of Heritage Building, Heritage precincts, “Grades” such

as “I”, or “II” will be formulated. The meaning of these Grades

and basic guidelines for development permissions are as follows:

Table No. 5—8 Grading of the Listed Buildings/Listed Precincts

S. No.

Grade-I

Grade-II

1

2

3

1.

Scope-Heritage Grade-I com-

prises building/precincts, of

regional or local importance,

possessing special architectural

or aesthetical merit or cultural

Heritage Grade-II comprises

of buildings and precincts

of importance for town scape,

they

evoke

architectural,

aesthetic or sociological interest

102

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

1

2

3

or historical value, though of a

lower order. They are local

landmarks contributing to the

image and identity of the city.

They may be the work of

master craftsmen or may be

models of proportion and

ornamentation, or designed to

suit particular climate within

the premises of Heritage

Grade-I buildings (open

space/compound) of which

independent/separate additional

building(s)/structure(s) may be

permitted to be constructed,

owing to the availability of

adequate surrounding open

space and unconsumed F.A.R.,

will be assigned as Grade-IB.

The remaining Grade -I

buildings will be assigned

Grade-IA.

though not as much as in

Heritage

Grade-I.

These

contribute to determine the

character of the locality, and

can be representative of a life

style of a particular community

or region and may also be

distinguished by setting of a

street-line or special character

of the facade and uniformity of

height, width and scale.

2.

Objective- Heritage Grade-I

deserves

intelligent

conser-

vation.

Heritage

Grade-II-Deserves

protection of unique features

and attributes.

3.

Scope

for

development-

Grade-IA:

In addition to the scope for

development permissible for

Grade-I, internal changes, and

adaptive reuse may be generally

allowed.

In

certain

circumstances, extension of a

External and internal changes

and

adaptive

reuse

would

generally be allowed. Changes

can

include

extensions/

additional buildings in the same

plot or compound provided that

extension/additional building is

in harmony with and does not

detract

from

the

existing

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 103

1

2

3

Grade-IA heritage building may

also be allowed; provided that

such extension shall be in

harmony with (and shall not

detract from) the Grade-IA

heritage building concerned or

precinct, especially in terms of

height and/or facade. External

changes too may be permitted,

subject to strict scrutiny. Care

should be taken to ensure the

conservation

of

all

special

aspects/features of Grade-IA

building concerned.

Grade-IB:

In addition to above, additional

building(s) in the same plot or

compound

may,

in

certain

circumstances,

be

allowed;

provided that, such additional

building(s) shall be in harmony

with (and shall not detract

from) the Grade-IA heritage

building(s)

or

precinct,

especially in terms of height

and/or

facade

and

such

buildings shall be termed as

Grade-IB heritage buildings.

heritage

building/precincts

especially in terms of height

and/or facade. Reconstruction

may be allowed when the

building is structurally weak or

unsafe or when it has been

affected by accidental fire or

any

other

calamity

or

if

reconstruction is required to

consume the permissible F.A.R.

and

no

option

other than

reconstruction is available.

Reconstruction may also be

allowed

in

case

of

those

buildings which attract the

provisions of reconstruction,

may

be

allowed

in

those

buildings

being

repaired/

reconstructed by Development

Authority.

However,

unless

absolutely

essential

nothing

should spoil or destroy any

special features or attributes for

which it is placed in the

Heritage List.

4.

Procedure:

Development permission would

be given by the Concerned

Development

Authority

in

consultation

with

Heritage

Conservation Committee.

Development permission would

be given by the concerned

authority in consonance with

guidelines to be laid down by

Government

in

consultation

with

Heritage

Conservation

Committee.

104

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

1

2

3

5.

Vistas/Surrounding

Development-All the develop-

ment in the areas surrounding

Heritage

Grade-I

shall

be

regulated

and

controlled,

ensuring

that

it

does

not

overshadow the grandeur of or

views

from

Heritage

Grade-I.

5.2.8

Urban Design Regulations

5.2.8.1

Corner Articulation :

Buildings located at the corner of intersection/T-intersection

plays an important role for Heritage Precinct Area as well as for

the entire Planning area. Hence such Buildings shall have to

provide a chamfer of 3m or rounded corner with 3m radius.

Figure 72 Corner articulation

5.2.8.2

Mandatory Building Line :

All developments on the streets shall follow existing dominant

front setback as suggested in this chapter.

General Note.

Table 5-9

Plinth Level (Ground Floor Finish

Level)

Consistent 300 mm from centre of

Road Line

Public Walkway Level

150 mm from centre of Road Line

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 105

Signage Height/Shop front Glass

Height

To be Consistent 3.0 m high from

Walkway Level with Clear Shop

Front Glass Height of 2.7 m

Min. Ground Floor Clear Height

3.0 m (Clear from Bottom of Slab

to Walkway Top of Finish)

Notes:—

1. Continuity of Street-Wall: All buildings to align with adjacent

building including Ground Floor Shop front.

2. Awning Projection: All Shop fronts to provide 1.5 m wide retractable

Awning of approved Design and Color to be fixed @ 3.2 m from

Road Level.

3. Signage: Signage should not be more than 300mm thick. Signage

Color for every Street shall be as per Advertisement Guidelines as

notified by concerned development authority.

4. No Projection is allowed in Right of Way Line/Setback Line, in case

there’s requirement of Balcony that should be designed as a

concealed/covered balcony within the setback limits.

5. Steps/ramps for approaching plinth shall not be allowed in the front

MOS.

5.2.8.3

Mandatory Facade guidelines :

After detail DPR for facade design guidelines for individual

street, owner shall mandatory follow the same.

5.2.8.4

Extensions to Existing Buildings :

The proposed extension should be developed with due

consideration its appearance and effect on the street scene, its

impact on the amenities of neighbouring buildings. The proposed

extensions should conform to Urban Design Guidelines for

respective Street.

In addition to the Urban Design Guideline for Particular Street,

the Proposed Extension to existing building should follow

additional guidelines as listed below relating to the size and

design of extensions, and the circumstances where extensions

are generally acceptable, are intended to act as a guide for

building owners. The design and layout of extensions should

reflect the design and proportions of the original building

106

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

particularly for building with Traditional Features and building

older than 15 years, for example:—

•

Doors and windows should reflect the size, style and

sill/lintel of the original.

•

Materials should match or be in harmony with those of the

original building.

•

If the original building had a pitched roof, proposed

extension/alteration should also have similar roof form.

•

Where an existing building is adjoining a road on two sides,

i.e., a corner plot, the extension should incorporate sufficient

space for turning radius of vehicles as defined by Guidelines.

5.2.8.5

Advertisements/Signage :

•

All Advertisement and Signage to be installed in Urban

Design Control Area would require permission from

concerned Planning Authority unless specific exemption is

provided in Guidelines. The following criteria will be

applied to all advertisements requiring planning permission.

•

Advertisement/Signage hoardings and free-standing signs

will not be allowed, except where they are installed on a

temporary basis, to screen vacant, untidy or under-

construction sites.

•

Advertisements/Signage on building should be of a scale and

design which relate to the style of the premises on which

they are to be displayed. Illuminated fascia signs should be

no deeper than 300 mm. The illumination of individual

letters is preferable to the illumination of the whole sign.

•

Advertisements/Signage on side walls and at first floor level

will not be allowed.

•

Projecting signs shall not be allowed except in certain

specific cases which would too should be restricted one sign

per building and should not project more than 750 mm

(including brackets). On illuminated signs, the letters only

should be illuminated. Such Projecting Signs should be

3.5 m above Road Level.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 107

•

Signs and advertisements on shop fronts will normally be

restricted to ground floor front wall area in the space

provided in the Urban Design Guidelines.

5.2.8.6

New Shop fronts/Renovated Buildings :

•

New shop fronts/Renovated Buildings should respect the

scale and design of the premises in which they are installed.

•

New shop fronts/Renovated Buildings should not involve the

removal or alteration of features which are of historical or

architectural interest.

•

Existing windows should not be enlarged above ground floor

level, nor should Ground Floor Façade theme extend above

the level of the first-floor window sills.

•

New Façade should not link multiple building units which

are individual and distinct.

•

In Commercial areas, where owner requires a roller shutter

then a roller grille should be provided in preference to a

solid roller shutter. The roller box housing should be

concealed where possible. Also, wherever possible Shutter

should be on the inside shop front/shop face such that Shop

front is visually accessible during closed hours.

5.2.8.7

Buildings in Heritage Zone :

•

The Authority expects the design of shop fronts and the

fronts of commercial premises, to be of a high standard in

Heritage Zone.

•

Materials used should be in keeping with the character of the

building.

•

Where a commercial Corporate Style is required it should be

adapted to particular building’s existing theme.

•

Stall risers should be retained or replaced where they have

previously been removed, as they provide a visual base to

the shop front. Stall riser can also act as Public Seating along

Vehicular Street and should be encouraged.

5.2.8.8

Advertisements in Heritage Zone :

•

Advertisements within Heritage Zone should be designed so

that they are in keeping with the character of the building

and the area as a whole.

108

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

•

Where illuminated advertisements should not be internally

illuminated but externally lit by spotlight Individually

illuminated letters may be acceptable.

•

Large/Modern illuminated signs and illuminated projecting

signs on listed buildings/Heritage Street shall not be allowed.

Advertisements should be of a size, design and of materials

that complement the character of the building/street.

5.2.8.9

Street Specific Guidelines :

•

Every street has its distinct character by its economic and

cultural value, it should be reflected by its design guidelines

like:

•

Some of the buildings with the distinct architecture style

should be preserved as it is with some modification in colour

and design if required.

•

Colour and design elements on building facade along with

signage colours should be inspired by local heritage building

in vicinity which will provide the street its legibility.

•

Design and colour of all the street and urban elements like

railing, street light poles, urban signage, benches, etc. should

be inspired from local heritage.

•

Building colour and paving on the road should respond to

each other.

CHAPTER 6

SPACE REQUIREMENT FOR DIFFERENT

PARTS OF BUILDING

6.1

Main Building :

The plinth of any part of a building or house shall be located

with respect to average road level of site so that adequate

drainage of the site is assured but not at a height less than

45 cm.—

(a)

Habitable rooms shall have minimum plinth height of

0.45 m from the ground level.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 109

(b)

Parking garage may have no plinth.

(c)

The ground floor of a building may be permitted on

stills/pillars instead of a solid plinth with a height of 2.4 m.

In case of slabs with beams height should not exceed

2.8 m. and further that this space shall at all the time

be kept free from any enclosure except for genuine

stair-case :

Provided further that an electric m room, room for

telephone D.B. bath-room, watch room, stair case room,

pump room, water closet, servant room, security cabin

may be permitted subject to maximum built up area of

15 Sq. m. allowed with a minimum plinth height of 30 cm

and this area shall not be considered towards computation

of FAR.

6.2

Interior courtyards, covered parking spaces and garages :

These shall be raised at least 15 cm above the surrounding ground

level and shall satisfactorily drained.

6.3

Habitable room size and width :

The minimum size and width shall be as given NBC-2016.

6.4

Non –residential Buildings :

The minimum area for office/room/shop or any other space to be

used as workspace shall not be less than 6.0 sq. m. with a

minimum width of 2.1 m.

6.5

Kitchen :

Any room to be used as kitchen shall have :

(a)

Unless separately provided in pantry, means for washing

of kitchen utensils, which shall lead directly or through

a sink to a grated and trapped -connection to the waste

pipe ;

(b)

An impermeable floor ;

110

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

(c)

At least a window not less than 1 Sq.m in area open

directly to an interior or exterior open space, but not into a

shaft ; and

(d)

In residential building 15 m. or more in height refuse

chutes.

6.6

Bathroom and W.C. :

Every bathroom or water closet shall—

(a)

Be so situated that at least one of its walls open to external

air and shall have a minimum opening in the form of

window or ventilation to the extent of 0.37 sq. m.

(b)

Not to be directly over any room other than another

latrine, washing place, bath or terrace unless it has a

watertight floor.

(c)

Have the platform or seat made of watertight non-

absorbent material.

(d)

Be enclosed by walls or partitions and the surface of every

such wall partition shall be finished with a smooth

impervious material to a height of not less than 1.0 m.

above the floor of such a room.

(e)

Be provided with an impervious floor covering, sloping

towards the drain with a suitable grade and not towards

Verandah or any other place.

(f)

Have a window or ventilator, opening to a shaft or open

space, of area not less than 0.3 Sq. m. with side not less

than 0.3 m.

(g)

No room containing water closets shall be used for any

purpose except as a lavatory.

(h)

Every water closed and/or a set of urinals shall have

flushing cistern of adequate capacity attached to it.

(i)

A toilet on terrace having a maximum of 2.2 m height

shall be permitted to condition that the area of toilet be

counted in FAR.

(j)

All the sewerage outlets shall be connected to the

Municipal Sewerage system. Where no such system exists,

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 111

a septic tank shall be provided within the plot conforming

to the requirements.

6.7

Mezzanine floor

6.7.1 Height :

It shall have a minimum height of 2.2 M.

6.7.2 Size :

The minimum size of the mezzanine floor if it is to be used as a

living room shall not be less than 9.5 sq. m. The aggregate area of

such mezzanine floor in a building shall in no case exceed one-

third the plinth area of the building.

6.7.3 Other Requirements :

A mezzanine floor may be permitted over a room or a

compartment, provided,—

(a)

it conforms to the standard of living rooms as regards

lighting and ventilation in case the size of mezzanine floor

is 9.5 sq. m. or more;

(b)

It is so constructed as not to interfere under any circumst-

ances with the ventilation of the space over and under it;

(c)

Such mezzanine floor is not subdivided into smaller

compartments;

(d)

Such mezzanine floor or any part of it shall not be used as

a kitchen; and

(e)

In no case shall a mezzanine floor be closed so as to make

it liable to be converted into unventilated compartments.

6.8

Corner site :

When the site fronts on two streets, the frontage would be as on the

street having larger width. In cases, where the two streets are of

same width, then the larger depth of the site will decide the frontage

and open spaces. In such case the location of a garage (on a corner

plot) if provided within the open space shall be located diagonally

opposite the point of intersection.

112

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

6.9

Damp site :

Wherever the dampness of a site or the nature of the soil renders

such precautions necessary, the ground surface of the site between

the walls of any building erected thereon shall be rendered damp

proof to the satisfaction of the authority.

6.10 Distance from electric line :

An overhead line shall not cross an existing building as far as

possible and no building shall be constructed under an existing

overhead line. No accessible point from any Verandah, balcony, or

the like shall be allowed to be erected or re-erected or any

additions or alterations made to a building not having the following

minimum clearances from an overhead electric supply line, in

accordance with the current Central Electricity Authority

(Measures

Relating

to

Safety

and

Electric

Supply)

Regulations, 2010 as amended from time to time :

(a)

Clearance of buildings from lines of voltages and service

lines not exceeding 650V :

(i)

An overhead line shall not cross over an existing

building as far as possible and no building shall be

constructed under an existing overhead line.

(ii) Where an overhead line of voltage not exceeding 650 V

passes above or adjacent to or terminates on any

building, the following minimum clearances from any

accessible point, on the basis of maximum sag, shall be

observed.

(iii) For any Flat Roof, Open Balcony, Verandah roof and

Lean-to-roof :

•

Where the line passes above the building, a vertical

clearance of 2.5 m from the highest point, and

•

When the line passes adjacent to the building, a

horizontal clearance of 1.2 m from the nearest point,

and

(iv) For pitched roof :

•

Where the line passes above the building, a vertical

clearance of 2.5 m immediately under the line, and

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 113

•

When the line passes adjacent to the building, a

horizontal clearance of 1.2 m.

(v) The horizontal clearance shall be measured when the

line is at a maximum deflection from the vertical due to

wind pressure.

(vi) Any conductor so situated as to have a clearance less

than that specified above shall be adequately insulated

and shall be attached at suitable intervals to a bare

earthed bearer wire having a breaking strength of not

less than 350 kg.

(b)

Clearances front buildings of lines of voltages exceeding

650 V :

(i)

An overhead line shall not cross over an existing

building as far as possible and no building shall be

constructed under an existing overhead line.

(ii) Where an over head line of voltage exceeding 650 V

passes above or adjacent to any building or part of a

building, it shall have on the basis of maximum saga

vertical clearance above the highest part of the building

immediately under such line, of not less than:

For

lines

of

voltages

exceeding 650V

3.7 m up to and including 33 KV; and

For

lines

of

voltages

exceeding 33 KV

3.7 m plus 0.30 m for every additional

33 KV or part thereof.

(iii) The horizontal clearance between the nearest conductor

and any part of such building shall, on the basis of

maximum deflection due to wind pressure, be not less

than:

For lines of Voltages exceeding 650 V

and up to and including 11 k

1.2 m

For lines of voltages exceeding 11 KV

and up to and including 33 KV.

2.0 m

For lines of voltages exceeding 33 KV

2.0 m plus 0.30 m for

every additional 33 KV

or part thereof.

114

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

(iv) For high voltage direct current (FTVDC) systems,

vertical clearance and horizontal clearance, on the basis

of maximum deflection due to wind pressure, from

building shall be maintained as below:—

Table 6-1: Vertical and Horizontal Clearence for High Voltage

Direct Current

S. No.

D.C

Voltage

Vertical

Clearance

Horizontal Clearance

1

100

4.6

2.9

2

200

5.8

4.1

3

300

7

5.3

4

400

7

6.2

5

500

9.1

7.4

6

600

10.3

8.6

7

800

12.4

10.7

Source:—NBC 2016

6.11

Loft and Ledge

6.11.1 Height :

The minimum headroom for loft and ledge shall be 2.2 m.

6.11.2 Size :

A loft and ledge in a habitable room shall not cover more than 25

per cent of the area of the floor on which it is constructed and

shall not interfere with the ventilation of the room under any

circumstances.

6.12 Chimneys:

The chimneys shall be built at least 0.9 m above flat roofs,

provided the top of the chimneys is not below the top of the

adjacent parapet wall. In the case of sloping roofs, the chimney

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 115

tops hall not be less than 0.6 m above the ridge of the roof in

which the chimney penetrates.

6.13 Parapet :

Parapet walls and hand rails provided on the edges of roof

Terraces, Balcony, Verandah etc. shall not be less than 1.0 m

and not more than 1.2 m in height from the finished floor level.

Note:—

(a)

The above shall not apply where roof terrace is not

accessible by a staircase.

(b)

However, on terrace floor in the portion where

installations like DG Set, Water Tank and other, screening

parapet of a suitable height may be constructed to hide

such equipments etc. and there is no need to have uniform

increase in the height of the parapet.

6.14 Cabin :

The size of cabins shall not be less than 3.0 Sq. m. with a

minimum width of 1.0 m. The clear passages within the divided

space of any floor shall not be less than 0. 75 m and the distance

from the farthest space in a cabin to any exit shall not be more

than 18.5 m. In case the subdivided cabin does not derive direct

lighting and ventilation from any open spaces/mechanical means.

The maximum height of the cabin shall be 2.2m.

6.15 Boundary Wall :

The requirements of the boundary Wall are given below:—

(a)

Except with the special permission of the Authority. The

maximum height of the compound wall shall be 1.75 m

above the centre line of the front street. Compound wall up

to 2.5 m height may be permitted if the top 0.75 m is of

open type construction of a design to be approved by the

Authority.

(b)

In the case of a comer plot, the height of the boundary wall

shall be restricted to 0.75 m for a length of 10 m on the

front and side of the intersections and the balance height

of 0. 75 m, if required in accordance with (a) may be made

116

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

up of open type construction (through railings) and of

design to be approved by the Authority.

(c)

However, the provisions of (a) and (b) are not applicable

to boundary walls of jails. In industrial buildings, electric

substations, transformer stations, institutional buildings

like

sanitoria,

hospitals,

industrial

buildings

like

workshops, factories and educational buildings like

schools, colleges, including hostels, and other uses of

public utility undertakings and strategically sensitive

buildings a height up to 2.4 m. may be permitted by the

Authority.

6.16 Wells :

Wells, intended to supply water for human consumption or

domestic purposes, where provided.

6.7.1

Location :

The well shall be located,—

(a)

Not less than 15 m from any ash pit, refuse pit, earth closet

or privy and shall be located on a site upwards from the

earth closet or privy;

(b)

Not less than 18 m from any cesspit soak away or bore

hole latrine and shall be located on a site upwards from the

earth closet or privy ;

(c)

Such that contamination by the movement of sub-soil or

other water is unlikely ; and

(d)

Not under a tree or otherwise it should have a canopy over

it, so that leaves and twigs may not fall into the well and

rot.

6.7.2

Requirements :

The well shall—

(a)

Have a minimum internal diameter of not less than 1m; be

constructed to a height not less than 1 m. above the

surrounding ground level, to form a parapet or kerb and to

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 117

prevent surface water from flowing in to a well, and shall

be surrounded with a paving constructed of impervious

material which shall extend for a distance of not less than

1.8 m in every direction from the parapet from the kerb

forming the well head and the upper surface of such a

paving shall be sloped away from the well ;

(b)

Be of sound and permanent construction (Pucca)

throughout. Temporary or exposed (Kutcha) wells shall

be permitted only in fields or gardens for purposes of

irrigation ; and

(c)

have the interior surface of the lining or walls of the well

be render dim pervious for a depth of not less than 1.8m

measured from the level of the ground immediately

adjoining the well-head.

6.17 Office-Cum-Letter Box Room :

In the case of multi-storeyed multifamily dwelling apartments

constructed by existing and proposed Cooperative Housing

Societies or Apartment Owners Associations, limited companies

and proposed societies, an office-cum-letter box room of

dimension 3.6 m X 3 m shall be provided on the ground floor. In

case the number of flats is more than 20, the maximum size of

the office-cum-letter box room shall be 20 sq. m.

6.18 Meter Rooms :

For all buildings above 15 m in height and in special

occupancies, like educational assembly, institutional, Industrial

storage hazardous and mixed occupancies with any of the

aforesaid occupancies having area more than 500 sq. m on each

floor, provision shall be made for an independent and ventilated

m (service) room, as per requirements of electric (service) supply

undertakings on the ground floor with direct access from outside

for the purpose of termination of electric supply from the

licensee's service and alternative supply cables. The doors

provided for the service room shall have fire resistance of not

less than two hours.

118

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

6.19 Stairway :

Stairway shall conform to the following provisions in addition to

items (a) to (g) below. In addition, in order to satisfy fire-

fighting requirements any stairway identified as an exit stairway

shall confirm to the requirement in fire protection regulations

provided in these regulations:—

(a) Width: The minimum width of a staircase other than a fire

escape shall be as given in Table hereunder:—

Table 6—2: The minimum width of a staircase (m)

S.

No.

Type of occupant

Minimum width of staircase/

Stairway/Corridors in m

1.

Residential building

Low rise

Hotels and High rise

1.2

1.5

2.

Education building

Up to 24 m. High

Over 24 m. High

1.5

2.0

3.

Institutional

buildings

(i.e.

Hospital)

Up to 10 beds

Over to beds

1.5

2.0

4.

Assembly buildings

2.0

5.

Mercantile, business, Industrial

Storage, Hazardous Buildings

Low rise

High rise

1.5

2.0

(b)

Flight : No flight shall contain more than 12 rises but in

residential buildings in narrow plots and in high density

Housing a single flight staircase may be permitted.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 119

(c)

Risers : The maximum height of a riser shall be 19 cm in

residential buildings and 16 cm in any other occupancy.

However, in an internal stairway within a dwelling area, a

riser may be 25 cm high.

(d)

Treads : The minimum width of the tread without nosing

shall be 25 cm for staircase of a residential building, other

than fire escapes. In other occupancies the minimum width

of the tread, shall be 36 cm. It shall have a non-slippery

finish and shall be maintained in that fashion.

(e)

Head room : The minimum head room in passage under

the landing of a staircase, shall be 2.2 M.

(f)

Floor indicator : The number of each floor shall be

conspicuously painted in figures at least 15 cm in large on

the wall facing the flight of a stairway or at such suitable

place is distinctly visible from the flights.

(g)

Handrail : Handrail of a minimum height of 0.9 m from

the centre of the tread shall be provided.

(h)

Exit Requirements: All aspects of exit requirements for

corridors, doors, stair cases, ramps, etc in respect of

widths, travel distance shall be as per Part 4 ‘Fire and Life

Safety’ of NBC-2016.

6.20 Roofs :

(a)

In the areas receiving snowfall, the roof should be sloping

and the slope shall be dictated by the amount of snowfall.

(b)

The roof of a building shall be so designed and constructed

as to effectively drain water by means of sufficient rain

water pipes of adequate size, wherever required, so

arranged, jointed and fixed as to ensure that the rain water

is carried away from the building without causing

dampness in any part of the walls, roof or foundations of

the building or an adjacent building.

120

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

(c)

The Authority may require rainwater pipes to be connected

to a drain or sewer to a covered channel formed beneath

the public footpath to connect the rain-water pipe to the

road gutter or in any other approved manner.

(d)

Rain-water pipes shall be affixed to the outside of the

external walls of the building or in recesses or chases cut

or formed in such external walls or in such other manner

as may be approved by the Authority.

(e)

It is desirable to conserve rainwater using suitable

rainwater harvesting techniques including by roof water

collection. In this context, reference shall be made to

Part 9 'Plumbing Services (including Solid Waste

Management), Section 2-Drainage and Sanitation’ of the

NBC 2016.

6.21 Ramps :

(a)

Ramps for pedestrians :

(i) General : The provisions applicable to stairway shall

generally apply to ramps. A ramp in a hospital shall

not be less than 2.4 m wide for stretcher and not for

vehicular movement in addition to satisfying the fire-

fighting requirements.

(ii) Slope : A ramp shall have slope of (not more than

1:10). It shall be of non-slippery material.

(iii) Handrail : A handrail shall be provided on both the

sides of the ramp.

(b) Ramps for handicapped people: The provision of the ramp

with handrails for every public building is compulsory for

handicapped people as per the National Building Code, 2016.

(c) The ramp to basement and parking floors shall not be less

than 7.2m wide for two-way traffic and 4m wide for one-

way traffic, provided with Gradient of 1:10 for L.M.V.

(d) Ramp may also be provided in side setbacks only to basement

and not for upper floors which can be sloped considering

unhindered movement for fire engine of minimum 6m wide

and in no case the gradient shall be less than 1:10.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 121

(e) All structural design/safety aspects as per latest BIS Codes

and NBC, 2016 shall be complied along with consideration of

weight of Fire Engine and its manoeuvrings.

(f) Handrails shall be provided on both sides of the ramp.

(g) Ramps shall lead directly to outside open space at ground

level or courtyards or safe place.

6.22 Stairs, Lifts, Lobbies and Corridor :

The width of lobbies or corridors in building shall be as under :

(a)

In case of residential and non-residential building except

individual detached building minimum clear width of

corridor shall be as under:—

Table 6—3: Width of corridor as per length of the corridor (m)

Length of Corridor

in M

Width of Corridor in M

Residential

Non-Residential

Up to 6

1.0

1.2

Up to 9

1.2

1.5

Up to 15

1.2

2.0

Above 15

1.5

2.5

Notes :—

(i)

For every additional 9.00 m. length or part there

of the width of the corridor shall be increased by

0.30 m up to a maximum of 3.00 m.

(ii)

In case of starred hotels, the width of the corridor

shall be as per the authorized standards of the

starred hotels.

(iii) Whereas in case of residential dwelling unit

occupied by single family and constructed up to

three floors width of the stairs shall not be less than

1.0 m.

(b)

In case of all non-residential and high-rise residential

building the clear width of stair landing exclusive of

parapet shall not be less than1.5 m.

122

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

(c)

Minimum stair width for more than 6 tenements on each

floor shall be 1.5 m.

(d)

The stair-case and lifts (elevators) shall be so located that

it shall be within accessible distance of not more than

25 m from any entrance of tenement or an office provided

on each floor.

(e)

The number and type of lifts to be provided in different

buildings shall be as given in Appendix ‘F’ & ‘F-1’.

6.23 Swimming Pool :

(a)

“Definition :” A constructed pool or a tank indoor or

outside the building, used for the purpose of swimming,

bathing, aquatic sports or games, training, treatment

(Therapy) or recreation, meant exclusively for human

being, having a depth of water not less than that 60 cm.

and the surface area exceeding 23.25 Sq. m. both for the

use of public or the institution concerned.

(b)

“Capacity of Pools in Relation to Bathers:” The maximum

number of persons in bathing attire within the pool

enclosures of the bathing area shall not exceed one person

per 20 Sq. ft. (1.86 Sq. m.) of pool i. e. the area of the

water surface.

(c)

“Hand Rail :” A side handrail extending up above and

returning to the horizontal surface of the pool deck curb or

coping shall be provided at each side of each ladder.

(d)

“Depth Markers :” Depth of water shall be clearly marked

at or above the water surface on the vertical pool wall and

on the edge of the deck or walk-way next to the pool, at

maximum points and at the points of break between the

deep and shallow portions and at intermediate increments

of depth, spaced at not more than 2.5// (7.62 cm) intervals.

Depth markers, contrasting with background shall be on

both sides of the pool.

(e)

“Lighting and Wiring :” Where submarine lighting is used,

not less than 0.5 watts shall be employed per Sq. ft. of

pool area.

(f)

“Area Lightning :” Where submarine lighting is employed,

area lighting shall be provided for the deck areas and

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 123

directed towards the deck areas and away from the pool

surface so far as practicable, in a total capacity of not less

than 0.6 watt per sq. ft. of deck area.

(g)

Where submarine lighting is not provided and night

swimming is not permitted combined pool lightning shall

be provided in an amount of not less than 2 watts per sq.

ft. of total area. All submarine lightning shall be

individually earthed and must be watertight and damp

proof.

(h)

“Over Head Wiring :” No electrical wiring for electrical or

power shall be permitted to pass over within 20 feet of the

pool enclosure.

(i)

“Shallow Minimum Depth” : Every swimming pool shall

have a minimum depth in the shallow area of the main

swimming area of not less than 0.9 m (3 feet), but not

more than 1.07m (3/-6//) from the overflow level to the

floor.

(j)

“Shallow Areas :” In a swimming pool with a diving area,

the shallow area of the pool shall be defined as the portion

between the shallow end and the break point between the

shallow area and the diving area. The slope of the floor

shall be uniform from the break point between the diving

area and the shallow portion to the outside edge of the

shallow portion and shall not be greater than 1 in 2 m.

(k)

“Vertical Wall Depth :” The pool walls shall be vertical at

all points for a depth of not less than 2 ft. 6// (0. 76 m)

6.24 Provision of exterior open spaces and height limitation around

the building :

(a)

The open spaces/setbacks covered area, FAR shall be as

per Master Plan/Zonal Plan/building Bye-laws Chapter V.

(b)

Every room that is intended for human habitation shall

abut on an interior or exterior open space or on to a

Verandah open to such interior or exterior open space.

124

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

(c)

In case of High rise, the exterior open spaces around a

building as in Building Bye-Laws shall be of green or hard

surface capable of taking load of fire engine weighing up

to 45 tonnes.

(d)

In case, kitchen and toilets not abutting either interior or

exterior open spaces, mechanical ventilation shall be

accepted.

(e)

Up to 25% of the total setback area can be sunk for light,

ventilation and access to basement, provided fire tender

movement is not hindered.

6.25

Pollution Control

6.25.1

Air Pollution :

All building shall conform to provisions of Environment Act

and Rules.

6.25.2

Water Pollution :

All building shall conform to provisions of water (Prevention

and Control of Pollution) Act, 1974.

6.25.3

Noise Pollution :

All buildings shall maintain ambient air quality standards in

respect of noise, as prescribed in the Noise pollution (Regulation

and control) Rules, 2000.

CHAPTER 7

SPECIAL REQUIREMENTS FOR OCCUPANCY, LAND

DEVELOPMENT AND OTHER INDUSTRIAL BUILDING

(FACTORIES, WORKSHOPS, ETC.)

7.1

Industrial Buildings (Factories, Workshops, etc.) :

(a)

The relevant provisions contained in the Factory Act, 1948

shall apply for construction of factory buildings. The

minimum height of workrooms shall not be less than 4.5 m

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 125

measured from the floor level to the lowest point in the

ceiling provided that this bye-law shall not apply to room

intended for storage, godowns and the like purposes but

only in rooms occupied by workers for purposes of

manufacture.

(b)

In case of small factories, employing less than 50 workers

for purposes of manufacturing and carrying on a class of

manufacturing covered under the flatted factories and

service industries, as driven in the Master Plan, the

Authority may allow minimum height up to 3.66 m.

(c)

Parking space provisions as provided in Master Plan/Zonal

Plan/Chapter V of these Bye-laws.

(d)

Requirements of water supply, drainage and sanitary

installation shall be as per Chapter-4 of Model Building

Bye-Laws, 2016, but in no case less than 1 W. C. and one

urinal shall be permitted.

(e)

Each working room shall be provided with adequate

number of exits not less than two in number.

(f)

No exit shall be less than 1.2 m in width and 2.1 m in

height and doors of such exit shall be so arranged that it

can be opened easily from inside.

(g)

No staircase, lobby corridors or passage shall be less than

1.2 m. in width.

(h)

In addition to the requirement in this part, provisions in

Chapter-5 and 6 shall be followed.

(i)

There shall be provided at all time for each person

employed in any room of factory at least 3.5 Sq. m. of

floor space exclusive to that occupied by the machinery

and a breathing space of at least 15 Cum (further the

provision of Part VIII section 1 lighting and ventilation of

NBC, 2016 shall be followed).

126

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

(j)

The effluent from industries (industrial and biological in

nature) shall be treated and shall be of quality to

satisfaction of the concerned local bodies before letting

out the same into a watercourse or municipal drain.

7.2

Educational Building (School/Colleges) :

All educational buildings shall be dealt as per University Grant

Commission norms and provision of National Building Code,

2016 and the Jammu and Kashmir School Education Rules, 2010

(SRO-123 dated 18.03.2010, Education Department) or the latest

version of these rules.

7.3

Assembly Building (cinema, theatres, etc.) :

The relevant provisions of the Cinematographic Act and Rules of

Jammu and Kashmir and IS:4878 Code for construction of

cinema building shall apply for planning, design and

construction of cinema building—

(a)

Parking spaces wherever not specifically given shall

conform to NBC, 2016/URDPFI Guidelines, 2014.

(b)

Requirements of water supply, drainage and sanitation

shall conform to provisions of NBC, 2016.

(c)

Buildings for religious worship shall not be erected on a

site, which has not been approved by the Authority.

7.4

Petrol Filling Station :

The location of the petrol filling stations and its layout shall be

approved

by

the

Authority

in

consultation

with

the

Commissioner of the Division depending upon width of roads

and traffic generated location with respect of points of

intersections and nearness to occupancies of educational,

assembly, storage and hazardous uses.

7.5

Burial and cremation grounds :

The Authority shall permit/prohibit burial and cremation grounds

to be located in certain area layouts, after scrutiny of the

proposal with respect to health and well-being surrounding

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 127

neighbourhood and shall follow the selection criteria given

below:—

The proposed development in terms of land use has to be

compatible with the ground :

(a)

Compatible Land use have to be planned with regards to

prevailing wind direction and beyond the prescribed buffer

zone. The likely direction of drift in the event of odour has

to be accounted while planning the layout ;

(b)

Adequate land area is to be provided to house furnaces,

and for internment of cremated remains ;

(c)

The site has to have proper accessibility by the local road

network.

7.5.1

Buffer Zones :

The location of such cremation grounds has to provide for buffer

zones from the surrounding land use to account for

environmental impact of the operation:—

(a)

A buffer zone of the order of 200 m (depending on the

nature of prevailing winds and the natural topography of

the site) between the emission stack and neighbouring

residential zone shall be considered.

(b)

In any case any buffer zone shall not be less than 100 m.

7.6

Building in mining area :

Building in mining area shall not be constructed to a height more

than one storey without the special prior approval of the

Authority.

7.7

Poultry farms (wherever allowed as per the Master Plan)

7.7.1

The coverage for poultry farms shall be as allowed in case of

farmhouses :

7.7.2

Setbacks: As per Chapter 5 under relevant use and category.

7.7.3

Space Planning :

There should be a minimum distance of 6.0 m between sheds in

the farm.

(a)

The minimum distance of any farm building from the

property line should be 4.5 m.

128

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

(b)

The minimum distance of any farm shed or farm building

from the dwelling unit should be 7.5 m.

7.7.4

Farm Shed :

Shed should be constructed on pillars with walls on two longer

sides not higher than 1.2 m :

(a)

The remaining height of the farm sheds in respect of two

longer sidewalls can be covered with netting or other

similar material.

(b)

The maximum height of the roof of the farm shed shall not

exceed 6.0 m.

7.7.5

Dwelling Units as a Farmhouse :

The following norms shall be adopted for construction of

dwellings in farmhouses:—

(a)

The distance of parts of dwelling units from shed shall be

as in Building Bye-laws, 7.7.3

(b)

The requirements of parts of dwelling shall be as in

Chapter 6.

(c)

Any other special requirements as specified by the

Authority.

7.8

Special buildings not covered :

In case of special buildings not covered above, norms as decided

by the Authority will be followed.

7.9

Provisions in the public buildings for Differently Abled,

Elderly Persons and Children :

The building to be designed for Differently Abled, Elderly

Persons and Children need special treatment and the provisions

for site planning, building requirements etc.

7.10 Defence:

Construction of any type of Govt. and private buildings near

defence land/premises shall be governed as per guidelines of

Govt. of India, Ministry of Defence.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 129

7.11 Railway :

Construction of any type of Govt. and private buildings near

railway land shall be governed as per guidelines of Govt. of

India, Ministry of Railways (Railway Board).

7.12 Distance from water course :

(a)

The building activity in the areas vulnerable to floods/flash

floods shall be regulated under the provision of Irrigation

and Flood Control Department or the flood zonation maps

notified by the department from time to time.

(b)

No development, whether by filling or otherwise, shall be

carried out from the edge of the bank of rivers, within

following specified buffer or as per building regulation

whichever is more:—

Recommendations

Applicability

(a) Recommended safe distance

(Buffer) from Listed Major

Watercourse shall be 50m

from

the

edge

of

such

watercourses or as specified

under the relevant regulatory

Act or the relevant Master

Plan

Chenab, Jhelum, Tawi, Ravi,

Sutlej and Ujh or any other

river/khad.

(b) Recommended safe distance

(Buffer) from Listed Minor

Watercourse shall be 30ms

from the edge of such water

courses or as specified under

the relevant regulatory act or

as given in the Master Plan of

the local Area

Mansar,

Surinsar,

Wular,

Nageen, Manasbal and other

lakes.

(c) Recommended safe distance

(Buffer)

from

Unlisted

rivulets,

tributaries,

minor

canals

and/or

Watercourse

Ranbir canal, Sindh canal and

other similar canals.

130

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

shall be 20 m from the edge

of such watercourses or as

specified under the relevant

regulatory act or as given in

the Master Plan of the local

Area

(c)

In case of talab, village tanks, lake, water bodies etc., the

distance from the water body shall be as may be

prescribed under any other general or specific orders of the

BPIA.

(d)

These restricted development zones and other water

courses, which pass through a land shall be developed and

maintained according to the discharge of water.

7.13 Rules for development of land :

(a)

The provisions of Master Plan and norms formulated by

Authority shall apply regarding sub-division of a large

parcel of land into plots, open areas, roads, spaces for

services and community facilities.

(b)

Regulations for Low Income Housing. The norms

specified for Low-income housing shall be as per the

Jammu and Kashmir Housing, Affordable Housing, Slum

Redevelopment and Rehabilitation and Townships Policy,

2020.

7.14 Penal action for violation of Master Plan/Zonal plan

regulation/bye-laws :

(a)

The Authority under the provisions of their respective

Acts shall take action for violation of Master Plan/Zonal

Plan/regulations. The Authority may take penal action

under respective Acts, which may include stopping of

construction activity, demolition/alteration and levying of

penalties as given in (Appendix “D” Penal action for

violation of provisions of Master Plan, Zonal Plans and

Building Bye-Laws).

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 131

(b)

In addition, action for discontinuance of services in

building may also be taken.

7.15 Heritage :

Development/Construction/Mining around all ASI protected

monuments shall be governed by National Monuments and

Archaeological sites and remains Act/Rules (GoI), Jammu and

Kashmir Ancient Monuments Preservation (Amendment) Act,

2010 and Jammu and Kashmir Heritage (Conservation and

Preservation) Act, 2010.

7.16 Forest :

All building activity shall conform to provisions of J&K

Forest, Wildlife and Bio-Diversity Act.

7.17 Sports Infrastructure :

All Provisions related to sports infrastructure shall be dealt as

per the Guidelines/Specifications of Sports Authority of India

(SAI), URDPFI Guidelines, 2014 and NBC, 2016 or its latest

version.

CHAPTER 8

ELECTRIC VEHICLE CHARGING INFRASTRUCTURE (EVCI)

8.1

Electric Vehicle Charging Infrastructure (EVCI) :

Based on the occupancy pattern and the total parking provisions

in the premises of the various building types, charging

infrastructures shall be provided only for EVs, which is

currently assumed to be 20% of all ‘vehicle holding capacity’/

‘parking capacity’ at the premise. Additionally, the building

premise will have to have an additional power load, equivalent

to the power required for all charging points in a Public

Charging Station (PCS) to be operated simultaneously, with a

safety factor of 1.25.

132

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

8.2

Residential Buildings (plotted house)

Table 8.1:—Charging Infrastructure requirements for individual

house/self-use

Building Type

Plotted House

Ownership of Station

Private (Owner)

Connection and Ming

Domestic m

Type of Charger

Slow chargers as per owner’s specific

requirements

Modes of Charging

AC (Single charging gun)

Norms of Provisions

Min. 1 SC and additional provisions as

per the owner individual.

Note:—The charging infrastructure installed by a home owner

shall be construed as a Private Cl meant for self-use

(non-commercial basis).

8.2.1

All other buildings (including Group Housing) :

Any PCS installed at Public, Private areas or building premises

of any category that caters to commercial mode of charging of

EVs shall be deemed as a Public Charging Station and shall have

to install the minimum requirements of chargers as specified in

the Guidelines dated 14.12.2018 of Ministry of Power. However,

in order to provide sufficient charging points for the EV share in

all vehicles, ratio of types of chargers is recommended in the

table below:—

Table 8.2:—Charging Infrastructure requirements for PCS

(Commercial use)

Building Type

Any Building Type

1

2

Ownership of

Station

Service Provider

Connection and

Ming

Commercial Ming and Payment

Type of

Charger

As per min. requirements specified in MoP

Guidelines

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 133

1

2

Additional

Chargers

PCS service providers shall install additional number

of kiosk/chargers beyond the minimum specified

requirements to meet the ratio of charging points as

prescribed below (by the type of vehicles).

Norms of

Provisions for

charging points

4Ws

1 SC-each

3 EVs

1 FC-each

10 EVs

3Ws

1 SC-each 2

EVs

2Ws

1 SC-each

2 EVs

PV (Buses)

1 FC-each

10 EVs

Notes:—

• Charging bays shall be planned currently at 20% capacity

of all vehicles including 2Ws and PVs (cars)

• Opening and on-spot payment options to be available for

all users.

• Provision of FCB CS and BS shall not be mandatory and

will be at the discretion of the service provider.

8.2.2

Rationale for EVCI establishment :

(a) Rapid urbanization coupled with adoption of mechanized

transportation modes has resulted in high emissions of

Green House Gases that goes on to impact Global

warming. Unless, the global surface temperature rise is

restricted to no more than 2oC compared with pre-

industrial levels, the IPCC has warned that the world will

see irreversible catastrophic climate change.

(b) India being a signatory to the UNFCCC, has pledged for

efforts to assess the Greenhouse Gas Emissions (GHG) of

anthropogenic origin and removal by sinks. India’s per

capita emissions are still considered low at 1.9 tonnes

(2013), but its total emissions are next only to China and the

US and is likely to overtake those of the EU by 2019.

(c) While comparing the Indian cities for their emission scores,

Delhi is on top as the biggest emitter at over 38.38 million

tonnes of carbon dioxide equivalent overall emissions,

followed by Greater Mumbai at 22.7 million tonnes and

134

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

Chennai at 22.1 million tonnes, Kolkata at 14.8 million

tonnes, Bangalore at 19.8 million tonnes, Hyderabad at

13.7 million tonnes and Ahmedabad at 9 million tonnes

were the other cities whose emissions for the year were

calculated sector-wise.

(d) As per the statistics of Transport Department (GNCTD),

total number of vehicles in Delhi is more than the

combined total vehicles in Mumbai, Chennai and Kolkata.

Delhi has 85 private cars per 1000 population against the

national average of 8 cars per 1000 population. In terms of

Co2 emissions due to motor vehicles, Delhi emits about

12.4 million tonnes while the city of Bengaluru emits about

8.6 million tonnes.

(e) Therefore, addressing the quantum of emissions from the

“Transport” and “Domestic” sector emerges to be the high

priority subjects under the overarching umbrella of

“Climate change mitigation” as committed to the UNFCC.

(f)

Encouraging “Electric Vehicles” as a viable option for

phased transportation in terms of short and long-distance

trips with appropriate “Charging Infrastructure” is therefore,

the pre-condition for this paradigm shift I phased migration

to sustainable transportation.

(g) For these changes are required in infrastructure provisions

(at Regional and City levels) and in Development Control

Regulations (in terms of provisions therein) to include the

formulations of norms and standards for “Charging

Infrastructure” in the said Master Plan Regulations and

UT/State Building Regulations for adoption across the

country suiting local conditions.

8.3

EV Charging Technology

8.3.1

Electric Vehicle Supply Equipment (EVSE) :

An EVSE is a wall mounted box that supplies electric energy for

recharging of electric vehicle batteries. Also, EVSEs have a

safety lock-out feature that does not allow current to flow from

the device until the plug is physically inserted into the car.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 135

EVSEs can be customized with added features like—

•

Authentication.

•

Integrated payment gateways.

•

Software for remote monitoring.

As electric vehicle charging technology continues to advance,

several standards and guidelines have become widely accepted

across the industry. Chapter 8 gives a brief overview of charging

infrastructure technology, standards, and terminology.

8.3.2

Different types of EVSE :

(a) Charging speeds : Charging power, which determines the

time required to charge a vehicle, can vary by orders of

magnitude across charge points, as shown in Table 8.3. A

small household outlet may charge as slowly as 1.2 KW,

while the most advanced rapid charging stations can charge

at up to 350 KW. Charging infrastructure is broadly broken

into three categories based on speed: Level 1, Level 2, and

direct current (DC) fast charging (sometimes referred to as

Level 3).

(Source: “Emerging Best Practices for Electric Vehicle

Charging Infrastructure”, Oct., 2017)

(b) Private Charging : Charging batteries of privately-owned

cars through domestic charging points. Billing is mostly

part of home domestic metering.

(c) AC “Slow” Charging : The home private chargers are

generally used with 230Vl15A single phase plug which can

deliver a maximum of up to about 2.5KW of power. The

EVSE supplies AC current to the vehicle's on-board

charger which in turn converts the AC power to DC

allowing the battery to be charged.

(d) Public Charging : For charging outside the home premises,

electric power needs to be billed and payment needs to be

collected. The power drawn by these chargers may need to

be managed from time to time.

(e) DC “Fast” Charging : DC current is sent to the electric

car’s battery directly via the charge port. FC chargers

(usually 50 KW or more) can supply 100 or more

kilometres of range per hour of charging. The fast chargers

would generally be used as a top-up, rather than fully

136

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

charging vehicles. These are important for cab companies

and corporate users who have a fleet of electric cars.

8.4

Options for EV Charging :

(a) There is an urgent need to offer flexible charging

infrastructure for different vehicle segments to drive

adoption of EVs. Charging infrastructure is the most crucial

enabler in the entire EV value chain. The exploration of

different charging models according to the local conditions

shall enable faster deployment of electric vehicles in the

country.

(b) EV share in all vehicles : It has been broadly projected that

by the current rate of adoption of EVs, about 15% of all

vehicles in the country would be EVs by the year-2020.

Therefore, while assuming percentage composition of all

proposed capacities in Public facilities of vehicle holding

capacity, the Metropolitan and 'Tier I' cities will be assumed

d to have a higher percentage share of EVs, say 20% for

now. The charging infrastructure prescriptions in all urban

development guidelines shall, therefore, be in consonance

with the said percentage.

(c) Power Load sanction to premises : While adding these

Charging Infrastructures to the proposed set of building

types of the Indian cities, enhanced Power Load shall have

to be had for each such building type by the Power

DISCOMs, commensurate to the total additional power

requirement of simultaneous operation of all the prescribed

charging points in the premise. With further advancement

of charging technologies and the enhanced capacity of

chargers to draw more power, it is advised that the load

capacity assigned to each premise should be kept with a

safety factor of 1.25 with a long-term vision of 30 years.

Table 8.3:—EVs charging “modes” and ‘availability’

Vehicle type

Slow Charging Fast

Charging

Public CI

2 Wheelers

Y

N

Yes/Limited

3 Wheelers

Y

N

Yes/Limited

PVs (Cars)

Y

Y

Yes

PVs (Buses)

N

Y

Yes

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 137

Table 8.4:—Charging options for EV types (by ownership)

Vehicle type Private CI Public CS Predominant place of charging

2 Wheelers

SC/BS

SC

Point of residence/work

3 Wheelers

SC/BS

SC/BS

Residence/Parking stations

PVs (Cars)

SC/BS

FC

Residence/Point

of

work/other

public places

PVs (Buses)

_

FC/BS

Bus Terminals/Depots

Note:—

• The option of Battery Swapping (BS) for privately owned

2Ws and PV (Cars) is limited to Private CI.

• For 3 W as the BS is proposed to be made available in

PCS, for faster recharge experience only.

• For PV (Buses), Captive Fast charging infrastructure for

100% internal use for fleets maybe adopted by privately

owned Depots/Garages.

(d) Based on the above stated EV charging technologies

available and the current trend of evolving technologies of

faster charging experience, the Ministry of Power has

issued Guidelines and Standards for setting up Charging

Infrastructure for Electric Vehicles [Ministry of Power

(MoP) Guidelines dated 14.12.2018] for charging

infrastructure to be installed at every Public Charging

Station (PCS).'Connectivity regulations and Safety norms'

shall be defined by respective authorities such as Central

Electric Authority/MoP for grid access to such PCS/any

other charging station infrastructure.

8.5 Charger Specifications and PCS Infrastructure :

Any installed PCS shall have one or more electric kiosk boards

with installation of all charger models as prescribed in the

Guidelines and Standards notified by Ministry of Power, dated 14

December, 2018 for “Charging Infrastructure for EVs”, with other

necessary arrangements as deemed necessary.

138

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

Public Charging Station service providers shall be free to create

charging hubs and to install additional number of kiosk chargers in

addition to the minimum chargers prescribed vide the MoP

Guidelines, including options for installation of additional chargers,

if required.

Notes:—

• Minimum infrastructure requirements do not apply to

Private Charging Points meant for self-use of individual

EV owners (non-commercial basis).

• Captive charging infrastructure for 100% internal use for

a company's own fleet will not be required to install all

type of chargers and to have NSP tie ups.

8.6 Location of PCS/FCB CS in local area/building precincts :

In accordance with the Guidelines issued by the Ministry of Power

(MoP), following minimum standards with regard to density of l

distance between PCS in local level facilities in building premise l

urban precincts shall be followed as per provisions in the Model

BBL, 2016—

(a)

At the Local levels (within the urban area): Atleast

1Public Charging Station is to be available within a grid of

3Km x3Km.

(b)

At the Building premise levels (for various building

types):

•

Private charging infrastructure (non-commercial use)

for individuals.

•

For all commercial modes of charging EVs, at least

1PCS, as per minimum specifications laid under

MoP guidelines.

•

Standalone Battery Swapping Stations may be added

with the PCs.

8.6.1

Along Highways and intercity corridors :

(a) At every 25 Kms. on both sides of highways roads, at least

1 PCS is to be setup.

(b) At every 100 Kms. on both sides of highways/roads, at

least 1 Fast Charging/FCB Charging Station as per

specifications (May be coupled with PCS).

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 139

(c) Standalone Battery Swapping Stations may be added with

the PCS.

8.6.2

In Regional level Industrial SEZs I other Industrial Parks/

Estates:

Land for at least 1PCS is to be reserved within a grid of 10 Km x

10 Km of the designated industrial area/park/estates.

8.7

Guidelines and Standards for Charging Infrastructure of

Electric Vehicles:

Private charging at residences/offices shall be permitted.

DISCOMs may facilitate the same. Setting up of Public Charging

Stations (PCS) shall be a de-licensed activity and any

individual/entity is free to set up public charging stations,

provided that, such stations meet the technical as well as

performance standards and protocols laid down below as well as

any further norms/standards/specifications laid down by

Ministry of Power and Central Electricity Authority from time to

time:—

(a) Any person seeking to set up a Public Charging Station

may apply for connectivity and he shall be provided

connectivity on priority by the Distribution Company

licensee to supply power in the area.

(b) Any Charging Station/Chain of Charging Stations may also

obtain electricity from any generation company through

open access.

8.8

Public Charging Infrastructure (PCI)-Minimum Require-

ments

8.8.1

Every Public Charging Station (PCS) shall have the

following minimum infrastructure:

(a) An exclusive transformer with all related substation

equipment including safety appliance.

(b) 33/11 KV line/cables with associated equipment including

as needed for line termination/metering etc.

140

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

(c) Appropriate civil works.

(d) Adequate space for Charging and entry/exit of vehicles.

(e) Current international standards that are prevalent and used

by most vehicle manufacturers internationally are CCS and

CHAdeMO. Hence, Public Charging Stations shall have,

one or more electric kiosk/boards with installation of all the

charger models as follows :

(f)

The kiosk/board may have options for installation of

additional chargers, if required.

(g) The Public Charging Station Providers are free to create

Charging Hubs and to install additional number of

Kiosk/Chargers in addition to the minimum number of

chargers prescribed above.

(h) Tie up with at least one online Network Service Providers

(NSPs) to enable advance remote/online booking of

charging slots by EV owners. Such online information to

EV owners should also include information regarding

location, types and numbers of chargers installed/available

etc.

(i)

Share charging station data with appropriate DISCOM and

to maintain appropriate protocols as prescribed by such

DISCOM for this purpose. CEA shall have access to this

database.

(j)

Appropriate public amenities.

(k) Where, in addition to the above, fast charging facility is

also planned to be provided at the PCS by the PCI provider,

the following additional infrastructure must be provided:—

(i)

Appropriate Liquid Cooled cables if High Speed

Charging Facility for on board charging of Fluid

Cooled Batteries (FCBs) is also planned.

(ii)

Appropriate Climate Control Equipment for Fast

Charging of Batteries to be used for swapping (i.e.

not on board).

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 141

Table 8—1: Specification of Charger Type

Charger Type

Charger

Connectors

Rated Voltage

(V)

No. of Charging

point/No. of

Connector guns

Fast

CCS (min 50

KW)

200-1000

1/1 CG

CHAdeMO

(min 50 KW)

200-1000

1/1 CG

Type-2 AC (min

22 KW)

380-480

1/1 CG

Slow/Moderate

Bharat DC-001

(15 KW)

72-200

1/1 CG

Bharat DC-001

(11 KW)

230

3/3 CG of 3.3

KW each

*In addition, any other fast/slow/moderate charger as per approved

BIS standards whenever notified.

8.8.2

Every Public Charging Station (PCS) shall be operational only

after inspection and clearance as communicated by a suitable

clearance certificate, by the concerned electrical inspectors/

technical personnel designated specifically by the respective

DISCOM for this purpose. DISCOMs may also empanel one or

more third party authorized technical agencies for this purpose.

8.8.3

Electric Vehicle Service Equipment (EVSE) shall be type tested

by an appropriate reputed authority.

8.8.4

The above minimum infrastructure requirements do not apply to

Private Charging Points meant for self-use of individual EV

owners (non-commercial basis).

8.8.5

Captive charging infrastructure for 100% internal use for a

company’s own/leased fleet for its own use will not be required

to install all type of chargers and to have NSP tie ups.

8.8.6

Public Charging Station can also have the option to add Stand

alone battery swapping facilities in addition to the above

mandatory facilities, provided space/other conditions permit.

142

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

8.9

Public charging Infrastructure (PCI) for long distance EVs

and/or heavy duty EVs :

8.9.1

Public charging stations for long distance EVs and/or heavy

duty EVs (like trucks, Busses etc.) shall have the following

minimum requirements :

(a) At least two chargers of minimum 100 kW (with 200 -1000

V) each of different specification (CCS & CHAdeMO) and

with single connector gun each in addition to the minimum

charging infrastructure requirements as mandated for

Public Charging Stations.

(b) Appropriate Liquid Cooled Cables for high speed charging

facility for on-board charging of Fluid Cooled Batteries

(currently available in some long range EVs).

(c) In addition to 8.8.1 (i) and (ii) above, the Fast Charging

Stations (FCS) for Long Distance EVs and/or Heavy Duty

EVs may also have the option of swapping facilities for

batteries for meeting the charging requirements as per

para 8.7 and para 8.8 (i) and above. It is notable that Fluid

Cooled Batteries (FCBs) are generally necessary for Fast

Charging/Long Distance use of EVs and/or for Heavy Duty

Vehicles like buses/trucks etc. FCBs will have higher

charging rate and longer life.

8.9.2

Such Fast Charging Stations (FCS) which are meant only for

100% in house/captive utilization, for example buses of a

company, would be free to decide the charging specifications as

per requirement for its in-house company EVs.

8.10 Location of Public Charging Stations :

8.10.1 In case of Public Charging Stations, the following minimum

requirements are laid down with regard to density/distance

between two charging points :

(a)

At least one Charging Station should be available in a grid

of 3 Km X 3 Km. Further, one Charging Station be set up

at every 25 Km on both sides of highways/roads.

(b)

For long range EVs (like long range SUVs) and heavy

duty EVs like buses/trucks etc., there should be at least

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 143

one Fast Charging Station with Charging Infrastructure

Specifications as per para 8.8.l at every 100 Kms, one on

each side of the highways/road located preferably

within/alongside the stations. Within cities, such charging

facilities for heavy duty EVs shall be located within

Transport Nagars, bus depots. Moreover, swapping

facilities are also not mandatory within cities for

Buses/trucks.

8.10.2 Additional public charging stations shall be set up in any area

only after meeting the above requirements.

8.10.3 The above density/distance requirements shall be used by the

concerned state/UT Governments/their Agencies for the twin

purposes of arrangement of land in any manner for public

charging stations as well as for priority in installation of

distribution network including transformers/feeders etc. This

shall be done in all cases including where no central/state

subsidy is provided.

8.10.4 The appropriate Governments (Central/State/UTs) may also give

priority to existing retail outlets (ROs) of Oil Marketing

Companies (OMCs) for installation of Public EV Charging

Stations (in compliance with safety norms including ‘firewalls’

etc.) to meet the requirements as laid above. Further, within such

ROs, Company Owned and Company Operated (COCO) ROs

may be given higher preference.

8.10.5 Any deviation from above norms shall be admissible only after

specific approval of State Nodal Agency in consultation with the

Central Nodal Agency.

8.11

Database of Public EV Charging Stations :

Central Electricity Authority (CEA) shall create and maintain a

national online database of all the Public Charging Stations

through DISCOMs. Appropriate protocols shall be notified by

DISCOMs for this purpose which shall be mandatorily complied

by the PCS/BCS. This database shall have restricted access as

finalized between CEA and Ministry of Power.

144

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

8.12

Tariff for supply of electricity to EV Public Charging

Stations :

8.12.1 The tariff for supply of electricity to EV Public Charging Station

shall be determined by the appropriate commission, provided

however that the tariff shall not be more than the average cost of

supply plus 15 (fifteen) per cent.

8.12.2 The tariff applicable for domestic consumption shall be

applicable for domestic charging.

8.13

Service charges at PCS/BCS :

8.13.1 Charging of EVs is a service as already clarified by Ministry of

Power vide letter No. 23/08/2018-R&R dated 13.04.2018.

8.13.2 The State Nodal Agency shall fix the ceiling of the Service

Charges to be charged by the Public Charging Stations.

8.14

Priority for Rollout of EV Public Charging Infrastructure :

After extensive consultations with State Governments and

different Department/Agencies of Central Government, phasing

as follows are laid down as national priority for rollout of EV

Public Charging Infrastructure.

8.14.1 Phase l (1-3 Years) :

All Mega Cities with population of 4 million plus as per census

2011, all existing expressways connected to these Mega Cities

& important Highways connected with each of these Mega Cities

shall be taken up for coverage.

8.14.2 Phase II (3-5 Years) :

Big cities like State Capitals, UT headquarters shall be covered

for distributed and demonstrative effect. Further, important

highways connected with each of these Mega Cities shall be

taken up for coverage.

The above priorities for phasing of rollout shall be kept in mind

by all concerned, including, different agencies of Central/State

Governments while framing of further policies/guidelines for

Public Charging Infrastructure of EV s, including for declaring

further incentives/subsidies for such infrastructure and for such

other purposes.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 145

8.15

Implementation Mechanism for Rollout :

8.15.1 Ministry of Power shall designate a Central Nodal Agency for

the rollout. All relevant agencies including Central electricity

Authority (CEA) shall provide necessary support to this nodal

agency.

8.15.2 Every State Government/UT shall nominate a Nodal Agency for

that State/UT for setting up charging infrastructure. The State

DISCOM shall generally be the Nodal Agency for such

purposes. However, State Government shall be free to select a

Central/State Public Sector Undertaking (PSU) including Urban

Local Bodies (ULBs), Urban/Area Development Authorities etc.

as its Nodal Agency.

8.16

Selection of Implementation Agency for Rollout :

8.16.1 The Central Nodal Agency shall finalize the cities and

expressways/highways to be finally taken up from the above

phasing, in consultation with the respective State Governments.

8.16.2 An Implementation Agency shall be selected by the respective

State Nodal Agency and shall be entrusted with responsibility of

installation, operation and maintenance of PCS/FCS/BCS/BSF

for designated period as per norms laid down in this document

and as entrusted by the concerned Nodal Agency. The

Implementation Agency can be an Aggregator as mutually

decided between Central and State Nodal Agencies. However,

they can also decide to choose different PCS/FCS providers for

bundled packages or for individual locations as mutually

decided. Further, whenever bundled packages are carved for

bidding, such packages shall necessarily include at least one

identified expressway/highway or part cohesive regional

package; the selected identified cities may be divided into one or

more parts as necessary for such purposes.

8.16.3 Where Implementing Agency is selected by bidding, all bidding

shall be conducted by the State Nodal Agency.

8.16.4 There shall be an upper cap on the Service Charges declared by

the State Nodal Agency as per para 8.12.2 above. Subsidy, if

admissible from Central/State Governments, shall be suitably

factored in such calculations of Upper Cap/Bid Variable.

(Source: Model Building Bye-laws, 2016, Town and Country

Planning Organisation, Ministry of Urban Development, now

Ministry of Housing and Urban Affairs (MoHUA).

146

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

CHAPTER 9

PROVISION FOR HIGH RISE AND TALL BUILDINGS

9.1

High Rise Building :

Buildings higher than 15m of height without stilts and above

17.5 m of height with stilts shall be considered as high-rise

buildings.

Note:—These provisions shall be in addition to the Chapter 2 for

plan sanction procedure, Chapter 4 for procedure

during construction, Chapter 5 for Zoning regulations

and Chapter 6 for Space requirement for different parts

of Building.

9.1.1

Plot Area :

Plots to be used for high rise development should be located in

an approved Layout plan, Comprehensive plans or subdivision

plans as prepared and approved by competent authorities as per

policy of the Government of India/State Governments.

9.1.2

Means of access :

The entrance gate shall fold back against the compound wall of

the premises, thus leaving the exterior access way within the plot

free for movement of fire service vehicles. If archway is

provided over the main entrance the height. of the archway shall

not be at a height less than 5m.

9.2

Building components :

9.2.1

Doorways :

(a) Every doorway shall open into an enclosed stairway, a

horizontal exit, on a corridor or passageway providing

continuous and protected means of egress.

(b) No exit doorway shall be less than 1m in width. Doorways

shall be not less than 2 m in height. Doorways for

bathrooms, water closet, stores etc. shall be not less than

0.75 m wide.

(c) Exit doorways shall open outwards, that is, away from the

room but shall not obstruct the travel along any exit. No

door, when opened, shall reduce the required width of

stairway or landing to less than 0.9 m, overhead or sliding

doors shall not be installed.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 147

(d)

Exit door shall not open immediately upon a flight of

stairs, a landing equal to at least the width of the door shall

be provided in the stairway at each doorway, level of

landing shall be the same as that of the floor which it

serves.

(e)

Exit doorways shall be openable from the side which they

serve without the use of a key.

(f)

Mirrors shall not be placed in exit ways or exit doors to

avoid confusion regarding the direction of exit.

9.2.2

Revolving Doors :

Revolving door shall not be provided as a means of fire exit.

9.2.3

Stairways :

(a)

A staircase shall not be arranged round a lift shaft.

(b)

The staircase shall be ventilated to the atmosphere at each

landing and a vent at the top; the vent openings shall be of

0.5 sq. m. in the external wall and the top. If the staircase

cannot be ventilated, because of location or other reasons,

a positive pressure 50 Pa shall be maintained inside. The

mechanism for pressurizing the staircase shall operate

automatically with the fire alarm. The roof of the shaft

shall be 1 m above the surrounding roof. Glazing or glass

bricks if used in staircase, shall have fire resistance rating

of minimum 2 hour.

(c)

The minimum width of staircase shall be as table given

below :—

Table 9—1 : Minimum width of staircase for different types of buildings

Type of Building

Width

Residential buildings (dwellings)

1.0 m

Residential hotel buildings

1.5 m

Assembly buildings like auditorium, theatres and

cinemas

2.0 m

Educational buildings up to 30 m in height

1.5 m

Institutional buildings like hospitals

2.0 m

All other buildings

1.5 m

148

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

(d) The minimum width of treads without nosing shall be

0.25 m for staircase for residential buildings. In the case of

other buildings, the minimum tread shall be 0.3 m. The

treads shall be constructed and maintained in a manner to

prevent slipping. The maximum height of riser shall be

0.19 m in the case of residential buildings and 0.15 m in the

case of other buildings and shall be limited to 15 risers per

flight.

(e) Handrails shall be provided with a minimum height of

0.9 m from the centre of the tread.

(f)

The minimum headroom in a passage under the lading of a

staircase and under the staircase shall be 2.2 m.

(g) Access to main staircase shall be gained through adequate

fire resistance rating (for various types of construction for

structural and non-structural members shall be as given in

Table 1 of Part IV of the NBC 2016 and for building

elements/components such as walls, columns, beams and

floors shall have the requisite fire resistance rating in

accordance with the accepted standards at Tables 2 to 18 of

Part IV of the NBC, 2016). Automatic closing doors placed

in the enclosing walls of the staircases. It shall be a swing

type door opening in the direction of the escape.

(h) No living space, store or other fire risk shall open directly

into the staircase or staircases.

(i)

External exit door of staircase enclosure at ground level

shall open directly to the open spaces or can be reached

without passing through any door other than a door

provided to form a draught lobby.

(j)

The exit sign with arrow indicating the way to the escape

route shall be provided at a height of 1.5 m from the floor

level on the wall and shall be illuminated by electric light

connected to corridor circuits. All exit way marking signs

should be flushed with the wall and so designed that no

mechanical damage shall occur to them due to moving of

furniture or other heavy equipments. Further all landings of

floor shall have floor indication boards indicating the

number of floors. The floor indication board shall be placed

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 149

on the wall immediately facing the flight of stairs and

nearest to the landing. It shall be of size not less than 0.5x

0.5 m and it shall be prominently on the wall facing the

staircase.

(k) In case of single staircase, it shall terminate at the ground

floor level and the access to the basement shall be by a

separate staircase. However, the second staircase may lead

to basement levels provided the same is separated at ground

level by either a ventilated lobby with discharge points at

two different ends or through enclosures with fire

resistance rating door (Table 1 of Part IV of the NBC, 2016

and Tables 2 to 18 of Part IV of the NBC, 2016) or through

a fire protected corridor.

9.2.4

Lifts :

General requirements of lifts shall be as follows:—

(a) All the floors shall be accessible for 24 hours by the lifts.

The lifts provided in the buildings shall not be considered

as a means of escape in case of emergency. In a dual line

arrangement (lifts opposite to each other) the lobby may be

between 1.5 times to 2.5 times the depth of one car. For in-

line (single line) arrangements the lobby may be typically

half of the above recommendations.

(b) Grounding switch, at ground floor level, to enable the fire

service to ground the lift shall also be provided.

(c) The lift machine room shall be separate and no other

machinery shall be installed therein.

(d) Walls of lift enclosures and lift lobby shall have fire rating

of 2 hour; ((Table 1 of Part IV of the NBC, 2016 and

Tables 2 to 18 of Part IV of the NBC, 2016) lifts shall have

a vent at the top of area not less than 0.2 sq. m.

(e) Lift car door shall have a fire resistance rating of 1 hour.

(f)

Lift lobby doors in lift enclosures shall have fire resistance

as per Section (Table 1 of Part IV of the NBC, 2016 and

Tables 2 to 18 of Part IV of the NBC, 2016).

150

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

(g) Collapsible gates shall not be permitted for lifts and shall

have solid doors with fire resistance of at least 1 hour.

(h) If the lift shaft and lobby is in the core of the building, a

positive pressure between 25 and 30 Pa shall be maintained

in the lobby and a positive pressure of 50 Pa shall be

maintained in the lift shaft. The mechanism for

pressurization shall act automatically with the fire alarm; it

shall be possible to operate this mechanically also.

(i)

Lifts if communicating with the basement, the lift lobby of

the basements shall be pressurized with self-closing door

with fire resistance rating (Table 1 of Part IV of the NBC,

2016 and Tables 2 to 18 of Part IV of the NBC, 2016).

Telephone or other communication facilities shall be

provided in lift cars and to be connected to fire control

room for the building.

(j)

Exit from the lift lobby, if located in the core of the

building, shall be through a self-closing fire door of half an

hour fire resistance.

(k) Suitable arrangements such as providing slope in the floor

of lift lobby shall be made to prevent water used during

fire-fighting, etc., at any landing from entering the lift

shafts.

(l)

A sign shall be posted and maintained on every floor at or

near the lift indicating that in case of fire, occupants shall

use the stairs unless instructed otherwise. The sign shall

also contain a plan for each floor showing the locations of

the stairways. Alternate source of power supply shall be

provided for all the lifts through a manually operated

changeover switch.

(m) For Pressurization Specifications of various building

components refer NBC, 2016 Chapter 4 Fire and Life

Safety Clause 4.10 Pressurization of Staircases (Protected

Escape Routes).

9.2.5

Basements :

(a) Basement shall be permitted within the building envelope

only.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 151

(b) Each basement shall be separately ventilated. Vents with

cross-sectional area (aggregate) not less than 2.5 per cent of

the floor area spread evenly round the perimeter of the

basement shall be provided in the form of grills or

breakable stall board lights or pavement lights or by way of

shafts. Alternatively, a system of air inlets shall be

provided at basement floor level and smoke outlets at

basement ceiling level. Inlets and extracts may be

terminated at ground level with stall board or pavement

lights as before, but ducts to convey fresh air to the

basement floor level have to be laid. Stall board and

pavement lights should be in positions easily accessible to

the fire brigade and clearly marked ‘SMOKE OUTLET’ or

‘AIR INLET’ with an indication of area served at or near

the opening.

(c) The staircase of basements shall be of enclosed type having

fire resistance rating (Table 1 of Part IV of the NBC, 2016

and Tables 2 to 18 of Part IV of the NBC, 2016). The

staircase shall be situated at the periphery of the basement

to be entered at ground level only, from outside open air.

The staircase shall communicate with basement through a

lobby with self-closing doors with fire resistance rating as

per relevant NBC Code mentioned above.

(d) For travel distance Table 9—2 given below shall be

followed. If travel distance exceeds that given in the table

below, additional staircases shall be provided.

Table 9—2 : Travel Distance for Occupancy and Type of

Construction

Group of

Occupancy

Maximum Travel Distance Construction (m)

Type 1 &2

Type 3 & 4

1

2

3

Residential (A)

30.0

22.5

Educational (B)

30.0

22.5

Institutional (C)

30.0

22.5

Assembly (D)

30.0

30.0

Business (E)

30.0

30.0

152

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

1

2

3

Mercantile (F)

30.0

30.0

Industrial (G)

45.0

Construction type 3 and 4 not

permitted.

Storage (H)

30.0

Construction type 3 and 4 not

permitted.

Hazardous (J)

22.5

Construction type 3 and 4 not

permitted.

Notes:—

• For fully sprinkled building, the travel distance may be

increased by 50% of the values specified above.

• Ramps shall be counted as one of the means of escape

wherever permitted in National Building Code, 2016.

(e) In multi-story basements, intake ducts may serve all

basement levels, but each basement level and basement

compartment shall have separate smoke outlet duct or

ducts. Ducts so provided shall have the same fire resistance

rating as the compartment itself. Fire rating may be taken

as the required smoke extraction time for smoke extraction

ducts.

(f)

Mechanical extractors for smoke venting system from

lower basement levels shall also be provided. The system

shall be of such design as to operate on actuation of

heat/smoke sensitive detectors or sprinklers, if installed,

and shall have a considerably superior performance

compared to the standard units. It shall also have an

arrangement to start it manually.

(g) Mechanical extractors shall have an internal locking

arrangement, so that extractors shall continue to operate

and supply fans for HVAC shall stop automatically with

the actuation of fire detectors.

(h) Mechanical extractors shall be designated to permit 30 air

changes per hour in case of fire or distress call. However,

for normal operation, air changes schedule shall be as given

in Part 8, Building Services, Section 3, Air-conditioning,

Heating and Mechanical Ventilation of National Building

Code, 2016.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 153

(i)

Mechanical extractors shall have an alternative source of

supply.

(j)

Ventilating ducts shall be integrated with the structure and

made out of brick masonry or reinforced cement concrete

and when this duct crosses the transformer area or electrical

switchboard, fire dampers shall be provided.

(k) Use of basements for kitchens working on gas fuel shall not

be permitted, unless air conditioned. The basement shall

not be permitted below the ward block of a hospital/nursing

home unless it is fully sprinkled. Building services such as

electrical sub-stations, boiler rooms in basements shall

comply with the provisions of the Indian Electricity

Act/Rules. Boiler room shall be provided at the first

basement along the periphery wall with fire resistance

rating Table 1 of Part IV of the NBC, 2016 and Tables 2 to

18 of Part IV of the NBC, 2016) or shall be separated with

the blast wall.

(l)

If cut-outs are provided from basements to the upper floors

or to the atmospheres, all sides cut-out openings in the

basements shall be protected by sprinkler head at close

spacing so as to form a water curtain in the event of a fire.

(m) It is essential to make provisions for drainage of any such

water on all floors to prevent or minimize water damage of

the contents. The drain pipes should be provided on the

external wall for drainage of water from all floors. On large

area floors, several such pipes may be necessary which

should be spaced 30 m apart. Care shall be taken to ensure

that the construction of the drain pipe does not allow spread

fire/smoke from floor to floor.

9.2.6

Compartmentation :

(a) The building shall be suitably compartmentalized so that

fire/smoke remains confined to the area where fire incident

has occurred and does not spread to the remaining part of

the building.

(b) Compartmentation and Pressurization method shall be

adopted (as per clause 4.10 of Part 4 of NBC, 2016) to

154

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

protect escape routes against ingress of smoke, or toxic

gases into the

escape routes will be prevented.

Pressurization shall be adopted for high rise buildings and

building having mixed occupancy/multiplexes having

covered area more than 500 m2.

9.2.7

Corridors :

(a) Exit corridors and passageways shall be of width not less

than the aggregate required width of exit doorways leading

from them in the direction of travel to the exterior.

(b) The minimum width of a corridor in a residential building

shall be 1.0 m for single loaded and 1.8 m for double

loaded and in all other buildings shall be 1.5 m.

(c) Where

stairways

discharge

through

corridors

and

passageways, the height of corridors and passageways shall

be not less than 2.4 m.

(d) All means of exit including staircases lifts lobbies and

corridors shall be ventilated.

9.2.8

Glass Façade/Service Ducts/Shafts/Refuge Area/Vents :

(a) An Opening to the glass façade of min. width 1.5 m and

height 1.5 m shall be provided at every floor at a level of

1.2 m from the flooring facing compulsory open space as

well as on road side. Construction that complies with the

fire rating of the horizontal segregation and has any gap

packed with a non-combustible material to withstand

thermal expansion and structural movement of the walling

without the loss of seal against fire and smoke.

(b) Mechanism of Opening: The openable glass panel shall be

either left or right shall have manual opening mechanism

from inside as well as outside. Such openable panels shall

be marked conspicuously so as to easily identify the

openable panel from outside.

(c) Fire seal to be provided at every floor level between the

external glazing and building structure.

(d) The glazing used for the façade shall be of toughened

(tempered) safety glass as per I.S.2553.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 155

(e) To avoid fire propagation vertically from one floor to

another floor, a continuous glass I must be separated

internally by a smoke/fire seal which is of non-combustible

material having a fire resistance rating of not less than

2 hours.

(f)

Service ducts and shafts shall be enclosed by walls and

doors with fire resistance rating (clause Error! Reference

source not found. of Error! Reference source not

found.). All such ducts/shafts shall be properly sealed and

stopped fire ingress at all floor levels.

(g) A vent opening at the top of the service shaft shall be

provided having an area between one-fourth and one-half

of the area of the shaft.

(h) The openable vent of minimum 2.5% of the floor area shall

be provided. The openable vent can be pop out type or

bottom hinged provided with fusible link opening

mechanism and shall also be integrated with Automatic

Smoke Detection System

(i)

Alternate vertical glass panels of the façade shall be

openable type with the mechanism mentioned above in

order to ventilate the smoke.

(j)

Refuge areas covered with the glass façade shall have all

the panels fully openable (either left or right hinged) both

from inside as well as outside.

(k) Glass quality and Practice of use of Glass in buildings shall

have to be in conformity with the BIS codes as given in

Table 9—3 below:—

Table 9—3: Glass quality and Use of glass in buildings

IS Code

Specifications

1

2

2553 (Part 1):1990 Specification for safety glass: Part 1 General

purpose (third revision)

2835:1987

Specification for flat transparent sheet glass

(third revision)

438:1994

Specification for silvered glass mirrors for

general purposes (second revision)

156

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

1

2

5437:1994

Specification for figured rolled and wired glass

(first revision).

14900:2000

Specification for transparent float glass.

16231 Part 1

General methodology for selection

16231 Part 2

Energy and Light.

16231 Part 3

Fire and Loading

16231 Part 4

Safety related to Human Impact

9.3

Building Services :

9.3.1

Staircase and Corridor Lighting :

(a) The staircase and corridor lighting shall be on separate

service and shall be independently connected so as it could

be operated by one switch installation on the ground floor,

easily accessible to fire-fighting staff at any time

irrespective of the position of the individuate control of the

light points, if any.

(b) Staircase and corridor lighting shall also be connected to

alternate supply from parallel high-tension supply or to the

supply from the stand-by generator.

(c) Emergency lights shall be provided in staircase and

corridor/passageway, horizontal exits, refuge area; and all

wires and other accessories used for emergency light shall

have fire retardant property.

9.3.2

Electrical Services :

(a) The electric distribution cables/wiring shall be laid in

separate duct the duct shall be sealed at every floor with

non-combustible materials having the same fire resistance

as that of the duct. Low and medium voltage wiring

running in shaft and in false ceiling shall run in separate

conduits.

(b) Water mains, telephone cables, intercom cables, gas pipes

or any other service line shall not be laid in the duct for

electric cables. Use of bus ducts/solid rising mains instead

of cables is preferred.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 157

(c) The provision of dedicated telecommunication ducts for all

new building proposals is mandatory for conveyance of

telecommunication and other data cables.

(d) Separate circuits for water pumps lifts, staircases and

corridor lighting and blowers for pressurizing system shall

be provided directly from the main switchgear panel (for

detailed specifications refer NBC, 2016, chapter 4 Fire and

Life Safety).

9.3.3

Alternate Source of Electric Supply :

A stand-by electric generator shall be installed to supply power

to staircase and corridor lighting circuits, fire lifts, the stand-by

fire pumps, pressurization fans and blowers, smoke extraction

and damper system in case of failure of normal electric supply.

The generator shall be capable of taking starting current of all

the machines.

9.3.4

Air-conditioning :

Air-conditioning shall conform to the following :—

(a) Escape routes like staircases, common corridors, lift

lobbies, etc. shall not be used as return air passage.

(b) The ducting shall be constructed of sufficient gauge metal

in accordance with good practice.

(c) Wherever the ducts pass through fire walls or floors, the

opening around the ducts shall be sealed with materials

having fire resistance rating of the compartment.

(d) Where duct crosses a compartment which is fire rated, the

ducts shall be fire rated for same fire rating. Further

depending on services passing around the duct work, which

may get affected in case of fire temperature rising, the

ducts shall be insulated.

(e) Metallic ducts shall be used even for the return air instead

of space above the false ceiling.

(f)

Where plenum is used for return air passage, ceiling and its

fixtures shall be of non-combustible material.

158

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

(g) The materials used for insulating the duct system (inside or

outside) shall be of non-combustible material; glass wool

shall not be wrapped or secured by any material of

combustible nature.

(h) Air ducts serving main floor areas, corridors, etc. shall not

pass through the staircase enclosure.

(i)

The air-handling units shall be separate for each floor and

air ducts for every floor shall be separated and in no way

inter-connected with the ducting of any other floor.

(j)

If the air-handling unit serves more than one floor, the

recommendations given above shall be compiled with in

addition to the conditions given below.

(k) Proper arrangements by way of automatic fire dampers

working on smoke detector/or fusible link for isolating all

ducting at every floor from the main riser shall be made—

(i)

When the automatic fire alarm operates, the

respective air-handling units of the air-conditioning

system shall automatically be switched off.

(ii) The vertical shaft for treated fresh air shall be of

masonry construction.

(iii) The air filters of the air-handling units shall be of

non-combustible materials or fire rated.

(iv) The air-handling unit room shall not be used for

storage of any combustible materials.

(v) Inspection panels shall be provided in the main

trunking to facilitate the cleaning of ducts of

accumulated

dust

and

to

obtain

access

for

maintenance of fire dampers.

(vi) No combustible material shall be fixed nearer than

150 mm to any duct unless such duct is properly

enclosed and protected with non-combustible material

(glass wool or spyglass with neoprene facing enclosed

and wrapped with aluminium sheeting) at least

3.2 mm thick and which would not readily conduct

heat.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 159

9.3.5

Transformers :

(a) If transformers are housed in the building below the ground

level it shall be necessarily in the first basement in separate

fire resistance room of 4 hours rating. Transformer shall be

dry type and shall be kept in an enclosure with walls, doors

and cut-outs having fire resistance rating of 4 hour. The

room shall necessarily be at the periphery of the basement

having separate and direct access from open area at ground

floor through a fire escape staircase. The entrance to the

room shall be provided with a steel door of 2 hours fire

rating. A curb of a suitable height shall be provided at the

entrance in order to prevent the flow of oil from ruptured

transformer into other parts of the basement. The

switchgears shall be housed in a separate room separated

from the transformer bays by a fire-resisting wall with fire

resistance not less than 4 hours.

(b) The transformer shall be protected by an automatic foam

sprinkler system. When housed at ground floor level it/they

shall be cut-off from the other portion of premises by Fire

Resisting Walls of 4 hours rating.

(c) A tank of RCC construction of adequate capacity shall be

provided at lower basement level, to collect the oil from the

catch pit in case of emergency. The pipe connecting the

catch-pit to the tank shall be of non-combustible

construction and shall be provided with a flame-arrester.

(d) The electric sub-station shall be located in a separate

building in accordance to I.E. Rules 68(I) and 64(I) (a).

(e) If this is not possible due to site conditions, the sub-station

shall be located on the ground floor. As far as possible sub-

station shall not be installed in a basement, for such

situations special provisions like mechanical ventilation,

wherever required, cable ducting, cable trays, top/bottom

entry of HV/LV cable, hooks on Transformer(s) & HV

panels,

adequate

fire

detection

and

fire-fighting

arrangement, adequate drainage, effective measures to

prevent flooding etc. shall be provided. Adequate

precautions shall also be taken for water proofing to

160

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

prevent seepage of water. A ramp shall also be provided

with a slope, not steeper than 1 in 7, for easy movement of

equipment to and from sub-station.

(f)

Fire regulations-The installations shall be carried out in

conformity with the local regulations and rules thereunder

wherever they are in force. At other places NBC, 2016

guidelines shall be followed.

9.3.6

Gas supply :

(a) Town Gas/L.P. Gas Supply Pipes-Where gas pipes are run

in buildings, the same shall be run in separate shafts

exclusively for this purpose and these shall be on external

walls, away from the staircases. There shall be no

interconnection of this shaft with the rest of the floors.

(b) LPG distribution pipes shall always be below the false

ceiling. The length of these pipes shall be as short as

possible. In the case of kitchen cooking range area, apart

from providing hood, covering the entire cooking range, the

exhaust system should be designed to take care of 30 CUM

per minute per sq.m. of hood protected area. It should have

grease filters using metallic grill to trip oil vapours

escaping into the fume hood.

Note:—For detailed information on gas pipe installations,

reference may be made to Para 9 ‘Plumbing Services,

Section 3 Gas Supply’, of NBC, 2016.

(c) For large/commercial kitchens all wiring in fume hoods

shall be of fiber glass insulation. Thermal detectors shall be

installed into fume hoods of large kitchens for hotels,

hospitals and similar areas located in high rise buildings.

Arrangements shall be made for automatic tripping of the

exhaust fan in case of fire.

(d) If LPG is used, the same shall be shut off. The voltage shall

be of 24 V or 100 V DC operated with the external

rectifier. The valve shall be of the hand re-set type and shall

be located in an area segregated from cooking ranges.

Valves shall be easily accessible. The hood shall have

manual facility for steam or carbon dioxide gas injection,

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 161

depending on duty condition; and Gas meters shall be

housed in a suitably constructed metal cupboard located in

a well-ventilated space, keeping in view the fact that LPG

is heavier than air and town gas is lighter than air.

9.3.7

Boiler Room :

Further, the following additional aspects may be taken into

account in the location of Boiler/Boiler Room:—

(a) The boiler shall not be allowed in sub-basement but be

allowed in the first basements away from the escape routes.

(b) The boilers shall be installed in a fire resisting room of 4

hours fire resistance rating, and this room shall be situated

on the periphery of the basement. Catch pit shall be

provided at the low level. Entry to this room may be

provided with a composite door of two-hour fire resistance.

(c) The boiler room shall be provided with fresh air inlets and

smoke exhausts directly to the atmosphere.

(d) Foam inlets shall be provided on the external walls of the

building at the ground floor level to enable the fire services

to use foam in case of fire.

(e) The furnace oil tank for the boiler, if located in the

adjoining room shall be separated by fire resisting wall of

4-hour rating. Entry to this room shall be provided with a

composite door of 2-hour fire resistance. A curb of suitable

height shall be provided at the entrance in order to prevent

the flow of oil into the boiler room in case of tank rupture.

9.3.8

Helipad :

Buildings above 200 m in height, helipad may be provided.

9.3.9

Disaster Management (Fire Safety) :

Refer Part 4 of NBC 2016 for minimum requirements for fire-

fighting installations.

9.3.10 Structural Safety :

As per provisions made for Structural Safety in Chapter 6 of

MBBL 2016 and from Section 12.2.5.1 of NBC 2016 or its latest

version.

162

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

The application for seeking building permit shall be

accompanied with a report of Architect/Structural Engineer

certifying that the proposed structure has been designed

structurally keeping in view the safety measures against

earthquakes as indicated in the following Bureau of Indian

Standards (B.I.S.).

List of Codes Published by CED 39 (Earthquake Code Committee)

of Bureau of Indian Standards

Sr.

No.

Code No

Year of

Revised

Publicat-

ion

Year of

Reaffir-

mation

Title

1

2

3

4

5

1

IS 13935

2009

2014

Seismic Evaluation, Repair and

Strengthening

of

Masonry

Buildings-Guidelines.

2

IS 1893:

Part 1

2016

Criteria

for

Earthquake

Resistant Design of Structure-

Part 1 : General Provisions and

Buildings.

3

IS 4326

2013

Earthquake resistant design and

construction of buildings-Code

of practice.

4

IS 13920

2016

Ductile Design and Detailing of

Reinforced Concrete Structures

Subjected to Seismic Force-

Code

of

Practice

(First

Revision).

5

IS 13827

1993

2013

Improving earthquake resistance

of earthen buildings-Guidelines.

6

IS 13828

1993

2013

Improving earthquake resistance

of

low

strength

masonry

buildings-Guidelines.

7

IS 1893:

Part 2

2014

Criteria

for

Earthquake

Resistant Design of Structures-

Part 2 Liquid Retaining Tanks.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 163

1

2

3

4

5

8

IS 1893:

Part 3

2014

Criteria

for

Earthquake

Resistant Design of Structures

Part 3 Bridges and Retaining

Walls.

9

IS 1893:

Part 4

2015

Criteria

for

Earthquake

Resistant Design of Structures

Part 4 Industrial Structures

Including Stack-Like Structures

(First Revision).

10

IS 4967

1968

2015

Recommendations for Seismic

instrumentation for river valley

projects.

11

IS 4991

1968

2013

Criteria for blast resistant design

of structures for explosions

above ground.

12

IS 6922

1973

2013

Criteria for safety and design of

structures subject to under-

ground blasts.

9.3.11 Sustainable Environment and Buildings :

Refer CHAPTER 11 : of this document.

9.3.12 General :

(a) Architectural elements such as louvers, pergolas, other

sunshine materials should be free from FAR.

(b) Any architectural roof top structures would also be

permitted out of FAR if not used for habitable or

commercial purposes.

(c) Building elements such as sky bridges and landscape

terraces which are meant for community purposes only

shall be permitted free of FAR.

(d) Services can be permitted on roofs with adequate screening

for the same.

(e) Service floors shall not be counted in FAR. Service area on

habitable floors may be considered free from FAR.

(f)

Atrium/Atria at any floor will be counted only once in the

FAR. Atrium may be enclosed by light roofing or R. C. C.

as per NBC, 2016.

164

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

(g) Scissor staircase would be permitted provided all travel

distance and fire norms are adhered to.

(h) Stilts in high-rise will not be restricted to height. of 2.4m as

long as it is used for parking.

(i)

Multilevel car parking with car lifts would be permitted

with adequate fire safety.

9.4

Tall Building :

Building with height more than 50 m shall be considered as Tall

buildings. All the provisions and norms applicable for High Rise

Building shall be also applicable for Tall Buildings. In addition

to that, Tall Buildings shall be allowed only on the roads having

minimum ROW 60m with standard service lanes.

CHAPTER 10

RAINWATER HARVESTING

This chapter gives the mandatory requirements of water

conservation. The methods and techniques shall be adopted from

NBC, 2016.

10.1 The Rainwater Harvesting (RWH) system:

The harvesting of rainwater simply involves the collection of

water from surfaces on which rain falls, and subsequently storing

this water for use. The rainwater collected can be stored for

direct use or can be recharged into the underground aquifers. In

scientific terms water harvesting (broadly) refers to collection

and storage of rainwater from the rooftops. This also restricts

evaporation and seepage into building foundations. All buildings

having a plot size of 100 sq.m. Or more, while submitting the

building plans for sanction, shall mandatorily include the

complete proposal of rainwater harvesting.

A rainwater harvesting system consists of—

(a)

Roof catchment ;

(b)

Gutters ;

(c)

Down pipes ;

(d)

Rainwater/Storm water drains ;

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 165

(e)

Filter Chamber ;

(f)

Storage Tanks/Pits/Sumps ;

(g)

Ground Water recharge structures like pit, trench, tube well

or combination of above structure.

Rainwater Harvesting is a way to capture the rain runoff, store

that water above ground or charge the underground aquifers and

use it later. This happens naturally in open rural areas. But in

congested, over-paved metropolitan cities, there is a need to

devise methods to capture the rainwater. The rainwater that is

incident on the surface/rooftop is guided to bore wells or pits or

new/old/abandoned wells through small diameter pipes to

recharge the underground water which can be used later

whenever required.

Rainwater can be harvested to the extent of 55,000 litres per

100 sq. m. area per Year from rooftops.

10.2 Rainwater harvesting techniques:

There are two main techniques of rainwater harvestings—

(a)

Storage of rainwater on surface for future use.

(b)

Recharge to ground water.

The technical aspects and options of Rainwater harvesting from

which the city authorities can assess and choose to adopt

(Refer Appendix for the technical aspects and options as

suggested by Model Building Bye-Laws, 2016).

10.3 Harvesting provisions in various Building categories:

All buildings in a city contribute to the rainwater runoff during

the monsoon and hence such runoff can be harvested for water

reuse/recharge. The indicative provisions of rainwater harvesting

in various buildings types are:

Table 10—1: Provisions for Rainwater harvesting by building

types

Category

Use

Area

of

Plot (sq.m.)

Provision to be made

Other conditions

Residential Plotted Houses

New

Proposals

100 and

above

Construction of Rain water

Harvesting Structure

Shall have emphasis

on both storage and

reuse.

166

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

Category

Use

Area

of

Plot (sq.m.)

Provision to be made

Other conditions

Group Housing

New

Proposals

All

plot

sizes

(i) Construction

of

Rainwater Harvesting

Structure.

(ii) Concrete paving to be

avoided

and

permeable

materials

are to be used for all

open parking spaces.

(i) Should indicate

the system of

Strom

Water

Drainage,

Rainwater

Harvesting

Structure

and

Recharging

Well.

Public and Semi-public Buildings

All

Proposals

All

Plot

Sizes

(i) Shall have Rain water

Harvesting

Structure

and storage

(ii) Shall have Recharge

pits.

Shall have emphasis

on both storage and

reuse.

Commercial Mixed Use

All

Proposals

All

Plot

Sizes

Construction of Rainwater

Harvesting Structure.

Soft landscape provision

and

open

spaces

with

percolation pits.

Common treatment plant to

be

made

part

of

the

integrated

development,

funded

by

sale

of

commercial space.

Should indicate the

system

of

Strom

Water

Drainage,

Rainwater.

Harvesting Structure

and

Recharging

Well.

Shall have emphasis

on both storage and

reuse.

Industrial

All

Proposals

All

Plot

Sizes

Construction of Rainwater

Harvesting Structure.

Soft landscape provision

and

open

spaces

with

percolation pits.

Use of abandoned bore

wells for recharging of

ground water.

iii

Common

treatment

plant to be made part of the

integrated

development,

funded

by

sale

of

commercial space.

Should indicate the

system

of

Strom

Water

Drainage,

Rainwater.

Harvesting Structure

and

Recharging

Well.

Provision should be

made not to inject

contaminate

water

into

recharge

structures

in

industrial areas and

care is to be taken to

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 167

Category

Use

Area

of

Plot (sq.m.)

Provision to be made

Other conditions

keep such structures

away from

sewer

lines, septic tanks,

soak pits, landfill

and other sources of

contamination.

Other Uses

Other

Proposals

All

Plot

Sizes

Similar as above

Similar as above

10.4 Rainwater Harvesting Provisions for Open spaces in cities:

The open spaces/recreational land use generally constitute

regional parks, district parks, playground and stadium, sports

complex, monument zones, public parking, Plaza and other

public open space. This may be as high as 30% to 50% of the

city’s geographic area. All such public open spaces above the

size of 500 sq.m. shall have arrangements for complete

utilization and capture of storm water with scientific rainwater

harvesting arrangements.

Following ideas may also be included :—

(a)

Well cum Channel cum Percolation pits.

(b) Use of abandoned bore wells for recharging of ground

water.

(c)

Artificial or natural Storage of storm water runoff from

larger sites.

10.5

Ground Water Recharge:

Recharging of ground water should be made mandatory not only

for residential buildings but for all types of buildings, including

Group Housing Societies having a plot area more than 500 sq. m.

and above.

The Ground Water Recharge should also be mandatory for open

spaces like parks, parking, plazas and playgrounds. The

harvesting and recharge structures could be constructed by the

Authority

with

the

involvement

of

community-based

organizations like Resident Welfare Associations.

168

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

10.6

Enforcement and Monitoring:

(a)

The Authority shall constitute a Rainwater Harvesting Cell

which will be responsible for enforcement and monitoring

of the provisions of Rainwater Harvesting. The cell shall

employ qualified persons who are well versed with the

interpretation of Building Bye-laws and responsible for

enforcement as well as monitoring the functioning of the

Rainwater Harvesting System.

(b)

The Authority shall include inspection of Rainwater

Harvesting

Structures

before

issuing

Completion

Certificates or NOCs for service connections to the

property.

(c)

Set an example in the city by ensuring that Rainwater is

harvested in the properties/assets owned by them including

public buildings, markets, community enters, parking

spaces, roads, and parks etc.

(d)

The Authority shall also establish a mechanism to monitor

100% of RWH provisions in all the buildings above 1000

sq.m. with annual physical verification, while buildings less

than 1000 sq.m. can be monitored on the basis of 10%

random survey by BPIA.

(e)

With regard to open public spaces viz., Parks, playgrounds

etc. the implementation of provision rainwater harvesting

may be done with the help of Residents Welfare

Associations, Community Building Organization and Non-

Governmental Organizations.

(f)

The Authority shall ensure earmarking budgetary provision

for the creation and maintenance of rainwater harvesting

structures in public spaces owned and maintained by them,

like parking spaces, parks, plazas etc.

(g)

The practice of incentives and penalties to promote

rainwater harvesting shall be formulated by the local

authority based on best practices. Authority shall design its

own incentive and penalty systems, considering the water

level and scarcity.

Note:—For Methods of Rainwater Harvesting etc. refer

the NBC, 2016 or its latest version.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 169

CHAPTER 11

GREEN BUILDING AND SUSTAINABILITY

11.1 Provisions:

Modern buildings consume about 25 to 30% of total energy, and

up to 30 % of fresh potable water, and generate approximately

40% of total waste. Sustainable buildings have demonstrated

reduction in energy and water consumption to less than half of

the present consumption in conventional buildings, and complete

elimination of the construction and operational waste through

recycling.

Thus, all buildings on various plot sizes above 100 sq.m. Shall

comply with the green norms and conform to the requirements

mandatory for sanction as mentioned in this chapter.

These provisions are not specific to any rating system and are

not intended to provide a single metric indication of overall

building performance. These provisions allow the practitioners to

easily exercise their engineering judgment in holistically and

objectively applying the underlying principles of sustainability to

a development or building facility, considering its functionality

and required comfort level.

11.2

Provisions and Applicability:

The green building provisions on various plot sizes are indicated

in the table below:—

Table 11—1: Provisions and applicability for various plot sizes

(Residential and Non-Residential)

Plot

Cate-

gory

Applicable

Plot area

Provision for Residential

Provision for Non-

Residential

I

Up to 100

Nil

Nil

II

100 to 500

1(a), 2(a), 2(b), 4(a)

1(a), 2(b), 4(a)

500 to 1000

1(a), 1(c), 2(b), 3(c) 4(a)

1(a), 1(c), 2(a), 2(b),

3(c), 4(a)

1000 to 3000

1(a),1(c),1(d),2(a), 2(b),

3(b), 3(c)

1(a),1(c),1(d),2(a),

2(b), 3(b), 3(c)

III

Above 3000

1(a),1(b),1(c),1(d),2(a),

2(b), 3(a)

1(a),1(b),1(c),1(d),2(a),

2(b), 3(a)

*Note :—Provisions marked 1(a), 2(b) etc. are as per section 13.3.

170

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

The schemes/projects formulated on the basis of provisions

given in Master plan/Zonal Development Plan will require

approval as indicated :

EIA/ECC (as per MoEF and CC), National Building Code, 2016

or its latest version, ECBC 2007 or latest, BEE Star rating/LEED

of IGBC/GRIHA of TERI Certification.

EIA—Environmental Impact Assessment Study Report,

ECC—Environmental Clearance Certificate,

MoEF—Ministry of Environment and Forest,

National Building Code, 2016 or its latest version—National

Building Code,

ECBC—Energy Conservation Building Code,

BEE—Bureau of Energy Efficiency,

LEED—Leadership in Energy and Environment Design,

IGBC—Indian Green Building Council,

GRIHA—Green Rating for Integrated Habitat Assessment,

TERI—The Energy and Resources Institute.

The prevailing provisions of the above shall be applicable.

However, if there are any modification in the same, the modified

provisions shall become automatically applicable.

11.3 Provisions for Sanction :

1. Water Conservation and Management—

(a) Rainwater Harvesting

(b) Low Water Consumption Plumbing Fixtures

(c) Wastewater Recycle and Reuse

(d) Reduction of Hardscape

2. Solar Energy Utilization—

(a) Installation of Solar Photovoltaic Panels

(b) Installation of Solar Assisted Water Heating Systems

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 171

3. Energy Efficiency (Concept of passive solar design of buildings)

(a) Low Energy Consumption Lighting Fixtures (Electrical

Appliances—BEE Star and Energy Efficient Appliances).

(b) Energy Efficiency in HVAC systems.

(c) Lighting of Common areas by solar energy/LED devices.

4. Waste Management

(a) Segregation of Waste

(b) Organic Waste Management

In case owners of properties desire to procure green building

ratings from one or more rating bodies, they may suitably

incorporate any other provisions if required and additional

incentive FAR as per Master Plan may be availed.

11.3.1 Provisions for City and Site level greening:

In alignment with National Sustainable Habitat Mission, the

Authority shall encourage augmentation of green cover in the

city/plot, by following :—

The Urban Greening Guidelines, 2014 and other provisions as

given below:—

(a)

Provision of minimum 1 tree/every 80 sq. m. of plot area

for plot sizes >100 sq. m. and planted within the setback of

the plot.

(b)

Compensatory Plantation for felled/transplanted tress in

the ratio 1:3 within the Premises under consideration.

(c)

Choice of species for plantation in site and abutting the road

to be adopted as per Section 8 of the Urban Green

Guidelines, 2014.

(d)

The unpaved area shall be more than or equal to 20% of

the recreational open spaces.

11.3.2 Water Re-use and Recycling:

All building having a minimum discharge of 10,000 Litres and

above per day shall incorporate wastewater recycling system. The

recycled water should be used for horticultural purposes (Details

are explained in Chapter 14 Grey Water Recycling).

172

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

11.3.3 Rooftop Solar Energy Installations :

Rooftop photovoltaic power station, or rooftop PV system, is a

photovoltaic system that has its electricity-generating solar

panels mounted on the rooftop of residential or commercial

buildings. The various components of such a system include

photovoltaic modules, mounting systems, cables, solar inverters

and other electrical accessories. Rooftop PV systems are faster

than other types of renewable power plants. They’re clean, quiet,

and visually unobtrusive. Table 10.2 below stipulates the Norms

for Rooftop Solar PV Installation.

Table 11—2 : Norms for Rooftop Solar PV Installation and

generation

S.

No.

Category of

buildings/area

Area standards

Generation requirement

Plotted Housing

1.

Plotted

Housing

For HIG Plots

and above

Minimum 5% of connected

load

or

20W/sq.ft.

for

“available

roof

space”**,

whichever is less.

2.

Group

Housing

All proposals,

as per Group

Housing

Norms

Minimum 5% of connected

load or 20W/sqft for “available

roof space”, whichever is less.

All other buildings (Government or Private, defined as per

clause 1.16 b to g) (mandatory for buildings having shadow free

rooftop area > 50 sq.m.)

3.

Educational

Plot size of 500

sq.m.

and

above

Minimum 5% of connected

loador

20W/sq.ft.

for

“available roof

space”,

whichever is less.

4.

Institutional

5.

Commercial

6.

Industrial

7.

Mercantile

8.

Recreational

* Area provisions on roof top shall be @12 sq. m. per 1KWp,

as suggested by Ministry of New and Renewable Energy.

** “Available roof area”=70% of the total roof size, considering

30% area reserved for residents’ amenities.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 173

11.3.4 Installation of Solar Assisted Water Heating System in

Buildings :

(a)

No new building in the following categories in which there

is a system of installation for supplying hot water shall be

built unless the system of the installation is also having an

auxiliary solar assisted water heating system:—

(i)

Hospitals and Nursing Home.

(ii)

Hotels, Lodges, Guest Houses, Group Housing with

a plot area of 4000 sq. m.

(iii) Hostels of Schools, Colleges and Training Centres

with more than 100 Students.

(iv)

Barracks of armed forces, paramilitary forces and

police.

(v)

Individual residential buildings having more than

150 sq m. plinth area.

(vi)

Functional Buildings of Railway Stations and Air

Ports like waiting rooms, Retiring rooms, rest

rooms, inspection bungalows and catering units.

(vii) Community Centres, Banquet Halls, Barat Ghars,

Mangal Karyalayas and Buildings for similar use.

(b)

Definitions :

(i)

“Solar Assisted Water Heating System”.—A device

to heat water using solar energy as heat source.

(ii)

“Auxiliary back-up” Electricity operated or fuel

fired boilers/systems to heat water coming out from

solar water heating system to meet continuous

requirement of hot water.

(iii) “New Building” Such buildings of above said

categories for which construction plans have been

submitted to the Authority for clearance.

(iv)

“Existing building” Such buildings, which are

licensed to perform their respective business.

174

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

(c)

Installation of Solar Water Heating System :

(i)

New Buildings : Clearance of plan for the

construction of new buildings of the aforesaid

categories shall only be given if they have a

provision in the building design itself for an

insulated pipeline from the rooftop in the building to

various distribution points where hot water is

required. The building must have a provision for

continuous water supply to the solar water heating

system. The building should also have open space

on the rooftop, which receives direct sun light. The

load bearing capacity of the roof should at least be

50 kg. per sq. m. All new buildings of above said

categories must complete installation of solar water

heating systems before obtaining necessary license

to commence their business.

(ii)

Existing Buildings : Installation of Solar Assisted

Water Heating Systems in the existing building

shall be made mandatory at the time of change of

use to above said category provided there is a

system or installation for supplying hot water.

(d)

Capacity : The capacity of solar water heating system to

be installed on the building of different categories shall be

decided in consultation with the local bodies. The

recommended minimum capacity shall not be less than 25

litres per day for each bathroom and kitchen subject to the

condition that maximum of 50% of the total roof area is

provided with the system.

(e)

Specifications : Installation of Solar Assisted Water

Heating Systems shall conform to BIS specification IS

12933. The solar collectors used in the system shall have

the BIS certification mark.

(f)

Auxiliary System : Wherever hot water requirement is

continuous, auxiliary heating arrangement either with

electric elements or oil of adequate capacity can be

provided.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 175

11.3.5 Sustainable Waste Management :

Zero Waste is a concept of waste management and planning

approaches that emphasize waste prevention as opposed to end

waste management. This means restructuring production and

distribution systems, designing and managing products and

processes to systematically follow the 3R rule of Reduce, Re-use

and Re-cycle the volume of waste, to conserve and recover all

used resources, and therefore eliminating all discharges to

landfills, and prevent air, water and land pollution. Zero

Waste/land-fill can be achieved by adopting systematic approach

of segregation at source by planning, by collection facilitation

and most importantly by creating public awareness. The green

waste can be converted into fuel cakes, kitchen waste into

manure, construction & demolition waste into bricks, plastic

waste into oil, paper, and glass and steel back into the same and

all residual inert materials can also be converted into bricks.

Achieving zero land -fill is more conveniently possible, if—

(a) The collection is made from house to house and some

segregation is done at household level

(b) Separate wet and dry bins must be provided at the ground

level.

(c) The recycling is done at decentralized, say, ward or even

lower levels.

11.3.6 Sustainability of Building Materials :

Sustainability of natural resources for building materials shall be

ensured through Conservation of available natural resources and

use of supplementary materials such as Industrial/agricultural

by-products, renewable resources, and factory-made building

components and recycled construction and demolition waste.

Supplementary building materials (derived or processed waste)

shall be suitably used in combination with conventional

resources offers dual advantages in purview of Health &

environmental benefits.

176

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

Use of Factory made pre-fab/pre-cast and recycled components

with Green benefits :

(a)

Panels, hollow slabs, hollow blocks-etc.-conservation of

materials, less water requirement.

(b)

Fly Ash bricks, Portland Pozzolana cement, Fly ash

concrete, phosphorgypsum-based walling and roofing

panels,

particle

wood-recycled

use

of

industrial/

agricultural by-products.

(c)

Fly ash/AAC (Autoclaved aerated lightweight\concrete)

panels/CLC (Cellular lightweight concrete) panels-ensures

thermal comfort (significant reduction in air conditioning

requirement).

(d)

Use of bamboo and rapidly growing plantation timbers-

environmental benefits. Local materials are generally

suitable for prevailing geo-climatic conditions and have

advantage of low transportation cost and time. Sustainable

use of building materials shall be encouraged which may

combine certain mandatory provisions and incentives.

11.4 Various Guidelines for Green Rating systems :

The accreditation with the regulator-Bureau of Energy

Efficiency, Ministry of Power, GoI-will make the firms eligible

for Green Rating systems.

CHAPTER 12

GREY WATER RECYCLING

Whereas it is expedient to regulate the activities such as :—

(a)

Pre-treatment of Grey Water, sewage and grey water

before it is accepted for reuse for the purpose of non-

portable use ;

(b)

Installation of flow meters, samplers or other devices to

measure flow and quality of the sewage, recycled water

and industrial waste discharge ;

(c)

Pre-treatment of Grey water and Sewage as per

classification before it is accepted for discharge to the

sewerage system ;

(d)

Separation of non-portable water plumbing and portable

water plumbing ;

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 177

(e)

Sampling and monitoring of industrial waste discharges to

ensure compliance of conditions under the bye-laws;

(f)

Encouraging the use of treated recycles water for

non-portable use.

12.1 Definitions :

In these Bye-Laws :

‘Grey Water’ means water involving water from sinks, tubs,

showers and washing.

‘Industrial/Commercial Premises’ means any premises which is

being used or intended to be used (whether for profit or not) for

carrying on any trade, business, education, research or industry.

‘Commercial Waste’ or ‘Wastes’ are the waste removed from an

industrial plant or other premises by way of discharge of any

liquid, with or without matter in suspension or solution therein,

that is or may be discharged from trade premises in the course of

any trade or industrial process or operation or in the course of an

activity or operation of alike nature.

‘Inspector’ includes whoever the President/Executive Officer of

Municipal Committee/Council has appointed in writing for the

purposes of these bye-laws.

‘ISO5667’ means the latest edition complete with any

amendments, of international Standards ISO 5667:2003 Water

Quality Sampling.

Part 1: 1980 Guidance on the design of Sampling programmes.

Part 2: 1991 Guidance on sampling techniques.

Part 3: 1994 Guidance on the preservation and handling of

samples.

Part 10: 1992 Guidance on sampling of Grey water.

‘ISOTR9824’ means the latest edition complete with any

amendments,

of

international

Standard

ISO

TR

9824:

Measurement of liquid flow in open channels.

178

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

Part 1: 1990 Measurement of free surface flow in closed

conduits Methods.

Part 2: 1990 Measurement of free surface flow in closed

conduits Equipment.

‘Sewerage System’ means all types of sewer, appurtenances,

pumping stations, storage tanks, waste water treatment facility

plants, marine outfalls and other related structures existing in the

urban area and used for the reception, treatment and disposal of

waste water and also termed as “waste water system”

‘Waste minimization’ means the implementation on trade

premises, of operations and restrictions, appropriate to the goal

of reducing or eliminating the quantity and toxicity of wastes.

Section ‘A’ Applicability of Grey Water Reuse Bye-laws

12.1.1 Applicable to all group housing, commercial and industrial

premises which fall in one of the following categories :—

Category 1: Whose plot area is more than 2000 Sq. m.

Category 2: Water quota is more than 40,000 litres/day.

Category 3: Premises which has more than 50 dwelling unit of

any kind.

12.1.2 Exemptions

could

be

accorded

under

following

circumstances, as decided by the authority :

In case the existing premises cannot permit the provision of

additional overhead tank for the purpose of the use of treated

water.

If, in the existing structure, there is no space for installation of

treatment facility and collection chamber.

12.2 Enforcement of Bye-Laws :

In case of existing properties, President/Executive Officer of

Municipal Committee/Council or his authorized officer will

issue a notice to the occupier for making arrangements of for

reuse of Grey Water within specified time.

In case of proposed/intending/under redevelopment properties,

the occupier/developer/builder will submit an application

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 179

directly

or

through

his

authorized

consultant

to

the

President/Executive Officer of Municipality Committee/Council

with details of proposed ‘Discharge management Plan’ along

with the application for demand of water permission to connect

the Grey Water/Sewerage to municipal sewerage system where

ever applicable.

12.3

Granting a Permission :

Every premises will be granted permission for the discharge of

industrial waste or wastes to the municipal sewerage system only

if the recycling measures and conditions set forth in schedules

issued under this bye-law are fulfilled.

12.4

Waste tests and their results :

An occupier of an industrial plant or premises requiring a license

shall provide to the President/Executive Officer of Municipal

Committee/Council or an authorized officer once a year for the

purpose of receiving a license, test results of the industrial wastes

discharged from the plant or premises.

Without derogating the provisions specified in this Building

Bye-laws, the occupier of a premises requiring a license or the

occupier of a controlled plant or premises, shall provide to the

Authority, the test results of the industrial wastes or waste

discharged from the plant or premises at any time he is requested

in writing to do so by the President/Executive Officer of

Municipality Committee/Council.

The testing of wastes and the submission of the results shall be

done in a manner in accordance with the terms and conditions

prescribed by the Authority or an authorized officer in this regard.

This bye-law accords the Authority, his agent or an authorized

officer of their authority to visit the plant premises at any

reasonable time.

12.5

Notices for testing of discharge :

The Authority may order the testing of sample industrial waste or

wastes as described in clause 12.4 of this Building Bye-laws, he

180

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

feels that the circumstances so demand and he may, by written

notice, direct the plant or premises occupier to pay the expenses

of performing such tests.

A controlled plant whose occupier received notice as stated in

clause 12.4 of this Building Bye-Laws shall comply the

provisions of Clause 12.3 of this Building Bye-Laws prescribed

above for that purpose.

12.6 Operational Permission for the Grey Water Recycling

Treatment Plant :

The Authority may determine on the basis of test results of the

wastes that were provided to him or that were performed at his

instance or behalf, that a recycled water plant is fulfilling the

requirements and will issue permission in writing to put the plant

on permanent to the occupier.

The occupier shall operate the plant as specified.

12.7 Separation of Grey Water :

The wastes from toilets in the premises will be separated from

grey water that is of bathroom and kitchen wastes by means of

separate down take discharge system. The grey water shall be

recycled by providing recycling plant and shall be reused for

non-portable purposes after storing the same in distinctly

separate tank by means of purple coloured down take pipes. The

water quality shall conform to standards of non-potable water.

The recycled water shall be tested once in six months and results

shall be made available to Authority or his authorized officer

whenever demanded.

The make-up connection to the system will be done at the

collection tank of the treated water, through a free fall if from

Municipal water connection, but preferable from a local source

like bore-well.

12.8 Conditional Waste Discharge Permission :

Waste discharge of the conditional type plant will be allowed on

the issuance of conditional permission provided the conditional

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 181

type plant has recycling and reuse of water facility and not

exceeding limits given in as per Jammu and Kashmir Pollution

Control Board (JKPCB) norms.

12.9 Mandatory notice regarding changes :

An occupier of premises shall inform the Authority of any

change in the quality, nature or quality of the wastes discharged

from his plant or premises, the manner of their discharge or

extra requirement of external supply of water in variation or

violation of license under these Bye-laws.

12.10 Authority to change license/notice conditions :

The Authority or his authorized officer, having given a license or

a notice in writing, may revoke, modify or stipulate conditions to

the license or notice if not satisfied on inception of the plant,

premises or test reports.

12.11 Delivery of Notice/Permission :

Notice/permission required by this bye-law shall be deemed to

have been delivered lawfully if it is given in to the hand of their

intended receiver with acknowledgement, or delivered to his

place or residence or his place of occupation or place known to

be so with acknowledgement, or to adult member of his family or

to an adult employee with acknowledgement, or if sent by

registered mail to the same person according to his place of

residence, of normal place of employment recently known to be

so. If it is not possible to make the delivery as stated, the notice

will be assumed to have been delivered lawfully if the notice is

pasted in a conspicuous place in one of the above stated

locations.

12.12 Corrective action :

Any person violating the provisions of these bye-laws shall be

fined Rs. 5000/- only on the day of detection and if the violation

continues shall be fined Rs. 100/- only for every day as a

corrective action after a written notice from the Authority or his

authorized officer is delivered to him.

Failure to operate (as determined by the Inspector or authorized

officer of MC Municipality from the observations of test results

182

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

and/or physical verification) the recycling plant will attract a

penalty of Rs. 500/- per day and/or disconnection of water

connection.

12.13 Authorization of Officers :

The Authority will authorize his officers/inspectors and will

delegate the necessary powers for carrying various duties under

this bye-law.

CHAPTER 13

CLIMATE RESILIENT CONSTRUCTION-INTEGRATION OF

ENVIRONMENTAL CLEARANCE WITH SANCTION

Land,

Air,

Noise,

Water,

Energy,

biological/socio-

economic/solid/other waste management are the main facts

considered in relation to Pre, during and Post. Building

Construction

for

Sustainable

Environment

Management.

Therefore, it is necessary for the building process to ensure

compliance to various conditions laid down by the Ministry of

Environment, Forest and Climate Change (MoEF and CC).

The building construction sector is a major contributor towards

carbon footprints which affects climate change. India is

committed towards mitigating the effects of climate change and

moving

towards

internationally

accepted

norms

for

environmentally friendly building construction. Currently this

objective of environmental safeguard is achieved through

obtaining a specific environmental clearance (EC) for any

construction project having a size of more than 20,000 sq. m.

This is administered under notification of Ministry of

Environment, Forest and Climate Change.

With rapid urbanisation and growth of Indian economy, it is

anticipated that the construction activity will experience a

proportionate growth. Government is also committed towards

streamlining of clearances for buildings and real estate sector and

empowering the urban local bodies with an objective of ease of

doing business.

13.1 Environmental conditions for compliance during Building

approvals :

The Ministry of Environment, Forest and Climate Change has

now decided to integrate the environmental concerns into

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 183

building plan approval process and empowering the concerned

local body/development authority to approve and certify

compliance of stipulated requirements. The new building

construction proposals are classified in the following 3

categories :—

(i)

Conditions for Category ‘A’ Buildings: Built-up Area

5000 sq. m.-20000 sq. m.

(ii) Conditions for Category ‘B’ Buildings: Built-up Area

20000 sq. m.-50000 sq. m.

(iii) Conditions for Category ‘C’ Buildings: Built-up Area

50000 sq. m.-150000 sq. m.

States are, therefore, advised to amend their building by-laws by

incorporating the set of conditions for each category A, B and C

as mentioned above either for the entire State/UT or clearly

identified part thereof, where they would like to integrate the

environmental clearance conditions with building permissions

and empower the local authority to examine, stipulate and

ensure

compliance

of

conditions

required

to

address

environmental concerns the State/UT should submit such

proposal/notification at draft stage as well as a copy of the final

notification to the MoEF and CC.

(a)

For building plans with a total built-up area between

5,000 sqm. and 1,50,000 sqm. and environment clearance

will be required to be synchronized with the building

regulations.

(b)

The concerned Urban local body, authorized to sanction

building plans, shall ensure at the time of sanctioning a

building plan that the environmental requirements

stipulated in Table 16.1 (for above 5,000 sqm. and up to

20,000 sqm.), Table 12.2 (for above 20,000 sqm. and up

to 50,000 sqm.) and Table 12.3 (for above 50,000 sqm.

and up to 1,50,000 sqm.), as the case may be, are

complied with.

184

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

Table 13—1 : Environmental Conditions for Building and Constructions

(Category “A” 5000 sq. m-20000 sq. m.)

S.

No.

Medium

Environmental conditions

MBBL

Ref.

Clause

1

Natural

Drainage

The inlet and outlet point of

natural drain system should be

maintained with adequate size of

channel for ensuring unrestricted

flow of water.

_

2

Water

conservations-

Rainwater

Harvesting and

Ground Water

Recharge

A rainwater harvesting plan needs

to be designed where the recharge

bores (minimum one per 5000

sqm of built-up area) shall be

provided. The rainwater harvested

should be stored in a tank for

reuse in household through a

provision of separate water tank

and pipeline to avoid mixing with

potable municipal water supply.

The excess rainwater harvested be

linked to the tube well bore in the

premises through a pipeline after

filtration in the installed filters.

Table 9.1

2 (a)

The unpaved area shall be more

than or equal to 20% of the

recreational open spaces.

10.2.1

(iv)

3

Solid Waste

Management

Separate wet and dry bins must be

provided at the ground level for

facilitating segregation of waste.

10.2.5 (b)

4

Energy

In common areas, LED/solar

lights must be provided.

10.2 (3)

5

Air Quality and

Noise

Dust,

smoke

and

debris

prevention

measures such as

screens,

barricading

shall

be

installed

at

the

site

during

_

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 185

S.

No.

Medium

Environmental conditions

MBBL

Ref.

Clause

construction.

Plastic/tarpaulin

sheet covers must be used for

trucks

brining

in

sand

and

material at the site.

5(a)

The exhaust pipe of the DG set, if

installed, must be minimum 10m

away from the building. In case it

is less than 10m away, the exhaust

pipe shall be taken up to 3m

above the building.

__

6

Green Cover

A minimum of 1 tree for every

80 sqm of land shall be planted

and maintained. The existing trees

will be counted for this purpose.

Preference should be given to

planting native species.

10.2.1 (i)

6(a)

Where the trees need to be cut,

compensatory plantation in the

ratio of 1:3 (i.e. planting of 3 trees

for every 1 tree that is cut) shall

be done with the obligation to

provide continued maintenance

for such plantations.

10.2.1 (ii)

Table 13—2: Environmental Conditions for Building and Constructions

(Category “B” 20000 sq.m.-50000 sq.m.)

S.

No.

Medium

Environmental conditions

MBBL

Ref. Clause

1

Natural

Drainage

The inlet and outlet point of natural

drain system should be maintained

with adequate size of channel for

ensuring unrestricted flow of water.

_

186

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

S.

No.

Medium

Environmental conditions

MBBL

Ref. Clause

2

Water

conservations-

Rainwater

Harvesting and

Ground Water

Recharge

A rainwater harvesting plan needs to

be designed where the recharge bores

(minimum one per 5000 sqm of built-

up area) shall be provided. The

rainwater harvested should be stored

in a tank for reuse in household

through a provision of separate water

tank and pipeline to avoid mixing with

potable municipal water supply. The

excess rainwater harvested be linked

to the tube well bore in the premises

through a pipeline after filtration in the

installed filters.

Table 9.1

2 (a)

The unpaved area shall be more than

or equal to 20% of the recreational

open spaces.

10.2.1 (iv)

3

Solid Waste

Management

Separate wet and dry bins must be

provided at the ground level for

facilitating segregation of waste.

10.2.5 (b)

4

Energy

In common areas, LED/solar lights

must be provided.

10.2 (3)

4(a)

At least 1% of connected applied load

generated from renewable energy

source such as photovoltaic cells or

windmills

or

hybrid

should

be

provided.

10.2

4(b)

As per the provisions of the Ministry

of New and Renewable energy solar

water heater of minimum capacity 10

litres/4 persons (2.5 litres per capita)

shall be installed.

1-2.4-IV

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 187

S.

No.

Medium

Environmental conditions

MBBL

Ref. Clause

4(c)

Use of fly ash bricks: Fly ash should

be used as building material in the

construction as per the provisions of

Fly Ash Notification of September,

1999 and as amended from time to

time.

10.2.6 (b)

5

Air Quality

and Noise

Dust, smoke and debris prevention

measures such as screens, barricading

shall be installed at the site during

construction. Plastic/tarpaulin sheet

covers must be used for trucks brining

in sand and material at the site.

_

5(a)

The exhaust pipe of the DG set, if

installed, must be minimum 10m away

from the building. In case it is less

than 10m away, the exhaust pipe shall

be taken up to 3 m above the building.

_

6

Green Cover

A minimum of 1 tree for every 80

sq.m. of land shall be planted and

maintained. The existing trees will be

counted for this purpose. Preference

should be given to planting native

species.

10.2.1 (i)

6(a)

Where the trees need to be cut,

compensatory plantation in the ratio of

1:3 (i.e. planting of 3 trees for every 1

tree that is cut) shall be done with the

obligation

to

provide

continued

maintenance for such plantations.

10.2.1 (ii)

188

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

Table 13—3: Environmental Conditions for Building and

Constructions (Category “C” 50000 sq.m. 150000 sq.m.)

S.

No.

Medium

Environmental conditions

MBBL Ref.

Clause

1

Natural

Drainage

The inlet and outlet point of

natural drain system should

be maintained with adequate

size of channel for ensuring

unrestricted flow of water.

_

2

Water

conservations-

Rainwater

Harvesting

and

Ground

Water

Recharge

A rainwater harvesting plan

needs to be designed where

the recharge bores separate

water tank and pipeline to

avoid mixing with potable

municipal water supply. The

excess rainwater harvested is

to be linked to the tube well

bore in the premises through

a pipeline after filtration in

the

installed

filters

(minimum one per 5000 sqm

of built-up area) shall be

provided.

The

rainwater

harvested should be stored in

a tank for reuse in household

through a provision of

Table 9.1

2 (a)

The unpaved area shall be

more than or equal to 20% of

the recreational open spaces.

10.2.1 (iv)

2(b)

The ground water shall not

be

withdrawn

without

approval from the BPIA.

2(c)

Use of potable water in

construction

should

be

minimized.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 189

S.

No.

Medium

Environmental conditions

MBBL Ref.

Clause

2(d)

Low

flow

fixtures

and

sensors must be used to

promote water conservation.

2(e)

Separation of grey and black

water should be done by the

use of dual plumbing system.

3

Solid Waste

Management

Separate wet and dry bins

must be provided at the

ground level for facilitating

segregation of waste.

10.2.5 (b)

3(a)

All non-biodegradable waste

shall be handed over to

authorized recyclers which a

written tie-up must be done

with the authorized recyclers.

3(b)

Organic waste composter/

vermin culture pit with a

minimum capacity of 0.3

kg/tenement/day

must

be

installed wherein the STP

sludge may be use3d to be

converted to manure which

could be used at the site or

handed over to authorized

recyclers for which a written

tie-up must be done with the

authorized recyclers.

4

Energy

In common areas, LED/solar

lights must be provided.

10.2 (c)

4(a)

At least 1% of connected

applied load generated from

renewable

energy

source

such as photovoltaic cells or

10.2

190

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

S.

No.

Medium

Environmental conditions

MBBL Ref.

Clause

windmills or hybrid should

be provided.

4(b)

As per the provisions of the

Ministry

of

New

and

Renewable

energy

solar

water heater of minimum

capacity 10 litres/4 persons

(2.5 litres per capita) shall be

installed.

1-2.4-IV

4(c)

Use of fly ash bricks: Fly ash

should be used as building

material in the construction

as per the provisions of Fly

Ash

Notification

of

September, 1999 and as

amended from time to time.

10.2.6 (b)

4(d)

Use of concept of passive

solar design of buildings

using architectural design

approaches that minimize

energy

consumption

in

buildings

by

integrating

conventional energy-efficient

devices, such as mechanical

and electric pumps, fans,

lighting fixtures and other

equipment, with the passive

design elements, such as

building

orientation,

landscaping,

efficient

building

envelope,

appropriate

fenestration,

increased day lighting design

and thermal mass.

10.2(3)

4(e)

Optimize

use

of

energy

systems in buildings that

10.2 (3)

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 191

S.

No.

Medium

Environmental conditions

MBBL Ref.

Clause

should maintain a specific

indoor

environment

conducive to the functional

requirements of the building

by

following

mandatory

compliance measures (for all

applicable

buildings)

as

recommended in the Energy

Conservation Building Code

(ECBC) 2007 of the Bureau

of

Energy

Efficiency,

Government of India.

5

Air

Quality

and Noise

Dust,

smoke

and

debris

prevention measures such as

screens, barricading shall be

installed at the site during

construction.

Plastic/

tarpaulin sheet covers must

be used for trucks brining in

sand and material at the site.

_

5(a)

The exhaust pipe of the DG

set, if installed, must be

minimum 10m away from

the building. In case it is less

than 10m away, the exhaust

pipe shall be taken up to 3 m

above the building.

_

6

Green Cover

A minimum of 1 tree for

every 80 sq. m. of land shall

be planted and maintained.

The existing trees will be

counted for this purpose.

Preference should be given

to planting native species.

10.2.1 (i)

192

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

S.

No.

Medium

Environmental conditions

MBBL Ref.

Clause

6(a)

Where the trees need to be

cut, compensatory plantation

in the ratio of 1:3 (i.e.

planting of 3 trees for every

1 tree that is cut) shall be

done with the obligation to

provide

continued

maintenance

for

such

plantations.

10.2.1 (ii)

7

Sewage

Treatment

Plant

Sewage treatment plant with

capacity of treating 100%

wastewater shall be installed.

Treated

water

must

be

recycled for gardening and

flushing.

4.32.4

8

Environment

Management

Plan

The

environment

infra-

structure

like

Sewage

Treatment

Plant,

Lands-

caping, Rainwater Harvest-

ing,

Power

backup

for

environment, infra-structure,

Environment

Monitoring,

Solid Waste Management

and

Solar

and

Energy

conservation, should be kept

operational

through

Environment

Monitoring

Committee

with

defined

functions and responsibility.

-

(Source: Model Building Bye-laws 2016, Town and Country

Planning Organisation, Ministry of Urban Development (now

Ministry of Housing and Urban Affairs-MOHUA)

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 193

CHAPTER 14

GENERAL REFERENCES

14.1 Facilities for physically handicapped persons :

For

requirements

regarding

Facilities

for

Physically

Handicapped Persons, reference shall be made to part 3

Development Control Rules and General Building Requirements

of the National Building Code, 2016 or its latest version which

shall apply.

14.2

Fire and Life Safety :

For requirements regarding Fire and Life Safety for different

Occupancies, reference shall be made to part 4 Fire and Life

Safety of the National Building Code, 2016 or its latest version.

14.3

Design and Construction :

For requirements regarding structural design, reference shall be

made to part 6 Structural design of the National Building Code.

For requirements regarding construction (including management

and safety), reference shall be made to part 7 Construction

Management, Practices and safety ‘of the National Building

Code, 2016 or its latest version.

14.4

Building services

14.4.1 Lighting and Ventilation :

For requirements regarding Lighting and ventilations for

different uses and occupancies reference shall be made to part 8

“Building Services”, Section 1 “Lighting and Natural

Ventilation” of the National Building Code, 2016 or its latest

version.

14.4.2 Electrical and Allied Installations (Including Lighting

Protection of Buildings and Solar Energy Utilization) :

For requirements regarding Electrical Installations in Buildings

Including Lighting Protection of Buildings reference shall be

made to part 8 “Building Services” Section 2 Electrical and

Allied Installations of the National Building Code, 2016 or its

latest version.

194

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

14.4.3 Air Conditioning, Heating and Mechanical ventilation :

For requirements regarding design, construction and installation

of Air Conditioning, Heating and Mechanical ventilation

systems, reference shall be made to part 8 “Building Services”

Section 3 Air Conditioning, Heating and Mechanical ventilation

of the National Building Code, 2016 or its latest version.

14.4.4 Acoustics, Sound Insulation and Noise Control :

For requirements regarding the desired Noise levels and sound

Insulation in different occupancies reference shall be made to

part 8 “Building Services” Section 4 Acoustics, Sound Insulation

and Noise Control of the National Building Code, 2016 or its

latest version.

14.4.5 Installation of Lifts Escalators and Moving Walks :

Provision for Lifts shall be made for buildings 15 m. or more in

height For requirements regarding planning, designing and

installation etc. of Lifts Escalators, reference shall be made to

part 8 “Building Services” Section 5 Installation of Lifts

Escalators and Moving Walks of the National Building Code,

2016 or its latest version.

14.4.6 Information and Communication Enabled Installations :

For requirements regarding Information and Communication

Enabled Installations in Buildings reference shall be made to

Part 8 “Building Services” Section 6 Information and

Communication Enabled Installations of the National Building

Code, 2016 or its latest version.

14.5

Plumbing Services (Including Solid Waste Management) :

For requirements regarding water supply, drainage and

Sanitation, Solid Waste Management and gas supply reference

shall be made to part 9 “Plumbing Services (Including Solid

Waste Management)” of the National Building Code, 2016 or

its latest version.

14.6

Landscape Development :

For requirements regarding Landscape development, reference

shall be made to part 10 ‘Landscape Development and Sign and

outdoor display structures’ Section 1 Landscape Planning and

Development of the National Building Code, 2016 or its latest

version.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 195

14.7

Sign and outdoor display structures :

No advertising signs (including hoarding) on buildings or on

land shall be displayed without the prior approval of the

Authority. The standards specified in Section-2 of part 10 Signs

and outdoor display structures of National Building Code, 2016

or its latest version.

14.8

Sustainability :

For requirements regarding sustainable buildings and built

environment, reference shall be made to part 11 ‘Approach to

Sustainability’ of the National Building Code, 2016 or its latest

version.

14.9

Asset and Facility Management :

For requirements regarding Asset and Facility Management in

respect of Existing Buildings and services thereof, reference

shall be made to part 12 Asset and Facility Management of the

National Building Code, 2016 or its latest version.

14.10 Energy Conservation Building :

For requirements regarding Energy Conservation Building

guidelines reference shall be made to Energy Conservation

Building Code, 2017 or its latest version & the J&K UT ECBC

whenever framed.

Note:—Whenever an Indian Standard including those referred in

the National Building Code or the National Building

Code is referred; the latest revision of the same shall be

followed except specific criteria, if any, mentioned

above against that code.

14.11 Health Guidelines :

Refer guidelines issued by Department of Health, Family

Welfare and Medical Education, Government of Jammu and

Kashmir.

14.12 Education Guidelines :

Refer SRO-123 or latest guidelines issued by Department of

Education, Government of Jammu and Kashmir.

14.13 Sports Guidelines :

Refer

latest

guidelines

issued

by

Sports

Department,

Government of Jammu and Kashmir.

196

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

APPENDICES

Appendix “A”: Form for Application to Erect, Re-Erect or to make

Material Alteration in any place in a building

(To be submitted in duplicate)

To

Commissioner/Vice-Chairman/Secretary,

Development Authority/Municipal

Corporation/Council/Committee.

Sir,

I hereby give notice on behalf of Shri………………………….(owner)

that the owner intends to erect/demolish or make alteration in the

building number or to on/in Plot No…………………….………….

Block No…………………..House No……………………...situated at

……………………………………………...….Scheme...……………and

in accordance with the building Bye-Law No………………………and I

forward herewith, the following plans and specification duly signed by

me and by the owner :—

1.

Site plan

2.

Building Plan

3.

Service Plan

4.

Parking and circulation plan

5.

Landscape Plan

6.

General Specifications (in attached form)

7.

Ownership Title (Lease/Conveyance/Sale Deed, etc.)

8.

Other document, as required.

(ii) The building plan has been prepared strictly as per the

approved Building Bye-Laws and relevant IS Codes/provisions

of NBC. The construction shall be carried out in accordance

with the building plan and I shall be completely accountable for

any lapse on my part up to within 6 months after obtaining

completion certificate of the building.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 197

(iii) The Building permit fee as required under bye-laws has been

deposited vide receipt No……………dated.…………………

(Photocopy enclosed).

(iv) I am aware that in the event of building being constructed in

violation of the sanctioned building plan approval, the

Authority shall have the right to take action against me as it

may deem fit including referring the matter to concerned

professional and statutory councils for taking disciplinary

action against me.

……………………….........

Signature of the Owners

Name of the owner(s)

...................................................

Address of the owner(s)

.....................................................

……………………….........

Signature of Registered

Architect/Engineer/Supervisor

Registration No. of the

Architect/Engineer/Supervisor

....................................................

Address of the Architect/

Engineer/ Supervisor

....................................................

Encl. : As stated above.

Dated: ………………

———

198

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

Appendix “A-1”

Statement of the Proposal and Certificate

By the Owner and Registered Architect—

Classification of the Proposal…………………………………………

(To erect/re-erect/demolition)

Scheme/Colony……………...………Plot No.……….....………….…

Plot Area ……………………………. sq.m. size (in m)

Area Statement :

Description

Permissible

Proposed sq.m. Remarks sq.m.

Max. Ground

coverage

Basement

Ground Floor

First Floor

Second Floor

Third Floor

Total Floor area

Floor Area Ratio

No. of Dwelling

Units

Maximum height (in m) :

Setbacks

As per approved Layout

plan (m.)

Proposed

(m.)

Front

Rear

Left

Right

Parking Details :

Building Use

Parking Required as per

Building Bye law

Proposed

(m.)

Residential

Commercial

PSP

Other…

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 199

(ii) Fees and Charges :

(a) Building Permission Fess ……………..

(b) Infrastructure Development Fees……………..

(c) Additional Floor Space Fees ……………

(d) Any other (as applicable)…………………

Total Amount as per details above……………..

Receipt No….................................... Dated….................................

We hereby certify that—

1. The plot in question forms part of the approved layout plan and

its location size and area conform to the approved layout plan

and lease/sale deed/NOC of the lease Administration Branch of

concerned Development Authority.

2. Plot is lying vacant and no construction shall be started before

sanction.

3. The plot is free from all encumbrances (owner responsibility).

4. The period of construction valid up to ......................... As per

the lease condition/further extension of time for construction

granted by the lessor is valid up to ........................ Time

construction obtained from the lease Administration Branch,

Concerned Development Authority.

5. Size of each dwelling unit is not more than 300 sq.m.

Signature of Owner

Signature of Registered Architect

Name.....................................

Name...............................................

………………………………

Registration No. ………………….

Address………………………

Address…………………………..

……………………………….

……………………………………

Dated…………………………

……………………………………

Authority Letter

I hereby authorize Mr./Mrs............................................... to collect the

sanction whose signature is verified below: —

Specimen signature of the owner(s)/Registered Architect/Mr./

Mrs.....................................................................................................

Dated received........................................ Date ....................................

(Signature of authorized person/owner/Registered Architect)

Dated.................................. Remark, if any...............................

————

200

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

Appendix “A-2”

Form for Specifications of Proposed Building

The purpose (Residence, Office, Restaurant, Hotel, Dharmshala, School,

Hostel Cinema, Shop, Factory Others) for which it is intended to be

used……………………………………………………………………….

Table A-2: 1 Details of coverage on respective floor are given below:

S.

No.

Floor

Existing

(sq.m.)

Proposed

(sq.m.)

Total (sq.m.)

1.

Basement Floor

2.

Ground Floor

3.

Mezzanine Floor

4.

First Floor

5.

Second Floor

6.

Third floor

7.

………………..

(a) Approximate

number

of

in

habitants

proposed

to

be

accommodated……………………………………………………

(b) The number of latrines, Urinals, Kitchens, Baths to be

provided……………………………………………………………

(c) The source of water to be used in the construction..………

………………………………………………………………..……

..……………………………………

(d) Distance from public sewer………………………….………..…

(e) The materials to be used in construction Walls/Columns/

Foundations/Roof/Floors…………………………….…………….

Signature of Registered Architect/Engineer/Supervisor

Name………….……………………………………

Registration No……………………………………

Address………………………..……………… …..

……………………………….……………………

————

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 201

Appendix “A-3”

Form for Supervision

To

The Commissioner/Vice-Chairman/Secretary,

Development Authority/Municipal Corporation/Council/Committee.

Sir,

I hereby certify that erection/re-erection demolition or material

alteration in/of Building No…………………….on/in ……………….

Plot No………………….in Block No……………………… situated at

…………………………... scheme………...… shall be carried out under

my supervision and I certify that all the materials (type & Grade) and

workman ship of the work shall be generally in accordance with the

general specification submitted along with and the work shall be carried

out according to the sanctioned plans which also included the services

like drainage, sanitary, water supply, and electrical.

Signature of Registered Architect/Engineer/Supervisor

………………………………………………………….

Name of Registered Architect/Engineer/Supervisor

(In block letters) ………………………………...……....

Registration No. of Architect/Engineer/Supervisor

………………………………………………………

Address of Registered Architect/Engineer/Supervisor

……………………………………………………

Dated: …………………………

————

202

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

Appendix “A-4”

Undertaking for Payment of Other and Peripheral Charges

Note:—It should be on non-judicial stamp paper of specified

amount

attested

by

Notary

Public/First

Class

Magistrate.

Undertaking

I, ……………………………Son of Shri………………..………

aged………....Years residents of ……………..…………Owner of

Plot No.………………… in…………………...…..Co-operative

Housing Building Society Ltd………………............…hereby

under take to pay the balance of peripheral and other charges

as and when required by the concerned Authority and in this regard

Authority’s decision will be finally binding on me.

Executed by me as……………….on day of……………… 2004.

……………………………….

Executant

Witness :

1……………………………

2……………………………

————

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 203

Appendix “A-5”

Affidavit-cum-Undertaking

(Affidavit of Competent Professional on Rs. 2/- Non-Judicial

Stamp paper of specified amount to be attested by Notary

Public/Metropolitan Magistrate)

I, …………………………………son of…….………………………

Architect by profession having office at………………………… do

hereby solemnly affirm and declare as under:—

1.

That I am a Licensed Architect/Engineer/Supervisor/Plumber

duly

registered

with

the

Authority

vide

registration

No.……………………….……………

2.

That I have been engaged as a Competent Professional as per

Table 2—2: Procedure for Building Permission of Non-

Residential Use Building of the bye-laws for preparing the

building plans and to supervise construction in respect of Plot

No………...Block No………………… situated at……………

3.

That I have prepared the building plans in respect of the

aforesaid plot.

4.

That I have studied the layout plan of the colony and gone

through the instructions, policy decisions and other relevant

documents in respect of the plot and colony.

5.

That I have personally inspected the site. The plot under

proposal forms part of the approved layout plan with respect to

its location, size shape and area of the plot and proposed land use

is also in conformity with the approved layout plan. The plot has

been demarcated at site and the size, shape and area of plot

available at site tallies with the approved layout plan.

6.

That the ownership documents are in the shape of registered

sale deed/lease deed in favour of the applicants and have been

thoroughly examined and the ownership in favour of the

applicant is in order.

7.

That there is no construction inexistence at the plot and no

construction shall be started before sanction of the building

plans.

204

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

8.

That there is no encroachment on the Municipal land/road/other

property and road widths as shown in the layout plan are

available at site.

9.

That the proposal is in conformity with the terms and condition

of lease deed which is still valid and period of construction as

per lease deed and the extension granted by the lessor is valid up

to……………………………

10.

That the proposal has been prepared strictly in accordance

with the

Master Plan/Zonal Plan/Building Bye-Laws

rules regulation and practice of the department and no

misinterpretation on inference of provision of Building Bye-Law

has been done while preparing the plans. The construction shall

be carried out strictly in accordance with the sanctioned building

plans and in case any deviation is carried out, I shall inform the

concerned Authority within 48 hours.

11.

That in case the owner dispenses with my services at any stage

whatsoever, I shall inform the concerned Authority within 48

hours.

12.

That the size of each dwelling unit is not more than 300 sq. m.

13.

That mandatory setbacks have been proposed and shall be

maintained in accordance with the setbacks marked in the layout

plan/Master Plan/Zonal Plan/Building Bye-Laws.

14.

That before submission of the proposal, necessary information/

clarification have been obtained from the concerned department

of the concerned Authority. The plot is safe and is not affected in

any scheme or the road widening. Building activities for

residential use are allowed with number of storeys as per

approved layout plan.

15.

That no development/additional development/deficiency charges

are payable, against this plot (in case development/additional

development/deficiency charges are payable then its details be

given in the separate para).

16.

That no non-compoundable deviations shall be carried out

during the course of construction.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 205

17.

That nothing has been concealed and no misrepresentation has

been made while preparing and submitting the building plans.

18.

That in case anything contrary to the above is found or

established at any stage, the concerned Authority shall be at

liberty to take any action as it may deem fit including revocation

of sanction of building plans and debarring me for submission of

building plans with the Authority under the scheme and also

lodge a complaint with the Council of Architecture for

appropriate action.

Deponent.

Verification :

I the above-named deponent do hereby verify at ……………………

on this…………….of…………..20………that contents of the above

affidavit are true and correct to my knowledge. No part of it is false

and nothing has been concealed therefrom.

Deponent.

————

206

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

Appendix “A-6”

Building Permit/Sanction

File No………………… Dated………………………….

To

Subject :—Sanction under section……………… Dear Sir or Madam.

————

With reference to your application dated……………….. for the

grant of sanction to erect/re-erect/add to/alteration in the building to

carry out the development specified in the said application relating to

Plot No……………….…… Block No…………..……………situated in/

at……………………………………. I have to state that the Authority

subject to the following conditions and corrections done in the plans has

sanctioned the same on………………………………………….:—

1. The plans are valid up to ………………… day……………

months………. year ……………

2. The construction will be undertaken as per sanctioned plan only

and no deviation from the bye-laws will be permitted without

prior sanction. Any deviation done against the bye-laws is liable

to be demolished and the supervising Architect engaged on the

job will run the risk of being blacklisted.

3. Violation of Building Bye-Laws will not be compounded.

4. It will be the duty of the owner of the plot and the Architect

preparing the plans to ensure that the sanctioned plans are as per

prevalent Master Plan/Zonal Plan/Building Bye-Laws. If any

infringement of bye-laws remain unnoticed, the concerned

Authority reserves the right to amend the plans as and when

infringement come to the notice and concerned Authority will

stand indemnified against any claim on this account.

5. A notice in writing shall be sent to Authority before

commencement of the constructions of the building as per bye-

laws. Similar notice will be sent to Authority when the building

has reached up to plinth level.

6. The owner shall not occupy or permit to occupy the building or

use or permit to use the building or any part thereof affected by

any such work until Completion Certificate is issued by the

concerned Authority.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 207

7. Concerned Authority will stand indemnified and kept harmless

from all proceedings in court and before other authorities of all

expenses/claims which the concerned Authority may incur or

become liable to pay as a result or in consequences of the

sanction accorded by it to these building plans.

8. The doors and window leaves shall be fixed in such away that

they shall not, when open project on any street.

9. The owner will not convert the house into more dwelling units

on each floor then the sanctioned.

10. The building shall not be constructed within minimum distance

as specified in Indian Electricity Rules from voltage lines

running onside of the site.

11. The land left open as a consequence of the enforcement of the

setback rule shall form part of the public street.

12 The owner shall ensure that the public areas like road, parks and

other public opens spaces are not used for stacking the building

materials or machineries to avoid public inconvenience and

nuisance.

13. The sanction will be void if auxiliary conditions mentioned

above and other conditions whatsoever imposed are not

complied.

14. The owner will use the premises for the use, which has been

sanctioned.

15. The owner will not proceed with the construction without having

the supervision of an Architect/Engineer as the case may be. If

he/she changes his Architect/Engineer, he/she shall inform the

Authority about the appointment of new Architect/Engineer

within 48 hours, with a proper certificate from him.

Yours Faithfully.

For ……………………………

Encl. : A set of sanctioned plan.

————

208

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

Appendix “A-7”

Form for Refusal of Building Permit

To

File No…………………………….

Dated

………………………………

Sir.

With reference to your application No…………………….

dated……………….. for the grant of sanction for the erection

of building/execution of work in House No. ………….. Plot No.

………..Block

No……………………….Scheme………………

situated at…………………………….I have to inform you that

building

permit

under

relevant

provisions

of

the

Act

of…………………………. has been refused on………………………

on the following grounds :—

1.

2.

3.

4.

5.

Yours faithfully

For………………………..

Authority.

————

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 209

Appendix “A-8”

Form of Revalidation

File No. ……………………….

Dated………………….

Shri/Madam …………………………………

………………………………………………..

………………………………………………..

———

Subject :—Revalidation of Building Plans relating to plot

No………….Block No………. Scheme………………….

———

Dear Sir/Madam, Block No.

1.

With reference to your application dated…………on the

subject cited above, I am directed to inform you that your

building plan which were sanctioned on……………. vide

file No ………..................................…. have been revalidated

up to ……………………………

2.

Original sanctioned plan submitted by you is also returned

herewith.

3.

Please acknowledge receipt.

Yours Faithfully

For ……………………………

Authority.

Encl. : As above.

————

210

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

Appendix “A-9”

Information for Intimation of Completion of Work up to Plinth Level

To

The ………………………………

…………………………Authority.

Sir,

The construction up to plinth/column up to plinth level has been

completed in Building No……….……………………….. on/in

Plot No……………………..Scheme No…………….. Road/Street

……………………Ward……………………………in accordance

with your permission No………………..… dated………………..

under my supervision and in accordance with the sanctioned plan.

Yours faithfully

Signature of Licensed Architect/Engineer/Supervisor

Name…………………………….. (In Block letters)

Address:……………………………………………..

.……………………………………………………...

Date :…………….

————

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 211

Appendix “A-10”

Inspection Report

I, ………………………………working as a ……………………………

with …………… have carried out the inspection of Building No……….

on/in

Plot

No……………..

Scheme

No.……………….Road/

Street………………Ward..…………….. in accordance with permission

No………………...dated…………….….....The

following

deviation

from the sanctioned plans have been noticed which are against the

provision of Master Plan/Bye-Laws are of non-compoundable nature :—

Description of deviations noticed:…….…………………………………

………………………………………………………

………………………………………………………

………………………………………………………

You may not proceed with further work till such time the deviations

made are rectified and construction brought in conformity to sanction

plans.

Yours Faithfully

For…………………………………

…………………………………….

…………………………………….

BPIA

Office No……………………………..

Office Stamp………………………….

Date…………………………………...

————

212

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

Appendix “A-11”

Form of Notice of Completion

(To be submitted along with prescribed fee for notice of completion and

other relevant documents)

To

The ……………………………….

…………………………Authority.

Dear Sir,

I/we hereby give notice that I/we have completed the erection of

building/execution of the works in Plot No ………… Block No……….

Scheme…………………… situated at…...………………. in pursuance

of the sanction granted by the Authority vide File No………………

dated………………………I/we are enclosing all reports of the

Authority inspection carried out during construction period.

2. Permission to occupy or use the building may be granted.

Yours Faithfully

Signature of owner……………………

Name of owner ………………………

(In Block Letters)

Address of the owner …………………

…………………………………………

Dated :…………………..

Encl. : As above.

————

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 213

Appendix “A-12”

Form for Certificate of Architect/Engineer/Supervisor

(To be submitted along with notice of completion)

To

The ……………………………….

…………………………Authority.

Dear Sir,

We hereby certify that the erection, re-erection or material alteration in/at

building No………………………….. on in Plot No……...……………

Block No…………….Scheme…………….situated at……………...has

been supervised by me and has been completed on ……………….

according to the plans sanctioned, vide office communication

No………………. dated…………………..The work has been completed

to our best satisfaction, the workmanship and all the materials (type and

grade) have been used strictly in accordance with general and detailed

specifications. All the drainage/Sanitary/Water Supply work has been

executed under our supervision and as per Building Bye-Laws.

No provisions of the Building Bye-Laws and condition prescribed or

order issued there under have been transgressed in the course of the

work. The building is fit for use for which it has been erected/re-erected

or altered/constructed and enlarged.

2. Certificate:

(i)

Certified that the building(s) has been constructed according

to the sanctioned plan and structural design (one set of

structural drawings as executed is enclosed) which in

corporate the provisions of structural safety as specified in

relevant

prevailing

NBC

Part

6

and

IS

codes

standards/Guidelines.

(ii) Further certified that water harvesting as well as waste water

re-cycling systems have been provided as per the sanctioned

building plan.

(iii) It is also certified that construction has been done under our

supervision and guidelines and adheres to the drawings

submitted and the records of supervision have been

maintained by us.

214

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

3. Permission to occupy of use the building may be granted.

4. Any subsequent change from completion drawings will be the

responsibility of the owner(s)

(a)Signature of the owner

with date

Name in Block Letters

Address

(b)Signature of the Architect/ Engineer

with date

Name in Block letter, Licence No.

Address

(c) Signature of the Structural

Engineer with date (for

certificate 1)

(as defined in NBC of

India)

Name in Block Letters

(d)Signature of Supervisor/Engineer/

Group/Engineer with date

Name in Block letters, Licence No.

Address

Dated :………………………

————

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 215

Appendix “A-13”

Building Use Certificate

File No………………………...

Plan No……………………….. Dated :……………………….

Shri/Miss/Smt……………………….

………………………………………

Building Use Certificate

With reference to your notice of completion dated……………

I hereby certify that building as per description below certified plan at

Plot

No…………Block

No………Scheme…….……………………

situated at ……………………...………whose plans were sanctioned

vide No……………………has been inspected with reference to

Building Bye-Laws in respect to the structural safety, fire safety,

hygienic and sanitary conditions and proposed rainwater harvesting

systems inside and, in the surroundings, and is declared fit for occupation

and release of regular water and electricity connections. The description

of the construction work completed is given as under :—

Description of Construction Work Block-wise/Building-wise.

1. Block Building No.

2. Details of Completed Work floor-wise.

Commissioner of Authority.

————

216

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

Appendix “A-14”

Form of Rejection or Compliance in Respect of Completion Certificate

File No…………………………….

Dated:…………………………......

Sh./Smt…………………………………….

……………………………………………..

Subject :— Completion certificate in respect of Plot No…………………

————

Dear Sir/Madam,

(1)

With reference to your letter dated............................................

(2)

With reference to your notice of completion dated.......................

(3)

In

continuation

of

this

office

letter

of

even

No…………………..dated................on the subject noted above,

I am directed to inform you that your case has been examined

and Completion Certificate is rejected for the reasons as given

below :—

Yours faithfully

For…………………………….

………………………Authority.

1.

…………………………………..

2.

…………………………………..

3.

…………………………………..

4.

…………………………………..

———

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 217

Appendix “B”

Handing Over Land Required for Road Widening

Affidavit/Undertaking

(For Handing Over Land Required For Road Widening)

That I/we have submitted building plans for construction of building on

plot No.............. Block No.........................located at...........................to

the ..........................under Sanction..................... of the ....................Act

for favour of sanction.

I/we undertake to hand over the land required for road widening as

shown on site plan to concerned Authority free of cost as and when

asked by........................to do so.

I/we have already understood that the........................is granting sanction

on the basis of my undertaking.

If I/we fail to do so, the sanction so accorded shall be revoked and

construction done as consequence thereof shall be deemed to have done

unauthorizedly and shall be actionable u/s ..........................of the

............................Act.

Deponent.

Verification

I/we verify that the contents of the above undertaking are correct to the

best of my knowledge and belief and nothing material has been

concealed therefrom.

Deponent.

—————

218

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

Appendix “C”

Proforma to be submitted by the Owner

1.

Name, Status and Address of the applicant .

2.

Name of the Architect and address with Registration Number

with Council of Architecture.

3.

Details of the property/plot —

(a) Location.

(b) Boundaries.

(c) Area in sq.m. with dimensions (net plot area).

(d) Width of the roads.

4. Land use —

(a) Master Plan.

(b) Zonal Development Plan.

(c) Approved Layout Plan.

5. Title —

(a) Free Hold.

(b) Leasehold under notification for acquisition if lease hold

permission of less or for construction under the leasehold

condition obtained.

(c) Whether under acquisition, if so give details.

6. Whether the plot/land is affected under the Urban Land (Ceiling

and Regulation) Act, 1976. If so, copy of the NCO from the

concerned Authority be furnished.

7. Proposals—

(a) Land use .

(b) Coverage on each floor with proposed use of the floor

space including basement.

(c) FAR.

(d) Height.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 219

(e) No. of floors.

(f)

Envelope controls/setbacks.

(g) Parking norms.

Encl. :

1. Ownership title .

2. Permission to construct under the lease.

3. Permission under the Land Ceiling Act, 1976.

4. Site/Location Plan.

5. Tentative proposals to explain the scheme.

Signature of Architect

Name......................................

Reg. No.................................. Address.....................................

Signature of the owner

Name........................................ Address...................................

———

220

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

Appendix “D”

Penal Action for violation of provisions of Master Plan, Zonal Plans and

Building Bye-Laws.

(A) Non-Compoundable Items :

Any deviations except those set-in para “AA” hereunder, from the

maximum, minimum prescribed limits regarding—

1.

Coverage,

2.

F.A.R.,

3.

Setbacks,

4.

Open spaces,

5.

Total height of the building,

6.

No. of floors,

7.

No. of DUs and density,

8.

Parking norms,

9.

Light and Ventilation provisions,

10.

Land Use,

11.

Access road requirement,

12.

All other provisions of these Bye-laws except item given in

para ‘B’ below shall not be compounded/regularized and shall

have to rectified by altering/demolition at the risk and cost of

owner. Besides this any other action as per terms and

conditions of lease and provisions of Act shall proceed.

(A. A.) Compounding Excess Coverage/FAR :

1. Deviations in the coverage/FAR to the extent of 5% of the

permissible coverage/FAR or 13.5 sq.m. whichever is less in

building(s) use premises, other than building(s) use premises

where 100% ground coverage and fixed height is allowed as per

Architectural control forming part of comprehensive schemes

like District Centre, Community Centres, Cluster Court Housing

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 221

etc. may be compounded after levying penalty at the following

Rates:—

Rates of excess coverage/floor area:

Up to 5% of excess coverage/FAR a one-time compounding fee

equivalent to the land rated in the concerned locality applicable

at the time of the application for compounding.

2. For excess coverage/FAR for above 5%. Any excess coverage

above 5% or 13.5 sq.m whichever is applicable would be liable

to demolish to that extent.

3. Compounding at set back Infringements :

The infringements of the setbacks maximum to the extent of

30 cm (1 ft.) may be compounded by way of levying

compounding fee at the following rates :—

Infringements

Residential

Buildings

Non-Residential

Buildings

Up to 15 cm (6 inch)

Rs. 1000 per sq.m.

of area infringing

the set back

Rs. 2500 per sq.m.

of area infringing

the set back

Above 15 cm (6 inch) Rs. 2000 per sq.m

of area infringing

the set back

Rs. 5000 of area of

the infringing the

set back

(B. B.) Compoundable Items :

If a building or part thereof has been constructed unauthorized, i.e.

without obtaining the requisite building permit from the concerned

Authority as required under the Building Bye-Laws, the same shall be

compounded at the following rates provided the building or part thereof

so constructed otherwise conforms to the provisions contained in the

Building Bye-Laws and Master/Zonal Plan regulations. For this party

shall have to submit the request for building permit in the prescribed

procedure.

Rates:

(a) Rs. 50 per sq.m. of the covered area constructed unauthorized in

residential building up to 500 sq.m. Plot size.

(b) Rs. 100 per sq.m of the covered area constructed unauthorized in

the building categorized below:—

• All Govt. Public and Semi-Public and Utility Buildings.

• Religious, Institutional and Educational Buildings.

222

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

(c) Rs.

250

per

sq.m.

of

the

covered

area

constructed

unauthorizedly—

• Residential building above 500 sq.m. plot size, Group

Housing and Guest Houses.

• Industrial Buildings.

• Storage buildings (underground or above ground)

(d) Rs. 1000 per sq.m. of covered area constructed unauthorizedly—

• Cinema and Theatre Building.

• Petrol Pumps (Filling/Service Station).

• Hazardous Buildings.

• Commercial/Business Buildings.

1. The buildings not covered specifically under the above

categories shall be compounded as decided by the Authority,

considering merits of each individual case.

2. Items which are exempted from the calculations of the coverage

and FAR e.g. canopy, basement if used for parking and services,

loft, etc. but constructed unauthorizedly without obtaining prior

permission from the Authority, but within the permissible limits

shall also be compounded/regularized at the rate prescribed

above.

3. Deviations of the building Bye-laws other than specified in (A)

(Non-compoundable)

Deviation up to the maximum extent of 10% from the

maximum/minimum prescribed limit (as prescribed by the

building Bye-laws) shall be compounded at the following

rates :—

(a) In case of deviations of areas of various components of the

building, the rate of penalty will be @ Rs. 50/- per 1%

deviation.

(b) For deviations in terms of height the penalty shall be @

Rs. 50/- per 1% of deviation for every 10 sq.m. or part

thereof of the affected area.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 223

(c) Deviations from the prescribed limit of width, length,

penalty shall be @ Rs. 50/.—per 1% of the deviation for

every 10 sq.m. or part thereof of the affected area.

The Authority if satisfied that there are other deviations of

general nature, which are not described above, may fix

rates for compounding such deviations. However, there

shall be no further relaxation in FAR and coverage over

that permitted above.

Revision of all fees and charges under consideration for

compounding and regularization shall be revisited by the

Authority from time-to-time based on the Schedule of rates.

————

224

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

Appendix “E”

Technical Aspects and Options of Rainwater Harvesting in Built forms

and open spaces

Introduction

The storage of rainwater on surface is a traditional technique and

the structures used were underground tanks, ponds, check dams,

weirs etc. Recharge to ground water is a new concept of

rainwater harvesting and the structures generally used are :—

(a) Pits.—Recharge pits are constructed for recharging the shallow

aquifer. These are constructed 1 to 2m, wide and to 3m. deep

which are back filled with boulders, gravels, coarse sand.

(b) Trenches.—These are constructed when the permeable stream is

available at shallow depth. Trench may be 0.5 to 1m. wide, 1 to

1.5m deep and 10 to 20m long depending up availability of

water. These are back filled with filler materials.

(c) Dug wells.—Existing dug wells may be utilized as recharge

structure and water should pass through filter media before

putting into dug well.

(d) Hand pumps.—The existing hand pumps may be used for

recharging the shallow/deep aquifers, if the availability of water

is limited. Water should pass through filter media before

diverting it into hand pumps.

(e) Recharge wells.—Recharge wells of 100 to 300 mm. diameter

are generally constructed for recharging the deeper aquifers and

water is passed through filter media to avoid choking of recharge

wells.

(f) Recharge Shafts.—For recharging the shallow aquifer which

are located below clayey surface, recharge shafts of 0.5 to 3 m.

diameter and 10 to 15 m. deep are constructed and back filled

with boulders, gravels and coarse sand.

(g) Lateral shafts with bore-wells.—For recharging the upper as

well as deeper aquifers lateral shafts of 1.5 to 2 m. wide & 10 to

30 m. long depending upon availability of water with one or two

bore wells are constructed. The lateral shafts are back filled with

boulders, gravels and coarse sand.

(h) Spreading techniques.—When permeable strata start from top

then this technique is used. Spread the water in Streams/Nalas by

making check dams, nala bunds, cement plugs, gabion structures

or a percolation pond may be constructed.

———

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 225

Appendix “F”

Number and Type of Lifts Required for Different Occupancies and Space

for Electrical Installations

1. The number and type of lifts required depending on the capacity

of lift, desired speed nature of operation are as given in table

below:—

TableF-1: Number and types of lifts for non-residential

Multi-storeyed Building

Sl.

No.

No. of

floors

Capacity

of lifts in

person

Speed

m/s

No. of persons that can be carried by a lift

In 6 min

In 30 min.

In 50 min.

In 60 min.

Man-

ually

Oper-

ated

Auto-

matic

Man-

ually

Oper-

ated

Auto-

matic

Manu-

ally

Oper-

ated

Auto-

matic

Manu-

ally

Oper-

ated

Auto-

matic

1

2

3

4

5

6

7

8

9

10

11

12

1

7

6

0.6-0.75

17

-

102

-

170

-

204

-

2

7

8

0.6-0.75

22

-

132

-

220

-

-

-

3

7

10

0.6-0.75

26

-

156

-

260

-

312

-

4

7

10

1.0

30

-

180

-

300

-

360

-

5

7

13

1.0

37

-

122

--

370

-

444

-

6

11

6

0.6-0.75

11

-

70

-

115

-

140

-

7

11

8

0.6-0.75

15

-

90

-

150

-

180

-

8

11

10

0.6-0.75

18

-

108

-

180

-

216

-

9

11

13

0.6-0.75

22

-

132

-

220

-

264

-

10

11

10

0.6-0.75

21

-

126

-

210

-

252

-

11

11

10

1.5

24

-

144

-

240

-

288

-

12

11

13

1.5

28

-

156

-

260

-

312

-

13

11

13

1.5

32

-

180

-

300

-

-

-

14

16

10

1.0

17

-

100

126

170

210

-

252

15

16

13

1.5

20

24

120

145

200

240

248

290

16

16

13

1.5

23

30

138

180

230

300

-

360

17

16

16

1.5

25

33

150

198

250

330

300

356

18

21

10

1.5

18

32

108

132

180

220

214

264

19

21

13

1.5

21

26

126

156

210

250

250

312

20

21

14

1.5

23

28

138

168

230

280

-

-

226

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

Note-1:

(a) For all non-residential buildings, the traffic cleared in 50

minutes is considered adequate and is approved by

Authority. As such for calculation the number of lifts

required, the rate of the clearance of traffic in column 9

and 10 and the population may be taken into consideration.

(b) In addition to total number of lifts required as above,

provision of one lift of the same capacity may be

considered to serve as stand-by.

Note-2: The population may be worked out on the basis of useful

carpet area which the person occupy (excluding area of

Verandah, Lobbies, Halls, Passages, Lavatory blocks, etc.)

Note-3: The population on ground and first floor may not be taken

into consideration since these floors are not generally

served by lifts.

Note-4: 0.75 m per sec.

Equivalent to 150 ft. per Min

1.00 m per sec.

Equivalent to 200 ft. per Min.

1.5 m per sec.

Equivalent to 300 ft. per Min.

Note-5: The height of buildings for lift installation i.e. the travel on

the lift presumed in the above statements is as below:—

7 floors 21.0 m.

11 floors 33.0 m.

16 floors 48.0 m.

21 floors 64.0 m.

Table F-2: Number and types of lifts for Residential Building

Sl.

No.

No. of

Floors

No.

Passen-

ger unit

capacity

Persons

Speed in

m/s

Land-

ing

Gate

Type

Central

System

Service

Lift

No.

Capa-

city

Persons

Type

of

Gate

Cent-

ral Sys-

tem

1

2

3

4

5

6

7

8

9

10

11

1

5 to 8

2

6

0.0 to 0.5

*

Automatic

push button

operation

both from

car and

landing

-

-

-

Push

button

car

handle

switch

control

2

9 to 12

2

8

0.6 to 1

*

--do--

1

8

-

Push

button

car

handle

switch

control

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 227

1

2

3

4

5

6

7

8

9

10

11

3

11 to 13

2

1

8

6

0.6 to

0.74

*

Power

operat

ed

doors

--Do--and

without

collection

system

--do--

1

8

-

Push

button

car

handle

switch

control

4

13 to 19

2

2

8

8

1

1

-

Power

operat

ed

doors

--do--

1

8

-

Push

button

car

handle

switch

control

* For buildings more than 15 m. in height collapsible gates shall not

be permitted. [see bye-law No. 7.9.1(f)].

———

228

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

Appendix “F-1”

The dimensions and relevant information for lift installations like lift

well, pit depth, machine room, clearance from top floor landing to

machine room flooring is given in table below :—

TableF-3: Dimensions and required information for Lift

Installation in Building

Carry-

ing

Capa-

city of

lift

(per-

sons)

Num-

ber

Load

(kg)

Lift

Speed

Dimension

of Lift well

front depth

(In cm.)

(Cm)

Leading

Pit

Entrance

(Cm)

Dimension of

Machine Room

Clearance

from top

floor

landing to

machine

room

flooring

cm

Imposed

load in

tones on

top of lift

well due

to

installat-

ion. It

may be

noted that

figures do

not

include

weight of

the

machine

from

floors and

well, etc.

1

2

3

4

5

6

7

8

9

10

11

12

4

272

Up to &

including

1 m/s

175

115

70

140

230

275

245

450

6.5

6

408

--do--

195

135

80

140

230

335

275

450

7.0

8

544

Up to &

including

1 m/s

200

170

80

150

245

395

275

450

8.5

10

680

Up to &

including

1.5 m/s

225

170

90

150

245

395

305

470

10.5

13

884

--do--

235

188

90

150

245

425

335

470

13.0

16

1088

--do--

255

205

105

150

245

520

335

480

15.0

20

1360

--do--

255

220

105

150

245

520

335

480

15.0

Note:—

(i) All lift well dimensions are minimum clear finished plumb

requirements.

(ii) Where more than one lift is located in the lift well, extra width

of 10 cm. Separator beam should be provided.

(iii) 1 m/s = 200 ft./min.

(iv) The height. of landing entrance should be 210 cm. (about 7

ft.) for all lifts.

————

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 229

Appendix “G”

Guidelines for Mitigation of Effects of Electro Magnetic Radiation in

Built Spaces

Introduction

Electromagnetic radiations are energy waves having time varying

electric and magnetic fields at right angles to each other and are

predominantly used for wireless communication.

Although, Electromagnetic Fields (EMF) occur in nature and thus

have always been present on earth (Sun is the biggest source of

natural EMR), nevertheless their occurrence has become more

pronounced due to rapid advances of wireless technology in the

communication sector.

The twentieth century witnessed, steady rise of environmental

exposure to man-made sources of EMF due to increasing electricity

demand, ever-advancing wireless technologies and changes in work

practices and social behaviour. The unprecedented growth in

communication industry in recent years has also caused an

exponential rise in electromagnetic radiations in the envelopes

surrounding all living habitats.

Human beings are thus exposed to a complex mix of electric and

magnetic fields at many different frequencies, at home and at work.

EMF (Electro Magnetic fields) can be broadly divided into—

1. Low-frequency

electromagnetic

fields.—The

common

sources of which include power lines, household electrical

appliances, and

2. High frequency electromagnetic fields.—The main sources

of which are radar, radio and television broadcasting,

mobile telephones and their base stations, induction heaters

and anti-theft devices etc.

230

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

Given below is the chart of Electromagnetic spectrum which

highlights various ranges of frequencies and the equipment which

work in these ranges of frequencies:—

Figure G-1

Therefore, there is an urgent need to adopt precautions for living

beings from any effects of electromagnetic radiations at our work

places as well as at our living spaces.

Electromagnetic Radiations : Effects of Exposure :

The effects of electromagnetic radiation upon living cells, including

those on humans, depend upon the frequency as well as the

penetrating power of the radiation.

Initially, it was believed that low frequency fields were too weak to

cause heating to a significant level and thus do not have any

biological effect. There have been a number of epidemiological

studies for a relationship between cell phone use and consequent

health threats that have been largely inconclusive. Thus, it can be

concluded that their effect is not very prominent although significant.

However, there are sufficient evidences to suggest the existence of

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 231

complex biological effects of weaker non-thermal electromagnetic

fields, and modulated RF and microwave fields. World Health

Organization has classified radio frequency electromagnetic

radiation as a possible group 2b carcinogen (possible weaker

threats).

In case of low-frequency radiations (radio waves to visible light)

therefore, depending upon the power of the radiation heating effects

are caused due to absorption of radiation by the living cells. These

thermal effects increase with the frequency of radiation as

penetration of radiation into the organism increases (for example

microwaves penetrate more than infrared rays).

At higher frequencies (visible and beyond) however, the individual

photons of the radiation carry enough energy individually and thus

directly or indirectly can damage biological molecules. All

frequencies of UV radiation have therefore been classified as Group

1 carcinogens by the World Health Organization. In this context it is

a significant fact that Ultraviolet radiation from sun exposure is the

primary cause of skin cancer. Thus, at such frequencies

electromagnetic radiations cause much more damage to biological

systems than simple heating. This is most obvious for the “extreme”

Ultraviolet, X-ray and Gamma radiations, which are referred to as

ionizing radiations due to the ability of photons of this radiation to

produce ions and free radicals in materials which include living

tissues as well. Since such radiation can produce severe damage to

life at powers that produce very little heating, it is considered much

more dangerous than the rest of the electromagnetic spectrum.

Health risks from Electromagnetic radiations can be numerous

depending upon the power and frequency of radiations.

From the perspective of prevention of any health effects of Electro

Magnetic Radiations there is a need of suitable precautions, since it

is not possible to keep away from them owing to the advent of

wireless

communication

technology

which

is

based

upon

electromagnetic waves of higher frequencies besides many other

applications like microwave, remote controlled toys, cordless

phones, TV remotes, etc.

232

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

Guidelines for Buildings and Built forms mitigating effects of

EMR :

While planning a building or a residential complex/township, it is

most desirable to list all probable equipment/appliance emitting

Electromagnetic Radiations in order of ascending/descending

intensities. These should also be categorized as per indoor and

outdoor emissions. Their placement in the built space and

surroundings can then be decided based on certain premises.

The most fundamental principal in this regard is that the effect of

Electromagnetic Radiation decreases with increase in distance from

radiation emitting source. It is thus advisable—

•

To keep a safe distance from working electric and electronic

equipment.

•

Minimize the use of all equipment working on wireless

technology like cordless phones, Wi-Fi, Bluetooth and the

cell phones.

•

Disconnect electric and electronic equipment from the

power supply when not in use, especially in areas of

prolonged occupancy.

Further, the list of equipment/appliances generally used in and

around working/living space is placed below for appreciation of

EMR radiation:—

1.

RF Sources i.e. the transmitting towers such as AM/FM radio

towers, TV towers, cell phone towers transmitting EMR

continuously.

2.

Cell phone which is ON but not in use also radiates and Wi Fi

(Wireless Internet).

3.

Cordless phone.

4.

Wi-max.

5.

Other wireless devices.

6.

CFL (Compact Florescent Light) bulbs.

7.

Neighbouring EMR sources that are located next to shared

walls.

8.

Computers and laptops.

9.

Air conditioning systems.

10.

Refrigerators.

11.

Electrical heating systems/Microwave Ovens.

12.

Power generators and voltage converters.

13.

Stereo and home entertainment systems.

14.

Fans.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 233

This list is only indicative and not exhaustive and there can be

additions to it.

From the view point of effective communication, providing of

mobile towers in a township/office complex is an essential

requirement and thus should be carefully planned.

The mobile tower generates and transmits high frequency radiations;

so more care is needed for their placement. It should be ensured that

the building identified to mount the tower should be the tallest in the

vicinity and should not have adjoining buildings on which proposed

or existing habitable floors are within close-range.

OR

Mobile Tower should be mounted on the highest sanctioned building

in an area.

In regular practice that many cellular operators mount their antenna

on a single tower along with other operators which increase the

effects of EMR manifolds and should thus be avoided as far as

possible. Else height. of the tower should be increased.

Besides, Substation Equipment like Transformer, DG set etc. are also

to be provided for fulfilling the bulk power requirement of the

building and should be suitably placed for electrical safety as well as

for mitigating effects of EMR. However, as these are low frequency

devices, their placement is too decided more from electrical safety

point of view than EMR.

In addition, various light. sources inside the living/working spaces,

UPS, servers, various other equipment running on Wi-Fi may also

emit EMR. Hence their placement inside the building also needs

careful consideration.

Thus, in a built environment of considerable human occupancy,

following broad guidelines should be adopted for placement of utility

equipment/appliances serving the building as a whole :—

Equipment external to the building: Mobile Towers

234

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

Figure G-2

Location of communication towers is governed by radio frequency

system adopted and as far as possible cellular operator should try to

avoid residential areas. However, where it is not possible to avoid

these, they should request for permission from the appropriate

authority for installation on roof top of the tallest existing

buildings—

i. First preference should however, be given to the location of

tower in the commercial areas or other public areas.

ii. Where it is not possible to avoid the location of this tower

in residential, area possibility should be explored to locate

them in green belts within residential sectors or open

spaces/community buildings in the sectors.

Where it is not possible to find such suitable space mentioned at

Sr. No. (ii) above, tower should be permitted on the roof top of

residential buildings subject to the condition that a structural safety

certificate from a certified Structural Engineer has been obtained.

Such towers should not be permitted on occupied buildings, however

if inevitable, a Steel/Metal frame of 6 m. height over the roof level of

the last habitable floor of the building should be provided to

accommodate the tower and its associated units.

Structural stability of the said building should be calculated with the

overall loading of such metal steel frames mounted atop and

“Structural stability certificate” should be submitted by a registered

structural engineer with the application for the permission of

building (pre-design) or installation (post-design).

Transformers.—In addition to the fenced ionized area around a

transformer, neighbourhood level congregation activity areas should

not be planned/permitted within 3 m of the fence.

Diesel Generators.—The location of the Generator within the Plot

premises should not be adjacent to any habitable/community/

recreational activity within a radius of 3m.

Indoor equipment/Appliances:

Electrical Switchboards.—Unless otherwise amended by Barrier-

free access regulations to such fixtures, they should be mounted as

per existing stipulations laid down in CPWD General Specifications

for Electrical Works-Part I Internal 2013.

No. 36-1]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 235

Wireless Routers.— Within the housing unit, the vertical mounting

height of the router should be not less than 4 feet and should be kept

in the Drawing/Dining zone and not within the zones of longer

period of occupancy e.g. Bedrooms.

In non-residential units i.e. office spaces these routers should be kept

as much away as possible and should be switched off when not in

use.

Figure G-3

Server Room.—Occupied Work-stations should be at least 5 m

away from the server room or associated equipment. If people are

sitting in the same room, they must wear protective gear and should

not have prolonged exposure.

Computer.—Should be placed in the most isolated place in a

dwelling unit, while in an office space, it should not be less than 2.5

feet away from the person using it.

UPS.—Should also be placed in the most isolated place in a dwelling

unit, while in an office space it should not be less than 2.5 feet away

from the person using it.

Mobile Phone.—It usually remains with the user all the time. The

only time it is kept away is when it is being charged. Thus mobile

should be charged from a remotely located power point. It is thus

preferable to provide a charging station in almost every

working/living space at a location, as far as permissible from living

space considerations.

Light sources.—Usually, sun as a source of natural light is the

biggest source of electromagnetic radiations. However, the

atmosphere surrounding us provides a natural shield from

electromagnetic radiations. In this context, the light sources used

inside a living/working space should be given careful consideration

236

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-1

from the point of view of Electromagnetic Radiations. Many

luminaries available presently, like Fluorescent tubes, compact

fluorescent lamps, LED lights etc. are used in working/living spaces.

So, their use should not only be determined from the point of view of

energy conservation but also from the point of view of

Electromagnetic Radiations. For this purpose, recommendations of

the manufacturers should serve as proper guidelines—

Table G—1: below summarizes appropriate placement of

equipment’s/appliances in the built environment:—

Sr.

No

Equipment

Minimum safe distance

1.

Mobile Towers

6 m height over the roof level of the last

habitable floor of the building.

2.

Transformers

3 m

3.

Electrical Switchboards No Change

4.

Wireless Routers

4 feet (1.2 m)

5.

Server Room

5 m

6.

UPS

2.5 feet (0.75 m)

7.

Diesel Generators

Radius of 3 m

8.

Mobile Phone

2 feet (0.6 m)

9.

Computer

2.5 feet (0.75 m)

10. Laptop

2.5 feet (0.75 m)

11. UPS

2.5 feet (0.75 m)

12. Wireless Router modem 4 feet (1.2 m)

13. Server room

5 m away from workstations

Note:—Intensity of Electromagnetic Radiations decreases with

increase in distance from the radiation source. So as to

minimize exposure maximum possible distance should be

kept.

EXTRAORDINARY

REGD NO. JK-33

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

—————————————————————————————————

Vol. 134] Jammu, Fri., the 14th Jan., 2022/24th Pausa., 1943. [No. 42-2

—————————————————————————————————

Separate paging is given to this part in order that it may be filed

as a separate compilation.

—————————————————————————————————

PART III

Laws, Regulations and Rules passed thereunder.

————

JAMMU AND KASHMIR UNIFIED

BUILDING BYE-LAWS, 2021,

No. HUD-LSGOJMC/56/2021-01(C.No. 16560) Dated 09-10-2021

Housing and Urban Development Department

GOVERNMENT OF JAMMU AND KASHMIR (UT)

And

SRINAGAR MUNICIPAL CORPORATION

Notification No. 02 of 2021

Dated 03−11−2021.

CHAPTER 1

PRELIMINARY

1.1 Title, commencement and application.—

These building Bye-Laws may be called the Jammu and Kashmir

Unified Building Bye-Laws, 2021. They shall come into force from

2

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

the date of their final publication in the Official Gazette in the

manner prescribed by the Competent Authority.

All mandatory Master Plan or Zonal Regulations regarding use,

land use, including modification therein made from time to time

shall be applicable mutatis mutandis in these Bye-laws under this

clause. All amendments or modifications made in the aforesaid

regulations shall automatically stand deemed to have been included

as part of these Bye-laws.

1.2

Definitions.—

In these Bye-laws, unless the context otherwise required the

definition given shall have the meaning indicated against each

term:—

1)

Advertising Sign.—Any surface or structure with

characters, letters or illustrations applied there to and

displayed in any manner whatsoever out of door for the

purpose of advertising or giving information regarding or to

attract the public to any place, person, public performance,

article, or merchandise and which surface or structure is

attached to, from part of, or is connected with any building

or is fixed to a tree or to the ground or to any pole screen,

fence or hoarding or displayed in space, or in or over any

water body included in the jurisdiction of the concerned

Authority.

2)

Alley—means a public thoroughfare which affords only a

secondary means of access to abutting property and not

intended for general traffic circulation.

3)

Apartment.—The building will be called apartment house

when the building is arranged/intended/designed to be

occupied by the families independent of each other and

with independent cooking facility for the purpose of

sale/lease/rent to person.

4)

Access.—A clear approach to a plot or a building.

5)

Alteration.—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 wall, partition, column, beam, joist, floor

(including a mezzanine floor) or other support, or a change

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

3

to or closing of any required means of ingress or egress or a

change to the fixtures or equipment.

6)

Approved.—Approved

by

the

Authority

having

jurisdiction.

7)

Air-Conditioning.—A process of treating air to control

simultaneously its temperature, humidity, cleanliness, and

distribution to meet the requirement of an enclosed space.

8)

Authority Having Jurisdiction.—The Authority which

has been created by a statute and which for the purpose of

administering the Bye-laws/part may authorize committee

or an official to act on its behalf; hereinafter called the

‘Authority’.

9)

Balcony.—A

horizontal

projection,

cantilevered

or

otherwise including a parapet handrail balustrade, to serve

as a passage or sitting out place.

10) Basement or Cellar.—The lower story of a building

below, or partly below the ground level.

11) BPIA (Building Permit Issuing Authority).—The officer

notified by the Urban Local Body or Urban Local

Authority for issuing the Building Permits.

12) Building.—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, floors roofs, chimneys, plumbing

and building services, fixed platforms, varanda, 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.

Tents, Shamianahs, tarpaulin shelters, etc., erected for

temporary and ceremonial occasions with the permission of

the Authority shall not be considered as building.

13) Building Line.—The line up to which the plinth of

building adjoining a street or an extension of a street or on

a future street or a water channel may lawfully extend and

includes the lines prescribed, if any, in any scheme and/or

development plan.

The Build-to-Line shall be considered as the imaginary line

formed after leaving the front (Roadside Setback/Setback)

as governed by the road width.

4

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

Building line shall be measured from the centre of median

or centre of carriageway for established roads and the

centre of RoW for other roads.

14) Building Height.—The vertical distance measured—

a. In the case of flat roofs from the average level

surrounding ground and continuance to the highest

point of the building.

b. In case of pitched roofs up to the point where the

external surface of the outer wall intersects the

finished surface of the sloping roof.

c. In the case of gables facing the road, the midpoint

between the eaves level and the ridge. Architectural

features serving no other function except that of

decoration shall be excluded for the purpose of

taking heights.

15) Building Envelope.—The horizontal spatial limits up to

which a building may be permitted to be constructed on a

plot.

16) Building setback—means the distance by which any

building or structure shall be separated from the

corresponding boundary lines of the plot.

17) Built up Area—means area covered immediately above

the plinth level and the external area of upper floor.

18) Canopy—shall mean a cantilevered projection from the

face of the wall over an entry to the building at the lintel

level provided that :

a.

It shall not project beyond the plot line.

b.

It shall not be lower than 2.3 metres or 7/-6// when

measured from the ground.

c.

There shall be no structure on it and the top shall

remain open to sky.

19) Carpet Area.—The covered area of the usable rooms at

any floor level (excluding the area of the wall).

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

5

20) Chajja.—A sloping or horizontal structural overhang

provided over openings on external walls for protection

from the weather.

21) Cabin.—A non-residential enclosure constructed of non-

load bearing partitions.

22) Chimney.—A construction by means of which a flue is

formed for the purpose of carrying products of combustion

to the open air and includes a chimney stack and the flue

pipe.

23) Ceiling height—means the vertical distance between the

floor and the ceiling, where a finished ceiling is not

provided, the underside of the joists or top of post plate in

case of pitched roof shall determine the upper point of

measurement.

24) Commercial Building—means a building used as shop,

store, market, money transaction, sale and purchase of

goods either wholesale or retail, storage, godown or any

other activities carried in furtherance of trade and

commerce.

25) Competent Authority.—The Administrative Secretary,

Housing and Urban Development Department shall be the

Competent Authority.

26) Clinic—means a premise with facilities for treatment of

outdoor patients by a doctor.

27) Courtyard.—A space permanently open to sky, enclosed

fully or partially by buildings and may be at ground level or

any other level within or adjacent to a building.

28) Cornice—means a sloping or horizontal structural

overhang usually provided over openings or external walls

to provide protection from sun and rain.

29) Cluster.—Plots or dwelling units or housing grouped

around an open space ideally housing cluster should not be

very large. In ground and one storeyed structure not more

than 20 houses should be grouped in a cluster. Clusters

with more dwelling units will create problems in identity,

encroachments and of maintenance.

6

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

30) Covered Area.—Ground area covered by the building

immediately above the plinth level. The area covered by the

following in the open spaces is excluded from covered area.

Garden, rockery, well and well structures, plant nursery,

water pool, swimming pool (if uncovered), platform round

a tree, tank, fountain, bench, Chabutra with open top and

unenclosed on sides by walls and the like; Drainage culvert

conduit, catch-pit, gully pit, chamber, gutter and the like;

Compound wall, gate, unstoreyed porch and portico,

canopy, slide, swing, uncovered staircase, ramps areas

covered by Chhajja and the like; and Watchmen’s booth,

pump house, garbage shaft, electric cabin or sub-stations,

and such other utility structures meant for the services of

the building under consideration.

Note:−For the purpose of this Part, covered area equals the plot

area minus the area due for open spaces.

31) ‘Cul-de-Sac’ Cluster.—Plots/dwelling units when located

along a pedestrianized or vehicular 'cul-de-sac’ road.

32) Day/s.—Working day of the BPIA.

33) Density.—The residential density expressed in terms of the

number of dwelling units per hectare.

Note:−Where such densities are expressed exclusive of

community facilities and provision of open spaces and

major roads (excluding incidental open spaces), these will

be net residential densities. Where these densities are

expressed taking into consideration the required open

space provision and community facilities and major

roads. These would be gross residential densities at

neighbourhood level. Sector level or town level, as the

case may be. The provision of open spaces and community

facilities will depend on the size of the residential

community. Incidental open spaces are mainly open

spaces required to be left around and in between two

buildings to provide lighting and ventilation.

34) Designated Persons.—The person notified by the Urban

Local body or Urban Local Authority for the receipt of

documentations and clearances on behalf of ULB/ULA.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

7

35) Detached Building.—A building detached on all sides.

36) Development.—‘Development’

with

grammatical

variations means the carrying out of building, engineering,

mining or other operations, in, or over, or under land or

water, on the making of any material change, in any

building or land, or in the use of any building, land, and

includes redevelopment and layout and sub-division of any

land; and to develop shall be construed accordingly.

37) Drain.—A conduit, channel or pipe for the carriage of

storm water, sewage, waste water or other water borne

wastes in a building drainage system.

38) Drainage.—The removal of any liquid by a system

constructed for the purpose.

39) Dwelling.—Is a building designed or used to be used for

residential purposes. Dwelling shall not include boarding or

rooming houses, tents, tourist camps, hotels, guesthouses,

or other structure used for transit residents like pilgrims,

tourists, specialized terms etc.

40) Dwelling Unit/Tenement.—An independent housing unit

with separate facilities for living, cooking and sanitary

requirements.

41) Escalator.—A power driven, inclined, continuous moving

stairway used for raising or lowering passengers.

42) Exit.—A passage, channel or means of egress from any

building, storey or floor area to a street or other open space

of safety.

43) Enclosed Staircase—means a staircase separated by fire

resistant walls and doors from the rest of the building.

44) Erection—means to construct for the first time or to

construct existing building after demolition or to add

another storey over the existing one according to some pre

or revised plans.

45) Fire and/or Emergency Alarm System—means an

arrangement of call points or detectors, sounders and other

equipment for the transmission and indication of alarm

signals working automatically or manually in the event of

fire.

8

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

46) Fire Pump—means a machine, driven by external power

for transmission energy to fluids by coupling the pump to a

suitable engine or motor, which may have varying

outputs/capacity but shall be capable of having a pressure

of 3.2 Kg/cm2 at the topmost level of multi-storey or high

rise building.

47) Fire Service Inlet—means a connection provided at the

base of a building for pumping up the water through in-

built fire-fighting arrangements by fire service pumps in

accordance, with the recommendation of the Chief Fire

Officer.

48) Filling station—means an area of land including any

structures thereon that is or are used or designed to be used

for the supply of gasoline or oil or fuel for the propulsion of

vehicles. For the purpose of these building regulations

these shall be deemed to be included within this term, any

area or structure used designed to be used for polishing,

greasing, and washing, spraying or otherwise cleaning or

servicing such motor vehicles.

49) Fire Hazard Industries.—

i)

“Low

Fire

Hazard

Industries”

include

engineering

industries

using/processing

or

assembling non-combustible materials i. e. lathe

machines, steel works, steel components etc.

ii)

“Moderate Fire Hazard Industries” industries

include

using/processing

or

assembling

combustible materials but not flammable liquid

etc., i. e. plastic industries, rubber and PVS

industries, textile paper, furniture flour mills etc.

iii)

“High

Fire

Hazard

Industries”

includes

industries using/processing flammable liquids,

gases, chemicals petroleum products, plastic or

thermo setting group etc.

50) Floor.—The lower surface in a storey on which one

normally walks in a building. The general term ‘floor'

unless specifically mentioned otherwise shall not refer to a

‘mezzanine floor’.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

9

51) Floor Area Ratio (FAR).—The quotient of the ratio of the

combined covered area of all floors, excepting areas

specifically exempted under these regulations, to the total

area of plot viz. :

Floor Area Ratio (FAR)=

       

 

52) Foundation.—This part of the structure, which is in direct

contact with ground and transmits load over it.

53) Gallery.—An immediate floor or platform projecting from

a wall or an auditorium or a hall providing etc. floor area

and additional seating accommodation and includes the

structures provided for seating in stadia.

54) Govt. Approved Colony.—A colony planned and

developed by developers and approved by urban local

bodies, development authorities, housing board or other

Govt. agencies.

55) Govt. Colony.—A colony planned and developed by

urban local bodies, development authorities, housing board

or other Govt. agencies.

56) Group Housing.—Housing for more than one dwelling

unit, where land is owned jointly (as in the case of

cooperative societies or the public agencies, such as local

authorities or housing boards, etc.) and the construction is

undertaken by one Agency.

57) Guest House.—A guest house shall have separate sleeping

accommodation on transient or permanent basis with or

without dining facilities for not more than 24 persons at a

time.

58) Habitable Room.—A room occupied or designed for

occupancy by one or more persons for study, living,

sleeping, eating, and kitchen if it is used as a living room,

but not including bathrooms, water-closet compartments,

laundries, serving and store pantries, corridors, cellars,

attics, and spaces that are not used frequently or during

extended periods.

10

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

59) Hazardous Buildings.—

(a)

Storage, handling, manufacture of processing of

radioactive substances or highly combustible or

explosive materials or of products which are liable

to burn with extreme rapidity and/or producing

poisonous fumes or explosive emanations.

(b)

Storage, handling, manufacture, or processing of

which involves highly corrosive, toxic or noxious

alkalis, acids, or other liquids, gases or chemicals

producing flame, fumes and explosive mixtures etc.

or which result in division of matter into fine

particles capable of spontaneous ignition.

60) Heritage Building—means any building of one or more

premises or any part thereof which requires preservation,

restoration, and conservation for historical, architectural,

environmental, cultural or religious purpose and includes

such portion of the land adjoining such buildings as may be

required.

61) Heritage Zone—means the area around such heritage

building as delineated under Jammu and Kashmir Heritage

and Conservation and Preservation Act, 2010 from time to

time for restricting the height of building and use of

building. The areas coming under different ASI sites

including the buffers will also be treated as heritage zone.

62) Hotel.—These shall include any building or group of

buildings under single management, in which sleeping

accommodation is provided, with or without dining

facilities.

63) Interlocking Cluster.—Clusters when joined at back and

on sides with at least one side of a cluster common and

having some dwelling units opening onto or having access

from the adjacent clusters. Dwelling units in such clusters

should have at least two sides open to external open space.

Houses in an interlocking cluster may have access,

ventilation and light from the adjacent cluster and should

also cater for future growth.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

11

64) Industrial Building—means a building, which is wholly

or

predominantly

used

as

a

warehouse

or

for

manufacturing/assembling, processing activity or distillery.

65) Ledge or Taakh.—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 1m.

66) Lift.—A mechanically guided car, platform for transport of

persons and materials between two or more levels in a

vertical or substantially vertical direction.

67) Loft.—An intermediate floor between two floors or a

residual space in a pitched roof above normal level

constructed for storage with maximum clear height of

1.5 m.

68) Master Plan.—A Master Plan for town approve by the

Government.

69) Mezzanine

Floor.—An

intermediate

floor

(having

minimum height of 2.2 m) between two floors of any storey

forming an integral part of floor below. Mezzanine Floor

shall be counted in FAR.

70) Mumty or Stair cover.—A structure with a covering roof

over a staircase and its landing built to enclose only the

stairs for the purpose of providing protection from weather

and not used for human habitation.

71) Non-conforming use/building.—It is a building, structure

or use of land existing at the time of commencement of the

zoning regulations and which does not conform to the

regulations pertaining to the zone in which it is situated.

72) Occupancy or Use.—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.

12

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

73) Open Space.—An area forming an integral part of the plot,

left open to the sky.

Note:—The open space shall be the minimum distance measured

between the front, rear and side of the building and the

respective plot boundaries.

74) Open Space, Front.—An open space across the front of a

plot between the building line and front boundary of the

plot.

75) Open Space, Rear.—An open space across the rear of a

plot between the rear of the building and the rear boundary

of the plot.

76) Open Space, Side.—An open space across the side of the

plot between the side of the building and the side boundary

of the plot.

77) Owner.—A person, a group of persons or a body having a

legal interest in land and/or building thereon. This includes

free holders, leaseholders or those holding a sublease, who

will have a legal right to occupation and have liabilities in

respect of safety or building condition. In case of lease or

sublease holders, as far as ownership with respect to the

structure is concerned, the structure of a flat or structure on

a plot belongs to the allotted/lessee till the allotment/lease

subsists.

Note:—For the purpose of this document, the word 'owner' will

also cover the generally understood terms like ‘client’,

‘user ', etc.

78) Parapet.—A low wall or railing built along the edge of a

roof or a floor.

79) Parking Space.—An enclosed or unenclosed covered or

open area sufficient on size to park vehicles. Parking spaces

shall be served by a driveway connecting them with a street

or alley and permitting ingress and egress of the vehicles.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

13

80) Pathological

laboratories—means

a

premise

with

facilities for carrying out various tests for the confirmation

of symptoms of a disease.

81) Plinth.—The portion of a structure between the surface of

the surrounding ground and surface of the floor

immediately above the ground.

82) Plinth Area.—The built-up covered area measured at the

floor level of the basement or of any storey.

83) Porch.—A covered surface supported on pillars otherwise

for the purpose of a pedestrian or vehicular approach to a

building.

84) Polyclinic—means an institution where patients are

clinically examined by one or more doctors for treatment of

disease and where patients are treated but not admitted as

indoor patients as is the case with hospitals and nursing

homes. It can have basic diagnostic facilities.

85) Public Building—means a building owned or used by

Govt. or Semi-Govt. Authority, Public Registered Trust or

such board/foundation which runs and manages charitable

institution like hospitals, educational institutions and

religious institutions. It shall also include places of

Worship like Mosque, Temple, Gurudwara, Church etc.

86) Plans—means a detailed sub-division plan indicating size

and arrangement of all premises uses.

87) Plot.—A piece of land occupied or intend to be occupied

for occupancy by a main building with its accessory

buildings and uses incidental to it.

88) Plot Width.—The shorter the distance from one side of the

plot line to the other measured through that part of the plot

to be occupied by the building.

89) Room Height.—The vertical distance measured from the

finished floor surface to the finished ceiling surface. Where

a finished ceiling is not provided, the underside of the joists

or beams or tie beams shall determine the upper point of

measurement.

14

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

90) RoW Housing/RoW Type Building.—A row of buildings,

with only front, rear and interior open spaces, where

applicable.

91) RoW-Right of Way.—The RoW is the width of land area

acquired for the construction of the roadway. This includes,

carriageway, footpath, service roads, utility area, buffer,

shoulders, and area for future expansions of road.

92) Residential Building—means a building used for human

habitation and includes all garages, stables or other

building apartment/hostels thereto.

93) Registered Technical Personnel (RTP)—will mean

qualified person/persons as Architect/Engineer/Planner/

Group

of

Technical

Personnel/Supervisor/Plumber/

Electrician who has been enrolled/licensed by the

BPIA/accreditation board.

94) Required open space.—The space between the plot lines

and the minimum building set back lines.

95) Semi-Detached Building.—A building detached on three

sides.

96) Service Road/Lane.—A road/lane provided adjacent to a

plot(s) for access or service purposes as the case may be.

97) Set-back Line.—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 plot

boundaries.

98) Site (Plot).—A parcel (piece) of land enclosed by definite

boundaries.

99) Site, Corner.—A site at the junctions of and fronting on

two or more intersecting streets.

100) Site, Depth of.—The mean horizontal distance between

the front and rear site boundaries.

101) Stair cover or Mumty.—A structure with a roof over a

staircase and its landing built to enclose only the stairs for

the purpose of providing protection from weather and not

used for human habitation.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

15

102) Storey.—The portion of a building included between the

surface of any floor and the surface of the floor next

above it, or if there can be no floor above it, then the

space between any floor and the ceiling next above it.

103) Storey, Topmost.—The uppermost storey in a building

whether constructed wholly or partly on the roof.

104) Street/Road.—Any means of access, namely, highway,

street, lane, pathway, alley, stairway, passageway,

carriageway, footway, square, place or bridge, whether

thoroughfare or not, over which the public have a right of

passage or access or have passed and had access

uninterruptedly for a specified period, whether existing or

proposed in any scheme, and includes all bunds, channels,

ditches, storm-water drains, culverts, footpaths, sidewalks,

traffic islands, roadside trees and hedges, retaining walls,

fences, barriers and railings within the street lines.

105) Street Level or Grade.—The officially established

elevation or grade of the central line of the street upon

which a plot fronts and if there is no officially established

grade, the existing grade of the street at its mid-point.

106) Street Line .—The line defining the side limits of a street.

107) To Erect.—To erect a building means,—

a.

To erect a new building on any site whether

previously built upon or not ; and

b.

To re-erect any building of which portions above the

plinth level have been pull down, burnt or destroyed.

108) Urban Local Authority (ULA).—All local authorities

constituted under J&K Development Act, 1970 and

controlled

by

Housing

and

Urban

Development

Department.

109) Urban Local Body (ULB).—All municipal corporations,

municipal councils and municipal committees constituted

under J&K Municipal Corporation Act, 2000 and J&K

Municipal Act, 2000 shall be deemed to be urban local

body.

16

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

110) Verandah.—A covered area with at least one side open to

the outside with the exception of l m high parapet on the

upper floors to be provided on the open side.

111) Ventilation—shall mean the supply of outside air into a

building through window or other openings due to wind

outside and convection effects arising from temperature,

or vapour pressure differences (or both) between inside

and outside of the building.

112) Water Closet (W.C.).—A water flushed plumbing fixture

designed to receive human excrement directly from the

user of the fixture. The term is used sometimes to

designate the room or compartment in which the fixture is

placed.

113) Window.—An opening to the outside other than a door,

which provides all or part of the required natural light or

ventilation of both to an interior space and not used as a

means of egress/ingress.

114) Warehouse—means a building, the whole or substantial

part of which is used or intended to be used for the storage

of goods but does not include a store room attached to and

used for the proper functioning of a shop.

115) Workshop—means a building where not more than ten

persons are employed in any repair/servicing or

manufacturing process.

116) Zonal plan.—A plan detailing out the proposals of

Master Plan and acting as a link between Master Plan and

the layout plan. It may contain a site plan and land use

plan, with approximate location and extent of land uses.

Such as public and semi-public buildings/works utilities,

roads, housing, recreation, industry, business, markets,

schools, hospitals, open spaces etc. It may also specify

standards of population density and various components

of development of the zone.

117) Zone—means any division in which local areas is divided

for purpose of development.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

17

CHAPTER 2

JURISIDICTION, APPLICABILITY AND PROCEDURE FOR

OBTAINING BUILDING PERMISSION AND SANCTIONING

BUILDING PLAN

2.1 Jurisdiction of Building Bye-laws :

These Building Bye-laws shall apply to the building activity in the

Union Territory of Jammu and Kashmir for all urban local bodies,

urban

development

authorities

and

metropolitan

regional

development authorities.

2.2 Applicability of Building Bye-laws :

These building Bye-laws shall be applicable to all building

activities undertaken by private or Government agencies and shall

be read in conjunction with the Master Plan/Zonal Development

Plan or any other statutory plan in force, if any, and notifications, if

any, about the same and as amended from time to time and these

building Bye-laws may be reviewed after five years.

2.3 Applicability of Bye-laws for all types of building developments

and part construction :

Except hereinafter or otherwise provided, these Bye-laws shall

apply to all development, redevelopment, erection and/or re-

erection of a building whether temporary or permanent as well as to

the design, construction of, or reconstruction and additions and

alterations to a building.

i.

Applicability of Bye-laws for Part construction :

Where the whole or part of a building is demolished or altered

or reconstructed, except where otherwise specifically

stipulated, these Building Bye-laws shall apply to the whole

building whether existing or new.

ii.

Change of use/Occupancy :

Where the use of a building is changed, except where

otherwise specifically stipulated, these Building Bye-laws

shall apply to all parts of the building affected by the change.

iii.

Reconstruction :

The reconstruction in whole or part of a building which has

ceased to operate due to fire, natural collapse or demolition

18

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

having been declared unsafe, or which is likely to be

demolished by or under an order of the Authority as the case

may be and for which the necessary certificate has been given

by the Authority.

2.4 Existing approved building :

Nothing in these Bye-laws shall require the removal, alteration, or

abandonment, nor prevent continuance of the lawfully established

use or occupancy of an existing approved building unless, in the

opinion of the Authority such a building is unsafe or constitutes a

hazard to the safety of adjacent property or to the occupants of the

building itself.

2.5 Building Permit Required :

No person shall undertake any building operation/construction

without obtaining a valid Building Permit prior to commencement

of such activity. Issuance of a Building Permit by the BPIA shall

mean an acceptance by the Authority that the design and

specifications of the proposed building, for which Building Permit

has been issued, conforms to these Building Bye-laws/Building

Regulations, and, that the person holding the Building Permit may

undertake construction of the proposed building. It does not

constitute acceptance of correctness, confirmation, approval or

endorsement of—

a)

Easement rights of the plot on which the building is proposed.

b)

Workmanship, soundness of material and structural safety of

the proposed building and shall not bind or render the

Authority liable in any way in regard to (a) and (b) above.

Design and specifications of all aspects of a building shall be

the responsibility of the owner of the building. Design and

specifications of a building shall be mandatory and may be

examined by the BPIA for ensuring the compliance of the

building to these Building Bye-laws/Regulations.

2.6 Procedure for obtaining Building Permit :

Every person who intends to erect or re-erect or make material

alteration in any place in a building or part thereof, within the local

area, shall apply in writing or online as prescribed to the BPIA, on

prescribed format. Such notice shall be accompanied with the plans.

Copies shall be retained in the office of the Authority for record

after the issuance of permission and a copy shall be given to the

applicant and the concerned Ward Officer.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

19

2.6.1

Notice/Application :

Application for Building Permit shall be made by the owner of

the plot on which the building is proposed in the format

prescribed by the agency (Appendix “A”: Form for Application

to Erect, Re-erect or to make Material Alteration in any place in

a Building). Drawings, specifications and documents to be

submitted along with Application for obtaining a Building

Permit shall be as per these Bye-Laws.

2.6.2

Scrutiny of Application :

The Authority shall undertake scrutiny of the application for a

Building Permit with all the requisite checklists. Any deficiency

if found during scrutiny shall be communicated in writing to the

applicant in the prescribed format within time-frame as defined

in section 2.15 and 2.16. The applicant shall submit the revised

application to comply with the objections raised within seven

days. The Authority shall scrutinize the resubmitted plans and if,

there are still some objections that shall be intimated to the

applicant for compliance. It is further clarified that—

(a) No Application shall be valid unless the information

required by the Authority under these Bye-laws or any

further information which may be required has been

furnished to the satisfaction of the Authority.

(b) The Owner/Registered Technical Person shall be fully

responsible for any violation of Master Plan/Zonal

Plan/Building Bye-laws, architectural controls, lease deed

conditions etc. In case of any default, they shall be liable for

action. Any construction so raised shall be deemed to be

unauthorized and shall be liable for action.

2.6.3

Grant or Refusal of a Building Permit :

After receiving the replies, designs and specifications of

proposed building, Building Permit shall be issued to the

applicant when the BPIA is satisfied that the design and

specifications of the proposed building comply with these

building Bye-laws. However, if after receiving the replies the

proposed building does not comply with Building Bye-laws,

Master Plan etc., the application may be rejected. Reasons for

20

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

rejection shall be communicated to the applicant within fifteen

days in the prescribed format (Appendix “A-7”: Form for

Refusal of Building Permit).

2.6.4

Exemption to Government:

No Government/Semi-Government organizations either Central

or UT shall be exempted from complying with the provisions of

the Bye-laws/Regulations, unless ‘Government’ grants such an

exemption.

2.6.5

Plans and documents accompanying applications :

The following plans shall accompany the application for grant of

building permission:—

(a) Site Plan.—The site plan drawn to a minimum scale of

1:200/1'=16'-0″ or Graphic Scale and shall show the

following:—

(i)

The boundaries of the site belonging to the owner

with dimensions and of any contiguous land and

other features including buildings up to 50/-0//

surrounding ;

(ii)

The position of the site in relation to neighbouring

streets with name of the street on which the building

is situated ;

(iii) The position of the site and all other buildings (if

any) which the applicant intends to erect upon his

land in relation to—

•

The boundaries of the site and in case where the

site has been partitioned, the boundaries of the

portion owned by the applicant and also of the

portions owned by other owners of that entire

plot ;

•

The means of access from an existing street to the

building ;

(iv) Graphic Scale with north direction ;

(v)

Plot area, plinth area, floor space index/floor area

ratio ;

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

21

(vi) Location, name and width of each adjacent road or

lane ;

(vii) Such other particulars as may be prescribed by the

Authority ;

(viii) The applicant shall also submit landscape plan

indicating

all

landscaping

elements

viz-a-viz

structure wherever applicable ;

(ix) Location with precise latitude and longitude/key

plan of the site not to scale but giving distance from

known landmark ;

(x)

All utilities lines have to be marked in site plan

wherever necessary ;

(xi) The position of all the existing features like high

tension line, telegraph and electrical poles/lines,

underground pipe lines, trees, grave yards, religious

buildings, railway lines, etc. within a distance of

30m from the nearest edge of the site, all major

physical features of land proposed to be developed

which include the approximate location and size of

any water body, flood affected areas and contours at

an interval of 0.3m in case of the site which has a

slope more than 1:20.

(b) Building Plan.—The details of the building which inter

alia shall include plans, elevations and sections enclosed

with the application shall be accurately drawn to scale of

1:100/1//=8/-0// or Graphic scale. Adequate arrangement for

proper drainage shall also be shown. The plan shall

include—

(i)

Complete layout plan of the area or areas showing

location and width of all street’s dimensions, sizes

and uses of all the plots.

(ii)

Plans of all floors, accessory buildings and

basement plan. Such drawings shall fairly indicate

the size of rooms, size of windows and ventilators,

size of door opening and stair runs.

(iii) Location of drains, sewers, public utility, electric

lines, services, transformers.

22

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

(iv)

Exact location of essential services such as W. C.

sink, bath etc.

(v)

Proposed and existing works should be clearly

indicated in different colour (other than red) or in

marking.

(vi)

Sectional drawings showing clearly the sizes of

footings, thickness of basement walls, if any, all

roof slabs and floor slabs, ceiling heights and

parapet height with their materials. The section shall

indicate the drainage and slope off the roof. At least

one section shall be taken through the staircase.

(vii) Details of served privies (if any).

(viii) Street elevation and one more side elevation.

(ix)

Dimensions of the projected portions beyond the

permissible building line i. e. Chajja line.

(x)

The existing ground level of the plot and proposed

ground level in relation to abutting road level to be

clearly mentioned in drawing.

(xi)

Detailed parking plan.

(xii) Space used for storing construction materials during

the time of construction.

(xiii) The owner shall file an undertaking stating that he

shall leave and surrender land for road widening if

required under rules, and he will not violate any

rules, building Bye-laws, and that in case of

violations the Authority shall be at liberty to

summarily remove such deviations without prior

notice and at the owner’s cost. The form of

undertaking shall be as at prescribed format

(Appendix B Handing Over Land Required for

Road Widening).

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

23

(c)

Building Plans for Multi-Storeyed/Special Buildings.—

For multi-storeyed buildings, which are above 15 M. in

height the following additional information shall be

furnished/indicated in the building plans in addition to the

item listed in section 2.6.5.

For all high-rise buildings which are 15 m or more in height

and for special buildings like educational, assembly,

institutional, business, mercantile, industrial, storage and

hazardous and mixed occupancies with any of the aforesaid

occupancies having covered area more than 500 Sq.m. (see

also Part 4. Fire and Lift Safety of the National Building

Code, 2016), the building sanction shall be done in two

stages. In case of important projects and projects having

high complexity and sensitivity, the Authority may get the

design, drawings and details of such buildings peer

reviewed/proof checked before approving the same.

Stage 1: Planning clearance.—The following additional

information shall be furnished/indicated in the building plan

in addition to the items given in (b) as applicable :—

(i)

Access to fire appliances/vehicles with details of

vehicular turning circle and clear motorable access

way around the building ;

(ii)

Size (width) of main and alternative staircases along

with balcony approach, corridor, ventilated lobby

approach ;

(iii)

Location and details of lift enclosures ;

(iv)

Location and size of fire lift ;

(v)

Smoke stop lobby/door, where provided ;

(vi)

Refuse chutes, refuse chamber, service duct, etc. ;

(vii)

Vehicular parking spaces ;

(viii)

Refuge area, if any ;

24

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

(ix)

Details of building services. Air conditioning system

with position of fire dampers, mechanical ventilation

system, electrical services, boilers, gas pipes, etc. ;

(x)

Details of exits including provision of ramps, etc., for

hospitals and special risks ;

(xi)

Location of generator, transformer and switchgear

room ;

(xii)

Smoke exhauster system, if any ;

(xiii)

Details of fire alarm system network ;

(xiv)

Location of centralized control, connecting all fire

alarm systems, built-in-fire protection arrangements

and public address system, etc. ;

(xv)

Location and dimensions of static water storage tank

and pump room along with fire service inlets for

mobile pump and water storage tank ;

(xvi)

Location and details of fixed fire protection

installations such as sprinklers, wet risers, hose-reels,

drenchers, etc. ;

(xvii)

Location

and

details

of

first-aid

fire-fighting

equipment/installations ;

(xviii)

Features relating to accessibility for the elderly and

persons with disabilities, shall be in accordance with

Chapter 13 of Part 3 ‘Development Control Rules and

General Building Requirements’ of the National

Building Code, 2016 for the designated buildings and

areas ; and

(xix)

An undertaking stating that debris or construction

materials will not be stacked in public places leading

to public nuisance. If the Authority finds that the

applicant caused nuisance to public while executing

construction necessary fine be levied as per

notifications issued by the authority.

Stage 2: Building permit clearance.—After obtaining the

sanction for planning (Stage 1) from the Authority, a

complete set of structural plans, sections, details, design

calculations duly signed by engineer/structural engineer (see

Annexure A) along with the complete set of details duly

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

25

approved in Stage 1 and certificate of completed structural

design work (see Annexure J) shall be submitted. A copy of

the subsurface investigation report prepared and duly signed

by the geotechnical engineer shall also be submitted. The

building plans/details shall be deemed sanctioned for the

commencement of construction only after obtaining the

permit for Stage 2 from the Authority.

(d) Service Plan.—Details of private water supply, sewerage

disposal system, rain water harvesting system and details

of building services, where required by Authority,

shall be made available on a scale not less than

1:200/1//=16/-0// or Graphical scale rain water harvesting

system need to be indicated.

(e)

Specification.—General specification of the proposed

constructions including a detail calculation sheet of

FAR/FSI in the proposals.

(f)

Signing the plans.—All the plans and drawings shall be

duly signed by the owner and the Registered Technical

Person preparing the plan, who shall be registered with the

BPIA (please refer section CHAPTER 2:2.19 for details).

(g) Any other statement as may be required by the Authority.

(h) Ownership Document.—The applicant shall submit proof

of ownership of the land, on which construction is proposed

duly authenticated and verified by Revenue Authority

(Assistant Commissioner, Revenue/Tehsildar as prescribed

hereinafter).

(i)

Fees for permission.—Every applicant intending to

construct or reconstruct or alter any building or part of

building shall pay to the Authority, the various fees

prescribed by the Authority. The applicant shall keep the

proof of submission of fees in his/her records.

(j)

Withdrawal of application.—The applicant may withdraw

the application and plans any time prior to its sanction and

such action shall terminate all proceedings with respect to

such application but the fees paid shall in no case be

refunded.

26

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

(k) An undertaking shall be submitted along with the

documents that the applicant shall be liable for action as per

law

for

furnishing

wrong

information,

fake/fraud

documents or withheld any information having bearing for

grant

of

building

permission

(Appendix

“A-4”:

Undertaking for Payment of Other and Peripheral Charges).

Note:—It should be on non-judicial stamp paper of specified

amount attested by Notary Public/First Class Magistrate.

(l)

Appendix “A-5”: Affidavit-cum-Undertaking.

(m) The applicant shall also attach the documents of seismic

resilience duly signed by the Structural Engineer where the

land is situated in highly vulnerable zone and certificates

shall also be submitted in case the building having built up

area more than 500 Sq.m. or in case more than G+2

building.

(n) Standard Plan Permission.—Each authority shall keep a

set of approved standard building plans for plot sizes up to

150 Sq. m. In case the owner’s/applicants plot is situated in

approval layout, and he wishes to construct as per plans

available with the authority, he may apply to the authority

in the prescribed format indicating his choice of standard

approved plan along with requisite fees and his ownership

documents. The receipt of payment of fees to the authority

in such case shall be considered as authorized building

permission.

(o) In the case the applicant has fulfilled all the requisite

formalities and the Authority has not decided on the notice

of intent of the applicant within a maximum period of 60

days from the date of application, the permission shall be

deemed to have been accorded, provided the proposed

construction does not—

(i)

Violate the planned development of J&K UT as

envisaged by various departments and departmental

agencies such as Municipal Corporation/Council/

Committee, Development Authorities, Jal Shakti

Department, UEED etc. as applicable.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

27

(ii)

Violate zoning regulation under the Master Plan.

(iii) Violate the land use of the area.

(iv)

Violate the FAR and set back norms.

(v)

Come in alignment of green belt.

(vi)

Effect the easement right of the adjacent plot holder

and the title of the land is not subject matter of

dispute before any forum.

(p) Notice for alteration.—When the notice is only for an

alteration of the building, only such plans and statement as

may be necessary, shall accompany the notice.

No notice and building permit, is necessary for the

following alterations, which do not otherwise violate any

provisions

regarding

general

building

requirements,

structural stability and fire safety requirements of these

Bye-Laws:—

(i)

Plastering and patch repairs ;

(ii)

Re-roofing or renewals of roof including roof of

intermediate floors at the same height ;

(iii) Flooring and re-flooring ;

(iv)

Opening and closing of windows, ventilators and

doors not opening towards other’s properties and/or

public road/property ;

(v)

Replacing fallen bricks, stones, pillars, beams etc. ;

(vi)

Construction or re-construction of sunshade not

more than 75cms. in width within one’s land and

not overhanging over a public street ;

(vii) Construction or re-construction of parapet not more

than 1.5 m. in height and also construction or re-

construction of boundary wall as permissible under

these Bye-laws ;

28

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

(viii) White washing, painting, etc. including erection of

false ceiling in any floor at the permissible clear

height provided the false ceiling in no way can be

put to use as a loft etc. ;

(ix)

Reconstruction of portions of buildings damaged by

storm, rains, fire, earthquake or any other natural

calamity to the same extent and specification as

existed prior to the damage provided the use

conforms to provisions of Master Plan/Zonal Plan ;

(x)

Erection or re-erection of internal partitions

provided the same are within the purview of the

Bye-laws.

2.7

Procedure for obtaining a Revised Building Permit :

Changes or revisions in the sanctioned design and specification

of a building may be made provided that a Revised Building

Permit is obtained before construction is undertaken on the

portion of the building that deviates from the Sanctioned Design

and Specification. The changes shall be not more than 10% of

built-up area for consideration as Revised Building Permit, for

changes above 10%, a new application shall be made.

2.7.1

Notice/Application :

Application for Revising a Building Permit shall be made by the

owner of the plot on which the building is proposed in the format

(Appendix “A”: Form for Application to Erect, Re-Erect or to

make Material Alteration in any place in a building).

2.7.2

Scrutiny of Application :

The Building Permit Issuing Authority (BPIA) shall follow the

same procedure as that of issuing new Building Permit after

collecting the fees as prescribed by the Authority. If the revised

permit is applied during the execution of work of the building for

which the revised permit is applied, then construction of the

portion of the building for which revised permit is sought for,

shall not be commenced unless the revised permit is issued by

the Authority.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

29

2.8

Procedure for obtaining a Revalidated Building Permit :

2.8.1

Meaning of “Lapse of Building Permit” :

A Building Permit shall mean to have lapsed if a material fact,

based on which the Building Permit has been granted, no longer

holds true, regardless of whether the BPIA was informed of the

same or not. A lapsed Building Permit shall continue to remain

lapse till the procedural requirements specified for revalidation

of Building Permit in Building Bye-laws are met with. A

Building Permit shall lapse—

(a) If construction of the building is not executed and

completed within the period of three years for residential,

industrial and commercial buildings (4 storeyed) and four

years for multi-storeyed buildings from the date of Building

Permit.

(b) If the ownership of the plot changes after a Building Permit

has been granted as stipulated in Building Bye-laws.

(c) If at any time before obtaining the completion certificate

from the RTP, based on whose certification the Building

Permit was granted, ceases to be the Person on Record

(POR) for the building, either because the Person on Record

was relieved of his responsibility by the Owner, or because

the Person on Record relieves himself of responsibility by

informing the authority as stipulated in Building Bye-laws

and a substitute is not appointed in a period of 15 days.

Following lapse of a Building Permit, construction may no

longer be undertaken on the plot for which the Building

Permit was granted, until the procedural requirements

specified for revalidation of Building Permit are met with.

2.8.2

Meaning of “Revocation of Building Permit” :

Revocation of a Building Permit by the BPIA shall mean that the

Building Permit shall no longer be valid, and that the permission

granted by the BPIA to undertake construction stands

withdrawn.

Following revocation of a Building Permit, construction may no

longer be undertaken on the plot for which the Building Permit

was granted. A Notice of Revocation of a Building Permit shall

be issued in writing as per the format prepared by the BPIA.

30

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

2.8.3

Notice/Application :

Application for Revalidating a Lapsed Building Permit shall be

made by the owner of the plot on which building is proposed;

using the Format (Appendix “A-8” Form of Revalidation)

prescribed by the BPIA.

2.8.4

Scrutiny of Application :

The Building Permit Issuing Authority shall follow the same

procedure as that of issuing new Building Permit after collecting

the fees as prescribed by the Authority.

2.9

Procedure for obtaining a Building Use Permit :

2.9.1

Notice of Completion of Construction and Application for

Building Use Permit :

The owner shall be responsible for notifying the BPIA of

completion of construction, for certifying that the construction

complies with the sanctioned design and specifications, and for

applying for grant of a Building Use Permit. Notice of

Completion of Construction, compliance certification and

application for Building Use Permit shall be made in the format

prescribed by the Authority (Appendix “A-6” Building

Permit/Sanction) and shall be accompanied by documents and

drawings as prescribed by the Authority.

2.9.2

Final Inspection :

Following receipt of the Notice of Completion of Construction,

the authority shall undertake final inspection of construction for

ensuring compliance to sanctioned design and specifications.

The authority shall communicate the date and time of inspection

to the owner within 15 working days of receipt of Notice of

Completion of Construction. In case the BPIA does not

communicate decision to inspect construction within 15 working

days of receipt of Notice of Completion of Construction, the

Building Use Permit shall be deemed to have been granted by

the authority and sanctioned use may be made of the building.

If, on inspection, the authority is satisfied that the construction of

the building complies with the sanctioned design and

specifications, he shall grant a Building Use Permit and

sanctioned use may be made of the building.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

31

2.9.3

Communication of Queries :

If the construction is found not complying with sanctioned

design and specifications, the Authority shall communicate

queries regarding the construction and/or directions to ensure

compliance to the owner, within 7 working days of the date of

inspection. Failure to comply with directions, as may be issued

by the Authority may result in revocation of the Building Permit.

In case the Authority does not communicate queries regarding

the construction and/or directions to ensure compliance within

10 working days of the date of inspection, Building Use Permit

shall be deemed to have been granted by the BPIA and

sanctioned use of the building may be made.

2.9.4

Grant or Refusal of Building Use Permit :

If the BPIA is satisfied that the construction of the building

complies with the sanctioned design and specifications. The

BPIA shall grant a Building Use Permit and sanctioned use may

be made of the building. Reasons for refusal of Building Use

Permit shall be communicated to the applicant within 15

working days for self-use homes and 30 days for other buildings

by the Authority.

2.9.5

Procedure for Obtaining Permit to Change Sanctioned Use

of Building :

(a) Application : Application for obtaining Permit to Change

Sanctioned Use of Building shall be made by the owner of

the plot. The Authority shall determine drawings,

specifications and documents to be submitted along with

Application for Permit to Change Sanctioned Use of

Building.

(b) Fees for Obtaining Permit to Change Sanctioned Use of

Building : The fees and other charges for obtaining Permit

to Change Sanctioned Use of Building shall be as prescribed

by the BPIA Authority.

(c) Scrutiny of Application—

(i)

The BPIA shall undertake scrutiny of the

Application for Permit to Change Sanctioned Use of

Building and communicate to the applicant the date

and time for plot/spot inspection, if required within

15 working days of the date of acceptance of the

application.

32

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

(ii)

Lack of compliance with Building Bye-laws/

Regulations and the master plan and/or queries

pertaining to the application shall be communicated

within 21 working days of the date of acceptance of

the application.

(iii) Acceptance or rejection of compliant modifications

in the application and responses to queries shall be

communicated within 10 working days of receipt of

the modifications and responses.

(iv)

Acceptance or rejection of further compliant

modifications in the application and responses to

queries shall also be communicated within 10

working days of the receipt of modifications and

responses.

(d) Grant or Refusal of Permit to Change Sanctioned Use of

Building : A Permit to Change Sanctioned Use of Building

shall be issued to the applicant when the Authority is

satisfied that the proposed change of use of the building

complies with these Building Bye-laws/Regulations and the

Master Plan. Reasons for rejection of application shall be

communicated to the applicant for his/her satisfaction.

2.10 Fees for permission :

(a) No Notice shall be deemed valid unless the person giving

notice has paid the application fees for the time being in

force to the Authority and an attested copy of receipt of such

payment is attached with the notice.

(b) In case the authority after processing the application of

building permit, the building permission/development

permission fees shall be charged by Authority prior issuance

of such building/development permits.

(c) The fees for building permission will be prescribed by

Government/Urban

Local

Body/Urban

Development

Authority through notification.

2.11 Unauthorized Development :

In case of unauthorized development, the Authority shall take

suitable action, which may include demolition of unauthorized

works, sealing of premises, prosecution and criminal proceeding

against the offender in pursuance of relevant laws in force.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

33

2.12 Unauthorized use of Building :

(a) Use of any building or a part of a building, without a

Building Use Permit or in a manner that does not conform

toits sanctioned use or after a Building Use Permit has been

revoked, shall be deemed to be unauthorized use of

building.

(b) The BPIA may declare the use of any building to be an

unauthorized use if it is convinced that the building is

unsafe for habitation or if its use poses a danger to public

health or safety.

(c) Dealing with unauthorized use of building and unsafe

buildings—

(i)

If the BPIA deems the use of any building or part of

a building to be an unauthorized use of building.

(ii)

It shall, by a written notice, require the person

making unauthorized use of building to stop the

same forthwith.

(iii) If unauthorized use is not stopped, the Authority

may direct the person making such use to be

removed from the building and may cause such

necessary measures to be taken to ensure that the

person does not re-enter the building without

written permission of the BPIA Authority. The

cost(s) of undertaking these measures shall be paid

by the said person.

2.13 Duration of Sanction/Revalidation :

Once a building permit is sanctioned, it shall remain valid for

three years from the date of sanction for residential, industrial,

and commercial buildings (4 storeyed) and for a period of four

years from the date of sanction for high-rise and tall buildings.

However, the validity period of sanction in case of

additions/alterations in both the cases, shall be two years from

the date of sanction. The building permit shall be got revalidated

in the prescribed form before the expiry of this period on year-

to-year basis. Revalidation shall be subject to the Master

Plan/Zonal Plan regulation and Building Bye-laws, as in force,

for the area where construction has not started.

34

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

2.14 Responsibilities of owner and Registered Technical Person :

2.14.1 Responsibilities of Owner :

The owner shall—

(a) Be responsible for ensuring that the building compliances

with the Building Bye-laws, master plan/zonal development

plan.

(b) Shall make the application for a Building Permit.

(c) As prescribed appoint Registered Technical Person to

undertake third-party verification of the structural design

and specifications of the proposed building and, to verify

and certify that the design and specifications compliance

with these Building Bye-laws as prescribed.

(d) As prescribed, Appoint an Engineer/Architect on Record to

certify that the construction of the building has been

undertaken as per detailed design and specifications

stipulated by the R. T. P. and the Structural Engineer on

Record as per clause 2.19.

(e) Obtain a Building Permit prior to commencement of

building.

(f) Submit a Notice of Commencement of Construction,

Notices of Progress of Construction, and a Notice of

Completion of Construction to the Authority.

(g) Obtain a Building Use Permit prior to making use or to

occupying the building or a part of the building.

(h) Inform the BPIA in writing within 7 working days if for any

reason he ceases to be the owner of the plot for which the

Building Permit has been issued or granted, regardless of

whether building has commenced or not.

(i) Inform the Authority in writing within 7 working days if for

any reason, any of the Registered Technical Person

appointed by him has been relieved of their responsibilities.

(j) Ensure that no construction is undertaken during the period

that the Building Permit has lapsed or has been revoked.

(k) Submit Maintenance Certificates as required by Authority

from time to time.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

35

(l) No ownership of a plot or building shall be changed or

transferred by whatsoever means before issuance of Building

Use Permit except with prior permission of Authority. If the

ownership has been changed without prior permission of

Authority, the building permit issued by the BPIA shall be

deemed to have been revoked. This shall also apply to

building under construction. The Authority shall charge the

fee it deems fit for change of ownership. However, the

Authority may on application by prospective owner, issue

Building Use Permit subject to payment of penalty of

Rs. 5000/- if it is satisfied that the building is in conformity

with the design and specifications as approved by the BPIA

Authority.

2.14.2 Revocation of Building Permit and Penal Actions in case of

misrepresentation :

(a) The BPIA may revoke a Building Permit if—

(i)

It determines that false statements were made, or

material facts were misrepresented for obtaining the

Building Permit.

(ii) At any time before obtaining the completion

certificate, the Registered Technical Person based on

whose certification the building construction is

carried out is de-listed by the Authority.

(b) Penal action against defaulting Architects/Engineers/

Groups/Supervisors—

(i)

The Authority reserves the right to take action and

to debar/blacklist Registered Technical Person if

found to have deviated from norms and regulations,

professionally indulged in misrepresentation of any

material fact or in supervision of the construction

against the Building Bye-laws and the sanctioned

building plans.

(ii)

If the BPIA finds at any time any violation of the

Building

Bye-laws/Regulations/master

plan

or

misrepresentation of fact, or construction at variance

with the sanction or Building Bye-laws, inclusive of

36

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

the prescribed documents, the Authority shall be

entitled to revoke the sanction and take appropriate

action against such professionals who shall not be

authorized to submit fresh plans till finalization of

the case. Before debarring or blacklisting such a

professional found to be indulging in professional

misconduct or where she/he has misrepresented any

material fact, the Authority shall give him/her a

show cause notice with a personal hearing and pass

a speaking order to debar her/him with full

justification for the same. An appeal against order

shall lie with the appellate authority i. e., J&K

Special Tribunal.

(iii) Penalties : Procedures for ascertaining whether a

Registered

Technical

Person

has

failed

in

discharging his responsibilities in the context of

these Building Bye-laws/Regulations and the master

plan shall be determined by the BPIA Authority etc.

Penalties for failing to discharge responsibilities

shall also be determined by the Authority.

(c) Penalties to be levied for violations in process for obtaining

building permit as per provisions of the Bye-laws—

(i)

The Authority under provisions of the J&K

Development Act, 1970, the J&K Municipal

Corporation Act, 2000, J&K Municipal Act, 2000

and shall take penal action for violation of Master

Plan/Zoning Regulations or Bye-laws which may

include

stoppage

of

construction

activity,

demolition/alternation and in paying fine and by

imposing penalties.

(ii) Should any dispute arise about the interpretation of

any definitions or provisions of these rules, the

decision of the BPIA shall be final. However,

aggrieved persons may appeal to the appellate

authority against such decisions and the decisions of

the appellate authority shall be final and binding to

all concerned.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

37

(iii) Should at any time the Authority decide that certain

provisions of these rules require change or

suspension in certain areas for a comprehensive

development of the area, the same can be made by

the Authority with prior approval of the Govt.

(iv) Any person who contravenes any of the provisions

of these Bye-laws or interferes or obstructs any

person in discharging his legitimate duties which

shall include to conduct inspection of the work at

various stages and authorized in writing in this

behalf by competent shall be liable to pay a penalty

of Rs. 10,000/-.

(v) Any person who makes any building/structure

functional on its completion without ‘Building Use

Certificate’ as provided in bye-rule 2.9 (2.9.1), shall

be liable to pay a penalty of Rs. Minimum 10,000/-

and maximum Rs. one lac. The persons who without

express permission provides utility service shall also

be liable to pay a penalty of Rs. 10,000/-.

2.14.3 Disputes regarding Interpretation of provisions of Bye-laws :

In case of any dispute arising regarding the interpretation of any

of the provisions of these Bye-laws the matter shall be referred

to Government for a decision. Any action taken under any

law/regulations on the subject before the enforcement of these

Bye-laws shall not be questioned.

2.15 Procedure for Building Permission of Residential Use

Building :

Table 2—1: Procedure for Building Permission of Residential Use

Building

S. No.

For Plots in Government

Colonies

For Other Plots

Step 1 • Preparation of buildings plans from Registered Technical

Person (List given in Section CHAPTER 2: 2.19) (By the

applicant)

38

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

S. No.

For Plots in Government

Colonies

For Other Plots

Step 2 • A ‘provisional permit’ may

be issued by the Registered

Technical Person or any other

designated Technical person

as notified.

• The provisional permit will

be issued by the Registered

Technical

Person

in

the

prescribed

format

as

prescribed by the Authority

based strictly on the approved

Master plans/Building Bye-

laws/ Building Code in vogue

and other norms as applicable

with land title duly attested

by the Concerned Agency.

• The Registered Technical

Person

will

submit

the

provisional permits to BPIA

in the prescribed format as

prescribed by the Authority,

with undertakings through its

nodal person in 3 days after

the

issuance

of

the

provisional permit along with

the types of fees applicable.

• The Registered Technical

Person will certify that the

site

is

clear

from

any

provisions related to water

supply, electric lines, sewers

and drains, water bodies as

prescribed

in the Master

Plan/Building

Bye-laws/

Building

Code/applicable

norms.

• The

applicant

will

submit

the

Building

Permit

Application

online in the prescribed

format as prescribed by

the Authority. The plans

will be submitted in the

prescribed

format

attested

by

the

Registered

Technical

Person

with

the

undertakings as required

that the application is

based

on

approved

Master

plans/Building

Bye-laws/

Building

Code in vogue and other

norms

as

applicable

with land title duly

attested by designated

revenue authority.

• After an application for

erection, re-erection or

alteration of a building

has been received, the

designated person shall

immediately forward a

copy of the plans to

relevant agencies for

their clearance with or

without condition.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

39

S. No.

For Plots in Government

Colonies

For Other Plots

Step 3 Scrutiny of Application

Step-

3.1

After an application for erection, re-erection or alteration of a

building has been received, the designated person shall

immediately forward a copy of the plans to respective agencies

for clearance. The timelines for approval are described in

section 2.17.

Step-

3.2

The Building Permit Issuing

Authority will vet the building

permit in 15 working days or

return it to RTP with comments.

The BPIA Authority shall

give

clearance

in

one

month positively. In case

the

NOC

is

refused,

reasons

for

doing

be

conveyed in writing. In the

case of High Rise and Tall

Buildings the approval may

take 2 months because of 2

step process described in

2.6 (2.6.5).

Step 4 Notification to the applicant in case of deficiency in the

submitted information shall be given within 5 days from

Step 3.

Step 5 The designated person will issue

the building permit based on the

undertaking of RTP at Step-3.

The construction can be started

by the applicant after the vetting

of

the

building

permit

by

Building

Permit

Issuing

Authority or after 30 days from

the

date

of

submission

of

provisional building permit by

the

Registered

Technical

Person to the Building Permit

Issuing Authority through the

notified nodal person.

The BPIA Authority may

issue

permit,

with

modification or refuse the

permission. The applicant

will submit all types of fees

as applicable before the

issuance of permit.

40

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

2.16 Procedure for Building Permission of Non-Residential Use

Building :

Table 2—2: Procedure for Building Permission of Non-Residential

Use Building

S. No. All Non-Residential Buildings High Rise/Tall Building/

Special Buildings

Step 1 Preparation of buildings plans from Registered Technical

Person (List given in Section Chapter 2: 2.19) (By the

applicant).

Step 2 Scrutiny of Application.

Step-

2.1

After an application for erection, re-erection or alteration of a

building has been received, the designated person shall

immediately forward a copy of the plans to respective agencies

for clearance. The tentative timelines for approval are described

in section 2.17.

Step-

2.2

BPIA shall give clearance in

one month. In case the NOC is

refused, reasons for doing be

conveyed in writing.

The BPIA Authority shall

give clearance in two months

positively. In case the NOC is

refused, reasons for doing be

conveyed in writing. Please

refer the 2-step process for

submission

of

required

drawings as described in

section 2.6.5 (c).

Step 3 Notification to the applicant in case of deficiency in the

submitted information shall be given within 5 days from Step 2.

Step 4 The

BPIA

may

issue

permit/issue

permit

with

modification/refuse

the

permission within one month

from the date of receipt of

application.

The

BPIA

may

issue

permit/issue

permit

with

modification/refuse

the

permission

within

two

months from the date of

receipt of application.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

41

2.17

Timelines for clearance from various agencies :

Recognizing the concern for streamlining the procedures for

clearances to be obtained from various departments in least

possible number of procedures and number of days, in this model

is given ensuring that the entire process of pre-construction

approvals should be completed within one/two months:

Table 2—3: Timelines for clearance from various agencies

S.

No.

Type of approval

Approving

Authority

Stage of

project

Duration

(Days)

1

2

3

4

5

A

Intimation of

Disapproval (IoD)

Municipal Authority Pre-

construction

7

B

Site and Building

Layout approval

Municipal Authority Pre-

construction

7

C

Internal NOCs

(Part of OBPS)

PDD, PWD, PHE,

Town Planning,

Sewerage and

Drainage

Pre-

construction

15

D

External NOCs

Fire-Fighting

Scheme

(for High Rise and

Tall Buildings)

Fire Department

Pre-

construction

15

Ancient Monument

Approval

Archaeological

Survey of India

(ASI) and JK

Archaeology/

Heritage

Preservation Act

Environment

Clearance

Ministry of

Environment, Forest

and Climate Change

Pre-

construction

Bore-well

Registration

Certificate

Central Ground

Water

Authority

Pre-

construction

AAI Height NOC

Civil Aviation

Department

Pre-

construction

42

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

1

2

3

4

5

Pollution Clearance

State Pollution

Control Board

During

construction

Defence

Clearance

Ministry of

Defence

Pre-

construction

E

Building Permit

Issue (All NOCs)

Municipal Authority Pre-

construction

30 (60

days for

High Rise

and Tall

buildings)

F

Construction

Complete

Construction Time

depends on the

project Scale and

Size

G

Building Use

Certificate

Municipal Authority Post

construction

15 days

for self-

use homes

and 30

days for

other

buildings.

2.18 No Objection Certificates required for Building Permission :

1.

Title Verification: NOC from the Revenue Department shall

be required for plots other than Govt. Colonies and will be

integrated into OBPS.

2.

Fire and Emergency Services: NOC shall be required for

Assembly and Intensive Commercial and Residential Use

Buildings which inter alia includes R3, C3, C4, C5, PSP1,

PSP2, PSP3 and PSP4 or as notified by the ULB/ULA.

Note:—The NOCs’ from other departments like PDD, PWD,

PHE, Town Planning, Sewerage and Drainage shall be

integrated within OBPS for the concerned Local Bodies

and Authorities.

2.19 Qualifications for Registered Technical Persons :

a) Minimum Qualifications and Competence Requirements :—

The authority shall empanel Town Planners, Architects, Civil

Engineers, Structural Engineers, Geotechnical Engineers,

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

43

Urban Designers, Landscape Architects, Electric Engineers as

Town Planners on Record, Architects on Record (AoR),

Engineers on Record (EoR), Structural Engineers on Record

(SEOR), Geotechnical Engineers on Record (GTEoR), Urban

Designers on Record (UDoR), Landscape Architects on

Record (LAoR), Electric Engineers on Record (EEoR),

Surveyor 1 and Surveyor II etc. respectively. Applications for

listing should be made in the format prescribed by the BPIA

Authority from time to time etc. The UT may also create a

statutory board or committee for the accreditation of the

professionals.

The BPIA Authority shall determine minimum qualifications

and competence requirements for being considered for listing

as Persons on Record from time to time.

Table 2—4: Minimum Qualifications and Competence

Requirements

S.

No.

Professional

Qualification

Competence/Functions

1

2

3

4

1

Architect on

Record

(AoR)

A technical person

having

valid

registration of the

Council

of

Architecture.

The registered Architect shall

be competent to carry out the

work

related

to

the

building/development permit

as given below:—

a) Prepare and sign all plans,

sub-divisions/layout plans

and

information

connected with building

permit/licence

except

engineering services of

multi-storeyed/special

buildings

along

with

supervision.

b) Issue

Provisional

Permission up to the plot

size prescribed in these

Bye-laws or prescribed in

the

relevant

orders/

notifications.

44

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

1

2

3

4

c) Issuing

certificate

of

supervision

and

completion

of

all

buildings pertaining to

architectural aspects.

2

Engineer on

Record (EoR)

Graduate in civil

engineering from

recognized Indian

or

foreign

university

as

recognised

by

AICTE

and

registered

with

valid membership

(Civil)

of

the

Institution

of

Engineers, India.

The registered engineer shall

be competent to carry out the

work related to the building/

development permit as given

below:—

a) Prepare

and

sign

structural drawings and

service

plans

and

information

connected

with building permit.

b) Preparation of structural

drawings,

details,

and

calculations of buildings

on plot up to 500 m2 and

up to 5 storeys or 16 m in

height, all service plans

and related information

connected with develop-

ment permit of area up to

1 hectare for metro-cities

and 2 hectares for other

places.

c) Issuing

certificate

of

supervision for develop-

ment of area up to 1

hectare (for metro and

Class-I

cities)

and

2

hectares for other places

pertaining

to

building

layout, building structure,

civil works, and service

installations.

d) Issuing

certificate

of

supervision and complet-

ion

of

all

buildings

including structure and

building services.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

45

1

2

3

4

3

Structural

Engineer on

Record

(SEoR)

Postgraduate

in

Structural

Engineering from

recognized Indian

or

foreign

university

as

recognised

by

AICTE

and

Corporate

Member (Civil) of

Institution

of

Engineers (India),

minimum 3 years’

experience

in

structural

engineering

practice

with

designing

and

field work.

Note:—In

case

of

doctorate

in

structural

engineering,

the

experience

required would be

one year.

The

registered

structural

engineer shall be competent

to

prepare

the

structural

design,

calculations

and

details for all buildings and

undertake their supervision.

4

Town Planner

on

Record

(TPoR)

Graduate or Post-

graduate degree in

Town

Planning/

Urban Planning or

related

field

or

equivalent degree

as recognised by

AICTE

and

registered

with

valid membership

of the Institute of

Town

Planners,

India.

The registered town planner

shall be competent to carry

out the work related to the

development permit as given

below:—

a) Preparation of plans for

land

sub-division/layout

and related information

connected

with

development permit for

all areas.

b) Issuing of certificate of

supervision for develop-

ment of land of all areas.

46

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

1

2

3

4

Note:—However, for land

layouts

for

development

permit above 5 hectares in

area, landscape architect shall

also be associated, and for

land

development

infra-

structural services for roads,

water

supplies,

sewerage/

drainage, electrification, etc.

the registered engineers for

utility

services

shall

be

associated.

5

Landscape

Architect on

Record

(LAoR)

Bachelor

or

Master’s degree in

landscape

architecture from

recognized Indian

or

foreign

university.

The

registered

landscape

architect shall be competent

to carry out the work-related

to

landscape

design

for

building/development permit

for land areas 5 hectare and

above. In case of metro and

class I cities, this limit of

land area shall be 2 hectare

and above.

Note:—For

smaller

areas

below the limits indicated

above,

association

of

landscape architect may also

be considered from the point

of view of desired landscape

development.

6

Urban

Designer on

Record

(UDoR)

Master’s degree in

Urban design or

equivalent

from

recognized Indian

or

foreign

university.

The registered urban designer

shall be competent to carry

out the work related to the

building permit for urban

design for land areas more

than 5 hectare. She/he shall

also be competent to carry

out

the

work

of

urban

renewal for all areas.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

47

1

2

3

4

Note:—For

smaller

areas

below the limits indicated

above, association of urban

designer may be considered

from the point of view of

desired urban design.

7

Surveyor—I

Three Years

Diploma in

Architecture

Assistantship

The registered Surveyor-I

shall be competent to carry

out the work related to the

building permit as given

below:—

Prepare and sign plans

• For residential: Up to 1

Kanal Plot

(3 storeyed

building)

• For Commercial: Up to 10

Marlas

Plot (3

storeyed

building)

8

Surveyor—II Two years drafts-

manship in Civil

The registered Surveyor-II

shall be competent to carry

out the work related to the

buildings as given below:—

Prepare and sign plans

For residential: Up to 10

Marlas Plot

(2 storeyed

building)

For Commercial: Up to 7

Marlas

Plot (2

storeyed

building)

48

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

1

2

3

4

9

Supervisor on

Record (SoR)

Diploma in civil

engineering from

recognised

institute with 2

yrs.

working

experience

or

Civil

draftsman-

ship from ITI with

5 years’ experi-

ence

under

a

qualified

Architect/Civil

Engineer

for

building

construction

and

supervision.

The

registered

supervisor

shall be competent to carry

out the work related to the

building permit as given

below:—

All

plans

and

related

information connected with

building

permit

for

residential buildings on plot

up to 100 m2 and up to two

storeys or 7.5 m in height ;

and

Issuing

certificate

of

supervision for buildings as

above.

10

Plumber

on

Record (PoR)

ITI in Plumbing,

with

minimum

2 yrs. experience

of execution of

sanitary

and

plumbing

works

under any Govern-

ment Department/

local body or a

qualified

Architect/

Engineer

knowledge

of

working drawings

and dimensioned

sketches.

A

plumber

shall

be

competent

to

do

the

following jobs:—

a. Execution/supervision of

sanitary works up to 500

Sq.m.

plot

size

and

4

storeyed buildings.

11

Electrician on

Record

(EloR)

ITI in Electrical,

with minimum

2yrs experience of

execution of

electrical works

under any

government

department/local

body or a

An

electrician

shall

be

competent

to

do

the

following jobs:—

a. Execution/supervision of

Electrical works up to 500

Sq. m. plot size and 4

storeyed buildings.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

49

1

2

3

4

qualified

Architect/

Engineer

knowledge of

working drawings

and dimensioned

sketches.

12

Fire

Consultant on

Record

(FCoR)

As prescribed by Chief Fire Officer, Town/City

Fire service

b) Listing Fee and Security Deposit :

Listing Fee and Security Deposit for listing, as Persons on

Record with the BPIA shall be determined by the Authority and

notified by the Housing and Urban Development Department.

CHAPTER 3

STREAMLINIING OF BUILDING PLAN APPROVALS

3.1

Clearances at Master Plan level :

Individual construction proposals should not generally require

separate clearances from various authorities each time. Such

clearances should be integrated into the DCR of the

Master/Development Plan of the concerned city. The areas

unaffected by any of the restrictions should be clearly marked out

and mapped on a GIS platform. Area zones of differential control

regulations (within the city) by any of these agencies may also be

mapped accordingly. This will result in a composite map of the

city with various control regulations as per the various agencies

clearly marked on the map. Thus, the sites which are located

outside these restricted/regulated areas would not require clearance

from the respective authorities, thereby reducing the clearance

50

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

process significantly. Following are the clearances which should

be integrated into the city Master Plan:—

Table 3—1: Minimum Clearances from various agencies proposed

to be integrated in Master Plans

S.

No.

Name of Agency

Type of

Clearance

Area of Influence

1

National

Monuments

Authority

through Local

BPIA

Ancient

Monument

approval

As prescribed in the AMASAR

(Amendment and Validation)

Act, 2010 for protection of

monuments.

And

J&K

Archaeology/Heritage

Preservation Act

2

Ministry of

Environment,

Forest

and

Climate Change

Environment

Clearance

(EC)

As prescribed in the statutory

provisions

for

EIA

and

clearance based on the size of

the project in accordance with

Environment Protection Act,

1986

3

Central Ground

Water Authority

through Local

BPIA

Bore-well

Registration

Certificate

As per Guidelines/criteria for

evaluation of proposals/requests

for Ground Water Abstraction,

2012

4

Ministry of Civil

Aviation

AAI Height.

NOC

Critical and non-critical area as

identified by AAI

5

Ministry of

Defence

Defence

Clearance

Areas in and around Defence

Establishments as identified by

MoD.

6

Ministry of

Railways

Area

Clearance

Buffer zones as prescribed by

Railways along the Rail tracks/

depots/yards etc.

3.2

Options for reducing the timelines for approvals :

The above suggested steps are only indicative, however, there is

scope for streamlining the procedures for clearances to be

obtained from various departments in the least possible number

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

51

of procedures and number of days. Some of the options which

can reduce the time taken for various procedures are:—

a) Online sanctions : ULBs/Development Authorities have

introduced online sanction for issuing building plan and

completion certificate. The process involves use of software

tools for scrutiny of building plans. All the documents are

required to be submitted electronically using a portal. In case

the building plans do not conform to the DCR the deviations

are listed out in form of a report and intimated to the

applicant/engaged Competent Professional for building plan

design, vide an online ID in his account.

b) Empowering

Professionals :

Empowering

Competent

Professionals as prescribed for building plan design will

facilitate to streamline the procedure for obtaining approvals.

The urban local body or urban local authority or by the

Housing and Urban Development of the UT of J&K shall

empanel such professionals based on their qualifications and

track record. The empowered professionals can, also on

behalf of developers/builders submit the documents required

at the time of various clearances. This has been

comprehensively defined in the Chapter 2.

c) Creating a Cell in ULBs : There is a need for creating a

specialized cell in ULBs and UDAs which is manned by

qualified personnel conversant with the procedures and the

interpretation of development regulations. The cell should be

headed by a qualified Town Planner who should inter alia

lead a team of Architects, Engineers, Environment Specialist

and Legal Experts among others. The cell should have the

dedicated provision for online submissions and conveying

the online approvals as well. This will require robust

software and hardware system capable of handling large

digital files.

d) Single Window System : All agencies involved in the

process need to be integrated in a single electronic facility

with proper coordination and monitoring of timelines. The

52

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

Municipal

Corporation/Council/Committee

needs

to

constitute teams comprising of experts from various agencies

to be formed under the overall supervision of a Town

Planner designated to assist developers/builders with

complex projects and to constantly improve the sanction

process by cutting down delays.

e) Integration of agencies outside the ULBs for online

clearances : Various agencies like AAI, NMA, SUAC, Fire

Services, Department of Industries, Ministry of Defence, etc.

grant NOC clearance to the building plans in certain specific

cases. This may be streamlined for Ease of Doing Business

by following 2 directions as given below:—

i.

Building permission for specific areas/sizes are to be

examined by the external agencies. These areas should

be plotted on GIS based colour-coded map which may

be made available in the public domain on the agency’s

website, with clearly identified coordinates so that

building falling only in these areas need to approach the

concerned agencies for obtaining clearances. These maps

may also be made available on the website of the

concerned municipal bodies.

ii.

The external agencies also need to develop online

clearance/NOC application systems which should

suitably be integrated with the online building approval

systems of the municipal bodies. The two systems

should be so compatible that the building plans

submitted to the local bodies may after scrutinizing with

colour-coded zoning maps shall be e-transmitted to the

external agencies. The agency concerned should give

clearance within a period of maximum of 10 days with

no requirement of applicant to physically visit the offices

of the agencies. The NOC may again be e-transmitted to

the concerned local body on the building permission

system so that the ULB shall use those for final

approval.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

53

3.3

Development of an IT enabled team to operate the Building

Permission Online :

a) The IT person shall be able to analyse and identify the issues

regarding the building permit in the existing system as well as

for the system of Single Window Clearance to be adopted in

the future.

b) The IT team shall enable a preview selection mode so that the

applicants after submitting all the documents can preview it

before final submission in the existing online system.

c) The IT team shall also add the total time-frame for clearance

at each step in the existing online system dashboard.

d) The IT person shall coordinate with various departments

which issues NOCs and shall also identify the total time

required in issuing it.

e) Various issues in cross verifying the uploaded documents for

e. g. uploading of digital signature, online payments,

inspection etc. shall be listed in order to improve the existing

online approval system as well as for shifting to the automated

building approvals in the future.

f) The physical submission of building permit documents shall

be removed by introduction of Pre-DCR software to the

applicants.

g) The IT team shall enable online tracking system of NOCs if

applicable through the existing online system for the

applicants.

h) The IT team shall provide a Pre-DCR formatted software to

the consultants (Architects/Engineers/Draftsman etc.) till the

time automated building approval system is not introduced.

i) The IT team shall issue an applicant no. through which if an

applicant uploads the requisite documents thereafter after

verification by the IT team can download the Occupancy

Certificate.

3.4

Other Suggestions to enhance Ease of Doing Business :

Some other suggestions, regarding Fast Track construction

permits are—

a) Citizens’ Charter :

A Citizens’ charter lists out the timelines and upper limits of

time for the delivery of citizen services of the organization.

54

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

The objective of issuing the charter is to improve the quality

of public service in terms of timely delivery. Such charters

should be brought out by all municipalities to maintain high

standards of accountability and transparency. The standards of

service to be provided, the maximum number of days required

for building approvals and the standards procedures should be

listed out in the citizens’ charter. Some states have gone a step

further and introduced a Citizen Service Delivery Guarantee

Act whereby the timelines prescribed by a citizen charter are

made statutory and binding on officials.

b) Capacity Building :

Capacity building measures are to be adopted for such

functionaries to identify Training Needs (TNA) and other

technical requirement of duties that they are required to

discharge. Fresh recruitments commensurate to the technical

qualification/experience are to be made by the UT, if there is

complete absence of the technical expertise needed for the

said services.

c) Empowered Committees :

The Authorities may also consider constituting ‘Empowered

Committees’ or ‘Peer Expert Groups’ for undertaking scrutiny

and approval. This committee can be manned as per the

requirement and area of more than one municipality can be

put under its jurisdiction. This has special significance for tall

buildings.

d) Simplification of Bye-laws :

The Building Bye-laws have been simplified for easy

comprehension of lay person as well as professionals involved

in developmental activities. The simplification process should

also include the process of application, the filling up of forms

and streamlining the process of application.

CHAPTER 4

PROCEDURE DURING CONSTRUCTION

4.1

Right to Inspect Construction :

4.1.1

Right to inspect construction at any time :

a) All buildings for which Building Permit is issued are subject

to inspection by the concerned officer and the authority

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

55

reserves the right to inspect such buildings at any time

during the period of construction without giving prior notice

of its intention to do so. Owner of the plot and/or any person

undertaking construction shall permit authorized officers of

the ULB/ULA to enter the plot and inspect the building for

the purpose of enforcing these Building Bye-laws.

b) The structural design, constructional standard etc.; of all

high-rise and tall buildings are required to be supervised

during construction at three stages at (1) foundation, (2)

plinth stage/ground floor and (3) upper floor/roofing stage in

the manner described below :

c) The individual/promoter is required to get his construction

checked at above mentioned three stages of construction by

the Authority. Necessary certificate in the format prescribed

by the Authority shall be submitted to the BPIA at each stage

before proceeding with next stage of construction. Next

stage of construction shall not be proceeded with unless

certificate of completion of preceding stage is examined and

cleared by Authority. The clearance through “Go-ahead

Certificate” at each sage shall be issued by Authority within

seven working days from the date of receipt of completion

certificate at each stage. Failure to comply with this

provision shall be deemed that the building permission has

been revoked.

4.1.2

Information to be prominently displayed on Site :

It shall be the responsibility of the owner to erect a notice board

on the plot displaying key information pertaining to the building

within 15 working days of issue of Building Permit. The notice

board should be prominently visible, easily readable and should

be located next to the primary access to the plot. The notice

board/s should be maintained for the entire Period of

Construction up to issue or grant of Building Use Permit. Failure

to comply with this Building Bye-law may result in revocation of

the Building Permit.

4.1.3

Documents and Drawings to be maintained on Site :

It shall be the responsibility of the owner for the building to keep

all the documents and drawings approved on the site, at all times

56

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

after issuing Notice of Commencement of Construction to the

Authority up to the issue or grant of Building Use Permit. These

documents should be made available to any authorized officer of

the Authority inspecting the site for the purpose of enforcing

these Building Bye-laws. Failure to comply with this Building

Bye-laws may result in revocation of the Building Permit.

4.1.4

Reducing Inconvenience and Ensuring Safety during

Construction :

It shall be the responsibility of the owner to certify that no

building material, building equipment or building debris is

stacked, stored, left or disposed of outside the plot for which

Building Permit has been granted, on any public street or space.

Failure to comply with this Building Bye-law may warrant

penalties on the owner of the plot. The levy of penalties shall be

notified separately.

4.1.5

Barricading the Plot during Period of Construction :

It shall be the responsibility of the owner to ensure that plot on

which construction is being undertaken, is adequately

barricaded. Specifications for barricading the plot shall be

adhered to strictly. Failure to comply with this Building

Bye-laws may warrant penalties on the owner of the plot for not

providing adequate barricading of the plot during Period of

Construction.

4.1.6

No Damage or Undue Inconvenience during Construction :

a) It shall be the responsibility of the owner to undertake all

necessary measures to ensure that no damage is caused to

adjoining properties due to construction.

b) It shall also be the responsibility of the owner to undertake

all

necessary

measures

to

ensure

that

no

undue

inconvenience is caused to the public, due to factors such as

noise, dust, smell or vibrations.

c) It shall also be the responsibility of the owner to undertake

all necessary measures to ensure that traffic is not disrupted

due to construction.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

57

d) It shall be the responsibility of the owner to carry out all

instructions given in writing by authorized officers of the

Authority as the case may be to ensure public safety and

reduce inconvenience.

e) Failure to comply with this Building Bye-law may warrant

penalty as prescribed by Authority for violation of any of the

sub-rule. However, before levy of penalty, an opportunity of

being heard shall be provided to owner of the plot.

4.1.7

BPIA Not Liable for Ensuring Safety during Construction :

The owner shall be responsible for ensuring that all necessary

measures for safety for all are taken on site. Grant of Building

Permit, Permit to Use Abutting Street for Construction, grant of

Building Use Permit for part of a building, or issuing of any

instructions to ensure public safety or reduce inconvenience,

does not render the Authority liable for any injury, damage or

loss whatsoever that may be caused to any one in or around the

area during the Period of Construction. In all such cases owner

shall be wholly and solely responsible.

4.1.8

Notice for Commencement of Construction :

The owner of the building shall notify the Authority of his

intention to commence construction at least 7 days prior to

commencing construction by filing a Notice of Commencement

of Construction in the format prescribed by the Authority. This

shall not be applicable to self-use homes.

4.1.9

Authority to be notified of Progress of Construction:

The owner shall be responsible for notifying the BPIA of the

progress of construction. Notices of Progress of Construction

shall be made in the format prescribed by the Authority.

4.1.10 Permit to Proceed with Construction Required :

No construction shall be undertaken after filing Notice of

Progress of Construction. A Permit to Proceed with

Construction from the Authority is required to undertake further

work. Permit to Proceed with Construction shall be issued in the

format prescribed by the Authority. Application for grant of

Permit to Proceed with Construction shall be made in the format

prescribed along with Notice of Progress of Construction.

58

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

4.1.11 Grant or Refusal of Permit to Proceed with Construction :

a)

The Authority may undertake inspection of construction

for compliance to sanctioned design and specifications. In

the case that the Authority decides to inspect site of

construction, it shall communicate the date and time of

inspection to the owner of the building within 5 working

days of receipt of Notice of Progress of Construction.

b)

In case BPIA does not communicate decision to inspect

construction site within 5 working days of receipt of

Notice of Permit to Proceed with Construction shall be

deemed to have been granted by the Authority unless

otherwise communicated, and construction may be

undertaken on the site for building.

c)

If the Authority undertakes inspection and is satisfied that

the construction of the building complies with the

sanctioned design and specifications, it shall grant a

Permit to Proceed with Construction and further

construction may be undertaken on the building.

d)

If the construction is found not to comply with sanctioned

design and specifications, it shall communicate queries

regarding the construction and/or directions to ensure

compliance to the owner within 5 working days of the date

of inspection. The owner shall be responsible for ensuring

compliance to such directions as may be issued. Failure to

comply with directions, as may be issued by the Authority

may result in revocation of the Building Permit.

e)

In case BPIA does not communicate queries regarding the

construction and/or directions to ensure compliance within

7 working days of the date of inspection, Permit to

Proceed with Construction shall be deemed to have been

granted and the construction may be undertaken on the

building.

f)

The owner shall respond to queries and notify the

Authority of having undertaken compliant modifications.

If the Authority is satisfied that the construction of the

building complies with the sanctioned design and

specifications, it shall grant a Permit to Proceed with

Construction and further construction may be undertaken

on the building.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

59

4.1.12 Offences and Penalties :

Penalties for not complying with Building Bye-laws/Regulations

shall be stipulated by the BPIA. Failure to notify the BPIA

before commencing construction may result in levy of penalty,

which shall be decided by the BPIA.

The BPIA may also levy the penalties on defaulting officials for

deviating from prescribed timelines for clearance from the

agencies. The penalties for the delay will be notified separately.

CHAPTER 5

DEVELOPMENT CONTROL/ZONING REGULATIONS

5.1

Land-Use Zoning :

5.1.1

Land Use and Uses Permitted :

The proposed land use Plan in the respective Master Plans/Zonal

Development Plans should be referred for the land use of a given

land parcel.

All the towns should have a master plan and in case of towns not

having even the draft master plans, towns should have a coarse

land use plan which will be called a structure plan. The structure

plan will also delineate the core area of all towns/

municipalities/area of council.

5.1.2

Proposed Zoning :

Table No. 5—1 Proposed Zoning

Sr.

No.

Code

Description of Uses in the reference code

1

2

3

Residential (R)

1.

R1

Detached Dwelling units, Semi-Detached Dwelling

units, RoW Houses, Common Places (such as

community Parks), Convenience Shop (Single shop),

Meditation/ Yoga Centre.

2.

R2

Low Rise Apartments, Farm House, Cottage industries

(not involving the use of or installation of any kind and

which create noise, vibration, fume, dust etc. and shall

60

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

1

2

3

not be permitted in tenement dwellings, flats, playfield,

garden), Gyms, Orphanages, Old-age Home, Paying

Guest House, Part Portion of Residential Building for

Office use by Professionals such as Advocates, Doctors,

Architects, Engineers, CA, Hostel, Dharmshala, Single

Room Occupancy, Pre-School, Boarding and Lodging

(accommodation for transit employees of Govt./Local

bodies), Medical and Pet clinics, Dispensary, plant

nursery, Library, Common Places (such as community

Parks), Convenience Shop (Single shop), Religious

structures, Atta Chakki.

3.

R3

Group Housing, Flats/High Rise Apartments, Affordable

Housing,

Cottage

Industries,

Plotted

Residential

Development, Residential flat, Common Places (such as

community Parks), Multi-level Parking.

Commercial (C) :

4.

C1

Retail Shops (such as Bakery/Confectionary items,

Grocery/General store, Dairy products, stationary,

books, Gifts/Book binding, Cyber cafe/Phone booth,

LPG

booking

office/LPG

showroom

excluding

cylinders, Laundry/Dry cleaning/Ironing shops, Sweet

shops, Pan shops, Tea/Coffee shops, Chemist/Medicine

shops, Optical shops, Home Appliances/Electronic

repair shops, Photo studio, Cable/DTH office, Cycle

Repairs shops, Ration and kerosene distribution shops,

Vegetables/Fruits/Flowers/Mutton shops/Poultry stalls,

Photocopy/FAX/STD PCO, Computer Service centres,

Hair

cutting

saloons/Beauty

Parlour,

Tailor

shop/Boutique, Newspaper shops, Ticket Booking shops,

ATM, Eateries shops excluding sitting provisions,

Audio-video libraries, Mobile phone shops, courier),

Retail Clusters/Shopping clusters, Common Places (such

as community Parks), clinic, Pet Clinic, Vet Clinic,

offices of professionals (like advocates, doctors,

architects, engineers, chartered accountant, town planner

etc.), power looms up to 2HP.

5.

C2

Pathology Laboratory, Scanning Centres, Kerosene

Depots, Hotels, Restaurants, Corporate offices, Call

centres, Training centres, Recreational clubs, Social

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

61

1

2

3

clubs, Medical and Pet Clinics, Fitness centres, Nursing

home, Maternity home, LPG Retail outlet, Information

Technology

activity

centres,

Hardware

shops,

Departmental stores, Guest House, Professional offices,

Taxi stand/three-wheeler stand, Conference Hall,

Commercial complex, Yoga Centre, Education Coaching

centre, Banks.

6.

C3

Shopping Mall, Convention centres, Public Community

hall, Museum, Entertainment and Amusement centres,

Hospitals, Development activity centres related to

Information Technology, Exhibition centres, Godowns,

Financial institutions, Restaurants, Hotels (All types

excluding hotels *rated 4 and 5), Motels, Sports

complex, Swimming pools, Agro-based mandis, Fruits

mandis, Vegetable mandis, Junk yards, Cold storage,

Goods markets, Petrol Pumps, Workshops, Garages,

Auto service stations, Charging stations for Electrical

Vehicles, CNG Filling stations, Theatre, Pollution free

Small and Medium Scale Industry including MSME,

Conference

Hall,

Multi-level

Parking,

Education

Coaching centre, Commercial and Corporate offices,

Banks, power looms up to 10 HP, Junk Yards (on

internal roads only), Agro Mandis.

7.

C4

Hotels with *4 and 5 Ratings, Banquet halls,

Commercial Complexes, Wholesale market, Timber

mart, Cinema and Multiplexes, Godowns.

8.

C5

Auditorium, Planetarium, Stadium, Warehouses, Weigh

Bridge, Heavy goods markets.

Public, Semi-public/Institutional (PSP) :

9.

PSP1 Play-Way Schools, Creches, Preschools, Primary

schools, PHC, clinic, Dispensary, Sub-offices of Govt.

utilities, Police Post, Common Places (such as

community Parks, Gardens), Banks.

10.

PSP2 Middle Schools, High Schools, Higher Secondary

schools, Integrated Residential schools, School for

Mentally/Physically Challenged, Police stations, Post

62

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

1

2

3

offices,

Hostels,

Spastic

Rehabilitation

Centres,

Orphanages, Govt. Dispensaries, Nursing Homes,

Hospital up to 20 Bed, Public Library, Community hall,

Public distribution system shops, Bill collection Centres,

Traffic and Transport related offices, Exclusive places of

worship, Social and welfare centres, Local Municipal

facilities, Art Galleries, Museum, Police Station, Fire

Sub-Station, Zonal Level Govt. Utilities, Common

Places (such as community Parks, Gardens).

11.

PSP3 Colleges, Civil Hospital, Hospital more than 20 Bed,

Hospital for infectious diseases, Mental Hospital, Parks

and playgrounds Maidans and Stadiums, Dharmshalas,

Hostels, Dhobi Ghat, Place of worship along with

ancillary uses, Higher Educational Institutions, Colleges,

Fire stations, Govt. Buildings, Auditoriums, Cultural

complexes, Fire stations, Broadcasting and Transmission

stations. Jails, Police headquarters, Police lines, Solid

waste

dumping grounds/sites, Bus and Railway

passenger terminals, Monuments, Exhibition centres,

open air theatre, Recreational clubs, Court, Universities,

Polytechnic, Specialized educational institute, All Govt.

Uses, Common Places (such as community Parks,

Gardens),

Multi-level

Parking,

Office

without

Commercial Activity.

12.

PSP4 Medical College and Research centre, Universities and

Deemed Universities.

Mix Land Use (M) :

13.

M

All activities in the mixed used zone as given in the

table 5-2.

Recreational Use (RC) :

14.

RC

Public Parks, Gardens, Botanical Gardens, Sports

Related Activities, Open Spaces, Water Sports, Golf

Course, Amusement Park, Recreational Club.

Agricultural/Urban Agriculture Use (Ag) :

15.

Ag

Agriculture, Horticulture, Dairy, Poultry Farm, Plant

Nurseries, Agro-based Industries excluding hazardous

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

63

1

2

3

chemicals, cottage industries, dwelling of the people

engaged in farm (rural settlement), Farm house, Solar

Project, Windmill, public utilities, flour mills.

The following uses shall be allowed in favour of

bona fide residents of the village with last 20 years

ownership of land:—

Residential house, convenient shops, work centre,

Atta Chakki, clinics/dispensary, school, repair shop,

cold storage and rice shellar. This is subject to

production of documentary proof.

Transportation and Communication (TC) :

16.

TC

This land use is meant for roads, bus stands, bus

terminal, Parking, Multi-Level Parking, railway station,

railway line and airport, Communication establishments,

Integrated Freight. Complex (Wholesale shops and

subsidiary storage capacity, Parking facilities, Godowns,

cold storage, Service/repair facilities, Rest/recreation for

drivers, Weighing Bridges, Office space, Facilities like

banking, postal truckers, etc. required for business

transactions, Amenities for wholesales, truckers and

their employees, Areas for shops, eating houses and

other service, establishment, Provision of lighting, water

supply and garbage, sewerage disposal), Hostel, Guest

House, Boarding House and Lodging House, Filling-

cum-Service Station, Filling Station, Compressed

Natural Gas (CNG) Dairy Station, Petrol Pumps and

Service Stations, workshops and garages for LMV and

HMV, Warehouse, storage depots, truck terminals.

Industries Use (ID)—Minimum RoW of the road shall be 12 m or

as per prescribed guidelines of Industries and Commerce

Department :

17.

ID1

All type of Light, Service Industries, Small Factories,

Warehouses, Newspaper Printing Press, Concrete

Batching Plant, stone cutting and polishing, Poultry

Farm, Dairy, Assembly Plant, Filling station.

64

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

1

2

3

18.

ID2

All Industries except Hazardous Industries, Junk Yard,

Textile Units, Ice Factory, Quarrying of Stone,

Quarrying of Gravel, Quarrying of Clay, Dumping of

Solid Waste, Non-obnoxious and Non-Hazardous

Industry.

19.

ID3

Slaughter House, Meat Processing Units, Leather

Processing Units, Cold Storage, flour mills.

20.

ID4

Fuel Storage, Storage of inflammable materials, Thermal

Power Plant, Power Plant, Gas Plant, Storage of

Hazardous Materials, Hazardous Industries, Chemical

Industries, Obnoxious and Hazardous Uses, Dying

House.

Conservation Use (CG) :

21.

CG

It is an environmentally conserved land use where no

building

construction

is

permitted

like

Forest,

Vegetation, Dense Plantation, Rivers, Water Bodies and

green buffer.

5.1.3

Permissible and Non-Permissible Uses as per Use-Zones as

per the Existing Road Width :

Table No. 5—2 Permissible and Non-permissible Uses as per-

Zone

P—Permissible, NP—Not permissible, CA—Uses Permissible

on approval by BPIA Authority.

(Only following list of Activities are Permissible and Non-

Permissible for the local/notified Area) :—

S.

No.

Activi-

ties

ROW

(m)

B/L (m)

Use-Zones

F.S.B.

(m)

R

Zone

M

Zone

C

Zone

RC

Zone

T

Zone

PSP

Zone

1

2

3

4

5

6

1.

R1 (i)

3.0

3.0

P

P

P

NP

P

P

1.5

2.

R1 (ii)

4.5

4.0

P

P

P

NP

P

P

1.8

3.

R1 (iii)

6.0

5.5

P

P

P

NP

P

P

2.5

4.

R2

9.0

8.0

P

P

P

NP

P

P

3.5

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

65

1

2

3

4

5

6

5.

R3

12.0

11

P

P

P

NP

NP

NP

5.0

6.

C1

9.0

8

P

P

P

NP

P

P

3.5

7.

C2

12.0

11

P

P

P

NP

P

NP

5.0

8.

C3

15.0

13.5

NP

P

P

NP

NP

NP

6.0

9.

C4

18.0

16

NP

P

P

NP

NP

NP

7.0

10.

C5

24.0

19.0

NP

NP

P

NP

NP

NP

7.0

11.

PSP1

9.0

8

P

P

P

NP

P

P

7.0

12.

PSP2

12.0

11

P

P

P

NP

P

P

7.0

13.

PSP3

15.0

18.5

P

P

P

NP

P

P

7.0

14.

PSP4

24.0

21.5

NP

NP

NP

NP

NP

P

7.0

15.

RC

All

As

applicable

road

category

P

P

P

P

P

P

As

applicable

road

category

16.

30.0

22.0

The

activities

will

be

permissible

as

above

and

guided by minimum road width

requirement.

7.0

17.

36.0

25.0

7.0

18.

50.0

32.0

7.0

19.

60.0

37.0

7.0

Note:—Whichever is more shall be applicable w.r.t. Building

lines/ROWs.

P

Permitted

NP

Not Permitted

B/L

Building line (From centre of

abutting road)

FSB

Front Set Back

RoW

Right of Way

Retail Shops:

• In R zone, Commercial and professional and other office activities

shall be permissible with maximum coverage up to 1/3rd of

permitted FAR.

66

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

• The below mentioned shall be categorized as Retail Shops :—

Bakery/Confectioneries items, Grocery/General Store, Daily

Products, Stationary/Books/Gifts/Book binding, Cyber Café/Phone

booth, L.P.G. booking office/L.P.G. showroom excluding cylinder,

Pan shop, Laundry/Dry cleaning/Ironing shop, Sweet Shop/Tea

Shop excluding seating provisions, Chemists/Medicine shop,

Optical shop, Home Appliances/Electronic Repair shop, Photo

Studio, Cable/DTH office, Cycle Repair shop, Under Public

Distribution System shops for Ration and Kerosine Distribution

Shops, Vegetables/Fruits/Flower shops, Photocopy/Fax/STD-PCO,

Haircutting/Beauty Parlour, Tailor shop/Boutique.

Notes:—

I.

No development shall be permitted in area designated for water

body, pond and Talav excluding River-front Development.

Setbacks to be maintained from a designated water body shall be

as per Regulation for Conservation Zone (CG) of these

regulations.

II.

The land designated for public purposes, the uses shall be

permissible as per the requirements of concerned department.

III.

For all Zones,—

Ø If the line of a zone divides a building unit, the maximum

permissible F.A.R. available on either part of such building

unit shall be as per the respective Zones.

Ø Such a building unit may be developed separately as per the

regulations of the respective zones or as a contiguous

development utilizing the combined maximum permissible

F.A.R. in the part of the building unit which lies in the zone

with higher F.A.R.

IV.

Public Utilities and Facilities shall be permitted in any Zone.

V.

In the local areas where the mixed land use zones are not defined

in the land use plan of the master plan, the concerned Authority

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

67

shall unequivocally notify the roads for mixed land use along with

the extant vis-à-vis the mixed land use zone in the table 5-2.

VI.

For buildings above 21 m height shall have front setback of 1/3rd

of the height of building or building line of the road whichever is

more.

5.1.4

Circumstances under which Existing Non-Conforming Uses

will be allowed to continue :

Existing non-conforming uses may continue in the following

circumstances:—

a)

Any lawful use of land or building premises existing before

coming into force of these Regulations may be allowed to

continue, if it does not conform to the use provisions of these

Regulations provided that such non-conforming use is not

extended or enlarged.

b)

In case a building accommodating any non-conforming use,

collapses or is pulled down or is dismantled, any new

building on such site shall conform to these Regulations and

to the land use regulations prescribed in these Regulations.

c)

In case of alteration work in a building, the permission shall

be given only after giving setbacks and building line for

proposed roads as per these Regulations.

5.1.5

Development on Kabrastan, burial ground etc. :

The land occupied by the graveyards, Kabrastan, burial grounds,

crematoria and allied actions in the local area shall be kept

permanently open. BPIA may permit structures to be built for

specific purpose as ancillary use.

5.2

Development Control Regulations :

5.2.1

Minimum Space/Plot Area requirements, Maximum Ground

Coverage, Setbacks/Setbacks, Permissible Floor Area Ratio

(FAR) and Maximum Height.

68

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

5.2.1.1

The regulations for Residential Use in terms of Plot Area,

Ground Coverage, FAR and Setbacks shall be as given

below:—

Table No. 5—3

A. Minimum Setbacks/Setbacks, Maximum Ground Coverage and

No. of Storeys as per Plot Area Range for R1, R2 categories of

Residential Use.

S.

No.

Area

(In Sq. m)

Max.

Ground

Coverage

No. of

Storeys

Type of

Const.

Set Back Limits

(Minimum) in metres

Front

Rear Side

Side

1.

Up to 75

75%

G+2

RoW

Shall be as per table No. 5—2

0

0

0

2.

Above

75—125

75%

G+2

RoW

1.5

0

0

3.

Above

125—275

65%

G+2

RoW

2.0

0

0

4.

Above

275—350

55%

G+2

Semi-

detached

2.0

2.0

0

5.

Above

350—450

50%

G+2

Semi-

detached

2.0

2.0

0

6.

Above

450—600

45%

G+2

Detached

3.0

3.0

2.0

7.

Above

600—1000

40%

G+2

Detached

3.0

3.0

2.0

8.

Above

1000

35%

G+2

Detached

3.0

3.0

2.0

Note:—

I. No side setbacks shall be required in plots or irregular

proportions/dimensions up to the width of 10M, minimum rear

setback of 1M shall be permitted in cases where depth of such

irregular plots is up to 12M. However, there shall be no change

in permissible ground coverage, No. of storeys and height of the

building as given in the table above.

II. The maximum height of a residential house shall not be more

than 12m. Height of each storey in a residential house shall not

be less than 3M, staircase mumty height up to 2.5m shall be in

addition to G+2 storeys permissible.

III. Total habitable floor area shall not be in any case more than

three times the allowable ground coverage.

IV. To cater to this parking requirement in individual plotted

residential houses, stilt floor shall be allowed within the building

envelope and shall be exclusively used for parking for roads 6 m

and above.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

69

V. Any area within building envelope provided for parking on

ground shall not be counted in covered floor area and the same

area shall be allowed for habitable purpose on 3rd floor.

VI. In case stilt parking is provided within building envelope in

combination with ground floor, the area under parking shall be

allowed for habitation on 3rd floor. Height of stilt floor in this

case shall not be more than 3m.

VII. Basements shall not be allowed in row housing, but single

basement shall be allowed in detached and semi-detached

housing subject to fulfilment of basement norms as per National

Building Code.

VIII. Basements in individual plotted housing shall be counted

towards FAR and ground coverage.

IX. Single basement shall be allowed within the building envelope

ensuring structural safety with maximum height of 3.0 m from

finished floor to soffit of beam.

X. Porches up to an area of 17 Sqm shall be allowed in side

setbacks only and no construction over such porches shall be

allowed.

XI. Areas under porch shall be calculated @ 50% for coverage.

XII. Stilt floor shall be allowed on roads not less than 6.0 m Width.

B. Regulations for R3—Group Housing (Flatted Development)

S.No.

Plot Area

(Sq. m)

Max. Ground

Coverage

Max. FAR and

Dwelling Units

per ha

Max. Height (m)

Min. Setbacks

Rear & Both sides

(Each Side)

Tower to Tower

Distance

1. 4000—

8000

30%

175

Height to

be

regulated

by Fire and

Emergency

Equipment

available.

1/3rd of height

of building or

7.5m or building

line of the

abutting road

whichever is

more.

Minimum 6M

all around up to

40 m height and

minimum 9m

allround above

40m height.

2.

Above

8000

30%

225

1/3rd of height.

of building or

7.5

m

or

building line of

the

abutting

road whichever

is more.

Minimum

6M

all around up to

40 m height and

minimum 9 m

all round above

40m height.

70

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

Note:—

I. The Group Housing Scheme shall be subject to Reservation

Policy for EWS/LIG Housing for Urban Poor as per J&K

Housing, Affordable Housing, Slum Redevelopment and

Rehabilitation and Township Policy, 2020.

II. F. A. R./Density required for EWS shall not be counted in

overall FAR of the Group Housing Scheme and shall be

subject to the fulfilment of parking norms for EWS as well if

provided within the Group Housing Scheme. Allotment under

EWS scheme shall be made strictly as per the J&K Housing,

Affordable Housing, Slum Redevelopment and Rehabilitation

and Township Policy, 2020.

III. Bye-laws for affordable housing shall be as per J&K Housing,

Affordable Housing, Slum Redevelopment and Rehabilitation

and Township Policy, 2020.

IV. Maximum Commercial/Public, Semi-public use in Group

Housing/Flatted Development shall be 10% of the total

site/scheme area.

V. Security room may be allowed at the entrance gate up to a

maximum built up area of 30 Sqm (up to 3.5m height) after

maintaining the RoW of road and shall be counted as FAR.

VI. Minimum floor height from finished floor for any habitable

space shall be 2.75m.

VII. Built up area (Unit Area) of apartment for calculation of ECS

shall be excluding common service areas. Any service area

within apartment shall be counted in built up area. Balconies

and Verandas shall be counted @ 50% in FAR.

VIII. If there are any bends or curves on the approach road within

the plot, a sufficient width shall be provided at the curve to

enable the fire tenders to turn, the turning circle being at least

of 9.0 m radius. Where entry to the plot is through a slip road

the gate width shall not be less than 9.0 m for entry of the fire-

fighting appliances.

IX. The internal access to the building within the plot and open

spaces on its all sides shall not be less than 6 m width and the

layout for the same shall be done in consultation with Chief

Fire Officer, Fire Service and the same shall be reinforced to

ensure safety of the fire equipment and capable of taking the

weight of Fire Engine, weighing up to 45 tons. The said open

space shall be kept free of obstructions and shall be

motorable.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

71

X. Main entrances to the premises shall be of 9.0 m width to

allow easy access to the fire engine and in no case, it shall

measure less than 6 m. The entrance gate shall fold back

against the compound wall of the premises, thus leaving the

exterior access way within the plot free for movement of fire

service vehicles. If archway is provided over the main

entrance the height of the archway shall not be at a height less

than 5m.

XI. The catalogue for sale of apartments shall be similar to the

basic plan approved by the Authority.

XII. No deviation in the plan shall be allowed once the apartments

are sold in part or whole.

XIII. No common areas like corridors, stairs, lifts, lobbies shall be

allowed to be sold to a particular person or a group of persons

after the apartments are sold in part or whole.

XIV. No apartment holder shall be allowed to have extra rights on

common spaces.

XV. Common spaces shall include all green spaces, children’s

parks, play grounds, sports facilities, areas which are of

common use of the apartment owners forming part of the

sanctioned plan under bye-laws of the Authority.

XVI. Any additional space not counted in the permissible floor

space shall also be treated as common areas.

XVII. Designated parking spaces shall be allotted to apartment

holders.

XVIII. Height Exemptions:

a. Roof tanks and their supports not exceeding 1.0 m. in

height.

b. Ventilating, air conditioning and lift rooms and similar

service equipment.

c. Stair covered with mumty not exceeding 3.00 m. in

height.

d. Chimneys and parapet wall and architectural features not

exceeding 1.50 m. in height unless the aggregate area of

such structures exceeds 1/3rd of the roof area of the

building on which they are erected. All such appurtenant

structures shall be camouflaged to achieve streamlined

aesthetics.

72

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

C. Regulations for Housing Colonies (plotted)

a)

A group or a group of persons or a co-operative society or firm

intending to plot out an estate into more than 4 plots shall give

notice in writing to the BPIA which will be accompanied by a

layout plan of entire land showing the areas allotted for roads,

open spaces, plot and public buildings, the specification of the

roads, drains and other infrastructures.

b) Roads, drains, water mains and electric lines required for the

colony shall be constructed by the developer at his own cost and

no plot shall be eligible for any services and utilities by the govt.

and/or Municipal Corporation unless the colony is developed

properly and approved by the BPIA, and no building plan shall

be considered by the municipality or prescribed authority in any

plot of such a colony which has not received the prior approval

of the BPIA. Developer in this case will mean the person,

co-operative or the firm intending to plot out the land into more

than 4 plots.

c) Land use of the layout plan approved by the BPIA shall not be

changed unless with the prior consent of the BPIA.

d) Open spaces allocated for parks, playfields, utility sites/buildings

in a colony shall be deemed to have been sold along with the

plots as amenity of the colony by the developer to the plot

holders of the colony. The development of such open spaces

shall be the responsibility of the developer.

e) No permission shall be accorded for construction of a building in

any notified area which shall cause nuisance by way of odour,

smoke, noise or disturbance to inhabitants of the locality or be

injurious to health of the residents of the buildings or to the

inhabitants in the surrounding areas.

f) Norms for Colonies up to 1.0 Hectare:

Land Distribution

1.

Min. Approach Road

9.0 m.

2.

Internal Roads

Width of Means of Access

(m)

Length of Means of

Access (m) Max

6.0

75

7.5

150

3.

Area under Roads

Min. 12%

4.

Area under Green

Min. 10%

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

73

5.

Residential Area

Max. 70%

6.

Commercial/PSP Area

Max. 5%

g) Norms for Colonies above 1 Hectare up to 4 Hectare:

Land Distribution

7.

Min. Approach Road

12.0 m.

8.

Internal Roads

Width of Means of Access

(m)

Length of Means of

Access (m) Max.

6.0

75

7.5

150

9.0

250

9.

Area under Roads

Min. 12%

10. Area under Green

Min. 10%

11. Residential Area

Max. 70%

12. Commercial/PSP Area

Max. 10%

5.2.1.2

The regulations for Commercial and Public, Semi-Public

building use in terms of Space/Plot area, Ground Coverage,

FAR, Height and Setbacks/setbacks shall be as under :—

Table No. 5—4

•

Maximum Building Height and Minimum Setbacks

Note:—WEIM = Whichever is more, NA = Not Allowed/Applicable, B. L= Building Line

Commercial

S.

No.

Building

Use

Plot Area

(Sq. m)

Ground Coverage

(%)

FAR

Max.

Height.

(m)

Min. Setbacks (m)

Front

Rear

Side

Side

1

2

3

4

5

6

7

8

9

10

1.

Single

Shop

Up to

100

70

210

12

(G+2)

Shall be as

per Table

No. 5—2

N

N

N

Note:—Shopping permissible on G+1 only. Basement shall not be allowed.

2. Shopping

Cluster

Above

100—

300

60

180

14

Shall be as

per Table

No. 5—2

3.0

3.0

N

Note:—Shopping permissible on G+1 only. Basement shall not be allowed.

74

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

1

2

3

4

5

6

7

8

9

10

Above

300—

750

50

180

14

Shall be as

per Table

No. 5—2

3.0

3.0

N

Note:—Single Basement within the building envelope shall be allowed as specified

in the basement norms. Stilt floors within the building envelope shall be allowed

for parking only.

3. Commer-

cial

Complex

Above

750—

2000

45

180

20

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

3.0

3.0

Note:—Single Basement within the building envelope shall be allowed as specified

in the basement norms. Stilt floors within the building envelope shall be allowed

for parking only.

Above

2000—

4000

40

180

25

Shall be as

per Table

No. 5—2

6.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

6.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

6.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

Note:—Double basements if used for parking shall be allowed as specified in the

basement norms. Stilt floors within the building envelope shall be allowed.

Above

4000

35

180

Height to

be regul-

ated by

Fire and

Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

6.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

6.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

6.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

Note:—Three basements if used for parking shall be allowed as specified in the

basement norms. Stilt floors within the building envelope shall be allowed.

4. Cinemas/

Cineplex

Min.

4000

50

150

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

1/3rd of

Building

Ht.

1/3rd of

Building

Ht.

1/3rd of

Building

Ht.

Note:—Three basements if used for parking shall be allowed as specified in the

basement norms. Stilt floors within the building envelope shall be allowed.

Canteen/food court up to15% of FAR shall be allowed.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

75

1

2

3

4

5

6

7

8

9

10

5. Hotel

1000-

2500

40

180

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

1/3rd of

height of

building

or 6 m

(W.E.I.M)

1/3rd of

height of

building

or 6 m

(W.E.I.M)

1/3rd of

height of

building

or 6 m

(W.E.I.M)

Note:—5% of permissible FAR for party hall and 3% permissible FAR for

Conference hall shall be allowed.

For Conference halls/party halls/bars/restaurants etc. (Excluding entrance hotel

lobby/atrium) min parking @ 1.5 ECS for 10 Sqm shall be provided.

Double basements if used for parking shall be allowed as specified in the basement

norms. Stilt floors within the building envelope shall be allowed.

Above

2500

30

200

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

1/3rd of

height of

building

or 6M

(W.E.I.M)

1/3rd of

height of

building

or 6M

(W.E.I.M)

1/3rd of

height of

building

or 6M

(W.E.I.M)

Note:—5% of permissible FAR for party hall and 3% permissible FAR for

Conference hall shall be allowed. For plots more than 12K facilities like banquet

hall shall be allowed with parking provision as per banquet norms.

For Conference halls/party halls/bars/restaurants etc. (Excluding entrance hotel

lobby/atrium) min parking @ 1.5 ECS for 10 Sqm shall be provided.

Three basements if used for parking shall be allowed as specified in the basement

norms. Stilt floors within the building envelope shall be allowed.

6. Mall-

cum-

Multiplex

Min.

5000

40

200

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

1/3rd of

height of

building

or 3M

(W.E.I.M)

1/3rd of

height of

building

or 3M

(W.E.I.M)

1/3rd of

height of

building

or 3M

(W.E.I.M)

Note:—For halls/party halls min parking @ 1.5 ECS for 10 Sqm shall be provided.

Three level basements if used for parking shall be allowed as specified in the

basement norms. Stilt floors within the building envelope shall be allowed.

76

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

1

2

3

4

5

6

7

8

9

10

7. Janjghar/

Comm-

unity

Center/

Banquet

Hall

Min.

6000

30

60

12

Shall be as

per Table

No. 5—2

1/3rd of

height of

building

or 6M

(W.E.I.M)

1/3rd of

height of

building

or 6M

(W.E.I.M)

1/3rd of

height of

building

or 6M

(W.E.I.M)

Note:—Double basements shall be allowed. Basements should be allowed for

parking only. In case of sloping roof, no activity shall be allowed in the attic space.

Security room may be allowed at the entrance gate up to a maximum built up area

of 15 Sqm (up to 3.5M height) after maintaining the RoW of road and shall be

included in FAR. Parking shall not be allowed in proposed RoW of roads.

Bore-wells and power-driven water pumps shall not be allowed in construction sites

or in any building without license and proper permission from the competent

authorities.

8. Ware-

housing,

Storage

Vegetable

s & Fruit

Mandis

Min.

25000

25

100

15

Shall be as

per Table

No. 5—2

9.0

9.0

9.0

9. Multi-

Level

Parking

Min.

2000

66

-

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

Note:—Minimum number of car parking space shall be 50. Terrace/Roof Top

Parking shall be allowed with proper protection to the satisfaction of concerned

Authority.

In order to compensate the cost of Multi-Level Parking, a maximum 25% of Gross

Permissible Floor Area may be utilized as Commercial/Office space.

Maximum FAR proposed for commercial spaces shall be 100 (excluding parking

areas). In addition to requisite parking space required for commercial developed

within the Multi-Level Parking complex (@ 3 ECS/100 Sq. m). Three times

additional space for parking components shall be provided.

Three basements shall be allowed for parking as specified in the basement norms.

Maximum height shall be restricted to permissible height of the land use in which

the plot falls.

Shops/Offices/Commercial spaces shall be allowed on ground and first floor, only

for rehabilitation of project affected persons in Government comprehensive

schemes.

In case of Government comprehensive schemes, development controls including

height shall be as per approved scheme.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

77

1

2

3

4

5

6

7

8

9

10

INDUSTRIAL USE

10. Flatted

Group

Industry

and

Service

Centre

Min. 2000

30

120

20

Shall be as

per Table

No. 5—2

1/3rd of

height of

building

or 6M

(W.E.I.M)

1/3rd of

height of

building

or 6M

(W.E.I.M)

1/3rd of

height of

building

or 6M

(W.E.I.M)

Note:—Basement up to the building envelop line to the maximum extent of 50%

plot area shall be allowed and if used for parking and services should not be

counted in FAR.

11. Light and

Service

Industry

100 up to

500

60

120

12

Shall be as

per Table

No. 5—2

3.0

3.0

N

500 up to

4000

55

125

12

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

4000 up to

12000

50

115

12

Shall be as

per Table

No. 5—2

6.0

6.0

6.0

Above

12000

45

100

12

Shall be as

per Table

No. 5—2

6.0

6.0

6.0

Note:—Maximum floors allowed shall be basement, ground floor and 1st floors;

basement should be below ground floor and to the maximum extent of ground

coverage shall be counted in FAR. In case the basement is not constructed, the

permissible FAR can be achieved on the second floor. In case of truss, height of

building should be adjusted/relaxed.

12. Extensive

Industry

400 up to

4000

50

100

9

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

4000 up to

12000

45

90

9

Shall be as

per Table

No. 5—2

6.0

6.0

6.0

12000 up to

28000

40

80

9

Shall be as

per Table

No. 5—2

7.0

7.0

7.0

Above

28000

30

60

9

Shall be as

per Table

No. 5—2

8.0

8.0

8.0

Note:—Single Storey building with basement is allowed. Basement shall be below

the ground level and the maximum extent of the ground coverage and shall not be

counted in FAR. In case of truss, height. of building should be adjusted/relaxed.

78

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

1

2

3

4

5

6

7

8

9

10

Height relaxation can be considered by the content Authority for specialized

industries requiring more height.

PUBLIC AND SEMI-PUBLIC/INSTITUTIONAL USE

13. Offices:

General/

Govern-

ment

Office/

Inte-

grated

Office

Complex

-

30

210

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

Note:—The integrated office complex shall include Central Government Office,

Local Government Office, Public Undertaking Offices and Courts.

Maximum up to three basements within the building envelope. Stilt floors within

the building envelope shall be allowed. Minimum plot area for offices shall be 500

Sqm. These norms shall not apply on basic/important infrastructure/utilities to be

created by Government and shall be as per the Government policies.

Educational

14. Pre-

Nursery/

Creches

As per Residential use Norms.

Note:—Pre-Primary Schools/Nursery Schools/Montessori Schools/Creche, Play

Schools, may be permissible in residential use.

15. Nursery

School

Min. 750 33.33

100

Ht. as per

land use

but not

exceeding

15m

Shall be as

per Table

No. 5—2

3.0 or

B.L.

(W.E.I.M)

3.0 or B.L.

(W.E.I.M)

3.0 or B.L.

(W.E.I.M)

Note:—Stilt floors within the building envelope shall be allowed. Basements shall

not be allowed.

16. Primary

School

Min. 2000

33

120

15

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

17. Middle

School

Min. 4000

33

115

15

Shall be as

per Table

no. 5—2

3.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

79

1

2

3

4

5

6

7

8

9

10

18. High/

Higher

Secon-

dary

School

Min. 7500

35

140

18

Shall be as

per Table

No. 5—2

4.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

4.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

4.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

19. College

Min. 30000

25

100

18

Shall be as

per Table

No. 5—2

5.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

5.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

5.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

20. Educat-

ional and

Research

Centre/

Univer-

sities

Min. 80000

Academic including Administration (45% of the total land area).

-

30

120

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

10.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

10.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

10.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

Residential (25% of the total land area.

-

Regulations of Group Housing shall be followed subject to provision of

density of 400 PPHa gross and land shall be reserved for residential

facilities @ 9.2 Sq. m. per person.

Sports and Cultural Activities (15% of the total land area).

-

10

15

-

Shall be as

per Table

No. 5—2

10.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

10.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

10.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

Parks and Landscape Areas (15% of the total land area).

-

Suitable landscape plan to be prepared for this area.

Note:—Stilt floors within the building envelope shall be allowed. Double basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

80

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

1

2

3

4

5

6

7

8

9

10

Health

21. Hospital

Min. 6000

40

250

when

RoW

less

than

25m

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

300

when

RoW

more

than

25m

Note:—Maximum 10% ground coverage shall be allowed for providing atrium and

shall be free from FAR. In case, additional ground coverage for atrium is utilized

25% of the utilized ground coverage shall be counted toward FAR. Common areas

such as waiting halls, reception and fire stair cases shall be allowed free from FAR.

Service floor of height 1.8m shall not be counted in FAR. The setbacks/regulations

are subject to fire safety norms.

Multi-Level Parking shall be permissible to the extent of building envelope lines,

free from FAR and ground coverage to facilitate ample parking in spaces, subject to

structural safety.

22. Health

Centre/

Nursing

Home

Min. 1000

30

100

26

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

Notes:—Multi-level basements within the building envelope shall be allowed as

specified in the basement norms. Basements/stilt floors if used for parking shall not

be counted in FAR. Max.

Plot area for all Hospital/Tertiary Health Care Centre would be worked out @ 80

sq.m. of gross floor area per bed. However, for other health facilities like

Maternity/Nursing homes, Family Welfare and other centres, the plot area would be

worked out @ 60 sq.m. of gross floor area per bed.

Maximum up to 300 sq. m. of floor area shall be allowed to be used for community

space/religious shrine/crèche/chemist shop/bank counter on Hospital sites and also

Medical College/Nursing and Paramedic institutes sites.

Other Controls :

In case of super specialty medical facilities/hospitals duly certified as such by the

BPIA, the gross area shall be worked out @ up to 125 sq. m. per bed.

In case of existing premises/sites, the enhanced FAR shall be permitted, subject to

payment of charges as may be prescribed by the Authority/land owning agency and

other clearances.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

81

1

2

3

4

5

6

7

8

9

10

Basement after utilization for Parking; Services Requirements such as air

conditioning plant and equipment, water storage, boiler, electric sub-station, HT. &

LT panel rooms, transformer compartment, control room, pump house, generator

room; staff locker room, staff changing room, staff dining facilities without kitchen

facility, Central sterile supply dept., back end office; Other Mechanical Services;

Installation of Electrical and fire-fighting equipment’s; and other services like

kitchen, laundry and radiology lab and other essential services required for the

maintenance/functioning of the building may be used for healthcare facilities with

prior approval of the concerned agencies.

Other controls related to basements etc. are given in end of this chapter.

The bed count of a Health Facility may be allowed as per permissible FAR.

Environment clearances shall be made mandatory considering that bio-wastes are

generated. Environment clearances are mandatory as per the prevailing regulations

related to the environment.

Zero discharge for sewerage shall be enforced at the cost of the promoters and post

treatment water can be used by premises for its needs of horticulture, flushing,

coolant tower, washing or disposal to other construction sites. These issues

concerned the local bodies and can be dealt accordingly as per existing regulations

as the time of sanctioning the plan.

The additional power requirements shall be met by power supply from grid and till

such time by means of suitable captive generation.

23. Radio

Diagno-

stic

Centre/

Microbio-

logical/

Patho-

logical

Laborat-

ories

Min. 500

30

100 15 without

stilt

18 with

stilt

Shall be as

per Table

No. 5—2

3.0 or

B.L.

(W.E.I.M)

3.0 or B.L.

(W.E.I.M)

3.0 or B.L.

(W.E.I.M)

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

Facilities and Amenities

24. Religious

Premises

Min. 750

35

70

12

(Exclud-

ing

Minars

Shikharas

or Domes)

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht..

3.0 or

1/3rd of

Building

Ht..

3.0 or

1/3rd of

Building

Ht.

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

25. Police

Post

Min. 250

35

100

12

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht.

3.0 or

1/3rd of

Building

Ht..

3.0 or

1/3rd of

Building

Ht.

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

82

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

1

2

3

4

5

6

7

8

9

10

26. Police

Station

Min. 1000

30

150

26

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht.

3.0 or

1/3rd of

Building

Ht.

3.0 or

1/3rd of

Building

Ht.

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

25 % of the plot area may be used for housing the staff and the regulations of group

housing shall be applicable to the area meant for housing.

27. Post &

Tele-

graph

Office/

Bank

Min. 250

25

100

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht.

3.0 or

1/3rd of

Building

Ht.

3.0 or

1/3rd of

Building

Ht.

Note:—Stilt floors within the building envelope shall be allowed. Multi-level

basement within the building envelope shall be allowed for parking as specified in

the basement norms.

28. General

(Public &

Semi-

Public

Premises)

Min. 500

25

100

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht.

3.0 or

1/3rd of

Building

Ht.

3.0 or

1/3rd of

Building

Ht.

Note:—Stilt floors within the building envelope shall be allowed. Double basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

Other controls:

Up to 25% of maximum FAR can be utilized for residential use of essential staff in

fire station.

Up to 15% of maximum FAR can be utilized for residential use/hostel for essential

staff and student accommodation, in Fire Training Institute/College.

Other controls related to basements etc. are as per regulations.

29. Fire

Station

Min. 2000

30

120

26

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht.

3.0 or

1/3rd of

Building

Ht.

3.0 or

1/3rd of

Building

Ht.

Note:—Stilt floors within the building envelope shall be allowed. Double basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

Other controls:

Up to 25% of maximum FAR can be utilized for residential use of essential staff in

fire station.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

83

1

2

3

4

5

6

7

8

9

10

Up to 15% of maximum FAR can be utilized for residential use/hostel for essential

staff and student accommodation, in Fire Training Institute/College.

Other controls related to basements etc. are as per regulations.

Non-Residential Premises

30. Hostel

Min. 750

30

120

15

Shall be as

per Table

No. 5—2

1/3rd of

Building

Ht.

1/3rd of

Building

Ht.

1/3rd of

Building

Ht.

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

31. Guest

House,

Boarding

House or

Lodging

House

Min. 500

30

120

18

Shall be as

per Table

No. 5—2

1/3rd of

Building

Ht.

1/3rd of

Building

Ht.

1/3rd of

Building

Ht.

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

Other Uses

Petrol Pumps:

The general regulations for Petrol Pumps shall be as per guidelines issued by Ministry of Road,

Transport & Highways.

•

New petrol pump shall not be located on any road having R/W less than 15 m

32. Filling

Station

The

frontage &

depth of the

plot shall

be as per

guide-lines

issued by

Ministry of

Road,

Transport

& High-

ways.

10

10

6

Shall be as

per Table

No. 5—2

N

N

N

Filling

Cum

Service

Station

20

20

6

Shall be as

per Table

No. 5—2

N

N

N

Comp-

ressed

Natural

Gas

(CNG)

Mother

Station

20

20

4.5

Shall be as

per Table

No. 5—2

N

N

N

Other Regulations:

Shall be accepted to explosive/Fire Dept. Ground Coverage will exclude canopy

area. Mezzanine if provided will be counted in FAR.

84

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

Note:—

• The height. of stilt should be maximum 3.0 m below soffit of

beam.

• In case stilt parking is provided within commercial or PSP

building envelope in combination with ground floor. Height of

stilt floor in this case shall not be more than 3.0 m. below beam

soffit.

5.2.1.3

Relaxation in Floor Area Ratio (FAR):

In case of Building‐units affected by road widening or

construction of new road, the owner may claim FAR from the

BPIA as a compensation for the surrendered land. In case of

FAR, the BPIA shall permit the FAR of any such land/plot or

Building‐unit on the basis of the original boundary of the

Building Unit. This is subject to conformity with all other

requirements mentioned in these Regulations as per the new

boundary. Before securing Development Permission on any such

Building‐units, owner shall have to surrender the affected land

which shall be calculated as follows:—

Compensation as TDR = Surrendered Land (sq. m.) x Base

F.A.R. x 2.

5.2.1.4

Areas not counted towards computation of FAR

Following areas shall not be counted towards computation of

FAR :—

1. The area under lift wells, service ducts, machine room for

lifts, water tanks, escalator, lift lobby, fire escapes, ramps and

service ducts.

2. Parking areas, parking floors, mechanized parking areas,

porch, service floors, podiums.

3. Basement if used for parking.

4. Corridors, arcades, lobbies, mumty, staircases, entrance

lobbies or foyers, atrium which is not used for commercial

activity, pump room and two watchmen hut each not

exceeding 6 sq. ms.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

85

5. Provided that in commercial use premises, the area of foyer(s)

or entrance lobby(ies) located on the ground floor which

exceeds 20% of permissible ground coverage shall be counted

in the FAR.

Notes:—

1. In cases where building proposal approved prior to these

Regulations are proposed to avail the balance development

rights not exceeding the total permissible FAR as per these

regulations shall be permitted by utilizing the TDR and by

payment of Premium.

2. In case of land parcels affected by the road widening or land

acquisition for public purpose uses, the owner shall have right

to use TDR provided in form of compensation as an

additional F.A.R. of the surrendered land, on the same

land/building parcel or shall be allowed to sell the F.A.R. as

per TDR policy.

3. In case if TDR is not available through private owner then

plot owner will have an option to avail additional FAR.

4. Road Side Setback in a Land-Parcel shall be regulated by the

Road width it abuts.

5. For Redevelopment parcels, sides & Rear Setbacks shall be

minimum of 6m or 1/3rd of the abutting building height,

whichever is more.

6. For Land-Parcel with two or more abutting roads, the Road-

side Setback/setback as per the building line shall be

applicable on all such abutting sides. This Regulation shall be

applicable for all Land-Parcels or as mentioned in Master

Plans/Zonal Development Plans.

5.2.1.5

Permissible Uses in Setbacks :

1. Residential Zone—

a.

Ancillary uses such as Car Porch shall be permitted as a

part of the permissible FAR as already given of the

Building Unit, in side or rear Setback but in no case in

Road-side Setbacks; with maximum permissible ground

coverage of 17 sq. m. and maximum permissible height

of 3.0 m.

86

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

b.

Open cantilever staircase with maximum width of 1.00 m

and landing space of maximum 2.00 Sq. m at floor level

shall be permitted in side or rear Setbacks except on road

side Setback.

c.

Doors, windows or projections shall not be permitted

along the common wall of the adjoining property.

d.

No rainwater from the roof shall be drained in the

adjoining property.

e.

Partition wall shall be allowed along the Building Unit

boundary on common boundary of semi-detached

building and on Setback between two structures up to a

maximum height. of 1.5 ms.

2. For Residential Zone Building Uses: Underground water tank,

percolation well, bore well and pump room with a maximum

size of 2ms X 2ms and with a maximum depth of 2ms.

3. Vehicular Ramp connecting ground level with basement level

shall be permitted in side and/or rear Setback only.

4. For a building-unit using Setback for providing electrical

infrastructure such as substation, underground water tanks

shall be allowed on only one Setback side except Road-side

Setback. The other Setbacks shall be kept clear and accessible

at ground level.

5. Electrical Infrastructure: Electrical Sub-station, Transformer

room, Box-type transformer, Section Feeder Pillar, Auxiliary

Power Back-up System and M. room according to the norms

of the Competent Electric Company shall be permitted in

Setback except Road-side Setback of the Building-unit. The

area of such construction shall not be counted towards FAR.

6. Fire Escape Open Staircase for Building with height more

than 30ms: Fire Escape Staircase required shall be permitted

in Setback except road-side Setback and subject to free

movement of fire tender.

7. Pedestrian Ramp shall be permissible in Setback at Ground

Floor Level only.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

87

8. Parking shall be permitted in Setbacks except in Approach

Road.

9. Parking shall be permitted in Setbacks except in Approach

Road.

10. In any Setback open space, weather sheds, sun breakers

horizontal or vertical projections shall be permitted up to 0.60

m. These projections may also be part of the facade

articulation at various levels, but shall in no cases be at the

floor level such that they become a part of the habitable

space. Such projections shall be allowed above a minimum

height of 2.4ms from the ground level.

5.2.1.6

Restricted Use in Setbacks :

1. The required Setback open spaces except permissible uses as

per Regulation 5.2.1.5 shall be kept permanently open to sky.

2. This space shall not be used for stocking materials or loose

articles for the purpose of trade or otherwise, putting up fixed

or movable platforms.

3. Parking shall not be allowed in the Setback provided as

approach road.

4. Vehicular ramp leading to parking in floors above ground

level shall not be permitted in the Setback.

5. Pedestrian ramps connecting ground floor with upper floors

shall not be permitted in the Setbacks.

5.2.1.7

General Basement Requirements :

In a Building-unit, the Basement shall be permitted on the

following conditions:

A. Setbacks :

1. Basement shall be permitted on plot abutting Minimum Road

width 12 m or above and coverage up to Building Envelop

only.

2. Basement shall be permitted on plot having minimum plot

width 18 m or more.

3. Basement shall be permitted in the building envelop only.

B. Height of Basement:

1. Maximum Height of the Basement below soffit of beam shall

be 3.0m.

2. Height of first basement above ground level will be maximum

1.5 m below the roof slab. Where stilt or podium parking is

88

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

permitted, the first basement roof will be levelled with the

ground.

C. Permissible Uses in Basement :

1. Permitted uses in Basement are parking, safe deposit vault,

A.C. Plant, storage other than inflammable material, Sewage

Treatment Plant.

2. No habitable use shall be permitted in the basement.

3. Permitted uses in Basement of a Hospital Building:

Radiation-producing device, Radiation Therapy Room, MRI

or X-Ray room. This shall be permissible only if the

basement layout is not shown as parking for approval.

4. For basements exclusively for parking, any other permissible

use is permitted only in basement level-1 up to a maximum

area of 10% of the total built-up area of the basement floor.

This non-parking area shall be calculated towards the

computation of FAR.

5.2.2

Parking :

5.2.2.1

Private Parking (On the plot) :

5.2.2.1.1 General Requirements for Parking :

1. Parking requirement for a Mixed-Use development shall be

calculated on pro rata basis of the FAR consumed specific to

the different uses.

2. Parking is permitted at any floor level above ground and at

more levels or basement as per required parking, with

provision of vehicular ramp/mechanized means/car lifts.

3. Parking area includes parking space, driveway and aisles but

excludes approach road, vehicular lift and vehicular ramps.

4. Parking layouts with minimum size requirements for parking

space, driveways and access lanes shall be provided as

mentioned ahead.

5. Parking shall be permitted in side or rear Setbacks except in

Approach Road as per Regulation 5.2.1.5.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

89

6. Parking area should be retained as effective parking space and

shall be maintained with light and ventilation system if

provided in an enclosed area.

7. In cases where misuse of parking space is noticed, the use of

the entire building shall be discontinued by the BPIA.

Building use shall be permitted only after the required

parking spaces are provided. High penalty shall be levied

considering the period of misuse of the parking space and the

benefit derived out of misuse as decided by the BPIA from

time to time.

8. If parking is provided on a terrace with vehicular elevator,

vehicular ramp is not necessary if parking space is provided

with provision of floor sprinklers.

9. Parking shall not be permitted within an Atrium.

10. At the time of approval an agreement/affidavit regarding the

areas in basement/stilts/open shown for parking shall be

furnished by the applicant to the concerned authority

mentioning that aforesaid part (parking) shall not be sold to

any body and it shall remain for parking only, this area shall

remain in joint possession of the occupants of the building. In

case of violation concerned authority will be authorized to

demolish any such construction with or without prior notice.

5.2.2.1.2 General Space Requirement for Parking :

1. Location

The parking spaces can be provided in basement or on a floor

supported by stilts or on upper floors/podium and uncovered

spaces in a plot. However, no parking spaces will be

permitted in the Setback open spaces as required to be

provided as per Regulation No. 5.2.4.7 & 5.2.4.8.

2. The deck parking inclusive of car lifts & passages shall be

counted in FAR.

90

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

3. Area of Parking Space: The area of parking spaces shall be

provided as given below:—

Table No. 5—5 Parking requirements

S.

No.

Use

Parking requirement

1

2

3

1

Residential

Residential (R1) for

Plots more than 50

sq. m.

Minimum

Parking

requirement

for

individual plotted housing shall be

calculated @ 0.25 ECS for every

40 Sq. m. of built-up area.

Group Housing

• Up to 50 Sq. m/EWS 0.25 ECS

• Above 50 Sq. m to less than 100 Sq. m

0.5 ECS

• From 100 Sq. m up to 120 Sq. m

1.0 ECS

• Above 120 Sq. m up to 180 Sq. m

1.5 ECS

• Above 180 Sq. m 2.0 ECS

2

Commercial

Single Shop

• 2.0 ECS/100 Sq. m F.A. (if F.A.

exceeds 50 sq.m)

Shopping Cluster

• 2.0 ECS/100 Sq. m F.A.

Commercial

Complex

• 2.0 ECS/100 Sq. m F.A. up to plot area

4000 Sq. m

• 2.5 ECS/100 Sq. m F.A. above 4000

Sq. m plot area

Cinema/Cineplex

• 1 ECS for 3 seats of Cinema

• 2 ECS/100 Sq. m F.A. for other uses

incidental to Cinema/Cineplex

Hotel

• 1 ECS for 3 Guest Rooms

• 2 ECS/100 Sq. m F.A. for other uses

incidental to Hotel

• For Conference Halls/Party Halls/Bars/

Restaurant (excluding entrance Hotel

lobby/Atrium) min. parking @ 1.5

ECS/10 Sq. m shall be provided

Mall/Multiplexes

• 1 ECS for 3 seats of Cinema

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

91

1

2

3

• 2 ECS/100 Sq. m for additional area

under

uses

incidental

to

Malls/

Multiplexes

• For Party Halls min. parking @1.5ECS

for 10 Sq. m shall be provided

Banquet

Hall/Community

Centre/Janjghar

For plots min. 6000 Sq. m up to less than

10000 Sq. m

• Min. 150 ECS up to 1000 Sq. m of

built-up area.

• For more than 1000 Sq. m an additional

parking @ 1.5 ECS/10 Sq. m shall be

provided.

For plots above 10000 Sq. m

• In addition to above category, an

additional parking @ 6 ECS/500 Sq. m

plot area shall be provided

Restaurant/Fast

Food Bar

1.0 ECS for every 3 seats

3.

Public-Semi-public/Institutional Use

Offices:

General/Government

Offices/Integrated

Office Complex

• 2.0 ECS/100 Sq. m F.A.

4.

Education

Primary/Middle/

Secondary & Hr.

Sec. schools

•

For the Administrative & public Area

of the School 1.5 ECS per 100 Sq. m

built-up area or part thereof.

•

For Every 3 Class Room-1 LCV

College/Research

Centre

• For the Administrative & public Area

of the School 1.5 ECS per 100 Sq. m

built-up area or part thereof.

• For Every 3 Class Room-1 LCV &

1ECS

Coaching Classes

For every 20 Students-1 ECS

5.

Hospitals/Health

Centre/Nursing

Home/Radio

Diagnostic

Centre/

Microbiological/

pathological

• 2.0 ECS/100 Sq. m F.A.

92

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

1

2

3

6.

Religious Premises

• 1 ECS/100 Sq. m F.A.

7.

Police Post/Police

Station/Fire

Station/Post &

Telegram

Office/Bank/General

Public-Semi-Public

Premises

• 2.0 ECS/100 Sq. m F.A.

8.

Hostel

• 1.5 ECS/100 Sq. m F.A.

9.

Guest House,

Boarding House and

Lodging House

• 2.0 ECS/100 Sq. m F.A.

ECS value shall be taken as:

S.

No

On Ground

Basement

Stilts

Mechanized

Rotating

1

18.0 Sq. m/ECS

28.0 Sq. m/

ECS

23.0 Sq. m/

ECS

16.0 Sq. m

5.0 Sq. m

•

For Four-wheeler :

1. Basement parking shall be permitted on plot abutting

Minimum Road width 12 m or above.

2. Basement parking shall be permitted on plot having minimum

plot width 18 m or more and minimum plot depth 20 m or

more.

3. Side and Rear Setbacks for Basement parking shall be as per

Regulation 5.2.4.1, 5.2.4.2.

4. Minimum driveway 4.5 m for one-way circulation, 6 m for

two-way circulation.

5. Minimum Four-wheeler bay size shall be 2.5 m x 5 m.

6. The height of basements from floor to ceiling shall be as per

Regulation no. 5.2.4.7. The ramp within Setbacks shall be

permissible subject to free and convenient movement of fire

tender.

7. Adequate fire safety, light and ventilation and air change

through mechanical means shall be provided.

8. Permissible uses in basements shall be as per Regulation

No. 5.2.4.7.

9. Basement parking can also be Mechanized instead of

conventional ramps.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

93

10. Combination of two-wheeler and four-wheeler vehicle

parking shall be allowed.

5.2.2.1.3

Common Parking Space :

If the total parking space as required by these Regulations is

provided by a group of property owners for their mutual benefit

within a distance of 500 m from their property, such common

use of space for parking may be construed as meeting the off-

street parking requirements under these Regulations subject to

the approval of the concerned area authority. If such common

parking space is proposed for a group of buildings, the owners of

such buildings shall submit a layout thereof and also a registered

undertaking stating that the area earmarked for the parking space

will not be built upon and will be utilized for parking purpose

only.

5.2.2.1.4 Parking for Non-Motorized Vehicular Zone (NMV

Zones) :

For NMV Zones required parking space shall be provided as

per Regulation No. 5.2.5.1.2 in the premises itself. If the

required parking space cannot be provided, then plot owners

can pay parking facility charges as per Regulation No. 5.2.7.5.

5.2.3

Premium/Charges

for

Mixed-use,

Commercial-Use,

Additional F.A.R. & Parking in Respective Zones:

Table No. 5—6 Premium/Charges

Particulars

R

M

C

PSP

Value Capture Fund

Applicable

Applicable

Applicable

Applicable

Mixed-Use (annually)

(as

per

regulation

No. 5.2.4.4

Applicable

N.A.

N.A.

N.A.

Commercial-Use (one

time)

(as

per

regulation No. 5.2.4.2)

N.A.

Applicable

Applicable

N.A.

Additional

F.A.R.

(one-time)

(as

per

regulation No. 5.2.4.3)

N.A.

Applicable

Applicable

Applicable

Parking

Charges

(one-time)

(as

per

regulation No. 5.2.4.5)

Applicable

Applicable

Applicable

Applicable

Amalgamation

Charges

(one-time)

(as per regulation No.

5.2.4.6)

Applicable

Applicable

Applicable

Applicable

94

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

5.2.4

Value Capture Finance :

Following are the Value Capture Finance Methods and

Regulations respectively.

5.2.4.1

Value Capture Fund :

1.

Value Capture Fund is applicable on Influence Zone.

Influence Zone will be 60 m on either side of RoW

developed for public transport system and the roads must be

with RoW 18 m and above.

2.

For the properties abutting to the road as prescribed above,

the Value Capture Fund should be at the rate of 3% on

Stamp Duty Rate.

3.

For the properties which are not abutting the road and

backside of the road facing properties, the fees shall be at the

rate of 1.5% on Stamp Duty Rate.

4.

The above fees shall be charged at the time of building

permission by Implementing Agency.

5.2.4.2

Commercial Use Charges :

1.

These are the charges for the Commercial use, shall be taken

as premium on FAR and shall be payable once.

2.

These charges shall be applicable for M Zone and C Zone.

3.

Commercial use charges will be calculated as—

Total payable Fee = (Plot/Land area) x (Consumed FAR) x

(land value, Prevailing collector rate) x 0.03.

5.2.4.3

Premium on additional FAR :

1.

These are the charges for additional Floor Area Ratio (FAR)

and shall be payable once.

2.

These charges shall be applicable for R-C zone, C zone, PSP

Zone.

3.

The additional FAR permitted shall not exceed the FAR as

permitted.

4.

An application for availing additional Floor Area Ratio

(FAR) shall be made to the BPIA. Such application shall be

accompanied by the requisite documents and a fee of

Rs. 5000. The BPIA after examination of the application

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

95

may allow additional floor area ratio to the applicant to the

extent permitted in rule hereinabove.

5.

The application for grant of additional FAR shall be

considered only in case the plot in question is a part of a

layout plan duly approved by the BPIA.

6.

Premium on Additional FAR will be calculated as

follows :—

= (Purchased Additional FAR in Sqm.) x (25% of the

prevailing Stamp Duty Rate)

7.

The Sale/Purchase or Transfer of development rights shall be

as per the Government Policy and regulations.

8.

After purchase of additional FAR, Authority will issue the

certificate of extra FAR purchased from the Authority. Only

after getting the certificate, the property owner will get the

building permission for additional FAR.

5.2.4.4

Premium on Mixed use :

1.

These are the charges for the Mixed use (non-residential use)

in the residential use if allowed in Master Plan and shall be

payable annually.

2.

These charges shall be applicable for R Zone.

3.

Premium on Mixed Use will be calculated as follows.

4.

Total payable amount: (Prevailing Stamp Duty Rate (per

Sqm) x 0.01 x (Total Area used as non-residential).

5.

As per the mixed-use policy, use of non-residential activity

in residential building shall pay the above prescribed charges

before building permission. These charges shall be paid

before building permission.

6.

Any mixed use which is in existence in residential area, the

owner shall get the revised approval from BPIA within 2

years from the date of notification of these regulations. If the

owner fails to get the revised permission then, owner will be

penalized 5 times the additional charges for the mixed use

for the period after the date of notification.

7.

These mixed-use charges which will be deposited with the

ULB, the particular amount will be used for infrastructure

development and parking development.

96

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

8.

The ULB has a right to inspect, penalize the properties

which are under mixed use category.

5.2.4.5

Premium on Parking :

These charges shall be applicable for R Zone, M zone, C zone,

PSP Zone.

If required parking space cannot be provided due to plot size

constraints, then plot owners can pay parking facility charges as

follow:

Parking Charges = (Prevailing Stamp Duty Rate) x 25% x (Total

Required Parking Area)

5.2.4.6

Premium on Plot amalgamation (Subject to Policy) :

These charges shall be applicable for R-Zone, M zone, C zone,

PSP Zone.

Plot amalgamation charges will be calculated as

1.

For R.—Zone

Premium = (Total amalgamated

land in Sqm) x Rs. 100

2.

For M-Zone & C-Zone

Premium = (Total amalgamated

land in Sqm) x Rs. 200

3.

For PSP-Zone

Premium = (Total amalgamated

land in Sqm) x Rs. 50

5.2.4.7

Design consideration for Streets :

1.

Provision of Footpaths on all streets, except on traffic

calmed small streets.

2.

Footpath shall be continuous, unobstructed and minimum

width shall be as per figure below.

3.

Provision of Bus Stops (Shall not create hindrance for

pedestrians) and Safe pedestrian crossings near Bus stops.

4.

Provision of unobstructed Street Furniture’s.

5.

Litter/Trash bin.

6.

Informatory and cautionary signages (as per IRC guidelines).

7.

Space for Public toilet (unobstructed).

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

97

8.

All the Underground utilities for e. g. : storm water drainage,

sewerage lines, water pipe line, telecom line etc. shall be as

per section proposed in the annexure.

9.

Road markings (as per IRC guidelines).

Note:—Refer and follow Street Design as per IRC guidelines for

detail design regulations.

5.2.5

Regulations for Environmentally Conservation Green Zone

(CG) :

1.

It is an environmentally conserved land-use where no

building construction is permitted.

2.

Development activities within this zone shall confirm to the

regulations given hereunder :—

a. The green buffer along the Nallas/Rivers or the open

space along the River/tributary shall be minimum 30 m

from the highest water level or as provided in the master

plan/zonal development plan or as provided under Water

Regulatory Act, whichever is more.

b. Development

of

road/mechanized

parking/off-street

parking shall be permissible in this zone by the BPIA.

c. Plantation and sit outs, shall be permissible within this

zone by the BPIA.

d. Development permissions for Recreational activities or

sightseeing areas shall be given in these regulations

within this zone by the BPIA.

e. Structures of historical/heritage importance in this zone

shall be preserved. Any restoration works needed to be

carried out shall be encouraged with the permission of the

BPIA.

f. Existing building coming within this zone shall not be

allowed to add any additional coverage or F.A.R.

5.2.6

Regulations for Redevelopment Parcels :

The following regulations are applicable for the Redevelopment

land parcels.

98

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

5.2.6.1

Permissible Uses :

5.2.6.1.1

Permissible

Uses

for

Redevelopment

area

lying

indominant zone :

Permissible uses and Non-Permissible uses shall be as per the

dominant zone on which the Redevelopment Parcel lies and

shall be as per Regulations no. 5.1.3 above.

1. The percentage of permissible uses allowed on Total

Built-up area of Redevelopment Parcel shall be as per

Table below:—

Table No. 5—7 Permissible uses of a Redevelopment Parcel lying

on specified predominant land-use

S.

No.

Permissible

Use

Percentage of Permissible uses on Total Built-up

area of Redevelopment Parcel

If, it

lies

in

Predominantly

Residential zone

If,

it

lies

in

Predominantly

Commercial zone

1.

Residential

70 %

40%

2.

Commercial

20%

50%

3.

PSP

10%

10%

Note:—

1. Area under PSP may be accommodated in Residential or

Commercial as per requirement.

5.2.6.1.2 Permissible Uses by Road width :

The Minimum width of the abutting road shall not be less than

15 M for redevelopment parcels.

5.2.6.2

Development of Land :

1.

Minimum area of the land/plot for redevelopment shall be

0.2 Hectare, plot may be owned by an individual/society or

pooled of different owners or by government body.

2.

Aforesaid plot/land for Redevelopment, must have planning

permission in which the city level circulation is coordinated,

essential provisions for sector/sub sector level amenities,

facilities, utilities and services and provision for informal

sector shall be ensured.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

99

3.

Development of Redevelopment Parcels shall be permissible

only if, minimum Plot width/Land Frontage is 30 m on the

abutting road with minimum width of not less than 18 m.

Note:—

Provision for economically weaker section shall be incorporated

in the Redevelopment Layouts as per JK Housing Policy, 2020

or the policy of the Government laid down from time to time.

5.2.6.3

Permissible Floor Area Ratio (FAR) For Redevelopment

Parcels :

1.

The base FAR for Redevelopment Parcel shall be as per

5.2.1.1 & 5.2.1.2.

2.

Additional FAR purchasable shall be as permitted by

Government.

3.

Area covered by Atrium and mezzanine floors shall be

counted towards computation of FAR.

5.2.6.4

Building Height for Redevelopment Parcels :

The Maximum Permissible Building Height shall be as per

provisions of Regulation No. 5.2.1.1 & 5.2.1.2 and regulated

according to the width of the road on which it abuts as

mentioned in the above-mentioned regulation.

5.2.6.5

Setbacks for Redevelopment Parcels

5.2.6.5.1

Road Side Setbacks for Redevelopment Parcels :

The Setbacks for any building development shall be as per

Regulation No. 5.2.1.1 & 5.2.1.2 whichever implies.

5.2.6.5.2

Minimum Setback between Buildings :

1.

Minimum distance between two buildings shall be 1/3rd the

height of taller building.

2.

If two buildings next to each other have different heights,

required Setback for taller building shall be applicable. For

example—if one building is of 25 ms and the adjacent

building is of 45ms in height, the minimum Setback between

these two buildings shall be 15.0 ms.

100 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

5.2.6.5.3

Permissible Ground Coverage :

1.

The maximum permissible ground coverage shall be 50%.

2.

Minimum Common Open Space of 10% shall be provided

and no edge of such open space shall be less than 7.5m.

5.2.6.6

Parking :

1.

The parking norms for Redevelopment parcels shall be as

per Regulation no. 5.2.5.1.2.

2.

Provision of individual parking shall be compulsorily

provided for every redevelopment land parcel.

5.2.7

Regulations for Urban Heritage Area

5.2.7.1

Applicability :

These Regulations will apply to those buildings, artefacts,

structures and/or precincts of historical and/or aesthetical and/or

architectural and/or cultural value.

5.2.7.2

Restriction on Development/Redevelopment/Repairs, Etc. :

1.

No development or redevelopment or engineering operations

or additions, alterations, repairs, renovation including the

painting of buildings, replacement of special features or

demolition of the whole or any part thereof or plastering of

listed/heritage buildings or listed Heritage precincts shall be

allowed except with the prior written permission of the BPIA

in consultation with the Heritage Conservation Committee to

be appointed by Government. The BPIA may overrule the

recommendations of the said Heritage Conservation

Committee by recording reasons in writing.

2.

In relation to religious buildings, the changes, repairs,

additions, alterations and renovations required on religious

grounds mentioned in sacred texts or as a part of holy

practices laid down in religious codes shall be treated as

permissible, subject to their being in accordance and

consonance with the original structure and architecture

designs, aesthetics and other special features thereof.

Provided that before arriving at his decision, the BPIA may

take into consideration the recommendations of the Heritage

Conservation Committee.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 101

3.

Identified and listed heritage building even under private

ownership will not be allowed to be demolished.

5.2.7.3

Power to Alter, Modify the List of Heritage Buildings and

Heritage Precincts :

The list of buildings, artefacts, structures and precincts of

Historical, and/or aesthetical and/or architectural and/or cultural

value to which this Regulations applies may be supplemented,

altered, deleted or modified from time to time by Government on

receipt of proposals from the BPIA or by the Government.

5.2.7.4

Grant of Transferable Development Rights in Case of Loss

of Development Rights :

If any application for development is refused under this

Regulations and conditions are imposed while permitting such

development which deprive the owner/lessee of any unconsumed

development rights, the said owner/lessee shall be compensated

by grant of Development Right. Certificate in terms of TDR as

per TDR policy. The extent of TDR permissible will be

difference between the permissible development rights on the

plot and the consumed BUA of the heritage structure. The grant

of TDR shall be subject to a contract between the owner/lessee

and concerned authority/development authority, binding the

owner/lessee to conserve the heritage building in a prescribed

manner.

5.2.7.5

Grading of The Listed Buildings/Listed Precincts :

The list of Heritage Building, Heritage precincts, “Grades” such

as “I”, or “II” will be formulated. The meaning of these Grades

and basic guidelines for development permissions are as follows:

Table No. 5—8 Grading of the Listed Buildings/Listed Precincts

S. No.

Grade-I

Grade-II

1

2

3

1.

Scope-Heritage Grade-I com-

prises building/precincts, of

regional or local importance,

possessing special architectural

or aesthetical merit or cultural

Heritage Grade-II comprises

of buildings and precincts

of importance for town scape,

they

evoke

architectural,

aesthetic or sociological interest

102 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

1

2

3

or historical value, though of a

lower order. They are local

landmarks contributing to the

image and identity of the city.

They may be the work of

master craftsmen or may be

models of proportion and

ornamentation, or designed to

suit particular climate within

the premises of Heritage

Grade-I buildings (open

space/compound) of which

independent/separate additional

building(s)/structure(s) may be

permitted to be constructed,

owing to the availability of

adequate surrounding open

space and unconsumed F.A.R.,

will be assigned as Grade-IB.

The remaining Grade -I

buildings will be assigned

Grade-IA.

though not as much as in

Heritage

Grade-I.

These

contribute to determine the

character of the locality, and

can be representative of a life

style of a particular community

or region and may also be

distinguished by setting of a

street-line or special character

of the facade and uniformity of

height, width and scale.

2.

Objective- Heritage Grade-I

deserves

intelligent

conser-

vation.

Heritage

Grade-II-Deserves

protection of unique features

and attributes.

3.

Scope

for

development-

Grade-IA:

In addition to the scope for

development permissible for

Grade-I, internal changes, and

adaptive reuse may be generally

allowed.

In

certain

circumstances, extension of a

External and internal changes

and

adaptive

reuse

would

generally be allowed. Changes

can

include

extensions/

additional buildings in the same

plot or compound provided that

extension/additional building is

in harmony with and does not

detract

from

the

existing

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 103

1

2

3

Grade-IA heritage building may

also be allowed; provided that

such extension shall be in

harmony with (and shall not

detract from) the Grade-IA

heritage building concerned or

precinct, especially in terms of

height and/or facade. External

changes too may be permitted,

subject to strict scrutiny. Care

should be taken to ensure the

conservation

of

all

special

aspects/features of Grade-IA

building concerned.

Grade-IB:

In addition to above, additional

building(s) in the same plot or

compound

may,

in

certain

circumstances,

be

allowed;

provided that, such additional

building(s) shall be in harmony

with (and shall not detract

from) the Grade-IA heritage

building(s)

or

precinct,

especially in terms of height

and/or

facade

and

such

buildings shall be termed as

Grade-IB heritage buildings.

heritage

building/precincts

especially in terms of height

and/or facade. Reconstruction

may be allowed when the

building is structurally weak or

unsafe or when it has been

affected by accidental fire or

any

other

calamity

or

if

reconstruction is required to

consume the permissible F.A.R.

and

no

option

other than

reconstruction is available.

Reconstruction may also be

allowed

in

case

of

those

buildings which attract the

provisions of reconstruction,

may

be

allowed

in

those

buildings

being

repaired/

reconstructed by Development

Authority.

However,

unless

absolutely

essential

nothing

should spoil or destroy any

special features or attributes for

which it is placed in the

Heritage List.

4.

Procedure:

Development permission would

be given by the Concerned

Development

Authority

in

consultation

with

Heritage

Conservation Committee.

Development permission would

be given by the concerned

authority in consonance with

guidelines to be laid down by

Government

in

consultation

with

Heritage

Conservation

Committee.

104 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

1

2

3

5.

Vistas/Surrounding

Development-All the develop-

ment in the areas surrounding

Heritage

Grade-I

shall

be

regulated

and

controlled,

ensuring

that

it

does

not

overshadow the grandeur of or

views

from

Heritage

Grade-I.

5.2.8

Urban Design Regulations

5.2.8.1

Corner Articulation :

Buildings located at the corner of intersection/T-intersection

plays an important role for Heritage Precinct Area as well as for

the entire Planning area. Hence such Buildings shall have to

provide a chamfer of 3m or rounded corner with 3m radius.

Figure 72 Corner articulation

5.2.8.2

Mandatory Building Line :

All developments on the streets shall follow existing dominant

front setback as suggested in this chapter.

General Note.

Table 5-9

Plinth Level (Ground Floor Finish

Level)

Consistent 300 mm from centre of

Road Line

Public Walkway Level

150 mm from centre of Road Line

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 105

Signage Height/Shop front Glass

Height

To be Consistent 3.0 m high from

Walkway Level with Clear Shop

Front Glass Height of 2.7 m

Min. Ground Floor Clear Height

3.0 m (Clear from Bottom of Slab

to Walkway Top of Finish)

Notes:—

1. Continuity of Street-Wall: All buildings to align with adjacent

building including Ground Floor Shop front.

2. Awning Projection: All Shop fronts to provide 1.5 m wide retractable

Awning of approved Design and Color to be fixed @ 3.2 m from

Road Level.

3. Signage: Signage should not be more than 300mm thick. Signage

Color for every Street shall be as per Advertisement Guidelines as

notified by concerned development authority.

4. No Projection is allowed in Right of Way Line/Setback Line, in case

there’s requirement of Balcony that should be designed as a

concealed/covered balcony within the setback limits.

5. Steps/ramps for approaching plinth shall not be allowed in the front

MOS.

5.2.8.3

Mandatory Facade guidelines :

After detail DPR for facade design guidelines for individual

street, owner shall mandatory follow the same.

5.2.8.4

Extensions to Existing Buildings :

The proposed extension should be developed with due

consideration its appearance and effect on the street scene, its

impact on the amenities of neighbouring buildings. The proposed

extensions should conform to Urban Design Guidelines for

respective Street.

In addition to the Urban Design Guideline for Particular Street,

the Proposed Extension to existing building should follow

additional guidelines as listed below relating to the size and

design of extensions, and the circumstances where extensions

are generally acceptable, are intended to act as a guide for

building owners. The design and layout of extensions should

reflect the design and proportions of the original building

106 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

particularly for building with Traditional Features and building

older than 15 years, for example:—

•

Doors and windows should reflect the size, style and

sill/lintel of the original.

•

Materials should match or be in harmony with those of the

original building.

•

If the original building had a pitched roof, proposed

extension/alteration should also have similar roof form.

•

Where an existing building is adjoining a road on two sides,

i.e., a corner plot, the extension should incorporate sufficient

space for turning radius of vehicles as defined by Guidelines.

5.2.8.5

Advertisements/Signage :

•

All Advertisement and Signage to be installed in Urban

Design Control Area would require permission from

concerned Planning Authority unless specific exemption is

provided in Guidelines. The following criteria will be

applied to all advertisements requiring planning permission.

•

Advertisement/Signage hoardings and free-standing signs

will not be allowed, except where they are installed on a

temporary basis, to screen vacant, untidy or under-

construction sites.

•

Advertisements/Signage on building should be of a scale and

design which relate to the style of the premises on which

they are to be displayed. Illuminated fascia signs should be

no deeper than 300 mm. The illumination of individual

letters is preferable to the illumination of the whole sign.

•

Advertisements/Signage on side walls and at first floor level

will not be allowed.

•

Projecting signs shall not be allowed except in certain

specific cases which would too should be restricted one sign

per building and should not project more than 750 mm

(including brackets). On illuminated signs, the letters only

should be illuminated. Such Projecting Signs should be

3.5 m above Road Level.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 107

•

Signs and advertisements on shop fronts will normally be

restricted to ground floor front wall area in the space

provided in the Urban Design Guidelines.

5.2.8.6

New Shop fronts/Renovated Buildings :

•

New shop fronts/Renovated Buildings should respect the

scale and design of the premises in which they are installed.

•

New shop fronts/Renovated Buildings should not involve the

removal or alteration of features which are of historical or

architectural interest.

•

Existing windows should not be enlarged above ground floor

level, nor should Ground Floor Façade theme extend above

the level of the first-floor window sills.

•

New Façade should not link multiple building units which

are individual and distinct.

•

In Commercial areas, where owner requires a roller shutter

then a roller grille should be provided in preference to a

solid roller shutter. The roller box housing should be

concealed where possible. Also, wherever possible Shutter

should be on the inside shop front/shop face such that Shop

front is visually accessible during closed hours.

5.2.8.7

Buildings in Heritage Zone :

•

The Authority expects the design of shop fronts and the

fronts of commercial premises, to be of a high standard in

Heritage Zone.

•

Materials used should be in keeping with the character of the

building.

•

Where a commercial Corporate Style is required it should be

adapted to particular building’s existing theme.

•

Stall risers should be retained or replaced where they have

previously been removed, as they provide a visual base to

the shop front. Stall riser can also act as Public Seating along

Vehicular Street and should be encouraged.

5.2.8.8

Advertisements in Heritage Zone :

•

Advertisements within Heritage Zone should be designed so

that they are in keeping with the character of the building

and the area as a whole.

108 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

•

Where illuminated advertisements should not be internally

illuminated but externally lit by spotlight Individually

illuminated letters may be acceptable.

•

Large/Modern illuminated signs and illuminated projecting

signs on listed buildings/Heritage Street shall not be allowed.

Advertisements should be of a size, design and of materials

that complement the character of the building/street.

5.2.8.9

Street Specific Guidelines :

•

Every street has its distinct character by its economic and

cultural value, it should be reflected by its design guidelines

like:

•

Some of the buildings with the distinct architecture style

should be preserved as it is with some modification in colour

and design if required.

•

Colour and design elements on building facade along with

signage colours should be inspired by local heritage building

in vicinity which will provide the street its legibility.

•

Design and colour of all the street and urban elements like

railing, street light poles, urban signage, benches, etc. should

be inspired from local heritage.

•

Building colour and paving on the road should respond to

each other.

CHAPTER 6

SPACE REQUIREMENT FOR DIFFERENT

PARTS OF BUILDING

6.1

Main Building :

The plinth of any part of a building or house shall be located

with respect to average road level of site so that adequate

drainage of the site is assured but not at a height less than

45 cm.—

(a)

Habitable rooms shall have minimum plinth height of

0.45 m from the ground level.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 109

(b)

Parking garage may have no plinth.

(c)

The ground floor of a building may be permitted on

stills/pillars instead of a solid plinth with a height of 2.4 m.

In case of slabs with beams height should not exceed

2.8 m. and further that this space shall at all the time

be kept free from any enclosure except for genuine

stair-case :

Provided further that an electric m room, room for

telephone D.B. bath-room, watch room, stair case room,

pump room, water closet, servant room, security cabin

may be permitted subject to maximum built up area of

15 Sq. m. allowed with a minimum plinth height of 30 cm

and this area shall not be considered towards computation

of FAR.

6.2

Interior courtyards, covered parking spaces and garages :

These shall be raised at least 15 cm above the surrounding ground

level and shall satisfactorily drained.

6.3

Habitable room size and width :

The minimum size and width shall be as given NBC-2016.

6.4

Non –residential Buildings :

The minimum area for office/room/shop or any other space to be

used as workspace shall not be less than 6.0 sq. m. with a

minimum width of 2.1 m.

6.5

Kitchen :

Any room to be used as kitchen shall have :

(a)

Unless separately provided in pantry, means for washing

of kitchen utensils, which shall lead directly or through

a sink to a grated and trapped -connection to the waste

pipe ;

(b)

An impermeable floor ;

110 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

(c)

At least a window not less than 1 Sq.m in area open

directly to an interior or exterior open space, but not into a

shaft ; and

(d)

In residential building 15 m. or more in height refuse

chutes.

6.6

Bathroom and W.C. :

Every bathroom or water closet shall—

(a)

Be so situated that at least one of its walls open to external

air and shall have a minimum opening in the form of

window or ventilation to the extent of 0.37 sq. m.

(b)

Not to be directly over any room other than another

latrine, washing place, bath or terrace unless it has a

watertight floor.

(c)

Have the platform or seat made of watertight non-

absorbent material.

(d)

Be enclosed by walls or partitions and the surface of every

such wall partition shall be finished with a smooth

impervious material to a height of not less than 1.0 m.

above the floor of such a room.

(e)

Be provided with an impervious floor covering, sloping

towards the drain with a suitable grade and not towards

Verandah or any other place.

(f)

Have a window or ventilator, opening to a shaft or open

space, of area not less than 0.3 Sq. m. with side not less

than 0.3 m.

(g)

No room containing water closets shall be used for any

purpose except as a lavatory.

(h)

Every water closed and/or a set of urinals shall have

flushing cistern of adequate capacity attached to it.

(i)

A toilet on terrace having a maximum of 2.2 m height

shall be permitted to condition that the area of toilet be

counted in FAR.

(j)

All the sewerage outlets shall be connected to the

Municipal Sewerage system. Where no such system exists,

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 111

a septic tank shall be provided within the plot conforming

to the requirements.

6.7

Mezzanine floor

6.7.1 Height :

It shall have a minimum height of 2.2 M.

6.7.2 Size :

The minimum size of the mezzanine floor if it is to be used as a

living room shall not be less than 9.5 sq. m. The aggregate area of

such mezzanine floor in a building shall in no case exceed one-

third the plinth area of the building.

6.7.3 Other Requirements :

A mezzanine floor may be permitted over a room or a

compartment, provided,—

(a)

it conforms to the standard of living rooms as regards

lighting and ventilation in case the size of mezzanine floor

is 9.5 sq. m. or more;

(b)

It is so constructed as not to interfere under any circumst-

ances with the ventilation of the space over and under it;

(c)

Such mezzanine floor is not subdivided into smaller

compartments;

(d)

Such mezzanine floor or any part of it shall not be used as

a kitchen; and

(e)

In no case shall a mezzanine floor be closed so as to make

it liable to be converted into unventilated compartments.

6.8

Corner site :

When the site fronts on two streets, the frontage would be as on the

street having larger width. In cases, where the two streets are of

same width, then the larger depth of the site will decide the frontage

and open spaces. In such case the location of a garage (on a corner

plot) if provided within the open space shall be located diagonally

opposite the point of intersection.

112 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

6.9

Damp site :

Wherever the dampness of a site or the nature of the soil renders

such precautions necessary, the ground surface of the site between

the walls of any building erected thereon shall be rendered damp

proof to the satisfaction of the authority.

6.10 Distance from electric line :

An overhead line shall not cross an existing building as far as

possible and no building shall be constructed under an existing

overhead line. No accessible point from any Verandah, balcony, or

the like shall be allowed to be erected or re-erected or any

additions or alterations made to a building not having the following

minimum clearances from an overhead electric supply line, in

accordance with the current Central Electricity Authority

(Measures

Relating

to

Safety

and

Electric

Supply)

Regulations, 2010 as amended from time to time :

(a)

Clearance of buildings from lines of voltages and service

lines not exceeding 650V :

(i)

An overhead line shall not cross over an existing

building as far as possible and no building shall be

constructed under an existing overhead line.

(ii) Where an overhead line of voltage not exceeding 650 V

passes above or adjacent to or terminates on any

building, the following minimum clearances from any

accessible point, on the basis of maximum sag, shall be

observed.

(iii) For any Flat Roof, Open Balcony, Verandah roof and

Lean-to-roof :

•

Where the line passes above the building, a vertical

clearance of 2.5 m from the highest point, and

•

When the line passes adjacent to the building, a

horizontal clearance of 1.2 m from the nearest point,

and

(iv) For pitched roof :

•

Where the line passes above the building, a vertical

clearance of 2.5 m immediately under the line, and

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 113

•

When the line passes adjacent to the building, a

horizontal clearance of 1.2 m.

(v) The horizontal clearance shall be measured when the

line is at a maximum deflection from the vertical due to

wind pressure.

(vi) Any conductor so situated as to have a clearance less

than that specified above shall be adequately insulated

and shall be attached at suitable intervals to a bare

earthed bearer wire having a breaking strength of not

less than 350 kg.

(b)

Clearances front buildings of lines of voltages exceeding

650 V :

(i)

An overhead line shall not cross over an existing

building as far as possible and no building shall be

constructed under an existing overhead line.

(ii) Where an over head line of voltage exceeding 650 V

passes above or adjacent to any building or part of a

building, it shall have on the basis of maximum saga

vertical clearance above the highest part of the building

immediately under such line, of not less than:

For

lines

of

voltages

exceeding 650V

3.7 m up to and including 33 KV; and

For

lines

of

voltages

exceeding 33 KV

3.7 m plus 0.30 m for every additional

33 KV or part thereof.

(iii) The horizontal clearance between the nearest conductor

and any part of such building shall, on the basis of

maximum deflection due to wind pressure, be not less

than:

For lines of Voltages exceeding 650 V

and up to and including 11 k

1.2 m

For lines of voltages exceeding 11 KV

and up to and including 33 KV.

2.0 m

For lines of voltages exceeding 33 KV

2.0 m plus 0.30 m for

every additional 33 KV

or part thereof.

114 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

(iv) For high voltage direct current (FTVDC) systems,

vertical clearance and horizontal clearance, on the basis

of maximum deflection due to wind pressure, from

building shall be maintained as below:—

Table 6-1: Vertical and Horizontal Clearence for High Voltage

Direct Current

S. No.

D.C

Voltage

Vertical

Clearance

Horizontal Clearance

1

100

4.6

2.9

2

200

5.8

4.1

3

300

7

5.3

4

400

7

6.2

5

500

9.1

7.4

6

600

10.3

8.6

7

800

12.4

10.7

Source:—NBC 2016

6.11

Loft and Ledge

6.11.1 Height :

The minimum headroom for loft and ledge shall be 2.2 m.

6.11.2 Size :

A loft and ledge in a habitable room shall not cover more than 25

per cent of the area of the floor on which it is constructed and

shall not interfere with the ventilation of the room under any

circumstances.

6.12 Chimneys:

The chimneys shall be built at least 0.9 m above flat roofs,

provided the top of the chimneys is not below the top of the

adjacent parapet wall. In the case of sloping roofs, the chimney

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 115

tops hall not be less than 0.6 m above the ridge of the roof in

which the chimney penetrates.

6.13 Parapet :

Parapet walls and hand rails provided on the edges of roof

Terraces, Balcony, Verandah etc. shall not be less than 1.0 m

and not more than 1.2 m in height from the finished floor level.

Note:—

(a)

The above shall not apply where roof terrace is not

accessible by a staircase.

(b)

However, on terrace floor in the portion where

installations like DG Set, Water Tank and other, screening

parapet of a suitable height may be constructed to hide

such equipments etc. and there is no need to have uniform

increase in the height of the parapet.

6.14 Cabin :

The size of cabins shall not be less than 3.0 Sq. m. with a

minimum width of 1.0 m. The clear passages within the divided

space of any floor shall not be less than 0. 75 m and the distance

from the farthest space in a cabin to any exit shall not be more

than 18.5 m. In case the subdivided cabin does not derive direct

lighting and ventilation from any open spaces/mechanical means.

The maximum height of the cabin shall be 2.2m.

6.15 Boundary Wall :

The requirements of the boundary Wall are given below:—

(a)

Except with the special permission of the Authority. The

maximum height of the compound wall shall be 1.75 m

above the centre line of the front street. Compound wall up

to 2.5 m height may be permitted if the top 0.75 m is of

open type construction of a design to be approved by the

Authority.

(b)

In the case of a comer plot, the height of the boundary wall

shall be restricted to 0.75 m for a length of 10 m on the

front and side of the intersections and the balance height

of 0. 75 m, if required in accordance with (a) may be made

116 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

up of open type construction (through railings) and of

design to be approved by the Authority.

(c)

However, the provisions of (a) and (b) are not applicable

to boundary walls of jails. In industrial buildings, electric

substations, transformer stations, institutional buildings

like

sanitoria,

hospitals,

industrial

buildings

like

workshops, factories and educational buildings like

schools, colleges, including hostels, and other uses of

public utility undertakings and strategically sensitive

buildings a height up to 2.4 m. may be permitted by the

Authority.

6.16 Wells :

Wells, intended to supply water for human consumption or

domestic purposes, where provided.

6.7.1

Location :

The well shall be located,—

(a)

Not less than 15 m from any ash pit, refuse pit, earth closet

or privy and shall be located on a site upwards from the

earth closet or privy;

(b)

Not less than 18 m from any cesspit soak away or bore

hole latrine and shall be located on a site upwards from the

earth closet or privy ;

(c)

Such that contamination by the movement of sub-soil or

other water is unlikely ; and

(d)

Not under a tree or otherwise it should have a canopy over

it, so that leaves and twigs may not fall into the well and

rot.

6.7.2

Requirements :

The well shall—

(a)

Have a minimum internal diameter of not less than 1m; be

constructed to a height not less than 1 m. above the

surrounding ground level, to form a parapet or kerb and to

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 117

prevent surface water from flowing in to a well, and shall

be surrounded with a paving constructed of impervious

material which shall extend for a distance of not less than

1.8 m in every direction from the parapet from the kerb

forming the well head and the upper surface of such a

paving shall be sloped away from the well ;

(b)

Be of sound and permanent construction (Pucca)

throughout. Temporary or exposed (Kutcha) wells shall

be permitted only in fields or gardens for purposes of

irrigation ; and

(c)

have the interior surface of the lining or walls of the well

be render dim pervious for a depth of not less than 1.8m

measured from the level of the ground immediately

adjoining the well-head.

6.17 Office-Cum-Letter Box Room :

In the case of multi-storeyed multifamily dwelling apartments

constructed by existing and proposed Cooperative Housing

Societies or Apartment Owners Associations, limited companies

and proposed societies, an office-cum-letter box room of

dimension 3.6 m X 3 m shall be provided on the ground floor. In

case the number of flats is more than 20, the maximum size of

the office-cum-letter box room shall be 20 sq. m.

6.18 Meter Rooms :

For all buildings above 15 m in height and in special

occupancies, like educational assembly, institutional, Industrial

storage hazardous and mixed occupancies with any of the

aforesaid occupancies having area more than 500 sq. m on each

floor, provision shall be made for an independent and ventilated

m (service) room, as per requirements of electric (service) supply

undertakings on the ground floor with direct access from outside

for the purpose of termination of electric supply from the

licensee's service and alternative supply cables. The doors

provided for the service room shall have fire resistance of not

less than two hours.

118 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

6.19 Stairway :

Stairway shall conform to the following provisions in addition to

items (a) to (g) below. In addition, in order to satisfy fire-

fighting requirements any stairway identified as an exit stairway

shall confirm to the requirement in fire protection regulations

provided in these regulations:—

(a) Width: The minimum width of a staircase other than a fire

escape shall be as given in Table hereunder:—

Table 6—2: The minimum width of a staircase (m)

S.

No.

Type of occupant

Minimum width of staircase/

Stairway/Corridors in m

1.

Residential building

Low rise

Hotels and High rise

1.2

1.5

2.

Education building

Up to 24 m. High

Over 24 m. High

1.5

2.0

3.

Institutional

buildings

(i.e.

Hospital)

Up to 10 beds

Over to beds

1.5

2.0

4.

Assembly buildings

2.0

5.

Mercantile, business, Industrial

Storage, Hazardous Buildings

Low rise

High rise

1.5

2.0

(b)

Flight : No flight shall contain more than 12 rises but in

residential buildings in narrow plots and in high density

Housing a single flight staircase may be permitted.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 119

(c)

Risers : The maximum height of a riser shall be 19 cm in

residential buildings and 16 cm in any other occupancy.

However, in an internal stairway within a dwelling area, a

riser may be 25 cm high.

(d)

Treads : The minimum width of the tread without nosing

shall be 25 cm for staircase of a residential building, other

than fire escapes. In other occupancies the minimum width

of the tread, shall be 36 cm. It shall have a non-slippery

finish and shall be maintained in that fashion.

(e)

Head room : The minimum head room in passage under

the landing of a staircase, shall be 2.2 M.

(f)

Floor indicator : The number of each floor shall be

conspicuously painted in figures at least 15 cm in large on

the wall facing the flight of a stairway or at such suitable

place is distinctly visible from the flights.

(g)

Handrail : Handrail of a minimum height of 0.9 m from

the centre of the tread shall be provided.

(h)

Exit Requirements: All aspects of exit requirements for

corridors, doors, stair cases, ramps, etc in respect of

widths, travel distance shall be as per Part 4 ‘Fire and Life

Safety’ of NBC-2016.

6.20 Roofs :

(a)

In the areas receiving snowfall, the roof should be sloping

and the slope shall be dictated by the amount of snowfall.

(b)

The roof of a building shall be so designed and constructed

as to effectively drain water by means of sufficient rain

water pipes of adequate size, wherever required, so

arranged, jointed and fixed as to ensure that the rain water

is carried away from the building without causing

dampness in any part of the walls, roof or foundations of

the building or an adjacent building.

120 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

(c)

The Authority may require rainwater pipes to be connected

to a drain or sewer to a covered channel formed beneath

the public footpath to connect the rain-water pipe to the

road gutter or in any other approved manner.

(d)

Rain-water pipes shall be affixed to the outside of the

external walls of the building or in recesses or chases cut

or formed in such external walls or in such other manner

as may be approved by the Authority.

(e)

It is desirable to conserve rainwater using suitable

rainwater harvesting techniques including by roof water

collection. In this context, reference shall be made to

Part 9 'Plumbing Services (including Solid Waste

Management), Section 2-Drainage and Sanitation’ of the

NBC 2016.

6.21 Ramps :

(a)

Ramps for pedestrians :

(i) General : The provisions applicable to stairway shall

generally apply to ramps. A ramp in a hospital shall

not be less than 2.4 m wide for stretcher and not for

vehicular movement in addition to satisfying the fire-

fighting requirements.

(ii) Slope : A ramp shall have slope of (not more than

1:10). It shall be of non-slippery material.

(iii) Handrail : A handrail shall be provided on both the

sides of the ramp.

(b) Ramps for handicapped people: The provision of the ramp

with handrails for every public building is compulsory for

handicapped people as per the National Building Code, 2016.

(c) The ramp to basement and parking floors shall not be less

than 7.2m wide for two-way traffic and 4m wide for one-

way traffic, provided with Gradient of 1:10 for L.M.V.

(d) Ramp may also be provided in side setbacks only to basement

and not for upper floors which can be sloped considering

unhindered movement for fire engine of minimum 6m wide

and in no case the gradient shall be less than 1:10.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 121

(e) All structural design/safety aspects as per latest BIS Codes

and NBC, 2016 shall be complied along with consideration of

weight of Fire Engine and its manoeuvrings.

(f) Handrails shall be provided on both sides of the ramp.

(g) Ramps shall lead directly to outside open space at ground

level or courtyards or safe place.

6.22 Stairs, Lifts, Lobbies and Corridor :

The width of lobbies or corridors in building shall be as under :

(a)

In case of residential and non-residential building except

individual detached building minimum clear width of

corridor shall be as under:—

Table 6—3: Width of corridor as per length of the corridor (m)

Length of Corridor

in M

Width of Corridor in M

Residential

Non-Residential

Up to 6

1.0

1.2

Up to 9

1.2

1.5

Up to 15

1.2

2.0

Above 15

1.5

2.5

Notes :—

(i)

For every additional 9.00 m. length or part there

of the width of the corridor shall be increased by

0.30 m up to a maximum of 3.00 m.

(ii)

In case of starred hotels, the width of the corridor

shall be as per the authorized standards of the

starred hotels.

(iii) Whereas in case of residential dwelling unit

occupied by single family and constructed up to

three floors width of the stairs shall not be less than

1.0 m.

(b)

In case of all non-residential and high-rise residential

building the clear width of stair landing exclusive of

parapet shall not be less than1.5 m.

122 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

(c)

Minimum stair width for more than 6 tenements on each

floor shall be 1.5 m.

(d)

The stair-case and lifts (elevators) shall be so located that

it shall be within accessible distance of not more than

25 m from any entrance of tenement or an office provided

on each floor.

(e)

The number and type of lifts to be provided in different

buildings shall be as given in Appendix ‘F’ & ‘F-1’.

6.23 Swimming Pool :

(a)

“Definition :” A constructed pool or a tank indoor or

outside the building, used for the purpose of swimming,

bathing, aquatic sports or games, training, treatment

(Therapy) or recreation, meant exclusively for human

being, having a depth of water not less than that 60 cm.

and the surface area exceeding 23.25 Sq. m. both for the

use of public or the institution concerned.

(b)

“Capacity of Pools in Relation to Bathers:” The maximum

number of persons in bathing attire within the pool

enclosures of the bathing area shall not exceed one person

per 20 Sq. ft. (1.86 Sq. m.) of pool i. e. the area of the

water surface.

(c)

“Hand Rail :” A side handrail extending up above and

returning to the horizontal surface of the pool deck curb or

coping shall be provided at each side of each ladder.

(d)

“Depth Markers :” Depth of water shall be clearly marked

at or above the water surface on the vertical pool wall and

on the edge of the deck or walk-way next to the pool, at

maximum points and at the points of break between the

deep and shallow portions and at intermediate increments

of depth, spaced at not more than 2.5// (7.62 cm) intervals.

Depth markers, contrasting with background shall be on

both sides of the pool.

(e)

“Lighting and Wiring :” Where submarine lighting is used,

not less than 0.5 watts shall be employed per Sq. ft. of

pool area.

(f)

“Area Lightning :” Where submarine lighting is employed,

area lighting shall be provided for the deck areas and

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 123

directed towards the deck areas and away from the pool

surface so far as practicable, in a total capacity of not less

than 0.6 watt per sq. ft. of deck area.

(g)

Where submarine lighting is not provided and night

swimming is not permitted combined pool lightning shall

be provided in an amount of not less than 2 watts per sq.

ft. of total area. All submarine lightning shall be

individually earthed and must be watertight and damp

proof.

(h)

“Over Head Wiring :” No electrical wiring for electrical or

power shall be permitted to pass over within 20 feet of the

pool enclosure.

(i)

“Shallow Minimum Depth” : Every swimming pool shall

have a minimum depth in the shallow area of the main

swimming area of not less than 0.9 m (3 feet), but not

more than 1.07m (3/-6//) from the overflow level to the

floor.

(j)

“Shallow Areas :” In a swimming pool with a diving area,

the shallow area of the pool shall be defined as the portion

between the shallow end and the break point between the

shallow area and the diving area. The slope of the floor

shall be uniform from the break point between the diving

area and the shallow portion to the outside edge of the

shallow portion and shall not be greater than 1 in 2 m.

(k)

“Vertical Wall Depth :” The pool walls shall be vertical at

all points for a depth of not less than 2 ft. 6// (0. 76 m)

6.24 Provision of exterior open spaces and height limitation around

the building :

(a)

The open spaces/setbacks covered area, FAR shall be as

per Master Plan/Zonal Plan/building Bye-laws Chapter V.

(b)

Every room that is intended for human habitation shall

abut on an interior or exterior open space or on to a

Verandah open to such interior or exterior open space.

124 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

(c)

In case of High rise, the exterior open spaces around a

building as in Building Bye-Laws shall be of green or hard

surface capable of taking load of fire engine weighing up

to 45 tonnes.

(d)

In case, kitchen and toilets not abutting either interior or

exterior open spaces, mechanical ventilation shall be

accepted.

(e)

Up to 25% of the total setback area can be sunk for light,

ventilation and access to basement, provided fire tender

movement is not hindered.

6.25

Pollution Control

6.25.1

Air Pollution :

All building shall conform to provisions of Environment Act

and Rules.

6.25.2

Water Pollution :

All building shall conform to provisions of water (Prevention

and Control of Pollution) Act, 1974.

6.25.3

Noise Pollution :

All buildings shall maintain ambient air quality standards in

respect of noise, as prescribed in the Noise pollution (Regulation

and control) Rules, 2000.

CHAPTER 7

SPECIAL REQUIREMENTS FOR OCCUPANCY, LAND

DEVELOPMENT AND OTHER INDUSTRIAL BUILDING

(FACTORIES, WORKSHOPS, ETC.)

7.1

Industrial Buildings (Factories, Workshops, etc.) :

(a)

The relevant provisions contained in the Factory Act, 1948

shall apply for construction of factory buildings. The

minimum height of workrooms shall not be less than 4.5 m

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 125

measured from the floor level to the lowest point in the

ceiling provided that this bye-law shall not apply to room

intended for storage, godowns and the like purposes but

only in rooms occupied by workers for purposes of

manufacture.

(b)

In case of small factories, employing less than 50 workers

for purposes of manufacturing and carrying on a class of

manufacturing covered under the flatted factories and

service industries, as driven in the Master Plan, the

Authority may allow minimum height up to 3.66 m.

(c)

Parking space provisions as provided in Master Plan/Zonal

Plan/Chapter V of these Bye-laws.

(d)

Requirements of water supply, drainage and sanitary

installation shall be as per Chapter-4 of Model Building

Bye-Laws, 2016, but in no case less than 1 W. C. and one

urinal shall be permitted.

(e)

Each working room shall be provided with adequate

number of exits not less than two in number.

(f)

No exit shall be less than 1.2 m in width and 2.1 m in

height and doors of such exit shall be so arranged that it

can be opened easily from inside.

(g)

No staircase, lobby corridors or passage shall be less than

1.2 m. in width.

(h)

In addition to the requirement in this part, provisions in

Chapter-5 and 6 shall be followed.

(i)

There shall be provided at all time for each person

employed in any room of factory at least 3.5 Sq. m. of

floor space exclusive to that occupied by the machinery

and a breathing space of at least 15 Cum (further the

provision of Part VIII section 1 lighting and ventilation of

NBC, 2016 shall be followed).

126 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

(j)

The effluent from industries (industrial and biological in

nature) shall be treated and shall be of quality to

satisfaction of the concerned local bodies before letting

out the same into a watercourse or municipal drain.

7.2

Educational Building (School/Colleges) :

All educational buildings shall be dealt as per University Grant

Commission norms and provision of National Building Code,

2016 and the Jammu and Kashmir School Education Rules, 2010

(SRO-123 dated 18.03.2010, Education Department) or the latest

version of these rules.

7.3

Assembly Building (cinema, theatres, etc.) :

The relevant provisions of the Cinematographic Act and Rules of

Jammu and Kashmir and IS:4878 Code for construction of

cinema building shall apply for planning, design and

construction of cinema building—

(a)

Parking spaces wherever not specifically given shall

conform to NBC, 2016/URDPFI Guidelines, 2014.

(b)

Requirements of water supply, drainage and sanitation

shall conform to provisions of NBC, 2016.

(c)

Buildings for religious worship shall not be erected on a

site, which has not been approved by the Authority.

7.4

Petrol Filling Station :

The location of the petrol filling stations and its layout shall be

approved

by

the

Authority

in

consultation

with

the

Commissioner of the Division depending upon width of roads

and traffic generated location with respect of points of

intersections and nearness to occupancies of educational,

assembly, storage and hazardous uses.

7.5

Burial and cremation grounds :

The Authority shall permit/prohibit burial and cremation grounds

to be located in certain area layouts, after scrutiny of the

proposal with respect to health and well-being surrounding

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 127

neighbourhood and shall follow the selection criteria given

below:—

The proposed development in terms of land use has to be

compatible with the ground :

(a)

Compatible Land use have to be planned with regards to

prevailing wind direction and beyond the prescribed buffer

zone. The likely direction of drift in the event of odour has

to be accounted while planning the layout ;

(b)

Adequate land area is to be provided to house furnaces,

and for internment of cremated remains ;

(c)

The site has to have proper accessibility by the local road

network.

7.5.1

Buffer Zones :

The location of such cremation grounds has to provide for buffer

zones from the surrounding land use to account for

environmental impact of the operation:—

(a)

A buffer zone of the order of 200 m (depending on the

nature of prevailing winds and the natural topography of

the site) between the emission stack and neighbouring

residential zone shall be considered.

(b)

In any case any buffer zone shall not be less than 100 m.

7.6

Building in mining area :

Building in mining area shall not be constructed to a height more

than one storey without the special prior approval of the

Authority.

7.7

Poultry farms (wherever allowed as per the Master Plan)

7.7.1

The coverage for poultry farms shall be as allowed in case of

farmhouses :

7.7.2

Setbacks: As per Chapter 5 under relevant use and category.

7.7.3

Space Planning :

There should be a minimum distance of 6.0 m between sheds in

the farm.

(a)

The minimum distance of any farm building from the

property line should be 4.5 m.

128 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

(b)

The minimum distance of any farm shed or farm building

from the dwelling unit should be 7.5 m.

7.7.4

Farm Shed :

Shed should be constructed on pillars with walls on two longer

sides not higher than 1.2 m :

(a)

The remaining height of the farm sheds in respect of two

longer sidewalls can be covered with netting or other

similar material.

(b)

The maximum height of the roof of the farm shed shall not

exceed 6.0 m.

7.7.5

Dwelling Units as a Farmhouse :

The following norms shall be adopted for construction of

dwellings in farmhouses:—

(a)

The distance of parts of dwelling units from shed shall be

as in Building Bye-laws, 7.7.3

(b)

The requirements of parts of dwelling shall be as in

Chapter 6.

(c)

Any other special requirements as specified by the

Authority.

7.8

Special buildings not covered :

In case of special buildings not covered above, norms as decided

by the Authority will be followed.

7.9

Provisions in the public buildings for Differently Abled,

Elderly Persons and Children :

The building to be designed for Differently Abled, Elderly

Persons and Children need special treatment and the provisions

for site planning, building requirements etc.

7.10 Defence:

Construction of any type of Govt. and private buildings near

defence land/premises shall be governed as per guidelines of

Govt. of India, Ministry of Defence.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 129

7.11 Railway :

Construction of any type of Govt. and private buildings near

railway land shall be governed as per guidelines of Govt. of

India, Ministry of Railways (Railway Board).

7.12 Distance from water course :

(a)

The building activity in the areas vulnerable to floods/flash

floods shall be regulated under the provision of Irrigation

and Flood Control Department or the flood zonation maps

notified by the department from time to time.

(b)

No development, whether by filling or otherwise, shall be

carried out from the edge of the bank of rivers, within

following specified buffer or as per building regulation

whichever is more:—

Recommendations

Applicability

(a) Recommended safe distance

(Buffer) from Listed Major

Watercourse shall be 50m

from

the

edge

of

such

watercourses or as specified

under the relevant regulatory

Act or the relevant Master

Plan

Chenab, Jhelum, Tawi, Ravi,

Sutlej and Ujh or any other

river/khad.

(b) Recommended safe distance

(Buffer) from Listed Minor

Watercourse shall be 30ms

from the edge of such water

courses or as specified under

the relevant regulatory act or

as given in the Master Plan of

the local Area

Mansar,

Surinsar,

Wular,

Nageen, Manasbal and other

lakes.

(c) Recommended safe distance

(Buffer)

from

Unlisted

rivulets,

tributaries,

minor

canals

and/or

Watercourse

Ranbir canal, Sindh canal and

other similar canals.

130 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

shall be 20 m from the edge

of such watercourses or as

specified under the relevant

regulatory act or as given in

the Master Plan of the local

Area

(c)

In case of talab, village tanks, lake, water bodies etc., the

distance from the water body shall be as may be

prescribed under any other general or specific orders of the

BPIA.

(d)

These restricted development zones and other water

courses, which pass through a land shall be developed and

maintained according to the discharge of water.

7.13 Rules for development of land :

(a)

The provisions of Master Plan and norms formulated by

Authority shall apply regarding sub-division of a large

parcel of land into plots, open areas, roads, spaces for

services and community facilities.

(b)

Regulations for Low Income Housing. The norms

specified for Low-income housing shall be as per the

Jammu and Kashmir Housing, Affordable Housing, Slum

Redevelopment and Rehabilitation and Townships Policy,

2020.

7.14 Penal action for violation of Master Plan/Zonal plan

regulation/bye-laws :

(a)

The Authority under the provisions of their respective

Acts shall take action for violation of Master Plan/Zonal

Plan/regulations. The Authority may take penal action

under respective Acts, which may include stopping of

construction activity, demolition/alteration and levying of

penalties as given in (Appendix “D” Penal action for

violation of provisions of Master Plan, Zonal Plans and

Building Bye-Laws).

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 131

(b)

In addition, action for discontinuance of services in

building may also be taken.

7.15 Heritage :

Development/Construction/Mining around all ASI protected

monuments shall be governed by National Monuments and

Archaeological sites and remains Act/Rules (GoI), Jammu and

Kashmir Ancient Monuments Preservation (Amendment) Act,

2010 and Jammu and Kashmir Heritage (Conservation and

Preservation) Act, 2010.

7.16 Forest :

All building activity shall conform to provisions of J&K

Forest, Wildlife and Bio-Diversity Act.

7.17 Sports Infrastructure :

All Provisions related to sports infrastructure shall be dealt as

per the Guidelines/Specifications of Sports Authority of India

(SAI), URDPFI Guidelines, 2014 and NBC, 2016 or its latest

version.

CHAPTER 8

ELECTRIC VEHICLE CHARGING INFRASTRUCTURE (EVCI)

8.1

Electric Vehicle Charging Infrastructure (EVCI) :

Based on the occupancy pattern and the total parking provisions

in the premises of the various building types, charging

infrastructures shall be provided only for EVs, which is

currently assumed to be 20% of all ‘vehicle holding capacity’/

‘parking capacity’ at the premise. Additionally, the building

premise will have to have an additional power load, equivalent

to the power required for all charging points in a Public

Charging Station (PCS) to be operated simultaneously, with a

safety factor of 1.25.

132 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

8.2

Residential Buildings (plotted house)

Table 8.1:—Charging Infrastructure requirements for individual

house/self-use

Building Type

Plotted House

Ownership of Station

Private (Owner)

Connection and Ming

Domestic m

Type of Charger

Slow chargers as per owner’s specific

requirements

Modes of Charging

AC (Single charging gun)

Norms of Provisions

Min. 1 SC and additional provisions as

per the owner individual.

Note:—The charging infrastructure installed by a home owner

shall be construed as a Private Cl meant for self-use

(non-commercial basis).

8.2.1

All other buildings (including Group Housing) :

Any PCS installed at Public, Private areas or building premises

of any category that caters to commercial mode of charging of

EVs shall be deemed as a Public Charging Station and shall have

to install the minimum requirements of chargers as specified in

the Guidelines dated 14.12.2018 of Ministry of Power. However,

in order to provide sufficient charging points for the EV share in

all vehicles, ratio of types of chargers is recommended in the

table below:—

Table 8.2:—Charging Infrastructure requirements for PCS

(Commercial use)

Building Type

Any Building Type

1

2

Ownership of

Station

Service Provider

Connection and

Ming

Commercial Ming and Payment

Type of

Charger

As per min. requirements specified in MoP

Guidelines

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 133

1

2

Additional

Chargers

PCS service providers shall install additional number

of kiosk/chargers beyond the minimum specified

requirements to meet the ratio of charging points as

prescribed below (by the type of vehicles).

Norms of

Provisions for

charging points

4Ws

1 SC-each

3 EVs

1 FC-each

10 EVs

3Ws

1 SC-each 2

EVs

2Ws

1 SC-each

2 EVs

PV (Buses)

1 FC-each

10 EVs

Notes:—

• Charging bays shall be planned currently at 20% capacity

of all vehicles including 2Ws and PVs (cars)

• Opening and on-spot payment options to be available for

all users.

• Provision of FCB CS and BS shall not be mandatory and

will be at the discretion of the service provider.

8.2.2

Rationale for EVCI establishment :

(a) Rapid urbanization coupled with adoption of mechanized

transportation modes has resulted in high emissions of

Green House Gases that goes on to impact Global

warming. Unless, the global surface temperature rise is

restricted to no more than 2oC compared with pre-

industrial levels, the IPCC has warned that the world will

see irreversible catastrophic climate change.

(b) India being a signatory to the UNFCCC, has pledged for

efforts to assess the Greenhouse Gas Emissions (GHG) of

anthropogenic origin and removal by sinks. India’s per

capita emissions are still considered low at 1.9 tonnes

(2013), but its total emissions are next only to China and the

US and is likely to overtake those of the EU by 2019.

(c) While comparing the Indian cities for their emission scores,

Delhi is on top as the biggest emitter at over 38.38 million

tonnes of carbon dioxide equivalent overall emissions,

followed by Greater Mumbai at 22.7 million tonnes and

134 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

Chennai at 22.1 million tonnes, Kolkata at 14.8 million

tonnes, Bangalore at 19.8 million tonnes, Hyderabad at

13.7 million tonnes and Ahmedabad at 9 million tonnes

were the other cities whose emissions for the year were

calculated sector-wise.

(d) As per the statistics of Transport Department (GNCTD),

total number of vehicles in Delhi is more than the

combined total vehicles in Mumbai, Chennai and Kolkata.

Delhi has 85 private cars per 1000 population against the

national average of 8 cars per 1000 population. In terms of

Co2 emissions due to motor vehicles, Delhi emits about

12.4 million tonnes while the city of Bengaluru emits about

8.6 million tonnes.

(e) Therefore, addressing the quantum of emissions from the

“Transport” and “Domestic” sector emerges to be the high

priority subjects under the overarching umbrella of

“Climate change mitigation” as committed to the UNFCC.

(f)

Encouraging “Electric Vehicles” as a viable option for

phased transportation in terms of short and long-distance

trips with appropriate “Charging Infrastructure” is therefore,

the pre-condition for this paradigm shift I phased migration

to sustainable transportation.

(g) For these changes are required in infrastructure provisions

(at Regional and City levels) and in Development Control

Regulations (in terms of provisions therein) to include the

formulations of norms and standards for “Charging

Infrastructure” in the said Master Plan Regulations and

UT/State Building Regulations for adoption across the

country suiting local conditions.

8.3

EV Charging Technology

8.3.1

Electric Vehicle Supply Equipment (EVSE) :

An EVSE is a wall mounted box that supplies electric energy for

recharging of electric vehicle batteries. Also, EVSEs have a

safety lock-out feature that does not allow current to flow from

the device until the plug is physically inserted into the car.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 135

EVSEs can be customized with added features like—

•

Authentication.

•

Integrated payment gateways.

•

Software for remote monitoring.

As electric vehicle charging technology continues to advance,

several standards and guidelines have become widely accepted

across the industry. Chapter 8 gives a brief overview of charging

infrastructure technology, standards, and terminology.

8.3.2

Different types of EVSE :

(a) Charging speeds : Charging power, which determines the

time required to charge a vehicle, can vary by orders of

magnitude across charge points, as shown in Table 8.3. A

small household outlet may charge as slowly as 1.2 KW,

while the most advanced rapid charging stations can charge

at up to 350 KW. Charging infrastructure is broadly broken

into three categories based on speed: Level 1, Level 2, and

direct current (DC) fast charging (sometimes referred to as

Level 3).

(Source: “Emerging Best Practices for Electric Vehicle

Charging Infrastructure”, Oct., 2017)

(b) Private Charging : Charging batteries of privately-owned

cars through domestic charging points. Billing is mostly

part of home domestic metering.

(c) AC “Slow” Charging : The home private chargers are

generally used with 230Vl15A single phase plug which can

deliver a maximum of up to about 2.5KW of power. The

EVSE supplies AC current to the vehicle's on-board

charger which in turn converts the AC power to DC

allowing the battery to be charged.

(d) Public Charging : For charging outside the home premises,

electric power needs to be billed and payment needs to be

collected. The power drawn by these chargers may need to

be managed from time to time.

(e) DC “Fast” Charging : DC current is sent to the electric

car’s battery directly via the charge port. FC chargers

(usually 50 KW or more) can supply 100 or more

kilometres of range per hour of charging. The fast chargers

would generally be used as a top-up, rather than fully

136 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

charging vehicles. These are important for cab companies

and corporate users who have a fleet of electric cars.

8.4

Options for EV Charging :

(a) There is an urgent need to offer flexible charging

infrastructure for different vehicle segments to drive

adoption of EVs. Charging infrastructure is the most crucial

enabler in the entire EV value chain. The exploration of

different charging models according to the local conditions

shall enable faster deployment of electric vehicles in the

country.

(b) EV share in all vehicles : It has been broadly projected that

by the current rate of adoption of EVs, about 15% of all

vehicles in the country would be EVs by the year-2020.

Therefore, while assuming percentage composition of all

proposed capacities in Public facilities of vehicle holding

capacity, the Metropolitan and 'Tier I' cities will be assumed

d to have a higher percentage share of EVs, say 20% for

now. The charging infrastructure prescriptions in all urban

development guidelines shall, therefore, be in consonance

with the said percentage.

(c) Power Load sanction to premises : While adding these

Charging Infrastructures to the proposed set of building

types of the Indian cities, enhanced Power Load shall have

to be had for each such building type by the Power

DISCOMs, commensurate to the total additional power

requirement of simultaneous operation of all the prescribed

charging points in the premise. With further advancement

of charging technologies and the enhanced capacity of

chargers to draw more power, it is advised that the load

capacity assigned to each premise should be kept with a

safety factor of 1.25 with a long-term vision of 30 years.

Table 8.3:—EVs charging “modes” and ‘availability’

Vehicle type

Slow Charging Fast

Charging

Public CI

2 Wheelers

Y

N

Yes/Limited

3 Wheelers

Y

N

Yes/Limited

PVs (Cars)

Y

Y

Yes

PVs (Buses)

N

Y

Yes

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 137

Table 8.4:—Charging options for EV types (by ownership)

Vehicle type Private CI Public CS Predominant place of charging

2 Wheelers

SC/BS

SC

Point of residence/work

3 Wheelers

SC/BS

SC/BS

Residence/Parking stations

PVs (Cars)

SC/BS

FC

Residence/Point

of

work/other

public places

PVs (Buses)

_

FC/BS

Bus Terminals/Depots

Note:—

• The option of Battery Swapping (BS) for privately owned

2Ws and PV (Cars) is limited to Private CI.

• For 3 W as the BS is proposed to be made available in

PCS, for faster recharge experience only.

• For PV (Buses), Captive Fast charging infrastructure for

100% internal use for fleets maybe adopted by privately

owned Depots/Garages.

(d) Based on the above stated EV charging technologies

available and the current trend of evolving technologies of

faster charging experience, the Ministry of Power has

issued Guidelines and Standards for setting up Charging

Infrastructure for Electric Vehicles [Ministry of Power

(MoP) Guidelines dated 14.12.2018] for charging

infrastructure to be installed at every Public Charging

Station (PCS).'Connectivity regulations and Safety norms'

shall be defined by respective authorities such as Central

Electric Authority/MoP for grid access to such PCS/any

other charging station infrastructure.

8.5 Charger Specifications and PCS Infrastructure :

Any installed PCS shall have one or more electric kiosk boards

with installation of all charger models as prescribed in the

Guidelines and Standards notified by Ministry of Power, dated 14

December, 2018 for “Charging Infrastructure for EVs”, with other

necessary arrangements as deemed necessary.

138 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

Public Charging Station service providers shall be free to create

charging hubs and to install additional number of kiosk chargers in

addition to the minimum chargers prescribed vide the MoP

Guidelines, including options for installation of additional chargers,

if required.

Notes:—

• Minimum infrastructure requirements do not apply to

Private Charging Points meant for self-use of individual

EV owners (non-commercial basis).

• Captive charging infrastructure for 100% internal use for

a company's own fleet will not be required to install all

type of chargers and to have NSP tie ups.

8.6 Location of PCS/FCB CS in local area/building precincts :

In accordance with the Guidelines issued by the Ministry of Power

(MoP), following minimum standards with regard to density of l

distance between PCS in local level facilities in building premise l

urban precincts shall be followed as per provisions in the Model

BBL, 2016—

(a)

At the Local levels (within the urban area): Atleast

1Public Charging Station is to be available within a grid of

3Km x3Km.

(b)

At the Building premise levels (for various building

types):

•

Private charging infrastructure (non-commercial use)

for individuals.

•

For all commercial modes of charging EVs, at least

1PCS, as per minimum specifications laid under

MoP guidelines.

•

Standalone Battery Swapping Stations may be added

with the PCs.

8.6.1

Along Highways and intercity corridors :

(a) At every 25 Kms. on both sides of highways roads, at least

1 PCS is to be setup.

(b) At every 100 Kms. on both sides of highways/roads, at

least 1 Fast Charging/FCB Charging Station as per

specifications (May be coupled with PCS).

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 139

(c) Standalone Battery Swapping Stations may be added with

the PCS.

8.6.2

In Regional level Industrial SEZs I other Industrial Parks/

Estates:

Land for at least 1PCS is to be reserved within a grid of 10 Km x

10 Km of the designated industrial area/park/estates.

8.7

Guidelines and Standards for Charging Infrastructure of

Electric Vehicles:

Private charging at residences/offices shall be permitted.

DISCOMs may facilitate the same. Setting up of Public Charging

Stations (PCS) shall be a de-licensed activity and any

individual/entity is free to set up public charging stations,

provided that, such stations meet the technical as well as

performance standards and protocols laid down below as well as

any further norms/standards/specifications laid down by

Ministry of Power and Central Electricity Authority from time to

time:—

(a) Any person seeking to set up a Public Charging Station

may apply for connectivity and he shall be provided

connectivity on priority by the Distribution Company

licensee to supply power in the area.

(b) Any Charging Station/Chain of Charging Stations may also

obtain electricity from any generation company through

open access.

8.8

Public Charging Infrastructure (PCI)-Minimum Require-

ments

8.8.1

Every Public Charging Station (PCS) shall have the

following minimum infrastructure:

(a) An exclusive transformer with all related substation

equipment including safety appliance.

(b) 33/11 KV line/cables with associated equipment including

as needed for line termination/metering etc.

140 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

(c) Appropriate civil works.

(d) Adequate space for Charging and entry/exit of vehicles.

(e) Current international standards that are prevalent and used

by most vehicle manufacturers internationally are CCS and

CHAdeMO. Hence, Public Charging Stations shall have,

one or more electric kiosk/boards with installation of all the

charger models as follows :

(f)

The kiosk/board may have options for installation of

additional chargers, if required.

(g) The Public Charging Station Providers are free to create

Charging Hubs and to install additional number of

Kiosk/Chargers in addition to the minimum number of

chargers prescribed above.

(h) Tie up with at least one online Network Service Providers

(NSPs) to enable advance remote/online booking of

charging slots by EV owners. Such online information to

EV owners should also include information regarding

location, types and numbers of chargers installed/available

etc.

(i)

Share charging station data with appropriate DISCOM and

to maintain appropriate protocols as prescribed by such

DISCOM for this purpose. CEA shall have access to this

database.

(j)

Appropriate public amenities.

(k) Where, in addition to the above, fast charging facility is

also planned to be provided at the PCS by the PCI provider,

the following additional infrastructure must be provided:—

(i)

Appropriate Liquid Cooled cables if High Speed

Charging Facility for on board charging of Fluid

Cooled Batteries (FCBs) is also planned.

(ii)

Appropriate Climate Control Equipment for Fast

Charging of Batteries to be used for swapping (i.e.

not on board).

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 141

Table 8—1: Specification of Charger Type

Charger Type

Charger

Connectors

Rated Voltage

(V)

No. of Charging

point/No. of

Connector guns

Fast

CCS (min 50

KW)

200-1000

1/1 CG

CHAdeMO

(min 50 KW)

200-1000

1/1 CG

Type-2 AC (min

22 KW)

380-480

1/1 CG

Slow/Moderate

Bharat DC-001

(15 KW)

72-200

1/1 CG

Bharat DC-001

(11 KW)

230

3/3 CG of 3.3

KW each

*In addition, any other fast/slow/moderate charger as per approved

BIS standards whenever notified.

8.8.2

Every Public Charging Station (PCS) shall be operational only

after inspection and clearance as communicated by a suitable

clearance certificate, by the concerned electrical inspectors/

technical personnel designated specifically by the respective

DISCOM for this purpose. DISCOMs may also empanel one or

more third party authorized technical agencies for this purpose.

8.8.3

Electric Vehicle Service Equipment (EVSE) shall be type tested

by an appropriate reputed authority.

8.8.4

The above minimum infrastructure requirements do not apply to

Private Charging Points meant for self-use of individual EV

owners (non-commercial basis).

8.8.5

Captive charging infrastructure for 100% internal use for a

company’s own/leased fleet for its own use will not be required

to install all type of chargers and to have NSP tie ups.

8.8.6

Public Charging Station can also have the option to add Stand

alone battery swapping facilities in addition to the above

mandatory facilities, provided space/other conditions permit.

142 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

8.9

Public charging Infrastructure (PCI) for long distance EVs

and/or heavy duty EVs :

8.9.1

Public charging stations for long distance EVs and/or heavy

duty EVs (like trucks, Busses etc.) shall have the following

minimum requirements :

(a) At least two chargers of minimum 100 kW (with 200 -1000

V) each of different specification (CCS & CHAdeMO) and

with single connector gun each in addition to the minimum

charging infrastructure requirements as mandated for

Public Charging Stations.

(b) Appropriate Liquid Cooled Cables for high speed charging

facility for on-board charging of Fluid Cooled Batteries

(currently available in some long range EVs).

(c) In addition to 8.8.1 (i) and (ii) above, the Fast Charging

Stations (FCS) for Long Distance EVs and/or Heavy Duty

EVs may also have the option of swapping facilities for

batteries for meeting the charging requirements as per

para 8.7 and para 8.8 (i) and above. It is notable that Fluid

Cooled Batteries (FCBs) are generally necessary for Fast

Charging/Long Distance use of EVs and/or for Heavy Duty

Vehicles like buses/trucks etc. FCBs will have higher

charging rate and longer life.

8.9.2

Such Fast Charging Stations (FCS) which are meant only for

100% in house/captive utilization, for example buses of a

company, would be free to decide the charging specifications as

per requirement for its in-house company EVs.

8.10 Location of Public Charging Stations :

8.10.1 In case of Public Charging Stations, the following minimum

requirements are laid down with regard to density/distance

between two charging points :

(a)

At least one Charging Station should be available in a grid

of 3 Km X 3 Km. Further, one Charging Station be set up

at every 25 Km on both sides of highways/roads.

(b)

For long range EVs (like long range SUVs) and heavy

duty EVs like buses/trucks etc., there should be at least

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 143

one Fast Charging Station with Charging Infrastructure

Specifications as per para 8.8.l at every 100 Kms, one on

each side of the highways/road located preferably

within/alongside the stations. Within cities, such charging

facilities for heavy duty EVs shall be located within

Transport Nagars, bus depots. Moreover, swapping

facilities are also not mandatory within cities for

Buses/trucks.

8.10.2 Additional public charging stations shall be set up in any area

only after meeting the above requirements.

8.10.3 The above density/distance requirements shall be used by the

concerned state/UT Governments/their Agencies for the twin

purposes of arrangement of land in any manner for public

charging stations as well as for priority in installation of

distribution network including transformers/feeders etc. This

shall be done in all cases including where no central/state

subsidy is provided.

8.10.4 The appropriate Governments (Central/State/UTs) may also give

priority to existing retail outlets (ROs) of Oil Marketing

Companies (OMCs) for installation of Public EV Charging

Stations (in compliance with safety norms including ‘firewalls’

etc.) to meet the requirements as laid above. Further, within such

ROs, Company Owned and Company Operated (COCO) ROs

may be given higher preference.

8.10.5 Any deviation from above norms shall be admissible only after

specific approval of State Nodal Agency in consultation with the

Central Nodal Agency.

8.11

Database of Public EV Charging Stations :

Central Electricity Authority (CEA) shall create and maintain a

national online database of all the Public Charging Stations

through DISCOMs. Appropriate protocols shall be notified by

DISCOMs for this purpose which shall be mandatorily complied

by the PCS/BCS. This database shall have restricted access as

finalized between CEA and Ministry of Power.

144 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

8.12

Tariff for supply of electricity to EV Public Charging

Stations :

8.12.1 The tariff for supply of electricity to EV Public Charging Station

shall be determined by the appropriate commission, provided

however that the tariff shall not be more than the average cost of

supply plus 15 (fifteen) per cent.

8.12.2 The tariff applicable for domestic consumption shall be

applicable for domestic charging.

8.13

Service charges at PCS/BCS :

8.13.1 Charging of EVs is a service as already clarified by Ministry of

Power vide letter No. 23/08/2018-R&R dated 13.04.2018.

8.13.2 The State Nodal Agency shall fix the ceiling of the Service

Charges to be charged by the Public Charging Stations.

8.14

Priority for Rollout of EV Public Charging Infrastructure :

After extensive consultations with State Governments and

different Department/Agencies of Central Government, phasing

as follows are laid down as national priority for rollout of EV

Public Charging Infrastructure.

8.14.1 Phase l (1-3 Years) :

All Mega Cities with population of 4 million plus as per census

2011, all existing expressways connected to these Mega Cities

& important Highways connected with each of these Mega Cities

shall be taken up for coverage.

8.14.2 Phase II (3-5 Years) :

Big cities like State Capitals, UT headquarters shall be covered

for distributed and demonstrative effect. Further, important

highways connected with each of these Mega Cities shall be

taken up for coverage.

The above priorities for phasing of rollout shall be kept in mind

by all concerned, including, different agencies of Central/State

Governments while framing of further policies/guidelines for

Public Charging Infrastructure of EV s, including for declaring

further incentives/subsidies for such infrastructure and for such

other purposes.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 145

8.15

Implementation Mechanism for Rollout :

8.15.1 Ministry of Power shall designate a Central Nodal Agency for

the rollout. All relevant agencies including Central electricity

Authority (CEA) shall provide necessary support to this nodal

agency.

8.15.2 Every State Government/UT shall nominate a Nodal Agency for

that State/UT for setting up charging infrastructure. The State

DISCOM shall generally be the Nodal Agency for such

purposes. However, State Government shall be free to select a

Central/State Public Sector Undertaking (PSU) including Urban

Local Bodies (ULBs), Urban/Area Development Authorities etc.

as its Nodal Agency.

8.16

Selection of Implementation Agency for Rollout :

8.16.1 The Central Nodal Agency shall finalize the cities and

expressways/highways to be finally taken up from the above

phasing, in consultation with the respective State Governments.

8.16.2 An Implementation Agency shall be selected by the respective

State Nodal Agency and shall be entrusted with responsibility of

installation, operation and maintenance of PCS/FCS/BCS/BSF

for designated period as per norms laid down in this document

and as entrusted by the concerned Nodal Agency. The

Implementation Agency can be an Aggregator as mutually

decided between Central and State Nodal Agencies. However,

they can also decide to choose different PCS/FCS providers for

bundled packages or for individual locations as mutually

decided. Further, whenever bundled packages are carved for

bidding, such packages shall necessarily include at least one

identified expressway/highway or part cohesive regional

package; the selected identified cities may be divided into one or

more parts as necessary for such purposes.

8.16.3 Where Implementing Agency is selected by bidding, all bidding

shall be conducted by the State Nodal Agency.

8.16.4 There shall be an upper cap on the Service Charges declared by

the State Nodal Agency as per para 8.12.2 above. Subsidy, if

admissible from Central/State Governments, shall be suitably

factored in such calculations of Upper Cap/Bid Variable.

(Source: Model Building Bye-laws, 2016, Town and Country

Planning Organisation, Ministry of Urban Development, now

Ministry of Housing and Urban Affairs (MoHUA).

146 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

CHAPTER 9

PROVISION FOR HIGH RISE AND TALL BUILDINGS

9.1

High Rise Building :

Buildings higher than 15m of height without stilts and above

17.5 m of height with stilts shall be considered as high-rise

buildings.

Note:—These provisions shall be in addition to the Chapter 2 for

plan sanction procedure, Chapter 4 for procedure

during construction, Chapter 5 for Zoning regulations

and Chapter 6 for Space requirement for different parts

of Building.

9.1.1

Plot Area :

Plots to be used for high rise development should be located in

an approved Layout plan, Comprehensive plans or subdivision

plans as prepared and approved by competent authorities as per

policy of the Government of India/State Governments.

9.1.2

Means of access :

The entrance gate shall fold back against the compound wall of

the premises, thus leaving the exterior access way within the plot

free for movement of fire service vehicles. If archway is

provided over the main entrance the height. of the archway shall

not be at a height less than 5m.

9.2

Building components :

9.2.1

Doorways :

(a) Every doorway shall open into an enclosed stairway, a

horizontal exit, on a corridor or passageway providing

continuous and protected means of egress.

(b) No exit doorway shall be less than 1m in width. Doorways

shall be not less than 2 m in height. Doorways for

bathrooms, water closet, stores etc. shall be not less than

0.75 m wide.

(c) Exit doorways shall open outwards, that is, away from the

room but shall not obstruct the travel along any exit. No

door, when opened, shall reduce the required width of

stairway or landing to less than 0.9 m, overhead or sliding

doors shall not be installed.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 147

(d)

Exit door shall not open immediately upon a flight of

stairs, a landing equal to at least the width of the door shall

be provided in the stairway at each doorway, level of

landing shall be the same as that of the floor which it

serves.

(e)

Exit doorways shall be openable from the side which they

serve without the use of a key.

(f)

Mirrors shall not be placed in exit ways or exit doors to

avoid confusion regarding the direction of exit.

9.2.2

Revolving Doors :

Revolving door shall not be provided as a means of fire exit.

9.2.3

Stairways :

(a)

A staircase shall not be arranged round a lift shaft.

(b)

The staircase shall be ventilated to the atmosphere at each

landing and a vent at the top; the vent openings shall be of

0.5 sq. m. in the external wall and the top. If the staircase

cannot be ventilated, because of location or other reasons,

a positive pressure 50 Pa shall be maintained inside. The

mechanism for pressurizing the staircase shall operate

automatically with the fire alarm. The roof of the shaft

shall be 1 m above the surrounding roof. Glazing or glass

bricks if used in staircase, shall have fire resistance rating

of minimum 2 hour.

(c)

The minimum width of staircase shall be as table given

below :—

Table 9—1 : Minimum width of staircase for different types of buildings

Type of Building

Width

Residential buildings (dwellings)

1.0 m

Residential hotel buildings

1.5 m

Assembly buildings like auditorium, theatres and

cinemas

2.0 m

Educational buildings up to 30 m in height

1.5 m

Institutional buildings like hospitals

2.0 m

All other buildings

1.5 m

148 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

(d) The minimum width of treads without nosing shall be

0.25 m for staircase for residential buildings. In the case of

other buildings, the minimum tread shall be 0.3 m. The

treads shall be constructed and maintained in a manner to

prevent slipping. The maximum height of riser shall be

0.19 m in the case of residential buildings and 0.15 m in the

case of other buildings and shall be limited to 15 risers per

flight.

(e) Handrails shall be provided with a minimum height of

0.9 m from the centre of the tread.

(f)

The minimum headroom in a passage under the lading of a

staircase and under the staircase shall be 2.2 m.

(g) Access to main staircase shall be gained through adequate

fire resistance rating (for various types of construction for

structural and non-structural members shall be as given in

Table 1 of Part IV of the NBC 2016 and for building

elements/components such as walls, columns, beams and

floors shall have the requisite fire resistance rating in

accordance with the accepted standards at Tables 2 to 18 of

Part IV of the NBC, 2016). Automatic closing doors placed

in the enclosing walls of the staircases. It shall be a swing

type door opening in the direction of the escape.

(h) No living space, store or other fire risk shall open directly

into the staircase or staircases.

(i)

External exit door of staircase enclosure at ground level

shall open directly to the open spaces or can be reached

without passing through any door other than a door

provided to form a draught lobby.

(j)

The exit sign with arrow indicating the way to the escape

route shall be provided at a height of 1.5 m from the floor

level on the wall and shall be illuminated by electric light

connected to corridor circuits. All exit way marking signs

should be flushed with the wall and so designed that no

mechanical damage shall occur to them due to moving of

furniture or other heavy equipments. Further all landings of

floor shall have floor indication boards indicating the

number of floors. The floor indication board shall be placed

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 149

on the wall immediately facing the flight of stairs and

nearest to the landing. It shall be of size not less than 0.5x

0.5 m and it shall be prominently on the wall facing the

staircase.

(k) In case of single staircase, it shall terminate at the ground

floor level and the access to the basement shall be by a

separate staircase. However, the second staircase may lead

to basement levels provided the same is separated at ground

level by either a ventilated lobby with discharge points at

two different ends or through enclosures with fire

resistance rating door (Table 1 of Part IV of the NBC, 2016

and Tables 2 to 18 of Part IV of the NBC, 2016) or through

a fire protected corridor.

9.2.4

Lifts :

General requirements of lifts shall be as follows:—

(a) All the floors shall be accessible for 24 hours by the lifts.

The lifts provided in the buildings shall not be considered

as a means of escape in case of emergency. In a dual line

arrangement (lifts opposite to each other) the lobby may be

between 1.5 times to 2.5 times the depth of one car. For in-

line (single line) arrangements the lobby may be typically

half of the above recommendations.

(b) Grounding switch, at ground floor level, to enable the fire

service to ground the lift shall also be provided.

(c) The lift machine room shall be separate and no other

machinery shall be installed therein.

(d) Walls of lift enclosures and lift lobby shall have fire rating

of 2 hour; ((Table 1 of Part IV of the NBC, 2016 and

Tables 2 to 18 of Part IV of the NBC, 2016) lifts shall have

a vent at the top of area not less than 0.2 sq. m.

(e) Lift car door shall have a fire resistance rating of 1 hour.

(f)

Lift lobby doors in lift enclosures shall have fire resistance

as per Section (Table 1 of Part IV of the NBC, 2016 and

Tables 2 to 18 of Part IV of the NBC, 2016).

150 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

(g) Collapsible gates shall not be permitted for lifts and shall

have solid doors with fire resistance of at least 1 hour.

(h) If the lift shaft and lobby is in the core of the building, a

positive pressure between 25 and 30 Pa shall be maintained

in the lobby and a positive pressure of 50 Pa shall be

maintained in the lift shaft. The mechanism for

pressurization shall act automatically with the fire alarm; it

shall be possible to operate this mechanically also.

(i)

Lifts if communicating with the basement, the lift lobby of

the basements shall be pressurized with self-closing door

with fire resistance rating (Table 1 of Part IV of the NBC,

2016 and Tables 2 to 18 of Part IV of the NBC, 2016).

Telephone or other communication facilities shall be

provided in lift cars and to be connected to fire control

room for the building.

(j)

Exit from the lift lobby, if located in the core of the

building, shall be through a self-closing fire door of half an

hour fire resistance.

(k) Suitable arrangements such as providing slope in the floor

of lift lobby shall be made to prevent water used during

fire-fighting, etc., at any landing from entering the lift

shafts.

(l)

A sign shall be posted and maintained on every floor at or

near the lift indicating that in case of fire, occupants shall

use the stairs unless instructed otherwise. The sign shall

also contain a plan for each floor showing the locations of

the stairways. Alternate source of power supply shall be

provided for all the lifts through a manually operated

changeover switch.

(m) For Pressurization Specifications of various building

components refer NBC, 2016 Chapter 4 Fire and Life

Safety Clause 4.10 Pressurization of Staircases (Protected

Escape Routes).

9.2.5

Basements :

(a) Basement shall be permitted within the building envelope

only.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 151

(b) Each basement shall be separately ventilated. Vents with

cross-sectional area (aggregate) not less than 2.5 per cent of

the floor area spread evenly round the perimeter of the

basement shall be provided in the form of grills or

breakable stall board lights or pavement lights or by way of

shafts. Alternatively, a system of air inlets shall be

provided at basement floor level and smoke outlets at

basement ceiling level. Inlets and extracts may be

terminated at ground level with stall board or pavement

lights as before, but ducts to convey fresh air to the

basement floor level have to be laid. Stall board and

pavement lights should be in positions easily accessible to

the fire brigade and clearly marked ‘SMOKE OUTLET’ or

‘AIR INLET’ with an indication of area served at or near

the opening.

(c) The staircase of basements shall be of enclosed type having

fire resistance rating (Table 1 of Part IV of the NBC, 2016

and Tables 2 to 18 of Part IV of the NBC, 2016). The

staircase shall be situated at the periphery of the basement

to be entered at ground level only, from outside open air.

The staircase shall communicate with basement through a

lobby with self-closing doors with fire resistance rating as

per relevant NBC Code mentioned above.

(d) For travel distance Table 9—2 given below shall be

followed. If travel distance exceeds that given in the table

below, additional staircases shall be provided.

Table 9—2 : Travel Distance for Occupancy and Type of

Construction

Group of

Occupancy

Maximum Travel Distance Construction (m)

Type 1 &2

Type 3 & 4

1

2

3

Residential (A)

30.0

22.5

Educational (B)

30.0

22.5

Institutional (C)

30.0

22.5

Assembly (D)

30.0

30.0

Business (E)

30.0

30.0

152 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

1

2

3

Mercantile (F)

30.0

30.0

Industrial (G)

45.0

Construction type 3 and 4 not

permitted.

Storage (H)

30.0

Construction type 3 and 4 not

permitted.

Hazardous (J)

22.5

Construction type 3 and 4 not

permitted.

Notes:—

• For fully sprinkled building, the travel distance may be

increased by 50% of the values specified above.

• Ramps shall be counted as one of the means of escape

wherever permitted in National Building Code, 2016.

(e) In multi-story basements, intake ducts may serve all

basement levels, but each basement level and basement

compartment shall have separate smoke outlet duct or

ducts. Ducts so provided shall have the same fire resistance

rating as the compartment itself. Fire rating may be taken

as the required smoke extraction time for smoke extraction

ducts.

(f)

Mechanical extractors for smoke venting system from

lower basement levels shall also be provided. The system

shall be of such design as to operate on actuation of

heat/smoke sensitive detectors or sprinklers, if installed,

and shall have a considerably superior performance

compared to the standard units. It shall also have an

arrangement to start it manually.

(g) Mechanical extractors shall have an internal locking

arrangement, so that extractors shall continue to operate

and supply fans for HVAC shall stop automatically with

the actuation of fire detectors.

(h) Mechanical extractors shall be designated to permit 30 air

changes per hour in case of fire or distress call. However,

for normal operation, air changes schedule shall be as given

in Part 8, Building Services, Section 3, Air-conditioning,

Heating and Mechanical Ventilation of National Building

Code, 2016.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 153

(i)

Mechanical extractors shall have an alternative source of

supply.

(j)

Ventilating ducts shall be integrated with the structure and

made out of brick masonry or reinforced cement concrete

and when this duct crosses the transformer area or electrical

switchboard, fire dampers shall be provided.

(k) Use of basements for kitchens working on gas fuel shall not

be permitted, unless air conditioned. The basement shall

not be permitted below the ward block of a hospital/nursing

home unless it is fully sprinkled. Building services such as

electrical sub-stations, boiler rooms in basements shall

comply with the provisions of the Indian Electricity

Act/Rules. Boiler room shall be provided at the first

basement along the periphery wall with fire resistance

rating Table 1 of Part IV of the NBC, 2016 and Tables 2 to

18 of Part IV of the NBC, 2016) or shall be separated with

the blast wall.

(l)

If cut-outs are provided from basements to the upper floors

or to the atmospheres, all sides cut-out openings in the

basements shall be protected by sprinkler head at close

spacing so as to form a water curtain in the event of a fire.

(m) It is essential to make provisions for drainage of any such

water on all floors to prevent or minimize water damage of

the contents. The drain pipes should be provided on the

external wall for drainage of water from all floors. On large

area floors, several such pipes may be necessary which

should be spaced 30 m apart. Care shall be taken to ensure

that the construction of the drain pipe does not allow spread

fire/smoke from floor to floor.

9.2.6

Compartmentation :

(a) The building shall be suitably compartmentalized so that

fire/smoke remains confined to the area where fire incident

has occurred and does not spread to the remaining part of

the building.

(b) Compartmentation and Pressurization method shall be

adopted (as per clause 4.10 of Part 4 of NBC, 2016) to

154 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

protect escape routes against ingress of smoke, or toxic

gases into the

escape routes will be prevented.

Pressurization shall be adopted for high rise buildings and

building having mixed occupancy/multiplexes having

covered area more than 500 m2.

9.2.7

Corridors :

(a) Exit corridors and passageways shall be of width not less

than the aggregate required width of exit doorways leading

from them in the direction of travel to the exterior.

(b) The minimum width of a corridor in a residential building

shall be 1.0 m for single loaded and 1.8 m for double

loaded and in all other buildings shall be 1.5 m.

(c) Where

stairways

discharge

through

corridors

and

passageways, the height of corridors and passageways shall

be not less than 2.4 m.

(d) All means of exit including staircases lifts lobbies and

corridors shall be ventilated.

9.2.8

Glass Façade/Service Ducts/Shafts/Refuge Area/Vents :

(a) An Opening to the glass façade of min. width 1.5 m and

height 1.5 m shall be provided at every floor at a level of

1.2 m from the flooring facing compulsory open space as

well as on road side. Construction that complies with the

fire rating of the horizontal segregation and has any gap

packed with a non-combustible material to withstand

thermal expansion and structural movement of the walling

without the loss of seal against fire and smoke.

(b) Mechanism of Opening: The openable glass panel shall be

either left or right shall have manual opening mechanism

from inside as well as outside. Such openable panels shall

be marked conspicuously so as to easily identify the

openable panel from outside.

(c) Fire seal to be provided at every floor level between the

external glazing and building structure.

(d) The glazing used for the façade shall be of toughened

(tempered) safety glass as per I.S.2553.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 155

(e) To avoid fire propagation vertically from one floor to

another floor, a continuous glass I must be separated

internally by a smoke/fire seal which is of non-combustible

material having a fire resistance rating of not less than

2 hours.

(f)

Service ducts and shafts shall be enclosed by walls and

doors with fire resistance rating (clause Error! Reference

source not found. of Error! Reference source not

found.). All such ducts/shafts shall be properly sealed and

stopped fire ingress at all floor levels.

(g) A vent opening at the top of the service shaft shall be

provided having an area between one-fourth and one-half

of the area of the shaft.

(h) The openable vent of minimum 2.5% of the floor area shall

be provided. The openable vent can be pop out type or

bottom hinged provided with fusible link opening

mechanism and shall also be integrated with Automatic

Smoke Detection System

(i)

Alternate vertical glass panels of the façade shall be

openable type with the mechanism mentioned above in

order to ventilate the smoke.

(j)

Refuge areas covered with the glass façade shall have all

the panels fully openable (either left or right hinged) both

from inside as well as outside.

(k) Glass quality and Practice of use of Glass in buildings shall

have to be in conformity with the BIS codes as given in

Table 9—3 below:—

Table 9—3: Glass quality and Use of glass in buildings

IS Code

Specifications

1

2

2553 (Part 1):1990 Specification for safety glass: Part 1 General

purpose (third revision)

2835:1987

Specification for flat transparent sheet glass

(third revision)

438:1994

Specification for silvered glass mirrors for

general purposes (second revision)

156 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

1

2

5437:1994

Specification for figured rolled and wired glass

(first revision).

14900:2000

Specification for transparent float glass.

16231 Part 1

General methodology for selection

16231 Part 2

Energy and Light.

16231 Part 3

Fire and Loading

16231 Part 4

Safety related to Human Impact

9.3

Building Services :

9.3.1

Staircase and Corridor Lighting :

(a) The staircase and corridor lighting shall be on separate

service and shall be independently connected so as it could

be operated by one switch installation on the ground floor,

easily accessible to fire-fighting staff at any time

irrespective of the position of the individuate control of the

light points, if any.

(b) Staircase and corridor lighting shall also be connected to

alternate supply from parallel high-tension supply or to the

supply from the stand-by generator.

(c) Emergency lights shall be provided in staircase and

corridor/passageway, horizontal exits, refuge area; and all

wires and other accessories used for emergency light shall

have fire retardant property.

9.3.2

Electrical Services :

(a) The electric distribution cables/wiring shall be laid in

separate duct the duct shall be sealed at every floor with

non-combustible materials having the same fire resistance

as that of the duct. Low and medium voltage wiring

running in shaft and in false ceiling shall run in separate

conduits.

(b) Water mains, telephone cables, intercom cables, gas pipes

or any other service line shall not be laid in the duct for

electric cables. Use of bus ducts/solid rising mains instead

of cables is preferred.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 157

(c) The provision of dedicated telecommunication ducts for all

new building proposals is mandatory for conveyance of

telecommunication and other data cables.

(d) Separate circuits for water pumps lifts, staircases and

corridor lighting and blowers for pressurizing system shall

be provided directly from the main switchgear panel (for

detailed specifications refer NBC, 2016, chapter 4 Fire and

Life Safety).

9.3.3

Alternate Source of Electric Supply :

A stand-by electric generator shall be installed to supply power

to staircase and corridor lighting circuits, fire lifts, the stand-by

fire pumps, pressurization fans and blowers, smoke extraction

and damper system in case of failure of normal electric supply.

The generator shall be capable of taking starting current of all

the machines.

9.3.4

Air-conditioning :

Air-conditioning shall conform to the following :—

(a) Escape routes like staircases, common corridors, lift

lobbies, etc. shall not be used as return air passage.

(b) The ducting shall be constructed of sufficient gauge metal

in accordance with good practice.

(c) Wherever the ducts pass through fire walls or floors, the

opening around the ducts shall be sealed with materials

having fire resistance rating of the compartment.

(d) Where duct crosses a compartment which is fire rated, the

ducts shall be fire rated for same fire rating. Further

depending on services passing around the duct work, which

may get affected in case of fire temperature rising, the

ducts shall be insulated.

(e) Metallic ducts shall be used even for the return air instead

of space above the false ceiling.

(f)

Where plenum is used for return air passage, ceiling and its

fixtures shall be of non-combustible material.

158 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

(g) The materials used for insulating the duct system (inside or

outside) shall be of non-combustible material; glass wool

shall not be wrapped or secured by any material of

combustible nature.

(h) Air ducts serving main floor areas, corridors, etc. shall not

pass through the staircase enclosure.

(i)

The air-handling units shall be separate for each floor and

air ducts for every floor shall be separated and in no way

inter-connected with the ducting of any other floor.

(j)

If the air-handling unit serves more than one floor, the

recommendations given above shall be compiled with in

addition to the conditions given below.

(k) Proper arrangements by way of automatic fire dampers

working on smoke detector/or fusible link for isolating all

ducting at every floor from the main riser shall be made—

(i)

When the automatic fire alarm operates, the

respective air-handling units of the air-conditioning

system shall automatically be switched off.

(ii) The vertical shaft for treated fresh air shall be of

masonry construction.

(iii) The air filters of the air-handling units shall be of

non-combustible materials or fire rated.

(iv) The air-handling unit room shall not be used for

storage of any combustible materials.

(v) Inspection panels shall be provided in the main

trunking to facilitate the cleaning of ducts of

accumulated

dust

and

to

obtain

access

for

maintenance of fire dampers.

(vi) No combustible material shall be fixed nearer than

150 mm to any duct unless such duct is properly

enclosed and protected with non-combustible material

(glass wool or spyglass with neoprene facing enclosed

and wrapped with aluminium sheeting) at least

3.2 mm thick and which would not readily conduct

heat.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 159

9.3.5

Transformers :

(a) If transformers are housed in the building below the ground

level it shall be necessarily in the first basement in separate

fire resistance room of 4 hours rating. Transformer shall be

dry type and shall be kept in an enclosure with walls, doors

and cut-outs having fire resistance rating of 4 hour. The

room shall necessarily be at the periphery of the basement

having separate and direct access from open area at ground

floor through a fire escape staircase. The entrance to the

room shall be provided with a steel door of 2 hours fire

rating. A curb of a suitable height shall be provided at the

entrance in order to prevent the flow of oil from ruptured

transformer into other parts of the basement. The

switchgears shall be housed in a separate room separated

from the transformer bays by a fire-resisting wall with fire

resistance not less than 4 hours.

(b) The transformer shall be protected by an automatic foam

sprinkler system. When housed at ground floor level it/they

shall be cut-off from the other portion of premises by Fire

Resisting Walls of 4 hours rating.

(c) A tank of RCC construction of adequate capacity shall be

provided at lower basement level, to collect the oil from the

catch pit in case of emergency. The pipe connecting the

catch-pit to the tank shall be of non-combustible

construction and shall be provided with a flame-arrester.

(d) The electric sub-station shall be located in a separate

building in accordance to I.E. Rules 68(I) and 64(I) (a).

(e) If this is not possible due to site conditions, the sub-station

shall be located on the ground floor. As far as possible sub-

station shall not be installed in a basement, for such

situations special provisions like mechanical ventilation,

wherever required, cable ducting, cable trays, top/bottom

entry of HV/LV cable, hooks on Transformer(s) & HV

panels,

adequate

fire

detection

and

fire-fighting

arrangement, adequate drainage, effective measures to

prevent flooding etc. shall be provided. Adequate

precautions shall also be taken for water proofing to

160 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

prevent seepage of water. A ramp shall also be provided

with a slope, not steeper than 1 in 7, for easy movement of

equipment to and from sub-station.

(f)

Fire regulations-The installations shall be carried out in

conformity with the local regulations and rules thereunder

wherever they are in force. At other places NBC, 2016

guidelines shall be followed.

9.3.6

Gas supply :

(a) Town Gas/L.P. Gas Supply Pipes-Where gas pipes are run

in buildings, the same shall be run in separate shafts

exclusively for this purpose and these shall be on external

walls, away from the staircases. There shall be no

interconnection of this shaft with the rest of the floors.

(b) LPG distribution pipes shall always be below the false

ceiling. The length of these pipes shall be as short as

possible. In the case of kitchen cooking range area, apart

from providing hood, covering the entire cooking range, the

exhaust system should be designed to take care of 30 CUM

per minute per sq.m. of hood protected area. It should have

grease filters using metallic grill to trip oil vapours

escaping into the fume hood.

Note:—For detailed information on gas pipe installations,

reference may be made to Para 9 ‘Plumbing Services,

Section 3 Gas Supply’, of NBC, 2016.

(c) For large/commercial kitchens all wiring in fume hoods

shall be of fiber glass insulation. Thermal detectors shall be

installed into fume hoods of large kitchens for hotels,

hospitals and similar areas located in high rise buildings.

Arrangements shall be made for automatic tripping of the

exhaust fan in case of fire.

(d) If LPG is used, the same shall be shut off. The voltage shall

be of 24 V or 100 V DC operated with the external

rectifier. The valve shall be of the hand re-set type and shall

be located in an area segregated from cooking ranges.

Valves shall be easily accessible. The hood shall have

manual facility for steam or carbon dioxide gas injection,

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 161

depending on duty condition; and Gas meters shall be

housed in a suitably constructed metal cupboard located in

a well-ventilated space, keeping in view the fact that LPG

is heavier than air and town gas is lighter than air.

9.3.7

Boiler Room :

Further, the following additional aspects may be taken into

account in the location of Boiler/Boiler Room:—

(a) The boiler shall not be allowed in sub-basement but be

allowed in the first basements away from the escape routes.

(b) The boilers shall be installed in a fire resisting room of 4

hours fire resistance rating, and this room shall be situated

on the periphery of the basement. Catch pit shall be

provided at the low level. Entry to this room may be

provided with a composite door of two-hour fire resistance.

(c) The boiler room shall be provided with fresh air inlets and

smoke exhausts directly to the atmosphere.

(d) Foam inlets shall be provided on the external walls of the

building at the ground floor level to enable the fire services

to use foam in case of fire.

(e) The furnace oil tank for the boiler, if located in the

adjoining room shall be separated by fire resisting wall of

4-hour rating. Entry to this room shall be provided with a

composite door of 2-hour fire resistance. A curb of suitable

height shall be provided at the entrance in order to prevent

the flow of oil into the boiler room in case of tank rupture.

9.3.8

Helipad :

Buildings above 200 m in height, helipad may be provided.

9.3.9

Disaster Management (Fire Safety) :

Refer Part 4 of NBC 2016 for minimum requirements for fire-

fighting installations.

9.3.10 Structural Safety :

As per provisions made for Structural Safety in Chapter 6 of

MBBL 2016 and from Section 12.2.5.1 of NBC 2016 or its latest

version.

162 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

The application for seeking building permit shall be

accompanied with a report of Architect/Structural Engineer

certifying that the proposed structure has been designed

structurally keeping in view the safety measures against

earthquakes as indicated in the following Bureau of Indian

Standards (B.I.S.).

List of Codes Published by CED 39 (Earthquake Code Committee)

of Bureau of Indian Standards

Sr.

No.

Code No

Year of

Revised

Publicat-

ion

Year of

Reaffir-

mation

Title

1

2

3

4

5

1

IS 13935

2009

2014

Seismic Evaluation, Repair and

Strengthening

of

Masonry

Buildings-Guidelines.

2

IS 1893:

Part 1

2016

Criteria

for

Earthquake

Resistant Design of Structure-

Part 1 : General Provisions and

Buildings.

3

IS 4326

2013

Earthquake resistant design and

construction of buildings-Code

of practice.

4

IS 13920

2016

Ductile Design and Detailing of

Reinforced Concrete Structures

Subjected to Seismic Force-

Code

of

Practice

(First

Revision).

5

IS 13827

1993

2013

Improving earthquake resistance

of earthen buildings-Guidelines.

6

IS 13828

1993

2013

Improving earthquake resistance

of

low

strength

masonry

buildings-Guidelines.

7

IS 1893:

Part 2

2014

Criteria

for

Earthquake

Resistant Design of Structures-

Part 2 Liquid Retaining Tanks.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 163

1

2

3

4

5

8

IS 1893:

Part 3

2014

Criteria

for

Earthquake

Resistant Design of Structures

Part 3 Bridges and Retaining

Walls.

9

IS 1893:

Part 4

2015

Criteria

for

Earthquake

Resistant Design of Structures

Part 4 Industrial Structures

Including Stack-Like Structures

(First Revision).

10

IS 4967

1968

2015

Recommendations for Seismic

instrumentation for river valley

projects.

11

IS 4991

1968

2013

Criteria for blast resistant design

of structures for explosions

above ground.

12

IS 6922

1973

2013

Criteria for safety and design of

structures subject to under-

ground blasts.

9.3.11 Sustainable Environment and Buildings :

Refer CHAPTER 11 : of this document.

9.3.12 General :

(a) Architectural elements such as louvers, pergolas, other

sunshine materials should be free from FAR.

(b) Any architectural roof top structures would also be

permitted out of FAR if not used for habitable or

commercial purposes.

(c) Building elements such as sky bridges and landscape

terraces which are meant for community purposes only

shall be permitted free of FAR.

(d) Services can be permitted on roofs with adequate screening

for the same.

(e) Service floors shall not be counted in FAR. Service area on

habitable floors may be considered free from FAR.

(f)

Atrium/Atria at any floor will be counted only once in the

FAR. Atrium may be enclosed by light roofing or R. C. C.

as per NBC, 2016.

164 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

(g) Scissor staircase would be permitted provided all travel

distance and fire norms are adhered to.

(h) Stilts in high-rise will not be restricted to height. of 2.4m as

long as it is used for parking.

(i)

Multilevel car parking with car lifts would be permitted

with adequate fire safety.

9.4

Tall Building :

Building with height more than 50 m shall be considered as Tall

buildings. All the provisions and norms applicable for High Rise

Building shall be also applicable for Tall Buildings. In addition

to that, Tall Buildings shall be allowed only on the roads having

minimum ROW 60m with standard service lanes.

CHAPTER 10

RAINWATER HARVESTING

This chapter gives the mandatory requirements of water

conservation. The methods and techniques shall be adopted from

NBC, 2016.

10.1 The Rainwater Harvesting (RWH) system:

The harvesting of rainwater simply involves the collection of

water from surfaces on which rain falls, and subsequently storing

this water for use. The rainwater collected can be stored for

direct use or can be recharged into the underground aquifers. In

scientific terms water harvesting (broadly) refers to collection

and storage of rainwater from the rooftops. This also restricts

evaporation and seepage into building foundations. All buildings

having a plot size of 100 sq.m. Or more, while submitting the

building plans for sanction, shall mandatorily include the

complete proposal of rainwater harvesting.

A rainwater harvesting system consists of—

(a)

Roof catchment ;

(b)

Gutters ;

(c)

Down pipes ;

(d)

Rainwater/Storm water drains ;

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 165

(e)

Filter Chamber ;

(f)

Storage Tanks/Pits/Sumps ;

(g)

Ground Water recharge structures like pit, trench, tube well

or combination of above structure.

Rainwater Harvesting is a way to capture the rain runoff, store

that water above ground or charge the underground aquifers and

use it later. This happens naturally in open rural areas. But in

congested, over-paved metropolitan cities, there is a need to

devise methods to capture the rainwater. The rainwater that is

incident on the surface/rooftop is guided to bore wells or pits or

new/old/abandoned wells through small diameter pipes to

recharge the underground water which can be used later

whenever required.

Rainwater can be harvested to the extent of 55,000 litres per

100 sq. m. area per Year from rooftops.

10.2 Rainwater harvesting techniques:

There are two main techniques of rainwater harvestings—

(a)

Storage of rainwater on surface for future use.

(b)

Recharge to ground water.

The technical aspects and options of Rainwater harvesting from

which the city authorities can assess and choose to adopt

(Refer Appendix for the technical aspects and options as

suggested by Model Building Bye-Laws, 2016).

10.3 Harvesting provisions in various Building categories:

All buildings in a city contribute to the rainwater runoff during

the monsoon and hence such runoff can be harvested for water

reuse/recharge. The indicative provisions of rainwater harvesting

in various buildings types are:

Table 10—1: Provisions for Rainwater harvesting by building

types

Category

Use

Area

of

Plot (sq.m.)

Provision to be made

Other conditions

Residential Plotted Houses

New

Proposals

100 and

above

Construction of Rain water

Harvesting Structure

Shall have emphasis

on both storage and

reuse.

166 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

Category

Use

Area

of

Plot (sq.m.)

Provision to be made

Other conditions

Group Housing

New

Proposals

All

plot

sizes

(i) Construction

of

Rainwater Harvesting

Structure.

(ii) Concrete paving to be

avoided

and

permeable

materials

are to be used for all

open parking spaces.

(i) Should indicate

the system of

Strom

Water

Drainage,

Rainwater

Harvesting

Structure

and

Recharging

Well.

Public and Semi-public Buildings

All

Proposals

All

Plot

Sizes

(i) Shall have Rain water

Harvesting

Structure

and storage

(ii) Shall have Recharge

pits.

Shall have emphasis

on both storage and

reuse.

Commercial Mixed Use

All

Proposals

All

Plot

Sizes

Construction of Rainwater

Harvesting Structure.

Soft landscape provision

and

open

spaces

with

percolation pits.

Common treatment plant to

be

made

part

of

the

integrated

development,

funded

by

sale

of

commercial space.

Should indicate the

system

of

Strom

Water

Drainage,

Rainwater.

Harvesting Structure

and

Recharging

Well.

Shall have emphasis

on both storage and

reuse.

Industrial

All

Proposals

All

Plot

Sizes

Construction of Rainwater

Harvesting Structure.

Soft landscape provision

and

open

spaces

with

percolation pits.

Use of abandoned bore

wells for recharging of

ground water.

iii

Common

treatment

plant to be made part of the

integrated

development,

funded

by

sale

of

commercial space.

Should indicate the

system

of

Strom

Water

Drainage,

Rainwater.

Harvesting Structure

and

Recharging

Well.

Provision should be

made not to inject

contaminate

water

into

recharge

structures

in

industrial areas and

care is to be taken to

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 167

Category

Use

Area

of

Plot (sq.m.)

Provision to be made

Other conditions

keep such structures

away from

sewer

lines, septic tanks,

soak pits, landfill

and other sources of

contamination.

Other Uses

Other

Proposals

All

Plot

Sizes

Similar as above

Similar as above

10.4 Rainwater Harvesting Provisions for Open spaces in cities:

The open spaces/recreational land use generally constitute

regional parks, district parks, playground and stadium, sports

complex, monument zones, public parking, Plaza and other

public open space. This may be as high as 30% to 50% of the

city’s geographic area. All such public open spaces above the

size of 500 sq.m. shall have arrangements for complete

utilization and capture of storm water with scientific rainwater

harvesting arrangements.

Following ideas may also be included :—

(a)

Well cum Channel cum Percolation pits.

(b) Use of abandoned bore wells for recharging of ground

water.

(c)

Artificial or natural Storage of storm water runoff from

larger sites.

10.5

Ground Water Recharge:

Recharging of ground water should be made mandatory not only

for residential buildings but for all types of buildings, including

Group Housing Societies having a plot area more than 500 sq. m.

and above.

The Ground Water Recharge should also be mandatory for open

spaces like parks, parking, plazas and playgrounds. The

harvesting and recharge structures could be constructed by the

Authority

with

the

involvement

of

community-based

organizations like Resident Welfare Associations.

168 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

10.6

Enforcement and Monitoring:

(a)

The Authority shall constitute a Rainwater Harvesting Cell

which will be responsible for enforcement and monitoring

of the provisions of Rainwater Harvesting. The cell shall

employ qualified persons who are well versed with the

interpretation of Building Bye-laws and responsible for

enforcement as well as monitoring the functioning of the

Rainwater Harvesting System.

(b)

The Authority shall include inspection of Rainwater

Harvesting

Structures

before

issuing

Completion

Certificates or NOCs for service connections to the

property.

(c)

Set an example in the city by ensuring that Rainwater is

harvested in the properties/assets owned by them including

public buildings, markets, community enters, parking

spaces, roads, and parks etc.

(d)

The Authority shall also establish a mechanism to monitor

100% of RWH provisions in all the buildings above 1000

sq.m. with annual physical verification, while buildings less

than 1000 sq.m. can be monitored on the basis of 10%

random survey by BPIA.

(e)

With regard to open public spaces viz., Parks, playgrounds

etc. the implementation of provision rainwater harvesting

may be done with the help of Residents Welfare

Associations, Community Building Organization and Non-

Governmental Organizations.

(f)

The Authority shall ensure earmarking budgetary provision

for the creation and maintenance of rainwater harvesting

structures in public spaces owned and maintained by them,

like parking spaces, parks, plazas etc.

(g)

The practice of incentives and penalties to promote

rainwater harvesting shall be formulated by the local

authority based on best practices. Authority shall design its

own incentive and penalty systems, considering the water

level and scarcity.

Note:—For Methods of Rainwater Harvesting etc. refer

the NBC, 2016 or its latest version.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 169

CHAPTER 11

GREEN BUILDING AND SUSTAINABILITY

11.1 Provisions:

Modern buildings consume about 25 to 30% of total energy, and

up to 30 % of fresh potable water, and generate approximately

40% of total waste. Sustainable buildings have demonstrated

reduction in energy and water consumption to less than half of

the present consumption in conventional buildings, and complete

elimination of the construction and operational waste through

recycling.

Thus, all buildings on various plot sizes above 100 sq.m. Shall

comply with the green norms and conform to the requirements

mandatory for sanction as mentioned in this chapter.

These provisions are not specific to any rating system and are

not intended to provide a single metric indication of overall

building performance. These provisions allow the practitioners to

easily exercise their engineering judgment in holistically and

objectively applying the underlying principles of sustainability to

a development or building facility, considering its functionality

and required comfort level.

11.2

Provisions and Applicability:

The green building provisions on various plot sizes are indicated

in the table below:—

Table 11—1: Provisions and applicability for various plot sizes

(Residential and Non-Residential)

Plot

Cate-

gory

Applicable

Plot area

Provision for Residential

Provision for Non-

Residential

I

Up to 100

Nil

Nil

II

100 to 500

1(a), 2(a), 2(b), 4(a)

1(a), 2(b), 4(a)

500 to 1000

1(a), 1(c), 2(b), 3(c) 4(a)

1(a), 1(c), 2(a), 2(b),

3(c), 4(a)

1000 to 3000

1(a),1(c),1(d),2(a), 2(b),

3(b), 3(c)

1(a),1(c),1(d),2(a),

2(b), 3(b), 3(c)

III

Above 3000

1(a),1(b),1(c),1(d),2(a),

2(b), 3(a)

1(a),1(b),1(c),1(d),2(a),

2(b), 3(a)

*Note :—Provisions marked 1(a), 2(b) etc. are as per section 13.3.

170 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

The schemes/projects formulated on the basis of provisions

given in Master plan/Zonal Development Plan will require

approval as indicated :

EIA/ECC (as per MoEF and CC), National Building Code, 2016

or its latest version, ECBC 2007 or latest, BEE Star rating/LEED

of IGBC/GRIHA of TERI Certification.

EIA—Environmental Impact Assessment Study Report,

ECC—Environmental Clearance Certificate,

MoEF—Ministry of Environment and Forest,

National Building Code, 2016 or its latest version—National

Building Code,

ECBC—Energy Conservation Building Code,

BEE—Bureau of Energy Efficiency,

LEED—Leadership in Energy and Environment Design,

IGBC—Indian Green Building Council,

GRIHA—Green Rating for Integrated Habitat Assessment,

TERI—The Energy and Resources Institute.

The prevailing provisions of the above shall be applicable.

However, if there are any modification in the same, the modified

provisions shall become automatically applicable.

11.3 Provisions for Sanction :

1. Water Conservation and Management—

(a) Rainwater Harvesting

(b) Low Water Consumption Plumbing Fixtures

(c) Wastewater Recycle and Reuse

(d) Reduction of Hardscape

2. Solar Energy Utilization—

(a) Installation of Solar Photovoltaic Panels

(b) Installation of Solar Assisted Water Heating Systems

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 171

3. Energy Efficiency (Concept of passive solar design of buildings)

(a) Low Energy Consumption Lighting Fixtures (Electrical

Appliances—BEE Star and Energy Efficient Appliances).

(b) Energy Efficiency in HVAC systems.

(c) Lighting of Common areas by solar energy/LED devices.

4. Waste Management

(a) Segregation of Waste

(b) Organic Waste Management

In case owners of properties desire to procure green building

ratings from one or more rating bodies, they may suitably

incorporate any other provisions if required and additional

incentive FAR as per Master Plan may be availed.

11.3.1 Provisions for City and Site level greening:

In alignment with National Sustainable Habitat Mission, the

Authority shall encourage augmentation of green cover in the

city/plot, by following :—

The Urban Greening Guidelines, 2014 and other provisions as

given below:—

(a)

Provision of minimum 1 tree/every 80 sq. m. of plot area

for plot sizes >100 sq. m. and planted within the setback of

the plot.

(b)

Compensatory Plantation for felled/transplanted tress in

the ratio 1:3 within the Premises under consideration.

(c)

Choice of species for plantation in site and abutting the road

to be adopted as per Section 8 of the Urban Green

Guidelines, 2014.

(d)

The unpaved area shall be more than or equal to 20% of

the recreational open spaces.

11.3.2 Water Re-use and Recycling:

All building having a minimum discharge of 10,000 Litres and

above per day shall incorporate wastewater recycling system. The

recycled water should be used for horticultural purposes (Details

are explained in Chapter 14 Grey Water Recycling).

172 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

11.3.3 Rooftop Solar Energy Installations :

Rooftop photovoltaic power station, or rooftop PV system, is a

photovoltaic system that has its electricity-generating solar

panels mounted on the rooftop of residential or commercial

buildings. The various components of such a system include

photovoltaic modules, mounting systems, cables, solar inverters

and other electrical accessories. Rooftop PV systems are faster

than other types of renewable power plants. They’re clean, quiet,

and visually unobtrusive. Table 10.2 below stipulates the Norms

for Rooftop Solar PV Installation.

Table 11—2 : Norms for Rooftop Solar PV Installation and

generation

S.

No.

Category of

buildings/area

Area standards

Generation requirement

Plotted Housing

1.

Plotted

Housing

For HIG Plots

and above

Minimum 5% of connected

load

or

20W/sq.ft.

for

“available

roof

space”**,

whichever is less.

2.

Group

Housing

All proposals,

as per Group

Housing

Norms

Minimum 5% of connected

load or 20W/sqft for “available

roof space”, whichever is less.

All other buildings (Government or Private, defined as per

clause 1.16 b to g) (mandatory for buildings having shadow free

rooftop area > 50 sq.m.)

3.

Educational

Plot size of 500

sq.m.

and

above

Minimum 5% of connected

loador

20W/sq.ft.

for

“available roof

space”,

whichever is less.

4.

Institutional

5.

Commercial

6.

Industrial

7.

Mercantile

8.

Recreational

* Area provisions on roof top shall be @12 sq. m. per 1KWp,

as suggested by Ministry of New and Renewable Energy.

** “Available roof area”=70% of the total roof size, considering

30% area reserved for residents’ amenities.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 173

11.3.4 Installation of Solar Assisted Water Heating System in

Buildings :

(a)

No new building in the following categories in which there

is a system of installation for supplying hot water shall be

built unless the system of the installation is also having an

auxiliary solar assisted water heating system:—

(i)

Hospitals and Nursing Home.

(ii)

Hotels, Lodges, Guest Houses, Group Housing with

a plot area of 4000 sq. m.

(iii) Hostels of Schools, Colleges and Training Centres

with more than 100 Students.

(iv)

Barracks of armed forces, paramilitary forces and

police.

(v)

Individual residential buildings having more than

150 sq m. plinth area.

(vi)

Functional Buildings of Railway Stations and Air

Ports like waiting rooms, Retiring rooms, rest

rooms, inspection bungalows and catering units.

(vii) Community Centres, Banquet Halls, Barat Ghars,

Mangal Karyalayas and Buildings for similar use.

(b)

Definitions :

(i)

“Solar Assisted Water Heating System”.—A device

to heat water using solar energy as heat source.

(ii)

“Auxiliary back-up” Electricity operated or fuel

fired boilers/systems to heat water coming out from

solar water heating system to meet continuous

requirement of hot water.

(iii) “New Building” Such buildings of above said

categories for which construction plans have been

submitted to the Authority for clearance.

(iv)

“Existing building” Such buildings, which are

licensed to perform their respective business.

174 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

(c)

Installation of Solar Water Heating System :

(i)

New Buildings : Clearance of plan for the

construction of new buildings of the aforesaid

categories shall only be given if they have a

provision in the building design itself for an

insulated pipeline from the rooftop in the building to

various distribution points where hot water is

required. The building must have a provision for

continuous water supply to the solar water heating

system. The building should also have open space

on the rooftop, which receives direct sun light. The

load bearing capacity of the roof should at least be

50 kg. per sq. m. All new buildings of above said

categories must complete installation of solar water

heating systems before obtaining necessary license

to commence their business.

(ii)

Existing Buildings : Installation of Solar Assisted

Water Heating Systems in the existing building

shall be made mandatory at the time of change of

use to above said category provided there is a

system or installation for supplying hot water.

(d)

Capacity : The capacity of solar water heating system to

be installed on the building of different categories shall be

decided in consultation with the local bodies. The

recommended minimum capacity shall not be less than 25

litres per day for each bathroom and kitchen subject to the

condition that maximum of 50% of the total roof area is

provided with the system.

(e)

Specifications : Installation of Solar Assisted Water

Heating Systems shall conform to BIS specification IS

12933. The solar collectors used in the system shall have

the BIS certification mark.

(f)

Auxiliary System : Wherever hot water requirement is

continuous, auxiliary heating arrangement either with

electric elements or oil of adequate capacity can be

provided.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 175

11.3.5 Sustainable Waste Management :

Zero Waste is a concept of waste management and planning

approaches that emphasize waste prevention as opposed to end

waste management. This means restructuring production and

distribution systems, designing and managing products and

processes to systematically follow the 3R rule of Reduce, Re-use

and Re-cycle the volume of waste, to conserve and recover all

used resources, and therefore eliminating all discharges to

landfills, and prevent air, water and land pollution. Zero

Waste/land-fill can be achieved by adopting systematic approach

of segregation at source by planning, by collection facilitation

and most importantly by creating public awareness. The green

waste can be converted into fuel cakes, kitchen waste into

manure, construction & demolition waste into bricks, plastic

waste into oil, paper, and glass and steel back into the same and

all residual inert materials can also be converted into bricks.

Achieving zero land -fill is more conveniently possible, if—

(a) The collection is made from house to house and some

segregation is done at household level

(b) Separate wet and dry bins must be provided at the ground

level.

(c) The recycling is done at decentralized, say, ward or even

lower levels.

11.3.6 Sustainability of Building Materials :

Sustainability of natural resources for building materials shall be

ensured through Conservation of available natural resources and

use of supplementary materials such as Industrial/agricultural

by-products, renewable resources, and factory-made building

components and recycled construction and demolition waste.

Supplementary building materials (derived or processed waste)

shall be suitably used in combination with conventional

resources offers dual advantages in purview of Health &

environmental benefits.

176 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

Use of Factory made pre-fab/pre-cast and recycled components

with Green benefits :

(a)

Panels, hollow slabs, hollow blocks-etc.-conservation of

materials, less water requirement.

(b)

Fly Ash bricks, Portland Pozzolana cement, Fly ash

concrete, phosphorgypsum-based walling and roofing

panels,

particle

wood-recycled

use

of

industrial/

agricultural by-products.

(c)

Fly ash/AAC (Autoclaved aerated lightweight\concrete)

panels/CLC (Cellular lightweight concrete) panels-ensures

thermal comfort (significant reduction in air conditioning

requirement).

(d)

Use of bamboo and rapidly growing plantation timbers-

environmental benefits. Local materials are generally

suitable for prevailing geo-climatic conditions and have

advantage of low transportation cost and time. Sustainable

use of building materials shall be encouraged which may

combine certain mandatory provisions and incentives.

11.4 Various Guidelines for Green Rating systems :

The accreditation with the regulator-Bureau of Energy

Efficiency, Ministry of Power, GoI-will make the firms eligible

for Green Rating systems.

CHAPTER 12

GREY WATER RECYCLING

Whereas it is expedient to regulate the activities such as :—

(a)

Pre-treatment of Grey Water, sewage and grey water

before it is accepted for reuse for the purpose of non-

portable use ;

(b)

Installation of flow meters, samplers or other devices to

measure flow and quality of the sewage, recycled water

and industrial waste discharge ;

(c)

Pre-treatment of Grey water and Sewage as per

classification before it is accepted for discharge to the

sewerage system ;

(d)

Separation of non-portable water plumbing and portable

water plumbing ;

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 177

(e)

Sampling and monitoring of industrial waste discharges to

ensure compliance of conditions under the bye-laws;

(f)

Encouraging the use of treated recycles water for

non-portable use.

12.1 Definitions :

In these Bye-Laws :

‘Grey Water’ means water involving water from sinks, tubs,

showers and washing.

‘Industrial/Commercial Premises’ means any premises which is

being used or intended to be used (whether for profit or not) for

carrying on any trade, business, education, research or industry.

‘Commercial Waste’ or ‘Wastes’ are the waste removed from an

industrial plant or other premises by way of discharge of any

liquid, with or without matter in suspension or solution therein,

that is or may be discharged from trade premises in the course of

any trade or industrial process or operation or in the course of an

activity or operation of alike nature.

‘Inspector’ includes whoever the President/Executive Officer of

Municipal Committee/Council has appointed in writing for the

purposes of these bye-laws.

‘ISO5667’ means the latest edition complete with any

amendments, of international Standards ISO 5667:2003 Water

Quality Sampling.

Part 1: 1980 Guidance on the design of Sampling programmes.

Part 2: 1991 Guidance on sampling techniques.

Part 3: 1994 Guidance on the preservation and handling of

samples.

Part 10: 1992 Guidance on sampling of Grey water.

‘ISOTR9824’ means the latest edition complete with any

amendments,

of

international

Standard

ISO

TR

9824:

Measurement of liquid flow in open channels.

178 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

Part 1: 1990 Measurement of free surface flow in closed

conduits Methods.

Part 2: 1990 Measurement of free surface flow in closed

conduits Equipment.

‘Sewerage System’ means all types of sewer, appurtenances,

pumping stations, storage tanks, waste water treatment facility

plants, marine outfalls and other related structures existing in the

urban area and used for the reception, treatment and disposal of

waste water and also termed as “waste water system”

‘Waste minimization’ means the implementation on trade

premises, of operations and restrictions, appropriate to the goal

of reducing or eliminating the quantity and toxicity of wastes.

Section ‘A’ Applicability of Grey Water Reuse Bye-laws

12.1.1 Applicable to all group housing, commercial and industrial

premises which fall in one of the following categories :—

Category 1: Whose plot area is more than 2000 Sq. m.

Category 2: Water quota is more than 40,000 litres/day.

Category 3: Premises which has more than 50 dwelling unit of

any kind.

12.1.2 Exemptions

could

be

accorded

under

following

circumstances, as decided by the authority :

In case the existing premises cannot permit the provision of

additional overhead tank for the purpose of the use of treated

water.

If, in the existing structure, there is no space for installation of

treatment facility and collection chamber.

12.2 Enforcement of Bye-Laws :

In case of existing properties, President/Executive Officer of

Municipal Committee/Council or his authorized officer will

issue a notice to the occupier for making arrangements of for

reuse of Grey Water within specified time.

In case of proposed/intending/under redevelopment properties,

the occupier/developer/builder will submit an application

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 179

directly

or

through

his

authorized

consultant

to

the

President/Executive Officer of Municipality Committee/Council

with details of proposed ‘Discharge management Plan’ along

with the application for demand of water permission to connect

the Grey Water/Sewerage to municipal sewerage system where

ever applicable.

12.3

Granting a Permission :

Every premises will be granted permission for the discharge of

industrial waste or wastes to the municipal sewerage system only

if the recycling measures and conditions set forth in schedules

issued under this bye-law are fulfilled.

12.4

Waste tests and their results :

An occupier of an industrial plant or premises requiring a license

shall provide to the President/Executive Officer of Municipal

Committee/Council or an authorized officer once a year for the

purpose of receiving a license, test results of the industrial wastes

discharged from the plant or premises.

Without derogating the provisions specified in this Building

Bye-laws, the occupier of a premises requiring a license or the

occupier of a controlled plant or premises, shall provide to the

Authority, the test results of the industrial wastes or waste

discharged from the plant or premises at any time he is requested

in writing to do so by the President/Executive Officer of

Municipality Committee/Council.

The testing of wastes and the submission of the results shall be

done in a manner in accordance with the terms and conditions

prescribed by the Authority or an authorized officer in this regard.

This bye-law accords the Authority, his agent or an authorized

officer of their authority to visit the plant premises at any

reasonable time.

12.5

Notices for testing of discharge :

The Authority may order the testing of sample industrial waste or

wastes as described in clause 12.4 of this Building Bye-laws, he

180 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

feels that the circumstances so demand and he may, by written

notice, direct the plant or premises occupier to pay the expenses

of performing such tests.

A controlled plant whose occupier received notice as stated in

clause 12.4 of this Building Bye-Laws shall comply the

provisions of Clause 12.3 of this Building Bye-Laws prescribed

above for that purpose.

12.6 Operational Permission for the Grey Water Recycling

Treatment Plant :

The Authority may determine on the basis of test results of the

wastes that were provided to him or that were performed at his

instance or behalf, that a recycled water plant is fulfilling the

requirements and will issue permission in writing to put the plant

on permanent to the occupier.

The occupier shall operate the plant as specified.

12.7 Separation of Grey Water :

The wastes from toilets in the premises will be separated from

grey water that is of bathroom and kitchen wastes by means of

separate down take discharge system. The grey water shall be

recycled by providing recycling plant and shall be reused for

non-portable purposes after storing the same in distinctly

separate tank by means of purple coloured down take pipes. The

water quality shall conform to standards of non-potable water.

The recycled water shall be tested once in six months and results

shall be made available to Authority or his authorized officer

whenever demanded.

The make-up connection to the system will be done at the

collection tank of the treated water, through a free fall if from

Municipal water connection, but preferable from a local source

like bore-well.

12.8 Conditional Waste Discharge Permission :

Waste discharge of the conditional type plant will be allowed on

the issuance of conditional permission provided the conditional

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 181

type plant has recycling and reuse of water facility and not

exceeding limits given in as per Jammu and Kashmir Pollution

Control Board (JKPCB) norms.

12.9 Mandatory notice regarding changes :

An occupier of premises shall inform the Authority of any

change in the quality, nature or quality of the wastes discharged

from his plant or premises, the manner of their discharge or

extra requirement of external supply of water in variation or

violation of license under these Bye-laws.

12.10 Authority to change license/notice conditions :

The Authority or his authorized officer, having given a license or

a notice in writing, may revoke, modify or stipulate conditions to

the license or notice if not satisfied on inception of the plant,

premises or test reports.

12.11 Delivery of Notice/Permission :

Notice/permission required by this bye-law shall be deemed to

have been delivered lawfully if it is given in to the hand of their

intended receiver with acknowledgement, or delivered to his

place or residence or his place of occupation or place known to

be so with acknowledgement, or to adult member of his family or

to an adult employee with acknowledgement, or if sent by

registered mail to the same person according to his place of

residence, of normal place of employment recently known to be

so. If it is not possible to make the delivery as stated, the notice

will be assumed to have been delivered lawfully if the notice is

pasted in a conspicuous place in one of the above stated

locations.

12.12 Corrective action :

Any person violating the provisions of these bye-laws shall be

fined Rs. 5000/- only on the day of detection and if the violation

continues shall be fined Rs. 100/- only for every day as a

corrective action after a written notice from the Authority or his

authorized officer is delivered to him.

Failure to operate (as determined by the Inspector or authorized

officer of MC Municipality from the observations of test results

182 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

and/or physical verification) the recycling plant will attract a

penalty of Rs. 500/- per day and/or disconnection of water

connection.

12.13 Authorization of Officers :

The Authority will authorize his officers/inspectors and will

delegate the necessary powers for carrying various duties under

this bye-law.

CHAPTER 13

CLIMATE RESILIENT CONSTRUCTION-INTEGRATION OF

ENVIRONMENTAL CLEARANCE WITH SANCTION

Land,

Air,

Noise,

Water,

Energy,

biological/socio-

economic/solid/other waste management are the main facts

considered in relation to Pre, during and Post. Building

Construction

for

Sustainable

Environment

Management.

Therefore, it is necessary for the building process to ensure

compliance to various conditions laid down by the Ministry of

Environment, Forest and Climate Change (MoEF and CC).

The building construction sector is a major contributor towards

carbon footprints which affects climate change. India is

committed towards mitigating the effects of climate change and

moving

towards

internationally

accepted

norms

for

environmentally friendly building construction. Currently this

objective of environmental safeguard is achieved through

obtaining a specific environmental clearance (EC) for any

construction project having a size of more than 20,000 sq. m.

This is administered under notification of Ministry of

Environment, Forest and Climate Change.

With rapid urbanisation and growth of Indian economy, it is

anticipated that the construction activity will experience a

proportionate growth. Government is also committed towards

streamlining of clearances for buildings and real estate sector and

empowering the urban local bodies with an objective of ease of

doing business.

13.1 Environmental conditions for compliance during Building

approvals :

The Ministry of Environment, Forest and Climate Change has

now decided to integrate the environmental concerns into

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 183

building plan approval process and empowering the concerned

local body/development authority to approve and certify

compliance of stipulated requirements. The new building

construction proposals are classified in the following 3

categories :—

(i)

Conditions for Category ‘A’ Buildings: Built-up Area

5000 sq. m.-20000 sq. m.

(ii) Conditions for Category ‘B’ Buildings: Built-up Area

20000 sq. m.-50000 sq. m.

(iii) Conditions for Category ‘C’ Buildings: Built-up Area

50000 sq. m.-150000 sq. m.

States are, therefore, advised to amend their building by-laws by

incorporating the set of conditions for each category A, B and C

as mentioned above either for the entire State/UT or clearly

identified part thereof, where they would like to integrate the

environmental clearance conditions with building permissions

and empower the local authority to examine, stipulate and

ensure

compliance

of

conditions

required

to

address

environmental concerns the State/UT should submit such

proposal/notification at draft stage as well as a copy of the final

notification to the MoEF and CC.

(a)

For building plans with a total built-up area between

5,000 sqm. and 1,50,000 sqm. and environment clearance

will be required to be synchronized with the building

regulations.

(b)

The concerned Urban local body, authorized to sanction

building plans, shall ensure at the time of sanctioning a

building plan that the environmental requirements

stipulated in Table 16.1 (for above 5,000 sqm. and up to

20,000 sqm.), Table 12.2 (for above 20,000 sqm. and up

to 50,000 sqm.) and Table 12.3 (for above 50,000 sqm.

and up to 1,50,000 sqm.), as the case may be, are

complied with.

184 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

Table 13—1 : Environmental Conditions for Building and Constructions

(Category “A” 5000 sq. m-20000 sq. m.)

S.

No.

Medium

Environmental conditions

MBBL

Ref.

Clause

1

Natural

Drainage

The inlet and outlet point of

natural drain system should be

maintained with adequate size of

channel for ensuring unrestricted

flow of water.

_

2

Water

conservations-

Rainwater

Harvesting and

Ground Water

Recharge

A rainwater harvesting plan needs

to be designed where the recharge

bores (minimum one per 5000

sqm of built-up area) shall be

provided. The rainwater harvested

should be stored in a tank for

reuse in household through a

provision of separate water tank

and pipeline to avoid mixing with

potable municipal water supply.

The excess rainwater harvested be

linked to the tube well bore in the

premises through a pipeline after

filtration in the installed filters.

Table 9.1

2 (a)

The unpaved area shall be more

than or equal to 20% of the

recreational open spaces.

10.2.1

(iv)

3

Solid Waste

Management

Separate wet and dry bins must be

provided at the ground level for

facilitating segregation of waste.

10.2.5 (b)

4

Energy

In common areas, LED/solar

lights must be provided.

10.2 (3)

5

Air Quality and

Noise

Dust,

smoke

and

debris

prevention

measures such as

screens,

barricading

shall

be

installed

at

the

site

during

_

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 185

S.

No.

Medium

Environmental conditions

MBBL

Ref.

Clause

construction.

Plastic/tarpaulin

sheet covers must be used for

trucks

brining

in

sand

and

material at the site.

5(a)

The exhaust pipe of the DG set, if

installed, must be minimum 10m

away from the building. In case it

is less than 10m away, the exhaust

pipe shall be taken up to 3m

above the building.

__

6

Green Cover

A minimum of 1 tree for every

80 sqm of land shall be planted

and maintained. The existing trees

will be counted for this purpose.

Preference should be given to

planting native species.

10.2.1 (i)

6(a)

Where the trees need to be cut,

compensatory plantation in the

ratio of 1:3 (i.e. planting of 3 trees

for every 1 tree that is cut) shall

be done with the obligation to

provide continued maintenance

for such plantations.

10.2.1 (ii)

Table 13—2: Environmental Conditions for Building and Constructions

(Category “B” 20000 sq.m.-50000 sq.m.)

S.

No.

Medium

Environmental conditions

MBBL

Ref. Clause

1

Natural

Drainage

The inlet and outlet point of natural

drain system should be maintained

with adequate size of channel for

ensuring unrestricted flow of water.

_

186 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

S.

No.

Medium

Environmental conditions

MBBL

Ref. Clause

2

Water

conservations-

Rainwater

Harvesting and

Ground Water

Recharge

A rainwater harvesting plan needs to

be designed where the recharge bores

(minimum one per 5000 sqm of built-

up area) shall be provided. The

rainwater harvested should be stored

in a tank for reuse in household

through a provision of separate water

tank and pipeline to avoid mixing with

potable municipal water supply. The

excess rainwater harvested be linked

to the tube well bore in the premises

through a pipeline after filtration in the

installed filters.

Table 9.1

2 (a)

The unpaved area shall be more than

or equal to 20% of the recreational

open spaces.

10.2.1 (iv)

3

Solid Waste

Management

Separate wet and dry bins must be

provided at the ground level for

facilitating segregation of waste.

10.2.5 (b)

4

Energy

In common areas, LED/solar lights

must be provided.

10.2 (3)

4(a)

At least 1% of connected applied load

generated from renewable energy

source such as photovoltaic cells or

windmills

or

hybrid

should

be

provided.

10.2

4(b)

As per the provisions of the Ministry

of New and Renewable energy solar

water heater of minimum capacity 10

litres/4 persons (2.5 litres per capita)

shall be installed.

1-2.4-IV

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 187

S.

No.

Medium

Environmental conditions

MBBL

Ref. Clause

4(c)

Use of fly ash bricks: Fly ash should

be used as building material in the

construction as per the provisions of

Fly Ash Notification of September,

1999 and as amended from time to

time.

10.2.6 (b)

5

Air Quality

and Noise

Dust, smoke and debris prevention

measures such as screens, barricading

shall be installed at the site during

construction. Plastic/tarpaulin sheet

covers must be used for trucks brining

in sand and material at the site.

_

5(a)

The exhaust pipe of the DG set, if

installed, must be minimum 10m away

from the building. In case it is less

than 10m away, the exhaust pipe shall

be taken up to 3 m above the building.

_

6

Green Cover

A minimum of 1 tree for every 80

sq.m. of land shall be planted and

maintained. The existing trees will be

counted for this purpose. Preference

should be given to planting native

species.

10.2.1 (i)

6(a)

Where the trees need to be cut,

compensatory plantation in the ratio of

1:3 (i.e. planting of 3 trees for every 1

tree that is cut) shall be done with the

obligation

to

provide

continued

maintenance for such plantations.

10.2.1 (ii)

188 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

Table 13—3: Environmental Conditions for Building and

Constructions (Category “C” 50000 sq.m. 150000 sq.m.)

S.

No.

Medium

Environmental conditions

MBBL Ref.

Clause

1

Natural

Drainage

The inlet and outlet point of

natural drain system should

be maintained with adequate

size of channel for ensuring

unrestricted flow of water.

_

2

Water

conservations-

Rainwater

Harvesting

and

Ground

Water

Recharge

A rainwater harvesting plan

needs to be designed where

the recharge bores separate

water tank and pipeline to

avoid mixing with potable

municipal water supply. The

excess rainwater harvested is

to be linked to the tube well

bore in the premises through

a pipeline after filtration in

the

installed

filters

(minimum one per 5000 sqm

of built-up area) shall be

provided.

The

rainwater

harvested should be stored in

a tank for reuse in household

through a provision of

Table 9.1

2 (a)

The unpaved area shall be

more than or equal to 20% of

the recreational open spaces.

10.2.1 (iv)

2(b)

The ground water shall not

be

withdrawn

without

approval from the BPIA.

2(c)

Use of potable water in

construction

should

be

minimized.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 189

S.

No.

Medium

Environmental conditions

MBBL Ref.

Clause

2(d)

Low

flow

fixtures

and

sensors must be used to

promote water conservation.

2(e)

Separation of grey and black

water should be done by the

use of dual plumbing system.

3

Solid Waste

Management

Separate wet and dry bins

must be provided at the

ground level for facilitating

segregation of waste.

10.2.5 (b)

3(a)

All non-biodegradable waste

shall be handed over to

authorized recyclers which a

written tie-up must be done

with the authorized recyclers.

3(b)

Organic waste composter/

vermin culture pit with a

minimum capacity of 0.3

kg/tenement/day

must

be

installed wherein the STP

sludge may be use3d to be

converted to manure which

could be used at the site or

handed over to authorized

recyclers for which a written

tie-up must be done with the

authorized recyclers.

4

Energy

In common areas, LED/solar

lights must be provided.

10.2 (c)

4(a)

At least 1% of connected

applied load generated from

renewable

energy

source

such as photovoltaic cells or

10.2

190 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

S.

No.

Medium

Environmental conditions

MBBL Ref.

Clause

windmills or hybrid should

be provided.

4(b)

As per the provisions of the

Ministry

of

New

and

Renewable

energy

solar

water heater of minimum

capacity 10 litres/4 persons

(2.5 litres per capita) shall be

installed.

1-2.4-IV

4(c)

Use of fly ash bricks: Fly ash

should be used as building

material in the construction

as per the provisions of Fly

Ash

Notification

of

September, 1999 and as

amended from time to time.

10.2.6 (b)

4(d)

Use of concept of passive

solar design of buildings

using architectural design

approaches that minimize

energy

consumption

in

buildings

by

integrating

conventional energy-efficient

devices, such as mechanical

and electric pumps, fans,

lighting fixtures and other

equipment, with the passive

design elements, such as

building

orientation,

landscaping,

efficient

building

envelope,

appropriate

fenestration,

increased day lighting design

and thermal mass.

10.2(3)

4(e)

Optimize

use

of

energy

systems in buildings that

10.2 (3)

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 191

S.

No.

Medium

Environmental conditions

MBBL Ref.

Clause

should maintain a specific

indoor

environment

conducive to the functional

requirements of the building

by

following

mandatory

compliance measures (for all

applicable

buildings)

as

recommended in the Energy

Conservation Building Code

(ECBC) 2007 of the Bureau

of

Energy

Efficiency,

Government of India.

5

Air

Quality

and Noise

Dust,

smoke

and

debris

prevention measures such as

screens, barricading shall be

installed at the site during

construction.

Plastic/

tarpaulin sheet covers must

be used for trucks brining in

sand and material at the site.

_

5(a)

The exhaust pipe of the DG

set, if installed, must be

minimum 10m away from

the building. In case it is less

than 10m away, the exhaust

pipe shall be taken up to 3 m

above the building.

_

6

Green Cover

A minimum of 1 tree for

every 80 sq. m. of land shall

be planted and maintained.

The existing trees will be

counted for this purpose.

Preference should be given

to planting native species.

10.2.1 (i)

192 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

S.

No.

Medium

Environmental conditions

MBBL Ref.

Clause

6(a)

Where the trees need to be

cut, compensatory plantation

in the ratio of 1:3 (i.e.

planting of 3 trees for every

1 tree that is cut) shall be

done with the obligation to

provide

continued

maintenance

for

such

plantations.

10.2.1 (ii)

7

Sewage

Treatment

Plant

Sewage treatment plant with

capacity of treating 100%

wastewater shall be installed.

Treated

water

must

be

recycled for gardening and

flushing.

4.32.4

8

Environment

Management

Plan

The

environment

infra-

structure

like

Sewage

Treatment

Plant,

Lands-

caping, Rainwater Harvest-

ing,

Power

backup

for

environment, infra-structure,

Environment

Monitoring,

Solid Waste Management

and

Solar

and

Energy

conservation, should be kept

operational

through

Environment

Monitoring

Committee

with

defined

functions and responsibility.

-

(Source: Model Building Bye-laws 2016, Town and Country

Planning Organisation, Ministry of Urban Development (now

Ministry of Housing and Urban Affairs-MOHUA)

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 193

CHAPTER 14

GENERAL REFERENCES

14.1 Facilities for physically handicapped persons :

For

requirements

regarding

Facilities

for

Physically

Handicapped Persons, reference shall be made to part 3

Development Control Rules and General Building Requirements

of the National Building Code, 2016 or its latest version which

shall apply.

14.2

Fire and Life Safety :

For requirements regarding Fire and Life Safety for different

Occupancies, reference shall be made to part 4 Fire and Life

Safety of the National Building Code, 2016 or its latest version.

14.3

Design and Construction :

For requirements regarding structural design, reference shall be

made to part 6 Structural design of the National Building Code.

For requirements regarding construction (including management

and safety), reference shall be made to part 7 Construction

Management, Practices and safety ‘of the National Building

Code, 2016 or its latest version.

14.4

Building services

14.4.1 Lighting and Ventilation :

For requirements regarding Lighting and ventilations for

different uses and occupancies reference shall be made to part 8

“Building Services”, Section 1 “Lighting and Natural

Ventilation” of the National Building Code, 2016 or its latest

version.

14.4.2 Electrical and Allied Installations (Including Lighting

Protection of Buildings and Solar Energy Utilization) :

For requirements regarding Electrical Installations in Buildings

Including Lighting Protection of Buildings reference shall be

made to part 8 “Building Services” Section 2 Electrical and

Allied Installations of the National Building Code, 2016 or its

latest version.

194 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

14.4.3 Air Conditioning, Heating and Mechanical ventilation :

For requirements regarding design, construction and installation

of Air Conditioning, Heating and Mechanical ventilation

systems, reference shall be made to part 8 “Building Services”

Section 3 Air Conditioning, Heating and Mechanical ventilation

of the National Building Code, 2016 or its latest version.

14.4.4 Acoustics, Sound Insulation and Noise Control :

For requirements regarding the desired Noise levels and sound

Insulation in different occupancies reference shall be made to

part 8 “Building Services” Section 4 Acoustics, Sound Insulation

and Noise Control of the National Building Code, 2016 or its

latest version.

14.4.5 Installation of Lifts Escalators and Moving Walks :

Provision for Lifts shall be made for buildings 15 m. or more in

height For requirements regarding planning, designing and

installation etc. of Lifts Escalators, reference shall be made to

part 8 “Building Services” Section 5 Installation of Lifts

Escalators and Moving Walks of the National Building Code,

2016 or its latest version.

14.4.6 Information and Communication Enabled Installations :

For requirements regarding Information and Communication

Enabled Installations in Buildings reference shall be made to

Part 8 “Building Services” Section 6 Information and

Communication Enabled Installations of the National Building

Code, 2016 or its latest version.

14.5

Plumbing Services (Including Solid Waste Management) :

For requirements regarding water supply, drainage and

Sanitation, Solid Waste Management and gas supply reference

shall be made to part 9 “Plumbing Services (Including Solid

Waste Management)” of the National Building Code, 2016 or

its latest version.

14.6

Landscape Development :

For requirements regarding Landscape development, reference

shall be made to part 10 ‘Landscape Development and Sign and

outdoor display structures’ Section 1 Landscape Planning and

Development of the National Building Code, 2016 or its latest

version.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 195

14.7

Sign and outdoor display structures :

No advertising signs (including hoarding) on buildings or on

land shall be displayed without the prior approval of the

Authority. The standards specified in Section-2 of part 10 Signs

and outdoor display structures of National Building Code, 2016

or its latest version.

14.8

Sustainability :

For requirements regarding sustainable buildings and built

environment, reference shall be made to part 11 ‘Approach to

Sustainability’ of the National Building Code, 2016 or its latest

version.

14.9

Asset and Facility Management :

For requirements regarding Asset and Facility Management in

respect of Existing Buildings and services thereof, reference

shall be made to part 12 Asset and Facility Management of the

National Building Code, 2016 or its latest version.

14.10 Energy Conservation Building :

For requirements regarding Energy Conservation Building

guidelines reference shall be made to Energy Conservation

Building Code, 2017 or its latest version & the J&K UT ECBC

whenever framed.

Note:—Whenever an Indian Standard including those referred in

the National Building Code or the National Building

Code is referred; the latest revision of the same shall be

followed except specific criteria, if any, mentioned

above against that code.

14.11 Health Guidelines :

Refer guidelines issued by Department of Health, Family

Welfare and Medical Education, Government of Jammu and

Kashmir.

14.12 Education Guidelines :

Refer SRO-123 or latest guidelines issued by Department of

Education, Government of Jammu and Kashmir.

14.13 Sports Guidelines :

Refer

latest

guidelines

issued

by

Sports

Department,

Government of Jammu and Kashmir.

196 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

APPENDICES

Appendix “A”: Form for Application to Erect, Re-Erect or to make

Material Alteration in any place in a building

(To be submitted in duplicate)

To

Commissioner/Vice-Chairman/Secretary,

Development Authority/Municipal

Corporation/Council/Committee.

Sir,

I hereby give notice on behalf of Shri………………………….(owner)

that the owner intends to erect/demolish or make alteration in the

building number or to on/in Plot No…………………….………….

Block No…………………..House No……………………...situated at

……………………………………………...….Scheme...……………and

in accordance with the building Bye-Law No………………………and I

forward herewith, the following plans and specification duly signed by

me and by the owner :—

1.

Site plan

2.

Building Plan

3.

Service Plan

4.

Parking and circulation plan

5.

Landscape Plan

6.

General Specifications (in attached form)

7.

Ownership Title (Lease/Conveyance/Sale Deed, etc.)

8.

Other document, as required.

(ii) The building plan has been prepared strictly as per the

approved Building Bye-Laws and relevant IS Codes/provisions

of NBC. The construction shall be carried out in accordance

with the building plan and I shall be completely accountable for

any lapse on my part up to within 6 months after obtaining

completion certificate of the building.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 197

(iii) The Building permit fee as required under bye-laws has been

deposited vide receipt No……………dated.…………………

(Photocopy enclosed).

(iv) I am aware that in the event of building being constructed in

violation of the sanctioned building plan approval, the

Authority shall have the right to take action against me as it

may deem fit including referring the matter to concerned

professional and statutory councils for taking disciplinary

action against me.

……………………….........

Signature of the Owners

Name of the owner(s)

...................................................

Address of the owner(s)

.....................................................

……………………….........

Signature of Registered

Architect/Engineer/Supervisor

Registration No. of the

Architect/Engineer/Supervisor

....................................................

Address of the Architect/

Engineer/ Supervisor

....................................................

Encl. : As stated above.

Dated: ………………

———

198 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

Appendix “A-1”

Statement of the Proposal and Certificate

By the Owner and Registered Architect—

Classification of the Proposal…………………………………………

(To erect/re-erect/demolition)

Scheme/Colony……………...………Plot No.……….....………….…

Plot Area ……………………………. sq.m. size (in m)

Area Statement :

Description

Permissible

Proposed sq.m. Remarks sq.m.

Max. Ground

coverage

Basement

Ground Floor

First Floor

Second Floor

Third Floor

Total Floor area

Floor Area Ratio

No. of Dwelling

Units

Maximum height (in m) :

Setbacks

As per approved Layout

plan (m.)

Proposed

(m.)

Front

Rear

Left

Right

Parking Details :

Building Use

Parking Required as per

Building Bye law

Proposed

(m.)

Residential

Commercial

PSP

Other…

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 199

(ii) Fees and Charges :

(a) Building Permission Fess ……………..

(b) Infrastructure Development Fees……………..

(c) Additional Floor Space Fees ……………

(d) Any other (as applicable)…………………

Total Amount as per details above……………..

Receipt No….................................... Dated….................................

We hereby certify that—

1. The plot in question forms part of the approved layout plan and

its location size and area conform to the approved layout plan

and lease/sale deed/NOC of the lease Administration Branch of

concerned Development Authority.

2. Plot is lying vacant and no construction shall be started before

sanction.

3. The plot is free from all encumbrances (owner responsibility).

4. The period of construction valid up to ......................... As per

the lease condition/further extension of time for construction

granted by the lessor is valid up to ........................ Time

construction obtained from the lease Administration Branch,

Concerned Development Authority.

5. Size of each dwelling unit is not more than 300 sq.m.

Signature of Owner

Signature of Registered Architect

Name.....................................

Name...............................................

………………………………

Registration No. ………………….

Address………………………

Address…………………………..

……………………………….

……………………………………

Dated…………………………

……………………………………

Authority Letter

I hereby authorize Mr./Mrs............................................... to collect the

sanction whose signature is verified below: —

Specimen signature of the owner(s)/Registered Architect/Mr./

Mrs.....................................................................................................

Dated received........................................ Date ....................................

(Signature of authorized person/owner/Registered Architect)

Dated.................................. Remark, if any...............................

————

200 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

Appendix “A-2”

Form for Specifications of Proposed Building

The purpose (Residence, Office, Restaurant, Hotel, Dharmshala, School,

Hostel Cinema, Shop, Factory Others) for which it is intended to be

used……………………………………………………………………….

Table A-2: 1 Details of coverage on respective floor are given below:

S.

No.

Floor

Existing

(sq.m.)

Proposed

(sq.m.)

Total (sq.m.)

1.

Basement Floor

2.

Ground Floor

3.

Mezzanine Floor

4.

First Floor

5.

Second Floor

6.

Third floor

7.

………………..

(a) Approximate

number

of

in

habitants

proposed

to

be

accommodated……………………………………………………

(b) The number of latrines, Urinals, Kitchens, Baths to be

provided……………………………………………………………

(c) The source of water to be used in the construction..………

………………………………………………………………..……

..……………………………………

(d) Distance from public sewer………………………….………..…

(e) The materials to be used in construction Walls/Columns/

Foundations/Roof/Floors…………………………….…………….

Signature of Registered Architect/Engineer/Supervisor

Name………….……………………………………

Registration No……………………………………

Address………………………..……………… …..

……………………………….……………………

————

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 201

Appendix “A-3”

Form for Supervision

To

The Commissioner/Vice-Chairman/Secretary,

Development Authority/Municipal Corporation/Council/Committee.

Sir,

I hereby certify that erection/re-erection demolition or material

alteration in/of Building No…………………….on/in ……………….

Plot No………………….in Block No……………………… situated at

…………………………... scheme………...… shall be carried out under

my supervision and I certify that all the materials (type & Grade) and

workman ship of the work shall be generally in accordance with the

general specification submitted along with and the work shall be carried

out according to the sanctioned plans which also included the services

like drainage, sanitary, water supply, and electrical.

Signature of Registered Architect/Engineer/Supervisor

………………………………………………………….

Name of Registered Architect/Engineer/Supervisor

(In block letters) ………………………………...……....

Registration No. of Architect/Engineer/Supervisor

………………………………………………………

Address of Registered Architect/Engineer/Supervisor

……………………………………………………

Dated: …………………………

————

202 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

Appendix “A-4”

Undertaking for Payment of Other and Peripheral Charges

Note:—It should be on non-judicial stamp paper of specified

amount

attested

by

Notary

Public/First

Class

Magistrate.

Undertaking

I, ……………………………Son of Shri………………..………

aged………....Years residents of ……………..…………Owner of

Plot No.………………… in…………………...…..Co-operative

Housing Building Society Ltd………………............…hereby

under take to pay the balance of peripheral and other charges

as and when required by the concerned Authority and in this regard

Authority’s decision will be finally binding on me.

Executed by me as……………….on day of……………… 2004.

……………………………….

Executant

Witness :

1……………………………

2……………………………

————

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 203

Appendix “A-5”

Affidavit-cum-Undertaking

(Affidavit of Competent Professional on Rs. 2/- Non-Judicial

Stamp paper of specified amount to be attested by Notary

Public/Metropolitan Magistrate)

I, …………………………………son of…….………………………

Architect by profession having office at………………………… do

hereby solemnly affirm and declare as under:—

1.

That I am a Licensed Architect/Engineer/Supervisor/Plumber

duly

registered

with

the

Authority

vide

registration

No.……………………….……………

2.

That I have been engaged as a Competent Professional as per

Table 2—2: Procedure for Building Permission of Non-

Residential Use Building of the bye-laws for preparing the

building plans and to supervise construction in respect of Plot

No………...Block No………………… situated at……………

3.

That I have prepared the building plans in respect of the

aforesaid plot.

4.

That I have studied the layout plan of the colony and gone

through the instructions, policy decisions and other relevant

documents in respect of the plot and colony.

5.

That I have personally inspected the site. The plot under

proposal forms part of the approved layout plan with respect to

its location, size shape and area of the plot and proposed land use

is also in conformity with the approved layout plan. The plot has

been demarcated at site and the size, shape and area of plot

available at site tallies with the approved layout plan.

6.

That the ownership documents are in the shape of registered

sale deed/lease deed in favour of the applicants and have been

thoroughly examined and the ownership in favour of the

applicant is in order.

7.

That there is no construction inexistence at the plot and no

construction shall be started before sanction of the building

plans.

204 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

8.

That there is no encroachment on the Municipal land/road/other

property and road widths as shown in the layout plan are

available at site.

9.

That the proposal is in conformity with the terms and condition

of lease deed which is still valid and period of construction as

per lease deed and the extension granted by the lessor is valid up

to……………………………

10.

That the proposal has been prepared strictly in accordance

with the

Master Plan/Zonal Plan/Building Bye-Laws

rules regulation and practice of the department and no

misinterpretation on inference of provision of Building Bye-Law

has been done while preparing the plans. The construction shall

be carried out strictly in accordance with the sanctioned building

plans and in case any deviation is carried out, I shall inform the

concerned Authority within 48 hours.

11.

That in case the owner dispenses with my services at any stage

whatsoever, I shall inform the concerned Authority within 48

hours.

12.

That the size of each dwelling unit is not more than 300 sq. m.

13.

That mandatory setbacks have been proposed and shall be

maintained in accordance with the setbacks marked in the layout

plan/Master Plan/Zonal Plan/Building Bye-Laws.

14.

That before submission of the proposal, necessary information/

clarification have been obtained from the concerned department

of the concerned Authority. The plot is safe and is not affected in

any scheme or the road widening. Building activities for

residential use are allowed with number of storeys as per

approved layout plan.

15.

That no development/additional development/deficiency charges

are payable, against this plot (in case development/additional

development/deficiency charges are payable then its details be

given in the separate para).

16.

That no non-compoundable deviations shall be carried out

during the course of construction.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 205

17.

That nothing has been concealed and no misrepresentation has

been made while preparing and submitting the building plans.

18.

That in case anything contrary to the above is found or

established at any stage, the concerned Authority shall be at

liberty to take any action as it may deem fit including revocation

of sanction of building plans and debarring me for submission of

building plans with the Authority under the scheme and also

lodge a complaint with the Council of Architecture for

appropriate action.

Deponent.

Verification :

I the above-named deponent do hereby verify at ……………………

on this…………….of…………..20………that contents of the above

affidavit are true and correct to my knowledge. No part of it is false

and nothing has been concealed therefrom.

Deponent.

————

206 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

Appendix “A-6”

Building Permit/Sanction

File No………………… Dated………………………….

To

Subject :—Sanction under section……………… Dear Sir or Madam.

————

With reference to your application dated……………….. for the

grant of sanction to erect/re-erect/add to/alteration in the building to

carry out the development specified in the said application relating to

Plot No……………….…… Block No…………..……………situated in/

at……………………………………. I have to state that the Authority

subject to the following conditions and corrections done in the plans has

sanctioned the same on………………………………………….:—

1. The plans are valid up to ………………… day……………

months………. year ……………

2. The construction will be undertaken as per sanctioned plan only

and no deviation from the bye-laws will be permitted without

prior sanction. Any deviation done against the bye-laws is liable

to be demolished and the supervising Architect engaged on the

job will run the risk of being blacklisted.

3. Violation of Building Bye-Laws will not be compounded.

4. It will be the duty of the owner of the plot and the Architect

preparing the plans to ensure that the sanctioned plans are as per

prevalent Master Plan/Zonal Plan/Building Bye-Laws. If any

infringement of bye-laws remain unnoticed, the concerned

Authority reserves the right to amend the plans as and when

infringement come to the notice and concerned Authority will

stand indemnified against any claim on this account.

5. A notice in writing shall be sent to Authority before

commencement of the constructions of the building as per bye-

laws. Similar notice will be sent to Authority when the building

has reached up to plinth level.

6. The owner shall not occupy or permit to occupy the building or

use or permit to use the building or any part thereof affected by

any such work until Completion Certificate is issued by the

concerned Authority.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 207

7. Concerned Authority will stand indemnified and kept harmless

from all proceedings in court and before other authorities of all

expenses/claims which the concerned Authority may incur or

become liable to pay as a result or in consequences of the

sanction accorded by it to these building plans.

8. The doors and window leaves shall be fixed in such away that

they shall not, when open project on any street.

9. The owner will not convert the house into more dwelling units

on each floor then the sanctioned.

10. The building shall not be constructed within minimum distance

as specified in Indian Electricity Rules from voltage lines

running onside of the site.

11. The land left open as a consequence of the enforcement of the

setback rule shall form part of the public street.

12 The owner shall ensure that the public areas like road, parks and

other public opens spaces are not used for stacking the building

materials or machineries to avoid public inconvenience and

nuisance.

13. The sanction will be void if auxiliary conditions mentioned

above and other conditions whatsoever imposed are not

complied.

14. The owner will use the premises for the use, which has been

sanctioned.

15. The owner will not proceed with the construction without having

the supervision of an Architect/Engineer as the case may be. If

he/she changes his Architect/Engineer, he/she shall inform the

Authority about the appointment of new Architect/Engineer

within 48 hours, with a proper certificate from him.

Yours Faithfully.

For ……………………………

Encl. : A set of sanctioned plan.

————

208 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

Appendix “A-7”

Form for Refusal of Building Permit

To

File No…………………………….

Dated

………………………………

Sir.

With reference to your application No…………………….

dated……………….. for the grant of sanction for the erection

of building/execution of work in House No. ………….. Plot No.

………..Block

No……………………….Scheme………………

situated at…………………………….I have to inform you that

building

permit

under

relevant

provisions

of

the

Act

of…………………………. has been refused on………………………

on the following grounds :—

1.

2.

3.

4.

5.

Yours faithfully

For………………………..

Authority.

————

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 209

Appendix “A-8”

Form of Revalidation

File No. ……………………….

Dated………………….

Shri/Madam …………………………………

………………………………………………..

………………………………………………..

———

Subject :—Revalidation of Building Plans relating to plot

No………….Block No………. Scheme………………….

———

Dear Sir/Madam, Block No.

1.

With reference to your application dated…………on the

subject cited above, I am directed to inform you that your

building plan which were sanctioned on……………. vide

file No ………..................................…. have been revalidated

up to ……………………………

2.

Original sanctioned plan submitted by you is also returned

herewith.

3.

Please acknowledge receipt.

Yours Faithfully

For ……………………………

Authority.

Encl. : As above.

————

210 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

Appendix “A-9”

Information for Intimation of Completion of Work up to Plinth Level

To

The ………………………………

…………………………Authority.

Sir,

The construction up to plinth/column up to plinth level has been

completed in Building No……….……………………….. on/in

Plot No……………………..Scheme No…………….. Road/Street

……………………Ward……………………………in accordance

with your permission No………………..… dated………………..

under my supervision and in accordance with the sanctioned plan.

Yours faithfully

Signature of Licensed Architect/Engineer/Supervisor

Name…………………………….. (In Block letters)

Address:……………………………………………..

.……………………………………………………...

Date :…………….

————

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 211

Appendix “A-10”

Inspection Report

I, ………………………………working as a ……………………………

with …………… have carried out the inspection of Building No……….

on/in

Plot

No……………..

Scheme

No.……………….Road/

Street………………Ward..…………….. in accordance with permission

No………………...dated…………….….....The

following

deviation

from the sanctioned plans have been noticed which are against the

provision of Master Plan/Bye-Laws are of non-compoundable nature :—

Description of deviations noticed:…….…………………………………

………………………………………………………

………………………………………………………

………………………………………………………

You may not proceed with further work till such time the deviations

made are rectified and construction brought in conformity to sanction

plans.

Yours Faithfully

For…………………………………

…………………………………….

…………………………………….

BPIA

Office No……………………………..

Office Stamp………………………….

Date…………………………………...

————

212 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

Appendix “A-11”

Form of Notice of Completion

(To be submitted along with prescribed fee for notice of completion and

other relevant documents)

To

The ……………………………….

…………………………Authority.

Dear Sir,

I/we hereby give notice that I/we have completed the erection of

building/execution of the works in Plot No ………… Block No……….

Scheme…………………… situated at…...………………. in pursuance

of the sanction granted by the Authority vide File No………………

dated………………………I/we are enclosing all reports of the

Authority inspection carried out during construction period.

2. Permission to occupy or use the building may be granted.

Yours Faithfully

Signature of owner……………………

Name of owner ………………………

(In Block Letters)

Address of the owner …………………

…………………………………………

Dated :…………………..

Encl. : As above.

————

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 213

Appendix “A-12”

Form for Certificate of Architect/Engineer/Supervisor

(To be submitted along with notice of completion)

To

The ……………………………….

…………………………Authority.

Dear Sir,

We hereby certify that the erection, re-erection or material alteration in/at

building No………………………….. on in Plot No……...……………

Block No…………….Scheme…………….situated at……………...has

been supervised by me and has been completed on ……………….

according to the plans sanctioned, vide office communication

No………………. dated…………………..The work has been completed

to our best satisfaction, the workmanship and all the materials (type and

grade) have been used strictly in accordance with general and detailed

specifications. All the drainage/Sanitary/Water Supply work has been

executed under our supervision and as per Building Bye-Laws.

No provisions of the Building Bye-Laws and condition prescribed or

order issued there under have been transgressed in the course of the

work. The building is fit for use for which it has been erected/re-erected

or altered/constructed and enlarged.

2. Certificate:

(i)

Certified that the building(s) has been constructed according

to the sanctioned plan and structural design (one set of

structural drawings as executed is enclosed) which in

corporate the provisions of structural safety as specified in

relevant

prevailing

NBC

Part

6

and

IS

codes

standards/Guidelines.

(ii) Further certified that water harvesting as well as waste water

re-cycling systems have been provided as per the sanctioned

building plan.

(iii) It is also certified that construction has been done under our

supervision and guidelines and adheres to the drawings

submitted and the records of supervision have been

maintained by us.

214 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

3. Permission to occupy of use the building may be granted.

4. Any subsequent change from completion drawings will be the

responsibility of the owner(s)

(a)Signature of the owner

with date

Name in Block Letters

Address

(b)Signature of the Architect/ Engineer

with date

Name in Block letter, Licence No.

Address

(c) Signature of the Structural

Engineer with date (for

certificate 1)

(as defined in NBC of

India)

Name in Block Letters

(d)Signature of Supervisor/Engineer/

Group/Engineer with date

Name in Block letters, Licence No.

Address

Dated :………………………

————

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 215

Appendix “A-13”

Building Use Certificate

File No………………………...

Plan No……………………….. Dated :……………………….

Shri/Miss/Smt……………………….

………………………………………

Building Use Certificate

With reference to your notice of completion dated……………

I hereby certify that building as per description below certified plan at

Plot

No…………Block

No………Scheme…….……………………

situated at ……………………...………whose plans were sanctioned

vide No……………………has been inspected with reference to

Building Bye-Laws in respect to the structural safety, fire safety,

hygienic and sanitary conditions and proposed rainwater harvesting

systems inside and, in the surroundings, and is declared fit for occupation

and release of regular water and electricity connections. The description

of the construction work completed is given as under :—

Description of Construction Work Block-wise/Building-wise.

1. Block Building No.

2. Details of Completed Work floor-wise.

Commissioner of Authority.

————

216 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

Appendix “A-14”

Form of Rejection or Compliance in Respect of Completion Certificate

File No…………………………….

Dated:…………………………......

Sh./Smt…………………………………….

……………………………………………..

Subject :— Completion certificate in respect of Plot No…………………

————

Dear Sir/Madam,

(1)

With reference to your letter dated............................................

(2)

With reference to your notice of completion dated.......................

(3)

In

continuation

of

this

office

letter

of

even

No…………………..dated................on the subject noted above,

I am directed to inform you that your case has been examined

and Completion Certificate is rejected for the reasons as given

below :—

Yours faithfully

For…………………………….

………………………Authority.

1.

…………………………………..

2.

…………………………………..

3.

…………………………………..

4.

…………………………………..

———

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 217

Appendix “B”

Handing Over Land Required for Road Widening

Affidavit/Undertaking

(For Handing Over Land Required For Road Widening)

That I/we have submitted building plans for construction of building on

plot No.............. Block No.........................located at...........................to

the ..........................under Sanction..................... of the ....................Act

for favour of sanction.

I/we undertake to hand over the land required for road widening as

shown on site plan to concerned Authority free of cost as and when

asked by........................to do so.

I/we have already understood that the........................is granting sanction

on the basis of my undertaking.

If I/we fail to do so, the sanction so accorded shall be revoked and

construction done as consequence thereof shall be deemed to have done

unauthorizedly and shall be actionable u/s ..........................of the

............................Act.

Deponent.

Verification

I/we verify that the contents of the above undertaking are correct to the

best of my knowledge and belief and nothing material has been

concealed therefrom.

Deponent.

—————

218 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

Appendix “C”

Proforma to be submitted by the Owner

1.

Name, Status and Address of the applicant .

2.

Name of the Architect and address with Registration Number

with Council of Architecture.

3.

Details of the property/plot —

(a) Location.

(b) Boundaries.

(c) Area in sq.m. with dimensions (net plot area).

(d) Width of the roads.

4. Land use —

(a) Master Plan.

(b) Zonal Development Plan.

(c) Approved Layout Plan.

5. Title —

(a) Free Hold.

(b) Leasehold under notification for acquisition if lease hold

permission of less or for construction under the leasehold

condition obtained.

(c) Whether under acquisition, if so give details.

6. Whether the plot/land is affected under the Urban Land (Ceiling

and Regulation) Act, 1976. If so, copy of the NCO from the

concerned Authority be furnished.

7. Proposals—

(a) Land use .

(b) Coverage on each floor with proposed use of the floor

space including basement.

(c) FAR.

(d) Height.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 219

(e) No. of floors.

(f)

Envelope controls/setbacks.

(g) Parking norms.

Encl. :

1. Ownership title .

2. Permission to construct under the lease.

3. Permission under the Land Ceiling Act, 1976.

4. Site/Location Plan.

5. Tentative proposals to explain the scheme.

Signature of Architect

Name......................................

Reg. No.................................. Address.....................................

Signature of the owner

Name........................................ Address...................................

———

220 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

Appendix “D”

Penal Action for violation of provisions of Master Plan, Zonal Plans and

Building Bye-Laws.

(A) Non-Compoundable Items :

Any deviations except those set-in para “AA” hereunder, from the

maximum, minimum prescribed limits regarding—

1.

Coverage,

2.

F.A.R.,

3.

Setbacks,

4.

Open spaces,

5.

Total height of the building,

6.

No. of floors,

7.

No. of DUs and density,

8.

Parking norms,

9.

Light and Ventilation provisions,

10.

Land Use,

11.

Access road requirement,

12.

All other provisions of these Bye-laws except item given in

para ‘B’ below shall not be compounded/regularized and shall

have to rectified by altering/demolition at the risk and cost of

owner. Besides this any other action as per terms and

conditions of lease and provisions of Act shall proceed.

(A. A.) Compounding Excess Coverage/FAR :

1. Deviations in the coverage/FAR to the extent of 5% of the

permissible coverage/FAR or 13.5 sq.m. whichever is less in

building(s) use premises, other than building(s) use premises

where 100% ground coverage and fixed height is allowed as per

Architectural control forming part of comprehensive schemes

like District Centre, Community Centres, Cluster Court Housing

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 221

etc. may be compounded after levying penalty at the following

Rates:—

Rates of excess coverage/floor area:

Up to 5% of excess coverage/FAR a one-time compounding fee

equivalent to the land rated in the concerned locality applicable

at the time of the application for compounding.

2. For excess coverage/FAR for above 5%. Any excess coverage

above 5% or 13.5 sq.m whichever is applicable would be liable

to demolish to that extent.

3. Compounding at set back Infringements :

The infringements of the setbacks maximum to the extent of

30 cm (1 ft.) may be compounded by way of levying

compounding fee at the following rates :—

Infringements

Residential

Buildings

Non-Residential

Buildings

Up to 15 cm (6 inch)

Rs. 1000 per sq.m.

of area infringing

the set back

Rs. 2500 per sq.m.

of area infringing

the set back

Above 15 cm (6 inch) Rs. 2000 per sq.m

of area infringing

the set back

Rs. 5000 of area of

the infringing the

set back

(B. B.) Compoundable Items :

If a building or part thereof has been constructed unauthorized, i.e.

without obtaining the requisite building permit from the concerned

Authority as required under the Building Bye-Laws, the same shall be

compounded at the following rates provided the building or part thereof

so constructed otherwise conforms to the provisions contained in the

Building Bye-Laws and Master/Zonal Plan regulations. For this party

shall have to submit the request for building permit in the prescribed

procedure.

Rates:

(a) Rs. 50 per sq.m. of the covered area constructed unauthorized in

residential building up to 500 sq.m. Plot size.

(b) Rs. 100 per sq.m of the covered area constructed unauthorized in

the building categorized below:—

• All Govt. Public and Semi-Public and Utility Buildings.

• Religious, Institutional and Educational Buildings.

222 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

(c) Rs.

250

per

sq.m.

of

the

covered

area

constructed

unauthorizedly—

• Residential building above 500 sq.m. plot size, Group

Housing and Guest Houses.

• Industrial Buildings.

• Storage buildings (underground or above ground)

(d) Rs. 1000 per sq.m. of covered area constructed unauthorizedly—

• Cinema and Theatre Building.

• Petrol Pumps (Filling/Service Station).

• Hazardous Buildings.

• Commercial/Business Buildings.

1. The buildings not covered specifically under the above

categories shall be compounded as decided by the Authority,

considering merits of each individual case.

2. Items which are exempted from the calculations of the coverage

and FAR e.g. canopy, basement if used for parking and services,

loft, etc. but constructed unauthorizedly without obtaining prior

permission from the Authority, but within the permissible limits

shall also be compounded/regularized at the rate prescribed

above.

3. Deviations of the building Bye-laws other than specified in (A)

(Non-compoundable)

Deviation up to the maximum extent of 10% from the

maximum/minimum prescribed limit (as prescribed by the

building Bye-laws) shall be compounded at the following

rates :—

(a) In case of deviations of areas of various components of the

building, the rate of penalty will be @ Rs. 50/- per 1%

deviation.

(b) For deviations in terms of height the penalty shall be @

Rs. 50/- per 1% of deviation for every 10 sq.m. or part

thereof of the affected area.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 223

(c) Deviations from the prescribed limit of width, length,

penalty shall be @ Rs. 50/.—per 1% of the deviation for

every 10 sq.m. or part thereof of the affected area.

The Authority if satisfied that there are other deviations of

general nature, which are not described above, may fix

rates for compounding such deviations. However, there

shall be no further relaxation in FAR and coverage over

that permitted above.

Revision of all fees and charges under consideration for

compounding and regularization shall be revisited by the

Authority from time-to-time based on the Schedule of rates.

————

224 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

Appendix “E”

Technical Aspects and Options of Rainwater Harvesting in Built forms

and open spaces

Introduction

The storage of rainwater on surface is a traditional technique and

the structures used were underground tanks, ponds, check dams,

weirs etc. Recharge to ground water is a new concept of

rainwater harvesting and the structures generally used are :—

(a) Pits.—Recharge pits are constructed for recharging the shallow

aquifer. These are constructed 1 to 2m, wide and to 3m. deep

which are back filled with boulders, gravels, coarse sand.

(b) Trenches.—These are constructed when the permeable stream is

available at shallow depth. Trench may be 0.5 to 1m. wide, 1 to

1.5m deep and 10 to 20m long depending up availability of

water. These are back filled with filler materials.

(c) Dug wells.—Existing dug wells may be utilized as recharge

structure and water should pass through filter media before

putting into dug well.

(d) Hand pumps.—The existing hand pumps may be used for

recharging the shallow/deep aquifers, if the availability of water

is limited. Water should pass through filter media before

diverting it into hand pumps.

(e) Recharge wells.—Recharge wells of 100 to 300 mm. diameter

are generally constructed for recharging the deeper aquifers and

water is passed through filter media to avoid choking of recharge

wells.

(f) Recharge Shafts.—For recharging the shallow aquifer which

are located below clayey surface, recharge shafts of 0.5 to 3 m.

diameter and 10 to 15 m. deep are constructed and back filled

with boulders, gravels and coarse sand.

(g) Lateral shafts with bore-wells.—For recharging the upper as

well as deeper aquifers lateral shafts of 1.5 to 2 m. wide & 10 to

30 m. long depending upon availability of water with one or two

bore wells are constructed. The lateral shafts are back filled with

boulders, gravels and coarse sand.

(h) Spreading techniques.—When permeable strata start from top

then this technique is used. Spread the water in Streams/Nalas by

making check dams, nala bunds, cement plugs, gabion structures

or a percolation pond may be constructed.

———

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 225

Appendix “F”

Number and Type of Lifts Required for Different Occupancies and Space

for Electrical Installations

1. The number and type of lifts required depending on the capacity

of lift, desired speed nature of operation are as given in table

below:—

TableF-1: Number and types of lifts for non-residential

Multi-storeyed Building

Sl.

No.

No. of

floors

Capacity

of lifts in

person

Speed

m/s

No. of persons that can be carried by a lift

In 6 min

In 30 min.

In 50 min.

In 60 min.

Man-

ually

Oper-

ated

Auto-

matic

Man-

ually

Oper-

ated

Auto-

matic

Manu-

ally

Oper-

ated

Auto-

matic

Manu-

ally

Oper-

ated

Auto-

matic

1

2

3

4

5

6

7

8

9

10

11

12

1

7

6

0.6-0.75

17

-

102

-

170

-

204

-

2

7

8

0.6-0.75

22

-

132

-

220

-

-

-

3

7

10

0.6-0.75

26

-

156

-

260

-

312

-

4

7

10

1.0

30

-

180

-

300

-

360

-

5

7

13

1.0

37

-

122

--

370

-

444

-

6

11

6

0.6-0.75

11

-

70

-

115

-

140

-

7

11

8

0.6-0.75

15

-

90

-

150

-

180

-

8

11

10

0.6-0.75

18

-

108

-

180

-

216

-

9

11

13

0.6-0.75

22

-

132

-

220

-

264

-

10

11

10

0.6-0.75

21

-

126

-

210

-

252

-

11

11

10

1.5

24

-

144

-

240

-

288

-

12

11

13

1.5

28

-

156

-

260

-

312

-

13

11

13

1.5

32

-

180

-

300

-

-

-

14

16

10

1.0

17

-

100

126

170

210

-

252

15

16

13

1.5

20

24

120

145

200

240

248

290

16

16

13

1.5

23

30

138

180

230

300

-

360

17

16

16

1.5

25

33

150

198

250

330

300

356

18

21

10

1.5

18

32

108

132

180

220

214

264

19

21

13

1.5

21

26

126

156

210

250

250

312

20

21

14

1.5

23

28

138

168

230

280

-

-

226 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

Note-1:

(a) For all non-residential buildings, the traffic cleared in 50

minutes is considered adequate and is approved by

Authority. As such for calculation the number of lifts

required, the rate of the clearance of traffic in column 9

and 10 and the population may be taken into consideration.

(b) In addition to total number of lifts required as above,

provision of one lift of the same capacity may be

considered to serve as stand-by.

Note-2: The population may be worked out on the basis of useful

carpet area which the person occupy (excluding area of

Verandah, Lobbies, Halls, Passages, Lavatory blocks, etc.)

Note-3: The population on ground and first floor may not be taken

into consideration since these floors are not generally

served by lifts.

Note-4: 0.75 m per sec.

Equivalent to 150 ft. per Min

1.00 m per sec.

Equivalent to 200 ft. per Min.

1.5 m per sec.

Equivalent to 300 ft. per Min.

Note-5: The height of buildings for lift installation i.e. the travel on

the lift presumed in the above statements is as below:—

7 floors 21.0 m.

11 floors 33.0 m.

16 floors 48.0 m.

21 floors 64.0 m.

Table F-2: Number and types of lifts for Residential Building

Sl.

No.

No. of

Floors

No.

Passen-

ger unit

capacity

Persons

Speed in

m/s

Land-

ing

Gate

Type

Central

System

Service

Lift

No.

Capa-

city

Persons

Type

of

Gate

Cent-

ral Sys-

tem

1

2

3

4

5

6

7

8

9

10

11

1

5 to 8

2

6

0.0 to 0.5

*

Automatic

push button

operation

both from

car and

landing

-

-

-

Push

button

car

handle

switch

control

2

9 to 12

2

8

0.6 to 1

*

--do--

1

8

-

Push

button

car

handle

switch

control

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 227

1

2

3

4

5

6

7

8

9

10

11

3

11 to 13

2

1

8

6

0.6 to

0.74

*

Power

operat

ed

doors

--Do--and

without

collection

system

--do--

1

8

-

Push

button

car

handle

switch

control

4

13 to 19

2

2

8

8

1

1

-

Power

operat

ed

doors

--do--

1

8

-

Push

button

car

handle

switch

control

* For buildings more than 15 m. in height collapsible gates shall not

be permitted. [see bye-law No. 7.9.1(f)].

———

228 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

Appendix “F-1”

The dimensions and relevant information for lift installations like lift

well, pit depth, machine room, clearance from top floor landing to

machine room flooring is given in table below :—

TableF-3: Dimensions and required information for Lift

Installation in Building

Carry-

ing

Capa-

city of

lift

(per-

sons)

Num-

ber

Load

(kg)

Lift

Speed

Dimension

of Lift well

front depth

(In cm.)

(Cm)

Leading

Pit

Entrance

(Cm)

Dimension of

Machine Room

Clearance

from top

floor

landing to

machine

room

flooring

cm

Imposed

load in

tones on

top of lift

well due

to

installat-

ion. It

may be

noted that

figures do

not

include

weight of

the

machine

from

floors and

well, etc.

1

2

3

4

5

6

7

8

9

10

11

12

4

272

Up to &

including

1 m/s

175

115

70

140

230

275

245

450

6.5

6

408

--do--

195

135

80

140

230

335

275

450

7.0

8

544

Up to &

including

1 m/s

200

170

80

150

245

395

275

450

8.5

10

680

Up to &

including

1.5 m/s

225

170

90

150

245

395

305

470

10.5

13

884

--do--

235

188

90

150

245

425

335

470

13.0

16

1088

--do--

255

205

105

150

245

520

335

480

15.0

20

1360

--do--

255

220

105

150

245

520

335

480

15.0

Note:—

(i) All lift well dimensions are minimum clear finished plumb

requirements.

(ii) Where more than one lift is located in the lift well, extra width

of 10 cm. Separator beam should be provided.

(iii) 1 m/s = 200 ft./min.

(iv) The height. of landing entrance should be 210 cm. (about 7

ft.) for all lifts.

————

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 229

Appendix “G”

Guidelines for Mitigation of Effects of Electro Magnetic Radiation in

Built Spaces

Introduction

Electromagnetic radiations are energy waves having time varying

electric and magnetic fields at right angles to each other and are

predominantly used for wireless communication.

Although, Electromagnetic Fields (EMF) occur in nature and thus

have always been present on earth (Sun is the biggest source of

natural EMR), nevertheless their occurrence has become more

pronounced due to rapid advances of wireless technology in the

communication sector.

The twentieth century witnessed, steady rise of environmental

exposure to man-made sources of EMF due to increasing electricity

demand, ever-advancing wireless technologies and changes in work

practices and social behaviour. The unprecedented growth in

communication industry in recent years has also caused an

exponential rise in electromagnetic radiations in the envelopes

surrounding all living habitats.

Human beings are thus exposed to a complex mix of electric and

magnetic fields at many different frequencies, at home and at work.

EMF (Electro Magnetic fields) can be broadly divided into—

1. Low-frequency

electromagnetic

fields.—The

common

sources of which include power lines, household electrical

appliances, and

2. High frequency electromagnetic fields.—The main sources

of which are radar, radio and television broadcasting,

mobile telephones and their base stations, induction heaters

and anti-theft devices etc.

230 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

Given below is the chart of Electromagnetic spectrum which

highlights various ranges of frequencies and the equipment which

work in these ranges of frequencies:—

Figure G-1

Therefore, there is an urgent need to adopt precautions for living

beings from any effects of electromagnetic radiations at our work

places as well as at our living spaces.

Electromagnetic Radiations : Effects of Exposure :

The effects of electromagnetic radiation upon living cells, including

those on humans, depend upon the frequency as well as the

penetrating power of the radiation.

Initially, it was believed that low frequency fields were too weak to

cause heating to a significant level and thus do not have any

biological effect. There have been a number of epidemiological

studies for a relationship between cell phone use and consequent

health threats that have been largely inconclusive. Thus, it can be

concluded that their effect is not very prominent although significant.

However, there are sufficient evidences to suggest the existence of

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 231

complex biological effects of weaker non-thermal electromagnetic

fields, and modulated RF and microwave fields. World Health

Organization has classified radio frequency electromagnetic

radiation as a possible group 2b carcinogen (possible weaker

threats).

In case of low-frequency radiations (radio waves to visible light)

therefore, depending upon the power of the radiation heating effects

are caused due to absorption of radiation by the living cells. These

thermal effects increase with the frequency of radiation as

penetration of radiation into the organism increases (for example

microwaves penetrate more than infrared rays).

At higher frequencies (visible and beyond) however, the individual

photons of the radiation carry enough energy individually and thus

directly or indirectly can damage biological molecules. All

frequencies of UV radiation have therefore been classified as Group

1 carcinogens by the World Health Organization. In this context it is

a significant fact that Ultraviolet radiation from sun exposure is the

primary cause of skin cancer. Thus, at such frequencies

electromagnetic radiations cause much more damage to biological

systems than simple heating. This is most obvious for the “extreme”

Ultraviolet, X-ray and Gamma radiations, which are referred to as

ionizing radiations due to the ability of photons of this radiation to

produce ions and free radicals in materials which include living

tissues as well. Since such radiation can produce severe damage to

life at powers that produce very little heating, it is considered much

more dangerous than the rest of the electromagnetic spectrum.

Health risks from Electromagnetic radiations can be numerous

depending upon the power and frequency of radiations.

From the perspective of prevention of any health effects of Electro

Magnetic Radiations there is a need of suitable precautions, since it

is not possible to keep away from them owing to the advent of

wireless

communication

technology

which

is

based

upon

electromagnetic waves of higher frequencies besides many other

applications like microwave, remote controlled toys, cordless

phones, TV remotes, etc.

232 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

Guidelines for Buildings and Built forms mitigating effects of

EMR :

While planning a building or a residential complex/township, it is

most desirable to list all probable equipment/appliance emitting

Electromagnetic Radiations in order of ascending/descending

intensities. These should also be categorized as per indoor and

outdoor emissions. Their placement in the built space and

surroundings can then be decided based on certain premises.

The most fundamental principal in this regard is that the effect of

Electromagnetic Radiation decreases with increase in distance from

radiation emitting source. It is thus advisable—

•

To keep a safe distance from working electric and electronic

equipment.

•

Minimize the use of all equipment working on wireless

technology like cordless phones, Wi-Fi, Bluetooth and the

cell phones.

•

Disconnect electric and electronic equipment from the

power supply when not in use, especially in areas of

prolonged occupancy.

Further, the list of equipment/appliances generally used in and

around working/living space is placed below for appreciation of

EMR radiation:—

1.

RF Sources i.e. the transmitting towers such as AM/FM radio

towers, TV towers, cell phone towers transmitting EMR

continuously.

2.

Cell phone which is ON but not in use also radiates and Wi Fi

(Wireless Internet).

3.

Cordless phone.

4.

Wi-max.

5.

Other wireless devices.

6.

CFL (Compact Florescent Light) bulbs.

7.

Neighbouring EMR sources that are located next to shared

walls.

8.

Computers and laptops.

9.

Air conditioning systems.

10.

Refrigerators.

11.

Electrical heating systems/Microwave Ovens.

12.

Power generators and voltage converters.

13.

Stereo and home entertainment systems.

14.

Fans.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 233

This list is only indicative and not exhaustive and there can be

additions to it.

From the view point of effective communication, providing of

mobile towers in a township/office complex is an essential

requirement and thus should be carefully planned.

The mobile tower generates and transmits high frequency radiations;

so more care is needed for their placement. It should be ensured that

the building identified to mount the tower should be the tallest in the

vicinity and should not have adjoining buildings on which proposed

or existing habitable floors are within close-range.

OR

Mobile Tower should be mounted on the highest sanctioned building

in an area.

In regular practice that many cellular operators mount their antenna

on a single tower along with other operators which increase the

effects of EMR manifolds and should thus be avoided as far as

possible. Else height. of the tower should be increased.

Besides, Substation Equipment like Transformer, DG set etc. are also

to be provided for fulfilling the bulk power requirement of the

building and should be suitably placed for electrical safety as well as

for mitigating effects of EMR. However, as these are low frequency

devices, their placement is too decided more from electrical safety

point of view than EMR.

In addition, various light. sources inside the living/working spaces,

UPS, servers, various other equipment running on Wi-Fi may also

emit EMR. Hence their placement inside the building also needs

careful consideration.

Thus, in a built environment of considerable human occupancy,

following broad guidelines should be adopted for placement of utility

equipment/appliances serving the building as a whole :—

Equipment external to the building: Mobile Towers

234 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

Figure G-2

Location of communication towers is governed by radio frequency

system adopted and as far as possible cellular operator should try to

avoid residential areas. However, where it is not possible to avoid

these, they should request for permission from the appropriate

authority for installation on roof top of the tallest existing

buildings—

i. First preference should however, be given to the location of

tower in the commercial areas or other public areas.

ii. Where it is not possible to avoid the location of this tower

in residential, area possibility should be explored to locate

them in green belts within residential sectors or open

spaces/community buildings in the sectors.

Where it is not possible to find such suitable space mentioned at

Sr. No. (ii) above, tower should be permitted on the roof top of

residential buildings subject to the condition that a structural safety

certificate from a certified Structural Engineer has been obtained.

Such towers should not be permitted on occupied buildings, however

if inevitable, a Steel/Metal frame of 6 m. height over the roof level of

the last habitable floor of the building should be provided to

accommodate the tower and its associated units.

Structural stability of the said building should be calculated with the

overall loading of such metal steel frames mounted atop and

“Structural stability certificate” should be submitted by a registered

structural engineer with the application for the permission of

building (pre-design) or installation (post-design).

Transformers.—In addition to the fenced ionized area around a

transformer, neighbourhood level congregation activity areas should

not be planned/permitted within 3 m of the fence.

Diesel Generators.—The location of the Generator within the Plot

premises should not be adjacent to any habitable/community/

recreational activity within a radius of 3m.

Indoor equipment/Appliances:

Electrical Switchboards.—Unless otherwise amended by Barrier-

free access regulations to such fixtures, they should be mounted as

per existing stipulations laid down in CPWD General Specifications

for Electrical Works-Part I Internal 2013.

No. 42-2]

The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943. 235

Wireless Routers.— Within the housing unit, the vertical mounting

height of the router should be not less than 4 feet and should be kept

in the Drawing/Dining zone and not within the zones of longer

period of occupancy e.g. Bedrooms.

In non-residential units i.e. office spaces these routers should be kept

as much away as possible and should be switched off when not in

use.

Figure G-3

Server Room.—Occupied Work-stations should be at least 5 m

away from the server room or associated equipment. If people are

sitting in the same room, they must wear protective gear and should

not have prolonged exposure.

Computer.—Should be placed in the most isolated place in a

dwelling unit, while in an office space, it should not be less than 2.5

feet away from the person using it.

UPS.—Should also be placed in the most isolated place in a dwelling

unit, while in an office space it should not be less than 2.5 feet away

from the person using it.

Mobile Phone.—It usually remains with the user all the time. The

only time it is kept away is when it is being charged. Thus mobile

should be charged from a remotely located power point. It is thus

preferable to provide a charging station in almost every

working/living space at a location, as far as permissible from living

space considerations.

Light sources.—Usually, sun as a source of natural light is the

biggest source of electromagnetic radiations. However, the

atmosphere surrounding us provides a natural shield from

electromagnetic radiations. In this context, the light sources used

inside a living/working space should be given careful consideration

236 The J&K Official Gazette, 14th Jan., 2022/24th Pausa., 1943.

[No. 42-2

from the point of view of Electromagnetic Radiations. Many

luminaries available presently, like Fluorescent tubes, compact

fluorescent lamps, LED lights etc. are used in working/living spaces.

So, their use should not only be determined from the point of view of

energy conservation but also from the point of view of

Electromagnetic Radiations. For this purpose, recommendations of

the manufacturers should serve as proper guidelines—

Table G—1: below summarizes appropriate placement of

equipment’s/appliances in the built environment:—

Sr.

No

Equipment

Minimum safe distance

1.

Mobile Towers

6 m height over the roof level of the last

habitable floor of the building.

2.

Transformers

3 m

3.

Electrical Switchboards No Change

4.

Wireless Routers

4 feet (1.2 m)

5.

Server Room

5 m

6.

UPS

2.5 feet (0.75 m)

7.

Diesel Generators

Radius of 3 m

8.

Mobile Phone

2 feet (0.6 m)

9.

Computer

2.5 feet (0.75 m)

10. Laptop

2.5 feet (0.75 m)

11. UPS

2.5 feet (0.75 m)

12. Wireless Router modem 4 feet (1.2 m)

13. Server room

5 m away from workstations

Note:—Intensity of Electromagnetic Radiations decreases with

increase in distance from the radiation source. So as to

minimize exposure maximum possible distance should be

kept.

EXTRAORDINARY

REGD NO. JK-33

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

—————————————————————————————————

Vol. 134]

Jammu, Tue., the 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

—————————————————————————————————

Separate paging is given to this part in order that it may be filed

as a separate compilation.

—————————————————————————————————

PART III

Laws, Regulations and Rules passed thereunder.

————

JAMMU AND KASHMIR UNIFIED

BUILDING BYE-LAWS, 2021,

KATRA DEVELOPMENT AUTHORITY, KATRA

Notification

Katra, the 1st day of December, 2021.

In exercise of the powers conferred under section 13/14 of the

Jammu and Kashmir Development Act, 1970, the Katra Development

Authority, Katra hereby adopt the following bye-laws framed by the

Government of Jammu and Kashmir, namely :—

CHAPTER 1

1.1 Title, commencement and application.—

These Bye-Laws shall be called the Jammu and Kashmir Unified

Building Bye-Laws, 2021 and shall be applicable within territorial

2

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

limits of Katra Development Authority, Katra from the date of their

publication in the Jammu and Kashmir Official Gazette.

All mandatory Master Plan or Zonal Regulations regarding use,

land use, including modification therein made from time to time

shall be applicable mutatis mutandis in these Bye-laws under this

clause. All amendments or modifications made in the aforesaid

regulations shall automatically stand deemed to have been included

as part of these Bye-laws.

1.2

Definitions.—

In these Bye-laws, unless the context otherwise required the

definition given shall have the meaning indicated against each

term:—

1)

Advertising Sign.—Any surface or structure with

characters, letters or illustrations applied there to and

displayed in any manner whatsoever out of door for the

purpose of advertising or giving information regarding or to

attract the public to any place, person, public performance,

article, or merchandise and which surface or structure is

attached to, from part of, or is connected with any building

or is fixed to a tree or to the ground or to any pole screen,

fence or hoarding or displayed in space, or in or over any

water body included in the jurisdiction of the concerned

Authority.

2)

Alley—means a public thoroughfare which affords only a

secondary means of access to abutting property and not

intended for general traffic circulation.

3)

Apartment.—The building will be called apartment house

when the building is arranged/intended/designed to be

occupied by the families independent of each other and

with independent cooking facility for the purpose of

sale/lease/rent to person.

4)

Access.—A clear approach to a plot or a building.

5)

Alteration.—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 wall, partition, column, beam, joist, floor

(including a mezzanine floor) or other support, or a change

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

3

to or closing of any required means of ingress or egress or a

change to the fixtures or equipment.

6)

Approved.—Approved

by

the

Authority

having

jurisdiction.

7)

Air-Conditioning.—A process of treating air to control

simultaneously its temperature, humidity, cleanliness, and

distribution to meet the requirement of an enclosed space.

8)

Authority Having Jurisdiction.—The Authority which

has been created by a statute and which for the purpose of

administering the Bye-laws/part may authorize committee

or an official to act on its behalf; hereinafter called the

‘Authority’.

9)

Balcony.—A

horizontal

projection,

cantilevered

or

otherwise including a parapet handrail balustrade, to serve

as a passage or sitting out place.

10) Basement or Cellar.—The lower story of a building

below, or partly below the ground level.

11) BPIA (Building Permit Issuing Authority).—The officer

notified by the Urban Local Body or Urban Local

Authority for issuing the Building Permits.

12) Building.—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, floors roofs, chimneys, plumbing

and building services, fixed platforms, varanda, 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.

Tents, Shamianahs, tarpaulin shelters, etc., erected for

temporary and ceremonial occasions with the permission of

the Authority shall not be considered as building.

13) Building Line.—The line up to which the plinth of

building adjoining a street or an extension of a street or on

a future street or a water channel may lawfully extend and

includes the lines prescribed, if any, in any scheme and/or

development plan.

The Build-to-Line shall be considered as the imaginary line

formed after leaving the front (Roadside Setback/Setback)

as governed by the road width.

4

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

Building line shall be measured from the centre of median

or centre of carriageway for established roads and the

centre of RoW for other roads.

14) Building Height.—The vertical distance measured—

a. In the case of flat roofs from the average level

surrounding ground and continuance to the highest

point of the building.

b. In case of pitched roofs up to the point where the

external surface of the outer wall intersects the

finished surface of the sloping roof.

c. In the case of gables facing the road, the midpoint

between the eaves level and the ridge. Architectural

features serving no other function except that of

decoration shall be excluded for the purpose of

taking heights.

15) Building Envelope.—The horizontal spatial limits up to

which a building may be permitted to be constructed on a

plot.

16) Building setback—means the distance by which any

building or structure shall be separated from the

corresponding boundary lines of the plot.

17) Built up Area—means area covered immediately above

the plinth level and the external area of upper floor.

18) Canopy—shall mean a cantilevered projection from the

face of the wall over an entry to the building at the lintel

level provided that :

a.

It shall not project beyond the plot line.

b.

It shall not be lower than 2.3 metres or 7/-6// when

measured from the ground.

c.

There shall be no structure on it and the top shall

remain open to sky.

19) Carpet Area.—The covered area of the usable rooms at

any floor level (excluding the area of the wall).

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

5

20) Chajja.—A sloping or horizontal structural overhang

provided over openings on external walls for protection

from the weather.

21) Cabin.—A non-residential enclosure constructed of non-

load bearing partitions.

22) Chimney.—A construction by means of which a flue is

formed for the purpose of carrying products of combustion

to the open air and includes a chimney stack and the flue

pipe.

23) Ceiling height—means the vertical distance between the

floor and the ceiling, where a finished ceiling is not

provided, the underside of the joists or top of post plate in

case of pitched roof shall determine the upper point of

measurement.

24) Commercial Building—means a building used as shop,

store, market, money transaction, sale and purchase of

goods either wholesale or retail, storage, godown or any

other activities carried in furtherance of trade and

commerce.

25) Competent Authority.—The Administrative Secretary,

Housing and Urban Development Department shall be the

Competent Authority.

26) Clinic—means a premise with facilities for treatment of

outdoor patients by a doctor.

27) Courtyard.—A space permanently open to sky, enclosed

fully or partially by buildings and may be at ground level or

any other level within or adjacent to a building.

28) Cornice—means a sloping or horizontal structural

overhang usually provided over openings or external walls

to provide protection from sun and rain.

29) Cluster.—Plots or dwelling units or housing grouped

around an open space ideally housing cluster should not be

very large. In ground and one storeyed structure not more

than 20 houses should be grouped in a cluster. Clusters

with more dwelling units will create problems in identity,

encroachments and of maintenance.

6

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

30) Covered Area.—Ground area covered by the building

immediately above the plinth level. The area covered by the

following in the open spaces is excluded from covered area.

Garden, rockery, well and well structures, plant nursery,

water pool, swimming pool (if uncovered), platform round

a tree, tank, fountain, bench, Chabutra with open top and

unenclosed on sides by walls and the like; Drainage culvert

conduit, catch-pit, gully pit, chamber, gutter and the like;

Compound wall, gate, unstoreyed porch and portico,

canopy, slide, swing, uncovered staircase, ramps areas

covered by Chhajja and the like; and Watchmen’s booth,

pump house, garbage shaft, electric cabin or sub-stations,

and such other utility structures meant for the services of

the building under consideration.

Note:−For the purpose of this Part, covered area equals the plot

area minus the area due for open spaces.

31) ‘Cul-de-Sac’ Cluster.—Plots/dwelling units when located

along a pedestrianized or vehicular 'cul-de-sac’ road.

32) Day/s.—Working day of the BPIA.

33) Density.—The residential density expressed in terms of the

number of dwelling units per hectare.

Note:−Where such densities are expressed exclusive of

community facilities and provision of open spaces and

major roads (excluding incidental open spaces), these will

be net residential densities. Where these densities are

expressed taking into consideration the required open

space provision and community facilities and major

roads. These would be gross residential densities at

neighbourhood level. Sector level or town level, as the

case may be. The provision of open spaces and community

facilities will depend on the size of the residential

community. Incidental open spaces are mainly open

spaces required to be left around and in between two

buildings to provide lighting and ventilation.

34) Designated Persons.—The person notified by the Urban

Local body or Urban Local Authority for the receipt of

documentations and clearances on behalf of ULB/ULA.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

7

35) Detached Building.—A building detached on all sides.

36) Development.—‘Development’

with

grammatical

variations means the carrying out of building, engineering,

mining or other operations, in, or over, or under land or

water, on the making of any material change, in any

building or land, or in the use of any building, land, and

includes redevelopment and layout and sub-division of any

land; and to develop shall be construed accordingly.

37) Drain.—A conduit, channel or pipe for the carriage of

storm water, sewage, waste water or other water borne

wastes in a building drainage system.

38) Drainage.—The removal of any liquid by a system

constructed for the purpose.

39) Dwelling.—Is a building designed or used to be used for

residential purposes. Dwelling shall not include boarding or

rooming houses, tents, tourist camps, hotels, guesthouses,

or other structure used for transit residents like pilgrims,

tourists, specialized terms etc.

40) Dwelling Unit/Tenement.—An independent housing unit

with separate facilities for living, cooking and sanitary

requirements.

41) Escalator.—A power driven, inclined, continuous moving

stairway used for raising or lowering passengers.

42) Exit.—A passage, channel or means of egress from any

building, storey or floor area to a street or other open space

of safety.

43) Enclosed Staircase—means a staircase separated by fire

resistant walls and doors from the rest of the building.

44) Erection—means to construct for the first time or to

construct existing building after demolition or to add

another storey over the existing one according to some pre

or revised plans.

45) Fire and/or Emergency Alarm System—means an

arrangement of call points or detectors, sounders and other

equipment for the transmission and indication of alarm

signals working automatically or manually in the event of

fire.

8

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

46) Fire Pump—means a machine, driven by external power

for transmission energy to fluids by coupling the pump to a

suitable engine or motor, which may have varying

outputs/capacity but shall be capable of having a pressure

of 3.2 Kg/cm2 at the topmost level of multi-storey or high

rise building.

47) Fire Service Inlet—means a connection provided at the

base of a building for pumping up the water through in-

built fire-fighting arrangements by fire service pumps in

accordance, with the recommendation of the Chief Fire

Officer.

48) Filling station—means an area of land including any

structures thereon that is or are used or designed to be used

for the supply of gasoline or oil or fuel for the propulsion of

vehicles. For the purpose of these building regulations

these shall be deemed to be included within this term, any

area or structure used designed to be used for polishing,

greasing, and washing, spraying or otherwise cleaning or

servicing such motor vehicles.

49) Fire Hazard Industries.—

i)

“Low

Fire

Hazard

Industries”

include

engineering

industries

using/processing

or

assembling non-combustible materials i. e. lathe

machines, steel works, steel components etc.

ii)

“Moderate Fire Hazard Industries” industries

include

using/processing

or

assembling

combustible materials but not flammable liquid

etc., i. e. plastic industries, rubber and PVS

industries, textile paper, furniture flour mills etc.

iii)

“High

Fire

Hazard

Industries”

includes

industries using/processing flammable liquids,

gases, chemicals petroleum products, plastic or

thermo setting group etc.

50) Floor.—The lower surface in a storey on which one

normally walks in a building. The general term ‘floor'

unless specifically mentioned otherwise shall not refer to a

‘mezzanine floor’.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

9

51) Floor Area Ratio (FAR).—The quotient of the ratio of the

combined covered area of all floors, excepting areas

specifically exempted under these regulations, to the total

area of plot viz. :

Floor Area Ratio (FAR)=

       

 

52) Foundation.—This part of the structure, which is in direct

contact with ground and transmits load over it.

53) Gallery.—An immediate floor or platform projecting from

a wall or an auditorium or a hall providing etc. floor area

and additional seating accommodation and includes the

structures provided for seating in stadia.

54) Govt. Approved Colony.—A colony planned and

developed by developers and approved by urban local

bodies, development authorities, housing board or other

Govt. agencies.

55) Govt. Colony.—A colony planned and developed by

urban local bodies, development authorities, housing board

or other Govt. agencies.

56) Group Housing.—Housing for more than one dwelling

unit, where land is owned jointly (as in the case of

cooperative societies or the public agencies, such as local

authorities or housing boards, etc.) and the construction is

undertaken by one Agency.

57) Guest House.—A guest house shall have separate sleeping

accommodation on transient or permanent basis with or

without dining facilities for not more than 24 persons at a

time.

58) Habitable Room.—A room occupied or designed for

occupancy by one or more persons for study, living,

sleeping, eating, and kitchen if it is used as a living room,

but not including bathrooms, water-closet compartments,

laundries, serving and store pantries, corridors, cellars,

attics, and spaces that are not used frequently or during

extended periods.

10

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

59) Hazardous Buildings.—

(a)

Storage, handling, manufacture of processing of

radioactive substances or highly combustible or

explosive materials or of products which are liable

to burn with extreme rapidity and/or producing

poisonous fumes or explosive emanations.

(b)

Storage, handling, manufacture, or processing of

which involves highly corrosive, toxic or noxious

alkalis, acids, or other liquids, gases or chemicals

producing flame, fumes and explosive mixtures etc.

or which result in division of matter into fine

particles capable of spontaneous ignition.

60) Heritage Building—means any building of one or more

premises or any part thereof which requires preservation,

restoration, and conservation for historical, architectural,

environmental, cultural or religious purpose and includes

such portion of the land adjoining such buildings as may be

required.

61) Heritage Zone—means the area around such heritage

building as delineated under Jammu and Kashmir Heritage

and Conservation and Preservation Act, 2010 from time to

time for restricting the height of building and use of

building. The areas coming under different ASI sites

including the buffers will also be treated as heritage zone.

62) Hotel.—These shall include any building or group of

buildings under single management, in which sleeping

accommodation is provided, with or without dining

facilities.

63) Interlocking Cluster.—Clusters when joined at back and

on sides with at least one side of a cluster common and

having some dwelling units opening onto or having access

from the adjacent clusters. Dwelling units in such clusters

should have at least two sides open to external open space.

Houses in an interlocking cluster may have access,

ventilation and light from the adjacent cluster and should

also cater for future growth.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

11

64) Industrial Building—means a building, which is wholly

or

predominantly

used

as

a

warehouse

or

for

manufacturing/assembling, processing activity or distillery.

65) Ledge or Taakh.—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 1m.

66) Lift.—A mechanically guided car, platform for transport of

persons and materials between two or more levels in a

vertical or substantially vertical direction.

67) Loft.—An intermediate floor between two floors or a

residual space in a pitched roof above normal level

constructed for storage with maximum clear height of

1.5 m.

68) Master Plan.—A Master Plan for town approve by the

Government.

69) Mezzanine

Floor.—An

intermediate

floor

(having

minimum height of 2.2 m) between two floors of any storey

forming an integral part of floor below. Mezzanine Floor

shall be counted in FAR.

70) Mumty or Stair cover.—A structure with a covering roof

over a staircase and its landing built to enclose only the

stairs for the purpose of providing protection from weather

and not used for human habitation.

71) Non-conforming use/building.—It is a building, structure

or use of land existing at the time of commencement of the

zoning regulations and which does not conform to the

regulations pertaining to the zone in which it is situated.

72) Occupancy or Use.—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.

12

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

73) Open Space.—An area forming an integral part of the plot,

left open to the sky.

Note:—The open space shall be the minimum distance measured

between the front, rear and side of the building and the

respective plot boundaries.

74) Open Space, Front.—An open space across the front of a

plot between the building line and front boundary of the

plot.

75) Open Space, Rear.—An open space across the rear of a

plot between the rear of the building and the rear boundary

of the plot.

76) Open Space, Side.—An open space across the side of the

plot between the side of the building and the side boundary

of the plot.

77) Owner.—A person, a group of persons or a body having a

legal interest in land and/or building thereon. This includes

free holders, leaseholders or those holding a sublease, who

will have a legal right to occupation and have liabilities in

respect of safety or building condition. In case of lease or

sublease holders, as far as ownership with respect to the

structure is concerned, the structure of a flat or structure on

a plot belongs to the allotted/lessee till the allotment/lease

subsists.

Note:—For the purpose of this document, the word 'owner' will

also cover the generally understood terms like ‘client’,

‘user ', etc.

78) Parapet.—A low wall or railing built along the edge of a

roof or a floor.

79) Parking Space.—An enclosed or unenclosed covered or

open area sufficient on size to park vehicles. Parking spaces

shall be served by a driveway connecting them with a street

or alley and permitting ingress and egress of the vehicles.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

13

80) Pathological

laboratories—means

a

premise

with

facilities for carrying out various tests for the confirmation

of symptoms of a disease.

81) Plinth.—The portion of a structure between the surface of

the surrounding ground and surface of the floor

immediately above the ground.

82) Plinth Area.—The built-up covered area measured at the

floor level of the basement or of any storey.

83) Porch.—A covered surface supported on pillars otherwise

for the purpose of a pedestrian or vehicular approach to a

building.

84) Polyclinic—means an institution where patients are

clinically examined by one or more doctors for treatment of

disease and where patients are treated but not admitted as

indoor patients as is the case with hospitals and nursing

homes. It can have basic diagnostic facilities.

85) Public Building—means a building owned or used by

Govt. or Semi-Govt. Authority, Public Registered Trust or

such board/foundation which runs and manages charitable

institution like hospitals, educational institutions and

religious institutions. It shall also include places of

Worship like Mosque, Temple, Gurudwara, Church etc.

86) Plans—means a detailed sub-division plan indicating size

and arrangement of all premises uses.

87) Plot.—A piece of land occupied or intend to be occupied

for occupancy by a main building with its accessory

buildings and uses incidental to it.

88) Plot Width.—The shorter the distance from one side of the

plot line to the other measured through that part of the plot

to be occupied by the building.

89) Room Height.—The vertical distance measured from the

finished floor surface to the finished ceiling surface. Where

a finished ceiling is not provided, the underside of the joists

or beams or tie beams shall determine the upper point of

measurement.

14

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

90) RoW Housing/RoW Type Building.—A row of buildings,

with only front, rear and interior open spaces, where

applicable.

91) RoW-Right of Way.—The RoW is the width of land area

acquired for the construction of the roadway. This includes,

carriageway, footpath, service roads, utility area, buffer,

shoulders, and area for future expansions of road.

92) Residential Building—means a building used for human

habitation and includes all garages, stables or other

building apartment/hostels thereto.

93) Registered Technical Personnel (RTP)—will mean

qualified person/persons as Architect/Engineer/Planner/

Group

of

Technical

Personnel/Supervisor/Plumber/

Electrician who has been enrolled/licensed by the

BPIA/accreditation board.

94) Required open space.—The space between the plot lines

and the minimum building set back lines.

95) Semi-Detached Building.—A building detached on three

sides.

96) Service Road/Lane.—A road/lane provided adjacent to a

plot(s) for access or service purposes as the case may be.

97) Set-back Line.—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 plot

boundaries.

98) Site (Plot).—A parcel (piece) of land enclosed by definite

boundaries.

99) Site, Corner.—A site at the junctions of and fronting on

two or more intersecting streets.

100) Site, Depth of.—The mean horizontal distance between

the front and rear site boundaries.

101) Stair cover or Mumty.—A structure with a roof over a

staircase and its landing built to enclose only the stairs for

the purpose of providing protection from weather and not

used for human habitation.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

15

102) Storey.—The portion of a building included between the

surface of any floor and the surface of the floor next

above it, or if there can be no floor above it, then the

space between any floor and the ceiling next above it.

103) Storey, Topmost.—The uppermost storey in a building

whether constructed wholly or partly on the roof.

104) Street/Road.—Any means of access, namely, highway,

street, lane, pathway, alley, stairway, passageway,

carriageway, footway, square, place or bridge, whether

thoroughfare or not, over which the public have a right of

passage or access or have passed and had access

uninterruptedly for a specified period, whether existing or

proposed in any scheme, and includes all bunds, channels,

ditches, storm-water drains, culverts, footpaths, sidewalks,

traffic islands, roadside trees and hedges, retaining walls,

fences, barriers and railings within the street lines.

105) Street Level or Grade.—The officially established

elevation or grade of the central line of the street upon

which a plot fronts and if there is no officially established

grade, the existing grade of the street at its mid-point.

106) Street Line .—The line defining the side limits of a street.

107) To Erect.—To erect a building means,—

a.

To erect a new building on any site whether

previously built upon or not ; and

b.

To re-erect any building of which portions above the

plinth level have been pull down, burnt or destroyed.

108) Urban Local Authority (ULA).—All local authorities

constituted under J&K Development Act, 1970 and

controlled

by

Housing

and

Urban

Development

Department.

109) Urban Local Body (ULB).—All municipal corporations,

municipal councils and municipal committees constituted

under J&K Municipal Corporation Act, 2000 and J&K

Municipal Act, 2000 shall be deemed to be urban local

body.

16

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

110) Verandah.—A covered area with at least one side open to

the outside with the exception of l m high parapet on the

upper floors to be provided on the open side.

111) Ventilation—shall mean the supply of outside air into a

building through window or other openings due to wind

outside and convection effects arising from temperature,

or vapour pressure differences (or both) between inside

and outside of the building.

112) Water Closet (W.C.).—A water flushed plumbing fixture

designed to receive human excrement directly from the

user of the fixture. The term is used sometimes to

designate the room or compartment in which the fixture is

placed.

113) Window.—An opening to the outside other than a door,

which provides all or part of the required natural light or

ventilation of both to an interior space and not used as a

means of egress/ingress.

114) Warehouse—means a building, the whole or substantial

part of which is used or intended to be used for the storage

of goods but does not include a store room attached to and

used for the proper functioning of a shop.

115) Workshop—means a building where not more than ten

persons are employed in any repair/servicing or

manufacturing process.

116) Zonal plan.—A plan detailing out the proposals of

Master Plan and acting as a link between Master Plan and

the layout plan. It may contain a site plan and land use

plan, with approximate location and extent of land uses.

Such as public and semi-public buildings/works utilities,

roads, housing, recreation, industry, business, markets,

schools, hospitals, open spaces etc. It may also specify

standards of population density and various components

of development of the zone.

117) Zone—means any division in which local areas is divided

for purpose of development.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

17

CHAPTER 2

JURISIDICTION, APPLICABILITY AND PROCEDURE FOR

OBTAINING BUILDING PERMISSION AND SANCTIONING

BUILDING PLAN

2.1 Jurisdiction of Building Bye-laws :

These Building Bye-laws shall apply to the building activity in the

Union Territory of Jammu and Kashmir for all urban local bodies,

urban

development

authorities

and

metropolitan

regional

development authorities.

2.2 Applicability of Building Bye-laws :

These building Bye-laws shall be applicable to all building

activities undertaken by private or Government agencies and shall

be read in conjunction with the Master Plan/Zonal Development

Plan or any other statutory plan in force, if any, and notifications, if

any, about the same and as amended from time to time and these

building Bye-laws may be reviewed after five years.

2.3 Applicability of Bye-laws for all types of building developments

and part construction :

Except hereinafter or otherwise provided, these Bye-laws shall

apply to all development, redevelopment, erection and/or re-

erection of a building whether temporary or permanent as well as to

the design, construction of, or reconstruction and additions and

alterations to a building.

i.

Applicability of Bye-laws for Part construction :

Where the whole or part of a building is demolished or altered

or reconstructed, except where otherwise specifically

stipulated, these Building Bye-laws shall apply to the whole

building whether existing or new.

ii.

Change of use/Occupancy :

Where the use of a building is changed, except where

otherwise specifically stipulated, these Building Bye-laws

shall apply to all parts of the building affected by the change.

iii.

Reconstruction :

The reconstruction in whole or part of a building which has

ceased to operate due to fire, natural collapse or demolition

18

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

having been declared unsafe, or which is likely to be

demolished by or under an order of the Authority as the case

may be and for which the necessary certificate has been given

by the Authority.

2.4 Existing approved building :

Nothing in these Bye-laws shall require the removal, alteration, or

abandonment, nor prevent continuance of the lawfully established

use or occupancy of an existing approved building unless, in the

opinion of the Authority such a building is unsafe or constitutes a

hazard to the safety of adjacent property or to the occupants of the

building itself.

2.5 Building Permit Required :

No person shall undertake any building operation/construction

without obtaining a valid Building Permit prior to commencement

of such activity. Issuance of a Building Permit by the BPIA shall

mean an acceptance by the Authority that the design and

specifications of the proposed building, for which Building Permit

has been issued, conforms to these Building Bye-laws/Building

Regulations, and, that the person holding the Building Permit may

undertake construction of the proposed building. It does not

constitute acceptance of correctness, confirmation, approval or

endorsement of—

a)

Easement rights of the plot on which the building is proposed.

b)

Workmanship, soundness of material and structural safety of

the proposed building and shall not bind or render the

Authority liable in any way in regard to (a) and (b) above.

Design and specifications of all aspects of a building shall be

the responsibility of the owner of the building. Design and

specifications of a building shall be mandatory and may be

examined by the BPIA for ensuring the compliance of the

building to these Building Bye-laws/Regulations.

2.6 Procedure for obtaining Building Permit :

Every person who intends to erect or re-erect or make material

alteration in any place in a building or part thereof, within the local

area, shall apply in writing or online as prescribed to the BPIA, on

prescribed format. Such notice shall be accompanied with the plans.

Copies shall be retained in the office of the Authority for record

after the issuance of permission and a copy shall be given to the

applicant and the concerned Ward Officer.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

19

2.6.1

Notice/Application :

Application for Building Permit shall be made by the owner of

the plot on which the building is proposed in the format

prescribed by the agency (Appendix “A”: Form for Application

to Erect, Re-erect or to make Material Alteration in any place in

a Building). Drawings, specifications and documents to be

submitted along with Application for obtaining a Building

Permit shall be as per these Bye-Laws.

2.6.2

Scrutiny of Application :

The Authority shall undertake scrutiny of the application for a

Building Permit with all the requisite checklists. Any deficiency

if found during scrutiny shall be communicated in writing to the

applicant in the prescribed format within time-frame as defined

in section 2.15 and 2.16. The applicant shall submit the revised

application to comply with the objections raised within seven

days. The Authority shall scrutinize the resubmitted plans and if,

there are still some objections that shall be intimated to the

applicant for compliance. It is further clarified that—

(a) No Application shall be valid unless the information

required by the Authority under these Bye-laws or any

further information which may be required has been

furnished to the satisfaction of the Authority.

(b) The Owner/Registered Technical Person shall be fully

responsible for any violation of Master Plan/Zonal

Plan/Building Bye-laws, architectural controls, lease deed

conditions etc. In case of any default, they shall be liable for

action. Any construction so raised shall be deemed to be

unauthorized and shall be liable for action.

2.6.3

Grant or Refusal of a Building Permit :

After receiving the replies, designs and specifications of

proposed building, Building Permit shall be issued to the

applicant when the BPIA is satisfied that the design and

specifications of the proposed building comply with these

building Bye-laws. However, if after receiving the replies the

proposed building does not comply with Building Bye-laws,

Master Plan etc., the application may be rejected. Reasons for

20

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

rejection shall be communicated to the applicant within fifteen

days in the prescribed format (Appendix “A-7”: Form for

Refusal of Building Permit).

2.6.4

Exemption to Government:

No Government/Semi-Government organizations either Central

or UT shall be exempted from complying with the provisions of

the Bye-laws/Regulations, unless ‘Government’ grants such an

exemption.

2.6.5

Plans and documents accompanying applications :

The following plans shall accompany the application for grant of

building permission:—

(a) Site Plan.—The site plan drawn to a minimum scale of

1:200/1'=16'-0″ or Graphic Scale and shall show the

following:—

(i)

The boundaries of the site belonging to the owner

with dimensions and of any contiguous land and

other features including buildings up to 50/-0//

surrounding ;

(ii)

The position of the site in relation to neighbouring

streets with name of the street on which the building

is situated ;

(iii) The position of the site and all other buildings (if

any) which the applicant intends to erect upon his

land in relation to—

•

The boundaries of the site and in case where the

site has been partitioned, the boundaries of the

portion owned by the applicant and also of the

portions owned by other owners of that entire

plot ;

•

The means of access from an existing street to the

building ;

(iv) Graphic Scale with north direction ;

(v)

Plot area, plinth area, floor space index/floor area

ratio ;

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

21

(vi) Location, name and width of each adjacent road or

lane ;

(vii) Such other particulars as may be prescribed by the

Authority ;

(viii) The applicant shall also submit landscape plan

indicating

all

landscaping

elements

viz-a-viz

structure wherever applicable ;

(ix) Location with precise latitude and longitude/key

plan of the site not to scale but giving distance from

known landmark ;

(x)

All utilities lines have to be marked in site plan

wherever necessary ;

(xi) The position of all the existing features like high

tension line, telegraph and electrical poles/lines,

underground pipe lines, trees, grave yards, religious

buildings, railway lines, etc. within a distance of

30m from the nearest edge of the site, all major

physical features of land proposed to be developed

which include the approximate location and size of

any water body, flood affected areas and contours at

an interval of 0.3m in case of the site which has a

slope more than 1:20.

(b) Building Plan.—The details of the building which inter

alia shall include plans, elevations and sections enclosed

with the application shall be accurately drawn to scale of

1:100/1//=8/-0// or Graphic scale. Adequate arrangement for

proper drainage shall also be shown. The plan shall

include—

(i)

Complete layout plan of the area or areas showing

location and width of all street’s dimensions, sizes

and uses of all the plots.

(ii)

Plans of all floors, accessory buildings and

basement plan. Such drawings shall fairly indicate

the size of rooms, size of windows and ventilators,

size of door opening and stair runs.

(iii) Location of drains, sewers, public utility, electric

lines, services, transformers.

22

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

(iv)

Exact location of essential services such as W. C.

sink, bath etc.

(v)

Proposed and existing works should be clearly

indicated in different colour (other than red) or in

marking.

(vi)

Sectional drawings showing clearly the sizes of

footings, thickness of basement walls, if any, all

roof slabs and floor slabs, ceiling heights and

parapet height with their materials. The section shall

indicate the drainage and slope off the roof. At least

one section shall be taken through the staircase.

(vii) Details of served privies (if any).

(viii) Street elevation and one more side elevation.

(ix)

Dimensions of the projected portions beyond the

permissible building line i. e. Chajja line.

(x)

The existing ground level of the plot and proposed

ground level in relation to abutting road level to be

clearly mentioned in drawing.

(xi)

Detailed parking plan.

(xii) Space used for storing construction materials during

the time of construction.

(xiii) The owner shall file an undertaking stating that he

shall leave and surrender land for road widening if

required under rules, and he will not violate any

rules, building Bye-laws, and that in case of

violations the Authority shall be at liberty to

summarily remove such deviations without prior

notice and at the owner’s cost. The form of

undertaking shall be as at prescribed format

(Appendix B Handing Over Land Required for

Road Widening).

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

23

(c)

Building Plans for Multi-Storeyed/Special Buildings.—

For multi-storeyed buildings, which are above 15 M. in

height the following additional information shall be

furnished/indicated in the building plans in addition to the

item listed in section 2.6.5.

For all high-rise buildings which are 15 m or more in height

and for special buildings like educational, assembly,

institutional, business, mercantile, industrial, storage and

hazardous and mixed occupancies with any of the aforesaid

occupancies having covered area more than 500 Sq.m. (see

also Part 4. Fire and Lift Safety of the National Building

Code, 2016), the building sanction shall be done in two

stages. In case of important projects and projects having

high complexity and sensitivity, the Authority may get the

design, drawings and details of such buildings peer

reviewed/proof checked before approving the same.

Stage 1: Planning clearance.—The following additional

information shall be furnished/indicated in the building plan

in addition to the items given in (b) as applicable :—

(i)

Access to fire appliances/vehicles with details of

vehicular turning circle and clear motorable access

way around the building ;

(ii)

Size (width) of main and alternative staircases along

with balcony approach, corridor, ventilated lobby

approach ;

(iii)

Location and details of lift enclosures ;

(iv)

Location and size of fire lift ;

(v)

Smoke stop lobby/door, where provided ;

(vi)

Refuse chutes, refuse chamber, service duct, etc. ;

(vii)

Vehicular parking spaces ;

(viii)

Refuge area, if any ;

24

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

(ix)

Details of building services. Air conditioning system

with position of fire dampers, mechanical ventilation

system, electrical services, boilers, gas pipes, etc. ;

(x)

Details of exits including provision of ramps, etc., for

hospitals and special risks ;

(xi)

Location of generator, transformer and switchgear

room ;

(xii)

Smoke exhauster system, if any ;

(xiii)

Details of fire alarm system network ;

(xiv)

Location of centralized control, connecting all fire

alarm systems, built-in-fire protection arrangements

and public address system, etc. ;

(xv)

Location and dimensions of static water storage tank

and pump room along with fire service inlets for

mobile pump and water storage tank ;

(xvi)

Location and details of fixed fire protection

installations such as sprinklers, wet risers, hose-reels,

drenchers, etc. ;

(xvii)

Location

and

details

of

first-aid

fire-fighting

equipment/installations ;

(xviii)

Features relating to accessibility for the elderly and

persons with disabilities, shall be in accordance with

Chapter 13 of Part 3 ‘Development Control Rules and

General Building Requirements’ of the National

Building Code, 2016 for the designated buildings and

areas ; and

(xix)

An undertaking stating that debris or construction

materials will not be stacked in public places leading

to public nuisance. If the Authority finds that the

applicant caused nuisance to public while executing

construction necessary fine be levied as per

notifications issued by the authority.

Stage 2: Building permit clearance.—After obtaining the

sanction for planning (Stage 1) from the Authority, a

complete set of structural plans, sections, details, design

calculations duly signed by engineer/structural engineer (see

Annexure A) along with the complete set of details duly

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

25

approved in Stage 1 and certificate of completed structural

design work (see Annexure J) shall be submitted. A copy of

the subsurface investigation report prepared and duly signed

by the geotechnical engineer shall also be submitted. The

building plans/details shall be deemed sanctioned for the

commencement of construction only after obtaining the

permit for Stage 2 from the Authority.

(d) Service Plan.—Details of private water supply, sewerage

disposal system, rain water harvesting system and details

of building services, where required by Authority,

shall be made available on a scale not less than

1:200/1//=16/-0// or Graphical scale rain water harvesting

system need to be indicated.

(e)

Specification.—General specification of the proposed

constructions including a detail calculation sheet of

FAR/FSI in the proposals.

(f)

Signing the plans.—All the plans and drawings shall be

duly signed by the owner and the Registered Technical

Person preparing the plan, who shall be registered with the

BPIA (please refer section CHAPTER 2:2.19 for details).

(g) Any other statement as may be required by the Authority.

(h) Ownership Document.—The applicant shall submit proof

of ownership of the land, on which construction is proposed

duly authenticated and verified by Revenue Authority

(Assistant Commissioner, Revenue/Tehsildar as prescribed

hereinafter).

(i)

Fees for permission.—Every applicant intending to

construct or reconstruct or alter any building or part of

building shall pay to the Authority, the various fees

prescribed by the Authority. The applicant shall keep the

proof of submission of fees in his/her records.

(j)

Withdrawal of application.—The applicant may withdraw

the application and plans any time prior to its sanction and

such action shall terminate all proceedings with respect to

such application but the fees paid shall in no case be

refunded.

26

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

(k) An undertaking shall be submitted along with the

documents that the applicant shall be liable for action as per

law

for

furnishing

wrong

information,

fake/fraud

documents or withheld any information having bearing for

grant

of

building

permission

(Appendix

“A-4”:

Undertaking for Payment of Other and Peripheral Charges).

Note:—It should be on non-judicial stamp paper of specified

amount attested by Notary Public/First Class Magistrate.

(l)

Appendix “A-5”: Affidavit-cum-Undertaking.

(m) The applicant shall also attach the documents of seismic

resilience duly signed by the Structural Engineer where the

land is situated in highly vulnerable zone and certificates

shall also be submitted in case the building having built up

area more than 500 Sq.m. or in case more than G+2

building.

(n) Standard Plan Permission.—Each authority shall keep a

set of approved standard building plans for plot sizes up to

150 Sq. m. In case the owner’s/applicants plot is situated in

approval layout, and he wishes to construct as per plans

available with the authority, he may apply to the authority

in the prescribed format indicating his choice of standard

approved plan along with requisite fees and his ownership

documents. The receipt of payment of fees to the authority

in such case shall be considered as authorized building

permission.

(o) In the case the applicant has fulfilled all the requisite

formalities and the Authority has not decided on the notice

of intent of the applicant within a maximum period of 60

days from the date of application, the permission shall be

deemed to have been accorded, provided the proposed

construction does not—

(i)

Violate the planned development of J&K UT as

envisaged by various departments and departmental

agencies such as Municipal Corporation/Council/

Committee, Development Authorities, Jal Shakti

Department, UEED etc. as applicable.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

27

(ii)

Violate zoning regulation under the Master Plan.

(iii) Violate the land use of the area.

(iv)

Violate the FAR and set back norms.

(v)

Come in alignment of green belt.

(vi)

Effect the easement right of the adjacent plot holder

and the title of the land is not subject matter of

dispute before any forum.

(p) Notice for alteration.—When the notice is only for an

alteration of the building, only such plans and statement as

may be necessary, shall accompany the notice.

No notice and building permit, is necessary for the

following alterations, which do not otherwise violate any

provisions

regarding

general

building

requirements,

structural stability and fire safety requirements of these

Bye-Laws:—

(i)

Plastering and patch repairs ;

(ii)

Re-roofing or renewals of roof including roof of

intermediate floors at the same height ;

(iii) Flooring and re-flooring ;

(iv)

Opening and closing of windows, ventilators and

doors not opening towards other’s properties and/or

public road/property ;

(v)

Replacing fallen bricks, stones, pillars, beams etc. ;

(vi)

Construction or re-construction of sunshade not

more than 75cms. in width within one’s land and

not overhanging over a public street ;

(vii) Construction or re-construction of parapet not more

than 1.5 m. in height and also construction or re-

construction of boundary wall as permissible under

these Bye-laws ;

28

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

(viii) White washing, painting, etc. including erection of

false ceiling in any floor at the permissible clear

height provided the false ceiling in no way can be

put to use as a loft etc. ;

(ix)

Reconstruction of portions of buildings damaged by

storm, rains, fire, earthquake or any other natural

calamity to the same extent and specification as

existed prior to the damage provided the use

conforms to provisions of Master Plan/Zonal Plan ;

(x)

Erection or re-erection of internal partitions

provided the same are within the purview of the

Bye-laws.

2.7

Procedure for obtaining a Revised Building Permit :

Changes or revisions in the sanctioned design and specification

of a building may be made provided that a Revised Building

Permit is obtained before construction is undertaken on the

portion of the building that deviates from the Sanctioned Design

and Specification. The changes shall be not more than 10% of

built-up area for consideration as Revised Building Permit, for

changes above 10%, a new application shall be made.

2.7.1

Notice/Application :

Application for Revising a Building Permit shall be made by the

owner of the plot on which the building is proposed in the format

(Appendix “A”: Form for Application to Erect, Re-Erect or to

make Material Alteration in any place in a building).

2.7.2

Scrutiny of Application :

The Building Permit Issuing Authority (BPIA) shall follow the

same procedure as that of issuing new Building Permit after

collecting the fees as prescribed by the Authority. If the revised

permit is applied during the execution of work of the building for

which the revised permit is applied, then construction of the

portion of the building for which revised permit is sought for,

shall not be commenced unless the revised permit is issued by

the Authority.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

29

2.8

Procedure for obtaining a Revalidated Building Permit :

2.8.1

Meaning of “Lapse of Building Permit” :

A Building Permit shall mean to have lapsed if a material fact,

based on which the Building Permit has been granted, no longer

holds true, regardless of whether the BPIA was informed of the

same or not. A lapsed Building Permit shall continue to remain

lapse till the procedural requirements specified for revalidation

of Building Permit in Building Bye-laws are met with. A

Building Permit shall lapse—

(a) If construction of the building is not executed and

completed within the period of three years for residential,

industrial and commercial buildings (4 storeyed) and four

years for multi-storeyed buildings from the date of Building

Permit.

(b) If the ownership of the plot changes after a Building Permit

has been granted as stipulated in Building Bye-laws.

(c) If at any time before obtaining the completion certificate

from the RTP, based on whose certification the Building

Permit was granted, ceases to be the Person on Record

(POR) for the building, either because the Person on Record

was relieved of his responsibility by the Owner, or because

the Person on Record relieves himself of responsibility by

informing the authority as stipulated in Building Bye-laws

and a substitute is not appointed in a period of 15 days.

Following lapse of a Building Permit, construction may no

longer be undertaken on the plot for which the Building

Permit was granted, until the procedural requirements

specified for revalidation of Building Permit are met with.

2.8.2

Meaning of “Revocation of Building Permit” :

Revocation of a Building Permit by the BPIA shall mean that the

Building Permit shall no longer be valid, and that the permission

granted by the BPIA to undertake construction stands

withdrawn.

Following revocation of a Building Permit, construction may no

longer be undertaken on the plot for which the Building Permit

was granted. A Notice of Revocation of a Building Permit shall

be issued in writing as per the format prepared by the BPIA.

30

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

2.8.3

Notice/Application :

Application for Revalidating a Lapsed Building Permit shall be

made by the owner of the plot on which building is proposed;

using the Format (Appendix “A-8” Form of Revalidation)

prescribed by the BPIA.

2.8.4

Scrutiny of Application :

The Building Permit Issuing Authority shall follow the same

procedure as that of issuing new Building Permit after collecting

the fees as prescribed by the Authority.

2.9

Procedure for obtaining a Building Use Permit :

2.9.1

Notice of Completion of Construction and Application for

Building Use Permit :

The owner shall be responsible for notifying the BPIA of

completion of construction, for certifying that the construction

complies with the sanctioned design and specifications, and for

applying for grant of a Building Use Permit. Notice of

Completion of Construction, compliance certification and

application for Building Use Permit shall be made in the format

prescribed by the Authority (Appendix “A-6” Building

Permit/Sanction) and shall be accompanied by documents and

drawings as prescribed by the Authority.

2.9.2

Final Inspection :

Following receipt of the Notice of Completion of Construction,

the authority shall undertake final inspection of construction for

ensuring compliance to sanctioned design and specifications.

The authority shall communicate the date and time of inspection

to the owner within 15 working days of receipt of Notice of

Completion of Construction. In case the BPIA does not

communicate decision to inspect construction within 15 working

days of receipt of Notice of Completion of Construction, the

Building Use Permit shall be deemed to have been granted by

the authority and sanctioned use may be made of the building.

If, on inspection, the authority is satisfied that the construction of

the building complies with the sanctioned design and

specifications, he shall grant a Building Use Permit and

sanctioned use may be made of the building.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

31

2.9.3

Communication of Queries :

If the construction is found not complying with sanctioned

design and specifications, the Authority shall communicate

queries regarding the construction and/or directions to ensure

compliance to the owner, within 7 working days of the date of

inspection. Failure to comply with directions, as may be issued

by the Authority may result in revocation of the Building Permit.

In case the Authority does not communicate queries regarding

the construction and/or directions to ensure compliance within

10 working days of the date of inspection, Building Use Permit

shall be deemed to have been granted by the BPIA and

sanctioned use of the building may be made.

2.9.4

Grant or Refusal of Building Use Permit :

If the BPIA is satisfied that the construction of the building

complies with the sanctioned design and specifications. The

BPIA shall grant a Building Use Permit and sanctioned use may

be made of the building. Reasons for refusal of Building Use

Permit shall be communicated to the applicant within 15

working days for self-use homes and 30 days for other buildings

by the Authority.

2.9.5

Procedure for Obtaining Permit to Change Sanctioned Use

of Building :

(a) Application : Application for obtaining Permit to Change

Sanctioned Use of Building shall be made by the owner of

the plot. The Authority shall determine drawings,

specifications and documents to be submitted along with

Application for Permit to Change Sanctioned Use of

Building.

(b) Fees for Obtaining Permit to Change Sanctioned Use of

Building : The fees and other charges for obtaining Permit

to Change Sanctioned Use of Building shall be as prescribed

by the BPIA Authority.

(c) Scrutiny of Application—

(i)

The BPIA shall undertake scrutiny of the

Application for Permit to Change Sanctioned Use of

Building and communicate to the applicant the date

and time for plot/spot inspection, if required within

15 working days of the date of acceptance of the

application.

32

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

(ii)

Lack of compliance with Building Bye-laws/

Regulations and the master plan and/or queries

pertaining to the application shall be communicated

within 21 working days of the date of acceptance of

the application.

(iii) Acceptance or rejection of compliant modifications

in the application and responses to queries shall be

communicated within 10 working days of receipt of

the modifications and responses.

(iv)

Acceptance or rejection of further compliant

modifications in the application and responses to

queries shall also be communicated within 10

working days of the receipt of modifications and

responses.

(d) Grant or Refusal of Permit to Change Sanctioned Use of

Building : A Permit to Change Sanctioned Use of Building

shall be issued to the applicant when the Authority is

satisfied that the proposed change of use of the building

complies with these Building Bye-laws/Regulations and the

Master Plan. Reasons for rejection of application shall be

communicated to the applicant for his/her satisfaction.

2.10 Fees for permission :

(a) No Notice shall be deemed valid unless the person giving

notice has paid the application fees for the time being in

force to the Authority and an attested copy of receipt of such

payment is attached with the notice.

(b) In case the authority after processing the application of

building permit, the building permission/development

permission fees shall be charged by Authority prior issuance

of such building/development permits.

(c) The fees for building permission will be prescribed by

Government/Urban

Local

Body/Urban

Development

Authority through notification.

2.11 Unauthorized Development :

In case of unauthorized development, the Authority shall take

suitable action, which may include demolition of unauthorized

works, sealing of premises, prosecution and criminal proceeding

against the offender in pursuance of relevant laws in force.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

33

2.12 Unauthorized use of Building :

(a) Use of any building or a part of a building, without a

Building Use Permit or in a manner that does not conform

toits sanctioned use or after a Building Use Permit has been

revoked, shall be deemed to be unauthorized use of

building.

(b) The BPIA may declare the use of any building to be an

unauthorized use if it is convinced that the building is

unsafe for habitation or if its use poses a danger to public

health or safety.

(c) Dealing with unauthorized use of building and unsafe

buildings—

(i)

If the BPIA deems the use of any building or part of

a building to be an unauthorized use of building.

(ii)

It shall, by a written notice, require the person

making unauthorized use of building to stop the

same forthwith.

(iii) If unauthorized use is not stopped, the Authority

may direct the person making such use to be

removed from the building and may cause such

necessary measures to be taken to ensure that the

person does not re-enter the building without

written permission of the BPIA Authority. The

cost(s) of undertaking these measures shall be paid

by the said person.

2.13 Duration of Sanction/Revalidation :

Once a building permit is sanctioned, it shall remain valid for

three years from the date of sanction for residential, industrial,

and commercial buildings (4 storeyed) and for a period of four

years from the date of sanction for high-rise and tall buildings.

However, the validity period of sanction in case of

additions/alterations in both the cases, shall be two years from

the date of sanction. The building permit shall be got revalidated

in the prescribed form before the expiry of this period on year-

to-year basis. Revalidation shall be subject to the Master

Plan/Zonal Plan regulation and Building Bye-laws, as in force,

for the area where construction has not started.

34

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

2.14 Responsibilities of owner and Registered Technical Person :

2.14.1 Responsibilities of Owner :

The owner shall—

(a) Be responsible for ensuring that the building compliances

with the Building Bye-laws, master plan/zonal development

plan.

(b) Shall make the application for a Building Permit.

(c) As prescribed appoint Registered Technical Person to

undertake third-party verification of the structural design

and specifications of the proposed building and, to verify

and certify that the design and specifications compliance

with these Building Bye-laws as prescribed.

(d) As prescribed, Appoint an Engineer/Architect on Record to

certify that the construction of the building has been

undertaken as per detailed design and specifications

stipulated by the R. T. P. and the Structural Engineer on

Record as per clause 2.19.

(e) Obtain a Building Permit prior to commencement of

building.

(f) Submit a Notice of Commencement of Construction,

Notices of Progress of Construction, and a Notice of

Completion of Construction to the Authority.

(g) Obtain a Building Use Permit prior to making use or to

occupying the building or a part of the building.

(h) Inform the BPIA in writing within 7 working days if for any

reason he ceases to be the owner of the plot for which the

Building Permit has been issued or granted, regardless of

whether building has commenced or not.

(i) Inform the Authority in writing within 7 working days if for

any reason, any of the Registered Technical Person

appointed by him has been relieved of their responsibilities.

(j) Ensure that no construction is undertaken during the period

that the Building Permit has lapsed or has been revoked.

(k) Submit Maintenance Certificates as required by Authority

from time to time.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

35

(l) No ownership of a plot or building shall be changed or

transferred by whatsoever means before issuance of Building

Use Permit except with prior permission of Authority. If the

ownership has been changed without prior permission of

Authority, the building permit issued by the BPIA shall be

deemed to have been revoked. This shall also apply to

building under construction. The Authority shall charge the

fee it deems fit for change of ownership. However, the

Authority may on application by prospective owner, issue

Building Use Permit subject to payment of penalty of

Rs. 5000/- if it is satisfied that the building is in conformity

with the design and specifications as approved by the BPIA

Authority.

2.14.2 Revocation of Building Permit and Penal Actions in case of

misrepresentation :

(a) The BPIA may revoke a Building Permit if—

(i)

It determines that false statements were made, or

material facts were misrepresented for obtaining the

Building Permit.

(ii) At any time before obtaining the completion

certificate, the Registered Technical Person based on

whose certification the building construction is

carried out is de-listed by the Authority.

(b) Penal action against defaulting Architects/Engineers/

Groups/Supervisors—

(i)

The Authority reserves the right to take action and

to debar/blacklist Registered Technical Person if

found to have deviated from norms and regulations,

professionally indulged in misrepresentation of any

material fact or in supervision of the construction

against the Building Bye-laws and the sanctioned

building plans.

(ii)

If the BPIA finds at any time any violation of the

Building

Bye-laws/Regulations/master

plan

or

misrepresentation of fact, or construction at variance

with the sanction or Building Bye-laws, inclusive of

36

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

the prescribed documents, the Authority shall be

entitled to revoke the sanction and take appropriate

action against such professionals who shall not be

authorized to submit fresh plans till finalization of

the case. Before debarring or blacklisting such a

professional found to be indulging in professional

misconduct or where she/he has misrepresented any

material fact, the Authority shall give him/her a

show cause notice with a personal hearing and pass

a speaking order to debar her/him with full

justification for the same. An appeal against order

shall lie with the appellate authority i. e., J&K

Special Tribunal.

(iii) Penalties : Procedures for ascertaining whether a

Registered

Technical

Person

has

failed

in

discharging his responsibilities in the context of

these Building Bye-laws/Regulations and the master

plan shall be determined by the BPIA Authority etc.

Penalties for failing to discharge responsibilities

shall also be determined by the Authority.

(c) Penalties to be levied for violations in process for obtaining

building permit as per provisions of the Bye-laws—

(i)

The Authority under provisions of the J&K

Development Act, 1970, the J&K Municipal

Corporation Act, 2000, J&K Municipal Act, 2000

and shall take penal action for violation of Master

Plan/Zoning Regulations or Bye-laws which may

include

stoppage

of

construction

activity,

demolition/alternation and in paying fine and by

imposing penalties.

(ii) Should any dispute arise about the interpretation of

any definitions or provisions of these rules, the

decision of the BPIA shall be final. However,

aggrieved persons may appeal to the appellate

authority against such decisions and the decisions of

the appellate authority shall be final and binding to

all concerned.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

37

(iii) Should at any time the Authority decide that certain

provisions of these rules require change or

suspension in certain areas for a comprehensive

development of the area, the same can be made by

the Authority with prior approval of the Govt.

(iv) Any person who contravenes any of the provisions

of these Bye-laws or interferes or obstructs any

person in discharging his legitimate duties which

shall include to conduct inspection of the work at

various stages and authorized in writing in this

behalf by competent shall be liable to pay a penalty

of Rs. 10,000/-.

(v) Any person who makes any building/structure

functional on its completion without ‘Building Use

Certificate’ as provided in bye-rule 2.9 (2.9.1), shall

be liable to pay a penalty of Rs. Minimum 10,000/-

and maximum Rs. one lac. The persons who without

express permission provides utility service shall also

be liable to pay a penalty of Rs. 10,000/-.

2.14.3 Disputes regarding Interpretation of provisions of Bye-laws :

In case of any dispute arising regarding the interpretation of any

of the provisions of these Bye-laws the matter shall be referred

to Government for a decision. Any action taken under any

law/regulations on the subject before the enforcement of these

Bye-laws shall not be questioned.

2.15 Procedure for Building Permission of Residential Use

Building :

Table 2—1: Procedure for Building Permission of Residential Use

Building

S. No.

For Plots in Government

Colonies

For Other Plots

Step 1 • Preparation of buildings plans from Registered Technical

Person (List given in Section CHAPTER 2: 2.19) (By the

applicant)

38

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

S. No.

For Plots in Government

Colonies

For Other Plots

Step 2 • A ‘provisional permit’ may

be issued by the Registered

Technical Person or any other

designated Technical person

as notified.

• The provisional permit will

be issued by the Registered

Technical

Person

in

the

prescribed

format

as

prescribed by the Authority

based strictly on the approved

Master plans/Building Bye-

laws/ Building Code in vogue

and other norms as applicable

with land title duly attested

by the Concerned Agency.

• The Registered Technical

Person

will

submit

the

provisional permits to BPIA

in the prescribed format as

prescribed by the Authority,

with undertakings through its

nodal person in 3 days after

the

issuance

of

the

provisional permit along with

the types of fees applicable.

• The Registered Technical

Person will certify that the

site

is

clear

from

any

provisions related to water

supply, electric lines, sewers

and drains, water bodies as

prescribed

in the Master

Plan/Building

Bye-laws/

Building

Code/applicable

norms.

• The

applicant

will

submit

the

Building

Permit

Application

online in the prescribed

format as prescribed by

the Authority. The plans

will be submitted in the

prescribed

format

attested

by

the

Registered

Technical

Person

with

the

undertakings as required

that the application is

based

on

approved

Master

plans/Building

Bye-laws/

Building

Code in vogue and other

norms

as

applicable

with land title duly

attested by designated

revenue authority.

• After an application for

erection, re-erection or

alteration of a building

has been received, the

designated person shall

immediately forward a

copy of the plans to

relevant agencies for

their clearance with or

without condition.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

39

S. No.

For Plots in Government

Colonies

For Other Plots

Step 3 Scrutiny of Application

Step-

3.1

After an application for erection, re-erection or alteration of a

building has been received, the designated person shall

immediately forward a copy of the plans to respective agencies

for clearance. The timelines for approval are described in

section 2.17.

Step-

3.2

The Building Permit Issuing

Authority will vet the building

permit in 15 working days or

return it to RTP with comments.

The BPIA Authority shall

give

clearance

in

one

month positively. In case

the

NOC

is

refused,

reasons

for

doing

be

conveyed in writing. In the

case of High Rise and Tall

Buildings the approval may

take 2 months because of 2

step process described in

2.6 (2.6.5).

Step 4 Notification to the applicant in case of deficiency in the

submitted information shall be given within 5 days from

Step 3.

Step 5 The designated person will issue

the building permit based on the

undertaking of RTP at Step-3.

The construction can be started

by the applicant after the vetting

of

the

building

permit

by

Building

Permit

Issuing

Authority or after 30 days from

the

date

of

submission

of

provisional building permit by

the

Registered

Technical

Person to the Building Permit

Issuing Authority through the

notified nodal person.

The BPIA Authority may

issue

permit,

with

modification or refuse the

permission. The applicant

will submit all types of fees

as applicable before the

issuance of permit.

40

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

2.16 Procedure for Building Permission of Non-Residential Use

Building :

Table 2—2: Procedure for Building Permission of Non-Residential

Use Building

S. No. All Non-Residential Buildings High Rise/Tall Building/

Special Buildings

Step 1 Preparation of buildings plans from Registered Technical

Person (List given in Section Chapter 2: 2.19) (By the

applicant).

Step 2 Scrutiny of Application.

Step-

2.1

After an application for erection, re-erection or alteration of a

building has been received, the designated person shall

immediately forward a copy of the plans to respective agencies

for clearance. The tentative timelines for approval are described

in section 2.17.

Step-

2.2

BPIA shall give clearance in

one month. In case the NOC is

refused, reasons for doing be

conveyed in writing.

The BPIA Authority shall

give clearance in two months

positively. In case the NOC is

refused, reasons for doing be

conveyed in writing. Please

refer the 2-step process for

submission

of

required

drawings as described in

section 2.6.5 (c).

Step 3 Notification to the applicant in case of deficiency in the

submitted information shall be given within 5 days from Step 2.

Step 4 The

BPIA

may

issue

permit/issue

permit

with

modification/refuse

the

permission within one month

from the date of receipt of

application.

The

BPIA

may

issue

permit/issue

permit

with

modification/refuse

the

permission

within

two

months from the date of

receipt of application.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

41

2.17

Timelines for clearance from various agencies :

Recognizing the concern for streamlining the procedures for

clearances to be obtained from various departments in least

possible number of procedures and number of days, in this model

is given ensuring that the entire process of pre-construction

approvals should be completed within one/two months:

Table 2—3: Timelines for clearance from various agencies

S.

No.

Type of approval

Approving

Authority

Stage of

project

Duration

(Days)

1

2

3

4

5

A

Intimation of

Disapproval (IoD)

Municipal Authority Pre-

construction

7

B

Site and Building

Layout approval

Municipal Authority Pre-

construction

7

C

Internal NOCs

(Part of OBPS)

PDD, PWD, PHE,

Town Planning,

Sewerage and

Drainage

Pre-

construction

15

D

External NOCs

Fire-Fighting

Scheme

(for High Rise and

Tall Buildings)

Fire Department

Pre-

construction

15

Ancient Monument

Approval

Archaeological

Survey of India

(ASI) and JK

Archaeology/

Heritage

Preservation Act

Environment

Clearance

Ministry of

Environment, Forest

and Climate Change

Pre-

construction

Bore-well

Registration

Certificate

Central Ground

Water

Authority

Pre-

construction

AAI Height NOC

Civil Aviation

Department

Pre-

construction

42

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

1

2

3

4

5

Pollution Clearance

State Pollution

Control Board

During

construction

Defence

Clearance

Ministry of

Defence

Pre-

construction

E

Building Permit

Issue (All NOCs)

Municipal Authority Pre-

construction

30 (60

days for

High Rise

and Tall

buildings)

F

Construction

Complete

Construction Time

depends on the

project Scale and

Size

G

Building Use

Certificate

Municipal Authority Post

construction

15 days

for self-

use homes

and 30

days for

other

buildings.

2.18 No Objection Certificates required for Building Permission :

1.

Title Verification: NOC from the Revenue Department shall

be required for plots other than Govt. Colonies and will be

integrated into OBPS.

2.

Fire and Emergency Services: NOC shall be required for

Assembly and Intensive Commercial and Residential Use

Buildings which inter alia includes R3, C3, C4, C5, PSP1,

PSP2, PSP3 and PSP4 or as notified by the ULB/ULA.

Note:—The NOCs’ from other departments like PDD, PWD,

PHE, Town Planning, Sewerage and Drainage shall be

integrated within OBPS for the concerned Local Bodies

and Authorities.

2.19 Qualifications for Registered Technical Persons :

a) Minimum Qualifications and Competence Requirements :—

The authority shall empanel Town Planners, Architects, Civil

Engineers, Structural Engineers, Geotechnical Engineers,

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

43

Urban Designers, Landscape Architects, Electric Engineers as

Town Planners on Record, Architects on Record (AoR),

Engineers on Record (EoR), Structural Engineers on Record

(SEOR), Geotechnical Engineers on Record (GTEoR), Urban

Designers on Record (UDoR), Landscape Architects on

Record (LAoR), Electric Engineers on Record (EEoR),

Surveyor 1 and Surveyor II etc. respectively. Applications for

listing should be made in the format prescribed by the BPIA

Authority from time to time etc. The UT may also create a

statutory board or committee for the accreditation of the

professionals.

The BPIA Authority shall determine minimum qualifications

and competence requirements for being considered for listing

as Persons on Record from time to time.

Table 2—4: Minimum Qualifications and Competence

Requirements

S.

No.

Professional

Qualification

Competence/Functions

1

2

3

4

1

Architect on

Record

(AoR)

A technical person

having

valid

registration of the

Council

of

Architecture.

The registered Architect shall

be competent to carry out the

work

related

to

the

building/development permit

as given below:—

a) Prepare and sign all plans,

sub-divisions/layout plans

and

information

connected with building

permit/licence

except

engineering services of

multi-storeyed/special

buildings

along

with

supervision.

b) Issue

Provisional

Permission up to the plot

size prescribed in these

Bye-laws or prescribed in

the

relevant

orders/

notifications.

44

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

1

2

3

4

c) Issuing

certificate

of

supervision

and

completion

of

all

buildings pertaining to

architectural aspects.

2

Engineer on

Record (EoR)

Graduate in civil

engineering from

recognized Indian

or

foreign

university

as

recognised

by

AICTE

and

registered

with

valid membership

(Civil)

of

the

Institution

of

Engineers, India.

The registered engineer shall

be competent to carry out the

work related to the building/

development permit as given

below:—

a) Prepare

and

sign

structural drawings and

service

plans

and

information

connected

with building permit.

b) Preparation of structural

drawings,

details,

and

calculations of buildings

on plot up to 500 m2 and

up to 5 storeys or 16 m in

height, all service plans

and related information

connected with develop-

ment permit of area up to

1 hectare for metro-cities

and 2 hectares for other

places.

c) Issuing

certificate

of

supervision for develop-

ment of area up to 1

hectare (for metro and

Class-I

cities)

and

2

hectares for other places

pertaining

to

building

layout, building structure,

civil works, and service

installations.

d) Issuing

certificate

of

supervision and complet-

ion

of

all

buildings

including structure and

building services.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

45

1

2

3

4

3

Structural

Engineer on

Record

(SEoR)

Postgraduate

in

Structural

Engineering from

recognized Indian

or

foreign

university

as

recognised

by

AICTE

and

Corporate

Member (Civil) of

Institution

of

Engineers (India),

minimum 3 years’

experience

in

structural

engineering

practice

with

designing

and

field work.

Note:—In

case

of

doctorate

in

structural

engineering,

the

experience

required would be

one year.

The

registered

structural

engineer shall be competent

to

prepare

the

structural

design,

calculations

and

details for all buildings and

undertake their supervision.

4

Town Planner

on

Record

(TPoR)

Graduate or Post-

graduate degree in

Town

Planning/

Urban Planning or

related

field

or

equivalent degree

as recognised by

AICTE

and

registered

with

valid membership

of the Institute of

Town

Planners,

India.

The registered town planner

shall be competent to carry

out the work related to the

development permit as given

below:—

a) Preparation of plans for

land

sub-division/layout

and related information

connected

with

development permit for

all areas.

b) Issuing of certificate of

supervision for develop-

ment of land of all areas.

46

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

1

2

3

4

Note:—However, for land

layouts

for

development

permit above 5 hectares in

area, landscape architect shall

also be associated, and for

land

development

infra-

structural services for roads,

water

supplies,

sewerage/

drainage, electrification, etc.

the registered engineers for

utility

services

shall

be

associated.

5

Landscape

Architect on

Record

(LAoR)

Bachelor

or

Master’s degree in

landscape

architecture from

recognized Indian

or

foreign

university.

The

registered

landscape

architect shall be competent

to carry out the work-related

to

landscape

design

for

building/development permit

for land areas 5 hectare and

above. In case of metro and

class I cities, this limit of

land area shall be 2 hectare

and above.

Note:—For

smaller

areas

below the limits indicated

above,

association

of

landscape architect may also

be considered from the point

of view of desired landscape

development.

6

Urban

Designer on

Record

(UDoR)

Master’s degree in

Urban design or

equivalent

from

recognized Indian

or

foreign

university.

The registered urban designer

shall be competent to carry

out the work related to the

building permit for urban

design for land areas more

than 5 hectare. She/he shall

also be competent to carry

out

the

work

of

urban

renewal for all areas.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

47

1

2

3

4

Note:—For

smaller

areas

below the limits indicated

above, association of urban

designer may be considered

from the point of view of

desired urban design.

7

Surveyor—I

Three Years

Diploma in

Architecture

Assistantship

The registered Surveyor-I

shall be competent to carry

out the work related to the

building permit as given

below:—

Prepare and sign plans

• For residential: Up to 1

Kanal Plot

(3 storeyed

building)

• For Commercial: Up to 10

Marlas

Plot (3

storeyed

building)

8

Surveyor—II Two years drafts-

manship in Civil

The registered Surveyor-II

shall be competent to carry

out the work related to the

buildings as given below:—

Prepare and sign plans

For residential: Up to 10

Marlas Plot

(2 storeyed

building)

For Commercial: Up to 7

Marlas

Plot (2

storeyed

building)

48

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

1

2

3

4

9

Supervisor on

Record (SoR)

Diploma in civil

engineering from

recognised

institute with 2

yrs.

working

experience

or

Civil

draftsman-

ship from ITI with

5 years’ experi-

ence

under

a

qualified

Architect/Civil

Engineer

for

building

construction

and

supervision.

The

registered

supervisor

shall be competent to carry

out the work related to the

building permit as given

below:—

All

plans

and

related

information connected with

building

permit

for

residential buildings on plot

up to 100 m2 and up to two

storeys or 7.5 m in height ;

and

Issuing

certificate

of

supervision for buildings as

above.

10

Plumber

on

Record (PoR)

ITI in Plumbing,

with

minimum

2 yrs. experience

of execution of

sanitary

and

plumbing

works

under any Govern-

ment Department/

local body or a

qualified

Architect/

Engineer

knowledge

of

working drawings

and dimensioned

sketches.

A

plumber

shall

be

competent

to

do

the

following jobs:—

a. Execution/supervision of

sanitary works up to 500

Sq.m.

plot

size

and

4

storeyed buildings.

11

Electrician on

Record

(EloR)

ITI in Electrical,

with minimum

2yrs experience of

execution of

electrical works

under any

government

department/local

body or a

An

electrician

shall

be

competent

to

do

the

following jobs:—

a. Execution/supervision of

Electrical works up to 500

Sq. m. plot size and 4

storeyed buildings.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

49

1

2

3

4

qualified

Architect/

Engineer

knowledge of

working drawings

and dimensioned

sketches.

12

Fire

Consultant on

Record

(FCoR)

As prescribed by Chief Fire Officer, Town/City

Fire service

b) Listing Fee and Security Deposit :

Listing Fee and Security Deposit for listing, as Persons on

Record with the BPIA shall be determined by the Authority and

notified by the Housing and Urban Development Department.

CHAPTER 3

STREAMLINIING OF BUILDING PLAN APPROVALS

3.1

Clearances at Master Plan level :

Individual construction proposals should not generally require

separate clearances from various authorities each time. Such

clearances should be integrated into the DCR of the

Master/Development Plan of the concerned city. The areas

unaffected by any of the restrictions should be clearly marked out

and mapped on a GIS platform. Area zones of differential control

regulations (within the city) by any of these agencies may also be

mapped accordingly. This will result in a composite map of the

city with various control regulations as per the various agencies

clearly marked on the map. Thus, the sites which are located

outside these restricted/regulated areas would not require clearance

from the respective authorities, thereby reducing the clearance

50

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

process significantly. Following are the clearances which should

be integrated into the city Master Plan:—

Table 3—1: Minimum Clearances from various agencies proposed

to be integrated in Master Plans

S.

No.

Name of Agency

Type of

Clearance

Area of Influence

1

National

Monuments

Authority

through Local

BPIA

Ancient

Monument

approval

As prescribed in the AMASAR

(Amendment and Validation)

Act, 2010 for protection of

monuments.

And

J&K

Archaeology/Heritage

Preservation Act

2

Ministry of

Environment,

Forest

and

Climate Change

Environment

Clearance

(EC)

As prescribed in the statutory

provisions

for

EIA

and

clearance based on the size of

the project in accordance with

Environment Protection Act,

1986

3

Central Ground

Water Authority

through Local

BPIA

Bore-well

Registration

Certificate

As per Guidelines/criteria for

evaluation of proposals/requests

for Ground Water Abstraction,

2012

4

Ministry of Civil

Aviation

AAI Height.

NOC

Critical and non-critical area as

identified by AAI

5

Ministry of

Defence

Defence

Clearance

Areas in and around Defence

Establishments as identified by

MoD.

6

Ministry of

Railways

Area

Clearance

Buffer zones as prescribed by

Railways along the Rail tracks/

depots/yards etc.

3.2

Options for reducing the timelines for approvals :

The above suggested steps are only indicative, however, there is

scope for streamlining the procedures for clearances to be

obtained from various departments in the least possible number

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

51

of procedures and number of days. Some of the options which

can reduce the time taken for various procedures are:—

a) Online sanctions : ULBs/Development Authorities have

introduced online sanction for issuing building plan and

completion certificate. The process involves use of software

tools for scrutiny of building plans. All the documents are

required to be submitted electronically using a portal. In case

the building plans do not conform to the DCR the deviations

are listed out in form of a report and intimated to the

applicant/engaged Competent Professional for building plan

design, vide an online ID in his account.

b) Empowering

Professionals :

Empowering

Competent

Professionals as prescribed for building plan design will

facilitate to streamline the procedure for obtaining approvals.

The urban local body or urban local authority or by the

Housing and Urban Development of the UT of J&K shall

empanel such professionals based on their qualifications and

track record. The empowered professionals can, also on

behalf of developers/builders submit the documents required

at the time of various clearances. This has been

comprehensively defined in the Chapter 2.

c) Creating a Cell in ULBs : There is a need for creating a

specialized cell in ULBs and UDAs which is manned by

qualified personnel conversant with the procedures and the

interpretation of development regulations. The cell should be

headed by a qualified Town Planner who should inter alia

lead a team of Architects, Engineers, Environment Specialist

and Legal Experts among others. The cell should have the

dedicated provision for online submissions and conveying

the online approvals as well. This will require robust

software and hardware system capable of handling large

digital files.

d) Single Window System : All agencies involved in the

process need to be integrated in a single electronic facility

with proper coordination and monitoring of timelines. The

52

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

Municipal

Corporation/Council/Committee

needs

to

constitute teams comprising of experts from various agencies

to be formed under the overall supervision of a Town

Planner designated to assist developers/builders with

complex projects and to constantly improve the sanction

process by cutting down delays.

e) Integration of agencies outside the ULBs for online

clearances : Various agencies like AAI, NMA, SUAC, Fire

Services, Department of Industries, Ministry of Defence, etc.

grant NOC clearance to the building plans in certain specific

cases. This may be streamlined for Ease of Doing Business

by following 2 directions as given below:—

i.

Building permission for specific areas/sizes are to be

examined by the external agencies. These areas should

be plotted on GIS based colour-coded map which may

be made available in the public domain on the agency’s

website, with clearly identified coordinates so that

building falling only in these areas need to approach the

concerned agencies for obtaining clearances. These maps

may also be made available on the website of the

concerned municipal bodies.

ii.

The external agencies also need to develop online

clearance/NOC application systems which should

suitably be integrated with the online building approval

systems of the municipal bodies. The two systems

should be so compatible that the building plans

submitted to the local bodies may after scrutinizing with

colour-coded zoning maps shall be e-transmitted to the

external agencies. The agency concerned should give

clearance within a period of maximum of 10 days with

no requirement of applicant to physically visit the offices

of the agencies. The NOC may again be e-transmitted to

the concerned local body on the building permission

system so that the ULB shall use those for final

approval.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

53

3.3

Development of an IT enabled team to operate the Building

Permission Online :

a) The IT person shall be able to analyse and identify the issues

regarding the building permit in the existing system as well as

for the system of Single Window Clearance to be adopted in

the future.

b) The IT team shall enable a preview selection mode so that the

applicants after submitting all the documents can preview it

before final submission in the existing online system.

c) The IT team shall also add the total time-frame for clearance

at each step in the existing online system dashboard.

d) The IT person shall coordinate with various departments

which issues NOCs and shall also identify the total time

required in issuing it.

e) Various issues in cross verifying the uploaded documents for

e. g. uploading of digital signature, online payments,

inspection etc. shall be listed in order to improve the existing

online approval system as well as for shifting to the automated

building approvals in the future.

f) The physical submission of building permit documents shall

be removed by introduction of Pre-DCR software to the

applicants.

g) The IT team shall enable online tracking system of NOCs if

applicable through the existing online system for the

applicants.

h) The IT team shall provide a Pre-DCR formatted software to

the consultants (Architects/Engineers/Draftsman etc.) till the

time automated building approval system is not introduced.

i) The IT team shall issue an applicant no. through which if an

applicant uploads the requisite documents thereafter after

verification by the IT team can download the Occupancy

Certificate.

3.4

Other Suggestions to enhance Ease of Doing Business :

Some other suggestions, regarding Fast Track construction

permits are—

a) Citizens’ Charter :

A Citizens’ charter lists out the timelines and upper limits of

time for the delivery of citizen services of the organization.

54

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

The objective of issuing the charter is to improve the quality

of public service in terms of timely delivery. Such charters

should be brought out by all municipalities to maintain high

standards of accountability and transparency. The standards of

service to be provided, the maximum number of days required

for building approvals and the standards procedures should be

listed out in the citizens’ charter. Some states have gone a step

further and introduced a Citizen Service Delivery Guarantee

Act whereby the timelines prescribed by a citizen charter are

made statutory and binding on officials.

b) Capacity Building :

Capacity building measures are to be adopted for such

functionaries to identify Training Needs (TNA) and other

technical requirement of duties that they are required to

discharge. Fresh recruitments commensurate to the technical

qualification/experience are to be made by the UT, if there is

complete absence of the technical expertise needed for the

said services.

c) Empowered Committees :

The Authorities may also consider constituting ‘Empowered

Committees’ or ‘Peer Expert Groups’ for undertaking scrutiny

and approval. This committee can be manned as per the

requirement and area of more than one municipality can be

put under its jurisdiction. This has special significance for tall

buildings.

d) Simplification of Bye-laws :

The Building Bye-laws have been simplified for easy

comprehension of lay person as well as professionals involved

in developmental activities. The simplification process should

also include the process of application, the filling up of forms

and streamlining the process of application.

CHAPTER 4

PROCEDURE DURING CONSTRUCTION

4.1

Right to Inspect Construction :

4.1.1

Right to inspect construction at any time :

a) All buildings for which Building Permit is issued are subject

to inspection by the concerned officer and the authority

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

55

reserves the right to inspect such buildings at any time

during the period of construction without giving prior notice

of its intention to do so. Owner of the plot and/or any person

undertaking construction shall permit authorized officers of

the ULB/ULA to enter the plot and inspect the building for

the purpose of enforcing these Building Bye-laws.

b) The structural design, constructional standard etc.; of all

high-rise and tall buildings are required to be supervised

during construction at three stages at (1) foundation, (2)

plinth stage/ground floor and (3) upper floor/roofing stage in

the manner described below :

c) The individual/promoter is required to get his construction

checked at above mentioned three stages of construction by

the Authority. Necessary certificate in the format prescribed

by the Authority shall be submitted to the BPIA at each stage

before proceeding with next stage of construction. Next

stage of construction shall not be proceeded with unless

certificate of completion of preceding stage is examined and

cleared by Authority. The clearance through “Go-ahead

Certificate” at each sage shall be issued by Authority within

seven working days from the date of receipt of completion

certificate at each stage. Failure to comply with this

provision shall be deemed that the building permission has

been revoked.

4.1.2

Information to be prominently displayed on Site :

It shall be the responsibility of the owner to erect a notice board

on the plot displaying key information pertaining to the building

within 15 working days of issue of Building Permit. The notice

board should be prominently visible, easily readable and should

be located next to the primary access to the plot. The notice

board/s should be maintained for the entire Period of

Construction up to issue or grant of Building Use Permit. Failure

to comply with this Building Bye-law may result in revocation of

the Building Permit.

4.1.3

Documents and Drawings to be maintained on Site :

It shall be the responsibility of the owner for the building to keep

all the documents and drawings approved on the site, at all times

56

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

after issuing Notice of Commencement of Construction to the

Authority up to the issue or grant of Building Use Permit. These

documents should be made available to any authorized officer of

the Authority inspecting the site for the purpose of enforcing

these Building Bye-laws. Failure to comply with this Building

Bye-laws may result in revocation of the Building Permit.

4.1.4

Reducing Inconvenience and Ensuring Safety during

Construction :

It shall be the responsibility of the owner to certify that no

building material, building equipment or building debris is

stacked, stored, left or disposed of outside the plot for which

Building Permit has been granted, on any public street or space.

Failure to comply with this Building Bye-law may warrant

penalties on the owner of the plot. The levy of penalties shall be

notified separately.

4.1.5

Barricading the Plot during Period of Construction :

It shall be the responsibility of the owner to ensure that plot on

which construction is being undertaken, is adequately

barricaded. Specifications for barricading the plot shall be

adhered to strictly. Failure to comply with this Building

Bye-laws may warrant penalties on the owner of the plot for not

providing adequate barricading of the plot during Period of

Construction.

4.1.6

No Damage or Undue Inconvenience during Construction :

a) It shall be the responsibility of the owner to undertake all

necessary measures to ensure that no damage is caused to

adjoining properties due to construction.

b) It shall also be the responsibility of the owner to undertake

all

necessary

measures

to

ensure

that

no

undue

inconvenience is caused to the public, due to factors such as

noise, dust, smell or vibrations.

c) It shall also be the responsibility of the owner to undertake

all necessary measures to ensure that traffic is not disrupted

due to construction.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

57

d) It shall be the responsibility of the owner to carry out all

instructions given in writing by authorized officers of the

Authority as the case may be to ensure public safety and

reduce inconvenience.

e) Failure to comply with this Building Bye-law may warrant

penalty as prescribed by Authority for violation of any of the

sub-rule. However, before levy of penalty, an opportunity of

being heard shall be provided to owner of the plot.

4.1.7

BPIA Not Liable for Ensuring Safety during Construction :

The owner shall be responsible for ensuring that all necessary

measures for safety for all are taken on site. Grant of Building

Permit, Permit to Use Abutting Street for Construction, grant of

Building Use Permit for part of a building, or issuing of any

instructions to ensure public safety or reduce inconvenience,

does not render the Authority liable for any injury, damage or

loss whatsoever that may be caused to any one in or around the

area during the Period of Construction. In all such cases owner

shall be wholly and solely responsible.

4.1.8

Notice for Commencement of Construction :

The owner of the building shall notify the Authority of his

intention to commence construction at least 7 days prior to

commencing construction by filing a Notice of Commencement

of Construction in the format prescribed by the Authority. This

shall not be applicable to self-use homes.

4.1.9

Authority to be notified of Progress of Construction:

The owner shall be responsible for notifying the BPIA of the

progress of construction. Notices of Progress of Construction

shall be made in the format prescribed by the Authority.

4.1.10 Permit to Proceed with Construction Required :

No construction shall be undertaken after filing Notice of

Progress of Construction. A Permit to Proceed with

Construction from the Authority is required to undertake further

work. Permit to Proceed with Construction shall be issued in the

format prescribed by the Authority. Application for grant of

Permit to Proceed with Construction shall be made in the format

prescribed along with Notice of Progress of Construction.

58

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

4.1.11 Grant or Refusal of Permit to Proceed with Construction :

a)

The Authority may undertake inspection of construction

for compliance to sanctioned design and specifications. In

the case that the Authority decides to inspect site of

construction, it shall communicate the date and time of

inspection to the owner of the building within 5 working

days of receipt of Notice of Progress of Construction.

b)

In case BPIA does not communicate decision to inspect

construction site within 5 working days of receipt of

Notice of Permit to Proceed with Construction shall be

deemed to have been granted by the Authority unless

otherwise communicated, and construction may be

undertaken on the site for building.

c)

If the Authority undertakes inspection and is satisfied that

the construction of the building complies with the

sanctioned design and specifications, it shall grant a

Permit to Proceed with Construction and further

construction may be undertaken on the building.

d)

If the construction is found not to comply with sanctioned

design and specifications, it shall communicate queries

regarding the construction and/or directions to ensure

compliance to the owner within 5 working days of the date

of inspection. The owner shall be responsible for ensuring

compliance to such directions as may be issued. Failure to

comply with directions, as may be issued by the Authority

may result in revocation of the Building Permit.

e)

In case BPIA does not communicate queries regarding the

construction and/or directions to ensure compliance within

7 working days of the date of inspection, Permit to

Proceed with Construction shall be deemed to have been

granted and the construction may be undertaken on the

building.

f)

The owner shall respond to queries and notify the

Authority of having undertaken compliant modifications.

If the Authority is satisfied that the construction of the

building complies with the sanctioned design and

specifications, it shall grant a Permit to Proceed with

Construction and further construction may be undertaken

on the building.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

59

4.1.12 Offences and Penalties :

Penalties for not complying with Building Bye-laws/Regulations

shall be stipulated by the BPIA. Failure to notify the BPIA

before commencing construction may result in levy of penalty,

which shall be decided by the BPIA.

The BPIA may also levy the penalties on defaulting officials for

deviating from prescribed timelines for clearance from the

agencies. The penalties for the delay will be notified separately.

CHAPTER 5

DEVELOPMENT CONTROL/ZONING REGULATIONS

5.1

Land-Use Zoning :

5.1.1

Land Use and Uses Permitted :

The proposed land use Plan in the respective Master Plans/Zonal

Development Plans should be referred for the land use of a given

land parcel.

All the towns should have a master plan and in case of towns not

having even the draft master plans, towns should have a coarse

land use plan which will be called a structure plan. The structure

plan will also delineate the core area of all towns/

municipalities/area of council.

5.1.2

Proposed Zoning :

Table No. 5—1 Proposed Zoning

Sr.

No.

Code

Description of Uses in the reference code

1

2

3

Residential (R)

1.

R1

Detached Dwelling units, Semi-Detached Dwelling

units, RoW Houses, Common Places (such as

community Parks), Convenience Shop (Single shop),

Meditation/ Yoga Centre.

2.

R2

Low Rise Apartments, Farm House, Cottage industries

(not involving the use of or installation of any kind and

which create noise, vibration, fume, dust etc. and shall

60

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

1

2

3

not be permitted in tenement dwellings, flats, playfield,

garden), Gyms, Orphanages, Old-age Home, Paying

Guest House, Part Portion of Residential Building for

Office use by Professionals such as Advocates, Doctors,

Architects, Engineers, CA, Hostel, Dharmshala, Single

Room Occupancy, Pre-School, Boarding and Lodging

(accommodation for transit employees of Govt./Local

bodies), Medical and Pet clinics, Dispensary, plant

nursery, Library, Common Places (such as community

Parks), Convenience Shop (Single shop), Religious

structures, Atta Chakki.

3.

R3

Group Housing, Flats/High Rise Apartments, Affordable

Housing,

Cottage

Industries,

Plotted

Residential

Development, Residential flat, Common Places (such as

community Parks), Multi-level Parking.

Commercial (C) :

4.

C1

Retail Shops (such as Bakery/Confectionary items,

Grocery/General store, Dairy products, stationary,

books, Gifts/Book binding, Cyber cafe/Phone booth,

LPG

booking

office/LPG

showroom

excluding

cylinders, Laundry/Dry cleaning/Ironing shops, Sweet

shops, Pan shops, Tea/Coffee shops, Chemist/Medicine

shops, Optical shops, Home Appliances/Electronic

repair shops, Photo studio, Cable/DTH office, Cycle

Repairs shops, Ration and kerosene distribution shops,

Vegetables/Fruits/Flowers/Mutton shops/Poultry stalls,

Photocopy/FAX/STD PCO, Computer Service centres,

Hair

cutting

saloons/Beauty

Parlour,

Tailor

shop/Boutique, Newspaper shops, Ticket Booking shops,

ATM, Eateries shops excluding sitting provisions,

Audio-video libraries, Mobile phone shops, courier),

Retail Clusters/Shopping clusters, Common Places (such

as community Parks), clinic, Pet Clinic, Vet Clinic,

offices of professionals (like advocates, doctors,

architects, engineers, chartered accountant, town planner

etc.), power looms up to 2HP.

5.

C2

Pathology Laboratory, Scanning Centres, Kerosene

Depots, Hotels, Restaurants, Corporate offices, Call

centres, Training centres, Recreational clubs, Social

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

61

1

2

3

clubs, Medical and Pet Clinics, Fitness centres, Nursing

home, Maternity home, LPG Retail outlet, Information

Technology

activity

centres,

Hardware

shops,

Departmental stores, Guest House, Professional offices,

Taxi stand/three-wheeler stand, Conference Hall,

Commercial complex, Yoga Centre, Education Coaching

centre, Banks.

6.

C3

Shopping Mall, Convention centres, Public Community

hall, Museum, Entertainment and Amusement centres,

Hospitals, Development activity centres related to

Information Technology, Exhibition centres, Godowns,

Financial institutions, Restaurants, Hotels (All types

excluding hotels *rated 4 and 5), Motels, Sports

complex, Swimming pools, Agro-based mandis, Fruits

mandis, Vegetable mandis, Junk yards, Cold storage,

Goods markets, Petrol Pumps, Workshops, Garages,

Auto service stations, Charging stations for Electrical

Vehicles, CNG Filling stations, Theatre, Pollution free

Small and Medium Scale Industry including MSME,

Conference

Hall,

Multi-level

Parking,

Education

Coaching centre, Commercial and Corporate offices,

Banks, power looms up to 10 HP, Junk Yards (on

internal roads only), Agro Mandis.

7.

C4

Hotels with *4 and 5 Ratings, Banquet halls,

Commercial Complexes, Wholesale market, Timber

mart, Cinema and Multiplexes, Godowns.

8.

C5

Auditorium, Planetarium, Stadium, Warehouses, Weigh

Bridge, Heavy goods markets.

Public, Semi-public/Institutional (PSP) :

9.

PSP1 Play-Way Schools, Creches, Preschools, Primary

schools, PHC, clinic, Dispensary, Sub-offices of Govt.

utilities, Police Post, Common Places (such as

community Parks, Gardens), Banks.

10.

PSP2 Middle Schools, High Schools, Higher Secondary

schools, Integrated Residential schools, School for

Mentally/Physically Challenged, Police stations, Post

62

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

1

2

3

offices,

Hostels,

Spastic

Rehabilitation

Centres,

Orphanages, Govt. Dispensaries, Nursing Homes,

Hospital up to 20 Bed, Public Library, Community hall,

Public distribution system shops, Bill collection Centres,

Traffic and Transport related offices, Exclusive places of

worship, Social and welfare centres, Local Municipal

facilities, Art Galleries, Museum, Police Station, Fire

Sub-Station, Zonal Level Govt. Utilities, Common

Places (such as community Parks, Gardens).

11.

PSP3 Colleges, Civil Hospital, Hospital more than 20 Bed,

Hospital for infectious diseases, Mental Hospital, Parks

and playgrounds Maidans and Stadiums, Dharmshalas,

Hostels, Dhobi Ghat, Place of worship along with

ancillary uses, Higher Educational Institutions, Colleges,

Fire stations, Govt. Buildings, Auditoriums, Cultural

complexes, Fire stations, Broadcasting and Transmission

stations. Jails, Police headquarters, Police lines, Solid

waste

dumping grounds/sites, Bus and Railway

passenger terminals, Monuments, Exhibition centres,

open air theatre, Recreational clubs, Court, Universities,

Polytechnic, Specialized educational institute, All Govt.

Uses, Common Places (such as community Parks,

Gardens),

Multi-level

Parking,

Office

without

Commercial Activity.

12.

PSP4 Medical College and Research centre, Universities and

Deemed Universities.

Mix Land Use (M) :

13.

M

All activities in the mixed used zone as given in the

table 5-2.

Recreational Use (RC) :

14.

RC

Public Parks, Gardens, Botanical Gardens, Sports

Related Activities, Open Spaces, Water Sports, Golf

Course, Amusement Park, Recreational Club.

Agricultural/Urban Agriculture Use (Ag) :

15.

Ag

Agriculture, Horticulture, Dairy, Poultry Farm, Plant

Nurseries, Agro-based Industries excluding hazardous

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

63

1

2

3

chemicals, cottage industries, dwelling of the people

engaged in farm (rural settlement), Farm house, Solar

Project, Windmill, public utilities, flour mills.

The following uses shall be allowed in favour of

bona fide residents of the village with last 20 years

ownership of land:—

Residential house, convenient shops, work centre,

Atta Chakki, clinics/dispensary, school, repair shop,

cold storage and rice shellar. This is subject to

production of documentary proof.

Transportation and Communication (TC) :

16.

TC

This land use is meant for roads, bus stands, bus

terminal, Parking, Multi-Level Parking, railway station,

railway line and airport, Communication establishments,

Integrated Freight. Complex (Wholesale shops and

subsidiary storage capacity, Parking facilities, Godowns,

cold storage, Service/repair facilities, Rest/recreation for

drivers, Weighing Bridges, Office space, Facilities like

banking, postal truckers, etc. required for business

transactions, Amenities for wholesales, truckers and

their employees, Areas for shops, eating houses and

other service, establishment, Provision of lighting, water

supply and garbage, sewerage disposal), Hostel, Guest

House, Boarding House and Lodging House, Filling-

cum-Service Station, Filling Station, Compressed

Natural Gas (CNG) Dairy Station, Petrol Pumps and

Service Stations, workshops and garages for LMV and

HMV, Warehouse, storage depots, truck terminals.

Industries Use (ID)—Minimum RoW of the road shall be 12 m or

as per prescribed guidelines of Industries and Commerce

Department :

17.

ID1

All type of Light, Service Industries, Small Factories,

Warehouses, Newspaper Printing Press, Concrete

Batching Plant, stone cutting and polishing, Poultry

Farm, Dairy, Assembly Plant, Filling station.

64

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

1

2

3

18.

ID2

All Industries except Hazardous Industries, Junk Yard,

Textile Units, Ice Factory, Quarrying of Stone,

Quarrying of Gravel, Quarrying of Clay, Dumping of

Solid Waste, Non-obnoxious and Non-Hazardous

Industry.

19.

ID3

Slaughter House, Meat Processing Units, Leather

Processing Units, Cold Storage, flour mills.

20.

ID4

Fuel Storage, Storage of inflammable materials, Thermal

Power Plant, Power Plant, Gas Plant, Storage of

Hazardous Materials, Hazardous Industries, Chemical

Industries, Obnoxious and Hazardous Uses, Dying

House.

Conservation Use (CG) :

21.

CG

It is an environmentally conserved land use where no

building

construction

is

permitted

like

Forest,

Vegetation, Dense Plantation, Rivers, Water Bodies and

green buffer.

5.1.3

Permissible and Non-Permissible Uses as per Use-Zones as

per the Existing Road Width :

Table No. 5—2 Permissible and Non-permissible Uses as per-

Zone

P—Permissible, NP—Not permissible, CA—Uses Permissible

on approval by BPIA Authority.

(Only following list of Activities are Permissible and Non-

Permissible for the local/notified Area) :—

S.

No.

Activi-

ties

ROW

(m)

B/L (m)

Use-Zones

F.S.B.

(m)

R

Zone

M

Zone

C

Zone

RC

Zone

T

Zone

PSP

Zone

1

2

3

4

5

6

1.

R1 (i)

3.0

3.0

P

P

P

NP

P

P

1.5

2.

R1 (ii)

4.5

4.0

P

P

P

NP

P

P

1.8

3.

R1 (iii)

6.0

5.5

P

P

P

NP

P

P

2.5

4.

R2

9.0

8.0

P

P

P

NP

P

P

3.5

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

65

1

2

3

4

5

6

5.

R3

12.0

11

P

P

P

NP

NP

NP

5.0

6.

C1

9.0

8

P

P

P

NP

P

P

3.5

7.

C2

12.0

11

P

P

P

NP

P

NP

5.0

8.

C3

15.0

13.5

NP

P

P

NP

NP

NP

6.0

9.

C4

18.0

16

NP

P

P

NP

NP

NP

7.0

10.

C5

24.0

19.0

NP

NP

P

NP

NP

NP

7.0

11.

PSP1

9.0

8

P

P

P

NP

P

P

7.0

12.

PSP2

12.0

11

P

P

P

NP

P

P

7.0

13.

PSP3

15.0

18.5

P

P

P

NP

P

P

7.0

14.

PSP4

24.0

21.5

NP

NP

NP

NP

NP

P

7.0

15.

RC

All

As

applicable

road

category

P

P

P

P

P

P

As

applicable

road

category

16.

30.0

22.0

The

activities

will

be

permissible

as

above

and

guided by minimum road width

requirement.

7.0

17.

36.0

25.0

7.0

18.

50.0

32.0

7.0

19.

60.0

37.0

7.0

Note:—Whichever is more shall be applicable w.r.t. Building

lines/ROWs.

P

Permitted

NP

Not Permitted

B/L

Building line (From centre of

abutting road)

FSB

Front Set Back

RoW

Right of Way

Retail Shops:

• In R zone, Commercial and professional and other office activities

shall be permissible with maximum coverage up to 1/3rd of

permitted FAR.

66

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

• The below mentioned shall be categorized as Retail Shops :—

Bakery/Confectioneries items, Grocery/General Store, Daily

Products, Stationary/Books/Gifts/Book binding, Cyber Café/Phone

booth, L.P.G. booking office/L.P.G. showroom excluding cylinder,

Pan shop, Laundry/Dry cleaning/Ironing shop, Sweet Shop/Tea

Shop excluding seating provisions, Chemists/Medicine shop,

Optical shop, Home Appliances/Electronic Repair shop, Photo

Studio, Cable/DTH office, Cycle Repair shop, Under Public

Distribution System shops for Ration and Kerosine Distribution

Shops, Vegetables/Fruits/Flower shops, Photocopy/Fax/STD-PCO,

Haircutting/Beauty Parlour, Tailor shop/Boutique.

Notes:—

I.

No development shall be permitted in area designated for water

body, pond and Talav excluding River-front Development.

Setbacks to be maintained from a designated water body shall be

as per Regulation for Conservation Zone (CG) of these

regulations.

II.

The land designated for public purposes, the uses shall be

permissible as per the requirements of concerned department.

III.

For all Zones,—

Ø If the line of a zone divides a building unit, the maximum

permissible F.A.R. available on either part of such building

unit shall be as per the respective Zones.

Ø Such a building unit may be developed separately as per the

regulations of the respective zones or as a contiguous

development utilizing the combined maximum permissible

F.A.R. in the part of the building unit which lies in the zone

with higher F.A.R.

IV.

Public Utilities and Facilities shall be permitted in any Zone.

V.

In the local areas where the mixed land use zones are not defined

in the land use plan of the master plan, the concerned Authority

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

67

shall unequivocally notify the roads for mixed land use along with

the extant vis-à-vis the mixed land use zone in the table 5-2.

VI.

For buildings above 21 m height shall have front setback of 1/3rd

of the height of building or building line of the road whichever is

more.

5.1.4

Circumstances under which Existing Non-Conforming Uses

will be allowed to continue :

Existing non-conforming uses may continue in the following

circumstances:—

a)

Any lawful use of land or building premises existing before

coming into force of these Regulations may be allowed to

continue, if it does not conform to the use provisions of these

Regulations provided that such non-conforming use is not

extended or enlarged.

b)

In case a building accommodating any non-conforming use,

collapses or is pulled down or is dismantled, any new

building on such site shall conform to these Regulations and

to the land use regulations prescribed in these Regulations.

c)

In case of alteration work in a building, the permission shall

be given only after giving setbacks and building line for

proposed roads as per these Regulations.

5.1.5

Development on Kabrastan, burial ground etc. :

The land occupied by the graveyards, Kabrastan, burial grounds,

crematoria and allied actions in the local area shall be kept

permanently open. BPIA may permit structures to be built for

specific purpose as ancillary use.

5.2

Development Control Regulations :

5.2.1

Minimum Space/Plot Area requirements, Maximum Ground

Coverage, Setbacks/Setbacks, Permissible Floor Area Ratio

(FAR) and Maximum Height.

68

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

5.2.1.1

The regulations for Residential Use in terms of Plot Area,

Ground Coverage, FAR and Setbacks shall be as given

below:—

Table No. 5—3

A. Minimum Setbacks/Setbacks, Maximum Ground Coverage and

No. of Storeys as per Plot Area Range for R1, R2 categories of

Residential Use.

S.

No.

Area

(In Sq. m)

Max.

Ground

Coverage

No. of

Storeys

Type of

Const.

Set Back Limits

(Minimum) in metres

Front

Rear Side

Side

1.

Up to 75

75%

G+2

RoW

Shall be as per table No. 5—2

0

0

0

2.

Above

75—125

75%

G+2

RoW

1.5

0

0

3.

Above

125—275

65%

G+2

RoW

2.0

0

0

4.

Above

275—350

55%

G+2

Semi-

detached

2.0

2.0

0

5.

Above

350—450

50%

G+2

Semi-

detached

2.0

2.0

0

6.

Above

450—600

45%

G+2

Detached

3.0

3.0

2.0

7.

Above

600—1000

40%

G+2

Detached

3.0

3.0

2.0

8.

Above

1000

35%

G+2

Detached

3.0

3.0

2.0

Note:—

I. No side setbacks shall be required in plots or irregular

proportions/dimensions up to the width of 10M, minimum rear

setback of 1M shall be permitted in cases where depth of such

irregular plots is up to 12M. However, there shall be no change

in permissible ground coverage, No. of storeys and height of the

building as given in the table above.

II. The maximum height of a residential house shall not be more

than 12m. Height of each storey in a residential house shall not

be less than 3M, staircase mumty height up to 2.5m shall be in

addition to G+2 storeys permissible.

III. Total habitable floor area shall not be in any case more than

three times the allowable ground coverage.

IV. To cater to this parking requirement in individual plotted

residential houses, stilt floor shall be allowed within the building

envelope and shall be exclusively used for parking for roads 6 m

and above.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

69

V. Any area within building envelope provided for parking on

ground shall not be counted in covered floor area and the same

area shall be allowed for habitable purpose on 3rd floor.

VI. In case stilt parking is provided within building envelope in

combination with ground floor, the area under parking shall be

allowed for habitation on 3rd floor. Height of stilt floor in this

case shall not be more than 3m.

VII. Basements shall not be allowed in row housing, but single

basement shall be allowed in detached and semi-detached

housing subject to fulfilment of basement norms as per National

Building Code.

VIII. Basements in individual plotted housing shall be counted

towards FAR and ground coverage.

IX. Single basement shall be allowed within the building envelope

ensuring structural safety with maximum height of 3.0 m from

finished floor to soffit of beam.

X. Porches up to an area of 17 Sqm shall be allowed in side

setbacks only and no construction over such porches shall be

allowed.

XI. Areas under porch shall be calculated @ 50% for coverage.

XII. Stilt floor shall be allowed on roads not less than 6.0 m Width.

B. Regulations for R3—Group Housing (Flatted Development)

S.No.

Plot Area

(Sq. m)

Max. Ground

Coverage

Max. FAR and

Dwelling Units

per ha

Max. Height (m)

Min. Setbacks

Rear & Both sides

(Each Side)

Tower to Tower

Distance

1. 4000—

8000

30%

175

Height to

be

regulated

by Fire and

Emergency

Equipment

available.

1/3rd of height

of building or

7.5m or building

line of the

abutting road

whichever is

more.

Minimum 6M

all around up to

40 m height and

minimum 9m

allround above

40m height.

2.

Above

8000

30%

225

1/3rd of height.

of building or

7.5

m

or

building line of

the

abutting

road whichever

is more.

Minimum

6M

all around up to

40 m height and

minimum 9 m

all round above

40m height.

70

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

Note:—

I. The Group Housing Scheme shall be subject to Reservation

Policy for EWS/LIG Housing for Urban Poor as per J&K

Housing, Affordable Housing, Slum Redevelopment and

Rehabilitation and Township Policy, 2020.

II. F. A. R./Density required for EWS shall not be counted in

overall FAR of the Group Housing Scheme and shall be

subject to the fulfilment of parking norms for EWS as well if

provided within the Group Housing Scheme. Allotment under

EWS scheme shall be made strictly as per the J&K Housing,

Affordable Housing, Slum Redevelopment and Rehabilitation

and Township Policy, 2020.

III. Bye-laws for affordable housing shall be as per J&K Housing,

Affordable Housing, Slum Redevelopment and Rehabilitation

and Township Policy, 2020.

IV. Maximum Commercial/Public, Semi-public use in Group

Housing/Flatted Development shall be 10% of the total

site/scheme area.

V. Security room may be allowed at the entrance gate up to a

maximum built up area of 30 Sqm (up to 3.5m height) after

maintaining the RoW of road and shall be counted as FAR.

VI. Minimum floor height from finished floor for any habitable

space shall be 2.75m.

VII. Built up area (Unit Area) of apartment for calculation of ECS

shall be excluding common service areas. Any service area

within apartment shall be counted in built up area. Balconies

and Verandas shall be counted @ 50% in FAR.

VIII. If there are any bends or curves on the approach road within

the plot, a sufficient width shall be provided at the curve to

enable the fire tenders to turn, the turning circle being at least

of 9.0 m radius. Where entry to the plot is through a slip road

the gate width shall not be less than 9.0 m for entry of the fire-

fighting appliances.

IX. The internal access to the building within the plot and open

spaces on its all sides shall not be less than 6 m width and the

layout for the same shall be done in consultation with Chief

Fire Officer, Fire Service and the same shall be reinforced to

ensure safety of the fire equipment and capable of taking the

weight of Fire Engine, weighing up to 45 tons. The said open

space shall be kept free of obstructions and shall be

motorable.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

71

X. Main entrances to the premises shall be of 9.0 m width to

allow easy access to the fire engine and in no case, it shall

measure less than 6 m. The entrance gate shall fold back

against the compound wall of the premises, thus leaving the

exterior access way within the plot free for movement of fire

service vehicles. If archway is provided over the main

entrance the height of the archway shall not be at a height less

than 5m.

XI. The catalogue for sale of apartments shall be similar to the

basic plan approved by the Authority.

XII. No deviation in the plan shall be allowed once the apartments

are sold in part or whole.

XIII. No common areas like corridors, stairs, lifts, lobbies shall be

allowed to be sold to a particular person or a group of persons

after the apartments are sold in part or whole.

XIV. No apartment holder shall be allowed to have extra rights on

common spaces.

XV. Common spaces shall include all green spaces, children’s

parks, play grounds, sports facilities, areas which are of

common use of the apartment owners forming part of the

sanctioned plan under bye-laws of the Authority.

XVI. Any additional space not counted in the permissible floor

space shall also be treated as common areas.

XVII. Designated parking spaces shall be allotted to apartment

holders.

XVIII. Height Exemptions:

a. Roof tanks and their supports not exceeding 1.0 m. in

height.

b. Ventilating, air conditioning and lift rooms and similar

service equipment.

c. Stair covered with mumty not exceeding 3.00 m. in

height.

d. Chimneys and parapet wall and architectural features not

exceeding 1.50 m. in height unless the aggregate area of

such structures exceeds 1/3rd of the roof area of the

building on which they are erected. All such appurtenant

structures shall be camouflaged to achieve streamlined

aesthetics.

72

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

C. Regulations for Housing Colonies (plotted)

a)

A group or a group of persons or a co-operative society or firm

intending to plot out an estate into more than 4 plots shall give

notice in writing to the BPIA which will be accompanied by a

layout plan of entire land showing the areas allotted for roads,

open spaces, plot and public buildings, the specification of the

roads, drains and other infrastructures.

b) Roads, drains, water mains and electric lines required for the

colony shall be constructed by the developer at his own cost and

no plot shall be eligible for any services and utilities by the govt.

and/or Municipal Corporation unless the colony is developed

properly and approved by the BPIA, and no building plan shall

be considered by the municipality or prescribed authority in any

plot of such a colony which has not received the prior approval

of the BPIA. Developer in this case will mean the person,

co-operative or the firm intending to plot out the land into more

than 4 plots.

c) Land use of the layout plan approved by the BPIA shall not be

changed unless with the prior consent of the BPIA.

d) Open spaces allocated for parks, playfields, utility sites/buildings

in a colony shall be deemed to have been sold along with the

plots as amenity of the colony by the developer to the plot

holders of the colony. The development of such open spaces

shall be the responsibility of the developer.

e) No permission shall be accorded for construction of a building in

any notified area which shall cause nuisance by way of odour,

smoke, noise or disturbance to inhabitants of the locality or be

injurious to health of the residents of the buildings or to the

inhabitants in the surrounding areas.

f) Norms for Colonies up to 1.0 Hectare:

Land Distribution

1.

Min. Approach Road

9.0 m.

2.

Internal Roads

Width of Means of Access

(m)

Length of Means of

Access (m) Max

6.0

75

7.5

150

3.

Area under Roads

Min. 12%

4.

Area under Green

Min. 10%

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

73

5.

Residential Area

Max. 70%

6.

Commercial/PSP Area

Max. 5%

g) Norms for Colonies above 1 Hectare up to 4 Hectare:

Land Distribution

7.

Min. Approach Road

12.0 m.

8.

Internal Roads

Width of Means of Access

(m)

Length of Means of

Access (m) Max.

6.0

75

7.5

150

9.0

250

9.

Area under Roads

Min. 12%

10. Area under Green

Min. 10%

11. Residential Area

Max. 70%

12. Commercial/PSP Area

Max. 10%

5.2.1.2

The regulations for Commercial and Public, Semi-Public

building use in terms of Space/Plot area, Ground Coverage,

FAR, Height and Setbacks/setbacks shall be as under :—

Table No. 5—4

•

Maximum Building Height and Minimum Setbacks

Note:—WEIM = Whichever is more, NA = Not Allowed/Applicable, B. L= Building Line

Commercial

S.

No.

Building

Use

Plot Area

(Sq. m)

Ground Coverage

(%)

FAR

Max.

Height.

(m)

Min. Setbacks (m)

Front

Rear

Side

Side

1

2

3

4

5

6

7

8

9

10

1.

Single

Shop

Up to

100

70

210

12

(G+2)

Shall be as

per Table

No. 5—2

N

N

N

Note:—Shopping permissible on G+1 only. Basement shall not be allowed.

2. Shopping

Cluster

Above

100—

300

60

180

14

Shall be as

per Table

No. 5—2

3.0

3.0

N

Note:—Shopping permissible on G+1 only. Basement shall not be allowed.

74

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

1

2

3

4

5

6

7

8

9

10

Above

300—

750

50

180

14

Shall be as

per Table

No. 5—2

3.0

3.0

N

Note:—Single Basement within the building envelope shall be allowed as specified

in the basement norms. Stilt floors within the building envelope shall be allowed

for parking only.

3. Commer-

cial

Complex

Above

750—

2000

45

180

20

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

3.0

3.0

Note:—Single Basement within the building envelope shall be allowed as specified

in the basement norms. Stilt floors within the building envelope shall be allowed

for parking only.

Above

2000—

4000

40

180

25

Shall be as

per Table

No. 5—2

6.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

6.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

6.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

Note:—Double basements if used for parking shall be allowed as specified in the

basement norms. Stilt floors within the building envelope shall be allowed.

Above

4000

35

180

Height to

be regul-

ated by

Fire and

Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

6.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

6.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

6.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

Note:—Three basements if used for parking shall be allowed as specified in the

basement norms. Stilt floors within the building envelope shall be allowed.

4. Cinemas/

Cineplex

Min.

4000

50

150

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

1/3rd of

Building

Ht.

1/3rd of

Building

Ht.

1/3rd of

Building

Ht.

Note:—Three basements if used for parking shall be allowed as specified in the

basement norms. Stilt floors within the building envelope shall be allowed.

Canteen/food court up to15% of FAR shall be allowed.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

75

1

2

3

4

5

6

7

8

9

10

5. Hotel

1000-

2500

40

180

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

1/3rd of

height of

building

or 6 m

(W.E.I.M)

1/3rd of

height of

building

or 6 m

(W.E.I.M)

1/3rd of

height of

building

or 6 m

(W.E.I.M)

Note:—5% of permissible FAR for party hall and 3% permissible FAR for

Conference hall shall be allowed.

For Conference halls/party halls/bars/restaurants etc. (Excluding entrance hotel

lobby/atrium) min parking @ 1.5 ECS for 10 Sqm shall be provided.

Double basements if used for parking shall be allowed as specified in the basement

norms. Stilt floors within the building envelope shall be allowed.

Above

2500

30

200

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

1/3rd of

height of

building

or 6M

(W.E.I.M)

1/3rd of

height of

building

or 6M

(W.E.I.M)

1/3rd of

height of

building

or 6M

(W.E.I.M)

Note:—5% of permissible FAR for party hall and 3% permissible FAR for

Conference hall shall be allowed. For plots more than 12K facilities like banquet

hall shall be allowed with parking provision as per banquet norms.

For Conference halls/party halls/bars/restaurants etc. (Excluding entrance hotel

lobby/atrium) min parking @ 1.5 ECS for 10 Sqm shall be provided.

Three basements if used for parking shall be allowed as specified in the basement

norms. Stilt floors within the building envelope shall be allowed.

6. Mall-

cum-

Multiplex

Min.

5000

40

200

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

1/3rd of

height of

building

or 3M

(W.E.I.M)

1/3rd of

height of

building

or 3M

(W.E.I.M)

1/3rd of

height of

building

or 3M

(W.E.I.M)

Note:—For halls/party halls min parking @ 1.5 ECS for 10 Sqm shall be provided.

Three level basements if used for parking shall be allowed as specified in the

basement norms. Stilt floors within the building envelope shall be allowed.

76

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

1

2

3

4

5

6

7

8

9

10

7. Janjghar/

Comm-

unity

Center/

Banquet

Hall

Min.

6000

30

60

12

Shall be as

per Table

No. 5—2

1/3rd of

height of

building

or 6M

(W.E.I.M)

1/3rd of

height of

building

or 6M

(W.E.I.M)

1/3rd of

height of

building

or 6M

(W.E.I.M)

Note:—Double basements shall be allowed. Basements should be allowed for

parking only. In case of sloping roof, no activity shall be allowed in the attic space.

Security room may be allowed at the entrance gate up to a maximum built up area

of 15 Sqm (up to 3.5M height) after maintaining the RoW of road and shall be

included in FAR. Parking shall not be allowed in proposed RoW of roads.

Bore-wells and power-driven water pumps shall not be allowed in construction sites

or in any building without license and proper permission from the competent

authorities.

8. Ware-

housing,

Storage

Vegetable

s & Fruit

Mandis

Min.

25000

25

100

15

Shall be as

per Table

No. 5—2

9.0

9.0

9.0

9. Multi-

Level

Parking

Min.

2000

66

-

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

Note:—Minimum number of car parking space shall be 50. Terrace/Roof Top

Parking shall be allowed with proper protection to the satisfaction of concerned

Authority.

In order to compensate the cost of Multi-Level Parking, a maximum 25% of Gross

Permissible Floor Area may be utilized as Commercial/Office space.

Maximum FAR proposed for commercial spaces shall be 100 (excluding parking

areas). In addition to requisite parking space required for commercial developed

within the Multi-Level Parking complex (@ 3 ECS/100 Sq. m). Three times

additional space for parking components shall be provided.

Three basements shall be allowed for parking as specified in the basement norms.

Maximum height shall be restricted to permissible height of the land use in which

the plot falls.

Shops/Offices/Commercial spaces shall be allowed on ground and first floor, only

for rehabilitation of project affected persons in Government comprehensive

schemes.

In case of Government comprehensive schemes, development controls including

height shall be as per approved scheme.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

77

1

2

3

4

5

6

7

8

9

10

INDUSTRIAL USE

10. Flatted

Group

Industry

and

Service

Centre

Min. 2000

30

120

20

Shall be as

per Table

No. 5—2

1/3rd of

height of

building

or 6M

(W.E.I.M)

1/3rd of

height of

building

or 6M

(W.E.I.M)

1/3rd of

height of

building

or 6M

(W.E.I.M)

Note:—Basement up to the building envelop line to the maximum extent of 50%

plot area shall be allowed and if used for parking and services should not be

counted in FAR.

11. Light and

Service

Industry

100 up to

500

60

120

12

Shall be as

per Table

No. 5—2

3.0

3.0

N

500 up to

4000

55

125

12

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

4000 up to

12000

50

115

12

Shall be as

per Table

No. 5—2

6.0

6.0

6.0

Above

12000

45

100

12

Shall be as

per Table

No. 5—2

6.0

6.0

6.0

Note:—Maximum floors allowed shall be basement, ground floor and 1st floors;

basement should be below ground floor and to the maximum extent of ground

coverage shall be counted in FAR. In case the basement is not constructed, the

permissible FAR can be achieved on the second floor. In case of truss, height of

building should be adjusted/relaxed.

12. Extensive

Industry

400 up to

4000

50

100

9

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

4000 up to

12000

45

90

9

Shall be as

per Table

No. 5—2

6.0

6.0

6.0

12000 up to

28000

40

80

9

Shall be as

per Table

No. 5—2

7.0

7.0

7.0

Above

28000

30

60

9

Shall be as

per Table

No. 5—2

8.0

8.0

8.0

Note:—Single Storey building with basement is allowed. Basement shall be below

the ground level and the maximum extent of the ground coverage and shall not be

counted in FAR. In case of truss, height. of building should be adjusted/relaxed.

78

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

1

2

3

4

5

6

7

8

9

10

Height relaxation can be considered by the content Authority for specialized

industries requiring more height.

PUBLIC AND SEMI-PUBLIC/INSTITUTIONAL USE

13. Offices:

General/

Govern-

ment

Office/

Inte-

grated

Office

Complex

-

30

210

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

Note:—The integrated office complex shall include Central Government Office,

Local Government Office, Public Undertaking Offices and Courts.

Maximum up to three basements within the building envelope. Stilt floors within

the building envelope shall be allowed. Minimum plot area for offices shall be 500

Sqm. These norms shall not apply on basic/important infrastructure/utilities to be

created by Government and shall be as per the Government policies.

Educational

14. Pre-

Nursery/

Creches

As per Residential use Norms.

Note:—Pre-Primary Schools/Nursery Schools/Montessori Schools/Creche, Play

Schools, may be permissible in residential use.

15. Nursery

School

Min. 750 33.33

100

Ht. as per

land use

but not

exceeding

15m

Shall be as

per Table

No. 5—2

3.0 or

B.L.

(W.E.I.M)

3.0 or B.L.

(W.E.I.M)

3.0 or B.L.

(W.E.I.M)

Note:—Stilt floors within the building envelope shall be allowed. Basements shall

not be allowed.

16. Primary

School

Min. 2000

33

120

15

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

17. Middle

School

Min. 4000

33

115

15

Shall be as

per Table

no. 5—2

3.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

79

1

2

3

4

5

6

7

8

9

10

18. High/

Higher

Secon-

dary

School

Min. 7500

35

140

18

Shall be as

per Table

No. 5—2

4.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

4.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

4.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

19. College

Min. 30000

25

100

18

Shall be as

per Table

No. 5—2

5.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

5.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

5.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

20. Educat-

ional and

Research

Centre/

Univer-

sities

Min. 80000

Academic including Administration (45% of the total land area).

-

30

120

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

10.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

10.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

10.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

Residential (25% of the total land area.

-

Regulations of Group Housing shall be followed subject to provision of

density of 400 PPHa gross and land shall be reserved for residential

facilities @ 9.2 Sq. m. per person.

Sports and Cultural Activities (15% of the total land area).

-

10

15

-

Shall be as

per Table

No. 5—2

10.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

10.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

10.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

Parks and Landscape Areas (15% of the total land area).

-

Suitable landscape plan to be prepared for this area.

Note:—Stilt floors within the building envelope shall be allowed. Double basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

80

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

1

2

3

4

5

6

7

8

9

10

Health

21. Hospital

Min. 6000

40

250

when

RoW

less

than

25m

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

300

when

RoW

more

than

25m

Note:—Maximum 10% ground coverage shall be allowed for providing atrium and

shall be free from FAR. In case, additional ground coverage for atrium is utilized

25% of the utilized ground coverage shall be counted toward FAR. Common areas

such as waiting halls, reception and fire stair cases shall be allowed free from FAR.

Service floor of height 1.8m shall not be counted in FAR. The setbacks/regulations

are subject to fire safety norms.

Multi-Level Parking shall be permissible to the extent of building envelope lines,

free from FAR and ground coverage to facilitate ample parking in spaces, subject to

structural safety.

22. Health

Centre/

Nursing

Home

Min. 1000

30

100

26

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

Notes:—Multi-level basements within the building envelope shall be allowed as

specified in the basement norms. Basements/stilt floors if used for parking shall not

be counted in FAR. Max.

Plot area for all Hospital/Tertiary Health Care Centre would be worked out @ 80

sq.m. of gross floor area per bed. However, for other health facilities like

Maternity/Nursing homes, Family Welfare and other centres, the plot area would be

worked out @ 60 sq.m. of gross floor area per bed.

Maximum up to 300 sq. m. of floor area shall be allowed to be used for community

space/religious shrine/crèche/chemist shop/bank counter on Hospital sites and also

Medical College/Nursing and Paramedic institutes sites.

Other Controls :

In case of super specialty medical facilities/hospitals duly certified as such by the

BPIA, the gross area shall be worked out @ up to 125 sq. m. per bed.

In case of existing premises/sites, the enhanced FAR shall be permitted, subject to

payment of charges as may be prescribed by the Authority/land owning agency and

other clearances.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

81

1

2

3

4

5

6

7

8

9

10

Basement after utilization for Parking; Services Requirements such as air

conditioning plant and equipment, water storage, boiler, electric sub-station, HT. &

LT panel rooms, transformer compartment, control room, pump house, generator

room; staff locker room, staff changing room, staff dining facilities without kitchen

facility, Central sterile supply dept., back end office; Other Mechanical Services;

Installation of Electrical and fire-fighting equipment’s; and other services like

kitchen, laundry and radiology lab and other essential services required for the

maintenance/functioning of the building may be used for healthcare facilities with

prior approval of the concerned agencies.

Other controls related to basements etc. are given in end of this chapter.

The bed count of a Health Facility may be allowed as per permissible FAR.

Environment clearances shall be made mandatory considering that bio-wastes are

generated. Environment clearances are mandatory as per the prevailing regulations

related to the environment.

Zero discharge for sewerage shall be enforced at the cost of the promoters and post

treatment water can be used by premises for its needs of horticulture, flushing,

coolant tower, washing or disposal to other construction sites. These issues

concerned the local bodies and can be dealt accordingly as per existing regulations

as the time of sanctioning the plan.

The additional power requirements shall be met by power supply from grid and till

such time by means of suitable captive generation.

23. Radio

Diagno-

stic

Centre/

Microbio-

logical/

Patho-

logical

Laborat-

ories

Min. 500

30

100 15 without

stilt

18 with

stilt

Shall be as

per Table

No. 5—2

3.0 or

B.L.

(W.E.I.M)

3.0 or B.L.

(W.E.I.M)

3.0 or B.L.

(W.E.I.M)

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

Facilities and Amenities

24. Religious

Premises

Min. 750

35

70

12

(Exclud-

ing

Minars

Shikharas

or Domes)

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht..

3.0 or

1/3rd of

Building

Ht..

3.0 or

1/3rd of

Building

Ht.

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

25. Police

Post

Min. 250

35

100

12

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht.

3.0 or

1/3rd of

Building

Ht..

3.0 or

1/3rd of

Building

Ht.

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

82

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

1

2

3

4

5

6

7

8

9

10

26. Police

Station

Min. 1000

30

150

26

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht.

3.0 or

1/3rd of

Building

Ht.

3.0 or

1/3rd of

Building

Ht.

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

25 % of the plot area may be used for housing the staff and the regulations of group

housing shall be applicable to the area meant for housing.

27. Post &

Tele-

graph

Office/

Bank

Min. 250

25

100

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht.

3.0 or

1/3rd of

Building

Ht.

3.0 or

1/3rd of

Building

Ht.

Note:—Stilt floors within the building envelope shall be allowed. Multi-level

basement within the building envelope shall be allowed for parking as specified in

the basement norms.

28. General

(Public &

Semi-

Public

Premises)

Min. 500

25

100

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht.

3.0 or

1/3rd of

Building

Ht.

3.0 or

1/3rd of

Building

Ht.

Note:—Stilt floors within the building envelope shall be allowed. Double basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

Other controls:

Up to 25% of maximum FAR can be utilized for residential use of essential staff in

fire station.

Up to 15% of maximum FAR can be utilized for residential use/hostel for essential

staff and student accommodation, in Fire Training Institute/College.

Other controls related to basements etc. are as per regulations.

29. Fire

Station

Min. 2000

30

120

26

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht.

3.0 or

1/3rd of

Building

Ht.

3.0 or

1/3rd of

Building

Ht.

Note:—Stilt floors within the building envelope shall be allowed. Double basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

Other controls:

Up to 25% of maximum FAR can be utilized for residential use of essential staff in

fire station.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

83

1

2

3

4

5

6

7

8

9

10

Up to 15% of maximum FAR can be utilized for residential use/hostel for essential

staff and student accommodation, in Fire Training Institute/College.

Other controls related to basements etc. are as per regulations.

Non-Residential Premises

30. Hostel

Min. 750

30

120

15

Shall be as

per Table

No. 5—2

1/3rd of

Building

Ht.

1/3rd of

Building

Ht.

1/3rd of

Building

Ht.

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

31. Guest

House,

Boarding

House or

Lodging

House

Min. 500

30

120

18

Shall be as

per Table

No. 5—2

1/3rd of

Building

Ht.

1/3rd of

Building

Ht.

1/3rd of

Building

Ht.

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

Other Uses

Petrol Pumps:

The general regulations for Petrol Pumps shall be as per guidelines issued by Ministry of Road,

Transport & Highways.

•

New petrol pump shall not be located on any road having R/W less than 15 m

32. Filling

Station

The

frontage &

depth of the

plot shall

be as per

guide-lines

issued by

Ministry of

Road,

Transport

& High-

ways.

10

10

6

Shall be as

per Table

No. 5—2

N

N

N

Filling

Cum

Service

Station

20

20

6

Shall be as

per Table

No. 5—2

N

N

N

Comp-

ressed

Natural

Gas

(CNG)

Mother

Station

20

20

4.5

Shall be as

per Table

No. 5—2

N

N

N

Other Regulations:

Shall be accepted to explosive/Fire Dept. Ground Coverage will exclude canopy

area. Mezzanine if provided will be counted in FAR.

84

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

Note:—

• The height. of stilt should be maximum 3.0 m below soffit of

beam.

• In case stilt parking is provided within commercial or PSP

building envelope in combination with ground floor. Height of

stilt floor in this case shall not be more than 3.0 m. below beam

soffit.

5.2.1.3

Relaxation in Floor Area Ratio (FAR):

In case of Building‐units affected by road widening or

construction of new road, the owner may claim FAR from the

BPIA as a compensation for the surrendered land. In case of

FAR, the BPIA shall permit the FAR of any such land/plot or

Building‐unit on the basis of the original boundary of the

Building Unit. This is subject to conformity with all other

requirements mentioned in these Regulations as per the new

boundary. Before securing Development Permission on any such

Building‐units, owner shall have to surrender the affected land

which shall be calculated as follows:—

Compensation as TDR = Surrendered Land (sq. m.) x Base

F.A.R. x 2.

5.2.1.4

Areas not counted towards computation of FAR

Following areas shall not be counted towards computation of

FAR :—

1. The area under lift wells, service ducts, machine room for

lifts, water tanks, escalator, lift lobby, fire escapes, ramps and

service ducts.

2. Parking areas, parking floors, mechanized parking areas,

porch, service floors, podiums.

3. Basement if used for parking.

4. Corridors, arcades, lobbies, mumty, staircases, entrance

lobbies or foyers, atrium which is not used for commercial

activity, pump room and two watchmen hut each not

exceeding 6 sq. ms.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

85

5. Provided that in commercial use premises, the area of foyer(s)

or entrance lobby(ies) located on the ground floor which

exceeds 20% of permissible ground coverage shall be counted

in the FAR.

Notes:—

1. In cases where building proposal approved prior to these

Regulations are proposed to avail the balance development

rights not exceeding the total permissible FAR as per these

regulations shall be permitted by utilizing the TDR and by

payment of Premium.

2. In case of land parcels affected by the road widening or land

acquisition for public purpose uses, the owner shall have right

to use TDR provided in form of compensation as an

additional F.A.R. of the surrendered land, on the same

land/building parcel or shall be allowed to sell the F.A.R. as

per TDR policy.

3. In case if TDR is not available through private owner then

plot owner will have an option to avail additional FAR.

4. Road Side Setback in a Land-Parcel shall be regulated by the

Road width it abuts.

5. For Redevelopment parcels, sides & Rear Setbacks shall be

minimum of 6m or 1/3rd of the abutting building height,

whichever is more.

6. For Land-Parcel with two or more abutting roads, the Road-

side Setback/setback as per the building line shall be

applicable on all such abutting sides. This Regulation shall be

applicable for all Land-Parcels or as mentioned in Master

Plans/Zonal Development Plans.

5.2.1.5

Permissible Uses in Setbacks :

1. Residential Zone—

a.

Ancillary uses such as Car Porch shall be permitted as a

part of the permissible FAR as already given of the

Building Unit, in side or rear Setback but in no case in

Road-side Setbacks; with maximum permissible ground

coverage of 17 sq. m. and maximum permissible height

of 3.0 m.

86

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

b.

Open cantilever staircase with maximum width of 1.00 m

and landing space of maximum 2.00 Sq. m at floor level

shall be permitted in side or rear Setbacks except on road

side Setback.

c.

Doors, windows or projections shall not be permitted

along the common wall of the adjoining property.

d.

No rainwater from the roof shall be drained in the

adjoining property.

e.

Partition wall shall be allowed along the Building Unit

boundary on common boundary of semi-detached

building and on Setback between two structures up to a

maximum height. of 1.5 ms.

2. For Residential Zone Building Uses: Underground water tank,

percolation well, bore well and pump room with a maximum

size of 2ms X 2ms and with a maximum depth of 2ms.

3. Vehicular Ramp connecting ground level with basement level

shall be permitted in side and/or rear Setback only.

4. For a building-unit using Setback for providing electrical

infrastructure such as substation, underground water tanks

shall be allowed on only one Setback side except Road-side

Setback. The other Setbacks shall be kept clear and accessible

at ground level.

5. Electrical Infrastructure: Electrical Sub-station, Transformer

room, Box-type transformer, Section Feeder Pillar, Auxiliary

Power Back-up System and M. room according to the norms

of the Competent Electric Company shall be permitted in

Setback except Road-side Setback of the Building-unit. The

area of such construction shall not be counted towards FAR.

6. Fire Escape Open Staircase for Building with height more

than 30ms: Fire Escape Staircase required shall be permitted

in Setback except road-side Setback and subject to free

movement of fire tender.

7. Pedestrian Ramp shall be permissible in Setback at Ground

Floor Level only.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

87

8. Parking shall be permitted in Setbacks except in Approach

Road.

9. Parking shall be permitted in Setbacks except in Approach

Road.

10. In any Setback open space, weather sheds, sun breakers

horizontal or vertical projections shall be permitted up to 0.60

m. These projections may also be part of the facade

articulation at various levels, but shall in no cases be at the

floor level such that they become a part of the habitable

space. Such projections shall be allowed above a minimum

height of 2.4ms from the ground level.

5.2.1.6

Restricted Use in Setbacks :

1. The required Setback open spaces except permissible uses as

per Regulation 5.2.1.5 shall be kept permanently open to sky.

2. This space shall not be used for stocking materials or loose

articles for the purpose of trade or otherwise, putting up fixed

or movable platforms.

3. Parking shall not be allowed in the Setback provided as

approach road.

4. Vehicular ramp leading to parking in floors above ground

level shall not be permitted in the Setback.

5. Pedestrian ramps connecting ground floor with upper floors

shall not be permitted in the Setbacks.

5.2.1.7

General Basement Requirements :

In a Building-unit, the Basement shall be permitted on the

following conditions:

A. Setbacks :

1. Basement shall be permitted on plot abutting Minimum Road

width 12 m or above and coverage up to Building Envelop

only.

2. Basement shall be permitted on plot having minimum plot

width 18 m or more.

3. Basement shall be permitted in the building envelop only.

B. Height of Basement:

1. Maximum Height of the Basement below soffit of beam shall

be 3.0m.

2. Height of first basement above ground level will be maximum

1.5 m below the roof slab. Where stilt or podium parking is

88

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

permitted, the first basement roof will be levelled with the

ground.

C. Permissible Uses in Basement :

1. Permitted uses in Basement are parking, safe deposit vault,

A.C. Plant, storage other than inflammable material, Sewage

Treatment Plant.

2. No habitable use shall be permitted in the basement.

3. Permitted uses in Basement of a Hospital Building:

Radiation-producing device, Radiation Therapy Room, MRI

or X-Ray room. This shall be permissible only if the

basement layout is not shown as parking for approval.

4. For basements exclusively for parking, any other permissible

use is permitted only in basement level-1 up to a maximum

area of 10% of the total built-up area of the basement floor.

This non-parking area shall be calculated towards the

computation of FAR.

5.2.2

Parking :

5.2.2.1

Private Parking (On the plot) :

5.2.2.1.1 General Requirements for Parking :

1. Parking requirement for a Mixed-Use development shall be

calculated on pro rata basis of the FAR consumed specific to

the different uses.

2. Parking is permitted at any floor level above ground and at

more levels or basement as per required parking, with

provision of vehicular ramp/mechanized means/car lifts.

3. Parking area includes parking space, driveway and aisles but

excludes approach road, vehicular lift and vehicular ramps.

4. Parking layouts with minimum size requirements for parking

space, driveways and access lanes shall be provided as

mentioned ahead.

5. Parking shall be permitted in side or rear Setbacks except in

Approach Road as per Regulation 5.2.1.5.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

89

6. Parking area should be retained as effective parking space and

shall be maintained with light and ventilation system if

provided in an enclosed area.

7. In cases where misuse of parking space is noticed, the use of

the entire building shall be discontinued by the BPIA.

Building use shall be permitted only after the required

parking spaces are provided. High penalty shall be levied

considering the period of misuse of the parking space and the

benefit derived out of misuse as decided by the BPIA from

time to time.

8. If parking is provided on a terrace with vehicular elevator,

vehicular ramp is not necessary if parking space is provided

with provision of floor sprinklers.

9. Parking shall not be permitted within an Atrium.

10. At the time of approval an agreement/affidavit regarding the

areas in basement/stilts/open shown for parking shall be

furnished by the applicant to the concerned authority

mentioning that aforesaid part (parking) shall not be sold to

any body and it shall remain for parking only, this area shall

remain in joint possession of the occupants of the building. In

case of violation concerned authority will be authorized to

demolish any such construction with or without prior notice.

5.2.2.1.2 General Space Requirement for Parking :

1. Location

The parking spaces can be provided in basement or on a floor

supported by stilts or on upper floors/podium and uncovered

spaces in a plot. However, no parking spaces will be

permitted in the Setback open spaces as required to be

provided as per Regulation No. 5.2.4.7 & 5.2.4.8.

2. The deck parking inclusive of car lifts & passages shall be

counted in FAR.

90

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

3. Area of Parking Space: The area of parking spaces shall be

provided as given below:—

Table No. 5—5 Parking requirements

S.

No.

Use

Parking requirement

1

2

3

1

Residential

Residential (R1) for

Plots more than 50

sq. m.

Minimum

Parking

requirement

for

individual plotted housing shall be

calculated @ 0.25 ECS for every

40 Sq. m. of built-up area.

Group Housing

• Up to 50 Sq. m/EWS 0.25 ECS

• Above 50 Sq. m to less than 100 Sq. m

0.5 ECS

• From 100 Sq. m up to 120 Sq. m

1.0 ECS

• Above 120 Sq. m up to 180 Sq. m

1.5 ECS

• Above 180 Sq. m 2.0 ECS

2

Commercial

Single Shop

• 2.0 ECS/100 Sq. m F.A. (if F.A.

exceeds 50 sq.m)

Shopping Cluster

• 2.0 ECS/100 Sq. m F.A.

Commercial

Complex

• 2.0 ECS/100 Sq. m F.A. up to plot area

4000 Sq. m

• 2.5 ECS/100 Sq. m F.A. above 4000

Sq. m plot area

Cinema/Cineplex

• 1 ECS for 3 seats of Cinema

• 2 ECS/100 Sq. m F.A. for other uses

incidental to Cinema/Cineplex

Hotel

• 1 ECS for 3 Guest Rooms

• 2 ECS/100 Sq. m F.A. for other uses

incidental to Hotel

• For Conference Halls/Party Halls/Bars/

Restaurant (excluding entrance Hotel

lobby/Atrium) min. parking @ 1.5

ECS/10 Sq. m shall be provided

Mall/Multiplexes

• 1 ECS for 3 seats of Cinema

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

91

1

2

3

• 2 ECS/100 Sq. m for additional area

under

uses

incidental

to

Malls/

Multiplexes

• For Party Halls min. parking @1.5ECS

for 10 Sq. m shall be provided

Banquet

Hall/Community

Centre/Janjghar

For plots min. 6000 Sq. m up to less than

10000 Sq. m

• Min. 150 ECS up to 1000 Sq. m of

built-up area.

• For more than 1000 Sq. m an additional

parking @ 1.5 ECS/10 Sq. m shall be

provided.

For plots above 10000 Sq. m

• In addition to above category, an

additional parking @ 6 ECS/500 Sq. m

plot area shall be provided

Restaurant/Fast

Food Bar

1.0 ECS for every 3 seats

3.

Public-Semi-public/Institutional Use

Offices:

General/Government

Offices/Integrated

Office Complex

• 2.0 ECS/100 Sq. m F.A.

4.

Education

Primary/Middle/

Secondary & Hr.

Sec. schools

•

For the Administrative & public Area

of the School 1.5 ECS per 100 Sq. m

built-up area or part thereof.

•

For Every 3 Class Room-1 LCV

College/Research

Centre

• For the Administrative & public Area

of the School 1.5 ECS per 100 Sq. m

built-up area or part thereof.

• For Every 3 Class Room-1 LCV &

1ECS

Coaching Classes

For every 20 Students-1 ECS

5.

Hospitals/Health

Centre/Nursing

Home/Radio

Diagnostic

Centre/

Microbiological/

pathological

• 2.0 ECS/100 Sq. m F.A.

92

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

1

2

3

6.

Religious Premises

• 1 ECS/100 Sq. m F.A.

7.

Police Post/Police

Station/Fire

Station/Post &

Telegram

Office/Bank/General

Public-Semi-Public

Premises

• 2.0 ECS/100 Sq. m F.A.

8.

Hostel

• 1.5 ECS/100 Sq. m F.A.

9.

Guest House,

Boarding House and

Lodging House

• 2.0 ECS/100 Sq. m F.A.

ECS value shall be taken as:

S.

No

On Ground

Basement

Stilts

Mechanized

Rotating

1

18.0 Sq. m/ECS

28.0 Sq. m/

ECS

23.0 Sq. m/

ECS

16.0 Sq. m

5.0 Sq. m

•

For Four-wheeler :

1. Basement parking shall be permitted on plot abutting

Minimum Road width 12 m or above.

2. Basement parking shall be permitted on plot having minimum

plot width 18 m or more and minimum plot depth 20 m or

more.

3. Side and Rear Setbacks for Basement parking shall be as per

Regulation 5.2.4.1, 5.2.4.2.

4. Minimum driveway 4.5 m for one-way circulation, 6 m for

two-way circulation.

5. Minimum Four-wheeler bay size shall be 2.5 m x 5 m.

6. The height of basements from floor to ceiling shall be as per

Regulation no. 5.2.4.7. The ramp within Setbacks shall be

permissible subject to free and convenient movement of fire

tender.

7. Adequate fire safety, light and ventilation and air change

through mechanical means shall be provided.

8. Permissible uses in basements shall be as per Regulation

No. 5.2.4.7.

9. Basement parking can also be Mechanized instead of

conventional ramps.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

93

10. Combination of two-wheeler and four-wheeler vehicle

parking shall be allowed.

5.2.2.1.3

Common Parking Space :

If the total parking space as required by these Regulations is

provided by a group of property owners for their mutual benefit

within a distance of 500 m from their property, such common

use of space for parking may be construed as meeting the off-

street parking requirements under these Regulations subject to

the approval of the concerned area authority. If such common

parking space is proposed for a group of buildings, the owners of

such buildings shall submit a layout thereof and also a registered

undertaking stating that the area earmarked for the parking space

will not be built upon and will be utilized for parking purpose

only.

5.2.2.1.4 Parking for Non-Motorized Vehicular Zone (NMV

Zones) :

For NMV Zones required parking space shall be provided as

per Regulation No. 5.2.5.1.2 in the premises itself. If the

required parking space cannot be provided, then plot owners

can pay parking facility charges as per Regulation No. 5.2.7.5.

5.2.3

Premium/Charges

for

Mixed-use,

Commercial-Use,

Additional F.A.R. & Parking in Respective Zones:

Table No. 5—6 Premium/Charges

Particulars

R

M

C

PSP

Value Capture Fund

Applicable

Applicable

Applicable

Applicable

Mixed-Use (annually)

(as

per

regulation

No. 5.2.4.4

Applicable

N.A.

N.A.

N.A.

Commercial-Use (one

time)

(as

per

regulation No. 5.2.4.2)

N.A.

Applicable

Applicable

N.A.

Additional

F.A.R.

(one-time)

(as

per

regulation No. 5.2.4.3)

N.A.

Applicable

Applicable

Applicable

Parking

Charges

(one-time)

(as

per

regulation No. 5.2.4.5)

Applicable

Applicable

Applicable

Applicable

Amalgamation

Charges

(one-time)

(as per regulation No.

5.2.4.6)

Applicable

Applicable

Applicable

Applicable

94

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

5.2.4

Value Capture Finance :

Following are the Value Capture Finance Methods and

Regulations respectively.

5.2.4.1

Value Capture Fund :

1.

Value Capture Fund is applicable on Influence Zone.

Influence Zone will be 60 m on either side of RoW

developed for public transport system and the roads must be

with RoW 18 m and above.

2.

For the properties abutting to the road as prescribed above,

the Value Capture Fund should be at the rate of 3% on

Stamp Duty Rate.

3.

For the properties which are not abutting the road and

backside of the road facing properties, the fees shall be at the

rate of 1.5% on Stamp Duty Rate.

4.

The above fees shall be charged at the time of building

permission by Implementing Agency.

5.2.4.2

Commercial Use Charges :

1.

These are the charges for the Commercial use, shall be taken

as premium on FAR and shall be payable once.

2.

These charges shall be applicable for M Zone and C Zone.

3.

Commercial use charges will be calculated as—

Total payable Fee = (Plot/Land area) x (Consumed FAR) x

(land value, Prevailing collector rate) x 0.03.

5.2.4.3

Premium on additional FAR :

1.

These are the charges for additional Floor Area Ratio (FAR)

and shall be payable once.

2.

These charges shall be applicable for R-C zone, C zone, PSP

Zone.

3.

The additional FAR permitted shall not exceed the FAR as

permitted.

4.

An application for availing additional Floor Area Ratio

(FAR) shall be made to the BPIA. Such application shall be

accompanied by the requisite documents and a fee of

Rs. 5000. The BPIA after examination of the application

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

95

may allow additional floor area ratio to the applicant to the

extent permitted in rule hereinabove.

5.

The application for grant of additional FAR shall be

considered only in case the plot in question is a part of a

layout plan duly approved by the BPIA.

6.

Premium on Additional FAR will be calculated as

follows :—

= (Purchased Additional FAR in Sqm.) x (25% of the

prevailing Stamp Duty Rate)

7.

The Sale/Purchase or Transfer of development rights shall be

as per the Government Policy and regulations.

8.

After purchase of additional FAR, Authority will issue the

certificate of extra FAR purchased from the Authority. Only

after getting the certificate, the property owner will get the

building permission for additional FAR.

5.2.4.4

Premium on Mixed use :

1.

These are the charges for the Mixed use (non-residential use)

in the residential use if allowed in Master Plan and shall be

payable annually.

2.

These charges shall be applicable for R Zone.

3.

Premium on Mixed Use will be calculated as follows.

4.

Total payable amount: (Prevailing Stamp Duty Rate (per

Sqm) x 0.01 x (Total Area used as non-residential).

5.

As per the mixed-use policy, use of non-residential activity

in residential building shall pay the above prescribed charges

before building permission. These charges shall be paid

before building permission.

6.

Any mixed use which is in existence in residential area, the

owner shall get the revised approval from BPIA within 2

years from the date of notification of these regulations. If the

owner fails to get the revised permission then, owner will be

penalized 5 times the additional charges for the mixed use

for the period after the date of notification.

7.

These mixed-use charges which will be deposited with the

ULB, the particular amount will be used for infrastructure

development and parking development.

96

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

8.

The ULB has a right to inspect, penalize the properties

which are under mixed use category.

5.2.4.5

Premium on Parking :

These charges shall be applicable for R Zone, M zone, C zone,

PSP Zone.

If required parking space cannot be provided due to plot size

constraints, then plot owners can pay parking facility charges as

follow:

Parking Charges = (Prevailing Stamp Duty Rate) x 25% x (Total

Required Parking Area)

5.2.4.6

Premium on Plot amalgamation (Subject to Policy) :

These charges shall be applicable for R-Zone, M zone, C zone,

PSP Zone.

Plot amalgamation charges will be calculated as

1.

For R.—Zone

Premium = (Total amalgamated

land in Sqm) x Rs. 100

2.

For M-Zone & C-Zone

Premium = (Total amalgamated

land in Sqm) x Rs. 200

3.

For PSP-Zone

Premium = (Total amalgamated

land in Sqm) x Rs. 50

5.2.4.7

Design consideration for Streets :

1.

Provision of Footpaths on all streets, except on traffic

calmed small streets.

2.

Footpath shall be continuous, unobstructed and minimum

width shall be as per figure below.

3.

Provision of Bus Stops (Shall not create hindrance for

pedestrians) and Safe pedestrian crossings near Bus stops.

4.

Provision of unobstructed Street Furniture’s.

5.

Litter/Trash bin.

6.

Informatory and cautionary signages (as per IRC guidelines).

7.

Space for Public toilet (unobstructed).

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

97

8.

All the Underground utilities for e. g. : storm water drainage,

sewerage lines, water pipe line, telecom line etc. shall be as

per section proposed in the annexure.

9.

Road markings (as per IRC guidelines).

Note:—Refer and follow Street Design as per IRC guidelines for

detail design regulations.

5.2.5

Regulations for Environmentally Conservation Green Zone

(CG) :

1.

It is an environmentally conserved land-use where no

building construction is permitted.

2.

Development activities within this zone shall confirm to the

regulations given hereunder :—

a. The green buffer along the Nallas/Rivers or the open

space along the River/tributary shall be minimum 30 m

from the highest water level or as provided in the master

plan/zonal development plan or as provided under Water

Regulatory Act, whichever is more.

b. Development

of

road/mechanized

parking/off-street

parking shall be permissible in this zone by the BPIA.

c. Plantation and sit outs, shall be permissible within this

zone by the BPIA.

d. Development permissions for Recreational activities or

sightseeing areas shall be given in these regulations

within this zone by the BPIA.

e. Structures of historical/heritage importance in this zone

shall be preserved. Any restoration works needed to be

carried out shall be encouraged with the permission of the

BPIA.

f. Existing building coming within this zone shall not be

allowed to add any additional coverage or F.A.R.

5.2.6

Regulations for Redevelopment Parcels :

The following regulations are applicable for the Redevelopment

land parcels.

98

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

5.2.6.1

Permissible Uses :

5.2.6.1.1

Permissible

Uses

for

Redevelopment

area

lying

indominant zone :

Permissible uses and Non-Permissible uses shall be as per the

dominant zone on which the Redevelopment Parcel lies and

shall be as per Regulations no. 5.1.3 above.

1. The percentage of permissible uses allowed on Total

Built-up area of Redevelopment Parcel shall be as per

Table below:—

Table No. 5—7 Permissible uses of a Redevelopment Parcel lying

on specified predominant land-use

S.

No.

Permissible

Use

Percentage of Permissible uses on Total Built-up

area of Redevelopment Parcel

If, it

lies

in

Predominantly

Residential zone

If,

it

lies

in

Predominantly

Commercial zone

1.

Residential

70 %

40%

2.

Commercial

20%

50%

3.

PSP

10%

10%

Note:—

1. Area under PSP may be accommodated in Residential or

Commercial as per requirement.

5.2.6.1.2 Permissible Uses by Road width :

The Minimum width of the abutting road shall not be less than

15 M for redevelopment parcels.

5.2.6.2

Development of Land :

1.

Minimum area of the land/plot for redevelopment shall be

0.2 Hectare, plot may be owned by an individual/society or

pooled of different owners or by government body.

2.

Aforesaid plot/land for Redevelopment, must have planning

permission in which the city level circulation is coordinated,

essential provisions for sector/sub sector level amenities,

facilities, utilities and services and provision for informal

sector shall be ensured.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

99

3.

Development of Redevelopment Parcels shall be permissible

only if, minimum Plot width/Land Frontage is 30 m on the

abutting road with minimum width of not less than 18 m.

Note:—

Provision for economically weaker section shall be incorporated

in the Redevelopment Layouts as per JK Housing Policy, 2020

or the policy of the Government laid down from time to time.

5.2.6.3

Permissible Floor Area Ratio (FAR) For Redevelopment

Parcels :

1.

The base FAR for Redevelopment Parcel shall be as per

5.2.1.1 & 5.2.1.2.

2.

Additional FAR purchasable shall be as permitted by

Government.

3.

Area covered by Atrium and mezzanine floors shall be

counted towards computation of FAR.

5.2.6.4

Building Height for Redevelopment Parcels :

The Maximum Permissible Building Height shall be as per

provisions of Regulation No. 5.2.1.1 & 5.2.1.2 and regulated

according to the width of the road on which it abuts as

mentioned in the above-mentioned regulation.

5.2.6.5

Setbacks for Redevelopment Parcels

5.2.6.5.1

Road Side Setbacks for Redevelopment Parcels :

The Setbacks for any building development shall be as per

Regulation No. 5.2.1.1 & 5.2.1.2 whichever implies.

5.2.6.5.2

Minimum Setback between Buildings :

1.

Minimum distance between two buildings shall be 1/3rd the

height of taller building.

2.

If two buildings next to each other have different heights,

required Setback for taller building shall be applicable. For

example—if one building is of 25 ms and the adjacent

building is of 45ms in height, the minimum Setback between

these two buildings shall be 15.0 ms.

100

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

5.2.6.5.3

Permissible Ground Coverage :

1.

The maximum permissible ground coverage shall be 50%.

2.

Minimum Common Open Space of 10% shall be provided

and no edge of such open space shall be less than 7.5m.

5.2.6.6

Parking :

1.

The parking norms for Redevelopment parcels shall be as

per Regulation no. 5.2.5.1.2.

2.

Provision of individual parking shall be compulsorily

provided for every redevelopment land parcel.

5.2.7

Regulations for Urban Heritage Area

5.2.7.1

Applicability :

These Regulations will apply to those buildings, artefacts,

structures and/or precincts of historical and/or aesthetical and/or

architectural and/or cultural value.

5.2.7.2

Restriction on Development/Redevelopment/Repairs, Etc. :

1.

No development or redevelopment or engineering operations

or additions, alterations, repairs, renovation including the

painting of buildings, replacement of special features or

demolition of the whole or any part thereof or plastering of

listed/heritage buildings or listed Heritage precincts shall be

allowed except with the prior written permission of the BPIA

in consultation with the Heritage Conservation Committee to

be appointed by Government. The BPIA may overrule the

recommendations of the said Heritage Conservation

Committee by recording reasons in writing.

2.

In relation to religious buildings, the changes, repairs,

additions, alterations and renovations required on religious

grounds mentioned in sacred texts or as a part of holy

practices laid down in religious codes shall be treated as

permissible, subject to their being in accordance and

consonance with the original structure and architecture

designs, aesthetics and other special features thereof.

Provided that before arriving at his decision, the BPIA may

take into consideration the recommendations of the Heritage

Conservation Committee.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 101

3.

Identified and listed heritage building even under private

ownership will not be allowed to be demolished.

5.2.7.3

Power to Alter, Modify the List of Heritage Buildings and

Heritage Precincts :

The list of buildings, artefacts, structures and precincts of

Historical, and/or aesthetical and/or architectural and/or cultural

value to which this Regulations applies may be supplemented,

altered, deleted or modified from time to time by Government on

receipt of proposals from the BPIA or by the Government.

5.2.7.4

Grant of Transferable Development Rights in Case of Loss

of Development Rights :

If any application for development is refused under this

Regulations and conditions are imposed while permitting such

development which deprive the owner/lessee of any unconsumed

development rights, the said owner/lessee shall be compensated

by grant of Development Right. Certificate in terms of TDR as

per TDR policy. The extent of TDR permissible will be

difference between the permissible development rights on the

plot and the consumed BUA of the heritage structure. The grant

of TDR shall be subject to a contract between the owner/lessee

and concerned authority/development authority, binding the

owner/lessee to conserve the heritage building in a prescribed

manner.

5.2.7.5

Grading of The Listed Buildings/Listed Precincts :

The list of Heritage Building, Heritage precincts, “Grades” such

as “I”, or “II” will be formulated. The meaning of these Grades

and basic guidelines for development permissions are as follows:

Table No. 5—8 Grading of the Listed Buildings/Listed Precincts

S. No.

Grade-I

Grade-II

1

2

3

1.

Scope-Heritage Grade-I com-

prises building/precincts, of

regional or local importance,

possessing special architectural

or aesthetical merit or cultural

Heritage Grade-II comprises

of buildings and precincts

of importance for town scape,

they

evoke

architectural,

aesthetic or sociological interest

102

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

1

2

3

or historical value, though of a

lower order. They are local

landmarks contributing to the

image and identity of the city.

They may be the work of

master craftsmen or may be

models of proportion and

ornamentation, or designed to

suit particular climate within

the premises of Heritage

Grade-I buildings (open

space/compound) of which

independent/separate additional

building(s)/structure(s) may be

permitted to be constructed,

owing to the availability of

adequate surrounding open

space and unconsumed F.A.R.,

will be assigned as Grade-IB.

The remaining Grade -I

buildings will be assigned

Grade-IA.

though not as much as in

Heritage

Grade-I.

These

contribute to determine the

character of the locality, and

can be representative of a life

style of a particular community

or region and may also be

distinguished by setting of a

street-line or special character

of the facade and uniformity of

height, width and scale.

2.

Objective- Heritage Grade-I

deserves

intelligent

conser-

vation.

Heritage

Grade-II-Deserves

protection of unique features

and attributes.

3.

Scope

for

development-

Grade-IA:

In addition to the scope for

development permissible for

Grade-I, internal changes, and

adaptive reuse may be generally

allowed.

In

certain

circumstances, extension of a

External and internal changes

and

adaptive

reuse

would

generally be allowed. Changes

can

include

extensions/

additional buildings in the same

plot or compound provided that

extension/additional building is

in harmony with and does not

detract

from

the

existing

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 103

1

2

3

Grade-IA heritage building may

also be allowed; provided that

such extension shall be in

harmony with (and shall not

detract from) the Grade-IA

heritage building concerned or

precinct, especially in terms of

height and/or facade. External

changes too may be permitted,

subject to strict scrutiny. Care

should be taken to ensure the

conservation

of

all

special

aspects/features of Grade-IA

building concerned.

Grade-IB:

In addition to above, additional

building(s) in the same plot or

compound

may,

in

certain

circumstances,

be

allowed;

provided that, such additional

building(s) shall be in harmony

with (and shall not detract

from) the Grade-IA heritage

building(s)

or

precinct,

especially in terms of height

and/or

facade

and

such

buildings shall be termed as

Grade-IB heritage buildings.

heritage

building/precincts

especially in terms of height

and/or facade. Reconstruction

may be allowed when the

building is structurally weak or

unsafe or when it has been

affected by accidental fire or

any

other

calamity

or

if

reconstruction is required to

consume the permissible F.A.R.

and

no

option

other than

reconstruction is available.

Reconstruction may also be

allowed

in

case

of

those

buildings which attract the

provisions of reconstruction,

may

be

allowed

in

those

buildings

being

repaired/

reconstructed by Development

Authority.

However,

unless

absolutely

essential

nothing

should spoil or destroy any

special features or attributes for

which it is placed in the

Heritage List.

4.

Procedure:

Development permission would

be given by the Concerned

Development

Authority

in

consultation

with

Heritage

Conservation Committee.

Development permission would

be given by the concerned

authority in consonance with

guidelines to be laid down by

Government

in

consultation

with

Heritage

Conservation

Committee.

104

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

1

2

3

5.

Vistas/Surrounding

Development-All the develop-

ment in the areas surrounding

Heritage

Grade-I

shall

be

regulated

and

controlled,

ensuring

that

it

does

not

overshadow the grandeur of or

views

from

Heritage

Grade-I.

5.2.8

Urban Design Regulations

5.2.8.1

Corner Articulation :

Buildings located at the corner of intersection/T-intersection

plays an important role for Heritage Precinct Area as well as for

the entire Planning area. Hence such Buildings shall have to

provide a chamfer of 3m or rounded corner with 3m radius.

Figure 72 Corner articulation

5.2.8.2

Mandatory Building Line :

All developments on the streets shall follow existing dominant

front setback as suggested in this chapter.

General Note.

Table 5-9

Plinth Level (Ground Floor Finish

Level)

Consistent 300 mm from centre of

Road Line

Public Walkway Level

150 mm from centre of Road Line

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 105

Signage Height/Shop front Glass

Height

To be Consistent 3.0 m high from

Walkway Level with Clear Shop

Front Glass Height of 2.7 m

Min. Ground Floor Clear Height

3.0 m (Clear from Bottom of Slab

to Walkway Top of Finish)

Notes:—

1. Continuity of Street-Wall: All buildings to align with adjacent

building including Ground Floor Shop front.

2. Awning Projection: All Shop fronts to provide 1.5 m wide retractable

Awning of approved Design and Color to be fixed @ 3.2 m from

Road Level.

3. Signage: Signage should not be more than 300mm thick. Signage

Color for every Street shall be as per Advertisement Guidelines as

notified by concerned development authority.

4. No Projection is allowed in Right of Way Line/Setback Line, in case

there’s requirement of Balcony that should be designed as a

concealed/covered balcony within the setback limits.

5. Steps/ramps for approaching plinth shall not be allowed in the front

MOS.

5.2.8.3

Mandatory Facade guidelines :

After detail DPR for facade design guidelines for individual

street, owner shall mandatory follow the same.

5.2.8.4

Extensions to Existing Buildings :

The proposed extension should be developed with due

consideration its appearance and effect on the street scene, its

impact on the amenities of neighbouring buildings. The proposed

extensions should conform to Urban Design Guidelines for

respective Street.

In addition to the Urban Design Guideline for Particular Street,

the Proposed Extension to existing building should follow

additional guidelines as listed below relating to the size and

design of extensions, and the circumstances where extensions

are generally acceptable, are intended to act as a guide for

building owners. The design and layout of extensions should

reflect the design and proportions of the original building

106

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

particularly for building with Traditional Features and building

older than 15 years, for example:—

•

Doors and windows should reflect the size, style and

sill/lintel of the original.

•

Materials should match or be in harmony with those of the

original building.

•

If the original building had a pitched roof, proposed

extension/alteration should also have similar roof form.

•

Where an existing building is adjoining a road on two sides,

i.e., a corner plot, the extension should incorporate sufficient

space for turning radius of vehicles as defined by Guidelines.

5.2.8.5

Advertisements/Signage :

•

All Advertisement and Signage to be installed in Urban

Design Control Area would require permission from

concerned Planning Authority unless specific exemption is

provided in Guidelines. The following criteria will be

applied to all advertisements requiring planning permission.

•

Advertisement/Signage hoardings and free-standing signs

will not be allowed, except where they are installed on a

temporary basis, to screen vacant, untidy or under-

construction sites.

•

Advertisements/Signage on building should be of a scale and

design which relate to the style of the premises on which

they are to be displayed. Illuminated fascia signs should be

no deeper than 300 mm. The illumination of individual

letters is preferable to the illumination of the whole sign.

•

Advertisements/Signage on side walls and at first floor level

will not be allowed.

•

Projecting signs shall not be allowed except in certain

specific cases which would too should be restricted one sign

per building and should not project more than 750 mm

(including brackets). On illuminated signs, the letters only

should be illuminated. Such Projecting Signs should be

3.5 m above Road Level.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 107

•

Signs and advertisements on shop fronts will normally be

restricted to ground floor front wall area in the space

provided in the Urban Design Guidelines.

5.2.8.6

New Shop fronts/Renovated Buildings :

•

New shop fronts/Renovated Buildings should respect the

scale and design of the premises in which they are installed.

•

New shop fronts/Renovated Buildings should not involve the

removal or alteration of features which are of historical or

architectural interest.

•

Existing windows should not be enlarged above ground floor

level, nor should Ground Floor Façade theme extend above

the level of the first-floor window sills.

•

New Façade should not link multiple building units which

are individual and distinct.

•

In Commercial areas, where owner requires a roller shutter

then a roller grille should be provided in preference to a

solid roller shutter. The roller box housing should be

concealed where possible. Also, wherever possible Shutter

should be on the inside shop front/shop face such that Shop

front is visually accessible during closed hours.

5.2.8.7

Buildings in Heritage Zone :

•

The Authority expects the design of shop fronts and the

fronts of commercial premises, to be of a high standard in

Heritage Zone.

•

Materials used should be in keeping with the character of the

building.

•

Where a commercial Corporate Style is required it should be

adapted to particular building’s existing theme.

•

Stall risers should be retained or replaced where they have

previously been removed, as they provide a visual base to

the shop front. Stall riser can also act as Public Seating along

Vehicular Street and should be encouraged.

5.2.8.8

Advertisements in Heritage Zone :

•

Advertisements within Heritage Zone should be designed so

that they are in keeping with the character of the building

and the area as a whole.

108

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

•

Where illuminated advertisements should not be internally

illuminated but externally lit by spotlight Individually

illuminated letters may be acceptable.

•

Large/Modern illuminated signs and illuminated projecting

signs on listed buildings/Heritage Street shall not be allowed.

Advertisements should be of a size, design and of materials

that complement the character of the building/street.

5.2.8.9

Street Specific Guidelines :

•

Every street has its distinct character by its economic and

cultural value, it should be reflected by its design guidelines

like:

•

Some of the buildings with the distinct architecture style

should be preserved as it is with some modification in colour

and design if required.

•

Colour and design elements on building facade along with

signage colours should be inspired by local heritage building

in vicinity which will provide the street its legibility.

•

Design and colour of all the street and urban elements like

railing, street light poles, urban signage, benches, etc. should

be inspired from local heritage.

•

Building colour and paving on the road should respond to

each other.

CHAPTER 6

SPACE REQUIREMENT FOR DIFFERENT

PARTS OF BUILDING

6.1

Main Building :

The plinth of any part of a building or house shall be located

with respect to average road level of site so that adequate

drainage of the site is assured but not at a height less than

45 cm.—

(a)

Habitable rooms shall have minimum plinth height of

0.45 m from the ground level.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 109

(b)

Parking garage may have no plinth.

(c)

The ground floor of a building may be permitted on

stills/pillars instead of a solid plinth with a height of 2.4 m.

In case of slabs with beams height should not exceed

2.8 m. and further that this space shall at all the time

be kept free from any enclosure except for genuine

stair-case :

Provided further that an electric m room, room for

telephone D.B. bath-room, watch room, stair case room,

pump room, water closet, servant room, security cabin

may be permitted subject to maximum built up area of

15 Sq. m. allowed with a minimum plinth height of 30 cm

and this area shall not be considered towards computation

of FAR.

6.2

Interior courtyards, covered parking spaces and garages :

These shall be raised at least 15 cm above the surrounding ground

level and shall satisfactorily drained.

6.3

Habitable room size and width :

The minimum size and width shall be as given NBC-2016.

6.4

Non –residential Buildings :

The minimum area for office/room/shop or any other space to be

used as workspace shall not be less than 6.0 sq. m. with a

minimum width of 2.1 m.

6.5

Kitchen :

Any room to be used as kitchen shall have :

(a)

Unless separately provided in pantry, means for washing

of kitchen utensils, which shall lead directly or through

a sink to a grated and trapped -connection to the waste

pipe ;

(b)

An impermeable floor ;

110

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

(c)

At least a window not less than 1 Sq.m in area open

directly to an interior or exterior open space, but not into a

shaft ; and

(d)

In residential building 15 m. or more in height refuse

chutes.

6.6

Bathroom and W.C. :

Every bathroom or water closet shall—

(a)

Be so situated that at least one of its walls open to external

air and shall have a minimum opening in the form of

window or ventilation to the extent of 0.37 sq. m.

(b)

Not to be directly over any room other than another

latrine, washing place, bath or terrace unless it has a

watertight floor.

(c)

Have the platform or seat made of watertight non-

absorbent material.

(d)

Be enclosed by walls or partitions and the surface of every

such wall partition shall be finished with a smooth

impervious material to a height of not less than 1.0 m.

above the floor of such a room.

(e)

Be provided with an impervious floor covering, sloping

towards the drain with a suitable grade and not towards

Verandah or any other place.

(f)

Have a window or ventilator, opening to a shaft or open

space, of area not less than 0.3 Sq. m. with side not less

than 0.3 m.

(g)

No room containing water closets shall be used for any

purpose except as a lavatory.

(h)

Every water closed and/or a set of urinals shall have

flushing cistern of adequate capacity attached to it.

(i)

A toilet on terrace having a maximum of 2.2 m height

shall be permitted to condition that the area of toilet be

counted in FAR.

(j)

All the sewerage outlets shall be connected to the

Municipal Sewerage system. Where no such system exists,

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 111

a septic tank shall be provided within the plot conforming

to the requirements.

6.7

Mezzanine floor

6.7.1 Height :

It shall have a minimum height of 2.2 M.

6.7.2 Size :

The minimum size of the mezzanine floor if it is to be used as a

living room shall not be less than 9.5 sq. m. The aggregate area of

such mezzanine floor in a building shall in no case exceed one-

third the plinth area of the building.

6.7.3 Other Requirements :

A mezzanine floor may be permitted over a room or a

compartment, provided,—

(a)

it conforms to the standard of living rooms as regards

lighting and ventilation in case the size of mezzanine floor

is 9.5 sq. m. or more;

(b)

It is so constructed as not to interfere under any circumst-

ances with the ventilation of the space over and under it;

(c)

Such mezzanine floor is not subdivided into smaller

compartments;

(d)

Such mezzanine floor or any part of it shall not be used as

a kitchen; and

(e)

In no case shall a mezzanine floor be closed so as to make

it liable to be converted into unventilated compartments.

6.8

Corner site :

When the site fronts on two streets, the frontage would be as on the

street having larger width. In cases, where the two streets are of

same width, then the larger depth of the site will decide the frontage

and open spaces. In such case the location of a garage (on a corner

plot) if provided within the open space shall be located diagonally

opposite the point of intersection.

112

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

6.9

Damp site :

Wherever the dampness of a site or the nature of the soil renders

such precautions necessary, the ground surface of the site between

the walls of any building erected thereon shall be rendered damp

proof to the satisfaction of the authority.

6.10 Distance from electric line :

An overhead line shall not cross an existing building as far as

possible and no building shall be constructed under an existing

overhead line. No accessible point from any Verandah, balcony, or

the like shall be allowed to be erected or re-erected or any

additions or alterations made to a building not having the following

minimum clearances from an overhead electric supply line, in

accordance with the current Central Electricity Authority

(Measures

Relating

to

Safety

and

Electric

Supply)

Regulations, 2010 as amended from time to time :

(a)

Clearance of buildings from lines of voltages and service

lines not exceeding 650V :

(i)

An overhead line shall not cross over an existing

building as far as possible and no building shall be

constructed under an existing overhead line.

(ii) Where an overhead line of voltage not exceeding 650 V

passes above or adjacent to or terminates on any

building, the following minimum clearances from any

accessible point, on the basis of maximum sag, shall be

observed.

(iii) For any Flat Roof, Open Balcony, Verandah roof and

Lean-to-roof :

•

Where the line passes above the building, a vertical

clearance of 2.5 m from the highest point, and

•

When the line passes adjacent to the building, a

horizontal clearance of 1.2 m from the nearest point,

and

(iv) For pitched roof :

•

Where the line passes above the building, a vertical

clearance of 2.5 m immediately under the line, and

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 113

•

When the line passes adjacent to the building, a

horizontal clearance of 1.2 m.

(v) The horizontal clearance shall be measured when the

line is at a maximum deflection from the vertical due to

wind pressure.

(vi) Any conductor so situated as to have a clearance less

than that specified above shall be adequately insulated

and shall be attached at suitable intervals to a bare

earthed bearer wire having a breaking strength of not

less than 350 kg.

(b)

Clearances front buildings of lines of voltages exceeding

650 V :

(i)

An overhead line shall not cross over an existing

building as far as possible and no building shall be

constructed under an existing overhead line.

(ii) Where an over head line of voltage exceeding 650 V

passes above or adjacent to any building or part of a

building, it shall have on the basis of maximum saga

vertical clearance above the highest part of the building

immediately under such line, of not less than:

For

lines

of

voltages

exceeding 650V

3.7 m up to and including 33 KV; and

For

lines

of

voltages

exceeding 33 KV

3.7 m plus 0.30 m for every additional

33 KV or part thereof.

(iii) The horizontal clearance between the nearest conductor

and any part of such building shall, on the basis of

maximum deflection due to wind pressure, be not less

than:

For lines of Voltages exceeding 650 V

and up to and including 11 k

1.2 m

For lines of voltages exceeding 11 KV

and up to and including 33 KV.

2.0 m

For lines of voltages exceeding 33 KV

2.0 m plus 0.30 m for

every additional 33 KV

or part thereof.

114

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

(iv) For high voltage direct current (FTVDC) systems,

vertical clearance and horizontal clearance, on the basis

of maximum deflection due to wind pressure, from

building shall be maintained as below:—

Table 6-1: Vertical and Horizontal Clearence for High Voltage

Direct Current

S. No.

D.C

Voltage

Vertical

Clearance

Horizontal Clearance

1

100

4.6

2.9

2

200

5.8

4.1

3

300

7

5.3

4

400

7

6.2

5

500

9.1

7.4

6

600

10.3

8.6

7

800

12.4

10.7

Source:—NBC 2016

6.11

Loft and Ledge

6.11.1 Height :

The minimum headroom for loft and ledge shall be 2.2 m.

6.11.2 Size :

A loft and ledge in a habitable room shall not cover more than 25

per cent of the area of the floor on which it is constructed and

shall not interfere with the ventilation of the room under any

circumstances.

6.12 Chimneys:

The chimneys shall be built at least 0.9 m above flat roofs,

provided the top of the chimneys is not below the top of the

adjacent parapet wall. In the case of sloping roofs, the chimney

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 115

tops hall not be less than 0.6 m above the ridge of the roof in

which the chimney penetrates.

6.13 Parapet :

Parapet walls and hand rails provided on the edges of roof

Terraces, Balcony, Verandah etc. shall not be less than 1.0 m

and not more than 1.2 m in height from the finished floor level.

Note:—

(a)

The above shall not apply where roof terrace is not

accessible by a staircase.

(b)

However, on terrace floor in the portion where

installations like DG Set, Water Tank and other, screening

parapet of a suitable height may be constructed to hide

such equipments etc. and there is no need to have uniform

increase in the height of the parapet.

6.14 Cabin :

The size of cabins shall not be less than 3.0 Sq. m. with a

minimum width of 1.0 m. The clear passages within the divided

space of any floor shall not be less than 0. 75 m and the distance

from the farthest space in a cabin to any exit shall not be more

than 18.5 m. In case the subdivided cabin does not derive direct

lighting and ventilation from any open spaces/mechanical means.

The maximum height of the cabin shall be 2.2m.

6.15 Boundary Wall :

The requirements of the boundary Wall are given below:—

(a)

Except with the special permission of the Authority. The

maximum height of the compound wall shall be 1.75 m

above the centre line of the front street. Compound wall up

to 2.5 m height may be permitted if the top 0.75 m is of

open type construction of a design to be approved by the

Authority.

(b)

In the case of a comer plot, the height of the boundary wall

shall be restricted to 0.75 m for a length of 10 m on the

front and side of the intersections and the balance height

of 0. 75 m, if required in accordance with (a) may be made

116

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

up of open type construction (through railings) and of

design to be approved by the Authority.

(c)

However, the provisions of (a) and (b) are not applicable

to boundary walls of jails. In industrial buildings, electric

substations, transformer stations, institutional buildings

like

sanitoria,

hospitals,

industrial

buildings

like

workshops, factories and educational buildings like

schools, colleges, including hostels, and other uses of

public utility undertakings and strategically sensitive

buildings a height up to 2.4 m. may be permitted by the

Authority.

6.16 Wells :

Wells, intended to supply water for human consumption or

domestic purposes, where provided.

6.7.1

Location :

The well shall be located,—

(a)

Not less than 15 m from any ash pit, refuse pit, earth closet

or privy and shall be located on a site upwards from the

earth closet or privy;

(b)

Not less than 18 m from any cesspit soak away or bore

hole latrine and shall be located on a site upwards from the

earth closet or privy ;

(c)

Such that contamination by the movement of sub-soil or

other water is unlikely ; and

(d)

Not under a tree or otherwise it should have a canopy over

it, so that leaves and twigs may not fall into the well and

rot.

6.7.2

Requirements :

The well shall—

(a)

Have a minimum internal diameter of not less than 1m; be

constructed to a height not less than 1 m. above the

surrounding ground level, to form a parapet or kerb and to

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 117

prevent surface water from flowing in to a well, and shall

be surrounded with a paving constructed of impervious

material which shall extend for a distance of not less than

1.8 m in every direction from the parapet from the kerb

forming the well head and the upper surface of such a

paving shall be sloped away from the well ;

(b)

Be of sound and permanent construction (Pucca)

throughout. Temporary or exposed (Kutcha) wells shall

be permitted only in fields or gardens for purposes of

irrigation ; and

(c)

have the interior surface of the lining or walls of the well

be render dim pervious for a depth of not less than 1.8m

measured from the level of the ground immediately

adjoining the well-head.

6.17 Office-Cum-Letter Box Room :

In the case of multi-storeyed multifamily dwelling apartments

constructed by existing and proposed Cooperative Housing

Societies or Apartment Owners Associations, limited companies

and proposed societies, an office-cum-letter box room of

dimension 3.6 m X 3 m shall be provided on the ground floor. In

case the number of flats is more than 20, the maximum size of

the office-cum-letter box room shall be 20 sq. m.

6.18 Meter Rooms :

For all buildings above 15 m in height and in special

occupancies, like educational assembly, institutional, Industrial

storage hazardous and mixed occupancies with any of the

aforesaid occupancies having area more than 500 sq. m on each

floor, provision shall be made for an independent and ventilated

m (service) room, as per requirements of electric (service) supply

undertakings on the ground floor with direct access from outside

for the purpose of termination of electric supply from the

licensee's service and alternative supply cables. The doors

provided for the service room shall have fire resistance of not

less than two hours.

118

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

6.19 Stairway :

Stairway shall conform to the following provisions in addition to

items (a) to (g) below. In addition, in order to satisfy fire-

fighting requirements any stairway identified as an exit stairway

shall confirm to the requirement in fire protection regulations

provided in these regulations:—

(a) Width: The minimum width of a staircase other than a fire

escape shall be as given in Table hereunder:—

Table 6—2: The minimum width of a staircase (m)

S.

No.

Type of occupant

Minimum width of staircase/

Stairway/Corridors in m

1.

Residential building

Low rise

Hotels and High rise

1.2

1.5

2.

Education building

Up to 24 m. High

Over 24 m. High

1.5

2.0

3.

Institutional

buildings

(i.e.

Hospital)

Up to 10 beds

Over to beds

1.5

2.0

4.

Assembly buildings

2.0

5.

Mercantile, business, Industrial

Storage, Hazardous Buildings

Low rise

High rise

1.5

2.0

(b)

Flight : No flight shall contain more than 12 rises but in

residential buildings in narrow plots and in high density

Housing a single flight staircase may be permitted.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 119

(c)

Risers : The maximum height of a riser shall be 19 cm in

residential buildings and 16 cm in any other occupancy.

However, in an internal stairway within a dwelling area, a

riser may be 25 cm high.

(d)

Treads : The minimum width of the tread without nosing

shall be 25 cm for staircase of a residential building, other

than fire escapes. In other occupancies the minimum width

of the tread, shall be 36 cm. It shall have a non-slippery

finish and shall be maintained in that fashion.

(e)

Head room : The minimum head room in passage under

the landing of a staircase, shall be 2.2 M.

(f)

Floor indicator : The number of each floor shall be

conspicuously painted in figures at least 15 cm in large on

the wall facing the flight of a stairway or at such suitable

place is distinctly visible from the flights.

(g)

Handrail : Handrail of a minimum height of 0.9 m from

the centre of the tread shall be provided.

(h)

Exit Requirements: All aspects of exit requirements for

corridors, doors, stair cases, ramps, etc in respect of

widths, travel distance shall be as per Part 4 ‘Fire and Life

Safety’ of NBC-2016.

6.20 Roofs :

(a)

In the areas receiving snowfall, the roof should be sloping

and the slope shall be dictated by the amount of snowfall.

(b)

The roof of a building shall be so designed and constructed

as to effectively drain water by means of sufficient rain

water pipes of adequate size, wherever required, so

arranged, jointed and fixed as to ensure that the rain water

is carried away from the building without causing

dampness in any part of the walls, roof or foundations of

the building or an adjacent building.

120

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

(c)

The Authority may require rainwater pipes to be connected

to a drain or sewer to a covered channel formed beneath

the public footpath to connect the rain-water pipe to the

road gutter or in any other approved manner.

(d)

Rain-water pipes shall be affixed to the outside of the

external walls of the building or in recesses or chases cut

or formed in such external walls or in such other manner

as may be approved by the Authority.

(e)

It is desirable to conserve rainwater using suitable

rainwater harvesting techniques including by roof water

collection. In this context, reference shall be made to

Part 9 'Plumbing Services (including Solid Waste

Management), Section 2-Drainage and Sanitation’ of the

NBC 2016.

6.21 Ramps :

(a)

Ramps for pedestrians :

(i) General : The provisions applicable to stairway shall

generally apply to ramps. A ramp in a hospital shall

not be less than 2.4 m wide for stretcher and not for

vehicular movement in addition to satisfying the fire-

fighting requirements.

(ii) Slope : A ramp shall have slope of (not more than

1:10). It shall be of non-slippery material.

(iii) Handrail : A handrail shall be provided on both the

sides of the ramp.

(b) Ramps for handicapped people: The provision of the ramp

with handrails for every public building is compulsory for

handicapped people as per the National Building Code, 2016.

(c) The ramp to basement and parking floors shall not be less

than 7.2m wide for two-way traffic and 4m wide for one-

way traffic, provided with Gradient of 1:10 for L.M.V.

(d) Ramp may also be provided in side setbacks only to basement

and not for upper floors which can be sloped considering

unhindered movement for fire engine of minimum 6m wide

and in no case the gradient shall be less than 1:10.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 121

(e) All structural design/safety aspects as per latest BIS Codes

and NBC, 2016 shall be complied along with consideration of

weight of Fire Engine and its manoeuvrings.

(f) Handrails shall be provided on both sides of the ramp.

(g) Ramps shall lead directly to outside open space at ground

level or courtyards or safe place.

6.22 Stairs, Lifts, Lobbies and Corridor :

The width of lobbies or corridors in building shall be as under :

(a)

In case of residential and non-residential building except

individual detached building minimum clear width of

corridor shall be as under:—

Table 6—3: Width of corridor as per length of the corridor (m)

Length of Corridor

in M

Width of Corridor in M

Residential

Non-Residential

Up to 6

1.0

1.2

Up to 9

1.2

1.5

Up to 15

1.2

2.0

Above 15

1.5

2.5

Notes :—

(i)

For every additional 9.00 m. length or part there

of the width of the corridor shall be increased by

0.30 m up to a maximum of 3.00 m.

(ii)

In case of starred hotels, the width of the corridor

shall be as per the authorized standards of the

starred hotels.

(iii) Whereas in case of residential dwelling unit

occupied by single family and constructed up to

three floors width of the stairs shall not be less than

1.0 m.

(b)

In case of all non-residential and high-rise residential

building the clear width of stair landing exclusive of

parapet shall not be less than1.5 m.

122

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

(c)

Minimum stair width for more than 6 tenements on each

floor shall be 1.5 m.

(d)

The stair-case and lifts (elevators) shall be so located that

it shall be within accessible distance of not more than

25 m from any entrance of tenement or an office provided

on each floor.

(e)

The number and type of lifts to be provided in different

buildings shall be as given in Appendix ‘F’ & ‘F-1’.

6.23 Swimming Pool :

(a)

“Definition :” A constructed pool or a tank indoor or

outside the building, used for the purpose of swimming,

bathing, aquatic sports or games, training, treatment

(Therapy) or recreation, meant exclusively for human

being, having a depth of water not less than that 60 cm.

and the surface area exceeding 23.25 Sq. m. both for the

use of public or the institution concerned.

(b)

“Capacity of Pools in Relation to Bathers:” The maximum

number of persons in bathing attire within the pool

enclosures of the bathing area shall not exceed one person

per 20 Sq. ft. (1.86 Sq. m.) of pool i. e. the area of the

water surface.

(c)

“Hand Rail :” A side handrail extending up above and

returning to the horizontal surface of the pool deck curb or

coping shall be provided at each side of each ladder.

(d)

“Depth Markers :” Depth of water shall be clearly marked

at or above the water surface on the vertical pool wall and

on the edge of the deck or walk-way next to the pool, at

maximum points and at the points of break between the

deep and shallow portions and at intermediate increments

of depth, spaced at not more than 2.5// (7.62 cm) intervals.

Depth markers, contrasting with background shall be on

both sides of the pool.

(e)

“Lighting and Wiring :” Where submarine lighting is used,

not less than 0.5 watts shall be employed per Sq. ft. of

pool area.

(f)

“Area Lightning :” Where submarine lighting is employed,

area lighting shall be provided for the deck areas and

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 123

directed towards the deck areas and away from the pool

surface so far as practicable, in a total capacity of not less

than 0.6 watt per sq. ft. of deck area.

(g)

Where submarine lighting is not provided and night

swimming is not permitted combined pool lightning shall

be provided in an amount of not less than 2 watts per sq.

ft. of total area. All submarine lightning shall be

individually earthed and must be watertight and damp

proof.

(h)

“Over Head Wiring :” No electrical wiring for electrical or

power shall be permitted to pass over within 20 feet of the

pool enclosure.

(i)

“Shallow Minimum Depth” : Every swimming pool shall

have a minimum depth in the shallow area of the main

swimming area of not less than 0.9 m (3 feet), but not

more than 1.07m (3/-6//) from the overflow level to the

floor.

(j)

“Shallow Areas :” In a swimming pool with a diving area,

the shallow area of the pool shall be defined as the portion

between the shallow end and the break point between the

shallow area and the diving area. The slope of the floor

shall be uniform from the break point between the diving

area and the shallow portion to the outside edge of the

shallow portion and shall not be greater than 1 in 2 m.

(k)

“Vertical Wall Depth :” The pool walls shall be vertical at

all points for a depth of not less than 2 ft. 6// (0. 76 m)

6.24 Provision of exterior open spaces and height limitation around

the building :

(a)

The open spaces/setbacks covered area, FAR shall be as

per Master Plan/Zonal Plan/building Bye-laws Chapter V.

(b)

Every room that is intended for human habitation shall

abut on an interior or exterior open space or on to a

Verandah open to such interior or exterior open space.

124

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

(c)

In case of High rise, the exterior open spaces around a

building as in Building Bye-Laws shall be of green or hard

surface capable of taking load of fire engine weighing up

to 45 tonnes.

(d)

In case, kitchen and toilets not abutting either interior or

exterior open spaces, mechanical ventilation shall be

accepted.

(e)

Up to 25% of the total setback area can be sunk for light,

ventilation and access to basement, provided fire tender

movement is not hindered.

6.25

Pollution Control

6.25.1

Air Pollution :

All building shall conform to provisions of Environment Act

and Rules.

6.25.2

Water Pollution :

All building shall conform to provisions of water (Prevention

and Control of Pollution) Act, 1974.

6.25.3

Noise Pollution :

All buildings shall maintain ambient air quality standards in

respect of noise, as prescribed in the Noise pollution (Regulation

and control) Rules, 2000.

CHAPTER 7

SPECIAL REQUIREMENTS FOR OCCUPANCY, LAND

DEVELOPMENT AND OTHER INDUSTRIAL BUILDING

(FACTORIES, WORKSHOPS, ETC.)

7.1

Industrial Buildings (Factories, Workshops, etc.) :

(a)

The relevant provisions contained in the Factory Act, 1948

shall apply for construction of factory buildings. The

minimum height of workrooms shall not be less than 4.5 m

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 125

measured from the floor level to the lowest point in the

ceiling provided that this bye-law shall not apply to room

intended for storage, godowns and the like purposes but

only in rooms occupied by workers for purposes of

manufacture.

(b)

In case of small factories, employing less than 50 workers

for purposes of manufacturing and carrying on a class of

manufacturing covered under the flatted factories and

service industries, as driven in the Master Plan, the

Authority may allow minimum height up to 3.66 m.

(c)

Parking space provisions as provided in Master Plan/Zonal

Plan/Chapter V of these Bye-laws.

(d)

Requirements of water supply, drainage and sanitary

installation shall be as per Chapter-4 of Model Building

Bye-Laws, 2016, but in no case less than 1 W. C. and one

urinal shall be permitted.

(e)

Each working room shall be provided with adequate

number of exits not less than two in number.

(f)

No exit shall be less than 1.2 m in width and 2.1 m in

height and doors of such exit shall be so arranged that it

can be opened easily from inside.

(g)

No staircase, lobby corridors or passage shall be less than

1.2 m. in width.

(h)

In addition to the requirement in this part, provisions in

Chapter-5 and 6 shall be followed.

(i)

There shall be provided at all time for each person

employed in any room of factory at least 3.5 Sq. m. of

floor space exclusive to that occupied by the machinery

and a breathing space of at least 15 Cum (further the

provision of Part VIII section 1 lighting and ventilation of

NBC, 2016 shall be followed).

126

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

(j)

The effluent from industries (industrial and biological in

nature) shall be treated and shall be of quality to

satisfaction of the concerned local bodies before letting

out the same into a watercourse or municipal drain.

7.2

Educational Building (School/Colleges) :

All educational buildings shall be dealt as per University Grant

Commission norms and provision of National Building Code,

2016 and the Jammu and Kashmir School Education Rules, 2010

(SRO-123 dated 18.03.2010, Education Department) or the latest

version of these rules.

7.3

Assembly Building (cinema, theatres, etc.) :

The relevant provisions of the Cinematographic Act and Rules of

Jammu and Kashmir and IS:4878 Code for construction of

cinema building shall apply for planning, design and

construction of cinema building—

(a)

Parking spaces wherever not specifically given shall

conform to NBC, 2016/URDPFI Guidelines, 2014.

(b)

Requirements of water supply, drainage and sanitation

shall conform to provisions of NBC, 2016.

(c)

Buildings for religious worship shall not be erected on a

site, which has not been approved by the Authority.

7.4

Petrol Filling Station :

The location of the petrol filling stations and its layout shall be

approved

by

the

Authority

in

consultation

with

the

Commissioner of the Division depending upon width of roads

and traffic generated location with respect of points of

intersections and nearness to occupancies of educational,

assembly, storage and hazardous uses.

7.5

Burial and cremation grounds :

The Authority shall permit/prohibit burial and cremation grounds

to be located in certain area layouts, after scrutiny of the

proposal with respect to health and well-being surrounding

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 127

neighbourhood and shall follow the selection criteria given

below:—

The proposed development in terms of land use has to be

compatible with the ground :

(a)

Compatible Land use have to be planned with regards to

prevailing wind direction and beyond the prescribed buffer

zone. The likely direction of drift in the event of odour has

to be accounted while planning the layout ;

(b)

Adequate land area is to be provided to house furnaces,

and for internment of cremated remains ;

(c)

The site has to have proper accessibility by the local road

network.

7.5.1

Buffer Zones :

The location of such cremation grounds has to provide for buffer

zones from the surrounding land use to account for

environmental impact of the operation:—

(a)

A buffer zone of the order of 200 m (depending on the

nature of prevailing winds and the natural topography of

the site) between the emission stack and neighbouring

residential zone shall be considered.

(b)

In any case any buffer zone shall not be less than 100 m.

7.6

Building in mining area :

Building in mining area shall not be constructed to a height more

than one storey without the special prior approval of the

Authority.

7.7

Poultry farms (wherever allowed as per the Master Plan)

7.7.1

The coverage for poultry farms shall be as allowed in case of

farmhouses :

7.7.2

Setbacks: As per Chapter 5 under relevant use and category.

7.7.3

Space Planning :

There should be a minimum distance of 6.0 m between sheds in

the farm.

(a)

The minimum distance of any farm building from the

property line should be 4.5 m.

128

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

(b)

The minimum distance of any farm shed or farm building

from the dwelling unit should be 7.5 m.

7.7.4

Farm Shed :

Shed should be constructed on pillars with walls on two longer

sides not higher than 1.2 m :

(a)

The remaining height of the farm sheds in respect of two

longer sidewalls can be covered with netting or other

similar material.

(b)

The maximum height of the roof of the farm shed shall not

exceed 6.0 m.

7.7.5

Dwelling Units as a Farmhouse :

The following norms shall be adopted for construction of

dwellings in farmhouses:—

(a)

The distance of parts of dwelling units from shed shall be

as in Building Bye-laws, 7.7.3

(b)

The requirements of parts of dwelling shall be as in

Chapter 6.

(c)

Any other special requirements as specified by the

Authority.

7.8

Special buildings not covered :

In case of special buildings not covered above, norms as decided

by the Authority will be followed.

7.9

Provisions in the public buildings for Differently Abled,

Elderly Persons and Children :

The building to be designed for Differently Abled, Elderly

Persons and Children need special treatment and the provisions

for site planning, building requirements etc.

7.10 Defence:

Construction of any type of Govt. and private buildings near

defence land/premises shall be governed as per guidelines of

Govt. of India, Ministry of Defence.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 129

7.11 Railway :

Construction of any type of Govt. and private buildings near

railway land shall be governed as per guidelines of Govt. of

India, Ministry of Railways (Railway Board).

7.12 Distance from water course :

(a)

The building activity in the areas vulnerable to floods/flash

floods shall be regulated under the provision of Irrigation

and Flood Control Department or the flood zonation maps

notified by the department from time to time.

(b)

No development, whether by filling or otherwise, shall be

carried out from the edge of the bank of rivers, within

following specified buffer or as per building regulation

whichever is more:—

Recommendations

Applicability

(a) Recommended safe distance

(Buffer) from Listed Major

Watercourse shall be 50m

from

the

edge

of

such

watercourses or as specified

under the relevant regulatory

Act or the relevant Master

Plan

Chenab, Jhelum, Tawi, Ravi,

Sutlej and Ujh or any other

river/khad.

(b) Recommended safe distance

(Buffer) from Listed Minor

Watercourse shall be 30ms

from the edge of such water

courses or as specified under

the relevant regulatory act or

as given in the Master Plan of

the local Area

Mansar,

Surinsar,

Wular,

Nageen, Manasbal and other

lakes.

(c) Recommended safe distance

(Buffer)

from

Unlisted

rivulets,

tributaries,

minor

canals

and/or

Watercourse

Ranbir canal, Sindh canal and

other similar canals.

130

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

shall be 20 m from the edge

of such watercourses or as

specified under the relevant

regulatory act or as given in

the Master Plan of the local

Area

(c)

In case of talab, village tanks, lake, water bodies etc., the

distance from the water body shall be as may be

prescribed under any other general or specific orders of the

BPIA.

(d)

These restricted development zones and other water

courses, which pass through a land shall be developed and

maintained according to the discharge of water.

7.13 Rules for development of land :

(a)

The provisions of Master Plan and norms formulated by

Authority shall apply regarding sub-division of a large

parcel of land into plots, open areas, roads, spaces for

services and community facilities.

(b)

Regulations for Low Income Housing. The norms

specified for Low-income housing shall be as per the

Jammu and Kashmir Housing, Affordable Housing, Slum

Redevelopment and Rehabilitation and Townships Policy,

2020.

7.14 Penal action for violation of Master Plan/Zonal plan

regulation/bye-laws :

(a)

The Authority under the provisions of their respective

Acts shall take action for violation of Master Plan/Zonal

Plan/regulations. The Authority may take penal action

under respective Acts, which may include stopping of

construction activity, demolition/alteration and levying of

penalties as given in (Appendix “D” Penal action for

violation of provisions of Master Plan, Zonal Plans and

Building Bye-Laws).

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 131

(b)

In addition, action for discontinuance of services in

building may also be taken.

7.15 Heritage :

Development/Construction/Mining around all ASI protected

monuments shall be governed by National Monuments and

Archaeological sites and remains Act/Rules (GoI), Jammu and

Kashmir Ancient Monuments Preservation (Amendment) Act,

2010 and Jammu and Kashmir Heritage (Conservation and

Preservation) Act, 2010.

7.16 Forest :

All building activity shall conform to provisions of J&K

Forest, Wildlife and Bio-Diversity Act.

7.17 Sports Infrastructure :

All Provisions related to sports infrastructure shall be dealt as

per the Guidelines/Specifications of Sports Authority of India

(SAI), URDPFI Guidelines, 2014 and NBC, 2016 or its latest

version.

CHAPTER 8

ELECTRIC VEHICLE CHARGING INFRASTRUCTURE (EVCI)

8.1

Electric Vehicle Charging Infrastructure (EVCI) :

Based on the occupancy pattern and the total parking provisions

in the premises of the various building types, charging

infrastructures shall be provided only for EVs, which is

currently assumed to be 20% of all ‘vehicle holding capacity’/

‘parking capacity’ at the premise. Additionally, the building

premise will have to have an additional power load, equivalent

to the power required for all charging points in a Public

Charging Station (PCS) to be operated simultaneously, with a

safety factor of 1.25.

132

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

8.2

Residential Buildings (plotted house)

Table 8.1:—Charging Infrastructure requirements for individual

house/self-use

Building Type

Plotted House

Ownership of Station

Private (Owner)

Connection and Ming

Domestic m

Type of Charger

Slow chargers as per owner’s specific

requirements

Modes of Charging

AC (Single charging gun)

Norms of Provisions

Min. 1 SC and additional provisions as

per the owner individual.

Note:—The charging infrastructure installed by a home owner

shall be construed as a Private Cl meant for self-use

(non-commercial basis).

8.2.1

All other buildings (including Group Housing) :

Any PCS installed at Public, Private areas or building premises

of any category that caters to commercial mode of charging of

EVs shall be deemed as a Public Charging Station and shall have

to install the minimum requirements of chargers as specified in

the Guidelines dated 14.12.2018 of Ministry of Power. However,

in order to provide sufficient charging points for the EV share in

all vehicles, ratio of types of chargers is recommended in the

table below:—

Table 8.2:—Charging Infrastructure requirements for PCS

(Commercial use)

Building Type

Any Building Type

1

2

Ownership of

Station

Service Provider

Connection and

Ming

Commercial Ming and Payment

Type of

Charger

As per min. requirements specified in MoP

Guidelines

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 133

1

2

Additional

Chargers

PCS service providers shall install additional number

of kiosk/chargers beyond the minimum specified

requirements to meet the ratio of charging points as

prescribed below (by the type of vehicles).

Norms of

Provisions for

charging points

4Ws

1 SC-each

3 EVs

1 FC-each

10 EVs

3Ws

1 SC-each 2

EVs

2Ws

1 SC-each

2 EVs

PV (Buses)

1 FC-each

10 EVs

Notes:—

• Charging bays shall be planned currently at 20% capacity

of all vehicles including 2Ws and PVs (cars)

• Opening and on-spot payment options to be available for

all users.

• Provision of FCB CS and BS shall not be mandatory and

will be at the discretion of the service provider.

8.2.2

Rationale for EVCI establishment :

(a) Rapid urbanization coupled with adoption of mechanized

transportation modes has resulted in high emissions of

Green House Gases that goes on to impact Global

warming. Unless, the global surface temperature rise is

restricted to no more than 2oC compared with pre-

industrial levels, the IPCC has warned that the world will

see irreversible catastrophic climate change.

(b) India being a signatory to the UNFCCC, has pledged for

efforts to assess the Greenhouse Gas Emissions (GHG) of

anthropogenic origin and removal by sinks. India’s per

capita emissions are still considered low at 1.9 tonnes

(2013), but its total emissions are next only to China and the

US and is likely to overtake those of the EU by 2019.

(c) While comparing the Indian cities for their emission scores,

Delhi is on top as the biggest emitter at over 38.38 million

tonnes of carbon dioxide equivalent overall emissions,

followed by Greater Mumbai at 22.7 million tonnes and

134

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

Chennai at 22.1 million tonnes, Kolkata at 14.8 million

tonnes, Bangalore at 19.8 million tonnes, Hyderabad at

13.7 million tonnes and Ahmedabad at 9 million tonnes

were the other cities whose emissions for the year were

calculated sector-wise.

(d) As per the statistics of Transport Department (GNCTD),

total number of vehicles in Delhi is more than the

combined total vehicles in Mumbai, Chennai and Kolkata.

Delhi has 85 private cars per 1000 population against the

national average of 8 cars per 1000 population. In terms of

Co2 emissions due to motor vehicles, Delhi emits about

12.4 million tonnes while the city of Bengaluru emits about

8.6 million tonnes.

(e) Therefore, addressing the quantum of emissions from the

“Transport” and “Domestic” sector emerges to be the high

priority subjects under the overarching umbrella of

“Climate change mitigation” as committed to the UNFCC.

(f)

Encouraging “Electric Vehicles” as a viable option for

phased transportation in terms of short and long-distance

trips with appropriate “Charging Infrastructure” is therefore,

the pre-condition for this paradigm shift I phased migration

to sustainable transportation.

(g) For these changes are required in infrastructure provisions

(at Regional and City levels) and in Development Control

Regulations (in terms of provisions therein) to include the

formulations of norms and standards for “Charging

Infrastructure” in the said Master Plan Regulations and

UT/State Building Regulations for adoption across the

country suiting local conditions.

8.3

EV Charging Technology

8.3.1

Electric Vehicle Supply Equipment (EVSE) :

An EVSE is a wall mounted box that supplies electric energy for

recharging of electric vehicle batteries. Also, EVSEs have a

safety lock-out feature that does not allow current to flow from

the device until the plug is physically inserted into the car.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 135

EVSEs can be customized with added features like—

•

Authentication.

•

Integrated payment gateways.

•

Software for remote monitoring.

As electric vehicle charging technology continues to advance,

several standards and guidelines have become widely accepted

across the industry. Chapter 8 gives a brief overview of charging

infrastructure technology, standards, and terminology.

8.3.2

Different types of EVSE :

(a) Charging speeds : Charging power, which determines the

time required to charge a vehicle, can vary by orders of

magnitude across charge points, as shown in Table 8.3. A

small household outlet may charge as slowly as 1.2 KW,

while the most advanced rapid charging stations can charge

at up to 350 KW. Charging infrastructure is broadly broken

into three categories based on speed: Level 1, Level 2, and

direct current (DC) fast charging (sometimes referred to as

Level 3).

(Source: “Emerging Best Practices for Electric Vehicle

Charging Infrastructure”, Oct., 2017)

(b) Private Charging : Charging batteries of privately-owned

cars through domestic charging points. Billing is mostly

part of home domestic metering.

(c) AC “Slow” Charging : The home private chargers are

generally used with 230Vl15A single phase plug which can

deliver a maximum of up to about 2.5KW of power. The

EVSE supplies AC current to the vehicle's on-board

charger which in turn converts the AC power to DC

allowing the battery to be charged.

(d) Public Charging : For charging outside the home premises,

electric power needs to be billed and payment needs to be

collected. The power drawn by these chargers may need to

be managed from time to time.

(e) DC “Fast” Charging : DC current is sent to the electric

car’s battery directly via the charge port. FC chargers

(usually 50 KW or more) can supply 100 or more

kilometres of range per hour of charging. The fast chargers

would generally be used as a top-up, rather than fully

136

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

charging vehicles. These are important for cab companies

and corporate users who have a fleet of electric cars.

8.4

Options for EV Charging :

(a) There is an urgent need to offer flexible charging

infrastructure for different vehicle segments to drive

adoption of EVs. Charging infrastructure is the most crucial

enabler in the entire EV value chain. The exploration of

different charging models according to the local conditions

shall enable faster deployment of electric vehicles in the

country.

(b) EV share in all vehicles : It has been broadly projected that

by the current rate of adoption of EVs, about 15% of all

vehicles in the country would be EVs by the year-2020.

Therefore, while assuming percentage composition of all

proposed capacities in Public facilities of vehicle holding

capacity, the Metropolitan and 'Tier I' cities will be assumed

d to have a higher percentage share of EVs, say 20% for

now. The charging infrastructure prescriptions in all urban

development guidelines shall, therefore, be in consonance

with the said percentage.

(c) Power Load sanction to premises : While adding these

Charging Infrastructures to the proposed set of building

types of the Indian cities, enhanced Power Load shall have

to be had for each such building type by the Power

DISCOMs, commensurate to the total additional power

requirement of simultaneous operation of all the prescribed

charging points in the premise. With further advancement

of charging technologies and the enhanced capacity of

chargers to draw more power, it is advised that the load

capacity assigned to each premise should be kept with a

safety factor of 1.25 with a long-term vision of 30 years.

Table 8.3:—EVs charging “modes” and ‘availability’

Vehicle type

Slow Charging Fast

Charging

Public CI

2 Wheelers

Y

N

Yes/Limited

3 Wheelers

Y

N

Yes/Limited

PVs (Cars)

Y

Y

Yes

PVs (Buses)

N

Y

Yes

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 137

Table 8.4:—Charging options for EV types (by ownership)

Vehicle type Private CI Public CS Predominant place of charging

2 Wheelers

SC/BS

SC

Point of residence/work

3 Wheelers

SC/BS

SC/BS

Residence/Parking stations

PVs (Cars)

SC/BS

FC

Residence/Point

of

work/other

public places

PVs (Buses)

_

FC/BS

Bus Terminals/Depots

Note:—

• The option of Battery Swapping (BS) for privately owned

2Ws and PV (Cars) is limited to Private CI.

• For 3 W as the BS is proposed to be made available in

PCS, for faster recharge experience only.

• For PV (Buses), Captive Fast charging infrastructure for

100% internal use for fleets maybe adopted by privately

owned Depots/Garages.

(d) Based on the above stated EV charging technologies

available and the current trend of evolving technologies of

faster charging experience, the Ministry of Power has

issued Guidelines and Standards for setting up Charging

Infrastructure for Electric Vehicles [Ministry of Power

(MoP) Guidelines dated 14.12.2018] for charging

infrastructure to be installed at every Public Charging

Station (PCS).'Connectivity regulations and Safety norms'

shall be defined by respective authorities such as Central

Electric Authority/MoP for grid access to such PCS/any

other charging station infrastructure.

8.5 Charger Specifications and PCS Infrastructure :

Any installed PCS shall have one or more electric kiosk boards

with installation of all charger models as prescribed in the

Guidelines and Standards notified by Ministry of Power, dated 14

December, 2018 for “Charging Infrastructure for EVs”, with other

necessary arrangements as deemed necessary.

138

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

Public Charging Station service providers shall be free to create

charging hubs and to install additional number of kiosk chargers in

addition to the minimum chargers prescribed vide the MoP

Guidelines, including options for installation of additional chargers,

if required.

Notes:—

• Minimum infrastructure requirements do not apply to

Private Charging Points meant for self-use of individual

EV owners (non-commercial basis).

• Captive charging infrastructure for 100% internal use for

a company's own fleet will not be required to install all

type of chargers and to have NSP tie ups.

8.6 Location of PCS/FCB CS in local area/building precincts :

In accordance with the Guidelines issued by the Ministry of Power

(MoP), following minimum standards with regard to density of l

distance between PCS in local level facilities in building premise l

urban precincts shall be followed as per provisions in the Model

BBL, 2016—

(a)

At the Local levels (within the urban area): Atleast

1Public Charging Station is to be available within a grid of

3Km x3Km.

(b)

At the Building premise levels (for various building

types):

•

Private charging infrastructure (non-commercial use)

for individuals.

•

For all commercial modes of charging EVs, at least

1PCS, as per minimum specifications laid under

MoP guidelines.

•

Standalone Battery Swapping Stations may be added

with the PCs.

8.6.1

Along Highways and intercity corridors :

(a) At every 25 Kms. on both sides of highways roads, at least

1 PCS is to be setup.

(b) At every 100 Kms. on both sides of highways/roads, at

least 1 Fast Charging/FCB Charging Station as per

specifications (May be coupled with PCS).

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 139

(c) Standalone Battery Swapping Stations may be added with

the PCS.

8.6.2

In Regional level Industrial SEZs I other Industrial Parks/

Estates:

Land for at least 1PCS is to be reserved within a grid of 10 Km x

10 Km of the designated industrial area/park/estates.

8.7

Guidelines and Standards for Charging Infrastructure of

Electric Vehicles:

Private charging at residences/offices shall be permitted.

DISCOMs may facilitate the same. Setting up of Public Charging

Stations (PCS) shall be a de-licensed activity and any

individual/entity is free to set up public charging stations,

provided that, such stations meet the technical as well as

performance standards and protocols laid down below as well as

any further norms/standards/specifications laid down by

Ministry of Power and Central Electricity Authority from time to

time:—

(a) Any person seeking to set up a Public Charging Station

may apply for connectivity and he shall be provided

connectivity on priority by the Distribution Company

licensee to supply power in the area.

(b) Any Charging Station/Chain of Charging Stations may also

obtain electricity from any generation company through

open access.

8.8

Public Charging Infrastructure (PCI)-Minimum Require-

ments

8.8.1

Every Public Charging Station (PCS) shall have the

following minimum infrastructure:

(a) An exclusive transformer with all related substation

equipment including safety appliance.

(b) 33/11 KV line/cables with associated equipment including

as needed for line termination/metering etc.

140

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

(c) Appropriate civil works.

(d) Adequate space for Charging and entry/exit of vehicles.

(e) Current international standards that are prevalent and used

by most vehicle manufacturers internationally are CCS and

CHAdeMO. Hence, Public Charging Stations shall have,

one or more electric kiosk/boards with installation of all the

charger models as follows :

(f)

The kiosk/board may have options for installation of

additional chargers, if required.

(g) The Public Charging Station Providers are free to create

Charging Hubs and to install additional number of

Kiosk/Chargers in addition to the minimum number of

chargers prescribed above.

(h) Tie up with at least one online Network Service Providers

(NSPs) to enable advance remote/online booking of

charging slots by EV owners. Such online information to

EV owners should also include information regarding

location, types and numbers of chargers installed/available

etc.

(i)

Share charging station data with appropriate DISCOM and

to maintain appropriate protocols as prescribed by such

DISCOM for this purpose. CEA shall have access to this

database.

(j)

Appropriate public amenities.

(k) Where, in addition to the above, fast charging facility is

also planned to be provided at the PCS by the PCI provider,

the following additional infrastructure must be provided:—

(i)

Appropriate Liquid Cooled cables if High Speed

Charging Facility for on board charging of Fluid

Cooled Batteries (FCBs) is also planned.

(ii)

Appropriate Climate Control Equipment for Fast

Charging of Batteries to be used for swapping (i.e.

not on board).

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 141

Table 8—1: Specification of Charger Type

Charger Type

Charger

Connectors

Rated Voltage

(V)

No. of Charging

point/No. of

Connector guns

Fast

CCS (min 50

KW)

200-1000

1/1 CG

CHAdeMO

(min 50 KW)

200-1000

1/1 CG

Type-2 AC (min

22 KW)

380-480

1/1 CG

Slow/Moderate

Bharat DC-001

(15 KW)

72-200

1/1 CG

Bharat DC-001

(11 KW)

230

3/3 CG of 3.3

KW each

*In addition, any other fast/slow/moderate charger as per approved

BIS standards whenever notified.

8.8.2

Every Public Charging Station (PCS) shall be operational only

after inspection and clearance as communicated by a suitable

clearance certificate, by the concerned electrical inspectors/

technical personnel designated specifically by the respective

DISCOM for this purpose. DISCOMs may also empanel one or

more third party authorized technical agencies for this purpose.

8.8.3

Electric Vehicle Service Equipment (EVSE) shall be type tested

by an appropriate reputed authority.

8.8.4

The above minimum infrastructure requirements do not apply to

Private Charging Points meant for self-use of individual EV

owners (non-commercial basis).

8.8.5

Captive charging infrastructure for 100% internal use for a

company’s own/leased fleet for its own use will not be required

to install all type of chargers and to have NSP tie ups.

8.8.6

Public Charging Station can also have the option to add Stand

alone battery swapping facilities in addition to the above

mandatory facilities, provided space/other conditions permit.

142

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

8.9

Public charging Infrastructure (PCI) for long distance EVs

and/or heavy duty EVs :

8.9.1

Public charging stations for long distance EVs and/or heavy

duty EVs (like trucks, Busses etc.) shall have the following

minimum requirements :

(a) At least two chargers of minimum 100 kW (with 200 -1000

V) each of different specification (CCS & CHAdeMO) and

with single connector gun each in addition to the minimum

charging infrastructure requirements as mandated for

Public Charging Stations.

(b) Appropriate Liquid Cooled Cables for high speed charging

facility for on-board charging of Fluid Cooled Batteries

(currently available in some long range EVs).

(c) In addition to 8.8.1 (i) and (ii) above, the Fast Charging

Stations (FCS) for Long Distance EVs and/or Heavy Duty

EVs may also have the option of swapping facilities for

batteries for meeting the charging requirements as per

para 8.7 and para 8.8 (i) and above. It is notable that Fluid

Cooled Batteries (FCBs) are generally necessary for Fast

Charging/Long Distance use of EVs and/or for Heavy Duty

Vehicles like buses/trucks etc. FCBs will have higher

charging rate and longer life.

8.9.2

Such Fast Charging Stations (FCS) which are meant only for

100% in house/captive utilization, for example buses of a

company, would be free to decide the charging specifications as

per requirement for its in-house company EVs.

8.10 Location of Public Charging Stations :

8.10.1 In case of Public Charging Stations, the following minimum

requirements are laid down with regard to density/distance

between two charging points :

(a)

At least one Charging Station should be available in a grid

of 3 Km X 3 Km. Further, one Charging Station be set up

at every 25 Km on both sides of highways/roads.

(b)

For long range EVs (like long range SUVs) and heavy

duty EVs like buses/trucks etc., there should be at least

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 143

one Fast Charging Station with Charging Infrastructure

Specifications as per para 8.8.l at every 100 Kms, one on

each side of the highways/road located preferably

within/alongside the stations. Within cities, such charging

facilities for heavy duty EVs shall be located within

Transport Nagars, bus depots. Moreover, swapping

facilities are also not mandatory within cities for

Buses/trucks.

8.10.2 Additional public charging stations shall be set up in any area

only after meeting the above requirements.

8.10.3 The above density/distance requirements shall be used by the

concerned state/UT Governments/their Agencies for the twin

purposes of arrangement of land in any manner for public

charging stations as well as for priority in installation of

distribution network including transformers/feeders etc. This

shall be done in all cases including where no central/state

subsidy is provided.

8.10.4 The appropriate Governments (Central/State/UTs) may also give

priority to existing retail outlets (ROs) of Oil Marketing

Companies (OMCs) for installation of Public EV Charging

Stations (in compliance with safety norms including ‘firewalls’

etc.) to meet the requirements as laid above. Further, within such

ROs, Company Owned and Company Operated (COCO) ROs

may be given higher preference.

8.10.5 Any deviation from above norms shall be admissible only after

specific approval of State Nodal Agency in consultation with the

Central Nodal Agency.

8.11

Database of Public EV Charging Stations :

Central Electricity Authority (CEA) shall create and maintain a

national online database of all the Public Charging Stations

through DISCOMs. Appropriate protocols shall be notified by

DISCOMs for this purpose which shall be mandatorily complied

by the PCS/BCS. This database shall have restricted access as

finalized between CEA and Ministry of Power.

144

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

8.12

Tariff for supply of electricity to EV Public Charging

Stations :

8.12.1 The tariff for supply of electricity to EV Public Charging Station

shall be determined by the appropriate commission, provided

however that the tariff shall not be more than the average cost of

supply plus 15 (fifteen) per cent.

8.12.2 The tariff applicable for domestic consumption shall be

applicable for domestic charging.

8.13

Service charges at PCS/BCS :

8.13.1 Charging of EVs is a service as already clarified by Ministry of

Power vide letter No. 23/08/2018-R&R dated 13.04.2018.

8.13.2 The State Nodal Agency shall fix the ceiling of the Service

Charges to be charged by the Public Charging Stations.

8.14

Priority for Rollout of EV Public Charging Infrastructure :

After extensive consultations with State Governments and

different Department/Agencies of Central Government, phasing

as follows are laid down as national priority for rollout of EV

Public Charging Infrastructure.

8.14.1 Phase l (1-3 Years) :

All Mega Cities with population of 4 million plus as per census

2011, all existing expressways connected to these Mega Cities

& important Highways connected with each of these Mega Cities

shall be taken up for coverage.

8.14.2 Phase II (3-5 Years) :

Big cities like State Capitals, UT headquarters shall be covered

for distributed and demonstrative effect. Further, important

highways connected with each of these Mega Cities shall be

taken up for coverage.

The above priorities for phasing of rollout shall be kept in mind

by all concerned, including, different agencies of Central/State

Governments while framing of further policies/guidelines for

Public Charging Infrastructure of EV s, including for declaring

further incentives/subsidies for such infrastructure and for such

other purposes.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 145

8.15

Implementation Mechanism for Rollout :

8.15.1 Ministry of Power shall designate a Central Nodal Agency for

the rollout. All relevant agencies including Central electricity

Authority (CEA) shall provide necessary support to this nodal

agency.

8.15.2 Every State Government/UT shall nominate a Nodal Agency for

that State/UT for setting up charging infrastructure. The State

DISCOM shall generally be the Nodal Agency for such

purposes. However, State Government shall be free to select a

Central/State Public Sector Undertaking (PSU) including Urban

Local Bodies (ULBs), Urban/Area Development Authorities etc.

as its Nodal Agency.

8.16

Selection of Implementation Agency for Rollout :

8.16.1 The Central Nodal Agency shall finalize the cities and

expressways/highways to be finally taken up from the above

phasing, in consultation with the respective State Governments.

8.16.2 An Implementation Agency shall be selected by the respective

State Nodal Agency and shall be entrusted with responsibility of

installation, operation and maintenance of PCS/FCS/BCS/BSF

for designated period as per norms laid down in this document

and as entrusted by the concerned Nodal Agency. The

Implementation Agency can be an Aggregator as mutually

decided between Central and State Nodal Agencies. However,

they can also decide to choose different PCS/FCS providers for

bundled packages or for individual locations as mutually

decided. Further, whenever bundled packages are carved for

bidding, such packages shall necessarily include at least one

identified expressway/highway or part cohesive regional

package; the selected identified cities may be divided into one or

more parts as necessary for such purposes.

8.16.3 Where Implementing Agency is selected by bidding, all bidding

shall be conducted by the State Nodal Agency.

8.16.4 There shall be an upper cap on the Service Charges declared by

the State Nodal Agency as per para 8.12.2 above. Subsidy, if

admissible from Central/State Governments, shall be suitably

factored in such calculations of Upper Cap/Bid Variable.

(Source: Model Building Bye-laws, 2016, Town and Country

Planning Organisation, Ministry of Urban Development, now

Ministry of Housing and Urban Affairs (MoHUA).

146

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

CHAPTER 9

PROVISION FOR HIGH RISE AND TALL BUILDINGS

9.1

High Rise Building :

Buildings higher than 15m of height without stilts and above

17.5 m of height with stilts shall be considered as high-rise

buildings.

Note:—These provisions shall be in addition to the Chapter 2 for

plan sanction procedure, Chapter 4 for procedure

during construction, Chapter 5 for Zoning regulations

and Chapter 6 for Space requirement for different parts

of Building.

9.1.1

Plot Area :

Plots to be used for high rise development should be located in

an approved Layout plan, Comprehensive plans or subdivision

plans as prepared and approved by competent authorities as per

policy of the Government of India/State Governments.

9.1.2

Means of access :

The entrance gate shall fold back against the compound wall of

the premises, thus leaving the exterior access way within the plot

free for movement of fire service vehicles. If archway is

provided over the main entrance the height. of the archway shall

not be at a height less than 5m.

9.2

Building components :

9.2.1

Doorways :

(a) Every doorway shall open into an enclosed stairway, a

horizontal exit, on a corridor or passageway providing

continuous and protected means of egress.

(b) No exit doorway shall be less than 1m in width. Doorways

shall be not less than 2 m in height. Doorways for

bathrooms, water closet, stores etc. shall be not less than

0.75 m wide.

(c) Exit doorways shall open outwards, that is, away from the

room but shall not obstruct the travel along any exit. No

door, when opened, shall reduce the required width of

stairway or landing to less than 0.9 m, overhead or sliding

doors shall not be installed.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 147

(d)

Exit door shall not open immediately upon a flight of

stairs, a landing equal to at least the width of the door shall

be provided in the stairway at each doorway, level of

landing shall be the same as that of the floor which it

serves.

(e)

Exit doorways shall be openable from the side which they

serve without the use of a key.

(f)

Mirrors shall not be placed in exit ways or exit doors to

avoid confusion regarding the direction of exit.

9.2.2

Revolving Doors :

Revolving door shall not be provided as a means of fire exit.

9.2.3

Stairways :

(a)

A staircase shall not be arranged round a lift shaft.

(b)

The staircase shall be ventilated to the atmosphere at each

landing and a vent at the top; the vent openings shall be of

0.5 sq. m. in the external wall and the top. If the staircase

cannot be ventilated, because of location or other reasons,

a positive pressure 50 Pa shall be maintained inside. The

mechanism for pressurizing the staircase shall operate

automatically with the fire alarm. The roof of the shaft

shall be 1 m above the surrounding roof. Glazing or glass

bricks if used in staircase, shall have fire resistance rating

of minimum 2 hour.

(c)

The minimum width of staircase shall be as table given

below :—

Table 9—1 : Minimum width of staircase for different types of buildings

Type of Building

Width

Residential buildings (dwellings)

1.0 m

Residential hotel buildings

1.5 m

Assembly buildings like auditorium, theatres and

cinemas

2.0 m

Educational buildings up to 30 m in height

1.5 m

Institutional buildings like hospitals

2.0 m

All other buildings

1.5 m

148

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

(d) The minimum width of treads without nosing shall be

0.25 m for staircase for residential buildings. In the case of

other buildings, the minimum tread shall be 0.3 m. The

treads shall be constructed and maintained in a manner to

prevent slipping. The maximum height of riser shall be

0.19 m in the case of residential buildings and 0.15 m in the

case of other buildings and shall be limited to 15 risers per

flight.

(e) Handrails shall be provided with a minimum height of

0.9 m from the centre of the tread.

(f)

The minimum headroom in a passage under the lading of a

staircase and under the staircase shall be 2.2 m.

(g) Access to main staircase shall be gained through adequate

fire resistance rating (for various types of construction for

structural and non-structural members shall be as given in

Table 1 of Part IV of the NBC 2016 and for building

elements/components such as walls, columns, beams and

floors shall have the requisite fire resistance rating in

accordance with the accepted standards at Tables 2 to 18 of

Part IV of the NBC, 2016). Automatic closing doors placed

in the enclosing walls of the staircases. It shall be a swing

type door opening in the direction of the escape.

(h) No living space, store or other fire risk shall open directly

into the staircase or staircases.

(i)

External exit door of staircase enclosure at ground level

shall open directly to the open spaces or can be reached

without passing through any door other than a door

provided to form a draught lobby.

(j)

The exit sign with arrow indicating the way to the escape

route shall be provided at a height of 1.5 m from the floor

level on the wall and shall be illuminated by electric light

connected to corridor circuits. All exit way marking signs

should be flushed with the wall and so designed that no

mechanical damage shall occur to them due to moving of

furniture or other heavy equipments. Further all landings of

floor shall have floor indication boards indicating the

number of floors. The floor indication board shall be placed

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 149

on the wall immediately facing the flight of stairs and

nearest to the landing. It shall be of size not less than 0.5x

0.5 m and it shall be prominently on the wall facing the

staircase.

(k) In case of single staircase, it shall terminate at the ground

floor level and the access to the basement shall be by a

separate staircase. However, the second staircase may lead

to basement levels provided the same is separated at ground

level by either a ventilated lobby with discharge points at

two different ends or through enclosures with fire

resistance rating door (Table 1 of Part IV of the NBC, 2016

and Tables 2 to 18 of Part IV of the NBC, 2016) or through

a fire protected corridor.

9.2.4

Lifts :

General requirements of lifts shall be as follows:—

(a) All the floors shall be accessible for 24 hours by the lifts.

The lifts provided in the buildings shall not be considered

as a means of escape in case of emergency. In a dual line

arrangement (lifts opposite to each other) the lobby may be

between 1.5 times to 2.5 times the depth of one car. For in-

line (single line) arrangements the lobby may be typically

half of the above recommendations.

(b) Grounding switch, at ground floor level, to enable the fire

service to ground the lift shall also be provided.

(c) The lift machine room shall be separate and no other

machinery shall be installed therein.

(d) Walls of lift enclosures and lift lobby shall have fire rating

of 2 hour; ((Table 1 of Part IV of the NBC, 2016 and

Tables 2 to 18 of Part IV of the NBC, 2016) lifts shall have

a vent at the top of area not less than 0.2 sq. m.

(e) Lift car door shall have a fire resistance rating of 1 hour.

(f)

Lift lobby doors in lift enclosures shall have fire resistance

as per Section (Table 1 of Part IV of the NBC, 2016 and

Tables 2 to 18 of Part IV of the NBC, 2016).

150

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

(g) Collapsible gates shall not be permitted for lifts and shall

have solid doors with fire resistance of at least 1 hour.

(h) If the lift shaft and lobby is in the core of the building, a

positive pressure between 25 and 30 Pa shall be maintained

in the lobby and a positive pressure of 50 Pa shall be

maintained in the lift shaft. The mechanism for

pressurization shall act automatically with the fire alarm; it

shall be possible to operate this mechanically also.

(i)

Lifts if communicating with the basement, the lift lobby of

the basements shall be pressurized with self-closing door

with fire resistance rating (Table 1 of Part IV of the NBC,

2016 and Tables 2 to 18 of Part IV of the NBC, 2016).

Telephone or other communication facilities shall be

provided in lift cars and to be connected to fire control

room for the building.

(j)

Exit from the lift lobby, if located in the core of the

building, shall be through a self-closing fire door of half an

hour fire resistance.

(k) Suitable arrangements such as providing slope in the floor

of lift lobby shall be made to prevent water used during

fire-fighting, etc., at any landing from entering the lift

shafts.

(l)

A sign shall be posted and maintained on every floor at or

near the lift indicating that in case of fire, occupants shall

use the stairs unless instructed otherwise. The sign shall

also contain a plan for each floor showing the locations of

the stairways. Alternate source of power supply shall be

provided for all the lifts through a manually operated

changeover switch.

(m) For Pressurization Specifications of various building

components refer NBC, 2016 Chapter 4 Fire and Life

Safety Clause 4.10 Pressurization of Staircases (Protected

Escape Routes).

9.2.5

Basements :

(a) Basement shall be permitted within the building envelope

only.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 151

(b) Each basement shall be separately ventilated. Vents with

cross-sectional area (aggregate) not less than 2.5 per cent of

the floor area spread evenly round the perimeter of the

basement shall be provided in the form of grills or

breakable stall board lights or pavement lights or by way of

shafts. Alternatively, a system of air inlets shall be

provided at basement floor level and smoke outlets at

basement ceiling level. Inlets and extracts may be

terminated at ground level with stall board or pavement

lights as before, but ducts to convey fresh air to the

basement floor level have to be laid. Stall board and

pavement lights should be in positions easily accessible to

the fire brigade and clearly marked ‘SMOKE OUTLET’ or

‘AIR INLET’ with an indication of area served at or near

the opening.

(c) The staircase of basements shall be of enclosed type having

fire resistance rating (Table 1 of Part IV of the NBC, 2016

and Tables 2 to 18 of Part IV of the NBC, 2016). The

staircase shall be situated at the periphery of the basement

to be entered at ground level only, from outside open air.

The staircase shall communicate with basement through a

lobby with self-closing doors with fire resistance rating as

per relevant NBC Code mentioned above.

(d) For travel distance Table 9—2 given below shall be

followed. If travel distance exceeds that given in the table

below, additional staircases shall be provided.

Table 9—2 : Travel Distance for Occupancy and Type of

Construction

Group of

Occupancy

Maximum Travel Distance Construction (m)

Type 1 &2

Type 3 & 4

1

2

3

Residential (A)

30.0

22.5

Educational (B)

30.0

22.5

Institutional (C)

30.0

22.5

Assembly (D)

30.0

30.0

Business (E)

30.0

30.0

152

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

1

2

3

Mercantile (F)

30.0

30.0

Industrial (G)

45.0

Construction type 3 and 4 not

permitted.

Storage (H)

30.0

Construction type 3 and 4 not

permitted.

Hazardous (J)

22.5

Construction type 3 and 4 not

permitted.

Notes:—

• For fully sprinkled building, the travel distance may be

increased by 50% of the values specified above.

• Ramps shall be counted as one of the means of escape

wherever permitted in National Building Code, 2016.

(e) In multi-story basements, intake ducts may serve all

basement levels, but each basement level and basement

compartment shall have separate smoke outlet duct or

ducts. Ducts so provided shall have the same fire resistance

rating as the compartment itself. Fire rating may be taken

as the required smoke extraction time for smoke extraction

ducts.

(f)

Mechanical extractors for smoke venting system from

lower basement levels shall also be provided. The system

shall be of such design as to operate on actuation of

heat/smoke sensitive detectors or sprinklers, if installed,

and shall have a considerably superior performance

compared to the standard units. It shall also have an

arrangement to start it manually.

(g) Mechanical extractors shall have an internal locking

arrangement, so that extractors shall continue to operate

and supply fans for HVAC shall stop automatically with

the actuation of fire detectors.

(h) Mechanical extractors shall be designated to permit 30 air

changes per hour in case of fire or distress call. However,

for normal operation, air changes schedule shall be as given

in Part 8, Building Services, Section 3, Air-conditioning,

Heating and Mechanical Ventilation of National Building

Code, 2016.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 153

(i)

Mechanical extractors shall have an alternative source of

supply.

(j)

Ventilating ducts shall be integrated with the structure and

made out of brick masonry or reinforced cement concrete

and when this duct crosses the transformer area or electrical

switchboard, fire dampers shall be provided.

(k) Use of basements for kitchens working on gas fuel shall not

be permitted, unless air conditioned. The basement shall

not be permitted below the ward block of a hospital/nursing

home unless it is fully sprinkled. Building services such as

electrical sub-stations, boiler rooms in basements shall

comply with the provisions of the Indian Electricity

Act/Rules. Boiler room shall be provided at the first

basement along the periphery wall with fire resistance

rating Table 1 of Part IV of the NBC, 2016 and Tables 2 to

18 of Part IV of the NBC, 2016) or shall be separated with

the blast wall.

(l)

If cut-outs are provided from basements to the upper floors

or to the atmospheres, all sides cut-out openings in the

basements shall be protected by sprinkler head at close

spacing so as to form a water curtain in the event of a fire.

(m) It is essential to make provisions for drainage of any such

water on all floors to prevent or minimize water damage of

the contents. The drain pipes should be provided on the

external wall for drainage of water from all floors. On large

area floors, several such pipes may be necessary which

should be spaced 30 m apart. Care shall be taken to ensure

that the construction of the drain pipe does not allow spread

fire/smoke from floor to floor.

9.2.6

Compartmentation :

(a) The building shall be suitably compartmentalized so that

fire/smoke remains confined to the area where fire incident

has occurred and does not spread to the remaining part of

the building.

(b) Compartmentation and Pressurization method shall be

adopted (as per clause 4.10 of Part 4 of NBC, 2016) to

154

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

protect escape routes against ingress of smoke, or toxic

gases into the

escape routes will be prevented.

Pressurization shall be adopted for high rise buildings and

building having mixed occupancy/multiplexes having

covered area more than 500 m2.

9.2.7

Corridors :

(a) Exit corridors and passageways shall be of width not less

than the aggregate required width of exit doorways leading

from them in the direction of travel to the exterior.

(b) The minimum width of a corridor in a residential building

shall be 1.0 m for single loaded and 1.8 m for double

loaded and in all other buildings shall be 1.5 m.

(c) Where

stairways

discharge

through

corridors

and

passageways, the height of corridors and passageways shall

be not less than 2.4 m.

(d) All means of exit including staircases lifts lobbies and

corridors shall be ventilated.

9.2.8

Glass Façade/Service Ducts/Shafts/Refuge Area/Vents :

(a) An Opening to the glass façade of min. width 1.5 m and

height 1.5 m shall be provided at every floor at a level of

1.2 m from the flooring facing compulsory open space as

well as on road side. Construction that complies with the

fire rating of the horizontal segregation and has any gap

packed with a non-combustible material to withstand

thermal expansion and structural movement of the walling

without the loss of seal against fire and smoke.

(b) Mechanism of Opening: The openable glass panel shall be

either left or right shall have manual opening mechanism

from inside as well as outside. Such openable panels shall

be marked conspicuously so as to easily identify the

openable panel from outside.

(c) Fire seal to be provided at every floor level between the

external glazing and building structure.

(d) The glazing used for the façade shall be of toughened

(tempered) safety glass as per I.S.2553.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 155

(e) To avoid fire propagation vertically from one floor to

another floor, a continuous glass I must be separated

internally by a smoke/fire seal which is of non-combustible

material having a fire resistance rating of not less than

2 hours.

(f)

Service ducts and shafts shall be enclosed by walls and

doors with fire resistance rating (clause Error! Reference

source not found. of Error! Reference source not

found.). All such ducts/shafts shall be properly sealed and

stopped fire ingress at all floor levels.

(g) A vent opening at the top of the service shaft shall be

provided having an area between one-fourth and one-half

of the area of the shaft.

(h) The openable vent of minimum 2.5% of the floor area shall

be provided. The openable vent can be pop out type or

bottom hinged provided with fusible link opening

mechanism and shall also be integrated with Automatic

Smoke Detection System

(i)

Alternate vertical glass panels of the façade shall be

openable type with the mechanism mentioned above in

order to ventilate the smoke.

(j)

Refuge areas covered with the glass façade shall have all

the panels fully openable (either left or right hinged) both

from inside as well as outside.

(k) Glass quality and Practice of use of Glass in buildings shall

have to be in conformity with the BIS codes as given in

Table 9—3 below:—

Table 9—3: Glass quality and Use of glass in buildings

IS Code

Specifications

1

2

2553 (Part 1):1990 Specification for safety glass: Part 1 General

purpose (third revision)

2835:1987

Specification for flat transparent sheet glass

(third revision)

438:1994

Specification for silvered glass mirrors for

general purposes (second revision)

156

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

1

2

5437:1994

Specification for figured rolled and wired glass

(first revision).

14900:2000

Specification for transparent float glass.

16231 Part 1

General methodology for selection

16231 Part 2

Energy and Light.

16231 Part 3

Fire and Loading

16231 Part 4

Safety related to Human Impact

9.3

Building Services :

9.3.1

Staircase and Corridor Lighting :

(a) The staircase and corridor lighting shall be on separate

service and shall be independently connected so as it could

be operated by one switch installation on the ground floor,

easily accessible to fire-fighting staff at any time

irrespective of the position of the individuate control of the

light points, if any.

(b) Staircase and corridor lighting shall also be connected to

alternate supply from parallel high-tension supply or to the

supply from the stand-by generator.

(c) Emergency lights shall be provided in staircase and

corridor/passageway, horizontal exits, refuge area; and all

wires and other accessories used for emergency light shall

have fire retardant property.

9.3.2

Electrical Services :

(a) The electric distribution cables/wiring shall be laid in

separate duct the duct shall be sealed at every floor with

non-combustible materials having the same fire resistance

as that of the duct. Low and medium voltage wiring

running in shaft and in false ceiling shall run in separate

conduits.

(b) Water mains, telephone cables, intercom cables, gas pipes

or any other service line shall not be laid in the duct for

electric cables. Use of bus ducts/solid rising mains instead

of cables is preferred.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 157

(c) The provision of dedicated telecommunication ducts for all

new building proposals is mandatory for conveyance of

telecommunication and other data cables.

(d) Separate circuits for water pumps lifts, staircases and

corridor lighting and blowers for pressurizing system shall

be provided directly from the main switchgear panel (for

detailed specifications refer NBC, 2016, chapter 4 Fire and

Life Safety).

9.3.3

Alternate Source of Electric Supply :

A stand-by electric generator shall be installed to supply power

to staircase and corridor lighting circuits, fire lifts, the stand-by

fire pumps, pressurization fans and blowers, smoke extraction

and damper system in case of failure of normal electric supply.

The generator shall be capable of taking starting current of all

the machines.

9.3.4

Air-conditioning :

Air-conditioning shall conform to the following :—

(a) Escape routes like staircases, common corridors, lift

lobbies, etc. shall not be used as return air passage.

(b) The ducting shall be constructed of sufficient gauge metal

in accordance with good practice.

(c) Wherever the ducts pass through fire walls or floors, the

opening around the ducts shall be sealed with materials

having fire resistance rating of the compartment.

(d) Where duct crosses a compartment which is fire rated, the

ducts shall be fire rated for same fire rating. Further

depending on services passing around the duct work, which

may get affected in case of fire temperature rising, the

ducts shall be insulated.

(e) Metallic ducts shall be used even for the return air instead

of space above the false ceiling.

(f)

Where plenum is used for return air passage, ceiling and its

fixtures shall be of non-combustible material.

158

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

(g) The materials used for insulating the duct system (inside or

outside) shall be of non-combustible material; glass wool

shall not be wrapped or secured by any material of

combustible nature.

(h) Air ducts serving main floor areas, corridors, etc. shall not

pass through the staircase enclosure.

(i)

The air-handling units shall be separate for each floor and

air ducts for every floor shall be separated and in no way

inter-connected with the ducting of any other floor.

(j)

If the air-handling unit serves more than one floor, the

recommendations given above shall be compiled with in

addition to the conditions given below.

(k) Proper arrangements by way of automatic fire dampers

working on smoke detector/or fusible link for isolating all

ducting at every floor from the main riser shall be made—

(i)

When the automatic fire alarm operates, the

respective air-handling units of the air-conditioning

system shall automatically be switched off.

(ii) The vertical shaft for treated fresh air shall be of

masonry construction.

(iii) The air filters of the air-handling units shall be of

non-combustible materials or fire rated.

(iv) The air-handling unit room shall not be used for

storage of any combustible materials.

(v) Inspection panels shall be provided in the main

trunking to facilitate the cleaning of ducts of

accumulated

dust

and

to

obtain

access

for

maintenance of fire dampers.

(vi) No combustible material shall be fixed nearer than

150 mm to any duct unless such duct is properly

enclosed and protected with non-combustible material

(glass wool or spyglass with neoprene facing enclosed

and wrapped with aluminium sheeting) at least

3.2 mm thick and which would not readily conduct

heat.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 159

9.3.5

Transformers :

(a) If transformers are housed in the building below the ground

level it shall be necessarily in the first basement in separate

fire resistance room of 4 hours rating. Transformer shall be

dry type and shall be kept in an enclosure with walls, doors

and cut-outs having fire resistance rating of 4 hour. The

room shall necessarily be at the periphery of the basement

having separate and direct access from open area at ground

floor through a fire escape staircase. The entrance to the

room shall be provided with a steel door of 2 hours fire

rating. A curb of a suitable height shall be provided at the

entrance in order to prevent the flow of oil from ruptured

transformer into other parts of the basement. The

switchgears shall be housed in a separate room separated

from the transformer bays by a fire-resisting wall with fire

resistance not less than 4 hours.

(b) The transformer shall be protected by an automatic foam

sprinkler system. When housed at ground floor level it/they

shall be cut-off from the other portion of premises by Fire

Resisting Walls of 4 hours rating.

(c) A tank of RCC construction of adequate capacity shall be

provided at lower basement level, to collect the oil from the

catch pit in case of emergency. The pipe connecting the

catch-pit to the tank shall be of non-combustible

construction and shall be provided with a flame-arrester.

(d) The electric sub-station shall be located in a separate

building in accordance to I.E. Rules 68(I) and 64(I) (a).

(e) If this is not possible due to site conditions, the sub-station

shall be located on the ground floor. As far as possible sub-

station shall not be installed in a basement, for such

situations special provisions like mechanical ventilation,

wherever required, cable ducting, cable trays, top/bottom

entry of HV/LV cable, hooks on Transformer(s) & HV

panels,

adequate

fire

detection

and

fire-fighting

arrangement, adequate drainage, effective measures to

prevent flooding etc. shall be provided. Adequate

precautions shall also be taken for water proofing to

160

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

prevent seepage of water. A ramp shall also be provided

with a slope, not steeper than 1 in 7, for easy movement of

equipment to and from sub-station.

(f)

Fire regulations-The installations shall be carried out in

conformity with the local regulations and rules thereunder

wherever they are in force. At other places NBC, 2016

guidelines shall be followed.

9.3.6

Gas supply :

(a) Town Gas/L.P. Gas Supply Pipes-Where gas pipes are run

in buildings, the same shall be run in separate shafts

exclusively for this purpose and these shall be on external

walls, away from the staircases. There shall be no

interconnection of this shaft with the rest of the floors.

(b) LPG distribution pipes shall always be below the false

ceiling. The length of these pipes shall be as short as

possible. In the case of kitchen cooking range area, apart

from providing hood, covering the entire cooking range, the

exhaust system should be designed to take care of 30 CUM

per minute per sq.m. of hood protected area. It should have

grease filters using metallic grill to trip oil vapours

escaping into the fume hood.

Note:—For detailed information on gas pipe installations,

reference may be made to Para 9 ‘Plumbing Services,

Section 3 Gas Supply’, of NBC, 2016.

(c) For large/commercial kitchens all wiring in fume hoods

shall be of fiber glass insulation. Thermal detectors shall be

installed into fume hoods of large kitchens for hotels,

hospitals and similar areas located in high rise buildings.

Arrangements shall be made for automatic tripping of the

exhaust fan in case of fire.

(d) If LPG is used, the same shall be shut off. The voltage shall

be of 24 V or 100 V DC operated with the external

rectifier. The valve shall be of the hand re-set type and shall

be located in an area segregated from cooking ranges.

Valves shall be easily accessible. The hood shall have

manual facility for steam or carbon dioxide gas injection,

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 161

depending on duty condition; and Gas meters shall be

housed in a suitably constructed metal cupboard located in

a well-ventilated space, keeping in view the fact that LPG

is heavier than air and town gas is lighter than air.

9.3.7

Boiler Room :

Further, the following additional aspects may be taken into

account in the location of Boiler/Boiler Room:—

(a) The boiler shall not be allowed in sub-basement but be

allowed in the first basements away from the escape routes.

(b) The boilers shall be installed in a fire resisting room of 4

hours fire resistance rating, and this room shall be situated

on the periphery of the basement. Catch pit shall be

provided at the low level. Entry to this room may be

provided with a composite door of two-hour fire resistance.

(c) The boiler room shall be provided with fresh air inlets and

smoke exhausts directly to the atmosphere.

(d) Foam inlets shall be provided on the external walls of the

building at the ground floor level to enable the fire services

to use foam in case of fire.

(e) The furnace oil tank for the boiler, if located in the

adjoining room shall be separated by fire resisting wall of

4-hour rating. Entry to this room shall be provided with a

composite door of 2-hour fire resistance. A curb of suitable

height shall be provided at the entrance in order to prevent

the flow of oil into the boiler room in case of tank rupture.

9.3.8

Helipad :

Buildings above 200 m in height, helipad may be provided.

9.3.9

Disaster Management (Fire Safety) :

Refer Part 4 of NBC 2016 for minimum requirements for fire-

fighting installations.

9.3.10 Structural Safety :

As per provisions made for Structural Safety in Chapter 6 of

MBBL 2016 and from Section 12.2.5.1 of NBC 2016 or its latest

version.

162

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

The application for seeking building permit shall be

accompanied with a report of Architect/Structural Engineer

certifying that the proposed structure has been designed

structurally keeping in view the safety measures against

earthquakes as indicated in the following Bureau of Indian

Standards (B.I.S.).

List of Codes Published by CED 39 (Earthquake Code Committee)

of Bureau of Indian Standards

Sr.

No.

Code No

Year of

Revised

Publicat-

ion

Year of

Reaffir-

mation

Title

1

2

3

4

5

1

IS 13935

2009

2014

Seismic Evaluation, Repair and

Strengthening

of

Masonry

Buildings-Guidelines.

2

IS 1893:

Part 1

2016

Criteria

for

Earthquake

Resistant Design of Structure-

Part 1 : General Provisions and

Buildings.

3

IS 4326

2013

Earthquake resistant design and

construction of buildings-Code

of practice.

4

IS 13920

2016

Ductile Design and Detailing of

Reinforced Concrete Structures

Subjected to Seismic Force-

Code

of

Practice

(First

Revision).

5

IS 13827

1993

2013

Improving earthquake resistance

of earthen buildings-Guidelines.

6

IS 13828

1993

2013

Improving earthquake resistance

of

low

strength

masonry

buildings-Guidelines.

7

IS 1893:

Part 2

2014

Criteria

for

Earthquake

Resistant Design of Structures-

Part 2 Liquid Retaining Tanks.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 163

1

2

3

4

5

8

IS 1893:

Part 3

2014

Criteria

for

Earthquake

Resistant Design of Structures

Part 3 Bridges and Retaining

Walls.

9

IS 1893:

Part 4

2015

Criteria

for

Earthquake

Resistant Design of Structures

Part 4 Industrial Structures

Including Stack-Like Structures

(First Revision).

10

IS 4967

1968

2015

Recommendations for Seismic

instrumentation for river valley

projects.

11

IS 4991

1968

2013

Criteria for blast resistant design

of structures for explosions

above ground.

12

IS 6922

1973

2013

Criteria for safety and design of

structures subject to under-

ground blasts.

9.3.11 Sustainable Environment and Buildings :

Refer CHAPTER 11 : of this document.

9.3.12 General :

(a) Architectural elements such as louvers, pergolas, other

sunshine materials should be free from FAR.

(b) Any architectural roof top structures would also be

permitted out of FAR if not used for habitable or

commercial purposes.

(c) Building elements such as sky bridges and landscape

terraces which are meant for community purposes only

shall be permitted free of FAR.

(d) Services can be permitted on roofs with adequate screening

for the same.

(e) Service floors shall not be counted in FAR. Service area on

habitable floors may be considered free from FAR.

(f)

Atrium/Atria at any floor will be counted only once in the

FAR. Atrium may be enclosed by light roofing or R. C. C.

as per NBC, 2016.

164

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

(g) Scissor staircase would be permitted provided all travel

distance and fire norms are adhered to.

(h) Stilts in high-rise will not be restricted to height. of 2.4m as

long as it is used for parking.

(i)

Multilevel car parking with car lifts would be permitted

with adequate fire safety.

9.4

Tall Building :

Building with height more than 50 m shall be considered as Tall

buildings. All the provisions and norms applicable for High Rise

Building shall be also applicable for Tall Buildings. In addition

to that, Tall Buildings shall be allowed only on the roads having

minimum ROW 60m with standard service lanes.

CHAPTER 10

RAINWATER HARVESTING

This chapter gives the mandatory requirements of water

conservation. The methods and techniques shall be adopted from

NBC, 2016.

10.1 The Rainwater Harvesting (RWH) system:

The harvesting of rainwater simply involves the collection of

water from surfaces on which rain falls, and subsequently storing

this water for use. The rainwater collected can be stored for

direct use or can be recharged into the underground aquifers. In

scientific terms water harvesting (broadly) refers to collection

and storage of rainwater from the rooftops. This also restricts

evaporation and seepage into building foundations. All buildings

having a plot size of 100 sq.m. Or more, while submitting the

building plans for sanction, shall mandatorily include the

complete proposal of rainwater harvesting.

A rainwater harvesting system consists of—

(a)

Roof catchment ;

(b)

Gutters ;

(c)

Down pipes ;

(d)

Rainwater/Storm water drains ;

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 165

(e)

Filter Chamber ;

(f)

Storage Tanks/Pits/Sumps ;

(g)

Ground Water recharge structures like pit, trench, tube well

or combination of above structure.

Rainwater Harvesting is a way to capture the rain runoff, store

that water above ground or charge the underground aquifers and

use it later. This happens naturally in open rural areas. But in

congested, over-paved metropolitan cities, there is a need to

devise methods to capture the rainwater. The rainwater that is

incident on the surface/rooftop is guided to bore wells or pits or

new/old/abandoned wells through small diameter pipes to

recharge the underground water which can be used later

whenever required.

Rainwater can be harvested to the extent of 55,000 litres per

100 sq. m. area per Year from rooftops.

10.2 Rainwater harvesting techniques:

There are two main techniques of rainwater harvestings—

(a)

Storage of rainwater on surface for future use.

(b)

Recharge to ground water.

The technical aspects and options of Rainwater harvesting from

which the city authorities can assess and choose to adopt

(Refer Appendix for the technical aspects and options as

suggested by Model Building Bye-Laws, 2016).

10.3 Harvesting provisions in various Building categories:

All buildings in a city contribute to the rainwater runoff during

the monsoon and hence such runoff can be harvested for water

reuse/recharge. The indicative provisions of rainwater harvesting

in various buildings types are:

Table 10—1: Provisions for Rainwater harvesting by building

types

Category

Use

Area

of

Plot (sq.m.)

Provision to be made

Other conditions

Residential Plotted Houses

New

Proposals

100 and

above

Construction of Rain water

Harvesting Structure

Shall have emphasis

on both storage and

reuse.

166

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

Category

Use

Area

of

Plot (sq.m.)

Provision to be made

Other conditions

Group Housing

New

Proposals

All

plot

sizes

(i) Construction

of

Rainwater Harvesting

Structure.

(ii) Concrete paving to be

avoided

and

permeable

materials

are to be used for all

open parking spaces.

(i) Should indicate

the system of

Strom

Water

Drainage,

Rainwater

Harvesting

Structure

and

Recharging

Well.

Public and Semi-public Buildings

All

Proposals

All

Plot

Sizes

(i) Shall have Rain water

Harvesting

Structure

and storage

(ii) Shall have Recharge

pits.

Shall have emphasis

on both storage and

reuse.

Commercial Mixed Use

All

Proposals

All

Plot

Sizes

Construction of Rainwater

Harvesting Structure.

Soft landscape provision

and

open

spaces

with

percolation pits.

Common treatment plant to

be

made

part

of

the

integrated

development,

funded

by

sale

of

commercial space.

Should indicate the

system

of

Strom

Water

Drainage,

Rainwater.

Harvesting Structure

and

Recharging

Well.

Shall have emphasis

on both storage and

reuse.

Industrial

All

Proposals

All

Plot

Sizes

Construction of Rainwater

Harvesting Structure.

Soft landscape provision

and

open

spaces

with

percolation pits.

Use of abandoned bore

wells for recharging of

ground water.

iii

Common

treatment

plant to be made part of the

integrated

development,

funded

by

sale

of

commercial space.

Should indicate the

system

of

Strom

Water

Drainage,

Rainwater.

Harvesting Structure

and

Recharging

Well.

Provision should be

made not to inject

contaminate

water

into

recharge

structures

in

industrial areas and

care is to be taken to

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 167

Category

Use

Area

of

Plot (sq.m.)

Provision to be made

Other conditions

keep such structures

away from

sewer

lines, septic tanks,

soak pits, landfill

and other sources of

contamination.

Other Uses

Other

Proposals

All

Plot

Sizes

Similar as above

Similar as above

10.4 Rainwater Harvesting Provisions for Open spaces in cities:

The open spaces/recreational land use generally constitute

regional parks, district parks, playground and stadium, sports

complex, monument zones, public parking, Plaza and other

public open space. This may be as high as 30% to 50% of the

city’s geographic area. All such public open spaces above the

size of 500 sq.m. shall have arrangements for complete

utilization and capture of storm water with scientific rainwater

harvesting arrangements.

Following ideas may also be included :—

(a)

Well cum Channel cum Percolation pits.

(b) Use of abandoned bore wells for recharging of ground

water.

(c)

Artificial or natural Storage of storm water runoff from

larger sites.

10.5

Ground Water Recharge:

Recharging of ground water should be made mandatory not only

for residential buildings but for all types of buildings, including

Group Housing Societies having a plot area more than 500 sq. m.

and above.

The Ground Water Recharge should also be mandatory for open

spaces like parks, parking, plazas and playgrounds. The

harvesting and recharge structures could be constructed by the

Authority

with

the

involvement

of

community-based

organizations like Resident Welfare Associations.

168

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

10.6

Enforcement and Monitoring:

(a)

The Authority shall constitute a Rainwater Harvesting Cell

which will be responsible for enforcement and monitoring

of the provisions of Rainwater Harvesting. The cell shall

employ qualified persons who are well versed with the

interpretation of Building Bye-laws and responsible for

enforcement as well as monitoring the functioning of the

Rainwater Harvesting System.

(b)

The Authority shall include inspection of Rainwater

Harvesting

Structures

before

issuing

Completion

Certificates or NOCs for service connections to the

property.

(c)

Set an example in the city by ensuring that Rainwater is

harvested in the properties/assets owned by them including

public buildings, markets, community enters, parking

spaces, roads, and parks etc.

(d)

The Authority shall also establish a mechanism to monitor

100% of RWH provisions in all the buildings above 1000

sq.m. with annual physical verification, while buildings less

than 1000 sq.m. can be monitored on the basis of 10%

random survey by BPIA.

(e)

With regard to open public spaces viz., Parks, playgrounds

etc. the implementation of provision rainwater harvesting

may be done with the help of Residents Welfare

Associations, Community Building Organization and Non-

Governmental Organizations.

(f)

The Authority shall ensure earmarking budgetary provision

for the creation and maintenance of rainwater harvesting

structures in public spaces owned and maintained by them,

like parking spaces, parks, plazas etc.

(g)

The practice of incentives and penalties to promote

rainwater harvesting shall be formulated by the local

authority based on best practices. Authority shall design its

own incentive and penalty systems, considering the water

level and scarcity.

Note:—For Methods of Rainwater Harvesting etc. refer

the NBC, 2016 or its latest version.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 169

CHAPTER 11

GREEN BUILDING AND SUSTAINABILITY

11.1 Provisions:

Modern buildings consume about 25 to 30% of total energy, and

up to 30 % of fresh potable water, and generate approximately

40% of total waste. Sustainable buildings have demonstrated

reduction in energy and water consumption to less than half of

the present consumption in conventional buildings, and complete

elimination of the construction and operational waste through

recycling.

Thus, all buildings on various plot sizes above 100 sq.m. Shall

comply with the green norms and conform to the requirements

mandatory for sanction as mentioned in this chapter.

These provisions are not specific to any rating system and are

not intended to provide a single metric indication of overall

building performance. These provisions allow the practitioners to

easily exercise their engineering judgment in holistically and

objectively applying the underlying principles of sustainability to

a development or building facility, considering its functionality

and required comfort level.

11.2

Provisions and Applicability:

The green building provisions on various plot sizes are indicated

in the table below:—

Table 11—1: Provisions and applicability for various plot sizes

(Residential and Non-Residential)

Plot

Cate-

gory

Applicable

Plot area

Provision for Residential

Provision for Non-

Residential

I

Up to 100

Nil

Nil

II

100 to 500

1(a), 2(a), 2(b), 4(a)

1(a), 2(b), 4(a)

500 to 1000

1(a), 1(c), 2(b), 3(c) 4(a)

1(a), 1(c), 2(a), 2(b),

3(c), 4(a)

1000 to 3000

1(a),1(c),1(d),2(a), 2(b),

3(b), 3(c)

1(a),1(c),1(d),2(a),

2(b), 3(b), 3(c)

III

Above 3000

1(a),1(b),1(c),1(d),2(a),

2(b), 3(a)

1(a),1(b),1(c),1(d),2(a),

2(b), 3(a)

*Note :—Provisions marked 1(a), 2(b) etc. are as per section 13.3.

170

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

The schemes/projects formulated on the basis of provisions

given in Master plan/Zonal Development Plan will require

approval as indicated :

EIA/ECC (as per MoEF and CC), National Building Code, 2016

or its latest version, ECBC 2007 or latest, BEE Star rating/LEED

of IGBC/GRIHA of TERI Certification.

EIA—Environmental Impact Assessment Study Report,

ECC—Environmental Clearance Certificate,

MoEF—Ministry of Environment and Forest,

National Building Code, 2016 or its latest version—National

Building Code,

ECBC—Energy Conservation Building Code,

BEE—Bureau of Energy Efficiency,

LEED—Leadership in Energy and Environment Design,

IGBC—Indian Green Building Council,

GRIHA—Green Rating for Integrated Habitat Assessment,

TERI—The Energy and Resources Institute.

The prevailing provisions of the above shall be applicable.

However, if there are any modification in the same, the modified

provisions shall become automatically applicable.

11.3 Provisions for Sanction :

1. Water Conservation and Management—

(a) Rainwater Harvesting

(b) Low Water Consumption Plumbing Fixtures

(c) Wastewater Recycle and Reuse

(d) Reduction of Hardscape

2. Solar Energy Utilization—

(a) Installation of Solar Photovoltaic Panels

(b) Installation of Solar Assisted Water Heating Systems

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 171

3. Energy Efficiency (Concept of passive solar design of buildings)

(a) Low Energy Consumption Lighting Fixtures (Electrical

Appliances—BEE Star and Energy Efficient Appliances).

(b) Energy Efficiency in HVAC systems.

(c) Lighting of Common areas by solar energy/LED devices.

4. Waste Management

(a) Segregation of Waste

(b) Organic Waste Management

In case owners of properties desire to procure green building

ratings from one or more rating bodies, they may suitably

incorporate any other provisions if required and additional

incentive FAR as per Master Plan may be availed.

11.3.1 Provisions for City and Site level greening:

In alignment with National Sustainable Habitat Mission, the

Authority shall encourage augmentation of green cover in the

city/plot, by following :—

The Urban Greening Guidelines, 2014 and other provisions as

given below:—

(a)

Provision of minimum 1 tree/every 80 sq. m. of plot area

for plot sizes >100 sq. m. and planted within the setback of

the plot.

(b)

Compensatory Plantation for felled/transplanted tress in

the ratio 1:3 within the Premises under consideration.

(c)

Choice of species for plantation in site and abutting the road

to be adopted as per Section 8 of the Urban Green

Guidelines, 2014.

(d)

The unpaved area shall be more than or equal to 20% of

the recreational open spaces.

11.3.2 Water Re-use and Recycling:

All building having a minimum discharge of 10,000 Litres and

above per day shall incorporate wastewater recycling system. The

recycled water should be used for horticultural purposes (Details

are explained in Chapter 14 Grey Water Recycling).

172

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

11.3.3 Rooftop Solar Energy Installations :

Rooftop photovoltaic power station, or rooftop PV system, is a

photovoltaic system that has its electricity-generating solar

panels mounted on the rooftop of residential or commercial

buildings. The various components of such a system include

photovoltaic modules, mounting systems, cables, solar inverters

and other electrical accessories. Rooftop PV systems are faster

than other types of renewable power plants. They’re clean, quiet,

and visually unobtrusive. Table 10.2 below stipulates the Norms

for Rooftop Solar PV Installation.

Table 11—2 : Norms for Rooftop Solar PV Installation and

generation

S.

No.

Category of

buildings/area

Area standards

Generation requirement

Plotted Housing

1.

Plotted

Housing

For HIG Plots

and above

Minimum 5% of connected

load

or

20W/sq.ft.

for

“available

roof

space”**,

whichever is less.

2.

Group

Housing

All proposals,

as per Group

Housing

Norms

Minimum 5% of connected

load or 20W/sqft for “available

roof space”, whichever is less.

All other buildings (Government or Private, defined as per

clause 1.16 b to g) (mandatory for buildings having shadow free

rooftop area > 50 sq.m.)

3.

Educational

Plot size of 500

sq.m.

and

above

Minimum 5% of connected

loador

20W/sq.ft.

for

“available roof

space”,

whichever is less.

4.

Institutional

5.

Commercial

6.

Industrial

7.

Mercantile

8.

Recreational

* Area provisions on roof top shall be @12 sq. m. per 1KWp,

as suggested by Ministry of New and Renewable Energy.

** “Available roof area”=70% of the total roof size, considering

30% area reserved for residents’ amenities.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 173

11.3.4 Installation of Solar Assisted Water Heating System in

Buildings :

(a)

No new building in the following categories in which there

is a system of installation for supplying hot water shall be

built unless the system of the installation is also having an

auxiliary solar assisted water heating system:—

(i)

Hospitals and Nursing Home.

(ii)

Hotels, Lodges, Guest Houses, Group Housing with

a plot area of 4000 sq. m.

(iii) Hostels of Schools, Colleges and Training Centres

with more than 100 Students.

(iv)

Barracks of armed forces, paramilitary forces and

police.

(v)

Individual residential buildings having more than

150 sq m. plinth area.

(vi)

Functional Buildings of Railway Stations and Air

Ports like waiting rooms, Retiring rooms, rest

rooms, inspection bungalows and catering units.

(vii) Community Centres, Banquet Halls, Barat Ghars,

Mangal Karyalayas and Buildings for similar use.

(b)

Definitions :

(i)

“Solar Assisted Water Heating System”.—A device

to heat water using solar energy as heat source.

(ii)

“Auxiliary back-up” Electricity operated or fuel

fired boilers/systems to heat water coming out from

solar water heating system to meet continuous

requirement of hot water.

(iii) “New Building” Such buildings of above said

categories for which construction plans have been

submitted to the Authority for clearance.

(iv)

“Existing building” Such buildings, which are

licensed to perform their respective business.

174

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

(c)

Installation of Solar Water Heating System :

(i)

New Buildings : Clearance of plan for the

construction of new buildings of the aforesaid

categories shall only be given if they have a

provision in the building design itself for an

insulated pipeline from the rooftop in the building to

various distribution points where hot water is

required. The building must have a provision for

continuous water supply to the solar water heating

system. The building should also have open space

on the rooftop, which receives direct sun light. The

load bearing capacity of the roof should at least be

50 kg. per sq. m. All new buildings of above said

categories must complete installation of solar water

heating systems before obtaining necessary license

to commence their business.

(ii)

Existing Buildings : Installation of Solar Assisted

Water Heating Systems in the existing building

shall be made mandatory at the time of change of

use to above said category provided there is a

system or installation for supplying hot water.

(d)

Capacity : The capacity of solar water heating system to

be installed on the building of different categories shall be

decided in consultation with the local bodies. The

recommended minimum capacity shall not be less than 25

litres per day for each bathroom and kitchen subject to the

condition that maximum of 50% of the total roof area is

provided with the system.

(e)

Specifications : Installation of Solar Assisted Water

Heating Systems shall conform to BIS specification IS

12933. The solar collectors used in the system shall have

the BIS certification mark.

(f)

Auxiliary System : Wherever hot water requirement is

continuous, auxiliary heating arrangement either with

electric elements or oil of adequate capacity can be

provided.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 175

11.3.5 Sustainable Waste Management :

Zero Waste is a concept of waste management and planning

approaches that emphasize waste prevention as opposed to end

waste management. This means restructuring production and

distribution systems, designing and managing products and

processes to systematically follow the 3R rule of Reduce, Re-use

and Re-cycle the volume of waste, to conserve and recover all

used resources, and therefore eliminating all discharges to

landfills, and prevent air, water and land pollution. Zero

Waste/land-fill can be achieved by adopting systematic approach

of segregation at source by planning, by collection facilitation

and most importantly by creating public awareness. The green

waste can be converted into fuel cakes, kitchen waste into

manure, construction & demolition waste into bricks, plastic

waste into oil, paper, and glass and steel back into the same and

all residual inert materials can also be converted into bricks.

Achieving zero land -fill is more conveniently possible, if—

(a) The collection is made from house to house and some

segregation is done at household level

(b) Separate wet and dry bins must be provided at the ground

level.

(c) The recycling is done at decentralized, say, ward or even

lower levels.

11.3.6 Sustainability of Building Materials :

Sustainability of natural resources for building materials shall be

ensured through Conservation of available natural resources and

use of supplementary materials such as Industrial/agricultural

by-products, renewable resources, and factory-made building

components and recycled construction and demolition waste.

Supplementary building materials (derived or processed waste)

shall be suitably used in combination with conventional

resources offers dual advantages in purview of Health &

environmental benefits.

176

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

Use of Factory made pre-fab/pre-cast and recycled components

with Green benefits :

(a)

Panels, hollow slabs, hollow blocks-etc.-conservation of

materials, less water requirement.

(b)

Fly Ash bricks, Portland Pozzolana cement, Fly ash

concrete, phosphorgypsum-based walling and roofing

panels,

particle

wood-recycled

use

of

industrial/

agricultural by-products.

(c)

Fly ash/AAC (Autoclaved aerated lightweight\concrete)

panels/CLC (Cellular lightweight concrete) panels-ensures

thermal comfort (significant reduction in air conditioning

requirement).

(d)

Use of bamboo and rapidly growing plantation timbers-

environmental benefits. Local materials are generally

suitable for prevailing geo-climatic conditions and have

advantage of low transportation cost and time. Sustainable

use of building materials shall be encouraged which may

combine certain mandatory provisions and incentives.

11.4 Various Guidelines for Green Rating systems :

The accreditation with the regulator-Bureau of Energy

Efficiency, Ministry of Power, GoI-will make the firms eligible

for Green Rating systems.

CHAPTER 12

GREY WATER RECYCLING

Whereas it is expedient to regulate the activities such as :—

(a)

Pre-treatment of Grey Water, sewage and grey water

before it is accepted for reuse for the purpose of non-

portable use ;

(b)

Installation of flow meters, samplers or other devices to

measure flow and quality of the sewage, recycled water

and industrial waste discharge ;

(c)

Pre-treatment of Grey water and Sewage as per

classification before it is accepted for discharge to the

sewerage system ;

(d)

Separation of non-portable water plumbing and portable

water plumbing ;

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 177

(e)

Sampling and monitoring of industrial waste discharges to

ensure compliance of conditions under the bye-laws;

(f)

Encouraging the use of treated recycles water for

non-portable use.

12.1 Definitions :

In these Bye-Laws :

‘Grey Water’ means water involving water from sinks, tubs,

showers and washing.

‘Industrial/Commercial Premises’ means any premises which is

being used or intended to be used (whether for profit or not) for

carrying on any trade, business, education, research or industry.

‘Commercial Waste’ or ‘Wastes’ are the waste removed from an

industrial plant or other premises by way of discharge of any

liquid, with or without matter in suspension or solution therein,

that is or may be discharged from trade premises in the course of

any trade or industrial process or operation or in the course of an

activity or operation of alike nature.

‘Inspector’ includes whoever the President/Executive Officer of

Municipal Committee/Council has appointed in writing for the

purposes of these bye-laws.

‘ISO5667’ means the latest edition complete with any

amendments, of international Standards ISO 5667:2003 Water

Quality Sampling.

Part 1: 1980 Guidance on the design of Sampling programmes.

Part 2: 1991 Guidance on sampling techniques.

Part 3: 1994 Guidance on the preservation and handling of

samples.

Part 10: 1992 Guidance on sampling of Grey water.

‘ISOTR9824’ means the latest edition complete with any

amendments,

of

international

Standard

ISO

TR

9824:

Measurement of liquid flow in open channels.

178

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

Part 1: 1990 Measurement of free surface flow in closed

conduits Methods.

Part 2: 1990 Measurement of free surface flow in closed

conduits Equipment.

‘Sewerage System’ means all types of sewer, appurtenances,

pumping stations, storage tanks, waste water treatment facility

plants, marine outfalls and other related structures existing in the

urban area and used for the reception, treatment and disposal of

waste water and also termed as “waste water system”

‘Waste minimization’ means the implementation on trade

premises, of operations and restrictions, appropriate to the goal

of reducing or eliminating the quantity and toxicity of wastes.

Section ‘A’ Applicability of Grey Water Reuse Bye-laws

12.1.1 Applicable to all group housing, commercial and industrial

premises which fall in one of the following categories :—

Category 1: Whose plot area is more than 2000 Sq. m.

Category 2: Water quota is more than 40,000 litres/day.

Category 3: Premises which has more than 50 dwelling unit of

any kind.

12.1.2 Exemptions

could

be

accorded

under

following

circumstances, as decided by the authority :

In case the existing premises cannot permit the provision of

additional overhead tank for the purpose of the use of treated

water.

If, in the existing structure, there is no space for installation of

treatment facility and collection chamber.

12.2 Enforcement of Bye-Laws :

In case of existing properties, President/Executive Officer of

Municipal Committee/Council or his authorized officer will

issue a notice to the occupier for making arrangements of for

reuse of Grey Water within specified time.

In case of proposed/intending/under redevelopment properties,

the occupier/developer/builder will submit an application

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 179

directly

or

through

his

authorized

consultant

to

the

President/Executive Officer of Municipality Committee/Council

with details of proposed ‘Discharge management Plan’ along

with the application for demand of water permission to connect

the Grey Water/Sewerage to municipal sewerage system where

ever applicable.

12.3

Granting a Permission :

Every premises will be granted permission for the discharge of

industrial waste or wastes to the municipal sewerage system only

if the recycling measures and conditions set forth in schedules

issued under this bye-law are fulfilled.

12.4

Waste tests and their results :

An occupier of an industrial plant or premises requiring a license

shall provide to the President/Executive Officer of Municipal

Committee/Council or an authorized officer once a year for the

purpose of receiving a license, test results of the industrial wastes

discharged from the plant or premises.

Without derogating the provisions specified in this Building

Bye-laws, the occupier of a premises requiring a license or the

occupier of a controlled plant or premises, shall provide to the

Authority, the test results of the industrial wastes or waste

discharged from the plant or premises at any time he is requested

in writing to do so by the President/Executive Officer of

Municipality Committee/Council.

The testing of wastes and the submission of the results shall be

done in a manner in accordance with the terms and conditions

prescribed by the Authority or an authorized officer in this regard.

This bye-law accords the Authority, his agent or an authorized

officer of their authority to visit the plant premises at any

reasonable time.

12.5

Notices for testing of discharge :

The Authority may order the testing of sample industrial waste or

wastes as described in clause 12.4 of this Building Bye-laws, he

180

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

feels that the circumstances so demand and he may, by written

notice, direct the plant or premises occupier to pay the expenses

of performing such tests.

A controlled plant whose occupier received notice as stated in

clause 12.4 of this Building Bye-Laws shall comply the

provisions of Clause 12.3 of this Building Bye-Laws prescribed

above for that purpose.

12.6 Operational Permission for the Grey Water Recycling

Treatment Plant :

The Authority may determine on the basis of test results of the

wastes that were provided to him or that were performed at his

instance or behalf, that a recycled water plant is fulfilling the

requirements and will issue permission in writing to put the plant

on permanent to the occupier.

The occupier shall operate the plant as specified.

12.7 Separation of Grey Water :

The wastes from toilets in the premises will be separated from

grey water that is of bathroom and kitchen wastes by means of

separate down take discharge system. The grey water shall be

recycled by providing recycling plant and shall be reused for

non-portable purposes after storing the same in distinctly

separate tank by means of purple coloured down take pipes. The

water quality shall conform to standards of non-potable water.

The recycled water shall be tested once in six months and results

shall be made available to Authority or his authorized officer

whenever demanded.

The make-up connection to the system will be done at the

collection tank of the treated water, through a free fall if from

Municipal water connection, but preferable from a local source

like bore-well.

12.8 Conditional Waste Discharge Permission :

Waste discharge of the conditional type plant will be allowed on

the issuance of conditional permission provided the conditional

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 181

type plant has recycling and reuse of water facility and not

exceeding limits given in as per Jammu and Kashmir Pollution

Control Board (JKPCB) norms.

12.9 Mandatory notice regarding changes :

An occupier of premises shall inform the Authority of any

change in the quality, nature or quality of the wastes discharged

from his plant or premises, the manner of their discharge or

extra requirement of external supply of water in variation or

violation of license under these Bye-laws.

12.10 Authority to change license/notice conditions :

The Authority or his authorized officer, having given a license or

a notice in writing, may revoke, modify or stipulate conditions to

the license or notice if not satisfied on inception of the plant,

premises or test reports.

12.11 Delivery of Notice/Permission :

Notice/permission required by this bye-law shall be deemed to

have been delivered lawfully if it is given in to the hand of their

intended receiver with acknowledgement, or delivered to his

place or residence or his place of occupation or place known to

be so with acknowledgement, or to adult member of his family or

to an adult employee with acknowledgement, or if sent by

registered mail to the same person according to his place of

residence, of normal place of employment recently known to be

so. If it is not possible to make the delivery as stated, the notice

will be assumed to have been delivered lawfully if the notice is

pasted in a conspicuous place in one of the above stated

locations.

12.12 Corrective action :

Any person violating the provisions of these bye-laws shall be

fined Rs. 5000/- only on the day of detection and if the violation

continues shall be fined Rs. 100/- only for every day as a

corrective action after a written notice from the Authority or his

authorized officer is delivered to him.

Failure to operate (as determined by the Inspector or authorized

officer of MC Municipality from the observations of test results

182

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

and/or physical verification) the recycling plant will attract a

penalty of Rs. 500/- per day and/or disconnection of water

connection.

12.13 Authorization of Officers :

The Authority will authorize his officers/inspectors and will

delegate the necessary powers for carrying various duties under

this bye-law.

CHAPTER 13

CLIMATE RESILIENT CONSTRUCTION-INTEGRATION OF

ENVIRONMENTAL CLEARANCE WITH SANCTION

Land,

Air,

Noise,

Water,

Energy,

biological/socio-

economic/solid/other waste management are the main facts

considered in relation to Pre, during and Post. Building

Construction

for

Sustainable

Environment

Management.

Therefore, it is necessary for the building process to ensure

compliance to various conditions laid down by the Ministry of

Environment, Forest and Climate Change (MoEF and CC).

The building construction sector is a major contributor towards

carbon footprints which affects climate change. India is

committed towards mitigating the effects of climate change and

moving

towards

internationally

accepted

norms

for

environmentally friendly building construction. Currently this

objective of environmental safeguard is achieved through

obtaining a specific environmental clearance (EC) for any

construction project having a size of more than 20,000 sq. m.

This is administered under notification of Ministry of

Environment, Forest and Climate Change.

With rapid urbanisation and growth of Indian economy, it is

anticipated that the construction activity will experience a

proportionate growth. Government is also committed towards

streamlining of clearances for buildings and real estate sector and

empowering the urban local bodies with an objective of ease of

doing business.

13.1 Environmental conditions for compliance during Building

approvals :

The Ministry of Environment, Forest and Climate Change has

now decided to integrate the environmental concerns into

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 183

building plan approval process and empowering the concerned

local body/development authority to approve and certify

compliance of stipulated requirements. The new building

construction proposals are classified in the following 3

categories :—

(i)

Conditions for Category ‘A’ Buildings: Built-up Area

5000 sq. m.-20000 sq. m.

(ii) Conditions for Category ‘B’ Buildings: Built-up Area

20000 sq. m.-50000 sq. m.

(iii) Conditions for Category ‘C’ Buildings: Built-up Area

50000 sq. m.-150000 sq. m.

States are, therefore, advised to amend their building by-laws by

incorporating the set of conditions for each category A, B and C

as mentioned above either for the entire State/UT or clearly

identified part thereof, where they would like to integrate the

environmental clearance conditions with building permissions

and empower the local authority to examine, stipulate and

ensure

compliance

of

conditions

required

to

address

environmental concerns the State/UT should submit such

proposal/notification at draft stage as well as a copy of the final

notification to the MoEF and CC.

(a)

For building plans with a total built-up area between

5,000 sqm. and 1,50,000 sqm. and environment clearance

will be required to be synchronized with the building

regulations.

(b)

The concerned Urban local body, authorized to sanction

building plans, shall ensure at the time of sanctioning a

building plan that the environmental requirements

stipulated in Table 16.1 (for above 5,000 sqm. and up to

20,000 sqm.), Table 12.2 (for above 20,000 sqm. and up

to 50,000 sqm.) and Table 12.3 (for above 50,000 sqm.

and up to 1,50,000 sqm.), as the case may be, are

complied with.

184

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

Table 13—1 : Environmental Conditions for Building and Constructions

(Category “A” 5000 sq. m-20000 sq. m.)

S.

No.

Medium

Environmental conditions

MBBL

Ref.

Clause

1

Natural

Drainage

The inlet and outlet point of

natural drain system should be

maintained with adequate size of

channel for ensuring unrestricted

flow of water.

_

2

Water

conservations-

Rainwater

Harvesting and

Ground Water

Recharge

A rainwater harvesting plan needs

to be designed where the recharge

bores (minimum one per 5000

sqm of built-up area) shall be

provided. The rainwater harvested

should be stored in a tank for

reuse in household through a

provision of separate water tank

and pipeline to avoid mixing with

potable municipal water supply.

The excess rainwater harvested be

linked to the tube well bore in the

premises through a pipeline after

filtration in the installed filters.

Table 9.1

2 (a)

The unpaved area shall be more

than or equal to 20% of the

recreational open spaces.

10.2.1

(iv)

3

Solid Waste

Management

Separate wet and dry bins must be

provided at the ground level for

facilitating segregation of waste.

10.2.5 (b)

4

Energy

In common areas, LED/solar

lights must be provided.

10.2 (3)

5

Air Quality and

Noise

Dust,

smoke

and

debris

prevention

measures such as

screens,

barricading

shall

be

installed

at

the

site

during

_

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 185

S.

No.

Medium

Environmental conditions

MBBL

Ref.

Clause

construction.

Plastic/tarpaulin

sheet covers must be used for

trucks

brining

in

sand

and

material at the site.

5(a)

The exhaust pipe of the DG set, if

installed, must be minimum 10m

away from the building. In case it

is less than 10m away, the exhaust

pipe shall be taken up to 3m

above the building.

__

6

Green Cover

A minimum of 1 tree for every

80 sqm of land shall be planted

and maintained. The existing trees

will be counted for this purpose.

Preference should be given to

planting native species.

10.2.1 (i)

6(a)

Where the trees need to be cut,

compensatory plantation in the

ratio of 1:3 (i.e. planting of 3 trees

for every 1 tree that is cut) shall

be done with the obligation to

provide continued maintenance

for such plantations.

10.2.1 (ii)

Table 13—2: Environmental Conditions for Building and Constructions

(Category “B” 20000 sq.m.-50000 sq.m.)

S.

No.

Medium

Environmental conditions

MBBL

Ref. Clause

1

Natural

Drainage

The inlet and outlet point of natural

drain system should be maintained

with adequate size of channel for

ensuring unrestricted flow of water.

_

186

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

S.

No.

Medium

Environmental conditions

MBBL

Ref. Clause

2

Water

conservations-

Rainwater

Harvesting and

Ground Water

Recharge

A rainwater harvesting plan needs to

be designed where the recharge bores

(minimum one per 5000 sqm of built-

up area) shall be provided. The

rainwater harvested should be stored

in a tank for reuse in household

through a provision of separate water

tank and pipeline to avoid mixing with

potable municipal water supply. The

excess rainwater harvested be linked

to the tube well bore in the premises

through a pipeline after filtration in the

installed filters.

Table 9.1

2 (a)

The unpaved area shall be more than

or equal to 20% of the recreational

open spaces.

10.2.1 (iv)

3

Solid Waste

Management

Separate wet and dry bins must be

provided at the ground level for

facilitating segregation of waste.

10.2.5 (b)

4

Energy

In common areas, LED/solar lights

must be provided.

10.2 (3)

4(a)

At least 1% of connected applied load

generated from renewable energy

source such as photovoltaic cells or

windmills

or

hybrid

should

be

provided.

10.2

4(b)

As per the provisions of the Ministry

of New and Renewable energy solar

water heater of minimum capacity 10

litres/4 persons (2.5 litres per capita)

shall be installed.

1-2.4-IV

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 187

S.

No.

Medium

Environmental conditions

MBBL

Ref. Clause

4(c)

Use of fly ash bricks: Fly ash should

be used as building material in the

construction as per the provisions of

Fly Ash Notification of September,

1999 and as amended from time to

time.

10.2.6 (b)

5

Air Quality

and Noise

Dust, smoke and debris prevention

measures such as screens, barricading

shall be installed at the site during

construction. Plastic/tarpaulin sheet

covers must be used for trucks brining

in sand and material at the site.

_

5(a)

The exhaust pipe of the DG set, if

installed, must be minimum 10m away

from the building. In case it is less

than 10m away, the exhaust pipe shall

be taken up to 3 m above the building.

_

6

Green Cover

A minimum of 1 tree for every 80

sq.m. of land shall be planted and

maintained. The existing trees will be

counted for this purpose. Preference

should be given to planting native

species.

10.2.1 (i)

6(a)

Where the trees need to be cut,

compensatory plantation in the ratio of

1:3 (i.e. planting of 3 trees for every 1

tree that is cut) shall be done with the

obligation

to

provide

continued

maintenance for such plantations.

10.2.1 (ii)

188

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

Table 13—3: Environmental Conditions for Building and

Constructions (Category “C” 50000 sq.m. 150000 sq.m.)

S.

No.

Medium

Environmental conditions

MBBL Ref.

Clause

1

Natural

Drainage

The inlet and outlet point of

natural drain system should

be maintained with adequate

size of channel for ensuring

unrestricted flow of water.

_

2

Water

conservations-

Rainwater

Harvesting

and

Ground

Water

Recharge

A rainwater harvesting plan

needs to be designed where

the recharge bores separate

water tank and pipeline to

avoid mixing with potable

municipal water supply. The

excess rainwater harvested is

to be linked to the tube well

bore in the premises through

a pipeline after filtration in

the

installed

filters

(minimum one per 5000 sqm

of built-up area) shall be

provided.

The

rainwater

harvested should be stored in

a tank for reuse in household

through a provision of

Table 9.1

2 (a)

The unpaved area shall be

more than or equal to 20% of

the recreational open spaces.

10.2.1 (iv)

2(b)

The ground water shall not

be

withdrawn

without

approval from the BPIA.

2(c)

Use of potable water in

construction

should

be

minimized.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 189

S.

No.

Medium

Environmental conditions

MBBL Ref.

Clause

2(d)

Low

flow

fixtures

and

sensors must be used to

promote water conservation.

2(e)

Separation of grey and black

water should be done by the

use of dual plumbing system.

3

Solid Waste

Management

Separate wet and dry bins

must be provided at the

ground level for facilitating

segregation of waste.

10.2.5 (b)

3(a)

All non-biodegradable waste

shall be handed over to

authorized recyclers which a

written tie-up must be done

with the authorized recyclers.

3(b)

Organic waste composter/

vermin culture pit with a

minimum capacity of 0.3

kg/tenement/day

must

be

installed wherein the STP

sludge may be use3d to be

converted to manure which

could be used at the site or

handed over to authorized

recyclers for which a written

tie-up must be done with the

authorized recyclers.

4

Energy

In common areas, LED/solar

lights must be provided.

10.2 (c)

4(a)

At least 1% of connected

applied load generated from

renewable

energy

source

such as photovoltaic cells or

10.2

190

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

S.

No.

Medium

Environmental conditions

MBBL Ref.

Clause

windmills or hybrid should

be provided.

4(b)

As per the provisions of the

Ministry

of

New

and

Renewable

energy

solar

water heater of minimum

capacity 10 litres/4 persons

(2.5 litres per capita) shall be

installed.

1-2.4-IV

4(c)

Use of fly ash bricks: Fly ash

should be used as building

material in the construction

as per the provisions of Fly

Ash

Notification

of

September, 1999 and as

amended from time to time.

10.2.6 (b)

4(d)

Use of concept of passive

solar design of buildings

using architectural design

approaches that minimize

energy

consumption

in

buildings

by

integrating

conventional energy-efficient

devices, such as mechanical

and electric pumps, fans,

lighting fixtures and other

equipment, with the passive

design elements, such as

building

orientation,

landscaping,

efficient

building

envelope,

appropriate

fenestration,

increased day lighting design

and thermal mass.

10.2(3)

4(e)

Optimize

use

of

energy

systems in buildings that

10.2 (3)

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 191

S.

No.

Medium

Environmental conditions

MBBL Ref.

Clause

should maintain a specific

indoor

environment

conducive to the functional

requirements of the building

by

following

mandatory

compliance measures (for all

applicable

buildings)

as

recommended in the Energy

Conservation Building Code

(ECBC) 2007 of the Bureau

of

Energy

Efficiency,

Government of India.

5

Air

Quality

and Noise

Dust,

smoke

and

debris

prevention measures such as

screens, barricading shall be

installed at the site during

construction.

Plastic/

tarpaulin sheet covers must

be used for trucks brining in

sand and material at the site.

_

5(a)

The exhaust pipe of the DG

set, if installed, must be

minimum 10m away from

the building. In case it is less

than 10m away, the exhaust

pipe shall be taken up to 3 m

above the building.

_

6

Green Cover

A minimum of 1 tree for

every 80 sq. m. of land shall

be planted and maintained.

The existing trees will be

counted for this purpose.

Preference should be given

to planting native species.

10.2.1 (i)

192

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

S.

No.

Medium

Environmental conditions

MBBL Ref.

Clause

6(a)

Where the trees need to be

cut, compensatory plantation

in the ratio of 1:3 (i.e.

planting of 3 trees for every

1 tree that is cut) shall be

done with the obligation to

provide

continued

maintenance

for

such

plantations.

10.2.1 (ii)

7

Sewage

Treatment

Plant

Sewage treatment plant with

capacity of treating 100%

wastewater shall be installed.

Treated

water

must

be

recycled for gardening and

flushing.

4.32.4

8

Environment

Management

Plan

The

environment

infra-

structure

like

Sewage

Treatment

Plant,

Lands-

caping, Rainwater Harvest-

ing,

Power

backup

for

environment, infra-structure,

Environment

Monitoring,

Solid Waste Management

and

Solar

and

Energy

conservation, should be kept

operational

through

Environment

Monitoring

Committee

with

defined

functions and responsibility.

-

(Source: Model Building Bye-laws 2016, Town and Country

Planning Organisation, Ministry of Urban Development (now

Ministry of Housing and Urban Affairs-MOHUA)

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 193

CHAPTER 14

GENERAL REFERENCES

14.1 Facilities for physically handicapped persons :

For

requirements

regarding

Facilities

for

Physically

Handicapped Persons, reference shall be made to part 3

Development Control Rules and General Building Requirements

of the National Building Code, 2016 or its latest version which

shall apply.

14.2

Fire and Life Safety :

For requirements regarding Fire and Life Safety for different

Occupancies, reference shall be made to part 4 Fire and Life

Safety of the National Building Code, 2016 or its latest version.

14.3

Design and Construction :

For requirements regarding structural design, reference shall be

made to part 6 Structural design of the National Building Code.

For requirements regarding construction (including management

and safety), reference shall be made to part 7 Construction

Management, Practices and safety ‘of the National Building

Code, 2016 or its latest version.

14.4

Building services

14.4.1 Lighting and Ventilation :

For requirements regarding Lighting and ventilations for

different uses and occupancies reference shall be made to part 8

“Building Services”, Section 1 “Lighting and Natural

Ventilation” of the National Building Code, 2016 or its latest

version.

14.4.2 Electrical and Allied Installations (Including Lighting

Protection of Buildings and Solar Energy Utilization) :

For requirements regarding Electrical Installations in Buildings

Including Lighting Protection of Buildings reference shall be

made to part 8 “Building Services” Section 2 Electrical and

Allied Installations of the National Building Code, 2016 or its

latest version.

194

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

14.4.3 Air Conditioning, Heating and Mechanical ventilation :

For requirements regarding design, construction and installation

of Air Conditioning, Heating and Mechanical ventilation

systems, reference shall be made to part 8 “Building Services”

Section 3 Air Conditioning, Heating and Mechanical ventilation

of the National Building Code, 2016 or its latest version.

14.4.4 Acoustics, Sound Insulation and Noise Control :

For requirements regarding the desired Noise levels and sound

Insulation in different occupancies reference shall be made to

part 8 “Building Services” Section 4 Acoustics, Sound Insulation

and Noise Control of the National Building Code, 2016 or its

latest version.

14.4.5 Installation of Lifts Escalators and Moving Walks :

Provision for Lifts shall be made for buildings 15 m. or more in

height For requirements regarding planning, designing and

installation etc. of Lifts Escalators, reference shall be made to

part 8 “Building Services” Section 5 Installation of Lifts

Escalators and Moving Walks of the National Building Code,

2016 or its latest version.

14.4.6 Information and Communication Enabled Installations :

For requirements regarding Information and Communication

Enabled Installations in Buildings reference shall be made to

Part 8 “Building Services” Section 6 Information and

Communication Enabled Installations of the National Building

Code, 2016 or its latest version.

14.5

Plumbing Services (Including Solid Waste Management) :

For requirements regarding water supply, drainage and

Sanitation, Solid Waste Management and gas supply reference

shall be made to part 9 “Plumbing Services (Including Solid

Waste Management)” of the National Building Code, 2016 or

its latest version.

14.6

Landscape Development :

For requirements regarding Landscape development, reference

shall be made to part 10 ‘Landscape Development and Sign and

outdoor display structures’ Section 1 Landscape Planning and

Development of the National Building Code, 2016 or its latest

version.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 195

14.7

Sign and outdoor display structures :

No advertising signs (including hoarding) on buildings or on

land shall be displayed without the prior approval of the

Authority. The standards specified in Section-2 of part 10 Signs

and outdoor display structures of National Building Code, 2016

or its latest version.

14.8

Sustainability :

For requirements regarding sustainable buildings and built

environment, reference shall be made to part 11 ‘Approach to

Sustainability’ of the National Building Code, 2016 or its latest

version.

14.9

Asset and Facility Management :

For requirements regarding Asset and Facility Management in

respect of Existing Buildings and services thereof, reference

shall be made to part 12 Asset and Facility Management of the

National Building Code, 2016 or its latest version.

14.10 Energy Conservation Building :

For requirements regarding Energy Conservation Building

guidelines reference shall be made to Energy Conservation

Building Code, 2017 or its latest version & the J&K UT ECBC

whenever framed.

Note:—Whenever an Indian Standard including those referred in

the National Building Code or the National Building

Code is referred; the latest revision of the same shall be

followed except specific criteria, if any, mentioned

above against that code.

14.11 Health Guidelines :

Refer guidelines issued by Department of Health, Family

Welfare and Medical Education, Government of Jammu and

Kashmir.

14.12 Education Guidelines :

Refer SRO-123 or latest guidelines issued by Department of

Education, Government of Jammu and Kashmir.

14.13 Sports Guidelines :

Refer

latest

guidelines

issued

by

Sports

Department,

Government of Jammu and Kashmir.

196

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

APPENDICES

Appendix “A”: Form for Application to Erect, Re-Erect or to make

Material Alteration in any place in a building

(To be submitted in duplicate)

To

Commissioner/Vice-Chairman/Secretary,

Development Authority/Municipal

Corporation/Council/Committee.

Sir,

I hereby give notice on behalf of Shri………………………….(owner)

that the owner intends to erect/demolish or make alteration in the

building number or to on/in Plot No…………………….………….

Block No…………………..House No……………………...situated at

……………………………………………...….Scheme...……………and

in accordance with the building Bye-Law No………………………and I

forward herewith, the following plans and specification duly signed by

me and by the owner :—

1.

Site plan

2.

Building Plan

3.

Service Plan

4.

Parking and circulation plan

5.

Landscape Plan

6.

General Specifications (in attached form)

7.

Ownership Title (Lease/Conveyance/Sale Deed, etc.)

8.

Other document, as required.

(ii) The building plan has been prepared strictly as per the

approved Building Bye-Laws and relevant IS Codes/provisions

of NBC. The construction shall be carried out in accordance

with the building plan and I shall be completely accountable for

any lapse on my part up to within 6 months after obtaining

completion certificate of the building.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 197

(iii) The Building permit fee as required under bye-laws has been

deposited vide receipt No……………dated.…………………

(Photocopy enclosed).

(iv) I am aware that in the event of building being constructed in

violation of the sanctioned building plan approval, the

Authority shall have the right to take action against me as it

may deem fit including referring the matter to concerned

professional and statutory councils for taking disciplinary

action against me.

……………………….........

Signature of the Owners

Name of the owner(s)

...................................................

Address of the owner(s)

.....................................................

……………………….........

Signature of Registered

Architect/Engineer/Supervisor

Registration No. of the

Architect/Engineer/Supervisor

....................................................

Address of the Architect/

Engineer/ Supervisor

....................................................

Encl. : As stated above.

Dated: ………………

———

198

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

Appendix “A-1”

Statement of the Proposal and Certificate

By the Owner and Registered Architect—

Classification of the Proposal…………………………………………

(To erect/re-erect/demolition)

Scheme/Colony……………...………Plot No.……….....………….…

Plot Area ……………………………. sq.m. size (in m)

Area Statement :

Description

Permissible

Proposed sq.m. Remarks sq.m.

Max. Ground

coverage

Basement

Ground Floor

First Floor

Second Floor

Third Floor

Total Floor area

Floor Area Ratio

No. of Dwelling

Units

Maximum height (in m) :

Setbacks

As per approved Layout

plan (m.)

Proposed

(m.)

Front

Rear

Left

Right

Parking Details :

Building Use

Parking Required as per

Building Bye law

Proposed

(m.)

Residential

Commercial

PSP

Other…

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 199

(ii) Fees and Charges :

(a) Building Permission Fess ……………..

(b) Infrastructure Development Fees……………..

(c) Additional Floor Space Fees ……………

(d) Any other (as applicable)…………………

Total Amount as per details above……………..

Receipt No….................................... Dated….................................

We hereby certify that—

1. The plot in question forms part of the approved layout plan and

its location size and area conform to the approved layout plan

and lease/sale deed/NOC of the lease Administration Branch of

concerned Development Authority.

2. Plot is lying vacant and no construction shall be started before

sanction.

3. The plot is free from all encumbrances (owner responsibility).

4. The period of construction valid up to ......................... As per

the lease condition/further extension of time for construction

granted by the lessor is valid up to ........................ Time

construction obtained from the lease Administration Branch,

Concerned Development Authority.

5. Size of each dwelling unit is not more than 300 sq.m.

Signature of Owner

Signature of Registered Architect

Name.....................................

Name...............................................

………………………………

Registration No. ………………….

Address………………………

Address…………………………..

……………………………….

……………………………………

Dated…………………………

……………………………………

Authority Letter

I hereby authorize Mr./Mrs............................................... to collect the

sanction whose signature is verified below: —

Specimen signature of the owner(s)/Registered Architect/Mr./

Mrs.....................................................................................................

Dated received........................................ Date ....................................

(Signature of authorized person/owner/Registered Architect)

Dated.................................. Remark, if any...............................

————

200

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

Appendix “A-2”

Form for Specifications of Proposed Building

The purpose (Residence, Office, Restaurant, Hotel, Dharmshala, School,

Hostel Cinema, Shop, Factory Others) for which it is intended to be

used……………………………………………………………………….

Table A-2: 1 Details of coverage on respective floor are given below:

S.

No.

Floor

Existing

(sq.m.)

Proposed

(sq.m.)

Total (sq.m.)

1.

Basement Floor

2.

Ground Floor

3.

Mezzanine Floor

4.

First Floor

5.

Second Floor

6.

Third floor

7.

………………..

(a) Approximate

number

of

in

habitants

proposed

to

be

accommodated……………………………………………………

(b) The number of latrines, Urinals, Kitchens, Baths to be

provided……………………………………………………………

(c) The source of water to be used in the construction..………

………………………………………………………………..……

..……………………………………

(d) Distance from public sewer………………………….………..…

(e) The materials to be used in construction Walls/Columns/

Foundations/Roof/Floors…………………………….…………….

Signature of Registered Architect/Engineer/Supervisor

Name………….……………………………………

Registration No……………………………………

Address………………………..……………… …..

……………………………….……………………

————

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 201

Appendix “A-3”

Form for Supervision

To

The Commissioner/Vice-Chairman/Secretary,

Development Authority/Municipal Corporation/Council/Committee.

Sir,

I hereby certify that erection/re-erection demolition or material

alteration in/of Building No…………………….on/in ……………….

Plot No………………….in Block No……………………… situated at

…………………………... scheme………...… shall be carried out under

my supervision and I certify that all the materials (type & Grade) and

workman ship of the work shall be generally in accordance with the

general specification submitted along with and the work shall be carried

out according to the sanctioned plans which also included the services

like drainage, sanitary, water supply, and electrical.

Signature of Registered Architect/Engineer/Supervisor

………………………………………………………….

Name of Registered Architect/Engineer/Supervisor

(In block letters) ………………………………...……....

Registration No. of Architect/Engineer/Supervisor

………………………………………………………

Address of Registered Architect/Engineer/Supervisor

……………………………………………………

Dated: …………………………

————

202

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

Appendix “A-4”

Undertaking for Payment of Other and Peripheral Charges

Note:—It should be on non-judicial stamp paper of specified

amount

attested

by

Notary

Public/First

Class

Magistrate.

Undertaking

I, ……………………………Son of Shri………………..………

aged………....Years residents of ……………..…………Owner of

Plot No.………………… in…………………...…..Co-operative

Housing Building Society Ltd………………............…hereby

under take to pay the balance of peripheral and other charges

as and when required by the concerned Authority and in this regard

Authority’s decision will be finally binding on me.

Executed by me as……………….on day of……………… 2004.

……………………………….

Executant

Witness :

1……………………………

2……………………………

————

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 203

Appendix “A-5”

Affidavit-cum-Undertaking

(Affidavit of Competent Professional on Rs. 2/- Non-Judicial

Stamp paper of specified amount to be attested by Notary

Public/Metropolitan Magistrate)

I, …………………………………son of…….………………………

Architect by profession having office at………………………… do

hereby solemnly affirm and declare as under:—

1.

That I am a Licensed Architect/Engineer/Supervisor/Plumber

duly

registered

with

the

Authority

vide

registration

No.……………………….……………

2.

That I have been engaged as a Competent Professional as per

Table 2—2: Procedure for Building Permission of Non-

Residential Use Building of the bye-laws for preparing the

building plans and to supervise construction in respect of Plot

No………...Block No………………… situated at……………

3.

That I have prepared the building plans in respect of the

aforesaid plot.

4.

That I have studied the layout plan of the colony and gone

through the instructions, policy decisions and other relevant

documents in respect of the plot and colony.

5.

That I have personally inspected the site. The plot under

proposal forms part of the approved layout plan with respect to

its location, size shape and area of the plot and proposed land use

is also in conformity with the approved layout plan. The plot has

been demarcated at site and the size, shape and area of plot

available at site tallies with the approved layout plan.

6.

That the ownership documents are in the shape of registered

sale deed/lease deed in favour of the applicants and have been

thoroughly examined and the ownership in favour of the

applicant is in order.

7.

That there is no construction inexistence at the plot and no

construction shall be started before sanction of the building

plans.

204

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

8.

That there is no encroachment on the Municipal land/road/other

property and road widths as shown in the layout plan are

available at site.

9.

That the proposal is in conformity with the terms and condition

of lease deed which is still valid and period of construction as

per lease deed and the extension granted by the lessor is valid up

to……………………………

10.

That the proposal has been prepared strictly in accordance

with the

Master Plan/Zonal Plan/Building Bye-Laws

rules regulation and practice of the department and no

misinterpretation on inference of provision of Building Bye-Law

has been done while preparing the plans. The construction shall

be carried out strictly in accordance with the sanctioned building

plans and in case any deviation is carried out, I shall inform the

concerned Authority within 48 hours.

11.

That in case the owner dispenses with my services at any stage

whatsoever, I shall inform the concerned Authority within 48

hours.

12.

That the size of each dwelling unit is not more than 300 sq. m.

13.

That mandatory setbacks have been proposed and shall be

maintained in accordance with the setbacks marked in the layout

plan/Master Plan/Zonal Plan/Building Bye-Laws.

14.

That before submission of the proposal, necessary information/

clarification have been obtained from the concerned department

of the concerned Authority. The plot is safe and is not affected in

any scheme or the road widening. Building activities for

residential use are allowed with number of storeys as per

approved layout plan.

15.

That no development/additional development/deficiency charges

are payable, against this plot (in case development/additional

development/deficiency charges are payable then its details be

given in the separate para).

16.

That no non-compoundable deviations shall be carried out

during the course of construction.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 205

17.

That nothing has been concealed and no misrepresentation has

been made while preparing and submitting the building plans.

18.

That in case anything contrary to the above is found or

established at any stage, the concerned Authority shall be at

liberty to take any action as it may deem fit including revocation

of sanction of building plans and debarring me for submission of

building plans with the Authority under the scheme and also

lodge a complaint with the Council of Architecture for

appropriate action.

Deponent.

Verification :

I the above-named deponent do hereby verify at ……………………

on this…………….of…………..20………that contents of the above

affidavit are true and correct to my knowledge. No part of it is false

and nothing has been concealed therefrom.

Deponent.

————

206

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

Appendix “A-6”

Building Permit/Sanction

File No………………… Dated………………………….

To

Subject :—Sanction under section……………… Dear Sir or Madam.

————

With reference to your application dated……………….. for the

grant of sanction to erect/re-erect/add to/alteration in the building to

carry out the development specified in the said application relating to

Plot No……………….…… Block No…………..……………situated in/

at……………………………………. I have to state that the Authority

subject to the following conditions and corrections done in the plans has

sanctioned the same on………………………………………….:—

1. The plans are valid up to ………………… day……………

months………. year ……………

2. The construction will be undertaken as per sanctioned plan only

and no deviation from the bye-laws will be permitted without

prior sanction. Any deviation done against the bye-laws is liable

to be demolished and the supervising Architect engaged on the

job will run the risk of being blacklisted.

3. Violation of Building Bye-Laws will not be compounded.

4. It will be the duty of the owner of the plot and the Architect

preparing the plans to ensure that the sanctioned plans are as per

prevalent Master Plan/Zonal Plan/Building Bye-Laws. If any

infringement of bye-laws remain unnoticed, the concerned

Authority reserves the right to amend the plans as and when

infringement come to the notice and concerned Authority will

stand indemnified against any claim on this account.

5. A notice in writing shall be sent to Authority before

commencement of the constructions of the building as per bye-

laws. Similar notice will be sent to Authority when the building

has reached up to plinth level.

6. The owner shall not occupy or permit to occupy the building or

use or permit to use the building or any part thereof affected by

any such work until Completion Certificate is issued by the

concerned Authority.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 207

7. Concerned Authority will stand indemnified and kept harmless

from all proceedings in court and before other authorities of all

expenses/claims which the concerned Authority may incur or

become liable to pay as a result or in consequences of the

sanction accorded by it to these building plans.

8. The doors and window leaves shall be fixed in such away that

they shall not, when open project on any street.

9. The owner will not convert the house into more dwelling units

on each floor then the sanctioned.

10. The building shall not be constructed within minimum distance

as specified in Indian Electricity Rules from voltage lines

running onside of the site.

11. The land left open as a consequence of the enforcement of the

setback rule shall form part of the public street.

12 The owner shall ensure that the public areas like road, parks and

other public opens spaces are not used for stacking the building

materials or machineries to avoid public inconvenience and

nuisance.

13. The sanction will be void if auxiliary conditions mentioned

above and other conditions whatsoever imposed are not

complied.

14. The owner will use the premises for the use, which has been

sanctioned.

15. The owner will not proceed with the construction without having

the supervision of an Architect/Engineer as the case may be. If

he/she changes his Architect/Engineer, he/she shall inform the

Authority about the appointment of new Architect/Engineer

within 48 hours, with a proper certificate from him.

Yours Faithfully.

For ……………………………

Encl. : A set of sanctioned plan.

————

208

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

Appendix “A-7”

Form for Refusal of Building Permit

To

File No…………………………….

Dated

………………………………

Sir.

With reference to your application No…………………….

dated……………….. for the grant of sanction for the erection

of building/execution of work in House No. ………….. Plot No.

………..Block

No……………………….Scheme………………

situated at…………………………….I have to inform you that

building

permit

under

relevant

provisions

of

the

Act

of…………………………. has been refused on………………………

on the following grounds :—

1.

2.

3.

4.

5.

Yours faithfully

For………………………..

Authority.

————

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 209

Appendix “A-8”

Form of Revalidation

File No. ……………………….

Dated………………….

Shri/Madam …………………………………

………………………………………………..

………………………………………………..

———

Subject :—Revalidation of Building Plans relating to plot

No………….Block No………. Scheme………………….

———

Dear Sir/Madam, Block No.

1.

With reference to your application dated…………on the

subject cited above, I am directed to inform you that your

building plan which were sanctioned on……………. vide

file No ………..................................…. have been revalidated

up to ……………………………

2.

Original sanctioned plan submitted by you is also returned

herewith.

3.

Please acknowledge receipt.

Yours Faithfully

For ……………………………

Authority.

Encl. : As above.

————

210

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

Appendix “A-9”

Information for Intimation of Completion of Work up to Plinth Level

To

The ………………………………

…………………………Authority.

Sir,

The construction up to plinth/column up to plinth level has been

completed in Building No……….……………………….. on/in

Plot No……………………..Scheme No…………….. Road/Street

……………………Ward……………………………in accordance

with your permission No………………..… dated………………..

under my supervision and in accordance with the sanctioned plan.

Yours faithfully

Signature of Licensed Architect/Engineer/Supervisor

Name…………………………….. (In Block letters)

Address:……………………………………………..

.……………………………………………………...

Date :…………….

————

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 211

Appendix “A-10”

Inspection Report

I, ………………………………working as a ……………………………

with …………… have carried out the inspection of Building No……….

on/in

Plot

No……………..

Scheme

No.……………….Road/

Street………………Ward..…………….. in accordance with permission

No………………...dated…………….….....The

following

deviation

from the sanctioned plans have been noticed which are against the

provision of Master Plan/Bye-Laws are of non-compoundable nature :—

Description of deviations noticed:…….…………………………………

………………………………………………………

………………………………………………………

………………………………………………………

You may not proceed with further work till such time the deviations

made are rectified and construction brought in conformity to sanction

plans.

Yours Faithfully

For…………………………………

…………………………………….

…………………………………….

BPIA

Office No……………………………..

Office Stamp………………………….

Date…………………………………...

————

212

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

Appendix “A-11”

Form of Notice of Completion

(To be submitted along with prescribed fee for notice of completion and

other relevant documents)

To

The ……………………………….

…………………………Authority.

Dear Sir,

I/we hereby give notice that I/we have completed the erection of

building/execution of the works in Plot No ………… Block No……….

Scheme…………………… situated at…...………………. in pursuance

of the sanction granted by the Authority vide File No………………

dated………………………I/we are enclosing all reports of the

Authority inspection carried out during construction period.

2. Permission to occupy or use the building may be granted.

Yours Faithfully

Signature of owner……………………

Name of owner ………………………

(In Block Letters)

Address of the owner …………………

…………………………………………

Dated :…………………..

Encl. : As above.

————

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 213

Appendix “A-12”

Form for Certificate of Architect/Engineer/Supervisor

(To be submitted along with notice of completion)

To

The ……………………………….

…………………………Authority.

Dear Sir,

We hereby certify that the erection, re-erection or material alteration in/at

building No………………………….. on in Plot No……...……………

Block No…………….Scheme…………….situated at……………...has

been supervised by me and has been completed on ……………….

according to the plans sanctioned, vide office communication

No………………. dated…………………..The work has been completed

to our best satisfaction, the workmanship and all the materials (type and

grade) have been used strictly in accordance with general and detailed

specifications. All the drainage/Sanitary/Water Supply work has been

executed under our supervision and as per Building Bye-Laws.

No provisions of the Building Bye-Laws and condition prescribed or

order issued there under have been transgressed in the course of the

work. The building is fit for use for which it has been erected/re-erected

or altered/constructed and enlarged.

2. Certificate:

(i)

Certified that the building(s) has been constructed according

to the sanctioned plan and structural design (one set of

structural drawings as executed is enclosed) which in

corporate the provisions of structural safety as specified in

relevant

prevailing

NBC

Part

6

and

IS

codes

standards/Guidelines.

(ii) Further certified that water harvesting as well as waste water

re-cycling systems have been provided as per the sanctioned

building plan.

(iii) It is also certified that construction has been done under our

supervision and guidelines and adheres to the drawings

submitted and the records of supervision have been

maintained by us.

214

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

3. Permission to occupy of use the building may be granted.

4. Any subsequent change from completion drawings will be the

responsibility of the owner(s)

(a)Signature of the owner

with date

Name in Block Letters

Address

(b)Signature of the Architect/ Engineer

with date

Name in Block letter, Licence No.

Address

(c) Signature of the Structural

Engineer with date (for

certificate 1)

(as defined in NBC of

India)

Name in Block Letters

(d)Signature of Supervisor/Engineer/

Group/Engineer with date

Name in Block letters, Licence No.

Address

Dated :………………………

————

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 215

Appendix “A-13”

Building Use Certificate

File No………………………...

Plan No……………………….. Dated :……………………….

Shri/Miss/Smt……………………….

………………………………………

Building Use Certificate

With reference to your notice of completion dated……………

I hereby certify that building as per description below certified plan at

Plot

No…………Block

No………Scheme…….……………………

situated at ……………………...………whose plans were sanctioned

vide No……………………has been inspected with reference to

Building Bye-Laws in respect to the structural safety, fire safety,

hygienic and sanitary conditions and proposed rainwater harvesting

systems inside and, in the surroundings, and is declared fit for occupation

and release of regular water and electricity connections. The description

of the construction work completed is given as under :—

Description of Construction Work Block-wise/Building-wise.

1. Block Building No.

2. Details of Completed Work floor-wise.

Commissioner of Authority.

————

216

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

Appendix “A-14”

Form of Rejection or Compliance in Respect of Completion Certificate

File No…………………………….

Dated:…………………………......

Sh./Smt…………………………………….

……………………………………………..

Subject :— Completion certificate in respect of Plot No…………………

————

Dear Sir/Madam,

(1)

With reference to your letter dated............................................

(2)

With reference to your notice of completion dated.......................

(3)

In

continuation

of

this

office

letter

of

even

No…………………..dated................on the subject noted above,

I am directed to inform you that your case has been examined

and Completion Certificate is rejected for the reasons as given

below :—

Yours faithfully

For…………………………….

………………………Authority.

1.

…………………………………..

2.

…………………………………..

3.

…………………………………..

4.

…………………………………..

———

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 217

Appendix “B”

Handing Over Land Required for Road Widening

Affidavit/Undertaking

(For Handing Over Land Required For Road Widening)

That I/we have submitted building plans for construction of building on

plot No.............. Block No.........................located at...........................to

the ..........................under Sanction..................... of the ....................Act

for favour of sanction.

I/we undertake to hand over the land required for road widening as

shown on site plan to concerned Authority free of cost as and when

asked by........................to do so.

I/we have already understood that the........................is granting sanction

on the basis of my undertaking.

If I/we fail to do so, the sanction so accorded shall be revoked and

construction done as consequence thereof shall be deemed to have done

unauthorizedly and shall be actionable u/s ..........................of the

............................Act.

Deponent.

Verification

I/we verify that the contents of the above undertaking are correct to the

best of my knowledge and belief and nothing material has been

concealed therefrom.

Deponent.

—————

218

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

Appendix “C”

Proforma to be submitted by the Owner

1.

Name, Status and Address of the applicant .

2.

Name of the Architect and address with Registration Number

with Council of Architecture.

3.

Details of the property/plot —

(a) Location.

(b) Boundaries.

(c) Area in sq.m. with dimensions (net plot area).

(d) Width of the roads.

4. Land use —

(a) Master Plan.

(b) Zonal Development Plan.

(c) Approved Layout Plan.

5. Title —

(a) Free Hold.

(b) Leasehold under notification for acquisition if lease hold

permission of less or for construction under the leasehold

condition obtained.

(c) Whether under acquisition, if so give details.

6. Whether the plot/land is affected under the Urban Land (Ceiling

and Regulation) Act, 1976. If so, copy of the NCO from the

concerned Authority be furnished.

7. Proposals—

(a) Land use .

(b) Coverage on each floor with proposed use of the floor

space including basement.

(c) FAR.

(d) Height.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 219

(e) No. of floors.

(f)

Envelope controls/setbacks.

(g) Parking norms.

Encl. :

1. Ownership title .

2. Permission to construct under the lease.

3. Permission under the Land Ceiling Act, 1976.

4. Site/Location Plan.

5. Tentative proposals to explain the scheme.

Signature of Architect

Name......................................

Reg. No.................................. Address.....................................

Signature of the owner

Name........................................ Address...................................

———

220

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

Appendix “D”

Penal Action for violation of provisions of Master Plan, Zonal Plans and

Building Bye-Laws.

(A) Non-Compoundable Items :

Any deviations except those set-in para “AA” hereunder, from the

maximum, minimum prescribed limits regarding—

1.

Coverage,

2.

F.A.R.,

3.

Setbacks,

4.

Open spaces,

5.

Total height of the building,

6.

No. of floors,

7.

No. of DUs and density,

8.

Parking norms,

9.

Light and Ventilation provisions,

10.

Land Use,

11.

Access road requirement,

12.

All other provisions of these Bye-laws except item given in

para ‘B’ below shall not be compounded/regularized and shall

have to rectified by altering/demolition at the risk and cost of

owner. Besides this any other action as per terms and

conditions of lease and provisions of Act shall proceed.

(A. A.) Compounding Excess Coverage/FAR :

1. Deviations in the coverage/FAR to the extent of 5% of the

permissible coverage/FAR or 13.5 sq.m. whichever is less in

building(s) use premises, other than building(s) use premises

where 100% ground coverage and fixed height is allowed as per

Architectural control forming part of comprehensive schemes

like District Centre, Community Centres, Cluster Court Housing

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 221

etc. may be compounded after levying penalty at the following

Rates:—

Rates of excess coverage/floor area:

Up to 5% of excess coverage/FAR a one-time compounding fee

equivalent to the land rated in the concerned locality applicable

at the time of the application for compounding.

2. For excess coverage/FAR for above 5%. Any excess coverage

above 5% or 13.5 sq.m whichever is applicable would be liable

to demolish to that extent.

3. Compounding at set back Infringements :

The infringements of the setbacks maximum to the extent of

30 cm (1 ft.) may be compounded by way of levying

compounding fee at the following rates :—

Infringements

Residential

Buildings

Non-Residential

Buildings

Up to 15 cm (6 inch)

Rs. 1000 per sq.m.

of area infringing

the set back

Rs. 2500 per sq.m.

of area infringing

the set back

Above 15 cm (6 inch) Rs. 2000 per sq.m

of area infringing

the set back

Rs. 5000 of area of

the infringing the

set back

(B. B.) Compoundable Items :

If a building or part thereof has been constructed unauthorized, i.e.

without obtaining the requisite building permit from the concerned

Authority as required under the Building Bye-Laws, the same shall be

compounded at the following rates provided the building or part thereof

so constructed otherwise conforms to the provisions contained in the

Building Bye-Laws and Master/Zonal Plan regulations. For this party

shall have to submit the request for building permit in the prescribed

procedure.

Rates:

(a) Rs. 50 per sq.m. of the covered area constructed unauthorized in

residential building up to 500 sq.m. Plot size.

(b) Rs. 100 per sq.m of the covered area constructed unauthorized in

the building categorized below:—

• All Govt. Public and Semi-Public and Utility Buildings.

• Religious, Institutional and Educational Buildings.

222

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

(c) Rs.

250

per

sq.m.

of

the

covered

area

constructed

unauthorizedly—

• Residential building above 500 sq.m. plot size, Group

Housing and Guest Houses.

• Industrial Buildings.

• Storage buildings (underground or above ground)

(d) Rs. 1000 per sq.m. of covered area constructed unauthorizedly—

• Cinema and Theatre Building.

• Petrol Pumps (Filling/Service Station).

• Hazardous Buildings.

• Commercial/Business Buildings.

1. The buildings not covered specifically under the above

categories shall be compounded as decided by the Authority,

considering merits of each individual case.

2. Items which are exempted from the calculations of the coverage

and FAR e.g. canopy, basement if used for parking and services,

loft, etc. but constructed unauthorizedly without obtaining prior

permission from the Authority, but within the permissible limits

shall also be compounded/regularized at the rate prescribed

above.

3. Deviations of the building Bye-laws other than specified in (A)

(Non-compoundable)

Deviation up to the maximum extent of 10% from the

maximum/minimum prescribed limit (as prescribed by the

building Bye-laws) shall be compounded at the following

rates :—

(a) In case of deviations of areas of various components of the

building, the rate of penalty will be @ Rs. 50/- per 1%

deviation.

(b) For deviations in terms of height the penalty shall be @

Rs. 50/- per 1% of deviation for every 10 sq.m. or part

thereof of the affected area.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 223

(c) Deviations from the prescribed limit of width, length,

penalty shall be @ Rs. 50/.—per 1% of the deviation for

every 10 sq.m. or part thereof of the affected area.

The Authority if satisfied that there are other deviations of

general nature, which are not described above, may fix

rates for compounding such deviations. However, there

shall be no further relaxation in FAR and coverage over

that permitted above.

Revision of all fees and charges under consideration for

compounding and regularization shall be revisited by the

Authority from time-to-time based on the Schedule of rates.

————

224

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

Appendix “E”

Technical Aspects and Options of Rainwater Harvesting in Built forms

and open spaces

Introduction

The storage of rainwater on surface is a traditional technique and

the structures used were underground tanks, ponds, check dams,

weirs etc. Recharge to ground water is a new concept of

rainwater harvesting and the structures generally used are :—

(a) Pits.—Recharge pits are constructed for recharging the shallow

aquifer. These are constructed 1 to 2m, wide and to 3m. deep

which are back filled with boulders, gravels, coarse sand.

(b) Trenches.—These are constructed when the permeable stream is

available at shallow depth. Trench may be 0.5 to 1m. wide, 1 to

1.5m deep and 10 to 20m long depending up availability of

water. These are back filled with filler materials.

(c) Dug wells.—Existing dug wells may be utilized as recharge

structure and water should pass through filter media before

putting into dug well.

(d) Hand pumps.—The existing hand pumps may be used for

recharging the shallow/deep aquifers, if the availability of water

is limited. Water should pass through filter media before

diverting it into hand pumps.

(e) Recharge wells.—Recharge wells of 100 to 300 mm. diameter

are generally constructed for recharging the deeper aquifers and

water is passed through filter media to avoid choking of recharge

wells.

(f) Recharge Shafts.—For recharging the shallow aquifer which

are located below clayey surface, recharge shafts of 0.5 to 3 m.

diameter and 10 to 15 m. deep are constructed and back filled

with boulders, gravels and coarse sand.

(g) Lateral shafts with bore-wells.—For recharging the upper as

well as deeper aquifers lateral shafts of 1.5 to 2 m. wide & 10 to

30 m. long depending upon availability of water with one or two

bore wells are constructed. The lateral shafts are back filled with

boulders, gravels and coarse sand.

(h) Spreading techniques.—When permeable strata start from top

then this technique is used. Spread the water in Streams/Nalas by

making check dams, nala bunds, cement plugs, gabion structures

or a percolation pond may be constructed.

———

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 225

Appendix “F”

Number and Type of Lifts Required for Different Occupancies and Space

for Electrical Installations

1. The number and type of lifts required depending on the capacity

of lift, desired speed nature of operation are as given in table

below:—

TableF-1: Number and types of lifts for non-residential

Multi-storeyed Building

Sl.

No.

No. of

floors

Capacity

of lifts in

person

Speed

m/s

No. of persons that can be carried by a lift

In 6 min

In 30 min.

In 50 min.

In 60 min.

Man-

ually

Oper-

ated

Auto-

matic

Man-

ually

Oper-

ated

Auto-

matic

Manu-

ally

Oper-

ated

Auto-

matic

Manu-

ally

Oper-

ated

Auto-

matic

1

2

3

4

5

6

7

8

9

10

11

12

1

7

6

0.6-0.75

17

-

102

-

170

-

204

-

2

7

8

0.6-0.75

22

-

132

-

220

-

-

-

3

7

10

0.6-0.75

26

-

156

-

260

-

312

-

4

7

10

1.0

30

-

180

-

300

-

360

-

5

7

13

1.0

37

-

122

--

370

-

444

-

6

11

6

0.6-0.75

11

-

70

-

115

-

140

-

7

11

8

0.6-0.75

15

-

90

-

150

-

180

-

8

11

10

0.6-0.75

18

-

108

-

180

-

216

-

9

11

13

0.6-0.75

22

-

132

-

220

-

264

-

10

11

10

0.6-0.75

21

-

126

-

210

-

252

-

11

11

10

1.5

24

-

144

-

240

-

288

-

12

11

13

1.5

28

-

156

-

260

-

312

-

13

11

13

1.5

32

-

180

-

300

-

-

-

14

16

10

1.0

17

-

100

126

170

210

-

252

15

16

13

1.5

20

24

120

145

200

240

248

290

16

16

13

1.5

23

30

138

180

230

300

-

360

17

16

16

1.5

25

33

150

198

250

330

300

356

18

21

10

1.5

18

32

108

132

180

220

214

264

19

21

13

1.5

21

26

126

156

210

250

250

312

20

21

14

1.5

23

28

138

168

230

280

-

-

226

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

Note-1:

(a) For all non-residential buildings, the traffic cleared in 50

minutes is considered adequate and is approved by

Authority. As such for calculation the number of lifts

required, the rate of the clearance of traffic in column 9

and 10 and the population may be taken into consideration.

(b) In addition to total number of lifts required as above,

provision of one lift of the same capacity may be

considered to serve as stand-by.

Note-2: The population may be worked out on the basis of useful

carpet area which the person occupy (excluding area of

Verandah, Lobbies, Halls, Passages, Lavatory blocks, etc.)

Note-3: The population on ground and first floor may not be taken

into consideration since these floors are not generally

served by lifts.

Note-4: 0.75 m per sec.

Equivalent to 150 ft. per Min

1.00 m per sec.

Equivalent to 200 ft. per Min.

1.5 m per sec.

Equivalent to 300 ft. per Min.

Note-5: The height of buildings for lift installation i.e. the travel on

the lift presumed in the above statements is as below:—

7 floors 21.0 m.

11 floors 33.0 m.

16 floors 48.0 m.

21 floors 64.0 m.

Table F-2: Number and types of lifts for Residential Building

Sl.

No.

No. of

Floors

No.

Passen-

ger unit

capacity

Persons

Speed in

m/s

Land-

ing

Gate

Type

Central

System

Service

Lift

No.

Capa-

city

Persons

Type

of

Gate

Cent-

ral Sys-

tem

1

2

3

4

5

6

7

8

9

10

11

1

5 to 8

2

6

0.0 to 0.5

*

Automatic

push button

operation

both from

car and

landing

-

-

-

Push

button

car

handle

switch

control

2

9 to 12

2

8

0.6 to 1

*

--do--

1

8

-

Push

button

car

handle

switch

control

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 227

1

2

3

4

5

6

7

8

9

10

11

3

11 to 13

2

1

8

6

0.6 to

0.74

*

Power

operat

ed

doors

--Do--and

without

collection

system

--do--

1

8

-

Push

button

car

handle

switch

control

4

13 to 19

2

2

8

8

1

1

-

Power

operat

ed

doors

--do--

1

8

-

Push

button

car

handle

switch

control

* For buildings more than 15 m. in height collapsible gates shall not

be permitted. [see bye-law No. 7.9.1(f)].

———

228

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

Appendix “F-1”

The dimensions and relevant information for lift installations like lift

well, pit depth, machine room, clearance from top floor landing to

machine room flooring is given in table below :—

TableF-3: Dimensions and required information for Lift

Installation in Building

Carry-

ing

Capa-

city of

lift

(per-

sons)

Num-

ber

Load

(kg)

Lift

Speed

Dimension

of Lift well

front depth

(In cm.)

(Cm)

Leading

Pit

Entrance

(Cm)

Dimension of

Machine Room

Clearance

from top

floor

landing to

machine

room

flooring

cm

Imposed

load in

tones on

top of lift

well due

to

installat-

ion. It

may be

noted that

figures do

not

include

weight of

the

machine

from

floors and

well, etc.

1

2

3

4

5

6

7

8

9

10

11

12

4

272

Up to &

including

1 m/s

175

115

70

140

230

275

245

450

6.5

6

408

--do--

195

135

80

140

230

335

275

450

7.0

8

544

Up to &

including

1 m/s

200

170

80

150

245

395

275

450

8.5

10

680

Up to &

including

1.5 m/s

225

170

90

150

245

395

305

470

10.5

13

884

--do--

235

188

90

150

245

425

335

470

13.0

16

1088

--do--

255

205

105

150

245

520

335

480

15.0

20

1360

--do--

255

220

105

150

245

520

335

480

15.0

Note:—

(i) All lift well dimensions are minimum clear finished plumb

requirements.

(ii) Where more than one lift is located in the lift well, extra width

of 10 cm. Separator beam should be provided.

(iii) 1 m/s = 200 ft./min.

(iv) The height. of landing entrance should be 210 cm. (about 7

ft.) for all lifts.

————

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 229

Appendix “G”

Guidelines for Mitigation of Effects of Electro Magnetic Radiation in

Built Spaces

Introduction

Electromagnetic radiations are energy waves having time varying

electric and magnetic fields at right angles to each other and are

predominantly used for wireless communication.

Although, Electromagnetic Fields (EMF) occur in nature and thus

have always been present on earth (Sun is the biggest source of

natural EMR), nevertheless their occurrence has become more

pronounced due to rapid advances of wireless technology in the

communication sector.

The twentieth century witnessed, steady rise of environmental

exposure to man-made sources of EMF due to increasing electricity

demand, ever-advancing wireless technologies and changes in work

practices and social behaviour. The unprecedented growth in

communication industry in recent years has also caused an

exponential rise in electromagnetic radiations in the envelopes

surrounding all living habitats.

Human beings are thus exposed to a complex mix of electric and

magnetic fields at many different frequencies, at home and at work.

EMF (Electro Magnetic fields) can be broadly divided into—

1. Low-frequency

electromagnetic

fields.—The

common

sources of which include power lines, household electrical

appliances, and

2. High frequency electromagnetic fields.—The main sources

of which are radar, radio and television broadcasting,

mobile telephones and their base stations, induction heaters

and anti-theft devices etc.

230

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

Given below is the chart of Electromagnetic spectrum which

highlights various ranges of frequencies and the equipment which

work in these ranges of frequencies:—

Figure G-1

Therefore, there is an urgent need to adopt precautions for living

beings from any effects of electromagnetic radiations at our work

places as well as at our living spaces.

Electromagnetic Radiations : Effects of Exposure :

The effects of electromagnetic radiation upon living cells, including

those on humans, depend upon the frequency as well as the

penetrating power of the radiation.

Initially, it was believed that low frequency fields were too weak to

cause heating to a significant level and thus do not have any

biological effect. There have been a number of epidemiological

studies for a relationship between cell phone use and consequent

health threats that have been largely inconclusive. Thus, it can be

concluded that their effect is not very prominent although significant.

However, there are sufficient evidences to suggest the existence of

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 231

complex biological effects of weaker non-thermal electromagnetic

fields, and modulated RF and microwave fields. World Health

Organization has classified radio frequency electromagnetic

radiation as a possible group 2b carcinogen (possible weaker

threats).

In case of low-frequency radiations (radio waves to visible light)

therefore, depending upon the power of the radiation heating effects

are caused due to absorption of radiation by the living cells. These

thermal effects increase with the frequency of radiation as

penetration of radiation into the organism increases (for example

microwaves penetrate more than infrared rays).

At higher frequencies (visible and beyond) however, the individual

photons of the radiation carry enough energy individually and thus

directly or indirectly can damage biological molecules. All

frequencies of UV radiation have therefore been classified as Group

1 carcinogens by the World Health Organization. In this context it is

a significant fact that Ultraviolet radiation from sun exposure is the

primary cause of skin cancer. Thus, at such frequencies

electromagnetic radiations cause much more damage to biological

systems than simple heating. This is most obvious for the “extreme”

Ultraviolet, X-ray and Gamma radiations, which are referred to as

ionizing radiations due to the ability of photons of this radiation to

produce ions and free radicals in materials which include living

tissues as well. Since such radiation can produce severe damage to

life at powers that produce very little heating, it is considered much

more dangerous than the rest of the electromagnetic spectrum.

Health risks from Electromagnetic radiations can be numerous

depending upon the power and frequency of radiations.

From the perspective of prevention of any health effects of Electro

Magnetic Radiations there is a need of suitable precautions, since it

is not possible to keep away from them owing to the advent of

wireless

communication

technology

which

is

based

upon

electromagnetic waves of higher frequencies besides many other

applications like microwave, remote controlled toys, cordless

phones, TV remotes, etc.

232

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

Guidelines for Buildings and Built forms mitigating effects of

EMR :

While planning a building or a residential complex/township, it is

most desirable to list all probable equipment/appliance emitting

Electromagnetic Radiations in order of ascending/descending

intensities. These should also be categorized as per indoor and

outdoor emissions. Their placement in the built space and

surroundings can then be decided based on certain premises.

The most fundamental principal in this regard is that the effect of

Electromagnetic Radiation decreases with increase in distance from

radiation emitting source. It is thus advisable—

•

To keep a safe distance from working electric and electronic

equipment.

•

Minimize the use of all equipment working on wireless

technology like cordless phones, Wi-Fi, Bluetooth and the

cell phones.

•

Disconnect electric and electronic equipment from the

power supply when not in use, especially in areas of

prolonged occupancy.

Further, the list of equipment/appliances generally used in and

around working/living space is placed below for appreciation of

EMR radiation:—

1.

RF Sources i.e. the transmitting towers such as AM/FM radio

towers, TV towers, cell phone towers transmitting EMR

continuously.

2.

Cell phone which is ON but not in use also radiates and Wi Fi

(Wireless Internet).

3.

Cordless phone.

4.

Wi-max.

5.

Other wireless devices.

6.

CFL (Compact Florescent Light) bulbs.

7.

Neighbouring EMR sources that are located next to shared

walls.

8.

Computers and laptops.

9.

Air conditioning systems.

10.

Refrigerators.

11.

Electrical heating systems/Microwave Ovens.

12.

Power generators and voltage converters.

13.

Stereo and home entertainment systems.

14.

Fans.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 233

This list is only indicative and not exhaustive and there can be

additions to it.

From the view point of effective communication, providing of

mobile towers in a township/office complex is an essential

requirement and thus should be carefully planned.

The mobile tower generates and transmits high frequency radiations;

so more care is needed for their placement. It should be ensured that

the building identified to mount the tower should be the tallest in the

vicinity and should not have adjoining buildings on which proposed

or existing habitable floors are within close-range.

OR

Mobile Tower should be mounted on the highest sanctioned building

in an area.

In regular practice that many cellular operators mount their antenna

on a single tower along with other operators which increase the

effects of EMR manifolds and should thus be avoided as far as

possible. Else height. of the tower should be increased.

Besides, Substation Equipment like Transformer, DG set etc. are also

to be provided for fulfilling the bulk power requirement of the

building and should be suitably placed for electrical safety as well as

for mitigating effects of EMR. However, as these are low frequency

devices, their placement is too decided more from electrical safety

point of view than EMR.

In addition, various light. sources inside the living/working spaces,

UPS, servers, various other equipment running on Wi-Fi may also

emit EMR. Hence their placement inside the building also needs

careful consideration.

Thus, in a built environment of considerable human occupancy,

following broad guidelines should be adopted for placement of utility

equipment/appliances serving the building as a whole :—

Equipment external to the building: Mobile Towers

234

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

Figure G-2

Location of communication towers is governed by radio frequency

system adopted and as far as possible cellular operator should try to

avoid residential areas. However, where it is not possible to avoid

these, they should request for permission from the appropriate

authority for installation on roof top of the tallest existing

buildings—

i. First preference should however, be given to the location of

tower in the commercial areas or other public areas.

ii. Where it is not possible to avoid the location of this tower

in residential, area possibility should be explored to locate

them in green belts within residential sectors or open

spaces/community buildings in the sectors.

Where it is not possible to find such suitable space mentioned at

Sr. No. (ii) above, tower should be permitted on the roof top of

residential buildings subject to the condition that a structural safety

certificate from a certified Structural Engineer has been obtained.

Such towers should not be permitted on occupied buildings, however

if inevitable, a Steel/Metal frame of 6 m. height over the roof level of

the last habitable floor of the building should be provided to

accommodate the tower and its associated units.

Structural stability of the said building should be calculated with the

overall loading of such metal steel frames mounted atop and

“Structural stability certificate” should be submitted by a registered

structural engineer with the application for the permission of

building (pre-design) or installation (post-design).

Transformers.—In addition to the fenced ionized area around a

transformer, neighbourhood level congregation activity areas should

not be planned/permitted within 3 m of the fence.

Diesel Generators.—The location of the Generator within the Plot

premises should not be adjacent to any habitable/community/

recreational activity within a radius of 3m.

Indoor equipment/Appliances:

Electrical Switchboards.—Unless otherwise amended by Barrier-

free access regulations to such fixtures, they should be mounted as

per existing stipulations laid down in CPWD General Specifications

for Electrical Works-Part I Internal 2013.

No. 36-7]

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943. 235

Wireless Routers.— Within the housing unit, the vertical mounting

height of the router should be not less than 4 feet and should be kept

in the Drawing/Dining zone and not within the zones of longer

period of occupancy e.g. Bedrooms.

In non-residential units i.e. office spaces these routers should be kept

as much away as possible and should be switched off when not in

use.

Figure G-3

Server Room.—Occupied Work-stations should be at least 5 m

away from the server room or associated equipment. If people are

sitting in the same room, they must wear protective gear and should

not have prolonged exposure.

Computer.—Should be placed in the most isolated place in a

dwelling unit, while in an office space, it should not be less than 2.5

feet away from the person using it.

UPS.—Should also be placed in the most isolated place in a dwelling

unit, while in an office space it should not be less than 2.5 feet away

from the person using it.

Mobile Phone.—It usually remains with the user all the time. The

only time it is kept away is when it is being charged. Thus mobile

should be charged from a remotely located power point. It is thus

preferable to provide a charging station in almost every

working/living space at a location, as far as permissible from living

space considerations.

Light sources.—Usually, sun as a source of natural light is the

biggest source of electromagnetic radiations. However, the

atmosphere surrounding us provides a natural shield from

electromagnetic radiations. In this context, the light sources used

inside a living/working space should be given careful consideration

236

The J&K Official Gazette, 7th Dec., 2021/16th Agra., 1943.

[No. 36-7

from the point of view of Electromagnetic Radiations. Many

luminaries available presently, like Fluorescent tubes, compact

fluorescent lamps, LED lights etc. are used in working/living spaces.

So, their use should not only be determined from the point of view of

energy conservation but also from the point of view of

Electromagnetic Radiations. For this purpose, recommendations of

the manufacturers should serve as proper guidelines—

Table G—1: below summarizes appropriate placement of

equipment’s/appliances in the built environment:—

Sr.

No

Equipment

Minimum safe distance

1.

Mobile Towers

6 m height over the roof level of the last

habitable floor of the building.

2.

Transformers

3 m

3.

Electrical Switchboards No Change

4.

Wireless Routers

4 feet (1.2 m)

5.

Server Room

5 m

6.

UPS

2.5 feet (0.75 m)

7.

Diesel Generators

Radius of 3 m

8.

Mobile Phone

2 feet (0.6 m)

9.

Computer

2.5 feet (0.75 m)

10. Laptop

2.5 feet (0.75 m)

11. UPS

2.5 feet (0.75 m)

12. Wireless Router modem 4 feet (1.2 m)

13. Server room

5 m away from workstations

Note:—Intensity of Electromagnetic Radiations decreases with

increase in distance from the radiation source. So as to

minimize exposure maximum possible distance should be

kept.

(Sd.) ………………….

Chief Executive Officer,

Katra Development Authority,

Katra.

EXTRAORDINARY

REGD NO. JK-33

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

—————————————————————————————————

Vol. 134] Jammu, Thu., the 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

—————————————————————————————————

Separate paging is given to this part in order that it may be filed

as a separate compilation.

—————————————————————————————————

PART III

Laws, Regulations and Rules passed thereunder.

————

JAMMU AND KASHMIR UNIFIED

BUILDING BYE-LAWS, 2021,

DEVELOPMENT AUTHORITY, SRINAGAR

October, 2021.

GOVERNMENT OF JAMMU AND KASHMIR,

Housing and Urban Development Department

Jammu and Kashmir.

CHAPTER 1

PRELIMINARY

1.1 Title, commencement and application.—

These building Bye-Laws may be called the Jammu and Kashmir

Unified Building Bye-Laws, 2021 They come into force from the

2

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

date of their final publication in the official Gazette in the manner

prescribed by the Competent Authority.

All mandatory Master Plan or Zonal Regulations regarding use,

land use, including modification therein made from time to time

shall be applicable mutatis mutandis in these Bye-laws under this

clause. All amendments or modifications made in the aforesaid

regulations shall automatically stand deemed to have been included

as part of these Bye-laws.

1.2

Definitions.—

In these Bye-laws, unless the context otherwise required the

definition given shall have the meaning indicated against each

term:—

1)

Advertising Sign.—Any surface or structure with

characters, letters or illustrations applied there to and

displayed in any manner whatsoever out of door for the

purpose of advertising or giving information regarding or to

attract the public to any place, person, public performance,

article, or merchandise and which surface or structure is

attached to, from part of, or is connected with any building

or is fixed to a tree or to the ground or to any pole screen,

fence or hoarding or displayed in space, or in or over any

water body included in the jurisdiction of the concerned

Authority.

2)

Alley—means a public thoroughfare which affords only a

secondary means of access to abutting property and not

intended for general traffic circulation.

3)

Apartment.—The building will be called apartment house

when the building is arranged/intended/designed to be

occupied by the families independent of each other and

with independent cooking facility for the purpose of

sale/lease/rent to person.

4)

Access.—A clear approach to a plot or a building.

5)

Alteration.—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 wall, partition, column, beam, joist, floor

(including a mezzanine floor) or other support, or a change

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

3

to or closing of any required means of ingress or egress or a

change to the fixtures or equipment.

6)

Approved.—Approved

by

the

Authority

having

jurisdiction.

7)

Air-Conditioning.—A process of treating air to control

simultaneously its temperature, humidity, cleanliness, and

distribution to meet the requirement of an enclosed space.

8)

Authority Having Jurisdiction.—The Authority which

has been created by a statute and which for the purpose of

administering the Bye-laws/part may authorize committee

or an official to act on its behalf; hereinafter called the

‘Authority’.

9)

Balcony.—A

horizontal

projection,

cantilevered

or

otherwise including a parapet handrail balustrade, to serve

as a passage or sitting out place.

10) Basement or Cellar.—The lower story of a building

below, or partly below the ground level.

11) BPIA (Building Permit Issuing Authority).—The officer

notified by the Urban Local Body or Urban Local

Authority for issuing the Building Permits.

12) Building.—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, floors roofs, chimneys, plumbing

and building services, fixed platforms, varanda, 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.

Tents, Shamianahs, tarpaulin shelters, etc., erected for

temporary and ceremonial occasions with the permission of

the Authority shall not be considered as building.

13) Building Line.—The line up to which the plinth of

building adjoining a street or an extension of a street or on

a future street or a water channel may lawfully extend and

includes the lines prescribed, if any, in any scheme and/or

development plan.

The Build-to-Line shall be considered as the imaginary line

formed after leaving the front (Roadside Setback/Setback)

as governed by the road width.

4

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

Building line shall be measured from the centre of median

or centre of carriageway for established roads and the

centre of RoW for other roads.

14) Building Height.—The vertical distance measured—

a. In the case of flat roofs from the average level

surrounding ground and continuance to the highest

point of the building.

b. In case of pitched roofs up to the point where the

external surface of the outer wall intersects the

finished surface of the sloping roof.

c. In the case of gables facing the road, the midpoint

between the eaves level and the ridge. Architectural

features serving no other function except that of

decoration shall be excluded for the purpose of

taking heights.

15) Building Envelope.—The horizontal spatial limits up to

which a building may be permitted to be constructed on a

plot.

16) Building setback—means the distance by which any

building or structure shall be separated from the

corresponding boundary lines of the plot.

17) Built up Area—means area covered immediately above

the plinth level and the external area of upper floor.

18) Canopy—shall mean a cantilevered projection from the

face of the wall over an entry to the building at the lintel

level provided that :

a.

It shall not project beyond the plot line.

b.

It shall not be lower than 2.3 metres or 7/-6// when

measured from the ground.

c.

There shall be no structure on it and the top shall

remain open to sky.

19) Carpet Area.—The covered area of the usable rooms at

any floor level (excluding the area of the wall).

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

5

20) Chajja.—A sloping or horizontal structural overhang

provided over openings on external walls for protection

from the weather.

21) Cabin.—A non-residential enclosure constructed of non-

load bearing partitions.

22) Chimney.—A construction by means of which a flue is

formed for the purpose of carrying products of combustion

to the open air and includes a chimney stack and the flue

pipe.

23) Ceiling height—means the vertical distance between the

floor and the ceiling, where a finished ceiling is not

provided, the underside of the joists or top of post plate in

case of pitched roof shall determine the upper point of

measurement.

24) Commercial Building—means a building used as shop,

store, market, money transaction, sale and purchase of

goods either wholesale or retail, storage, godown or any

other activities carried in furtherance of trade and

commerce.

25) Competent Authority.—The Administrative Secretary,

Housing and Urban Development Department shall be the

Competent Authority.

26) Clinic—means a premise with facilities for treatment of

outdoor patients by a doctor.

27) Courtyard.—A space permanently open to sky, enclosed

fully or partially by buildings and may be at ground level or

any other level within or adjacent to a building.

28) Cornice—means a sloping or horizontal structural

overhang usually provided over openings or external walls

to provide protection from sun and rain.

29) Cluster.—Plots or dwelling units or housing grouped

around an open space ideally housing cluster should not be

very large. In ground and one storeyed structure not more

than 20 houses should be grouped in a cluster. Clusters

with more dwelling units will create problems in identity,

encroachments and of maintenance.

6

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

30) Covered Area.—Ground area covered by the building

immediately above the plinth level. The area covered by the

following in the open spaces is excluded from covered area.

Garden, rockery, well and well structures, plant nursery,

water pool, swimming pool (if uncovered), platform round

a tree, tank, fountain, bench, Chabutra with open top and

unenclosed on sides by walls and the like; Drainage culvert

conduit, catch-pit, gully pit, chamber, gutter and the like;

Compound wall, gate, unstoreyed porch and portico,

canopy, slide, swing, uncovered staircase, ramps areas

covered by Chhajja and the like; and Watchmen’s booth,

pump house, garbage shaft, electric cabin or sub-stations,

and such other utility structures meant for the services of

the building under consideration.

Note:−For the purpose of this Part, covered area equals the plot

area minus the area due for open spaces.

31) ‘Cul-de-Sac’ Cluster.—Plots/dwelling units when located

along a pedestrianized or vehicular 'cul-de-sac’ road.

32) Day/s.—Working day of the BPIA.

33) Density.—The residential density expressed in terms of the

number of dwelling units per hectare.

Note:−Where such densities are expressed exclusive of

community facilities and provision of open spaces and

major roads (excluding incidental open spaces), these will

be net residential densities. Where these densities are

expressed taking into consideration the required open

space provision and community facilities and major

roads. These would be gross residential densities at

neighbourhood level. Sector level or town level, as the

case may be. The provision of open spaces and community

facilities will depend on the size of the residential

community. Incidental open spaces are mainly open

spaces required to be left around and in between two

buildings to provide lighting and ventilation.

34) Designated Persons.—The person notified by the Urban

Local body or Urban Local Authority for the receipt of

documentations and clearances on behalf of ULB/ULA.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

7

35) Detached Building.—A building detached on all sides.

36) Development.—‘Development’

with

grammatical

variations means the carrying out of building, engineering,

mining or other operations, in, or over, or under land or

water, on the making of any material change, in any

building or land, or in the use of any building, land, and

includes redevelopment and layout and sub-division of any

land; and to develop shall be construed accordingly.

37) Drain.—A conduit, channel or pipe for the carriage of

storm water, sewage, waste water or other water borne

wastes in a building drainage system.

38) Drainage.—The removal of any liquid by a system

constructed for the purpose.

39) Dwelling.—Is a building designed or used to be used for

residential purposes. Dwelling shall not include boarding or

rooming houses, tents, tourist camps, hotels, guesthouses,

or other structure used for transit residents like pilgrims,

tourists, specialized terms etc.

40) Dwelling Unit/Tenement.—An independent housing unit

with separate facilities for living, cooking and sanitary

requirements.

41) Escalator.—A power driven, inclined, continuous moving

stairway used for raising or lowering passengers.

42) Exit.—A passage, channel or means of egress from any

building, storey or floor area to a street or other open space

of safety.

43) Enclosed Staircase—means a staircase separated by fire

resistant walls and doors from the rest of the building.

44) Erection—means to construct for the first time or to

construct existing building after demolition or to add

another storey over the existing one according to some pre

or revised plans.

45) Fire and/or Emergency Alarm System—means an

arrangement of call points or detectors, sounders and other

equipment for the transmission and indication of alarm

signals working automatically or manually in the event of

fire.

8

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

46) Fire Pump—means a machine, driven by external power

for transmission energy to fluids by coupling the pump to a

suitable engine or motor, which may have varying

outputs/capacity but shall be capable of having a pressure

of 3.2 Kg/cm2 at the topmost level of multi-storey or high

rise building.

47) Fire Service Inlet—means a connection provided at the

base of a building for pumping up the water through in-

built fire-fighting arrangements by fire service pumps in

accordance, with the recommendation of the Chief Fire

Officer.

48) Filling station—means an area of land including any

structures thereon that is or are used or designed to be used

for the supply of gasoline or oil or fuel for the propulsion of

vehicles. For the purpose of these building regulations

these shall be deemed to be included within this term, any

area or structure used designed to be used for polishing,

greasing, and washing, spraying or otherwise cleaning or

servicing such motor vehicles.

49) Fire Hazard Industries.—

i)

“Low

Fire

Hazard

Industries”

include

engineering

industries

using/processing

or

assembling non-combustible materials i. e. lathe

machines, steel works, steel components etc.

ii)

“Moderate Fire Hazard Industries” industries

include

using/processing

or

assembling

combustible materials but not flammable liquid

etc., i. e. plastic industries, rubber and PVS

industries, textile paper, furniture flour mills etc.

iii)

“High

Fire

Hazard

Industries”

includes

industries using/processing flammable liquids,

gases, chemicals petroleum products, plastic or

thermo setting group etc.

50) Floor.—The lower surface in a storey on which one

normally walks in a building. The general term ‘floor'

unless specifically mentioned otherwise shall not refer to a

‘mezzanine floor’.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

9

51) Floor Area Ratio (FAR).—The quotient of the ratio of the

combined covered area of all floors, excepting areas

specifically exempted under these regulations, to the total

area of plot viz. :

Floor Area Ratio (FAR)=

       

 

52) Foundation.—This part of the structure, which is in direct

contact with ground and transmits load over it.

53) Gallery.—An immediate floor or platform projecting from

a wall or an auditorium or a hall providing etc. floor area

and additional seating accommodation and includes the

structures provided for seating in stadia.

54) Govt. Approved Colony.—A colony planned and

developed by developers and approved by urban local

bodies, development authorities, housing board or other

Govt. agencies.

55) Govt. Colony.—A colony planned and developed by

urban local bodies, development authorities, housing board

or other Govt. agencies.

56) Group Housing.—Housing for more than one dwelling

unit, where land is owned jointly (as in the case of

cooperative societies or the public agencies, such as local

authorities or housing boards, etc.) and the construction is

undertaken by one Agency.

57) Guest House.—A guest house shall have separate sleeping

accommodation on transient or permanent basis with or

without dining facilities for not more than 24 persons at a

time.

58) Habitable Room.—A room occupied or designed for

occupancy by one or more persons for study, living,

sleeping, eating, and kitchen if it is used as a living room,

but not including bathrooms, water-closet compartments,

laundries, serving and store pantries, corridors, cellars,

attics, and spaces that are not used frequently or during

extended periods.

10

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

59) Hazardous Buildings.—

(a)

Storage, handling, manufacture of processing of

radioactive substances or highly combustible or

explosive materials or of products which are liable

to burn with extreme rapidity and/or producing

poisonous fumes or explosive emanations.

(b)

Storage, handling, manufacture, or processing of

which involves highly corrosive, toxic or noxious

alkalis, acids, or other liquids, gases or chemicals

producing flame, fumes and explosive mixtures etc.

or which result in division of matter into fine

particles capable of spontaneous ignition.

60) Heritage Building—means any building of one or more

premises or any part thereof which requires preservation,

restoration, and conservation for historical, architectural,

environmental, cultural or religious purpose and includes

such portion of the land adjoining such buildings as may be

required.

61) Heritage Zone—means the area around such heritage

building as delineated under Jammu and Kashmir Heritage

and Conservation and Preservation Act, 2010 from time to

time for restricting the height of building and use of

building. The areas coming under different ASI sites

including the buffers will also be treated as heritage zone.

62) Hotel.—These shall include any building or group of

buildings under single management, in which sleeping

accommodation is provided, with or without dining

facilities.

63) Interlocking Cluster.—Clusters when joined at back and

on sides with at least one side of a cluster common and

having some dwelling units opening onto or having access

from the adjacent clusters. Dwelling units in such clusters

should have at least two sides open to external open space.

Houses in an interlocking cluster may have access,

ventilation and light from the adjacent cluster and should

also cater for future growth.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

11

64) Industrial Building—means a building, which is wholly

or

predominantly

used

as

a

warehouse

or

for

manufacturing/assembling, processing activity or distillery.

65) Ledge or Taakh.—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 1m.

66) Lift.—A mechanically guided car, platform for transport of

persons and materials between two or more levels in a

vertical or substantially vertical direction.

67) Loft.—An intermediate floor between two floors or a

residual space in a pitched roof above normal level

constructed for storage with maximum clear height of

1.5 m.

68) Master Plan.—A Master Plan for town approve by the

Government.

69) Mezzanine

Floor.—An

intermediate

floor

(having

minimum height of 2.2 m) between two floors of any storey

forming an integral part of floor below. Mezzanine Floor

shall be counted in FAR.

70) Mumty or Stair cover.—A structure with a covering roof

over a staircase and its landing built to enclose only the

stairs for the purpose of providing protection from weather

and not used for human habitation.

71) Non-conforming use/building.—It is a building, structure

or use of land existing at the time of commencement of the

zoning regulations and which does not conform to the

regulations pertaining to the zone in which it is situated.

72) Occupancy or Use.—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.

12

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

73) Open Space.—An area forming an integral part of the plot,

left open to the sky.

Note:—The open space shall be the minimum distance measured

between the front, rear and side of the building and the

respective plot boundaries.

74) Open Space, Front.—An open space across the front of a

plot between the building line and front boundary of the

plot.

75) Open Space, Rear.—An open space across the rear of a

plot between the rear of the building and the rear boundary

of the plot.

76) Open Space, Side.—An open space across the side of the

plot between the side of the building and the side boundary

of the plot.

77) Owner.—A person, a group of persons or a body having a

legal interest in land and/or building thereon. This includes

free holders, leaseholders or those holding a sublease, who

will have a legal right to occupation and have liabilities in

respect of safety or building condition. In case of lease or

sublease holders, as far as ownership with respect to the

structure is concerned, the structure of a flat or structure on

a plot belongs to the allotted/lessee till the allotment/lease

subsists.

Note:—For the purpose of this document, the word 'owner' will

also cover the generally understood terms like ‘client’,

‘user ', etc.

78) Parapet.—A low wall or railing built along the edge of a

roof or a floor.

79) Parking Space.—An enclosed or unenclosed covered or

open area sufficient on size to park vehicles. Parking spaces

shall be served by a driveway connecting them with a street

or alley and permitting ingress and egress of the vehicles.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

13

80) Pathological

laboratories—means

a

premise

with

facilities for carrying out various tests for the confirmation

of symptoms of a disease.

81) Plinth.—The portion of a structure between the surface of

the surrounding ground and surface of the floor

immediately above the ground.

82) Plinth Area.—The built-up covered area measured at the

floor level of the basement or of any storey.

83) Porch.—A covered surface supported on pillars otherwise

for the purpose of a pedestrian or vehicular approach to a

building.

84) Polyclinic—means an institution where patients are

clinically examined by one or more doctors for treatment of

disease and where patients are treated but not admitted as

indoor patients as is the case with hospitals and nursing

homes. It can have basic diagnostic facilities.

85) Public Building—means a building owned or used by

Govt. or Semi-Govt. Authority, Public Registered Trust or

such board/foundation which runs and manages charitable

institution like hospitals, educational institutions and

religious institutions. It shall also include places of

Worship like Mosque, Temple, Gurudwara, Church etc.

86) Plans—means a detailed sub-division plan indicating size

and arrangement of all premises uses.

87) Plot.—A piece of land occupied or intend to be occupied

for occupancy by a main building with its accessory

buildings and uses incidental to it.

88) Plot Width.—The shorter the distance from one side of the

plot line to the other measured through that part of the plot

to be occupied by the building.

89) Room Height.—The vertical distance measured from the

finished floor surface to the finished ceiling surface. Where

a finished ceiling is not provided, the underside of the joists

or beams or tie beams shall determine the upper point of

measurement.

14

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

90) RoW Housing/RoW Type Building.—A row of buildings,

with only front, rear and interior open spaces, where

applicable.

91) RoW-Right of Way.—The RoW is the width of land area

acquired for the construction of the roadway. This includes,

carriageway, footpath, service roads, utility area, buffer,

shoulders, and area for future expansions of road.

92) Residential Building—means a building used for human

habitation and includes all garages, stables or other

building apartment/hostels thereto.

93) Registered Technical Personnel (RTP)—will mean

qualified person/persons as Architect/Engineer/Planner/

Group

of

Technical

Personnel/Supervisor/Plumber/

Electrician who has been enrolled/licensed by the

BPIA/accreditation board.

94) Required open space.—The space between the plot lines

and the minimum building set back lines.

95) Semi-Detached Building.—A building detached on three

sides.

96) Service Road/Lane.—A road/lane provided adjacent to a

plot(s) for access or service purposes as the case may be.

97) Set-back Line.—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 plot

boundaries.

98) Site (Plot).—A parcel (piece) of land enclosed by definite

boundaries.

99) Site, Corner.—A site at the junctions of and fronting on

two or more intersecting streets.

100) Site, Depth of.—The mean horizontal distance between

the front and rear site boundaries.

101) Stair cover or Mumty.—A structure with a roof over a

staircase and its landing built to enclose only the stairs for

the purpose of providing protection from weather and not

used for human habitation.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

15

102) Storey.—The portion of a building included between the

surface of any floor and the surface of the floor next

above it, or if there can be no floor above it, then the

space between any floor and the ceiling next above it.

103) Storey, Topmost.—The uppermost storey in a building

whether constructed wholly or partly on the roof.

104) Street/Road.—Any means of access, namely, highway,

street, lane, pathway, alley, stairway, passageway,

carriageway, footway, square, place or bridge, whether

thoroughfare or not, over which the public have a right of

passage or access or have passed and had access

uninterruptedly for a specified period, whether existing or

proposed in any scheme, and includes all bunds, channels,

ditches, storm-water drains, culverts, footpaths, sidewalks,

traffic islands, roadside trees and hedges, retaining walls,

fences, barriers and railings within the street lines.

105) Street Level or Grade.—The officially established

elevation or grade of the central line of the street upon

which a plot fronts and if there is no officially established

grade, the existing grade of the street at its mid-point.

106) Street Line .—The line defining the side limits of a street.

107) To Erect.—To erect a building means,—

a.

To erect a new building on any site whether

previously built upon or not ; and

b.

To re-erect any building of which portions above the

plinth level have been pull down, burnt or destroyed.

108) Urban Local Authority (ULA).—All local authorities

constituted under J&K Development Act, 1970 and

controlled

by

Housing

and

Urban

Development

Department.

109) Urban Local Body (ULB).—All municipal corporations,

municipal councils and municipal committees constituted

under J&K Municipal Corporation Act, 2000 and J&K

Municipal Act, 2000 shall be deemed to be urban local

body.

16

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

110) Verandah.—A covered area with at least one side open to

the outside with the exception of l m high parapet on the

upper floors to be provided on the open side.

111) Ventilation—shall mean the supply of outside air into a

building through window or other openings due to wind

outside and convection effects arising from temperature,

or vapour pressure differences (or both) between inside

and outside of the building.

112) Water Closet (W.C.).—A water flushed plumbing fixture

designed to receive human excrement directly from the

user of the fixture. The term is used sometimes to

designate the room or compartment in which the fixture is

placed.

113) Window.—An opening to the outside other than a door,

which provides all or part of the required natural light or

ventilation of both to an interior space and not used as a

means of egress/ingress.

114) Warehouse—means a building, the whole or substantial

part of which is used or intended to be used for the storage

of goods but does not include a store room attached to and

used for the proper functioning of a shop.

115) Workshop—means a building where not more than ten

persons are employed in any repair/servicing or

manufacturing process.

116) Zonal plan.—A plan detailing out the proposals of

Master Plan and acting as a link between Master Plan and

the layout plan. It may contain a site plan and land use

plan, with approximate location and extent of land uses.

Such as public and semi-public buildings/works utilities,

roads, housing, recreation, industry, business, markets,

schools, hospitals, open spaces etc. It may also specify

standards of population density and various components

of development of the zone.

117) Zone—means any division in which local areas is divided

for purpose of development.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

17

CHAPTER 2

JURISIDICTION, APPLICABILITY AND PROCEDURE FOR

OBTAINING BUILDING PERMISSION AND SANCTIONING

BUILDING PLAN

2.1 Jurisdiction of Building Bye-laws :

These Building Bye-laws shall apply to the building activity in the

Union Territory of Jammu and Kashmir for all urban local bodies,

urban

development

authorities

and

metropolitan

regional

development authorities.

2.2 Applicability of Building Bye-laws :

These building Bye-laws shall be applicable to all building

activities undertaken by private or Government agencies and shall

be read in conjunction with the Master Plan/Zonal Development

Plan or any other statutory plan in force, if any, and notifications, if

any, about the same and as amended from time to time and these

building Bye-laws may be reviewed after five years.

2.3 Applicability of Bye-laws for all types of building developments

and part construction :

Except hereinafter or otherwise provided, these Bye-laws shall

apply to all development, redevelopment, erection and/or re-

erection of a building whether temporary or permanent as well as to

the design, construction of, or reconstruction and additions and

alterations to a building.

i.

Applicability of Bye-laws for Part construction :

Where the whole or part of a building is demolished or altered

or reconstructed, except where otherwise specifically

stipulated, these Building Bye-laws shall apply to the whole

building whether existing or new.

ii.

Change of use/Occupancy :

Where the use of a building is changed, except where

otherwise specifically stipulated, these Building Bye-laws

shall apply to all parts of the building affected by the change.

iii.

Reconstruction :

The reconstruction in whole or part of a building which has

ceased to operate due to fire, natural collapse or demolition

18

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

having been declared unsafe, or which is likely to be

demolished by or under an order of the Authority as the case

may be and for which the necessary certificate has been given

by the Authority.

2.4 Existing approved building :

Nothing in these Bye-laws shall require the removal, alteration, or

abandonment, nor prevent continuance of the lawfully established

use or occupancy of an existing approved building unless, in the

opinion of the Authority such a building is unsafe or constitutes a

hazard to the safety of adjacent property or to the occupants of the

building itself.

2.5 Building Permit Required :

No person shall undertake any building operation/construction

without obtaining a valid Building Permit prior to commencement

of such activity. Issuance of a Building Permit by the BPIA shall

mean an acceptance by the Authority that the design and

specifications of the proposed building, for which Building Permit

has been issued, conforms to these Building Bye-laws/Building

Regulations, and, that the person holding the Building Permit may

undertake construction of the proposed building. It does not

constitute acceptance of correctness, confirmation, approval or

endorsement of—

a)

Easement rights of the plot on which the building is proposed.

b)

Workmanship, soundness of material and structural safety of

the proposed building and shall not bind or render the

Authority liable in any way in regard to (a) and (b) above.

Design and specifications of all aspects of a building shall be

the responsibility of the owner of the building. Design and

specifications of a building shall be mandatory and may be

examined by the BPIA for ensuring the compliance of the

building to these Building Bye-laws/Regulations.

2.6 Procedure for obtaining Building Permit :

Every person who intends to erect or re-erect or make material

alteration in any place in a building or part thereof, within the local

area, shall apply in writing or online as prescribed to the BPIA, on

prescribed format. Such notice shall be accompanied with the plans.

Copies shall be retained in the office of the Authority for record

after the issuance of permission and a copy shall be given to the

applicant and the concerned Ward Officer.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

19

2.6.1

Notice/Application :

Application for Building Permit shall be made by the owner of

the plot on which the building is proposed in the format

prescribed by the agency (Appendix “A”: Form for Application

to Erect, Re-erect or to make Material Alteration in any place in

a Building). Drawings, specifications and documents to be

submitted along with Application for obtaining a Building

Permit shall be as per these Bye-Laws.

2.6.2

Scrutiny of Application :

The Authority shall undertake scrutiny of the application for a

Building Permit with all the requisite checklists. Any deficiency

if found during scrutiny shall be communicated in writing to the

applicant in the prescribed format within time-frame as defined

in section 2.15 and 2.16. The applicant shall submit the revised

application to comply with the objections raised within seven

days. The Authority shall scrutinize the resubmitted plans and if,

there are still some objections that shall be intimated to the

applicant for compliance. It is further clarified that—

(a) No Application shall be valid unless the information

required by the Authority under these Bye-laws or any

further information which may be required has been

furnished to the satisfaction of the Authority.

(b) The Owner/Registered Technical Person shall be fully

responsible for any violation of Master Plan/Zonal

Plan/Building Bye-laws, architectural controls, lease deed

conditions etc. In case of any default, they shall be liable for

action. Any construction so raised shall be deemed to be

unauthorized and shall be liable for action.

2.6.3

Grant or Refusal of a Building Permit :

After receiving the replies, designs and specifications of

proposed building, Building Permit shall be issued to the

applicant when the BPIA is satisfied that the design and

specifications of the proposed building comply with these

building Bye-laws. However, if after receiving the replies the

proposed building does not comply with Building Bye-laws,

Master Plan etc., the application may be rejected. Reasons for

20

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

rejection shall be communicated to the applicant within fifteen

days in the prescribed format (Appendix “A-7”: Form for

Refusal of Building Permit).

2.6.4

Exemption to Government:

No Government/Semi-Government organizations either Central

or UT shall be exempted from complying with the provisions of

the Bye-laws/Regulations, unless ‘Government’ grants such an

exemption.

2.6.5

Plans and documents accompanying applications :

The following plans shall accompany the application for grant of

building permission:—

(a) Site Plan.—The site plan drawn to a minimum scale of

1:200/1'=16'-0″ or Graphic Scale and shall show the

following:—

(i)

The boundaries of the site belonging to the owner

with dimensions and of any contiguous land and

other features including buildings up to 50/-0//

surrounding ;

(ii)

The position of the site in relation to neighbouring

streets with name of the street on which the building

is situated ;

(iii) The position of the site and all other buildings (if

any) which the applicant intends to erect upon his

land in relation to—

•

The boundaries of the site and in case where the

site has been partitioned, the boundaries of the

portion owned by the applicant and also of the

portions owned by other owners of that entire

plot ;

•

The means of access from an existing street to the

building ;

(iv) Graphic Scale with north direction ;

(v)

Plot area, plinth area, floor space index/floor area

ratio ;

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

21

(vi) Location, name and width of each adjacent road or

lane ;

(vii) Such other particulars as may be prescribed by the

Authority ;

(viii) The applicant shall also submit landscape plan

indicating

all

landscaping

elements

viz-a-viz

structure wherever applicable ;

(ix) Location with precise latitude and longitude/key

plan of the site not to scale but giving distance from

known landmark ;

(x)

All utilities lines have to be marked in site plan

wherever necessary ;

(xi) The position of all the existing features like high

tension line, telegraph and electrical poles/lines,

underground pipe lines, trees, grave yards, religious

buildings, railway lines, etc. within a distance of

30m from the nearest edge of the site, all major

physical features of land proposed to be developed

which include the approximate location and size of

any water body, flood affected areas and contours at

an interval of 0.3m in case of the site which has a

slope more than 1:20.

(b) Building Plan.—The details of the building which inter

alia shall include plans, elevations and sections enclosed

with the application shall be accurately drawn to scale of

1:100/1//=8/-0// or Graphic scale. Adequate arrangement for

proper drainage shall also be shown. The plan shall

include—

(i)

Complete layout plan of the area or areas showing

location and width of all street’s dimensions, sizes

and uses of all the plots.

(ii)

Plans of all floors, accessory buildings and

basement plan. Such drawings shall fairly indicate

the size of rooms, size of windows and ventilators,

size of door opening and stair runs.

(iii) Location of drains, sewers, public utility, electric

lines, services, transformers.

22

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

(iv)

Exact location of essential services such as W. C.

sink, bath etc.

(v)

Proposed and existing works should be clearly

indicated in different colour (other than red) or in

marking.

(vi)

Sectional drawings showing clearly the sizes of

footings, thickness of basement walls, if any, all

roof slabs and floor slabs, ceiling heights and

parapet height with their materials. The section shall

indicate the drainage and slope off the roof. At least

one section shall be taken through the staircase.

(vii) Details of served privies (if any).

(viii) Street elevation and one more side elevation.

(ix)

Dimensions of the projected portions beyond the

permissible building line i. e. Chajja line.

(x)

The existing ground level of the plot and proposed

ground level in relation to abutting road level to be

clearly mentioned in drawing.

(xi)

Detailed parking plan.

(xii) Space used for storing construction materials during

the time of construction.

(xiii) The owner shall file an undertaking stating that he

shall leave and surrender land for road widening if

required under rules, and he will not violate any

rules, building Bye-laws, and that in case of

violations the Authority shall be at liberty to

summarily remove such deviations without prior

notice and at the owner’s cost. The form of

undertaking shall be as at prescribed format

(Appendix B Handing Over Land Required for

Road Widening).

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

23

(c)

Building Plans for Multi-Storeyed/Special Buildings.—

For multi-storeyed buildings, which are above 15 M. in

height the following additional information shall be

furnished/indicated in the building plans in addition to the

item listed in section 2.6.5.

For all high-rise buildings which are 15 m or more in height

and for special buildings like educational, assembly,

institutional, business, mercantile, industrial, storage and

hazardous and mixed occupancies with any of the aforesaid

occupancies having covered area more than 500 Sq.m. (see

also Part 4. Fire and Lift Safety of the National Building

Code, 2016), the building sanction shall be done in two

stages. In case of important projects and projects having

high complexity and sensitivity, the Authority may get the

design, drawings and details of such buildings peer

reviewed/proof checked before approving the same.

Stage 1: Planning clearance.—The following additional

information shall be furnished/indicated in the building plan

in addition to the items given in (b) as applicable :—

(i)

Access to fire appliances/vehicles with details of

vehicular turning circle and clear motorable access

way around the building ;

(ii)

Size (width) of main and alternative staircases along

with balcony approach, corridor, ventilated lobby

approach ;

(iii)

Location and details of lift enclosures ;

(iv)

Location and size of fire lift ;

(v)

Smoke stop lobby/door, where provided ;

(vi)

Refuse chutes, refuse chamber, service duct, etc. ;

(vii)

Vehicular parking spaces ;

(viii)

Refuge area, if any ;

24

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

(ix)

Details of building services. Air conditioning system

with position of fire dampers, mechanical ventilation

system, electrical services, boilers, gas pipes, etc. ;

(x)

Details of exits including provision of ramps, etc., for

hospitals and special risks ;

(xi)

Location of generator, transformer and switchgear

room ;

(xii)

Smoke exhauster system, if any ;

(xiii)

Details of fire alarm system network ;

(xiv)

Location of centralized control, connecting all fire

alarm systems, built-in-fire protection arrangements

and public address system, etc. ;

(xv)

Location and dimensions of static water storage tank

and pump room along with fire service inlets for

mobile pump and water storage tank ;

(xvi)

Location and details of fixed fire protection

installations such as sprinklers, wet risers, hose-reels,

drenchers, etc. ;

(xvii)

Location

and

details

of

first-aid

fire-fighting

equipment/installations ;

(xviii)

Features relating to accessibility for the elderly and

persons with disabilities, shall be in accordance with

Chapter 13 of Part 3 ‘Development Control Rules and

General Building Requirements’ of the National

Building Code, 2016 for the designated buildings and

areas ; and

(xix)

An undertaking stating that debris or construction

materials will not be stacked in public places leading

to public nuisance. If the Authority finds that the

applicant caused nuisance to public while executing

construction necessary fine be levied as per

notifications issued by the authority.

Stage 2: Building permit clearance.—After obtaining the

sanction for planning (Stage 1) from the Authority, a

complete set of structural plans, sections, details, design

calculations duly signed by engineer/structural engineer (see

Annexure A) along with the complete set of details duly

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

25

approved in Stage 1 and certificate of completed structural

design work (see Annexure J) shall be submitted. A copy of

the subsurface investigation report prepared and duly signed

by the geotechnical engineer shall also be submitted. The

building plans/details shall be deemed sanctioned for the

commencement of construction only after obtaining the

permit for Stage 2 from the Authority.

(d) Service Plan.—Details of private water supply, sewerage

disposal system, rain water harvesting system and details

of building services, where required by Authority,

shall be made available on a scale not less than

1:200/1//=16/-0// or Graphical scale rain water harvesting

system need to be indicated.

(e)

Specification.—General specification of the proposed

constructions including a detail calculation sheet of

FAR/FSI in the proposals.

(f)

Signing the plans.—All the plans and drawings shall be

duly signed by the owner and the Registered Technical

Person preparing the plan, who shall be registered with the

BPIA (please refer section CHAPTER 2:2.19 for details).

(g) Any other statement as may be required by the Authority.

(h) Ownership Document.—The applicant shall submit proof

of ownership of the land, on which construction is proposed

duly authenticated and verified by Revenue Authority

(Assistant Commissioner, Revenue/Tehsildar as prescribed

hereinafter).

(i)

Fees for permission.—Every applicant intending to

construct or reconstruct or alter any building or part of

building shall pay to the Authority, the various fees

prescribed by the Authority. The applicant shall keep the

proof of submission of fees in his/her records.

(j)

Withdrawal of application.—The applicant may withdraw

the application and plans any time prior to its sanction and

such action shall terminate all proceedings with respect to

such application but the fees paid shall in no case be

refunded.

26

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

(k) An undertaking shall be submitted along with the

documents that the applicant shall be liable for action as per

law

for

furnishing

wrong

information,

fake/fraud

documents or withheld any information having bearing for

grant

of

building

permission

(Appendix

“A-4”:

Undertaking for Payment of Other and Peripheral Charges).

Note:—It should be on non-judicial stamp paper of specified

amount attested by Notary Public/First Class Magistrate.

(l)

Appendix “A-5”: Affidavit-cum-Undertaking.

(m) The applicant shall also attach the documents of seismic

resilience duly signed by the Structural Engineer where the

land is situated in highly vulnerable zone and certificates

shall also be submitted in case the building having built up

area more than 500 Sq.m. or in case more than G+2

building.

(n) Standard Plan Permission.—Each authority shall keep a

set of approved standard building plans for plot sizes up to

150 Sq. m. In case the owner’s/applicants plot is situated in

approval layout, and he wishes to construct as per plans

available with the authority, he may apply to the authority

in the prescribed format indicating his choice of standard

approved plan along with requisite fees and his ownership

documents. The receipt of payment of fees to the authority

in such case shall be considered as authorized building

permission.

(o) In the case the applicant has fulfilled all the requisite

formalities and the Authority has not decided on the notice

of intent of the applicant within a maximum period of 60

days from the date of application, the permission shall be

deemed to have been accorded, provided the proposed

construction does not—

(i)

Violate the planned development of J&K UT as

envisaged by various departments and departmental

agencies such as Municipal Corporation/Council/

Committee, Development Authorities, Jal Shakti

Department, UEED etc. as applicable.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

27

(ii)

Violate zoning regulation under the Master Plan.

(iii) Violate the land use of the area.

(iv)

Violate the FAR and set back norms.

(v)

Come in alignment of green belt.

(vi)

Effect the easement right of the adjacent plot holder

and the title of the land is not subject matter of

dispute before any forum.

(p) Notice for alteration.—When the notice is only for an

alteration of the building, only such plans and statement as

may be necessary, shall accompany the notice.

No notice and building permit, is necessary for the

following alterations, which do not otherwise violate any

provisions

regarding

general

building

requirements,

structural stability and fire safety requirements of these

Bye-Laws:—

(i)

Plastering and patch repairs ;

(ii)

Re-roofing or renewals of roof including roof of

intermediate floors at the same height ;

(iii) Flooring and re-flooring ;

(iv)

Opening and closing of windows, ventilators and

doors not opening towards other’s properties and/or

public road/property ;

(v)

Replacing fallen bricks, stones, pillars, beams etc. ;

(vi)

Construction or re-construction of sunshade not

more than 75cms. in width within one’s land and

not overhanging over a public street ;

(vii) Construction or re-construction of parapet not more

than 1.5 m. in height and also construction or re-

construction of boundary wall as permissible under

these Bye-laws ;

28

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

(viii) White washing, painting, etc. including erection of

false ceiling in any floor at the permissible clear

height provided the false ceiling in no way can be

put to use as a loft etc. ;

(ix)

Reconstruction of portions of buildings damaged by

storm, rains, fire, earthquake or any other natural

calamity to the same extent and specification as

existed prior to the damage provided the use

conforms to provisions of Master Plan/Zonal Plan ;

(x)

Erection or re-erection of internal partitions

provided the same are within the purview of the

Bye-laws.

2.7

Procedure for obtaining a Revised Building Permit :

Changes or revisions in the sanctioned design and specification

of a building may be made provided that a Revised Building

Permit is obtained before construction is undertaken on the

portion of the building that deviates from the Sanctioned Design

and Specification. The changes shall be not more than 10% of

built-up area for consideration as Revised Building Permit, for

changes above 10%, a new application shall be made.

2.7.1

Notice/Application :

Application for Revising a Building Permit shall be made by the

owner of the plot on which the building is proposed in the format

(Appendix “A”: Form for Application to Erect, Re-Erect or to

make Material Alteration in any place in a building).

2.7.2

Scrutiny of Application :

The Building Permit Issuing Authority (BPIA) shall follow the

same procedure as that of issuing new Building Permit after

collecting the fees as prescribed by the Authority. If the revised

permit is applied during the execution of work of the building for

which the revised permit is applied, then construction of the

portion of the building for which revised permit is sought for,

shall not be commenced unless the revised permit is issued by

the Authority.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

29

2.8

Procedure for obtaining a Revalidated Building Permit :

2.8.1

Meaning of “Lapse of Building Permit” :

A Building Permit shall mean to have lapsed if a material fact,

based on which the Building Permit has been granted, no longer

holds true, regardless of whether the BPIA was informed of the

same or not. A lapsed Building Permit shall continue to remain

lapse till the procedural requirements specified for revalidation

of Building Permit in Building Bye-laws are met with. A

Building Permit shall lapse—

(a) If construction of the building is not executed and

completed within the period of three years for residential,

industrial and commercial buildings (4 storeyed) and four

years for multi-storeyed buildings from the date of Building

Permit.

(b) If the ownership of the plot changes after a Building Permit

has been granted as stipulated in Building Bye-laws.

(c) If at any time before obtaining the completion certificate

from the RTP, based on whose certification the Building

Permit was granted, ceases to be the Person on Record

(POR) for the building, either because the Person on Record

was relieved of his responsibility by the Owner, or because

the Person on Record relieves himself of responsibility by

informing the authority as stipulated in Building Bye-laws

and a substitute is not appointed in a period of 15 days.

Following lapse of a Building Permit, construction may no

longer be undertaken on the plot for which the Building

Permit was granted, until the procedural requirements

specified for revalidation of Building Permit are met with.

2.8.2

Meaning of “Revocation of Building Permit” :

Revocation of a Building Permit by the BPIA shall mean that the

Building Permit shall no longer be valid, and that the permission

granted by the BPIA to undertake construction stands

withdrawn.

Following revocation of a Building Permit, construction may no

longer be undertaken on the plot for which the Building Permit

was granted. A Notice of Revocation of a Building Permit shall

be issued in writing as per the format prepared by the BPIA.

30

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

2.8.3

Notice/Application :

Application for Revalidating a Lapsed Building Permit shall be

made by the owner of the plot on which building is proposed;

using the Format (Appendix “A-8” Form of Revalidation)

prescribed by the BPIA.

2.8.4

Scrutiny of Application :

The Building Permit Issuing Authority shall follow the same

procedure as that of issuing new Building Permit after collecting

the fees as prescribed by the Authority.

2.9

Procedure for obtaining a Building Use Permit :

2.9.1

Notice of Completion of Construction and Application for

Building Use Permit :

The owner shall be responsible for notifying the BPIA of

completion of construction, for certifying that the construction

complies with the sanctioned design and specifications, and for

applying for grant of a Building Use Permit. Notice of

Completion of Construction, compliance certification and

application for Building Use Permit shall be made in the format

prescribed by the Authority (Appendix “A-6” Building

Permit/Sanction) and shall be accompanied by documents and

drawings as prescribed by the Authority.

2.9.2

Final Inspection :

Following receipt of the Notice of Completion of Construction,

the authority shall undertake final inspection of construction for

ensuring compliance to sanctioned design and specifications.

The authority shall communicate the date and time of inspection

to the owner within 15 working days of receipt of Notice of

Completion of Construction. In case the BPIA does not

communicate decision to inspect construction within 15 working

days of receipt of Notice of Completion of Construction, the

Building Use Permit shall be deemed to have been granted by

the authority and sanctioned use may be made of the building.

If, on inspection, the authority is satisfied that the construction of

the building complies with the sanctioned design and

specifications, he shall grant a Building Use Permit and

sanctioned use may be made of the building.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

31

2.9.3

Communication of Queries :

If the construction is found not complying with sanctioned

design and specifications, the Authority shall communicate

queries regarding the construction and/or directions to ensure

compliance to the owner, within 7 working days of the date of

inspection. Failure to comply with directions, as may be issued

by the Authority may result in revocation of the Building Permit.

In case the Authority does not communicate queries regarding

the construction and/or directions to ensure compliance within

10 working days of the date of inspection, Building Use Permit

shall be deemed to have been granted by the BPIA and

sanctioned use of the building may be made.

2.9.4

Grant or Refusal of Building Use Permit :

If the BPIA is satisfied that the construction of the building

complies with the sanctioned design and specifications. The

BPIA shall grant a Building Use Permit and sanctioned use may

be made of the building. Reasons for refusal of Building Use

Permit shall be communicated to the applicant within 15

working days for self-use homes and 30 days for other buildings

by the Authority.

2.9.5

Procedure for Obtaining Permit to Change Sanctioned Use

of Building :

(a) Application : Application for obtaining Permit to Change

Sanctioned Use of Building shall be made by the owner of

the plot. The Authority shall determine drawings,

specifications and documents to be submitted along with

Application for Permit to Change Sanctioned Use of

Building.

(b) Fees for Obtaining Permit to Change Sanctioned Use of

Building : The fees and other charges for obtaining Permit

to Change Sanctioned Use of Building shall be as prescribed

by the BPIA Authority.

(c) Scrutiny of Application—

(i)

The BPIA shall undertake scrutiny of the

Application for Permit to Change Sanctioned Use of

Building and communicate to the applicant the date

and time for plot/spot inspection, if required within

15 working days of the date of acceptance of the

application.

32

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

(ii)

Lack of compliance with Building Bye-laws/

Regulations and the master plan and/or queries

pertaining to the application shall be communicated

within 21 working days of the date of acceptance of

the application.

(iii) Acceptance or rejection of compliant modifications

in the application and responses to queries shall be

communicated within 10 working days of receipt of

the modifications and responses.

(iv)

Acceptance or rejection of further compliant

modifications in the application and responses to

queries shall also be communicated within 10

working days of the receipt of modifications and

responses.

(d) Grant or Refusal of Permit to Change Sanctioned Use of

Building : A Permit to Change Sanctioned Use of Building

shall be issued to the applicant when the Authority is

satisfied that the proposed change of use of the building

complies with these Building Bye-laws/Regulations and the

Master Plan. Reasons for rejection of application shall be

communicated to the applicant for his/her satisfaction.

2.10 Fees for permission :

(a) No Notice shall be deemed valid unless the person giving

notice has paid the application fees for the time being in

force to the Authority and an attested copy of receipt of such

payment is attached with the notice.

(b) In case the authority after processing the application of

building permit, the building permission/development

permission fees shall be charged by Authority prior issuance

of such building/development permits.

(c) The fees for building permission will be prescribed by

Government/Urban

Local

Body/Urban

Development

Authority through notification.

2.11 Unauthorized Development :

In case of unauthorized development, the Authority shall take

suitable action, which may include demolition of unauthorized

works, sealing of premises, prosecution and criminal proceeding

against the offender in pursuance of relevant laws in force.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

33

2.12 Unauthorized use of Building :

(a) Use of any building or a part of a building, without a

Building Use Permit or in a manner that does not conform

toits sanctioned use or after a Building Use Permit has been

revoked, shall be deemed to be unauthorized use of

building.

(b) The BPIA may declare the use of any building to be an

unauthorized use if it is convinced that the building is

unsafe for habitation or if its use poses a danger to public

health or safety.

(c) Dealing with unauthorized use of building and unsafe

buildings—

(i)

If the BPIA deems the use of any building or part of

a building to be an unauthorized use of building.

(ii)

It shall, by a written notice, require the person

making unauthorized use of building to stop the

same forthwith.

(iii) If unauthorized use is not stopped, the Authority

may direct the person making such use to be

removed from the building and may cause such

necessary measures to be taken to ensure that the

person does not re-enter the building without

written permission of the BPIA Authority. The

cost(s) of undertaking these measures shall be paid

by the said person.

2.13 Duration of Sanction/Revalidation :

Once a building permit is sanctioned, it shall remain valid for

three years from the date of sanction for residential, industrial,

and commercial buildings (4 storeyed) and for a period of four

years from the date of sanction for high-rise and tall buildings.

However, the validity period of sanction in case of

additions/alterations in both the cases, shall be two years from

the date of sanction. The building permit shall be got revalidated

in the prescribed form before the expiry of this period on year-

to-year basis. Revalidation shall be subject to the Master

Plan/Zonal Plan regulation and Building Bye-laws, as in force,

for the area where construction has not started.

34

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

2.14 Responsibilities of owner and Registered Technical Person :

2.14.1 Responsibilities of Owner :

The owner shall—

(a) Be responsible for ensuring that the building compliances

with the Building Bye-laws, master plan/zonal development

plan.

(b) Shall make the application for a Building Permit.

(c) As prescribed appoint Registered Technical Person to

undertake third-party verification of the structural design

and specifications of the proposed building and, to verify

and certify that the design and specifications compliance

with these Building Bye-laws as prescribed.

(d) As prescribed, Appoint an Engineer/Architect on Record to

certify that the construction of the building has been

undertaken as per detailed design and specifications

stipulated by the R. T. P. and the Structural Engineer on

Record as per clause 2.19.

(e) Obtain a Building Permit prior to commencement of

building.

(f) Submit a Notice of Commencement of Construction,

Notices of Progress of Construction, and a Notice of

Completion of Construction to the Authority.

(g) Obtain a Building Use Permit prior to making use or to

occupying the building or a part of the building.

(h) Inform the BPIA in writing within 7 working days if for any

reason he ceases to be the owner of the plot for which the

Building Permit has been issued or granted, regardless of

whether building has commenced or not.

(i) Inform the Authority in writing within 7 working days if for

any reason, any of the Registered Technical Person

appointed by him has been relieved of their responsibilities.

(j) Ensure that no construction is undertaken during the period

that the Building Permit has lapsed or has been revoked.

(k) Submit Maintenance Certificates as required by Authority

from time to time.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

35

(l) No ownership of a plot or building shall be changed or

transferred by whatsoever means before issuance of Building

Use Permit except with prior permission of Authority. If the

ownership has been changed without prior permission of

Authority, the building permit issued by the BPIA shall be

deemed to have been revoked. This shall also apply to

building under construction. The Authority shall charge the

fee it deems fit for change of ownership. However, the

Authority may on application by prospective owner, issue

Building Use Permit subject to payment of penalty of

Rs. 5000/- if it is satisfied that the building is in conformity

with the design and specifications as approved by the BPIA

Authority.

2.14.2 Revocation of Building Permit and Penal Actions in case of

misrepresentation :

(a) The BPIA may revoke a Building Permit if—

(i)

It determines that false statements were made, or

material facts were misrepresented for obtaining the

Building Permit.

(ii) At any time before obtaining the completion

certificate, the Registered Technical Person based on

whose certification the building construction is

carried out is de-listed by the Authority.

(b) Penal action against defaulting Architects/Engineers/

Groups/Supervisors—

(i)

The Authority reserves the right to take action and

to debar/blacklist Registered Technical Person if

found to have deviated from norms and regulations,

professionally indulged in misrepresentation of any

material fact or in supervision of the construction

against the Building Bye-laws and the sanctioned

building plans.

(ii)

If the BPIA finds at any time any violation of the

Building

Bye-laws/Regulations/master

plan

or

misrepresentation of fact, or construction at variance

with the sanction or Building Bye-laws, inclusive of

36

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

the prescribed documents, the Authority shall be

entitled to revoke the sanction and take appropriate

action against such professionals who shall not be

authorized to submit fresh plans till finalization of

the case. Before debarring or blacklisting such a

professional found to be indulging in professional

misconduct or where she/he has misrepresented any

material fact, the Authority shall give him/her a

show cause notice with a personal hearing and pass

a speaking order to debar her/him with full

justification for the same. An appeal against order

shall lie with the appellate authority i. e., J&K

Special Tribunal.

(iii) Penalties : Procedures for ascertaining whether a

Registered

Technical

Person

has

failed

in

discharging his responsibilities in the context of

these Building Bye-laws/Regulations and the master

plan shall be determined by the BPIA Authority etc.

Penalties for failing to discharge responsibilities

shall also be determined by the Authority.

(c) Penalties to be levied for violations in process for obtaining

building permit as per provisions of the Bye-laws—

(i)

The Authority under provisions of the J&K

Development Act, 1970, the J&K Municipal

Corporation Act, 2000, J&K Municipal Act, 2000

and shall take penal action for violation of Master

Plan/Zoning Regulations or Bye-laws which may

include

stoppage

of

construction

activity,

demolition/alternation and in paying fine and by

imposing penalties.

(ii) Should any dispute arise about the interpretation of

any definitions or provisions of these rules, the

decision of the BPIA shall be final. However,

aggrieved persons may appeal to the appellate

authority against such decisions and the decisions of

the appellate authority shall be final and binding to

all concerned.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

37

(iii) Should at any time the Authority decide that certain

provisions of these rules require change or

suspension in certain areas for a comprehensive

development of the area, the same can be made by

the Authority with prior approval of the Govt.

(iv) Any person who contravenes any of the provisions

of these Bye-laws or interferes or obstructs any

person in discharging his legitimate duties which

shall include to conduct inspection of the work at

various stages and authorized in writing in this

behalf by competent shall be liable to pay a penalty

of Rs. 10,000/-.

(v) Any person who makes any building/structure

functional on its completion without ‘Building Use

Certificate’ as provided in bye-rule 2.9 (2.9.1), shall

be liable to pay a penalty of Rs. Minimum 10,000/-

and maximum Rs. one lac. The persons who without

express permission provides utility service shall also

be liable to pay a penalty of Rs. 10,000/-.

2.14.3 Disputes regarding Interpretation of provisions of Bye-laws :

In case of any dispute arising regarding the interpretation of any

of the provisions of these Bye-laws the matter shall be referred

to Government for a decision. Any action taken under any

law/regulations on the subject before the enforcement of these

Bye-laws shall not be questioned.

2.15 Procedure for Building Permission of Residential Use

Building :

Table 2—1: Procedure for Building Permission of Residential Use

Building

S. No.

For Plots in Government

Colonies

For Other Plots

Step 1 • Preparation of buildings plans from Registered Technical

Person (List given in Section CHAPTER 2: 2.19) (By the

applicant)

38

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

S. No.

For Plots in Government

Colonies

For Other Plots

Step 2 • A ‘provisional permit’ may

be issued by the Registered

Technical Person or any other

designated Technical person

as notified.

• The provisional permit will

be issued by the Registered

Technical

Person

in

the

prescribed

format

as

prescribed by the Authority

based strictly on the approved

Master plans/Building Bye-

laws/ Building Code in vogue

and other norms as applicable

with land title duly attested

by the Concerned Agency.

• The Registered Technical

Person

will

submit

the

provisional permits to BPIA

in the prescribed format as

prescribed by the Authority,

with undertakings through its

nodal person in 3 days after

the

issuance

of

the

provisional permit along with

the types of fees applicable.

• The Registered Technical

Person will certify that the

site

is

clear

from

any

provisions related to water

supply, electric lines, sewers

and drains, water bodies as

prescribed

in the Master

Plan/Building

Bye-laws/

Building

Code/applicable

norms.

• The

applicant

will

submit

the

Building

Permit

Application

online in the prescribed

format as prescribed by

the Authority. The plans

will be submitted in the

prescribed

format

attested

by

the

Registered

Technical

Person

with

the

undertakings as required

that the application is

based

on

approved

Master

plans/Building

Bye-laws/

Building

Code in vogue and other

norms

as

applicable

with land title duly

attested by designated

revenue authority.

• After an application for

erection, re-erection or

alteration of a building

has been received, the

designated person shall

immediately forward a

copy of the plans to

relevant agencies for

their clearance with or

without condition.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

39

S. No.

For Plots in Government

Colonies

For Other Plots

Step 3 Scrutiny of Application

Step-

3.1

After an application for erection, re-erection or alteration of a

building has been received, the designated person shall

immediately forward a copy of the plans to respective agencies

for clearance. The timelines for approval are described in

section 2.17.

Step-

3.2

The Building Permit Issuing

Authority will vet the building

permit in 15 working days or

return it to RTP with comments.

The BPIA Authority shall

give

clearance

in

one

month positively. In case

the

NOC

is

refused,

reasons

for

doing

be

conveyed in writing. In the

case of High Rise and Tall

Buildings the approval may

take 2 months because of 2

step process described in

2.6 (2.6.5).

Step 4 Notification to the applicant in case of deficiency in the

submitted information shall be given within 5 days from

Step 3.

Step 5 The designated person will issue

the building permit based on the

undertaking of RTP at Step-3.

The construction can be started

by the applicant after the vetting

of

the

building

permit

by

Building

Permit

Issuing

Authority or after 30 days from

the

date

of

submission

of

provisional building permit by

the

Registered

Technical

Person to the Building Permit

Issuing Authority through the

notified nodal person.

The BPIA Authority may

issue

permit,

with

modification or refuse the

permission. The applicant

will submit all types of fees

as applicable before the

issuance of permit.

40

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

2.16 Procedure for Building Permission of Non-Residential Use

Building :

Table 2—2: Procedure for Building Permission of Non-Residential

Use Building

S. No. All Non-Residential Buildings High Rise/Tall Building/

Special Buildings

Step 1 Preparation of buildings plans from Registered Technical

Person (List given in Section Chapter 2: 2.19) (By the

applicant).

Step 2 Scrutiny of Application.

Step-

2.1

After an application for erection, re-erection or alteration of a

building has been received, the designated person shall

immediately forward a copy of the plans to respective agencies

for clearance. The tentative timelines for approval are described

in section 2.17.

Step-

2.2

BPIA shall give clearance in

one month. In case the NOC is

refused, reasons for doing be

conveyed in writing.

The BPIA Authority shall

give clearance in two months

positively. In case the NOC is

refused, reasons for doing be

conveyed in writing. Please

refer the 2-step process for

submission

of

required

drawings as described in

section 2.6.5 (c).

Step 3 Notification to the applicant in case of deficiency in the

submitted information shall be given within 5 days from Step 2.

Step 4 The

BPIA

may

issue

permit/issue

permit

with

modification/refuse

the

permission within one month

from the date of receipt of

application.

The

BPIA

may

issue

permit/issue

permit

with

modification/refuse

the

permission

within

two

months from the date of

receipt of application.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

41

2.17

Timelines for clearance from various agencies :

Recognizing the concern for streamlining the procedures for

clearances to be obtained from various departments in least

possible number of procedures and number of days, in this model

is given ensuring that the entire process of pre-construction

approvals should be completed within one/two months:

Table 2—3: Timelines for clearance from various agencies

S.

No.

Type of approval

Approving

Authority

Stage of

project

Duration

(Days)

1

2

3

4

5

A

Intimation of

Disapproval (IoD)

Municipal Authority Pre-

construction

7

B

Site and Building

Layout approval

Municipal Authority Pre-

construction

7

C

Internal NOCs

(Part of OBPS)

PDD, PWD, PHE,

Town Planning,

Sewerage and

Drainage

Pre-

construction

15

D

External NOCs

Fire-Fighting

Scheme

(for High Rise and

Tall Buildings)

Fire Department

Pre-

construction

15

Ancient Monument

Approval

Archaeological

Survey of India

(ASI) and JK

Archaeology/

Heritage

Preservation Act

Environment

Clearance

Ministry of

Environment, Forest

and Climate Change

Pre-

construction

Bore-well

Registration

Certificate

Central Ground

Water

Authority

Pre-

construction

AAI Height NOC

Civil Aviation

Department

Pre-

construction

42

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

1

2

3

4

5

Pollution Clearance

State Pollution

Control Board

During

construction

Defence

Clearance

Ministry of

Defence

Pre-

construction

E

Building Permit

Issue (All NOCs)

Municipal Authority Pre-

construction

30 (60

days for

High Rise

and Tall

buildings)

F

Construction

Complete

Construction Time

depends on the

project Scale and

Size

G

Building Use

Certificate

Municipal Authority Post

construction

15 days

for self-

use homes

and 30

days for

other

buildings.

2.18 No Objection Certificates required for Building Permission :

1.

Title Verification: NOC from the Revenue Department shall

be required for plots other than Govt. Colonies and will be

integrated into OBPS.

2.

Fire and Emergency Services: NOC shall be required for

Assembly and Intensive Commercial and Residential Use

Buildings which inter alia includes R3, C3, C4, C5, PSP1,

PSP2, PSP3 and PSP4 or as notified by the ULB/ULA.

Note:—The NOCs’ from other departments like PDD, PWD,

PHE, Town Planning, Sewerage and Drainage shall be

integrated within OBPS for the concerned Local Bodies

and Authorities.

2.19 Qualifications for Registered Technical Persons :

a) Minimum Qualifications and Competence Requirements :—

The authority shall empanel Town Planners, Architects, Civil

Engineers, Structural Engineers, Geotechnical Engineers,

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

43

Urban Designers, Landscape Architects, Electric Engineers as

Town Planners on Record, Architects on Record (AoR),

Engineers on Record (EoR), Structural Engineers on Record

(SEOR), Geotechnical Engineers on Record (GTEoR), Urban

Designers on Record (UDoR), Landscape Architects on

Record (LAoR), Electric Engineers on Record (EEoR),

Surveyor 1 and Surveyor II etc. respectively. Applications for

listing should be made in the format prescribed by the BPIA

Authority from time to time etc. The UT may also create a

statutory board or committee for the accreditation of the

professionals.

The BPIA Authority shall determine minimum qualifications

and competence requirements for being considered for listing

as Persons on Record from time to time.

Table 2—4: Minimum Qualifications and Competence

Requirements

S.

No.

Professional

Qualification

Competence/Functions

1

2

3

4

1

Architect on

Record

(AoR)

A technical person

having

valid

registration of the

Council

of

Architecture.

The registered Architect shall

be competent to carry out the

work

related

to

the

building/development permit

as given below:—

a) Prepare and sign all plans,

sub-divisions/layout plans

and

information

connected with building

permit/licence

except

engineering services of

multi-storeyed/special

buildings

along

with

supervision.

b) Issue

Provisional

Permission up to the plot

size prescribed in these

Bye-laws or prescribed in

the

relevant

orders/

notifications.

44

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

1

2

3

4

c) Issuing

certificate

of

supervision

and

completion

of

all

buildings pertaining to

architectural aspects.

2

Engineer on

Record (EoR)

Graduate in civil

engineering from

recognized Indian

or

foreign

university

as

recognised

by

AICTE

and

registered

with

valid membership

(Civil)

of

the

Institution

of

Engineers, India.

The registered engineer shall

be competent to carry out the

work related to the building/

development permit as given

below:—

a) Prepare

and

sign

structural drawings and

service

plans

and

information

connected

with building permit.

b) Preparation of structural

drawings,

details,

and

calculations of buildings

on plot up to 500 m2 and

up to 5 storeys or 16 m in

height, all service plans

and related information

connected with develop-

ment permit of area up to

1 hectare for metro-cities

and 2 hectares for other

places.

c) Issuing

certificate

of

supervision for develop-

ment of area up to 1

hectare (for metro and

Class-I

cities)

and

2

hectares for other places

pertaining

to

building

layout, building structure,

civil works, and service

installations.

d) Issuing

certificate

of

supervision and complet-

ion

of

all

buildings

including structure and

building services.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

45

1

2

3

4

3

Structural

Engineer on

Record

(SEoR)

Postgraduate

in

Structural

Engineering from

recognized Indian

or

foreign

university

as

recognised

by

AICTE

and

Corporate

Member (Civil) of

Institution

of

Engineers (India),

minimum 3 years’

experience

in

structural

engineering

practice

with

designing

and

field work.

Note:—In

case

of

doctorate

in

structural

engineering,

the

experience

required would be

one year.

The

registered

structural

engineer shall be competent

to

prepare

the

structural

design,

calculations

and

details for all buildings and

undertake their supervision.

4

Town Planner

on

Record

(TPoR)

Graduate or Post-

graduate degree in

Town

Planning/

Urban Planning or

related

field

or

equivalent degree

as recognised by

AICTE

and

registered

with

valid membership

of the Institute of

Town

Planners,

India.

The registered town planner

shall be competent to carry

out the work related to the

development permit as given

below:—

a) Preparation of plans for

land

sub-division/layout

and related information

connected

with

development permit for

all areas.

b) Issuing of certificate of

supervision for develop-

ment of land of all areas.

46

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

1

2

3

4

Note:—However, for land

layouts

for

development

permit above 5 hectares in

area, landscape architect shall

also be associated, and for

land

development

infra-

structural services for roads,

water

supplies,

sewerage/

drainage, electrification, etc.

the registered engineers for

utility

services

shall

be

associated.

5

Landscape

Architect on

Record

(LAoR)

Bachelor

or

Master’s degree in

landscape

architecture from

recognized Indian

or

foreign

university.

The

registered

landscape

architect shall be competent

to carry out the work-related

to

landscape

design

for

building/development permit

for land areas 5 hectare and

above. In case of metro and

class I cities, this limit of

land area shall be 2 hectare

and above.

Note:—For

smaller

areas

below the limits indicated

above,

association

of

landscape architect may also

be considered from the point

of view of desired landscape

development.

6

Urban

Designer on

Record

(UDoR)

Master’s degree in

Urban design or

equivalent

from

recognized Indian

or

foreign

university.

The registered urban designer

shall be competent to carry

out the work related to the

building permit for urban

design for land areas more

than 5 hectare. She/he shall

also be competent to carry

out

the

work

of

urban

renewal for all areas.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

47

1

2

3

4

Note:—For

smaller

areas

below the limits indicated

above, association of urban

designer may be considered

from the point of view of

desired urban design.

7

Surveyor—I

Three Years

Diploma in

Architecture

Assistantship

The registered Surveyor-I

shall be competent to carry

out the work related to the

building permit as given

below:—

Prepare and sign plans

• For residential: Up to 1

Kanal Plot

(3 storeyed

building)

• For Commercial: Up to 10

Marlas

Plot (3

storeyed

building)

8

Surveyor—II Two years drafts-

manship in Civil

The registered Surveyor-II

shall be competent to carry

out the work related to the

buildings as given below:—

Prepare and sign plans

For residential: Up to 10

Marlas Plot

(2 storeyed

building)

For Commercial: Up to 7

Marlas

Plot (2

storeyed

building)

48

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

1

2

3

4

9

Supervisor on

Record (SoR)

Diploma in civil

engineering from

recognised

institute with 2

yrs.

working

experience

or

Civil

draftsman-

ship from ITI with

5 years’ experi-

ence

under

a

qualified

Architect/Civil

Engineer

for

building

construction

and

supervision.

The

registered

supervisor

shall be competent to carry

out the work related to the

building permit as given

below:—

All

plans

and

related

information connected with

building

permit

for

residential buildings on plot

up to 100 m2 and up to two

storeys or 7.5 m in height ;

and

Issuing

certificate

of

supervision for buildings as

above.

10

Plumber

on

Record (PoR)

ITI in Plumbing,

with

minimum

2 yrs. experience

of execution of

sanitary

and

plumbing

works

under any Govern-

ment Department/

local body or a

qualified

Architect/

Engineer

knowledge

of

working drawings

and dimensioned

sketches.

A

plumber

shall

be

competent

to

do

the

following jobs:—

a. Execution/supervision of

sanitary works up to 500

Sq.m.

plot

size

and

4

storeyed buildings.

11

Electrician on

Record

(EloR)

ITI in Electrical,

with minimum

2yrs experience of

execution of

electrical works

under any

government

department/local

body or a

An

electrician

shall

be

competent

to

do

the

following jobs:—

a. Execution/supervision of

Electrical works up to 500

Sq. m. plot size and 4

storeyed buildings.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

49

1

2

3

4

qualified

Architect/

Engineer

knowledge of

working drawings

and dimensioned

sketches.

12

Fire

Consultant on

Record

(FCoR)

As prescribed by Chief Fire Officer, Town/City

Fire service

b) Listing Fee and Security Deposit :

Listing Fee and Security Deposit for listing, as Persons on

Record with the BPIA shall be determined by the Authority and

notified by the Housing and Urban Development Department.

CHAPTER 3

STREAMLINIING OF BUILDING PLAN APPROVALS

3.1

Clearances at Master Plan level :

Individual construction proposals should not generally require

separate clearances from various authorities each time. Such

clearances should be integrated into the DCR of the

Master/Development Plan of the concerned city. The areas

unaffected by any of the restrictions should be clearly marked out

and mapped on a GIS platform. Area zones of differential control

regulations (within the city) by any of these agencies may also be

mapped accordingly. This will result in a composite map of the

city with various control regulations as per the various agencies

clearly marked on the map. Thus, the sites which are located

outside these restricted/regulated areas would not require clearance

from the respective authorities, thereby reducing the clearance

50

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

process significantly. Following are the clearances which should

be integrated into the city Master Plan:—

Table 3—1: Minimum Clearances from various agencies proposed

to be integrated in Master Plans

S.

No.

Name of Agency

Type of

Clearance

Area of Influence

1

National

Monuments

Authority

through Local

BPIA

Ancient

Monument

approval

As prescribed in the AMASAR

(Amendment and Validation)

Act, 2010 for protection of

monuments.

And

J&K

Archaeology/Heritage

Preservation Act

2

Ministry of

Environment,

Forest

and

Climate Change

Environment

Clearance

(EC)

As prescribed in the statutory

provisions

for

EIA

and

clearance based on the size of

the project in accordance with

Environment Protection Act,

1986

3

Central Ground

Water Authority

through Local

BPIA

Bore-well

Registration

Certificate

As per Guidelines/criteria for

evaluation of proposals/requests

for Ground Water Abstraction,

2012

4

Ministry of Civil

Aviation

AAI Height.

NOC

Critical and non-critical area as

identified by AAI

5

Ministry of

Defence

Defence

Clearance

Areas in and around Defence

Establishments as identified by

MoD.

6

Ministry of

Railways

Area

Clearance

Buffer zones as prescribed by

Railways along the Rail tracks/

depots/yards etc.

3.2

Options for reducing the timelines for approvals :

The above suggested steps are only indicative, however, there is

scope for streamlining the procedures for clearances to be

obtained from various departments in the least possible number

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

51

of procedures and number of days. Some of the options which

can reduce the time taken for various procedures are:—

a) Online sanctions : ULBs/Development Authorities have

introduced online sanction for issuing building plan and

completion certificate. The process involves use of software

tools for scrutiny of building plans. All the documents are

required to be submitted electronically using a portal. In case

the building plans do not conform to the DCR the deviations

are listed out in form of a report and intimated to the

applicant/engaged Competent Professional for building plan

design, vide an online ID in his account.

b) Empowering

Professionals :

Empowering

Competent

Professionals as prescribed for building plan design will

facilitate to streamline the procedure for obtaining approvals.

The urban local body or urban local authority or by the

Housing and Urban Development of the UT of J&K shall

empanel such professionals based on their qualifications and

track record. The empowered professionals can, also on

behalf of developers/builders submit the documents required

at the time of various clearances. This has been

comprehensively defined in the Chapter 2.

c) Creating a Cell in ULBs : There is a need for creating a

specialized cell in ULBs and UDAs which is manned by

qualified personnel conversant with the procedures and the

interpretation of development regulations. The cell should be

headed by a qualified Town Planner who should inter alia

lead a team of Architects, Engineers, Environment Specialist

and Legal Experts among others. The cell should have the

dedicated provision for online submissions and conveying

the online approvals as well. This will require robust

software and hardware system capable of handling large

digital files.

d) Single Window System : All agencies involved in the

process need to be integrated in a single electronic facility

with proper coordination and monitoring of timelines. The

52

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

Municipal

Corporation/Council/Committee

needs

to

constitute teams comprising of experts from various agencies

to be formed under the overall supervision of a Town

Planner designated to assist developers/builders with

complex projects and to constantly improve the sanction

process by cutting down delays.

e) Integration of agencies outside the ULBs for online

clearances : Various agencies like AAI, NMA, SUAC, Fire

Services, Department of Industries, Ministry of Defence, etc.

grant NOC clearance to the building plans in certain specific

cases. This may be streamlined for Ease of Doing Business

by following 2 directions as given below:—

i.

Building permission for specific areas/sizes are to be

examined by the external agencies. These areas should

be plotted on GIS based colour-coded map which may

be made available in the public domain on the agency’s

website, with clearly identified coordinates so that

building falling only in these areas need to approach the

concerned agencies for obtaining clearances. These maps

may also be made available on the website of the

concerned municipal bodies.

ii.

The external agencies also need to develop online

clearance/NOC application systems which should

suitably be integrated with the online building approval

systems of the municipal bodies. The two systems

should be so compatible that the building plans

submitted to the local bodies may after scrutinizing with

colour-coded zoning maps shall be e-transmitted to the

external agencies. The agency concerned should give

clearance within a period of maximum of 10 days with

no requirement of applicant to physically visit the offices

of the agencies. The NOC may again be e-transmitted to

the concerned local body on the building permission

system so that the ULB shall use those for final

approval.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

53

3.3

Development of an IT enabled team to operate the Building

Permission Online :

a) The IT person shall be able to analyse and identify the issues

regarding the building permit in the existing system as well as

for the system of Single Window Clearance to be adopted in

the future.

b) The IT team shall enable a preview selection mode so that the

applicants after submitting all the documents can preview it

before final submission in the existing online system.

c) The IT team shall also add the total time-frame for clearance

at each step in the existing online system dashboard.

d) The IT person shall coordinate with various departments

which issues NOCs and shall also identify the total time

required in issuing it.

e) Various issues in cross verifying the uploaded documents for

e. g. uploading of digital signature, online payments,

inspection etc. shall be listed in order to improve the existing

online approval system as well as for shifting to the automated

building approvals in the future.

f) The physical submission of building permit documents shall

be removed by introduction of Pre-DCR software to the

applicants.

g) The IT team shall enable online tracking system of NOCs if

applicable through the existing online system for the

applicants.

h) The IT team shall provide a Pre-DCR formatted software to

the consultants (Architects/Engineers/Draftsman etc.) till the

time automated building approval system is not introduced.

i) The IT team shall issue an applicant no. through which if an

applicant uploads the requisite documents thereafter after

verification by the IT team can download the Occupancy

Certificate.

3.4

Other Suggestions to enhance Ease of Doing Business :

Some other suggestions, regarding Fast Track construction

permits are—

a) Citizens’ Charter :

A Citizens’ charter lists out the timelines and upper limits of

time for the delivery of citizen services of the organization.

54

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

The objective of issuing the charter is to improve the quality

of public service in terms of timely delivery. Such charters

should be brought out by all municipalities to maintain high

standards of accountability and transparency. The standards of

service to be provided, the maximum number of days required

for building approvals and the standards procedures should be

listed out in the citizens’ charter. Some states have gone a step

further and introduced a Citizen Service Delivery Guarantee

Act whereby the timelines prescribed by a citizen charter are

made statutory and binding on officials.

b) Capacity Building :

Capacity building measures are to be adopted for such

functionaries to identify Training Needs (TNA) and other

technical requirement of duties that they are required to

discharge. Fresh recruitments commensurate to the technical

qualification/experience are to be made by the UT, if there is

complete absence of the technical expertise needed for the

said services.

c) Empowered Committees :

The Authorities may also consider constituting ‘Empowered

Committees’ or ‘Peer Expert Groups’ for undertaking scrutiny

and approval. This committee can be manned as per the

requirement and area of more than one municipality can be

put under its jurisdiction. This has special significance for tall

buildings.

d) Simplification of Bye-laws :

The Building Bye-laws have been simplified for easy

comprehension of lay person as well as professionals involved

in developmental activities. The simplification process should

also include the process of application, the filling up of forms

and streamlining the process of application.

CHAPTER 4

PROCEDURE DURING CONSTRUCTION

4.1

Right to Inspect Construction :

4.1.1

Right to inspect construction at any time :

a) All buildings for which Building Permit is issued are subject

to inspection by the concerned officer and the authority

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

55

reserves the right to inspect such buildings at any time

during the period of construction without giving prior notice

of its intention to do so. Owner of the plot and/or any person

undertaking construction shall permit authorized officers of

the ULB/ULA to enter the plot and inspect the building for

the purpose of enforcing these Building Bye-laws.

b) The structural design, constructional standard etc.; of all

high-rise and tall buildings are required to be supervised

during construction at three stages at (1) foundation, (2)

plinth stage/ground floor and (3) upper floor/roofing stage in

the manner described below :

c) The individual/promoter is required to get his construction

checked at above mentioned three stages of construction by

the Authority. Necessary certificate in the format prescribed

by the Authority shall be submitted to the BPIA at each stage

before proceeding with next stage of construction. Next

stage of construction shall not be proceeded with unless

certificate of completion of preceding stage is examined and

cleared by Authority. The clearance through “Go-ahead

Certificate” at each sage shall be issued by Authority within

seven working days from the date of receipt of completion

certificate at each stage. Failure to comply with this

provision shall be deemed that the building permission has

been revoked.

4.1.2

Information to be prominently displayed on Site :

It shall be the responsibility of the owner to erect a notice board

on the plot displaying key information pertaining to the building

within 15 working days of issue of Building Permit. The notice

board should be prominently visible, easily readable and should

be located next to the primary access to the plot. The notice

board/s should be maintained for the entire Period of

Construction up to issue or grant of Building Use Permit. Failure

to comply with this Building Bye-law may result in revocation of

the Building Permit.

4.1.3

Documents and Drawings to be maintained on Site :

It shall be the responsibility of the owner for the building to keep

all the documents and drawings approved on the site, at all times

56

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

after issuing Notice of Commencement of Construction to the

Authority up to the issue or grant of Building Use Permit. These

documents should be made available to any authorized officer of

the Authority inspecting the site for the purpose of enforcing

these Building Bye-laws. Failure to comply with this Building

Bye-laws may result in revocation of the Building Permit.

4.1.4

Reducing Inconvenience and Ensuring Safety during

Construction :

It shall be the responsibility of the owner to certify that no

building material, building equipment or building debris is

stacked, stored, left or disposed of outside the plot for which

Building Permit has been granted, on any public street or space.

Failure to comply with this Building Bye-law may warrant

penalties on the owner of the plot. The levy of penalties shall be

notified separately.

4.1.5

Barricading the Plot during Period of Construction :

It shall be the responsibility of the owner to ensure that plot on

which construction is being undertaken, is adequately

barricaded. Specifications for barricading the plot shall be

adhered to strictly. Failure to comply with this Building

Bye-laws may warrant penalties on the owner of the plot for not

providing adequate barricading of the plot during Period of

Construction.

4.1.6

No Damage or Undue Inconvenience during Construction :

a) It shall be the responsibility of the owner to undertake all

necessary measures to ensure that no damage is caused to

adjoining properties due to construction.

b) It shall also be the responsibility of the owner to undertake

all

necessary

measures

to

ensure

that

no

undue

inconvenience is caused to the public, due to factors such as

noise, dust, smell or vibrations.

c) It shall also be the responsibility of the owner to undertake

all necessary measures to ensure that traffic is not disrupted

due to construction.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

57

d) It shall be the responsibility of the owner to carry out all

instructions given in writing by authorized officers of the

Authority as the case may be to ensure public safety and

reduce inconvenience.

e) Failure to comply with this Building Bye-law may warrant

penalty as prescribed by Authority for violation of any of the

sub-rule. However, before levy of penalty, an opportunity of

being heard shall be provided to owner of the plot.

4.1.7

BPIA Not Liable for Ensuring Safety during Construction :

The owner shall be responsible for ensuring that all necessary

measures for safety for all are taken on site. Grant of Building

Permit, Permit to Use Abutting Street for Construction, grant of

Building Use Permit for part of a building, or issuing of any

instructions to ensure public safety or reduce inconvenience,

does not render the Authority liable for any injury, damage or

loss whatsoever that may be caused to any one in or around the

area during the Period of Construction. In all such cases owner

shall be wholly and solely responsible.

4.1.8

Notice for Commencement of Construction :

The owner of the building shall notify the Authority of his

intention to commence construction at least 7 days prior to

commencing construction by filing a Notice of Commencement

of Construction in the format prescribed by the Authority. This

shall not be applicable to self-use homes.

4.1.9

Authority to be notified of Progress of Construction:

The owner shall be responsible for notifying the BPIA of the

progress of construction. Notices of Progress of Construction

shall be made in the format prescribed by the Authority.

4.1.10 Permit to Proceed with Construction Required :

No construction shall be undertaken after filing Notice of

Progress of Construction. A Permit to Proceed with

Construction from the Authority is required to undertake further

work. Permit to Proceed with Construction shall be issued in the

format prescribed by the Authority. Application for grant of

Permit to Proceed with Construction shall be made in the format

prescribed along with Notice of Progress of Construction.

58

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

4.1.11 Grant or Refusal of Permit to Proceed with Construction :

a)

The Authority may undertake inspection of construction

for compliance to sanctioned design and specifications. In

the case that the Authority decides to inspect site of

construction, it shall communicate the date and time of

inspection to the owner of the building within 5 working

days of receipt of Notice of Progress of Construction.

b)

In case BPIA does not communicate decision to inspect

construction site within 5 working days of receipt of

Notice of Permit to Proceed with Construction shall be

deemed to have been granted by the Authority unless

otherwise communicated, and construction may be

undertaken on the site for building.

c)

If the Authority undertakes inspection and is satisfied that

the construction of the building complies with the

sanctioned design and specifications, it shall grant a

Permit to Proceed with Construction and further

construction may be undertaken on the building.

d)

If the construction is found not to comply with sanctioned

design and specifications, it shall communicate queries

regarding the construction and/or directions to ensure

compliance to the owner within 5 working days of the date

of inspection. The owner shall be responsible for ensuring

compliance to such directions as may be issued. Failure to

comply with directions, as may be issued by the Authority

may result in revocation of the Building Permit.

e)

In case BPIA does not communicate queries regarding the

construction and/or directions to ensure compliance within

7 working days of the date of inspection, Permit to

Proceed with Construction shall be deemed to have been

granted and the construction may be undertaken on the

building.

f)

The owner shall respond to queries and notify the

Authority of having undertaken compliant modifications.

If the Authority is satisfied that the construction of the

building complies with the sanctioned design and

specifications, it shall grant a Permit to Proceed with

Construction and further construction may be undertaken

on the building.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

59

4.1.12 Offences and Penalties :

Penalties for not complying with Building Bye-laws/Regulations

shall be stipulated by the BPIA. Failure to notify the BPIA

before commencing construction may result in levy of penalty,

which shall be decided by the BPIA.

The BPIA may also levy the penalties on defaulting officials for

deviating from prescribed timelines for clearance from the

agencies. The penalties for the delay will be notified separately.

CHAPTER 5

DEVELOPMENT CONTROL/ZONING REGULATIONS

5.1

Land-Use Zoning :

5.1.1

Land Use and Uses Permitted :

The proposed land use Plan in the respective Master Plans/Zonal

Development Plans should be referred for the land use of a given

land parcel.

All the towns should have a master plan and in case of towns not

having even the draft master plans, towns should have a coarse

land use plan which will be called a structure plan. The structure

plan will also delineate the core area of all towns/

municipalities/area of council.

5.1.2

Proposed Zoning :

Table No. 5—1 Proposed Zoning

Sr.

No.

Code

Description of Uses in the reference code

1

2

3

Residential (R)

1.

R1

Detached Dwelling units, Semi-Detached Dwelling

units, RoW Houses, Common Places (such as

community Parks), Convenience Shop (Single shop),

Meditation/ Yoga Centre.

2.

R2

Low Rise Apartments, Farm House, Cottage industries

(not involving the use of or installation of any kind and

which create noise, vibration, fume, dust etc. and shall

60

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

1

2

3

not be permitted in tenement dwellings, flats, playfield,

garden), Gyms, Orphanages, Old-age Home, Paying

Guest House, Part Portion of Residential Building for

Office use by Professionals such as Advocates, Doctors,

Architects, Engineers, CA, Hostel, Dharmshala, Single

Room Occupancy, Pre-School, Boarding and Lodging

(accommodation for transit employees of Govt./Local

bodies), Medical and Pet clinics, Dispensary, plant

nursery, Library, Common Places (such as community

Parks), Convenience Shop (Single shop), Religious

structures, Atta Chakki.

3.

R3

Group Housing, Flats/High Rise Apartments, Affordable

Housing,

Cottage

Industries,

Plotted

Residential

Development, Residential flat, Common Places (such as

community Parks), Multi-level Parking.

Commercial (C) :

4.

C1

Retail Shops (such as Bakery/Confectionary items,

Grocery/General store, Dairy products, stationary,

books, Gifts/Book binding, Cyber cafe/Phone booth,

LPG

booking

office/LPG

showroom

excluding

cylinders, Laundry/Dry cleaning/Ironing shops, Sweet

shops, Pan shops, Tea/Coffee shops, Chemist/Medicine

shops, Optical shops, Home Appliances/Electronic

repair shops, Photo studio, Cable/DTH office, Cycle

Repairs shops, Ration and kerosene distribution shops,

Vegetables/Fruits/Flowers/Mutton shops/Poultry stalls,

Photocopy/FAX/STD PCO, Computer Service centres,

Hair

cutting

saloons/Beauty

Parlour,

Tailor

shop/Boutique, Newspaper shops, Ticket Booking shops,

ATM, Eateries shops excluding sitting provisions,

Audio-video libraries, Mobile phone shops, courier),

Retail Clusters/Shopping clusters, Common Places (such

as community Parks), clinic, Pet Clinic, Vet Clinic,

offices of professionals (like advocates, doctors,

architects, engineers, chartered accountant, town planner

etc.), power looms up to 2HP.

5.

C2

Pathology Laboratory, Scanning Centres, Kerosene

Depots, Hotels, Restaurants, Corporate offices, Call

centres, Training centres, Recreational clubs, Social

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

61

1

2

3

clubs, Medical and Pet Clinics, Fitness centres, Nursing

home, Maternity home, LPG Retail outlet, Information

Technology

activity

centres,

Hardware

shops,

Departmental stores, Guest House, Professional offices,

Taxi stand/three-wheeler stand, Conference Hall,

Commercial complex, Yoga Centre, Education Coaching

centre, Banks.

6.

C3

Shopping Mall, Convention centres, Public Community

hall, Museum, Entertainment and Amusement centres,

Hospitals, Development activity centres related to

Information Technology, Exhibition centres, Godowns,

Financial institutions, Restaurants, Hotels (All types

excluding hotels *rated 4 and 5), Motels, Sports

complex, Swimming pools, Agro-based mandis, Fruits

mandis, Vegetable mandis, Junk yards, Cold storage,

Goods markets, Petrol Pumps, Workshops, Garages,

Auto service stations, Charging stations for Electrical

Vehicles, CNG Filling stations, Theatre, Pollution free

Small and Medium Scale Industry including MSME,

Conference

Hall,

Multi-level

Parking,

Education

Coaching centre, Commercial and Corporate offices,

Banks, power looms up to 10 HP, Junk Yards (on

internal roads only), Agro Mandis.

7.

C4

Hotels with *4 and 5 Ratings, Banquet halls,

Commercial Complexes, Wholesale market, Timber

mart, Cinema and Multiplexes, Godowns.

8.

C5

Auditorium, Planetarium, Stadium, Warehouses, Weigh

Bridge, Heavy goods markets.

Public, Semi-public/Institutional (PSP) :

9.

PSP1 Play-Way Schools, Creches, Preschools, Primary

schools, PHC, clinic, Dispensary, Sub-offices of Govt.

utilities, Police Post, Common Places (such as

community Parks, Gardens), Banks.

10.

PSP2 Middle Schools, High Schools, Higher Secondary

schools, Integrated Residential schools, School for

Mentally/Physically Challenged, Police stations, Post

62

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

1

2

3

offices,

Hostels,

Spastic

Rehabilitation

Centres,

Orphanages, Govt. Dispensaries, Nursing Homes,

Hospital up to 20 Bed, Public Library, Community hall,

Public distribution system shops, Bill collection Centres,

Traffic and Transport related offices, Exclusive places of

worship, Social and welfare centres, Local Municipal

facilities, Art Galleries, Museum, Police Station, Fire

Sub-Station, Zonal Level Govt. Utilities, Common

Places (such as community Parks, Gardens).

11.

PSP3 Colleges, Civil Hospital, Hospital more than 20 Bed,

Hospital for infectious diseases, Mental Hospital, Parks

and playgrounds Maidans and Stadiums, Dharmshalas,

Hostels, Dhobi Ghat, Place of worship along with

ancillary uses, Higher Educational Institutions, Colleges,

Fire stations, Govt. Buildings, Auditoriums, Cultural

complexes, Fire stations, Broadcasting and Transmission

stations. Jails, Police headquarters, Police lines, Solid

waste

dumping grounds/sites, Bus and Railway

passenger terminals, Monuments, Exhibition centres,

open air theatre, Recreational clubs, Court, Universities,

Polytechnic, Specialized educational institute, All Govt.

Uses, Common Places (such as community Parks,

Gardens),

Multi-level

Parking,

Office

without

Commercial Activity.

12.

PSP4 Medical College and Research centre, Universities and

Deemed Universities.

Mix Land Use (M) :

13.

M

All activities in the mixed used zone as given in the

table 5-2.

Recreational Use (RC) :

14.

RC

Public Parks, Gardens, Botanical Gardens, Sports

Related Activities, Open Spaces, Water Sports, Golf

Course, Amusement Park, Recreational Club.

Agricultural/Urban Agriculture Use (Ag) :

15.

Ag

Agriculture, Horticulture, Dairy, Poultry Farm, Plant

Nurseries, Agro-based Industries excluding hazardous

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

63

1

2

3

chemicals, cottage industries, dwelling of the people

engaged in farm (rural settlement), Farm house, Solar

Project, Windmill, public utilities, flour mills.

The following uses shall be allowed in favour of

bona fide residents of the village with last 20 years

ownership of land:—

Residential house, convenient shops, work centre,

Atta Chakki, clinics/dispensary, school, repair shop,

cold storage and rice shellar. This is subject to

production of documentary proof.

Transportation and Communication (TC) :

16.

TC

This land use is meant for roads, bus stands, bus

terminal, Parking, Multi-Level Parking, railway station,

railway line and airport, Communication establishments,

Integrated Freight. Complex (Wholesale shops and

subsidiary storage capacity, Parking facilities, Godowns,

cold storage, Service/repair facilities, Rest/recreation for

drivers, Weighing Bridges, Office space, Facilities like

banking, postal truckers, etc. required for business

transactions, Amenities for wholesales, truckers and

their employees, Areas for shops, eating houses and

other service, establishment, Provision of lighting, water

supply and garbage, sewerage disposal), Hostel, Guest

House, Boarding House and Lodging House, Filling-

cum-Service Station, Filling Station, Compressed

Natural Gas (CNG) Dairy Station, Petrol Pumps and

Service Stations, workshops and garages for LMV and

HMV, Warehouse, storage depots, truck terminals.

Industries Use (ID)—Minimum RoW of the road shall be 12 m or

as per prescribed guidelines of Industries and Commerce

Department :

17.

ID1

All type of Light, Service Industries, Small Factories,

Warehouses, Newspaper Printing Press, Concrete

Batching Plant, stone cutting and polishing, Poultry

Farm, Dairy, Assembly Plant, Filling station.

64

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

1

2

3

18.

ID2

All Industries except Hazardous Industries, Junk Yard,

Textile Units, Ice Factory, Quarrying of Stone,

Quarrying of Gravel, Quarrying of Clay, Dumping of

Solid Waste, Non-obnoxious and Non-Hazardous

Industry.

19.

ID3

Slaughter House, Meat Processing Units, Leather

Processing Units, Cold Storage, flour mills.

20.

ID4

Fuel Storage, Storage of inflammable materials, Thermal

Power Plant, Power Plant, Gas Plant, Storage of

Hazardous Materials, Hazardous Industries, Chemical

Industries, Obnoxious and Hazardous Uses, Dying

House.

Conservation Use (CG) :

21.

CG

It is an environmentally conserved land use where no

building

construction

is

permitted

like

Forest,

Vegetation, Dense Plantation, Rivers, Water Bodies and

green buffer.

5.1.3

Permissible and Non-Permissible Uses as per Use-Zones as

per the Existing Road Width :

Table No. 5—2 Permissible and Non-permissible Uses as per-

Zone

P—Permissible, NP—Not permissible, CA—Uses Permissible

on approval by BPIA Authority.

(Only following list of Activities are Permissible and Non-

Permissible for the local/notified Area) :—

S.

No.

Activi-

ties

ROW

(m)

B/L (m)

Use-Zones

F.S.B.

(m)

R

Zone

M

Zone

C

Zone

RC

Zone

T

Zone

PSP

Zone

1

2

3

4

5

6

1.

R1 (i)

3.0

3.0

P

P

P

NP

P

P

1.5

2.

R1 (ii)

4.5

4.0

P

P

P

NP

P

P

1.8

3.

R1 (iii)

6.0

5.5

P

P

P

NP

P

P

2.5

4.

R2

9.0

8.0

P

P

P

NP

P

P

3.5

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

65

1

2

3

4

5

6

5.

R3

12.0

11

P

P

P

NP

NP

NP

5.0

6.

C1

9.0

8

P

P

P

NP

P

P

3.5

7.

C2

12.0

11

P

P

P

NP

P

NP

5.0

8.

C3

15.0

13.5

NP

P

P

NP

NP

NP

6.0

9.

C4

18.0

16

NP

P

P

NP

NP

NP

7.0

10.

C5

24.0

19.0

NP

NP

P

NP

NP

NP

7.0

11.

PSP1

9.0

8

P

P

P

NP

P

P

7.0

12.

PSP2

12.0

11

P

P

P

NP

P

P

7.0

13.

PSP3

15.0

18.5

P

P

P

NP

P

P

7.0

14.

PSP4

24.0

21.5

NP

NP

NP

NP

NP

P

7.0

15.

RC

All

As

applicable

road

category

P

P

P

P

P

P

As

applicable

road

category

16.

30.0

22.0

The

activities

will

be

permissible

as

above

and

guided by minimum road width

requirement.

7.0

17.

36.0

25.0

7.0

18.

50.0

32.0

7.0

19.

60.0

37.0

7.0

Note:—Whichever is more shall be applicable w.r.t. Building

lines/ROWs.

P

Permitted

NP

Not Permitted

B/L

Building line (From centre of

abutting road)

FSB

Front Set Back

RoW

Right of Way

Retail Shops:

• In R zone, Commercial and professional and other office activities

shall be permissible with maximum coverage up to 1/3rd of

permitted FAR.

66

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

• The below mentioned shall be categorized as Retail Shops :—

Bakery/Confectioneries items, Grocery/General Store, Daily

Products, Stationary/Books/Gifts/Book binding, Cyber Café/Phone

booth, L.P.G. booking office/L.P.G. showroom excluding cylinder,

Pan shop, Laundry/Dry cleaning/Ironing shop, Sweet Shop/Tea

Shop excluding seating provisions, Chemists/Medicine shop,

Optical shop, Home Appliances/Electronic Repair shop, Photo

Studio, Cable/DTH office, Cycle Repair shop, Under Public

Distribution System shops for Ration and Kerosine Distribution

Shops, Vegetables/Fruits/Flower shops, Photocopy/Fax/STD-PCO,

Haircutting/Beauty Parlour, Tailor shop/Boutique.

Notes:—

I.

No development shall be permitted in area designated for water

body, pond and Talav excluding River-front Development.

Setbacks to be maintained from a designated water body shall be

as per Regulation for Conservation Zone (CG) of these

regulations.

II.

The land designated for public purposes, the uses shall be

permissible as per the requirements of concerned department.

III.

For all Zones,—

Ø If the line of a zone divides a building unit, the maximum

permissible F.A.R. available on either part of such building

unit shall be as per the respective Zones.

Ø Such a building unit may be developed separately as per the

regulations of the respective zones or as a contiguous

development utilizing the combined maximum permissible

F.A.R. in the part of the building unit which lies in the zone

with higher F.A.R.

IV.

Public Utilities and Facilities shall be permitted in any Zone.

V.

In the local areas where the mixed land use zones are not defined

in the land use plan of the master plan, the concerned Authority

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

67

shall unequivocally notify the roads for mixed land use along with

the extant vis-à-vis the mixed land use zone in the table 5-2.

VI.

For buildings above 21 m height shall have front setback of 1/3rd

of the height of building or building line of the road whichever is

more.

5.1.4

Circumstances under which Existing Non-Conforming Uses

will be allowed to continue :

Existing non-conforming uses may continue in the following

circumstances:—

a)

Any lawful use of land or building premises existing before

coming into force of these Regulations may be allowed to

continue, if it does not conform to the use provisions of these

Regulations provided that such non-conforming use is not

extended or enlarged.

b)

In case a building accommodating any non-conforming use,

collapses or is pulled down or is dismantled, any new

building on such site shall conform to these Regulations and

to the land use regulations prescribed in these Regulations.

c)

In case of alteration work in a building, the permission shall

be given only after giving setbacks and building line for

proposed roads as per these Regulations.

5.1.5

Development on Kabrastan, burial ground etc. :

The land occupied by the graveyards, Kabrastan, burial grounds,

crematoria and allied actions in the local area shall be kept

permanently open. BPIA may permit structures to be built for

specific purpose as ancillary use.

5.2

Development Control Regulations :

5.2.1

Minimum Space/Plot Area requirements, Maximum Ground

Coverage, Setbacks/Setbacks, Permissible Floor Area Ratio

(FAR) and Maximum Height.

68

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

5.2.1.1

The regulations for Residential Use in terms of Plot Area,

Ground Coverage, FAR and Setbacks shall be as given

below:—

Table No. 5—3

A. Minimum Setbacks/Setbacks, Maximum Ground Coverage and

No. of Storeys as per Plot Area Range for R1, R2 categories of

Residential Use.

S.

No.

Area

(In Sq. m)

Max.

Ground

Coverage

No. of

Storeys

Type of

Const.

Set Back Limits

(Minimum) in metres

Front

Rear Side

Side

1.

Up to 75

75%

G+2

RoW

Shall be as per table No. 5—2

0

0

0

2.

Above

75—125

75%

G+2

RoW

1.5

0

0

3.

Above

125—275

65%

G+2

RoW

2.0

0

0

4.

Above

275—350

55%

G+2

Semi-

detached

2.0

2.0

0

5.

Above

350—450

50%

G+2

Semi-

detached

2.0

2.0

0

6.

Above

450—600

45%

G+2

Detached

3.0

3.0

2.0

7.

Above

600—1000

40%

G+2

Detached

3.0

3.0

2.0

8.

Above

1000

35%

G+2

Detached

3.0

3.0

2.0

Note:—

I. No side setbacks shall be required in plots or irregular

proportions/dimensions up to the width of 10M, minimum rear

setback of 1M shall be permitted in cases where depth of such

irregular plots is up to 12M. However, there shall be no change

in permissible ground coverage, No. of storeys and height of the

building as given in the table above.

II. The maximum height of a residential house shall not be more

than 12m. Height of each storey in a residential house shall not

be less than 3M, staircase mumty height up to 2.5m shall be in

addition to G+2 storeys permissible.

III. Total habitable floor area shall not be in any case more than

three times the allowable ground coverage.

IV. To cater to this parking requirement in individual plotted

residential houses, stilt floor shall be allowed within the building

envelope and shall be exclusively used for parking for roads 6 m

and above.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

69

V. Any area within building envelope provided for parking on

ground shall not be counted in covered floor area and the same

area shall be allowed for habitable purpose on 3rd floor.

VI. In case stilt parking is provided within building envelope in

combination with ground floor, the area under parking shall be

allowed for habitation on 3rd floor. Height of stilt floor in this

case shall not be more than 3m.

VII. Basements shall not be allowed in row housing, but single

basement shall be allowed in detached and semi-detached

housing subject to fulfilment of basement norms as per National

Building Code.

VIII. Basements in individual plotted housing shall be counted

towards FAR and ground coverage.

IX. Single basement shall be allowed within the building envelope

ensuring structural safety with maximum height of 3.0 m from

finished floor to soffit of beam.

X. Porches up to an area of 17 Sqm shall be allowed in side

setbacks only and no construction over such porches shall be

allowed.

XI. Areas under porch shall be calculated @ 50% for coverage.

XII. Stilt floor shall be allowed on roads not less than 6.0 m Width.

B. Regulations for R3—Group Housing (Flatted Development)

S.No.

Plot Area

(Sq. m)

Max. Ground

Coverage

Max. FAR and

Dwelling Units

per ha

Max. Height (m)

Min. Setbacks

Rear & Both sides

(Each Side)

Tower to Tower

Distance

1. 4000—

8000

30%

175

Height to

be

regulated

by Fire and

Emergency

Equipment

available.

1/3rd of height

of building or

7.5m or building

line of the

abutting road

whichever is

more.

Minimum 6M

all around up to

40 m height and

minimum 9m

allround above

40m height.

2.

Above

8000

30%

225

1/3rd of height.

of building or

7.5

m

or

building line of

the

abutting

road whichever

is more.

Minimum

6M

all around up to

40 m height and

minimum 9 m

all round above

40m height.

70

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

Note:—

I. The Group Housing Scheme shall be subject to Reservation

Policy for EWS/LIG Housing for Urban Poor as per J&K

Housing, Affordable Housing, Slum Redevelopment and

Rehabilitation and Township Policy, 2020.

II. F. A. R./Density required for EWS shall not be counted in

overall FAR of the Group Housing Scheme and shall be

subject to the fulfilment of parking norms for EWS as well if

provided within the Group Housing Scheme. Allotment under

EWS scheme shall be made strictly as per the J&K Housing,

Affordable Housing, Slum Redevelopment and Rehabilitation

and Township Policy, 2020.

III. Bye-laws for affordable housing shall be as per J&K Housing,

Affordable Housing, Slum Redevelopment and Rehabilitation

and Township Policy, 2020.

IV. Maximum Commercial/Public, Semi-public use in Group

Housing/Flatted Development shall be 10% of the total

site/scheme area.

V. Security room may be allowed at the entrance gate up to a

maximum built up area of 30 Sqm (up to 3.5m height) after

maintaining the RoW of road and shall be counted as FAR.

VI. Minimum floor height from finished floor for any habitable

space shall be 2.75m.

VII. Built up area (Unit Area) of apartment for calculation of ECS

shall be excluding common service areas. Any service area

within apartment shall be counted in built up area. Balconies

and Verandas shall be counted @ 50% in FAR.

VIII. If there are any bends or curves on the approach road within

the plot, a sufficient width shall be provided at the curve to

enable the fire tenders to turn, the turning circle being at least

of 9.0 m radius. Where entry to the plot is through a slip road

the gate width shall not be less than 9.0 m for entry of the fire-

fighting appliances.

IX. The internal access to the building within the plot and open

spaces on its all sides shall not be less than 6 m width and the

layout for the same shall be done in consultation with Chief

Fire Officer, Fire Service and the same shall be reinforced to

ensure safety of the fire equipment and capable of taking the

weight of Fire Engine, weighing up to 45 tons. The said open

space shall be kept free of obstructions and shall be

motorable.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

71

X. Main entrances to the premises shall be of 9.0 m width to

allow easy access to the fire engine and in no case, it shall

measure less than 6 m. The entrance gate shall fold back

against the compound wall of the premises, thus leaving the

exterior access way within the plot free for movement of fire

service vehicles. If archway is provided over the main

entrance the height of the archway shall not be at a height less

than 5m.

XI. The catalogue for sale of apartments shall be similar to the

basic plan approved by the Authority.

XII. No deviation in the plan shall be allowed once the apartments

are sold in part or whole.

XIII. No common areas like corridors, stairs, lifts, lobbies shall be

allowed to be sold to a particular person or a group of persons

after the apartments are sold in part or whole.

XIV. No apartment holder shall be allowed to have extra rights on

common spaces.

XV. Common spaces shall include all green spaces, children’s

parks, play grounds, sports facilities, areas which are of

common use of the apartment owners forming part of the

sanctioned plan under bye-laws of the Authority.

XVI. Any additional space not counted in the permissible floor

space shall also be treated as common areas.

XVII. Designated parking spaces shall be allotted to apartment

holders.

XVIII. Height Exemptions:

a. Roof tanks and their supports not exceeding 1.0 m. in

height.

b. Ventilating, air conditioning and lift rooms and similar

service equipment.

c. Stair covered with mumty not exceeding 3.00 m. in

height.

d. Chimneys and parapet wall and architectural features not

exceeding 1.50 m. in height unless the aggregate area of

such structures exceeds 1/3rd of the roof area of the

building on which they are erected. All such appurtenant

structures shall be camouflaged to achieve streamlined

aesthetics.

72

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

C. Regulations for Housing Colonies (plotted)

a)

A group or a group of persons or a co-operative society or firm

intending to plot out an estate into more than 4 plots shall give

notice in writing to the BPIA which will be accompanied by a

layout plan of entire land showing the areas allotted for roads,

open spaces, plot and public buildings, the specification of the

roads, drains and other infrastructures.

b) Roads, drains, water mains and electric lines required for the

colony shall be constructed by the developer at his own cost and

no plot shall be eligible for any services and utilities by the govt.

and/or Municipal Corporation unless the colony is developed

properly and approved by the BPIA, and no building plan shall

be considered by the municipality or prescribed authority in any

plot of such a colony which has not received the prior approval

of the BPIA. Developer in this case will mean the person,

co-operative or the firm intending to plot out the land into more

than 4 plots.

c) Land use of the layout plan approved by the BPIA shall not be

changed unless with the prior consent of the BPIA.

d) Open spaces allocated for parks, playfields, utility sites/buildings

in a colony shall be deemed to have been sold along with the

plots as amenity of the colony by the developer to the plot

holders of the colony. The development of such open spaces

shall be the responsibility of the developer.

e) No permission shall be accorded for construction of a building in

any notified area which shall cause nuisance by way of odour,

smoke, noise or disturbance to inhabitants of the locality or be

injurious to health of the residents of the buildings or to the

inhabitants in the surrounding areas.

f) Norms for Colonies up to 1.0 Hectare:

Land Distribution

1.

Min. Approach Road

9.0 m.

2.

Internal Roads

Width of Means of Access

(m)

Length of Means of

Access (m) Max

6.0

75

7.5

150

3.

Area under Roads

Min. 12%

4.

Area under Green

Min. 10%

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

73

5.

Residential Area

Max. 70%

6.

Commercial/PSP Area

Max. 5%

g) Norms for Colonies above 1 Hectare up to 4 Hectare:

Land Distribution

7.

Min. Approach Road

12.0 m.

8.

Internal Roads

Width of Means of Access

(m)

Length of Means of

Access (m) Max.

6.0

75

7.5

150

9.0

250

9.

Area under Roads

Min. 12%

10. Area under Green

Min. 10%

11. Residential Area

Max. 70%

12. Commercial/PSP Area

Max. 10%

5.2.1.2

The regulations for Commercial and Public, Semi-Public

building use in terms of Space/Plot area, Ground Coverage,

FAR, Height and Setbacks/setbacks shall be as under :—

Table No. 5—4

•

Maximum Building Height and Minimum Setbacks

Note:—WEIM = Whichever is more, NA = Not Allowed/Applicable, B. L= Building Line

Commercial

S.

No.

Building

Use

Plot Area

(Sq. m)

Ground Coverage

(%)

FAR

Max.

Height.

(m)

Min. Setbacks (m)

Front

Rear

Side

Side

1

2

3

4

5

6

7

8

9

10

1.

Single

Shop

Up to

100

70

210

12

(G+2)

Shall be as

per Table

No. 5—2

N

N

N

Note:—Shopping permissible on G+1 only. Basement shall not be allowed.

2. Shopping

Cluster

Above

100—

300

60

180

14

Shall be as

per Table

No. 5—2

3.0

3.0

N

Note:—Shopping permissible on G+1 only. Basement shall not be allowed.

74

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

1

2

3

4

5

6

7

8

9

10

Above

300—

750

50

180

14

Shall be as

per Table

No. 5—2

3.0

3.0

N

Note:—Single Basement within the building envelope shall be allowed as specified

in the basement norms. Stilt floors within the building envelope shall be allowed

for parking only.

3. Commer-

cial

Complex

Above

750—

2000

45

180

20

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

3.0

3.0

Note:—Single Basement within the building envelope shall be allowed as specified

in the basement norms. Stilt floors within the building envelope shall be allowed

for parking only.

Above

2000—

4000

40

180

25

Shall be as

per Table

No. 5—2

6.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

6.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

6.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

Note:—Double basements if used for parking shall be allowed as specified in the

basement norms. Stilt floors within the building envelope shall be allowed.

Above

4000

35

180

Height to

be regul-

ated by

Fire and

Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

6.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

6.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

6.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

Note:—Three basements if used for parking shall be allowed as specified in the

basement norms. Stilt floors within the building envelope shall be allowed.

4. Cinemas/

Cineplex

Min.

4000

50

150

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

1/3rd of

Building

Ht.

1/3rd of

Building

Ht.

1/3rd of

Building

Ht.

Note:—Three basements if used for parking shall be allowed as specified in the

basement norms. Stilt floors within the building envelope shall be allowed.

Canteen/food court up to15% of FAR shall be allowed.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

75

1

2

3

4

5

6

7

8

9

10

5. Hotel

1000-

2500

40

180

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

1/3rd of

height of

building

or 6 m

(W.E.I.M)

1/3rd of

height of

building

or 6 m

(W.E.I.M)

1/3rd of

height of

building

or 6 m

(W.E.I.M)

Note:—5% of permissible FAR for party hall and 3% permissible FAR for

Conference hall shall be allowed.

For Conference halls/party halls/bars/restaurants etc. (Excluding entrance hotel

lobby/atrium) min parking @ 1.5 ECS for 10 Sqm shall be provided.

Double basements if used for parking shall be allowed as specified in the basement

norms. Stilt floors within the building envelope shall be allowed.

Above

2500

30

200

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

1/3rd of

height of

building

or 6M

(W.E.I.M)

1/3rd of

height of

building

or 6M

(W.E.I.M)

1/3rd of

height of

building

or 6M

(W.E.I.M)

Note:—5% of permissible FAR for party hall and 3% permissible FAR for

Conference hall shall be allowed. For plots more than 12K facilities like banquet

hall shall be allowed with parking provision as per banquet norms.

For Conference halls/party halls/bars/restaurants etc. (Excluding entrance hotel

lobby/atrium) min parking @ 1.5 ECS for 10 Sqm shall be provided.

Three basements if used for parking shall be allowed as specified in the basement

norms. Stilt floors within the building envelope shall be allowed.

6. Mall-

cum-

Multiplex

Min.

5000

40

200

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

1/3rd of

height of

building

or 3M

(W.E.I.M)

1/3rd of

height of

building

or 3M

(W.E.I.M)

1/3rd of

height of

building

or 3M

(W.E.I.M)

Note:—For halls/party halls min parking @ 1.5 ECS for 10 Sqm shall be provided.

Three level basements if used for parking shall be allowed as specified in the

basement norms. Stilt floors within the building envelope shall be allowed.

76

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

1

2

3

4

5

6

7

8

9

10

7. Janjghar/

Comm-

unity

Center/

Banquet

Hall

Min.

6000

30

60

12

Shall be as

per Table

No. 5—2

1/3rd of

height of

building

or 6M

(W.E.I.M)

1/3rd of

height of

building

or 6M

(W.E.I.M)

1/3rd of

height of

building

or 6M

(W.E.I.M)

Note:—Double basements shall be allowed. Basements should be allowed for

parking only. In case of sloping roof, no activity shall be allowed in the attic space.

Security room may be allowed at the entrance gate up to a maximum built up area

of 15 Sqm (up to 3.5M height) after maintaining the RoW of road and shall be

included in FAR. Parking shall not be allowed in proposed RoW of roads.

Bore-wells and power-driven water pumps shall not be allowed in construction sites

or in any building without license and proper permission from the competent

authorities.

8. Ware-

housing,

Storage

Vegetable

s & Fruit

Mandis

Min.

25000

25

100

15

Shall be as

per Table

No. 5—2

9.0

9.0

9.0

9. Multi-

Level

Parking

Min.

2000

66

-

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

Note:—Minimum number of car parking space shall be 50. Terrace/Roof Top

Parking shall be allowed with proper protection to the satisfaction of concerned

Authority.

In order to compensate the cost of Multi-Level Parking, a maximum 25% of Gross

Permissible Floor Area may be utilized as Commercial/Office space.

Maximum FAR proposed for commercial spaces shall be 100 (excluding parking

areas). In addition to requisite parking space required for commercial developed

within the Multi-Level Parking complex (@ 3 ECS/100 Sq. m). Three times

additional space for parking components shall be provided.

Three basements shall be allowed for parking as specified in the basement norms.

Maximum height shall be restricted to permissible height of the land use in which

the plot falls.

Shops/Offices/Commercial spaces shall be allowed on ground and first floor, only

for rehabilitation of project affected persons in Government comprehensive

schemes.

In case of Government comprehensive schemes, development controls including

height shall be as per approved scheme.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

77

1

2

3

4

5

6

7

8

9

10

INDUSTRIAL USE

10. Flatted

Group

Industry

and

Service

Centre

Min. 2000

30

120

20

Shall be as

per Table

No. 5—2

1/3rd of

height of

building

or 6M

(W.E.I.M)

1/3rd of

height of

building

or 6M

(W.E.I.M)

1/3rd of

height of

building

or 6M

(W.E.I.M)

Note:—Basement up to the building envelop line to the maximum extent of 50%

plot area shall be allowed and if used for parking and services should not be

counted in FAR.

11. Light and

Service

Industry

100 up to

500

60

120

12

Shall be as

per Table

No. 5—2

3.0

3.0

N

500 up to

4000

55

125

12

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

4000 up to

12000

50

115

12

Shall be as

per Table

No. 5—2

6.0

6.0

6.0

Above

12000

45

100

12

Shall be as

per Table

No. 5—2

6.0

6.0

6.0

Note:—Maximum floors allowed shall be basement, ground floor and 1st floors;

basement should be below ground floor and to the maximum extent of ground

coverage shall be counted in FAR. In case the basement is not constructed, the

permissible FAR can be achieved on the second floor. In case of truss, height of

building should be adjusted/relaxed.

12. Extensive

Industry

400 up to

4000

50

100

9

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht.

(W.E.I.M)

4000 up to

12000

45

90

9

Shall be as

per Table

No. 5—2

6.0

6.0

6.0

12000 up to

28000

40

80

9

Shall be as

per Table

No. 5—2

7.0

7.0

7.0

Above

28000

30

60

9

Shall be as

per Table

No. 5—2

8.0

8.0

8.0

Note:—Single Storey building with basement is allowed. Basement shall be below

the ground level and the maximum extent of the ground coverage and shall not be

counted in FAR. In case of truss, height. of building should be adjusted/relaxed.

78

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

1

2

3

4

5

6

7

8

9

10

Height relaxation can be considered by the content Authority for specialized

industries requiring more height.

PUBLIC AND SEMI-PUBLIC/INSTITUTIONAL USE

13. Offices:

General/

Govern-

ment

Office/

Inte-

grated

Office

Complex

-

30

210

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

Note:—The integrated office complex shall include Central Government Office,

Local Government Office, Public Undertaking Offices and Courts.

Maximum up to three basements within the building envelope. Stilt floors within

the building envelope shall be allowed. Minimum plot area for offices shall be 500

Sqm. These norms shall not apply on basic/important infrastructure/utilities to be

created by Government and shall be as per the Government policies.

Educational

14. Pre-

Nursery/

Creches

As per Residential use Norms.

Note:—Pre-Primary Schools/Nursery Schools/Montessori Schools/Creche, Play

Schools, may be permissible in residential use.

15. Nursery

School

Min. 750 33.33

100

Ht. as per

land use

but not

exceeding

15m

Shall be as

per Table

No. 5—2

3.0 or

B.L.

(W.E.I.M)

3.0 or B.L.

(W.E.I.M)

3.0 or B.L.

(W.E.I.M)

Note:—Stilt floors within the building envelope shall be allowed. Basements shall

not be allowed.

16. Primary

School

Min. 2000

33

120

15

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

17. Middle

School

Min. 4000

33

115

15

Shall be as

per Table

no. 5—2

3.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

79

1

2

3

4

5

6

7

8

9

10

18. High/

Higher

Secon-

dary

School

Min. 7500

35

140

18

Shall be as

per Table

No. 5—2

4.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

4.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

4.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

19. College

Min. 30000

25

100

18

Shall be as

per Table

No. 5—2

5.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

5.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

5.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

20. Educat-

ional and

Research

Centre/

Univer-

sities

Min. 80000

Academic including Administration (45% of the total land area).

-

30

120

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

10.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

10.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

10.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

Residential (25% of the total land area.

-

Regulations of Group Housing shall be followed subject to provision of

density of 400 PPHa gross and land shall be reserved for residential

facilities @ 9.2 Sq. m. per person.

Sports and Cultural Activities (15% of the total land area).

-

10

15

-

Shall be as

per Table

No. 5—2

10.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

10.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

10.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

Parks and Landscape Areas (15% of the total land area).

-

Suitable landscape plan to be prepared for this area.

Note:—Stilt floors within the building envelope shall be allowed. Double basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

80

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

1

2

3

4

5

6

7

8

9

10

Health

21. Hospital

Min. 6000

40

250

when

RoW

less

than

25m

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

300

when

RoW

more

than

25m

Note:—Maximum 10% ground coverage shall be allowed for providing atrium and

shall be free from FAR. In case, additional ground coverage for atrium is utilized

25% of the utilized ground coverage shall be counted toward FAR. Common areas

such as waiting halls, reception and fire stair cases shall be allowed free from FAR.

Service floor of height 1.8m shall not be counted in FAR. The setbacks/regulations

are subject to fire safety norms.

Multi-Level Parking shall be permissible to the extent of building envelope lines,

free from FAR and ground coverage to facilitate ample parking in spaces, subject to

structural safety.

22. Health

Centre/

Nursing

Home

Min. 1000

30

100

26

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht. or

B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

3.0 or

1/3rd of

Building

Ht. or B.L.

(W.E.I.M)

Notes:—Multi-level basements within the building envelope shall be allowed as

specified in the basement norms. Basements/stilt floors if used for parking shall not

be counted in FAR. Max.

Plot area for all Hospital/Tertiary Health Care Centre would be worked out @ 80

sq.m. of gross floor area per bed. However, for other health facilities like

Maternity/Nursing homes, Family Welfare and other centres, the plot area would be

worked out @ 60 sq.m. of gross floor area per bed.

Maximum up to 300 sq. m. of floor area shall be allowed to be used for community

space/religious shrine/crèche/chemist shop/bank counter on Hospital sites and also

Medical College/Nursing and Paramedic institutes sites.

Other Controls :

In case of super specialty medical facilities/hospitals duly certified as such by the

BPIA, the gross area shall be worked out @ up to 125 sq. m. per bed.

In case of existing premises/sites, the enhanced FAR shall be permitted, subject to

payment of charges as may be prescribed by the Authority/land owning agency and

other clearances.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

81

1

2

3

4

5

6

7

8

9

10

Basement after utilization for Parking; Services Requirements such as air

conditioning plant and equipment, water storage, boiler, electric sub-station, HT. &

LT panel rooms, transformer compartment, control room, pump house, generator

room; staff locker room, staff changing room, staff dining facilities without kitchen

facility, Central sterile supply dept., back end office; Other Mechanical Services;

Installation of Electrical and fire-fighting equipment’s; and other services like

kitchen, laundry and radiology lab and other essential services required for the

maintenance/functioning of the building may be used for healthcare facilities with

prior approval of the concerned agencies.

Other controls related to basements etc. are given in end of this chapter.

The bed count of a Health Facility may be allowed as per permissible FAR.

Environment clearances shall be made mandatory considering that bio-wastes are

generated. Environment clearances are mandatory as per the prevailing regulations

related to the environment.

Zero discharge for sewerage shall be enforced at the cost of the promoters and post

treatment water can be used by premises for its needs of horticulture, flushing,

coolant tower, washing or disposal to other construction sites. These issues

concerned the local bodies and can be dealt accordingly as per existing regulations

as the time of sanctioning the plan.

The additional power requirements shall be met by power supply from grid and till

such time by means of suitable captive generation.

23. Radio

Diagno-

stic

Centre/

Microbio-

logical/

Patho-

logical

Laborat-

ories

Min. 500

30

100 15 without

stilt

18 with

stilt

Shall be as

per Table

No. 5—2

3.0 or

B.L.

(W.E.I.M)

3.0 or B.L.

(W.E.I.M)

3.0 or B.L.

(W.E.I.M)

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

Facilities and Amenities

24. Religious

Premises

Min. 750

35

70

12

(Exclud-

ing

Minars

Shikharas

or Domes)

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht..

3.0 or

1/3rd of

Building

Ht..

3.0 or

1/3rd of

Building

Ht.

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

25. Police

Post

Min. 250

35

100

12

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht.

3.0 or

1/3rd of

Building

Ht..

3.0 or

1/3rd of

Building

Ht.

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

82

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

1

2

3

4

5

6

7

8

9

10

26. Police

Station

Min. 1000

30

150

26

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht.

3.0 or

1/3rd of

Building

Ht.

3.0 or

1/3rd of

Building

Ht.

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

25 % of the plot area may be used for housing the staff and the regulations of group

housing shall be applicable to the area meant for housing.

27. Post &

Tele-

graph

Office/

Bank

Min. 250

25

100

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht.

3.0 or

1/3rd of

Building

Ht.

3.0 or

1/3rd of

Building

Ht.

Note:—Stilt floors within the building envelope shall be allowed. Multi-level

basement within the building envelope shall be allowed for parking as specified in

the basement norms.

28. General

(Public &

Semi-

Public

Premises)

Min. 500

25

100

Height to

be

regulated

by Fire

and Emer-

gency

Equip-

ment

available

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht.

3.0 or

1/3rd of

Building

Ht.

3.0 or

1/3rd of

Building

Ht.

Note:—Stilt floors within the building envelope shall be allowed. Double basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

Other controls:

Up to 25% of maximum FAR can be utilized for residential use of essential staff in

fire station.

Up to 15% of maximum FAR can be utilized for residential use/hostel for essential

staff and student accommodation, in Fire Training Institute/College.

Other controls related to basements etc. are as per regulations.

29. Fire

Station

Min. 2000

30

120

26

Shall be as

per Table

No. 5—2

3.0 or

1/3rd of

Building

Ht.

3.0 or

1/3rd of

Building

Ht.

3.0 or

1/3rd of

Building

Ht.

Note:—Stilt floors within the building envelope shall be allowed. Double basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

Other controls:

Up to 25% of maximum FAR can be utilized for residential use of essential staff in

fire station.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

83

1

2

3

4

5

6

7

8

9

10

Up to 15% of maximum FAR can be utilized for residential use/hostel for essential

staff and student accommodation, in Fire Training Institute/College.

Other controls related to basements etc. are as per regulations.

Non-Residential Premises

30. Hostel

Min. 750

30

120

15

Shall be as

per Table

No. 5—2

1/3rd of

Building

Ht.

1/3rd of

Building

Ht.

1/3rd of

Building

Ht.

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

31. Guest

House,

Boarding

House or

Lodging

House

Min. 500

30

120

18

Shall be as

per Table

No. 5—2

1/3rd of

Building

Ht.

1/3rd of

Building

Ht.

1/3rd of

Building

Ht.

Note:—Stilt floors within the building envelope shall be allowed. Single basement

within the building envelope shall be allowed for parking as specified in the

basement norms.

Other Uses

Petrol Pumps:

The general regulations for Petrol Pumps shall be as per guidelines issued by Ministry of Road,

Transport & Highways.

•

New petrol pump shall not be located on any road having R/W less than 15 m

32. Filling

Station

The

frontage &

depth of the

plot shall

be as per

guide-lines

issued by

Ministry of

Road,

Transport

& High-

ways.

10

10

6

Shall be as

per Table

No. 5—2

N

N

N

Filling

Cum

Service

Station

20

20

6

Shall be as

per Table

No. 5—2

N

N

N

Comp-

ressed

Natural

Gas

(CNG)

Mother

Station

20

20

4.5

Shall be as

per Table

No. 5—2

N

N

N

Other Regulations:

Shall be accepted to explosive/Fire Dept. Ground Coverage will exclude canopy

area. Mezzanine if provided will be counted in FAR.

84

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

Note:—

• The height. of stilt should be maximum 3.0 m below soffit of

beam.

• In case stilt parking is provided within commercial or PSP

building envelope in combination with ground floor. Height of

stilt floor in this case shall not be more than 3.0 m. below beam

soffit.

5.2.1.3

Relaxation in Floor Area Ratio (FAR):

In case of Building‐units affected by road widening or

construction of new road, the owner may claim FAR from the

BPIA as a compensation for the surrendered land. In case of

FAR, the BPIA shall permit the FAR of any such land/plot or

Building‐unit on the basis of the original boundary of the

Building Unit. This is subject to conformity with all other

requirements mentioned in these Regulations as per the new

boundary. Before securing Development Permission on any such

Building‐units, owner shall have to surrender the affected land

which shall be calculated as follows:—

Compensation as TDR = Surrendered Land (sq. m.) x Base

F.A.R. x 2.

5.2.1.4

Areas not counted towards computation of FAR

Following areas shall not be counted towards computation of

FAR :—

1. The area under lift wells, service ducts, machine room for

lifts, water tanks, escalator, lift lobby, fire escapes, ramps and

service ducts.

2. Parking areas, parking floors, mechanized parking areas,

porch, service floors, podiums.

3. Basement if used for parking.

4. Corridors, arcades, lobbies, mumty, staircases, entrance

lobbies or foyers, atrium which is not used for commercial

activity, pump room and two watchmen hut each not

exceeding 6 sq. ms.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

85

5. Provided that in commercial use premises, the area of foyer(s)

or entrance lobby(ies) located on the ground floor which

exceeds 20% of permissible ground coverage shall be counted

in the FAR.

Notes:—

1. In cases where building proposal approved prior to these

Regulations are proposed to avail the balance development

rights not exceeding the total permissible FAR as per these

regulations shall be permitted by utilizing the TDR and by

payment of Premium.

2. In case of land parcels affected by the road widening or land

acquisition for public purpose uses, the owner shall have right

to use TDR provided in form of compensation as an

additional F.A.R. of the surrendered land, on the same

land/building parcel or shall be allowed to sell the F.A.R. as

per TDR policy.

3. In case if TDR is not available through private owner then

plot owner will have an option to avail additional FAR.

4. Road Side Setback in a Land-Parcel shall be regulated by the

Road width it abuts.

5. For Redevelopment parcels, sides & Rear Setbacks shall be

minimum of 6m or 1/3rd of the abutting building height,

whichever is more.

6. For Land-Parcel with two or more abutting roads, the Road-

side Setback/setback as per the building line shall be

applicable on all such abutting sides. This Regulation shall be

applicable for all Land-Parcels or as mentioned in Master

Plans/Zonal Development Plans.

5.2.1.5

Permissible Uses in Setbacks :

1. Residential Zone—

a.

Ancillary uses such as Car Porch shall be permitted as a

part of the permissible FAR as already given of the

Building Unit, in side or rear Setback but in no case in

Road-side Setbacks; with maximum permissible ground

coverage of 17 sq. m. and maximum permissible height

of 3.0 m.

86

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

b.

Open cantilever staircase with maximum width of 1.00 m

and landing space of maximum 2.00 Sq. m at floor level

shall be permitted in side or rear Setbacks except on road

side Setback.

c.

Doors, windows or projections shall not be permitted

along the common wall of the adjoining property.

d.

No rainwater from the roof shall be drained in the

adjoining property.

e.

Partition wall shall be allowed along the Building Unit

boundary on common boundary of semi-detached

building and on Setback between two structures up to a

maximum height. of 1.5 ms.

2. For Residential Zone Building Uses: Underground water tank,

percolation well, bore well and pump room with a maximum

size of 2ms X 2ms and with a maximum depth of 2ms.

3. Vehicular Ramp connecting ground level with basement level

shall be permitted in side and/or rear Setback only.

4. For a building-unit using Setback for providing electrical

infrastructure such as substation, underground water tanks

shall be allowed on only one Setback side except Road-side

Setback. The other Setbacks shall be kept clear and accessible

at ground level.

5. Electrical Infrastructure: Electrical Sub-station, Transformer

room, Box-type transformer, Section Feeder Pillar, Auxiliary

Power Back-up System and M. room according to the norms

of the Competent Electric Company shall be permitted in

Setback except Road-side Setback of the Building-unit. The

area of such construction shall not be counted towards FAR.

6. Fire Escape Open Staircase for Building with height more

than 30ms: Fire Escape Staircase required shall be permitted

in Setback except road-side Setback and subject to free

movement of fire tender.

7. Pedestrian Ramp shall be permissible in Setback at Ground

Floor Level only.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

87

8. Parking shall be permitted in Setbacks except in Approach

Road.

9. Parking shall be permitted in Setbacks except in Approach

Road.

10. In any Setback open space, weather sheds, sun breakers

horizontal or vertical projections shall be permitted up to 0.60

m. These projections may also be part of the facade

articulation at various levels, but shall in no cases be at the

floor level such that they become a part of the habitable

space. Such projections shall be allowed above a minimum

height of 2.4ms from the ground level.

5.2.1.6

Restricted Use in Setbacks :

1. The required Setback open spaces except permissible uses as

per Regulation 5.2.1.5 shall be kept permanently open to sky.

2. This space shall not be used for stocking materials or loose

articles for the purpose of trade or otherwise, putting up fixed

or movable platforms.

3. Parking shall not be allowed in the Setback provided as

approach road.

4. Vehicular ramp leading to parking in floors above ground

level shall not be permitted in the Setback.

5. Pedestrian ramps connecting ground floor with upper floors

shall not be permitted in the Setbacks.

5.2.1.7

General Basement Requirements :

In a Building-unit, the Basement shall be permitted on the

following conditions:

A. Setbacks :

1. Basement shall be permitted on plot abutting Minimum Road

width 12 m or above and coverage up to Building Envelop

only.

2. Basement shall be permitted on plot having minimum plot

width 18 m or more.

3. Basement shall be permitted in the building envelop only.

B. Height of Basement:

1. Maximum Height of the Basement below soffit of beam shall

be 3.0m.

2. Height of first basement above ground level will be maximum

1.5 m below the roof slab. Where stilt or podium parking is

88

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

permitted, the first basement roof will be levelled with the

ground.

C. Permissible Uses in Basement :

1. Permitted uses in Basement are parking, safe deposit vault,

A.C. Plant, storage other than inflammable material, Sewage

Treatment Plant.

2. No habitable use shall be permitted in the basement.

3. Permitted uses in Basement of a Hospital Building:

Radiation-producing device, Radiation Therapy Room, MRI

or X-Ray room. This shall be permissible only if the

basement layout is not shown as parking for approval.

4. For basements exclusively for parking, any other permissible

use is permitted only in basement level-1 up to a maximum

area of 10% of the total built-up area of the basement floor.

This non-parking area shall be calculated towards the

computation of FAR.

5.2.2

Parking :

5.2.2.1

Private Parking (On the plot) :

5.2.2.1.1 General Requirements for Parking :

1. Parking requirement for a Mixed-Use development shall be

calculated on pro rata basis of the FAR consumed specific to

the different uses.

2. Parking is permitted at any floor level above ground and at

more levels or basement as per required parking, with

provision of vehicular ramp/mechanized means/car lifts.

3. Parking area includes parking space, driveway and aisles but

excludes approach road, vehicular lift and vehicular ramps.

4. Parking layouts with minimum size requirements for parking

space, driveways and access lanes shall be provided as

mentioned ahead.

5. Parking shall be permitted in side or rear Setbacks except in

Approach Road as per Regulation 5.2.1.5.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

89

6. Parking area should be retained as effective parking space and

shall be maintained with light and ventilation system if

provided in an enclosed area.

7. In cases where misuse of parking space is noticed, the use of

the entire building shall be discontinued by the BPIA.

Building use shall be permitted only after the required

parking spaces are provided. High penalty shall be levied

considering the period of misuse of the parking space and the

benefit derived out of misuse as decided by the BPIA from

time to time.

8. If parking is provided on a terrace with vehicular elevator,

vehicular ramp is not necessary if parking space is provided

with provision of floor sprinklers.

9. Parking shall not be permitted within an Atrium.

10. At the time of approval an agreement/affidavit regarding the

areas in basement/stilts/open shown for parking shall be

furnished by the applicant to the concerned authority

mentioning that aforesaid part (parking) shall not be sold to

any body and it shall remain for parking only, this area shall

remain in joint possession of the occupants of the building. In

case of violation concerned authority will be authorized to

demolish any such construction with or without prior notice.

5.2.2.1.2 General Space Requirement for Parking :

1. Location

The parking spaces can be provided in basement or on a floor

supported by stilts or on upper floors/podium and uncovered

spaces in a plot. However, no parking spaces will be

permitted in the Setback open spaces as required to be

provided as per Regulation No. 5.2.4.7 & 5.2.4.8.

2. The deck parking inclusive of car lifts & passages shall be

counted in FAR.

90

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

3. Area of Parking Space: The area of parking spaces shall be

provided as given below:—

Table No. 5—5 Parking requirements

S.

No.

Use

Parking requirement

1

2

3

1

Residential

Residential (R1) for

Plots more than 50

sq. m.

Minimum

Parking

requirement

for

individual plotted housing shall be

calculated @ 0.25 ECS for every

40 Sq. m. of built-up area.

Group Housing

• Up to 50 Sq. m/EWS 0.25 ECS

• Above 50 Sq. m to less than 100 Sq. m

0.5 ECS

• From 100 Sq. m up to 120 Sq. m

1.0 ECS

• Above 120 Sq. m up to 180 Sq. m

1.5 ECS

• Above 180 Sq. m 2.0 ECS

2

Commercial

Single Shop

• 2.0 ECS/100 Sq. m F.A. (if F.A.

exceeds 50 sq.m)

Shopping Cluster

• 2.0 ECS/100 Sq. m F.A.

Commercial

Complex

• 2.0 ECS/100 Sq. m F.A. up to plot area

4000 Sq. m

• 2.5 ECS/100 Sq. m F.A. above 4000

Sq. m plot area

Cinema/Cineplex

• 1 ECS for 3 seats of Cinema

• 2 ECS/100 Sq. m F.A. for other uses

incidental to Cinema/Cineplex

Hotel

• 1 ECS for 3 Guest Rooms

• 2 ECS/100 Sq. m F.A. for other uses

incidental to Hotel

• For Conference Halls/Party Halls/Bars/

Restaurant (excluding entrance Hotel

lobby/Atrium) min. parking @ 1.5

ECS/10 Sq. m shall be provided

Mall/Multiplexes

• 1 ECS for 3 seats of Cinema

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

91

1

2

3

• 2 ECS/100 Sq. m for additional area

under

uses

incidental

to

Malls/

Multiplexes

• For Party Halls min. parking @1.5ECS

for 10 Sq. m shall be provided

Banquet

Hall/Community

Centre/Janjghar

For plots min. 6000 Sq. m up to less than

10000 Sq. m

• Min. 150 ECS up to 1000 Sq. m of

built-up area.

• For more than 1000 Sq. m an additional

parking @ 1.5 ECS/10 Sq. m shall be

provided.

For plots above 10000 Sq. m

• In addition to above category, an

additional parking @ 6 ECS/500 Sq. m

plot area shall be provided

Restaurant/Fast

Food Bar

1.0 ECS for every 3 seats

3.

Public-Semi-public/Institutional Use

Offices:

General/Government

Offices/Integrated

Office Complex

• 2.0 ECS/100 Sq. m F.A.

4.

Education

Primary/Middle/

Secondary & Hr.

Sec. schools

•

For the Administrative & public Area

of the School 1.5 ECS per 100 Sq. m

built-up area or part thereof.

•

For Every 3 Class Room-1 LCV

College/Research

Centre

• For the Administrative & public Area

of the School 1.5 ECS per 100 Sq. m

built-up area or part thereof.

• For Every 3 Class Room-1 LCV &

1ECS

Coaching Classes

For every 20 Students-1 ECS

5.

Hospitals/Health

Centre/Nursing

Home/Radio

Diagnostic

Centre/

Microbiological/

pathological

• 2.0 ECS/100 Sq. m F.A.

92

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

1

2

3

6.

Religious Premises

• 1 ECS/100 Sq. m F.A.

7.

Police Post/Police

Station/Fire

Station/Post &

Telegram

Office/Bank/General

Public-Semi-Public

Premises

• 2.0 ECS/100 Sq. m F.A.

8.

Hostel

• 1.5 ECS/100 Sq. m F.A.

9.

Guest House,

Boarding House and

Lodging House

• 2.0 ECS/100 Sq. m F.A.

ECS value shall be taken as:

S.

No

On Ground

Basement

Stilts

Mechanized

Rotating

1

18.0 Sq. m/ECS

28.0 Sq. m/

ECS

23.0 Sq. m/

ECS

16.0 Sq. m

5.0 Sq. m

•

For Four-wheeler :

1. Basement parking shall be permitted on plot abutting

Minimum Road width 12 m or above.

2. Basement parking shall be permitted on plot having minimum

plot width 18 m or more and minimum plot depth 20 m or

more.

3. Side and Rear Setbacks for Basement parking shall be as per

Regulation 5.2.4.1, 5.2.4.2.

4. Minimum driveway 4.5 m for one-way circulation, 6 m for

two-way circulation.

5. Minimum Four-wheeler bay size shall be 2.5 m x 5 m.

6. The height of basements from floor to ceiling shall be as per

Regulation no. 5.2.4.7. The ramp within Setbacks shall be

permissible subject to free and convenient movement of fire

tender.

7. Adequate fire safety, light and ventilation and air change

through mechanical means shall be provided.

8. Permissible uses in basements shall be as per Regulation

No. 5.2.4.7.

9. Basement parking can also be Mechanized instead of

conventional ramps.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

93

10. Combination of two-wheeler and four-wheeler vehicle

parking shall be allowed.

5.2.2.1.3

Common Parking Space :

If the total parking space as required by these Regulations is

provided by a group of property owners for their mutual benefit

within a distance of 500 m from their property, such common

use of space for parking may be construed as meeting the off-

street parking requirements under these Regulations subject to

the approval of the concerned area authority. If such common

parking space is proposed for a group of buildings, the owners of

such buildings shall submit a layout thereof and also a registered

undertaking stating that the area earmarked for the parking space

will not be built upon and will be utilized for parking purpose

only.

5.2.2.1.4 Parking for Non-Motorized Vehicular Zone (NMV

Zones) :

For NMV Zones required parking space shall be provided as

per Regulation No. 5.2.5.1.2 in the premises itself. If the

required parking space cannot be provided, then plot owners

can pay parking facility charges as per Regulation No. 5.2.7.5.

5.2.3

Premium/Charges

for

Mixed-use,

Commercial-Use,

Additional F.A.R. & Parking in Respective Zones:

Table No. 5—6 Premium/Charges

Particulars

R

M

C

PSP

Value Capture Fund

Applicable

Applicable

Applicable

Applicable

Mixed-Use (annually)

(as

per

regulation

No. 5.2.4.4

Applicable

N.A.

N.A.

N.A.

Commercial-Use (one

time)

(as

per

regulation No. 5.2.4.2)

N.A.

Applicable

Applicable

N.A.

Additional

F.A.R.

(one-time)

(as

per

regulation No. 5.2.4.3)

N.A.

Applicable

Applicable

Applicable

Parking

Charges

(one-time)

(as

per

regulation No. 5.2.4.5)

Applicable

Applicable

Applicable

Applicable

Amalgamation

Charges

(one-time)

(as per regulation No.

5.2.4.6)

Applicable

Applicable

Applicable

Applicable

94

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

5.2.4

Value Capture Finance :

Following are the Value Capture Finance Methods and

Regulations respectively.

5.2.4.1

Value Capture Fund :

1.

Value Capture Fund is applicable on Influence Zone.

Influence Zone will be 60 m on either side of RoW

developed for public transport system and the roads must be

with RoW 18 m and above.

2.

For the properties abutting to the road as prescribed above,

the Value Capture Fund should be at the rate of 3% on

Stamp Duty Rate.

3.

For the properties which are not abutting the road and

backside of the road facing properties, the fees shall be at the

rate of 1.5% on Stamp Duty Rate.

4.

The above fees shall be charged at the time of building

permission by Implementing Agency.

5.2.4.2

Commercial Use Charges :

1.

These are the charges for the Commercial use, shall be taken

as premium on FAR and shall be payable once.

2.

These charges shall be applicable for M Zone and C Zone.

3.

Commercial use charges will be calculated as—

Total payable Fee = (Plot/Land area) x (Consumed FAR) x

(land value, Prevailing collector rate) x 0.03.

5.2.4.3

Premium on additional FAR :

1.

These are the charges for additional Floor Area Ratio (FAR)

and shall be payable once.

2.

These charges shall be applicable for R-C zone, C zone, PSP

Zone.

3.

The additional FAR permitted shall not exceed the FAR as

permitted.

4.

An application for availing additional Floor Area Ratio

(FAR) shall be made to the BPIA. Such application shall be

accompanied by the requisite documents and a fee of

Rs. 5000. The BPIA after examination of the application

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

95

may allow additional floor area ratio to the applicant to the

extent permitted in rule hereinabove.

5.

The application for grant of additional FAR shall be

considered only in case the plot in question is a part of a

layout plan duly approved by the BPIA.

6.

Premium on Additional FAR will be calculated as

follows :—

= (Purchased Additional FAR in Sqm.) x (25% of the

prevailing Stamp Duty Rate)

7.

The Sale/Purchase or Transfer of development rights shall be

as per the Government Policy and regulations.

8.

After purchase of additional FAR, Authority will issue the

certificate of extra FAR purchased from the Authority. Only

after getting the certificate, the property owner will get the

building permission for additional FAR.

5.2.4.4

Premium on Mixed use :

1.

These are the charges for the Mixed use (non-residential use)

in the residential use if allowed in Master Plan and shall be

payable annually.

2.

These charges shall be applicable for R Zone.

3.

Premium on Mixed Use will be calculated as follows.

4.

Total payable amount: (Prevailing Stamp Duty Rate (per

Sqm) x 0.01 x (Total Area used as non-residential).

5.

As per the mixed-use policy, use of non-residential activity

in residential building shall pay the above prescribed charges

before building permission. These charges shall be paid

before building permission.

6.

Any mixed use which is in existence in residential area, the

owner shall get the revised approval from BPIA within 2

years from the date of notification of these regulations. If the

owner fails to get the revised permission then, owner will be

penalized 5 times the additional charges for the mixed use

for the period after the date of notification.

7.

These mixed-use charges which will be deposited with the

ULB, the particular amount will be used for infrastructure

development and parking development.

96

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

8.

The ULB has a right to inspect, penalize the properties

which are under mixed use category.

5.2.4.5

Premium on Parking :

These charges shall be applicable for R Zone, M zone, C zone,

PSP Zone.

If required parking space cannot be provided due to plot size

constraints, then plot owners can pay parking facility charges as

follow:

Parking Charges = (Prevailing Stamp Duty Rate) x 25% x (Total

Required Parking Area)

5.2.4.6

Premium on Plot amalgamation (Subject to Policy) :

These charges shall be applicable for R-Zone, M zone, C zone,

PSP Zone.

Plot amalgamation charges will be calculated as

1.

For R.—Zone

Premium = (Total amalgamated

land in Sqm) x Rs. 100

2.

For M-Zone & C-Zone

Premium = (Total amalgamated

land in Sqm) x Rs. 200

3.

For PSP-Zone

Premium = (Total amalgamated

land in Sqm) x Rs. 50

5.2.4.7

Design consideration for Streets :

1.

Provision of Footpaths on all streets, except on traffic

calmed small streets.

2.

Footpath shall be continuous, unobstructed and minimum

width shall be as per figure below.

3.

Provision of Bus Stops (Shall not create hindrance for

pedestrians) and Safe pedestrian crossings near Bus stops.

4.

Provision of unobstructed Street Furniture’s.

5.

Litter/Trash bin.

6.

Informatory and cautionary signages (as per IRC guidelines).

7.

Space for Public toilet (unobstructed).

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

97

8.

All the Underground utilities for e. g. : storm water drainage,

sewerage lines, water pipe line, telecom line etc. shall be as

per section proposed in the annexure.

9.

Road markings (as per IRC guidelines).

Note:—Refer and follow Street Design as per IRC guidelines for

detail design regulations.

5.2.5

Regulations for Environmentally Conservation Green Zone

(CG) :

1.

It is an environmentally conserved land-use where no

building construction is permitted.

2.

Development activities within this zone shall confirm to the

regulations given hereunder :—

a. The green buffer along the Nallas/Rivers or the open

space along the River/tributary shall be minimum 30 m

from the highest water level or as provided in the master

plan/zonal development plan or as provided under Water

Regulatory Act, whichever is more.

b. Development

of

road/mechanized

parking/off-street

parking shall be permissible in this zone by the BPIA.

c. Plantation and sit outs, shall be permissible within this

zone by the BPIA.

d. Development permissions for Recreational activities or

sightseeing areas shall be given in these regulations

within this zone by the BPIA.

e. Structures of historical/heritage importance in this zone

shall be preserved. Any restoration works needed to be

carried out shall be encouraged with the permission of the

BPIA.

f. Existing building coming within this zone shall not be

allowed to add any additional coverage or F.A.R.

5.2.6

Regulations for Redevelopment Parcels :

The following regulations are applicable for the Redevelopment

land parcels.

98

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

5.2.6.1

Permissible Uses :

5.2.6.1.1

Permissible

Uses

for

Redevelopment

area

lying

indominant zone :

Permissible uses and Non-Permissible uses shall be as per the

dominant zone on which the Redevelopment Parcel lies and

shall be as per Regulations no. 5.1.3 above.

1. The percentage of permissible uses allowed on Total

Built-up area of Redevelopment Parcel shall be as per

Table below:—

Table No. 5—7 Permissible uses of a Redevelopment Parcel lying

on specified predominant land-use

S.

No.

Permissible

Use

Percentage of Permissible uses on Total Built-up

area of Redevelopment Parcel

If, it

lies

in

Predominantly

Residential zone

If,

it

lies

in

Predominantly

Commercial zone

1.

Residential

70 %

40%

2.

Commercial

20%

50%

3.

PSP

10%

10%

Note:—

1. Area under PSP may be accommodated in Residential or

Commercial as per requirement.

5.2.6.1.2 Permissible Uses by Road width :

The Minimum width of the abutting road shall not be less than

15 M for redevelopment parcels.

5.2.6.2

Development of Land :

1.

Minimum area of the land/plot for redevelopment shall be

0.2 Hectare, plot may be owned by an individual/society or

pooled of different owners or by government body.

2.

Aforesaid plot/land for Redevelopment, must have planning

permission in which the city level circulation is coordinated,

essential provisions for sector/sub sector level amenities,

facilities, utilities and services and provision for informal

sector shall be ensured.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

99

3.

Development of Redevelopment Parcels shall be permissible

only if, minimum Plot width/Land Frontage is 30 m on the

abutting road with minimum width of not less than 18 m.

Note:—

Provision for economically weaker section shall be incorporated

in the Redevelopment Layouts as per JK Housing Policy, 2020

or the policy of the Government laid down from time to time.

5.2.6.3

Permissible Floor Area Ratio (FAR) For Redevelopment

Parcels :

1.

The base FAR for Redevelopment Parcel shall be as per

5.2.1.1 & 5.2.1.2.

2.

Additional FAR purchasable shall be as permitted by

Government.

3.

Area covered by Atrium and mezzanine floors shall be

counted towards computation of FAR.

5.2.6.4

Building Height for Redevelopment Parcels :

The Maximum Permissible Building Height shall be as per

provisions of Regulation No. 5.2.1.1 & 5.2.1.2 and regulated

according to the width of the road on which it abuts as

mentioned in the above-mentioned regulation.

5.2.6.5

Setbacks for Redevelopment Parcels

5.2.6.5.1

Road Side Setbacks for Redevelopment Parcels :

The Setbacks for any building development shall be as per

Regulation No. 5.2.1.1 & 5.2.1.2 whichever implies.

5.2.6.5.2

Minimum Setback between Buildings :

1.

Minimum distance between two buildings shall be 1/3rd the

height of taller building.

2.

If two buildings next to each other have different heights,

required Setback for taller building shall be applicable. For

example—if one building is of 25 ms and the adjacent

building is of 45ms in height, the minimum Setback between

these two buildings shall be 15.0 ms.

100

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

5.2.6.5.3

Permissible Ground Coverage :

1.

The maximum permissible ground coverage shall be 50%.

2.

Minimum Common Open Space of 10% shall be provided

and no edge of such open space shall be less than 7.5m.

5.2.6.6

Parking :

1.

The parking norms for Redevelopment parcels shall be as

per Regulation no. 5.2.5.1.2.

2.

Provision of individual parking shall be compulsorily

provided for every redevelopment land parcel.

5.2.7

Regulations for Urban Heritage Area

5.2.7.1

Applicability :

These Regulations will apply to those buildings, artefacts,

structures and/or precincts of historical and/or aesthetical and/or

architectural and/or cultural value.

5.2.7.2

Restriction on Development/Redevelopment/Repairs, Etc. :

1.

No development or redevelopment or engineering operations

or additions, alterations, repairs, renovation including the

painting of buildings, replacement of special features or

demolition of the whole or any part thereof or plastering of

listed/heritage buildings or listed Heritage precincts shall be

allowed except with the prior written permission of the BPIA

in consultation with the Heritage Conservation Committee to

be appointed by Government. The BPIA may overrule the

recommendations of the said Heritage Conservation

Committee by recording reasons in writing.

2.

In relation to religious buildings, the changes, repairs,

additions, alterations and renovations required on religious

grounds mentioned in sacred texts or as a part of holy

practices laid down in religious codes shall be treated as

permissible, subject to their being in accordance and

consonance with the original structure and architecture

designs, aesthetics and other special features thereof.

Provided that before arriving at his decision, the BPIA may

take into consideration the recommendations of the Heritage

Conservation Committee.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 101

3.

Identified and listed heritage building even under private

ownership will not be allowed to be demolished.

5.2.7.3

Power to Alter, Modify the List of Heritage Buildings and

Heritage Precincts :

The list of buildings, artefacts, structures and precincts of

Historical, and/or aesthetical and/or architectural and/or cultural

value to which this Regulations applies may be supplemented,

altered, deleted or modified from time to time by Government on

receipt of proposals from the BPIA or by the Government.

5.2.7.4

Grant of Transferable Development Rights in Case of Loss

of Development Rights :

If any application for development is refused under this

Regulations and conditions are imposed while permitting such

development which deprive the owner/lessee of any unconsumed

development rights, the said owner/lessee shall be compensated

by grant of Development Right. Certificate in terms of TDR as

per TDR policy. The extent of TDR permissible will be

difference between the permissible development rights on the

plot and the consumed BUA of the heritage structure. The grant

of TDR shall be subject to a contract between the owner/lessee

and concerned authority/development authority, binding the

owner/lessee to conserve the heritage building in a prescribed

manner.

5.2.7.5

Grading of The Listed Buildings/Listed Precincts :

The list of Heritage Building, Heritage precincts, “Grades” such

as “I”, or “II” will be formulated. The meaning of these Grades

and basic guidelines for development permissions are as follows:

Table No. 5—8 Grading of the Listed Buildings/Listed Precincts

S. No.

Grade-I

Grade-II

1

2

3

1.

Scope-Heritage Grade-I com-

prises building/precincts, of

regional or local importance,

possessing special architectural

or aesthetical merit or cultural

Heritage Grade-II comprises

of buildings and precincts

of importance for town scape,

they

evoke

architectural,

aesthetic or sociological interest

102

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

1

2

3

or historical value, though of a

lower order. They are local

landmarks contributing to the

image and identity of the city.

They may be the work of

master craftsmen or may be

models of proportion and

ornamentation, or designed to

suit particular climate within

the premises of Heritage

Grade-I buildings (open

space/compound) of which

independent/separate additional

building(s)/structure(s) may be

permitted to be constructed,

owing to the availability of

adequate surrounding open

space and unconsumed F.A.R.,

will be assigned as Grade-IB.

The remaining Grade -I

buildings will be assigned

Grade-IA.

though not as much as in

Heritage

Grade-I.

These

contribute to determine the

character of the locality, and

can be representative of a life

style of a particular community

or region and may also be

distinguished by setting of a

street-line or special character

of the facade and uniformity of

height, width and scale.

2.

Objective- Heritage Grade-I

deserves

intelligent

conser-

vation.

Heritage

Grade-II-Deserves

protection of unique features

and attributes.

3.

Scope

for

development-

Grade-IA:

In addition to the scope for

development permissible for

Grade-I, internal changes, and

adaptive reuse may be generally

allowed.

In

certain

circumstances, extension of a

External and internal changes

and

adaptive

reuse

would

generally be allowed. Changes

can

include

extensions/

additional buildings in the same

plot or compound provided that

extension/additional building is

in harmony with and does not

detract

from

the

existing

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 103

1

2

3

Grade-IA heritage building may

also be allowed; provided that

such extension shall be in

harmony with (and shall not

detract from) the Grade-IA

heritage building concerned or

precinct, especially in terms of

height and/or facade. External

changes too may be permitted,

subject to strict scrutiny. Care

should be taken to ensure the

conservation

of

all

special

aspects/features of Grade-IA

building concerned.

Grade-IB:

In addition to above, additional

building(s) in the same plot or

compound

may,

in

certain

circumstances,

be

allowed;

provided that, such additional

building(s) shall be in harmony

with (and shall not detract

from) the Grade-IA heritage

building(s)

or

precinct,

especially in terms of height

and/or

facade

and

such

buildings shall be termed as

Grade-IB heritage buildings.

heritage

building/precincts

especially in terms of height

and/or facade. Reconstruction

may be allowed when the

building is structurally weak or

unsafe or when it has been

affected by accidental fire or

any

other

calamity

or

if

reconstruction is required to

consume the permissible F.A.R.

and

no

option

other than

reconstruction is available.

Reconstruction may also be

allowed

in

case

of

those

buildings which attract the

provisions of reconstruction,

may

be

allowed

in

those

buildings

being

repaired/

reconstructed by Development

Authority.

However,

unless

absolutely

essential

nothing

should spoil or destroy any

special features or attributes for

which it is placed in the

Heritage List.

4.

Procedure:

Development permission would

be given by the Concerned

Development

Authority

in

consultation

with

Heritage

Conservation Committee.

Development permission would

be given by the concerned

authority in consonance with

guidelines to be laid down by

Government

in

consultation

with

Heritage

Conservation

Committee.

104

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

1

2

3

5.

Vistas/Surrounding

Development-All the develop-

ment in the areas surrounding

Heritage

Grade-I

shall

be

regulated

and

controlled,

ensuring

that

it

does

not

overshadow the grandeur of or

views

from

Heritage

Grade-I.

5.2.8

Urban Design Regulations

5.2.8.1

Corner Articulation :

Buildings located at the corner of intersection/T-intersection

plays an important role for Heritage Precinct Area as well as for

the entire Planning area. Hence such Buildings shall have to

provide a chamfer of 3m or rounded corner with 3m radius.

Figure 72 Corner articulation

5.2.8.2

Mandatory Building Line :

All developments on the streets shall follow existing dominant

front setback as suggested in this chapter.

General Note.

Table 5-9

Plinth Level (Ground Floor Finish

Level)

Consistent 300 mm from centre of

Road Line

Public Walkway Level

150 mm from centre of Road Line

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 105

Signage Height/Shop front Glass

Height

To be Consistent 3.0 m high from

Walkway Level with Clear Shop

Front Glass Height of 2.7 m

Min. Ground Floor Clear Height

3.0 m (Clear from Bottom of Slab

to Walkway Top of Finish)

Notes:—

1. Continuity of Street-Wall: All buildings to align with adjacent

building including Ground Floor Shop front.

2. Awning Projection: All Shop fronts to provide 1.5 m wide retractable

Awning of approved Design and Color to be fixed @ 3.2 m from

Road Level.

3. Signage: Signage should not be more than 300mm thick. Signage

Color for every Street shall be as per Advertisement Guidelines as

notified by concerned development authority.

4. No Projection is allowed in Right of Way Line/Setback Line, in case

there’s requirement of Balcony that should be designed as a

concealed/covered balcony within the setback limits.

5. Steps/ramps for approaching plinth shall not be allowed in the front

MOS.

5.2.8.3

Mandatory Facade guidelines :

After detail DPR for facade design guidelines for individual

street, owner shall mandatory follow the same.

5.2.8.4

Extensions to Existing Buildings :

The proposed extension should be developed with due

consideration its appearance and effect on the street scene, its

impact on the amenities of neighbouring buildings. The proposed

extensions should conform to Urban Design Guidelines for

respective Street.

In addition to the Urban Design Guideline for Particular Street,

the Proposed Extension to existing building should follow

additional guidelines as listed below relating to the size and

design of extensions, and the circumstances where extensions

are generally acceptable, are intended to act as a guide for

building owners. The design and layout of extensions should

reflect the design and proportions of the original building

106

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

particularly for building with Traditional Features and building

older than 15 years, for example:—

•

Doors and windows should reflect the size, style and

sill/lintel of the original.

•

Materials should match or be in harmony with those of the

original building.

•

If the original building had a pitched roof, proposed

extension/alteration should also have similar roof form.

•

Where an existing building is adjoining a road on two sides,

i.e., a corner plot, the extension should incorporate sufficient

space for turning radius of vehicles as defined by Guidelines.

5.2.8.5

Advertisements/Signage :

•

All Advertisement and Signage to be installed in Urban

Design Control Area would require permission from

concerned Planning Authority unless specific exemption is

provided in Guidelines. The following criteria will be

applied to all advertisements requiring planning permission.

•

Advertisement/Signage hoardings and free-standing signs

will not be allowed, except where they are installed on a

temporary basis, to screen vacant, untidy or under-

construction sites.

•

Advertisements/Signage on building should be of a scale and

design which relate to the style of the premises on which

they are to be displayed. Illuminated fascia signs should be

no deeper than 300 mm. The illumination of individual

letters is preferable to the illumination of the whole sign.

•

Advertisements/Signage on side walls and at first floor level

will not be allowed.

•

Projecting signs shall not be allowed except in certain

specific cases which would too should be restricted one sign

per building and should not project more than 750 mm

(including brackets). On illuminated signs, the letters only

should be illuminated. Such Projecting Signs should be

3.5 m above Road Level.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 107

•

Signs and advertisements on shop fronts will normally be

restricted to ground floor front wall area in the space

provided in the Urban Design Guidelines.

5.2.8.6

New Shop fronts/Renovated Buildings :

•

New shop fronts/Renovated Buildings should respect the

scale and design of the premises in which they are installed.

•

New shop fronts/Renovated Buildings should not involve the

removal or alteration of features which are of historical or

architectural interest.

•

Existing windows should not be enlarged above ground floor

level, nor should Ground Floor Façade theme extend above

the level of the first-floor window sills.

•

New Façade should not link multiple building units which

are individual and distinct.

•

In Commercial areas, where owner requires a roller shutter

then a roller grille should be provided in preference to a

solid roller shutter. The roller box housing should be

concealed where possible. Also, wherever possible Shutter

should be on the inside shop front/shop face such that Shop

front is visually accessible during closed hours.

5.2.8.7

Buildings in Heritage Zone :

•

The Authority expects the design of shop fronts and the

fronts of commercial premises, to be of a high standard in

Heritage Zone.

•

Materials used should be in keeping with the character of the

building.

•

Where a commercial Corporate Style is required it should be

adapted to particular building’s existing theme.

•

Stall risers should be retained or replaced where they have

previously been removed, as they provide a visual base to

the shop front. Stall riser can also act as Public Seating along

Vehicular Street and should be encouraged.

5.2.8.8

Advertisements in Heritage Zone :

•

Advertisements within Heritage Zone should be designed so

that they are in keeping with the character of the building

and the area as a whole.

108

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

•

Where illuminated advertisements should not be internally

illuminated but externally lit by spotlight Individually

illuminated letters may be acceptable.

•

Large/Modern illuminated signs and illuminated projecting

signs on listed buildings/Heritage Street shall not be allowed.

Advertisements should be of a size, design and of materials

that complement the character of the building/street.

5.2.8.9

Street Specific Guidelines :

•

Every street has its distinct character by its economic and

cultural value, it should be reflected by its design guidelines

like:

•

Some of the buildings with the distinct architecture style

should be preserved as it is with some modification in colour

and design if required.

•

Colour and design elements on building facade along with

signage colours should be inspired by local heritage building

in vicinity which will provide the street its legibility.

•

Design and colour of all the street and urban elements like

railing, street light poles, urban signage, benches, etc. should

be inspired from local heritage.

•

Building colour and paving on the road should respond to

each other.

CHAPTER 6

SPACE REQUIREMENT FOR DIFFERENT

PARTS OF BUILDING

6.1

Main Building :

The plinth of any part of a building or house shall be located

with respect to average road level of site so that adequate

drainage of the site is assured but not at a height less than

45 cm.—

(a)

Habitable rooms shall have minimum plinth height of

0.45 m from the ground level.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 109

(b)

Parking garage may have no plinth.

(c)

The ground floor of a building may be permitted on

stills/pillars instead of a solid plinth with a height of 2.4 m.

In case of slabs with beams height should not exceed

2.8 m. and further that this space shall at all the time

be kept free from any enclosure except for genuine

stair-case :

Provided further that an electric m room, room for

telephone D.B. bath-room, watch room, stair case room,

pump room, water closet, servant room, security cabin

may be permitted subject to maximum built up area of

15 Sq. m. allowed with a minimum plinth height of 30 cm

and this area shall not be considered towards computation

of FAR.

6.2

Interior courtyards, covered parking spaces and garages :

These shall be raised at least 15 cm above the surrounding ground

level and shall satisfactorily drained.

6.3

Habitable room size and width :

The minimum size and width shall be as given NBC-2016.

6.4

Non –residential Buildings :

The minimum area for office/room/shop or any other space to be

used as workspace shall not be less than 6.0 sq. m. with a

minimum width of 2.1 m.

6.5

Kitchen :

Any room to be used as kitchen shall have :

(a)

Unless separately provided in pantry, means for washing

of kitchen utensils, which shall lead directly or through

a sink to a grated and trapped -connection to the waste

pipe ;

(b)

An impermeable floor ;

110

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

(c)

At least a window not less than 1 Sq.m in area open

directly to an interior or exterior open space, but not into a

shaft ; and

(d)

In residential building 15 m. or more in height refuse

chutes.

6.6

Bathroom and W.C. :

Every bathroom or water closet shall—

(a)

Be so situated that at least one of its walls open to external

air and shall have a minimum opening in the form of

window or ventilation to the extent of 0.37 sq. m.

(b)

Not to be directly over any room other than another

latrine, washing place, bath or terrace unless it has a

watertight floor.

(c)

Have the platform or seat made of watertight non-

absorbent material.

(d)

Be enclosed by walls or partitions and the surface of every

such wall partition shall be finished with a smooth

impervious material to a height of not less than 1.0 m.

above the floor of such a room.

(e)

Be provided with an impervious floor covering, sloping

towards the drain with a suitable grade and not towards

Verandah or any other place.

(f)

Have a window or ventilator, opening to a shaft or open

space, of area not less than 0.3 Sq. m. with side not less

than 0.3 m.

(g)

No room containing water closets shall be used for any

purpose except as a lavatory.

(h)

Every water closed and/or a set of urinals shall have

flushing cistern of adequate capacity attached to it.

(i)

A toilet on terrace having a maximum of 2.2 m height

shall be permitted to condition that the area of toilet be

counted in FAR.

(j)

All the sewerage outlets shall be connected to the

Municipal Sewerage system. Where no such system exists,

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 111

a septic tank shall be provided within the plot conforming

to the requirements.

6.7

Mezzanine floor

6.7.1 Height :

It shall have a minimum height of 2.2 M.

6.7.2 Size :

The minimum size of the mezzanine floor if it is to be used as a

living room shall not be less than 9.5 sq. m. The aggregate area of

such mezzanine floor in a building shall in no case exceed one-

third the plinth area of the building.

6.7.3 Other Requirements :

A mezzanine floor may be permitted over a room or a

compartment, provided,—

(a)

it conforms to the standard of living rooms as regards

lighting and ventilation in case the size of mezzanine floor

is 9.5 sq. m. or more;

(b)

It is so constructed as not to interfere under any circumst-

ances with the ventilation of the space over and under it;

(c)

Such mezzanine floor is not subdivided into smaller

compartments;

(d)

Such mezzanine floor or any part of it shall not be used as

a kitchen; and

(e)

In no case shall a mezzanine floor be closed so as to make

it liable to be converted into unventilated compartments.

6.8

Corner site :

When the site fronts on two streets, the frontage would be as on the

street having larger width. In cases, where the two streets are of

same width, then the larger depth of the site will decide the frontage

and open spaces. In such case the location of a garage (on a corner

plot) if provided within the open space shall be located diagonally

opposite the point of intersection.

112

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

6.9

Damp site :

Wherever the dampness of a site or the nature of the soil renders

such precautions necessary, the ground surface of the site between

the walls of any building erected thereon shall be rendered damp

proof to the satisfaction of the authority.

6.10 Distance from electric line :

An overhead line shall not cross an existing building as far as

possible and no building shall be constructed under an existing

overhead line. No accessible point from any Verandah, balcony, or

the like shall be allowed to be erected or re-erected or any

additions or alterations made to a building not having the following

minimum clearances from an overhead electric supply line, in

accordance with the current Central Electricity Authority

(Measures

Relating

to

Safety

and

Electric

Supply)

Regulations, 2010 as amended from time to time :

(a)

Clearance of buildings from lines of voltages and service

lines not exceeding 650V :

(i)

An overhead line shall not cross over an existing

building as far as possible and no building shall be

constructed under an existing overhead line.

(ii) Where an overhead line of voltage not exceeding 650 V

passes above or adjacent to or terminates on any

building, the following minimum clearances from any

accessible point, on the basis of maximum sag, shall be

observed.

(iii) For any Flat Roof, Open Balcony, Verandah roof and

Lean-to-roof :

•

Where the line passes above the building, a vertical

clearance of 2.5 m from the highest point, and

•

When the line passes adjacent to the building, a

horizontal clearance of 1.2 m from the nearest point,

and

(iv) For pitched roof :

•

Where the line passes above the building, a vertical

clearance of 2.5 m immediately under the line, and

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 113

•

When the line passes adjacent to the building, a

horizontal clearance of 1.2 m.

(v) The horizontal clearance shall be measured when the

line is at a maximum deflection from the vertical due to

wind pressure.

(vi) Any conductor so situated as to have a clearance less

than that specified above shall be adequately insulated

and shall be attached at suitable intervals to a bare

earthed bearer wire having a breaking strength of not

less than 350 kg.

(b)

Clearances front buildings of lines of voltages exceeding

650 V :

(i)

An overhead line shall not cross over an existing

building as far as possible and no building shall be

constructed under an existing overhead line.

(ii) Where an over head line of voltage exceeding 650 V

passes above or adjacent to any building or part of a

building, it shall have on the basis of maximum saga

vertical clearance above the highest part of the building

immediately under such line, of not less than:

For

lines

of

voltages

exceeding 650V

3.7 m up to and including 33 KV; and

For

lines

of

voltages

exceeding 33 KV

3.7 m plus 0.30 m for every additional

33 KV or part thereof.

(iii) The horizontal clearance between the nearest conductor

and any part of such building shall, on the basis of

maximum deflection due to wind pressure, be not less

than:

For lines of Voltages exceeding 650 V

and up to and including 11 k

1.2 m

For lines of voltages exceeding 11 KV

and up to and including 33 KV.

2.0 m

For lines of voltages exceeding 33 KV

2.0 m plus 0.30 m for

every additional 33 KV

or part thereof.

114

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

(iv) For high voltage direct current (FTVDC) systems,

vertical clearance and horizontal clearance, on the basis

of maximum deflection due to wind pressure, from

building shall be maintained as below:—

Table 6-1: Vertical and Horizontal Clearence for High Voltage

Direct Current

S. No.

D.C

Voltage

Vertical

Clearance

Horizontal Clearance

1

100

4.6

2.9

2

200

5.8

4.1

3

300

7

5.3

4

400

7

6.2

5

500

9.1

7.4

6

600

10.3

8.6

7

800

12.4

10.7

Source:—NBC 2016

6.11

Loft and Ledge

6.11.1 Height :

The minimum headroom for loft and ledge shall be 2.2 m.

6.11.2 Size :

A loft and ledge in a habitable room shall not cover more than 25

per cent of the area of the floor on which it is constructed and

shall not interfere with the ventilation of the room under any

circumstances.

6.12 Chimneys:

The chimneys shall be built at least 0.9 m above flat roofs,

provided the top of the chimneys is not below the top of the

adjacent parapet wall. In the case of sloping roofs, the chimney

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 115

tops hall not be less than 0.6 m above the ridge of the roof in

which the chimney penetrates.

6.13 Parapet :

Parapet walls and hand rails provided on the edges of roof

Terraces, Balcony, Verandah etc. shall not be less than 1.0 m

and not more than 1.2 m in height from the finished floor level.

Note:—

(a)

The above shall not apply where roof terrace is not

accessible by a staircase.

(b)

However, on terrace floor in the portion where

installations like DG Set, Water Tank and other, screening

parapet of a suitable height may be constructed to hide

such equipments etc. and there is no need to have uniform

increase in the height of the parapet.

6.14 Cabin :

The size of cabins shall not be less than 3.0 Sq. m. with a

minimum width of 1.0 m. The clear passages within the divided

space of any floor shall not be less than 0. 75 m and the distance

from the farthest space in a cabin to any exit shall not be more

than 18.5 m. In case the subdivided cabin does not derive direct

lighting and ventilation from any open spaces/mechanical means.

The maximum height of the cabin shall be 2.2m.

6.15 Boundary Wall :

The requirements of the boundary Wall are given below:—

(a)

Except with the special permission of the Authority. The

maximum height of the compound wall shall be 1.75 m

above the centre line of the front street. Compound wall up

to 2.5 m height may be permitted if the top 0.75 m is of

open type construction of a design to be approved by the

Authority.

(b)

In the case of a comer plot, the height of the boundary wall

shall be restricted to 0.75 m for a length of 10 m on the

front and side of the intersections and the balance height

of 0. 75 m, if required in accordance with (a) may be made

116

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

up of open type construction (through railings) and of

design to be approved by the Authority.

(c)

However, the provisions of (a) and (b) are not applicable

to boundary walls of jails. In industrial buildings, electric

substations, transformer stations, institutional buildings

like

sanitoria,

hospitals,

industrial

buildings

like

workshops, factories and educational buildings like

schools, colleges, including hostels, and other uses of

public utility undertakings and strategically sensitive

buildings a height up to 2.4 m. may be permitted by the

Authority.

6.16 Wells :

Wells, intended to supply water for human consumption or

domestic purposes, where provided.

6.7.1

Location :

The well shall be located,—

(a)

Not less than 15 m from any ash pit, refuse pit, earth closet

or privy and shall be located on a site upwards from the

earth closet or privy;

(b)

Not less than 18 m from any cesspit soak away or bore

hole latrine and shall be located on a site upwards from the

earth closet or privy ;

(c)

Such that contamination by the movement of sub-soil or

other water is unlikely ; and

(d)

Not under a tree or otherwise it should have a canopy over

it, so that leaves and twigs may not fall into the well and

rot.

6.7.2

Requirements :

The well shall—

(a)

Have a minimum internal diameter of not less than 1m; be

constructed to a height not less than 1 m. above the

surrounding ground level, to form a parapet or kerb and to

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 117

prevent surface water from flowing in to a well, and shall

be surrounded with a paving constructed of impervious

material which shall extend for a distance of not less than

1.8 m in every direction from the parapet from the kerb

forming the well head and the upper surface of such a

paving shall be sloped away from the well ;

(b)

Be of sound and permanent construction (Pucca)

throughout. Temporary or exposed (Kutcha) wells shall

be permitted only in fields or gardens for purposes of

irrigation ; and

(c)

have the interior surface of the lining or walls of the well

be render dim pervious for a depth of not less than 1.8m

measured from the level of the ground immediately

adjoining the well-head.

6.17 Office-Cum-Letter Box Room :

In the case of multi-storeyed multifamily dwelling apartments

constructed by existing and proposed Cooperative Housing

Societies or Apartment Owners Associations, limited companies

and proposed societies, an office-cum-letter box room of

dimension 3.6 m X 3 m shall be provided on the ground floor. In

case the number of flats is more than 20, the maximum size of

the office-cum-letter box room shall be 20 sq. m.

6.18 Meter Rooms :

For all buildings above 15 m in height and in special

occupancies, like educational assembly, institutional, Industrial

storage hazardous and mixed occupancies with any of the

aforesaid occupancies having area more than 500 sq. m on each

floor, provision shall be made for an independent and ventilated

m (service) room, as per requirements of electric (service) supply

undertakings on the ground floor with direct access from outside

for the purpose of termination of electric supply from the

licensee's service and alternative supply cables. The doors

provided for the service room shall have fire resistance of not

less than two hours.

118

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

6.19 Stairway :

Stairway shall conform to the following provisions in addition to

items (a) to (g) below. In addition, in order to satisfy fire-

fighting requirements any stairway identified as an exit stairway

shall confirm to the requirement in fire protection regulations

provided in these regulations:—

(a) Width: The minimum width of a staircase other than a fire

escape shall be as given in Table hereunder:—

Table 6—2: The minimum width of a staircase (m)

S.

No.

Type of occupant

Minimum width of staircase/

Stairway/Corridors in m

1.

Residential building

Low rise

Hotels and High rise

1.2

1.5

2.

Education building

Up to 24 m. High

Over 24 m. High

1.5

2.0

3.

Institutional

buildings

(i.e.

Hospital)

Up to 10 beds

Over to beds

1.5

2.0

4.

Assembly buildings

2.0

5.

Mercantile, business, Industrial

Storage, Hazardous Buildings

Low rise

High rise

1.5

2.0

(b)

Flight : No flight shall contain more than 12 rises but in

residential buildings in narrow plots and in high density

Housing a single flight staircase may be permitted.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 119

(c)

Risers : The maximum height of a riser shall be 19 cm in

residential buildings and 16 cm in any other occupancy.

However, in an internal stairway within a dwelling area, a

riser may be 25 cm high.

(d)

Treads : The minimum width of the tread without nosing

shall be 25 cm for staircase of a residential building, other

than fire escapes. In other occupancies the minimum width

of the tread, shall be 36 cm. It shall have a non-slippery

finish and shall be maintained in that fashion.

(e)

Head room : The minimum head room in passage under

the landing of a staircase, shall be 2.2 M.

(f)

Floor indicator : The number of each floor shall be

conspicuously painted in figures at least 15 cm in large on

the wall facing the flight of a stairway or at such suitable

place is distinctly visible from the flights.

(g)

Handrail : Handrail of a minimum height of 0.9 m from

the centre of the tread shall be provided.

(h)

Exit Requirements: All aspects of exit requirements for

corridors, doors, stair cases, ramps, etc in respect of

widths, travel distance shall be as per Part 4 ‘Fire and Life

Safety’ of NBC-2016.

6.20 Roofs :

(a)

In the areas receiving snowfall, the roof should be sloping

and the slope shall be dictated by the amount of snowfall.

(b)

The roof of a building shall be so designed and constructed

as to effectively drain water by means of sufficient rain

water pipes of adequate size, wherever required, so

arranged, jointed and fixed as to ensure that the rain water

is carried away from the building without causing

dampness in any part of the walls, roof or foundations of

the building or an adjacent building.

120

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

(c)

The Authority may require rainwater pipes to be connected

to a drain or sewer to a covered channel formed beneath

the public footpath to connect the rain-water pipe to the

road gutter or in any other approved manner.

(d)

Rain-water pipes shall be affixed to the outside of the

external walls of the building or in recesses or chases cut

or formed in such external walls or in such other manner

as may be approved by the Authority.

(e)

It is desirable to conserve rainwater using suitable

rainwater harvesting techniques including by roof water

collection. In this context, reference shall be made to

Part 9 'Plumbing Services (including Solid Waste

Management), Section 2-Drainage and Sanitation’ of the

NBC 2016.

6.21 Ramps :

(a)

Ramps for pedestrians :

(i) General : The provisions applicable to stairway shall

generally apply to ramps. A ramp in a hospital shall

not be less than 2.4 m wide for stretcher and not for

vehicular movement in addition to satisfying the fire-

fighting requirements.

(ii) Slope : A ramp shall have slope of (not more than

1:10). It shall be of non-slippery material.

(iii) Handrail : A handrail shall be provided on both the

sides of the ramp.

(b) Ramps for handicapped people: The provision of the ramp

with handrails for every public building is compulsory for

handicapped people as per the National Building Code, 2016.

(c) The ramp to basement and parking floors shall not be less

than 7.2m wide for two-way traffic and 4m wide for one-

way traffic, provided with Gradient of 1:10 for L.M.V.

(d) Ramp may also be provided in side setbacks only to basement

and not for upper floors which can be sloped considering

unhindered movement for fire engine of minimum 6m wide

and in no case the gradient shall be less than 1:10.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 121

(e) All structural design/safety aspects as per latest BIS Codes

and NBC, 2016 shall be complied along with consideration of

weight of Fire Engine and its manoeuvrings.

(f) Handrails shall be provided on both sides of the ramp.

(g) Ramps shall lead directly to outside open space at ground

level or courtyards or safe place.

6.22 Stairs, Lifts, Lobbies and Corridor :

The width of lobbies or corridors in building shall be as under :

(a)

In case of residential and non-residential building except

individual detached building minimum clear width of

corridor shall be as under:—

Table 6—3: Width of corridor as per length of the corridor (m)

Length of Corridor

in M

Width of Corridor in M

Residential

Non-Residential

Up to 6

1.0

1.2

Up to 9

1.2

1.5

Up to 15

1.2

2.0

Above 15

1.5

2.5

Notes :—

(i)

For every additional 9.00 m. length or part there

of the width of the corridor shall be increased by

0.30 m up to a maximum of 3.00 m.

(ii)

In case of starred hotels, the width of the corridor

shall be as per the authorized standards of the

starred hotels.

(iii) Whereas in case of residential dwelling unit

occupied by single family and constructed up to

three floors width of the stairs shall not be less than

1.0 m.

(b)

In case of all non-residential and high-rise residential

building the clear width of stair landing exclusive of

parapet shall not be less than1.5 m.

122

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

(c)

Minimum stair width for more than 6 tenements on each

floor shall be 1.5 m.

(d)

The stair-case and lifts (elevators) shall be so located that

it shall be within accessible distance of not more than

25 m from any entrance of tenement or an office provided

on each floor.

(e)

The number and type of lifts to be provided in different

buildings shall be as given in Appendix ‘F’ & ‘F-1’.

6.23 Swimming Pool :

(a)

“Definition :” A constructed pool or a tank indoor or

outside the building, used for the purpose of swimming,

bathing, aquatic sports or games, training, treatment

(Therapy) or recreation, meant exclusively for human

being, having a depth of water not less than that 60 cm.

and the surface area exceeding 23.25 Sq. m. both for the

use of public or the institution concerned.

(b)

“Capacity of Pools in Relation to Bathers:” The maximum

number of persons in bathing attire within the pool

enclosures of the bathing area shall not exceed one person

per 20 Sq. ft. (1.86 Sq. m.) of pool i. e. the area of the

water surface.

(c)

“Hand Rail :” A side handrail extending up above and

returning to the horizontal surface of the pool deck curb or

coping shall be provided at each side of each ladder.

(d)

“Depth Markers :” Depth of water shall be clearly marked

at or above the water surface on the vertical pool wall and

on the edge of the deck or walk-way next to the pool, at

maximum points and at the points of break between the

deep and shallow portions and at intermediate increments

of depth, spaced at not more than 2.5// (7.62 cm) intervals.

Depth markers, contrasting with background shall be on

both sides of the pool.

(e)

“Lighting and Wiring :” Where submarine lighting is used,

not less than 0.5 watts shall be employed per Sq. ft. of

pool area.

(f)

“Area Lightning :” Where submarine lighting is employed,

area lighting shall be provided for the deck areas and

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 123

directed towards the deck areas and away from the pool

surface so far as practicable, in a total capacity of not less

than 0.6 watt per sq. ft. of deck area.

(g)

Where submarine lighting is not provided and night

swimming is not permitted combined pool lightning shall

be provided in an amount of not less than 2 watts per sq.

ft. of total area. All submarine lightning shall be

individually earthed and must be watertight and damp

proof.

(h)

“Over Head Wiring :” No electrical wiring for electrical or

power shall be permitted to pass over within 20 feet of the

pool enclosure.

(i)

“Shallow Minimum Depth” : Every swimming pool shall

have a minimum depth in the shallow area of the main

swimming area of not less than 0.9 m (3 feet), but not

more than 1.07m (3/-6//) from the overflow level to the

floor.

(j)

“Shallow Areas :” In a swimming pool with a diving area,

the shallow area of the pool shall be defined as the portion

between the shallow end and the break point between the

shallow area and the diving area. The slope of the floor

shall be uniform from the break point between the diving

area and the shallow portion to the outside edge of the

shallow portion and shall not be greater than 1 in 2 m.

(k)

“Vertical Wall Depth :” The pool walls shall be vertical at

all points for a depth of not less than 2 ft. 6// (0. 76 m)

6.24 Provision of exterior open spaces and height limitation around

the building :

(a)

The open spaces/setbacks covered area, FAR shall be as

per Master Plan/Zonal Plan/building Bye-laws Chapter V.

(b)

Every room that is intended for human habitation shall

abut on an interior or exterior open space or on to a

Verandah open to such interior or exterior open space.

124

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

(c)

In case of High rise, the exterior open spaces around a

building as in Building Bye-Laws shall be of green or hard

surface capable of taking load of fire engine weighing up

to 45 tonnes.

(d)

In case, kitchen and toilets not abutting either interior or

exterior open spaces, mechanical ventilation shall be

accepted.

(e)

Up to 25% of the total setback area can be sunk for light,

ventilation and access to basement, provided fire tender

movement is not hindered.

6.25

Pollution Control

6.25.1

Air Pollution :

All building shall conform to provisions of Environment Act

and Rules.

6.25.2

Water Pollution :

All building shall conform to provisions of water (Prevention

and Control of Pollution) Act, 1974.

6.25.3

Noise Pollution :

All buildings shall maintain ambient air quality standards in

respect of noise, as prescribed in the Noise pollution (Regulation

and control) Rules, 2000.

CHAPTER 7

SPECIAL REQUIREMENTS FOR OCCUPANCY, LAND

DEVELOPMENT AND OTHER INDUSTRIAL BUILDING

(FACTORIES, WORKSHOPS, ETC.)

7.1

Industrial Buildings (Factories, Workshops, etc.) :

(a)

The relevant provisions contained in the Factory Act, 1948

shall apply for construction of factory buildings. The

minimum height of workrooms shall not be less than 4.5 m

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 125

measured from the floor level to the lowest point in the

ceiling provided that this bye-law shall not apply to room

intended for storage, godowns and the like purposes but

only in rooms occupied by workers for purposes of

manufacture.

(b)

In case of small factories, employing less than 50 workers

for purposes of manufacturing and carrying on a class of

manufacturing covered under the flatted factories and

service industries, as driven in the Master Plan, the

Authority may allow minimum height up to 3.66 m.

(c)

Parking space provisions as provided in Master Plan/Zonal

Plan/Chapter V of these Bye-laws.

(d)

Requirements of water supply, drainage and sanitary

installation shall be as per Chapter-4 of Model Building

Bye-Laws, 2016, but in no case less than 1 W. C. and one

urinal shall be permitted.

(e)

Each working room shall be provided with adequate

number of exits not less than two in number.

(f)

No exit shall be less than 1.2 m in width and 2.1 m in

height and doors of such exit shall be so arranged that it

can be opened easily from inside.

(g)

No staircase, lobby corridors or passage shall be less than

1.2 m. in width.

(h)

In addition to the requirement in this part, provisions in

Chapter-5 and 6 shall be followed.

(i)

There shall be provided at all time for each person

employed in any room of factory at least 3.5 Sq. m. of

floor space exclusive to that occupied by the machinery

and a breathing space of at least 15 Cum (further the

provision of Part VIII section 1 lighting and ventilation of

NBC, 2016 shall be followed).

126

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

(j)

The effluent from industries (industrial and biological in

nature) shall be treated and shall be of quality to

satisfaction of the concerned local bodies before letting

out the same into a watercourse or municipal drain.

7.2

Educational Building (School/Colleges) :

All educational buildings shall be dealt as per University Grant

Commission norms and provision of National Building Code,

2016 and the Jammu and Kashmir School Education Rules, 2010

(SRO-123 dated 18.03.2010, Education Department) or the latest

version of these rules.

7.3

Assembly Building (cinema, theatres, etc.) :

The relevant provisions of the Cinematographic Act and Rules of

Jammu and Kashmir and IS:4878 Code for construction of

cinema building shall apply for planning, design and

construction of cinema building—

(a)

Parking spaces wherever not specifically given shall

conform to NBC, 2016/URDPFI Guidelines, 2014.

(b)

Requirements of water supply, drainage and sanitation

shall conform to provisions of NBC, 2016.

(c)

Buildings for religious worship shall not be erected on a

site, which has not been approved by the Authority.

7.4

Petrol Filling Station :

The location of the petrol filling stations and its layout shall be

approved

by

the

Authority

in

consultation

with

the

Commissioner of the Division depending upon width of roads

and traffic generated location with respect of points of

intersections and nearness to occupancies of educational,

assembly, storage and hazardous uses.

7.5

Burial and cremation grounds :

The Authority shall permit/prohibit burial and cremation grounds

to be located in certain area layouts, after scrutiny of the

proposal with respect to health and well-being surrounding

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 127

neighbourhood and shall follow the selection criteria given

below:—

The proposed development in terms of land use has to be

compatible with the ground :

(a)

Compatible Land use have to be planned with regards to

prevailing wind direction and beyond the prescribed buffer

zone. The likely direction of drift in the event of odour has

to be accounted while planning the layout ;

(b)

Adequate land area is to be provided to house furnaces,

and for internment of cremated remains ;

(c)

The site has to have proper accessibility by the local road

network.

7.5.1

Buffer Zones :

The location of such cremation grounds has to provide for buffer

zones from the surrounding land use to account for

environmental impact of the operation:—

(a)

A buffer zone of the order of 200 m (depending on the

nature of prevailing winds and the natural topography of

the site) between the emission stack and neighbouring

residential zone shall be considered.

(b)

In any case any buffer zone shall not be less than 100 m.

7.6

Building in mining area :

Building in mining area shall not be constructed to a height more

than one storey without the special prior approval of the

Authority.

7.7

Poultry farms (wherever allowed as per the Master Plan)

7.7.1

The coverage for poultry farms shall be as allowed in case of

farmhouses :

7.7.2

Setbacks: As per Chapter 5 under relevant use and category.

7.7.3

Space Planning :

There should be a minimum distance of 6.0 m between sheds in

the farm.

(a)

The minimum distance of any farm building from the

property line should be 4.5 m.

128

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

(b)

The minimum distance of any farm shed or farm building

from the dwelling unit should be 7.5 m.

7.7.4

Farm Shed :

Shed should be constructed on pillars with walls on two longer

sides not higher than 1.2 m :

(a)

The remaining height of the farm sheds in respect of two

longer sidewalls can be covered with netting or other

similar material.

(b)

The maximum height of the roof of the farm shed shall not

exceed 6.0 m.

7.7.5

Dwelling Units as a Farmhouse :

The following norms shall be adopted for construction of

dwellings in farmhouses:—

(a)

The distance of parts of dwelling units from shed shall be

as in Building Bye-laws, 7.7.3

(b)

The requirements of parts of dwelling shall be as in

Chapter 6.

(c)

Any other special requirements as specified by the

Authority.

7.8

Special buildings not covered :

In case of special buildings not covered above, norms as decided

by the Authority will be followed.

7.9

Provisions in the public buildings for Differently Abled,

Elderly Persons and Children :

The building to be designed for Differently Abled, Elderly

Persons and Children need special treatment and the provisions

for site planning, building requirements etc.

7.10 Defence:

Construction of any type of Govt. and private buildings near

defence land/premises shall be governed as per guidelines of

Govt. of India, Ministry of Defence.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 129

7.11 Railway :

Construction of any type of Govt. and private buildings near

railway land shall be governed as per guidelines of Govt. of

India, Ministry of Railways (Railway Board).

7.12 Distance from water course :

(a)

The building activity in the areas vulnerable to floods/flash

floods shall be regulated under the provision of Irrigation

and Flood Control Department or the flood zonation maps

notified by the department from time to time.

(b)

No development, whether by filling or otherwise, shall be

carried out from the edge of the bank of rivers, within

following specified buffer or as per building regulation

whichever is more:—

Recommendations

Applicability

(a) Recommended safe distance

(Buffer) from Listed Major

Watercourse shall be 50m

from

the

edge

of

such

watercourses or as specified

under the relevant regulatory

Act or the relevant Master

Plan

Chenab, Jhelum, Tawi, Ravi,

Sutlej and Ujh or any other

river/khad.

(b) Recommended safe distance

(Buffer) from Listed Minor

Watercourse shall be 30ms

from the edge of such water

courses or as specified under

the relevant regulatory act or

as given in the Master Plan of

the local Area

Mansar,

Surinsar,

Wular,

Nageen, Manasbal and other

lakes.

(c) Recommended safe distance

(Buffer)

from

Unlisted

rivulets,

tributaries,

minor

canals

and/or

Watercourse

Ranbir canal, Sindh canal and

other similar canals.

130

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

shall be 20 m from the edge

of such watercourses or as

specified under the relevant

regulatory act or as given in

the Master Plan of the local

Area

(c)

In case of talab, village tanks, lake, water bodies etc., the

distance from the water body shall be as may be

prescribed under any other general or specific orders of the

BPIA.

(d)

These restricted development zones and other water

courses, which pass through a land shall be developed and

maintained according to the discharge of water.

7.13 Rules for development of land :

(a)

The provisions of Master Plan and norms formulated by

Authority shall apply regarding sub-division of a large

parcel of land into plots, open areas, roads, spaces for

services and community facilities.

(b)

Regulations for Low Income Housing. The norms

specified for Low-income housing shall be as per the

Jammu and Kashmir Housing, Affordable Housing, Slum

Redevelopment and Rehabilitation and Townships Policy,

2020.

7.14 Penal action for violation of Master Plan/Zonal plan

regulation/bye-laws :

(a)

The Authority under the provisions of their respective

Acts shall take action for violation of Master Plan/Zonal

Plan/regulations. The Authority may take penal action

under respective Acts, which may include stopping of

construction activity, demolition/alteration and levying of

penalties as given in (Appendix “D” Penal action for

violation of provisions of Master Plan, Zonal Plans and

Building Bye-Laws).

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 131

(b)

In addition, action for discontinuance of services in

building may also be taken.

7.15 Heritage :

Development/Construction/Mining around all ASI protected

monuments shall be governed by National Monuments and

Archaeological sites and remains Act/Rules (GoI), Jammu and

Kashmir Ancient Monuments Preservation (Amendment) Act,

2010 and Jammu and Kashmir Heritage (Conservation and

Preservation) Act, 2010.

7.16 Forest :

All building activity shall conform to provisions of J&K

Forest, Wildlife and Bio-Diversity Act.

7.17 Sports Infrastructure :

All Provisions related to sports infrastructure shall be dealt as

per the Guidelines/Specifications of Sports Authority of India

(SAI), URDPFI Guidelines, 2014 and NBC, 2016 or its latest

version.

CHAPTER 8

ELECTRIC VEHICLE CHARGING INFRASTRUCTURE (EVCI)

8.1

Electric Vehicle Charging Infrastructure (EVCI) :

Based on the occupancy pattern and the total parking provisions

in the premises of the various building types, charging

infrastructures shall be provided only for EVs, which is

currently assumed to be 20% of all ‘vehicle holding capacity’/

‘parking capacity’ at the premise. Additionally, the building

premise will have to have an additional power load, equivalent

to the power required for all charging points in a Public

Charging Station (PCS) to be operated simultaneously, with a

safety factor of 1.25.

132

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

8.2

Residential Buildings (plotted house)

Table 8.1:—Charging Infrastructure requirements for individual

house/self-use

Building Type

Plotted House

Ownership of Station

Private (Owner)

Connection and Ming

Domestic m

Type of Charger

Slow chargers as per owner’s specific

requirements

Modes of Charging

AC (Single charging gun)

Norms of Provisions

Min. 1 SC and additional provisions as

per the owner individual.

Note:—The charging infrastructure installed by a home owner

shall be construed as a Private Cl meant for self-use

(non-commercial basis).

8.2.1

All other buildings (including Group Housing) :

Any PCS installed at Public, Private areas or building premises

of any category that caters to commercial mode of charging of

EVs shall be deemed as a Public Charging Station and shall have

to install the minimum requirements of chargers as specified in

the Guidelines dated 14.12.2018 of Ministry of Power. However,

in order to provide sufficient charging points for the EV share in

all vehicles, ratio of types of chargers is recommended in the

table below:—

Table 8.2:—Charging Infrastructure requirements for PCS

(Commercial use)

Building Type

Any Building Type

1

2

Ownership of

Station

Service Provider

Connection and

Ming

Commercial Ming and Payment

Type of

Charger

As per min. requirements specified in MoP

Guidelines

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 133

1

2

Additional

Chargers

PCS service providers shall install additional number

of kiosk/chargers beyond the minimum specified

requirements to meet the ratio of charging points as

prescribed below (by the type of vehicles).

Norms of

Provisions for

charging points

4Ws

1 SC-each

3 EVs

1 FC-each

10 EVs

3Ws

1 SC-each 2

EVs

2Ws

1 SC-each

2 EVs

PV (Buses)

1 FC-each

10 EVs

Notes:—

• Charging bays shall be planned currently at 20% capacity

of all vehicles including 2Ws and PVs (cars)

• Opening and on-spot payment options to be available for

all users.

• Provision of FCB CS and BS shall not be mandatory and

will be at the discretion of the service provider.

8.2.2

Rationale for EVCI establishment :

(a) Rapid urbanization coupled with adoption of mechanized

transportation modes has resulted in high emissions of

Green House Gases that goes on to impact Global

warming. Unless, the global surface temperature rise is

restricted to no more than 2oC compared with pre-

industrial levels, the IPCC has warned that the world will

see irreversible catastrophic climate change.

(b) India being a signatory to the UNFCCC, has pledged for

efforts to assess the Greenhouse Gas Emissions (GHG) of

anthropogenic origin and removal by sinks. India’s per

capita emissions are still considered low at 1.9 tonnes

(2013), but its total emissions are next only to China and the

US and is likely to overtake those of the EU by 2019.

(c) While comparing the Indian cities for their emission scores,

Delhi is on top as the biggest emitter at over 38.38 million

tonnes of carbon dioxide equivalent overall emissions,

followed by Greater Mumbai at 22.7 million tonnes and

134

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

Chennai at 22.1 million tonnes, Kolkata at 14.8 million

tonnes, Bangalore at 19.8 million tonnes, Hyderabad at

13.7 million tonnes and Ahmedabad at 9 million tonnes

were the other cities whose emissions for the year were

calculated sector-wise.

(d) As per the statistics of Transport Department (GNCTD),

total number of vehicles in Delhi is more than the

combined total vehicles in Mumbai, Chennai and Kolkata.

Delhi has 85 private cars per 1000 population against the

national average of 8 cars per 1000 population. In terms of

Co2 emissions due to motor vehicles, Delhi emits about

12.4 million tonnes while the city of Bengaluru emits about

8.6 million tonnes.

(e) Therefore, addressing the quantum of emissions from the

“Transport” and “Domestic” sector emerges to be the high

priority subjects under the overarching umbrella of

“Climate change mitigation” as committed to the UNFCC.

(f)

Encouraging “Electric Vehicles” as a viable option for

phased transportation in terms of short and long-distance

trips with appropriate “Charging Infrastructure” is therefore,

the pre-condition for this paradigm shift I phased migration

to sustainable transportation.

(g) For these changes are required in infrastructure provisions

(at Regional and City levels) and in Development Control

Regulations (in terms of provisions therein) to include the

formulations of norms and standards for “Charging

Infrastructure” in the said Master Plan Regulations and

UT/State Building Regulations for adoption across the

country suiting local conditions.

8.3

EV Charging Technology

8.3.1

Electric Vehicle Supply Equipment (EVSE) :

An EVSE is a wall mounted box that supplies electric energy for

recharging of electric vehicle batteries. Also, EVSEs have a

safety lock-out feature that does not allow current to flow from

the device until the plug is physically inserted into the car.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 135

EVSEs can be customized with added features like—

•

Authentication.

•

Integrated payment gateways.

•

Software for remote monitoring.

As electric vehicle charging technology continues to advance,

several standards and guidelines have become widely accepted

across the industry. Chapter 8 gives a brief overview of charging

infrastructure technology, standards, and terminology.

8.3.2

Different types of EVSE :

(a) Charging speeds : Charging power, which determines the

time required to charge a vehicle, can vary by orders of

magnitude across charge points, as shown in Table 8.3. A

small household outlet may charge as slowly as 1.2 KW,

while the most advanced rapid charging stations can charge

at up to 350 KW. Charging infrastructure is broadly broken

into three categories based on speed: Level 1, Level 2, and

direct current (DC) fast charging (sometimes referred to as

Level 3).

(Source: “Emerging Best Practices for Electric Vehicle

Charging Infrastructure”, Oct., 2017)

(b) Private Charging : Charging batteries of privately-owned

cars through domestic charging points. Billing is mostly

part of home domestic metering.

(c) AC “Slow” Charging : The home private chargers are

generally used with 230Vl15A single phase plug which can

deliver a maximum of up to about 2.5KW of power. The

EVSE supplies AC current to the vehicle's on-board

charger which in turn converts the AC power to DC

allowing the battery to be charged.

(d) Public Charging : For charging outside the home premises,

electric power needs to be billed and payment needs to be

collected. The power drawn by these chargers may need to

be managed from time to time.

(e) DC “Fast” Charging : DC current is sent to the electric

car’s battery directly via the charge port. FC chargers

(usually 50 KW or more) can supply 100 or more

kilometres of range per hour of charging. The fast chargers

would generally be used as a top-up, rather than fully

136

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

charging vehicles. These are important for cab companies

and corporate users who have a fleet of electric cars.

8.4

Options for EV Charging :

(a) There is an urgent need to offer flexible charging

infrastructure for different vehicle segments to drive

adoption of EVs. Charging infrastructure is the most crucial

enabler in the entire EV value chain. The exploration of

different charging models according to the local conditions

shall enable faster deployment of electric vehicles in the

country.

(b) EV share in all vehicles : It has been broadly projected that

by the current rate of adoption of EVs, about 15% of all

vehicles in the country would be EVs by the year-2020.

Therefore, while assuming percentage composition of all

proposed capacities in Public facilities of vehicle holding

capacity, the Metropolitan and 'Tier I' cities will be assumed

d to have a higher percentage share of EVs, say 20% for

now. The charging infrastructure prescriptions in all urban

development guidelines shall, therefore, be in consonance

with the said percentage.

(c) Power Load sanction to premises : While adding these

Charging Infrastructures to the proposed set of building

types of the Indian cities, enhanced Power Load shall have

to be had for each such building type by the Power

DISCOMs, commensurate to the total additional power

requirement of simultaneous operation of all the prescribed

charging points in the premise. With further advancement

of charging technologies and the enhanced capacity of

chargers to draw more power, it is advised that the load

capacity assigned to each premise should be kept with a

safety factor of 1.25 with a long-term vision of 30 years.

Table 8.3:—EVs charging “modes” and ‘availability’

Vehicle type

Slow Charging Fast

Charging

Public CI

2 Wheelers

Y

N

Yes/Limited

3 Wheelers

Y

N

Yes/Limited

PVs (Cars)

Y

Y

Yes

PVs (Buses)

N

Y

Yes

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 137

Table 8.4:—Charging options for EV types (by ownership)

Vehicle type Private CI Public CS Predominant place of charging

2 Wheelers

SC/BS

SC

Point of residence/work

3 Wheelers

SC/BS

SC/BS

Residence/Parking stations

PVs (Cars)

SC/BS

FC

Residence/Point

of

work/other

public places

PVs (Buses)

_

FC/BS

Bus Terminals/Depots

Note:—

• The option of Battery Swapping (BS) for privately owned

2Ws and PV (Cars) is limited to Private CI.

• For 3 W as the BS is proposed to be made available in

PCS, for faster recharge experience only.

• For PV (Buses), Captive Fast charging infrastructure for

100% internal use for fleets maybe adopted by privately

owned Depots/Garages.

(d) Based on the above stated EV charging technologies

available and the current trend of evolving technologies of

faster charging experience, the Ministry of Power has

issued Guidelines and Standards for setting up Charging

Infrastructure for Electric Vehicles [Ministry of Power

(MoP) Guidelines dated 14.12.2018] for charging

infrastructure to be installed at every Public Charging

Station (PCS).'Connectivity regulations and Safety norms'

shall be defined by respective authorities such as Central

Electric Authority/MoP for grid access to such PCS/any

other charging station infrastructure.

8.5 Charger Specifications and PCS Infrastructure :

Any installed PCS shall have one or more electric kiosk boards

with installation of all charger models as prescribed in the

Guidelines and Standards notified by Ministry of Power, dated 14

December, 2018 for “Charging Infrastructure for EVs”, with other

necessary arrangements as deemed necessary.

138

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

Public Charging Station service providers shall be free to create

charging hubs and to install additional number of kiosk chargers in

addition to the minimum chargers prescribed vide the MoP

Guidelines, including options for installation of additional chargers,

if required.

Notes:—

• Minimum infrastructure requirements do not apply to

Private Charging Points meant for self-use of individual

EV owners (non-commercial basis).

• Captive charging infrastructure for 100% internal use for

a company's own fleet will not be required to install all

type of chargers and to have NSP tie ups.

8.6 Location of PCS/FCB CS in local area/building precincts :

In accordance with the Guidelines issued by the Ministry of Power

(MoP), following minimum standards with regard to density of l

distance between PCS in local level facilities in building premise l

urban precincts shall be followed as per provisions in the Model

BBL, 2016—

(a)

At the Local levels (within the urban area): Atleast

1Public Charging Station is to be available within a grid of

3Km x3Km.

(b)

At the Building premise levels (for various building

types):

•

Private charging infrastructure (non-commercial use)

for individuals.

•

For all commercial modes of charging EVs, at least

1PCS, as per minimum specifications laid under

MoP guidelines.

•

Standalone Battery Swapping Stations may be added

with the PCs.

8.6.1

Along Highways and intercity corridors :

(a) At every 25 Kms. on both sides of highways roads, at least

1 PCS is to be setup.

(b) At every 100 Kms. on both sides of highways/roads, at

least 1 Fast Charging/FCB Charging Station as per

specifications (May be coupled with PCS).

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 139

(c) Standalone Battery Swapping Stations may be added with

the PCS.

8.6.2

In Regional level Industrial SEZs I other Industrial Parks/

Estates:

Land for at least 1PCS is to be reserved within a grid of 10 Km x

10 Km of the designated industrial area/park/estates.

8.7

Guidelines and Standards for Charging Infrastructure of

Electric Vehicles:

Private charging at residences/offices shall be permitted.

DISCOMs may facilitate the same. Setting up of Public Charging

Stations (PCS) shall be a de-licensed activity and any

individual/entity is free to set up public charging stations,

provided that, such stations meet the technical as well as

performance standards and protocols laid down below as well as

any further norms/standards/specifications laid down by

Ministry of Power and Central Electricity Authority from time to

time:—

(a) Any person seeking to set up a Public Charging Station

may apply for connectivity and he shall be provided

connectivity on priority by the Distribution Company

licensee to supply power in the area.

(b) Any Charging Station/Chain of Charging Stations may also

obtain electricity from any generation company through

open access.

8.8

Public Charging Infrastructure (PCI)-Minimum Require-

ments

8.8.1

Every Public Charging Station (PCS) shall have the

following minimum infrastructure:

(a) An exclusive transformer with all related substation

equipment including safety appliance.

(b) 33/11 KV line/cables with associated equipment including

as needed for line termination/metering etc.

140

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

(c) Appropriate civil works.

(d) Adequate space for Charging and entry/exit of vehicles.

(e) Current international standards that are prevalent and used

by most vehicle manufacturers internationally are CCS and

CHAdeMO. Hence, Public Charging Stations shall have,

one or more electric kiosk/boards with installation of all the

charger models as follows :

(f)

The kiosk/board may have options for installation of

additional chargers, if required.

(g) The Public Charging Station Providers are free to create

Charging Hubs and to install additional number of

Kiosk/Chargers in addition to the minimum number of

chargers prescribed above.

(h) Tie up with at least one online Network Service Providers

(NSPs) to enable advance remote/online booking of

charging slots by EV owners. Such online information to

EV owners should also include information regarding

location, types and numbers of chargers installed/available

etc.

(i)

Share charging station data with appropriate DISCOM and

to maintain appropriate protocols as prescribed by such

DISCOM for this purpose. CEA shall have access to this

database.

(j)

Appropriate public amenities.

(k) Where, in addition to the above, fast charging facility is

also planned to be provided at the PCS by the PCI provider,

the following additional infrastructure must be provided:—

(i)

Appropriate Liquid Cooled cables if High Speed

Charging Facility for on board charging of Fluid

Cooled Batteries (FCBs) is also planned.

(ii)

Appropriate Climate Control Equipment for Fast

Charging of Batteries to be used for swapping (i.e.

not on board).

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 141

Table 8—1: Specification of Charger Type

Charger Type

Charger

Connectors

Rated Voltage

(V)

No. of Charging

point/No. of

Connector guns

Fast

CCS (min 50

KW)

200-1000

1/1 CG

CHAdeMO

(min 50 KW)

200-1000

1/1 CG

Type-2 AC (min

22 KW)

380-480

1/1 CG

Slow/Moderate

Bharat DC-001

(15 KW)

72-200

1/1 CG

Bharat DC-001

(11 KW)

230

3/3 CG of 3.3

KW each

*In addition, any other fast/slow/moderate charger as per approved

BIS standards whenever notified.

8.8.2

Every Public Charging Station (PCS) shall be operational only

after inspection and clearance as communicated by a suitable

clearance certificate, by the concerned electrical inspectors/

technical personnel designated specifically by the respective

DISCOM for this purpose. DISCOMs may also empanel one or

more third party authorized technical agencies for this purpose.

8.8.3

Electric Vehicle Service Equipment (EVSE) shall be type tested

by an appropriate reputed authority.

8.8.4

The above minimum infrastructure requirements do not apply to

Private Charging Points meant for self-use of individual EV

owners (non-commercial basis).

8.8.5

Captive charging infrastructure for 100% internal use for a

company’s own/leased fleet for its own use will not be required

to install all type of chargers and to have NSP tie ups.

8.8.6

Public Charging Station can also have the option to add Stand

alone battery swapping facilities in addition to the above

mandatory facilities, provided space/other conditions permit.

142

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

8.9

Public charging Infrastructure (PCI) for long distance EVs

and/or heavy duty EVs :

8.9.1

Public charging stations for long distance EVs and/or heavy

duty EVs (like trucks, Busses etc.) shall have the following

minimum requirements :

(a) At least two chargers of minimum 100 kW (with 200 -1000

V) each of different specification (CCS & CHAdeMO) and

with single connector gun each in addition to the minimum

charging infrastructure requirements as mandated for

Public Charging Stations.

(b) Appropriate Liquid Cooled Cables for high speed charging

facility for on-board charging of Fluid Cooled Batteries

(currently available in some long range EVs).

(c) In addition to 8.8.1 (i) and (ii) above, the Fast Charging

Stations (FCS) for Long Distance EVs and/or Heavy Duty

EVs may also have the option of swapping facilities for

batteries for meeting the charging requirements as per

para 8.7 and para 8.8 (i) and above. It is notable that Fluid

Cooled Batteries (FCBs) are generally necessary for Fast

Charging/Long Distance use of EVs and/or for Heavy Duty

Vehicles like buses/trucks etc. FCBs will have higher

charging rate and longer life.

8.9.2

Such Fast Charging Stations (FCS) which are meant only for

100% in house/captive utilization, for example buses of a

company, would be free to decide the charging specifications as

per requirement for its in-house company EVs.

8.10 Location of Public Charging Stations :

8.10.1 In case of Public Charging Stations, the following minimum

requirements are laid down with regard to density/distance

between two charging points :

(a)

At least one Charging Station should be available in a grid

of 3 Km X 3 Km. Further, one Charging Station be set up

at every 25 Km on both sides of highways/roads.

(b)

For long range EVs (like long range SUVs) and heavy

duty EVs like buses/trucks etc., there should be at least

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 143

one Fast Charging Station with Charging Infrastructure

Specifications as per para 8.8.l at every 100 Kms, one on

each side of the highways/road located preferably

within/alongside the stations. Within cities, such charging

facilities for heavy duty EVs shall be located within

Transport Nagars, bus depots. Moreover, swapping

facilities are also not mandatory within cities for

Buses/trucks.

8.10.2 Additional public charging stations shall be set up in any area

only after meeting the above requirements.

8.10.3 The above density/distance requirements shall be used by the

concerned state/UT Governments/their Agencies for the twin

purposes of arrangement of land in any manner for public

charging stations as well as for priority in installation of

distribution network including transformers/feeders etc. This

shall be done in all cases including where no central/state

subsidy is provided.

8.10.4 The appropriate Governments (Central/State/UTs) may also give

priority to existing retail outlets (ROs) of Oil Marketing

Companies (OMCs) for installation of Public EV Charging

Stations (in compliance with safety norms including ‘firewalls’

etc.) to meet the requirements as laid above. Further, within such

ROs, Company Owned and Company Operated (COCO) ROs

may be given higher preference.

8.10.5 Any deviation from above norms shall be admissible only after

specific approval of State Nodal Agency in consultation with the

Central Nodal Agency.

8.11

Database of Public EV Charging Stations :

Central Electricity Authority (CEA) shall create and maintain a

national online database of all the Public Charging Stations

through DISCOMs. Appropriate protocols shall be notified by

DISCOMs for this purpose which shall be mandatorily complied

by the PCS/BCS. This database shall have restricted access as

finalized between CEA and Ministry of Power.

144

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

8.12

Tariff for supply of electricity to EV Public Charging

Stations :

8.12.1 The tariff for supply of electricity to EV Public Charging Station

shall be determined by the appropriate commission, provided

however that the tariff shall not be more than the average cost of

supply plus 15 (fifteen) per cent.

8.12.2 The tariff applicable for domestic consumption shall be

applicable for domestic charging.

8.13

Service charges at PCS/BCS :

8.13.1 Charging of EVs is a service as already clarified by Ministry of

Power vide letter No. 23/08/2018-R&R dated 13.04.2018.

8.13.2 The State Nodal Agency shall fix the ceiling of the Service

Charges to be charged by the Public Charging Stations.

8.14

Priority for Rollout of EV Public Charging Infrastructure :

After extensive consultations with State Governments and

different Department/Agencies of Central Government, phasing

as follows are laid down as national priority for rollout of EV

Public Charging Infrastructure.

8.14.1 Phase l (1-3 Years) :

All Mega Cities with population of 4 million plus as per census

2011, all existing expressways connected to these Mega Cities

& important Highways connected with each of these Mega Cities

shall be taken up for coverage.

8.14.2 Phase II (3-5 Years) :

Big cities like State Capitals, UT headquarters shall be covered

for distributed and demonstrative effect. Further, important

highways connected with each of these Mega Cities shall be

taken up for coverage.

The above priorities for phasing of rollout shall be kept in mind

by all concerned, including, different agencies of Central/State

Governments while framing of further policies/guidelines for

Public Charging Infrastructure of EV s, including for declaring

further incentives/subsidies for such infrastructure and for such

other purposes.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 145

8.15

Implementation Mechanism for Rollout :

8.15.1 Ministry of Power shall designate a Central Nodal Agency for

the rollout. All relevant agencies including Central electricity

Authority (CEA) shall provide necessary support to this nodal

agency.

8.15.2 Every State Government/UT shall nominate a Nodal Agency for

that State/UT for setting up charging infrastructure. The State

DISCOM shall generally be the Nodal Agency for such

purposes. However, State Government shall be free to select a

Central/State Public Sector Undertaking (PSU) including Urban

Local Bodies (ULBs), Urban/Area Development Authorities etc.

as its Nodal Agency.

8.16

Selection of Implementation Agency for Rollout :

8.16.1 The Central Nodal Agency shall finalize the cities and

expressways/highways to be finally taken up from the above

phasing, in consultation with the respective State Governments.

8.16.2 An Implementation Agency shall be selected by the respective

State Nodal Agency and shall be entrusted with responsibility of

installation, operation and maintenance of PCS/FCS/BCS/BSF

for designated period as per norms laid down in this document

and as entrusted by the concerned Nodal Agency. The

Implementation Agency can be an Aggregator as mutually

decided between Central and State Nodal Agencies. However,

they can also decide to choose different PCS/FCS providers for

bundled packages or for individual locations as mutually

decided. Further, whenever bundled packages are carved for

bidding, such packages shall necessarily include at least one

identified expressway/highway or part cohesive regional

package; the selected identified cities may be divided into one or

more parts as necessary for such purposes.

8.16.3 Where Implementing Agency is selected by bidding, all bidding

shall be conducted by the State Nodal Agency.

8.16.4 There shall be an upper cap on the Service Charges declared by

the State Nodal Agency as per para 8.12.2 above. Subsidy, if

admissible from Central/State Governments, shall be suitably

factored in such calculations of Upper Cap/Bid Variable.

(Source: Model Building Bye-laws, 2016, Town and Country

Planning Organisation, Ministry of Urban Development, now

Ministry of Housing and Urban Affairs (MoHUA).

146

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

CHAPTER 9

PROVISION FOR HIGH RISE AND TALL BUILDINGS

9.1

High Rise Building :

Buildings higher than 15m of height without stilts and above

17.5 m of height with stilts shall be considered as high-rise

buildings.

Note:—These provisions shall be in addition to the Chapter 2 for

plan sanction procedure, Chapter 4 for procedure

during construction, Chapter 5 for Zoning regulations

and Chapter 6 for Space requirement for different parts

of Building.

9.1.1

Plot Area :

Plots to be used for high rise development should be located in

an approved Layout plan, Comprehensive plans or subdivision

plans as prepared and approved by competent authorities as per

policy of the Government of India/State Governments.

9.1.2

Means of access :

The entrance gate shall fold back against the compound wall of

the premises, thus leaving the exterior access way within the plot

free for movement of fire service vehicles. If archway is

provided over the main entrance the height. of the archway shall

not be at a height less than 5m.

9.2

Building components :

9.2.1

Doorways :

(a) Every doorway shall open into an enclosed stairway, a

horizontal exit, on a corridor or passageway providing

continuous and protected means of egress.

(b) No exit doorway shall be less than 1m in width. Doorways

shall be not less than 2 m in height. Doorways for

bathrooms, water closet, stores etc. shall be not less than

0.75 m wide.

(c) Exit doorways shall open outwards, that is, away from the

room but shall not obstruct the travel along any exit. No

door, when opened, shall reduce the required width of

stairway or landing to less than 0.9 m, overhead or sliding

doors shall not be installed.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 147

(d)

Exit door shall not open immediately upon a flight of

stairs, a landing equal to at least the width of the door shall

be provided in the stairway at each doorway, level of

landing shall be the same as that of the floor which it

serves.

(e)

Exit doorways shall be openable from the side which they

serve without the use of a key.

(f)

Mirrors shall not be placed in exit ways or exit doors to

avoid confusion regarding the direction of exit.

9.2.2

Revolving Doors :

Revolving door shall not be provided as a means of fire exit.

9.2.3

Stairways :

(a)

A staircase shall not be arranged round a lift shaft.

(b)

The staircase shall be ventilated to the atmosphere at each

landing and a vent at the top; the vent openings shall be of

0.5 sq. m. in the external wall and the top. If the staircase

cannot be ventilated, because of location or other reasons,

a positive pressure 50 Pa shall be maintained inside. The

mechanism for pressurizing the staircase shall operate

automatically with the fire alarm. The roof of the shaft

shall be 1 m above the surrounding roof. Glazing or glass

bricks if used in staircase, shall have fire resistance rating

of minimum 2 hour.

(c)

The minimum width of staircase shall be as table given

below :—

Table 9—1 : Minimum width of staircase for different types of buildings

Type of Building

Width

Residential buildings (dwellings)

1.0 m

Residential hotel buildings

1.5 m

Assembly buildings like auditorium, theatres and

cinemas

2.0 m

Educational buildings up to 30 m in height

1.5 m

Institutional buildings like hospitals

2.0 m

All other buildings

1.5 m

148

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

(d) The minimum width of treads without nosing shall be

0.25 m for staircase for residential buildings. In the case of

other buildings, the minimum tread shall be 0.3 m. The

treads shall be constructed and maintained in a manner to

prevent slipping. The maximum height of riser shall be

0.19 m in the case of residential buildings and 0.15 m in the

case of other buildings and shall be limited to 15 risers per

flight.

(e) Handrails shall be provided with a minimum height of

0.9 m from the centre of the tread.

(f)

The minimum headroom in a passage under the lading of a

staircase and under the staircase shall be 2.2 m.

(g) Access to main staircase shall be gained through adequate

fire resistance rating (for various types of construction for

structural and non-structural members shall be as given in

Table 1 of Part IV of the NBC 2016 and for building

elements/components such as walls, columns, beams and

floors shall have the requisite fire resistance rating in

accordance with the accepted standards at Tables 2 to 18 of

Part IV of the NBC, 2016). Automatic closing doors placed

in the enclosing walls of the staircases. It shall be a swing

type door opening in the direction of the escape.

(h) No living space, store or other fire risk shall open directly

into the staircase or staircases.

(i)

External exit door of staircase enclosure at ground level

shall open directly to the open spaces or can be reached

without passing through any door other than a door

provided to form a draught lobby.

(j)

The exit sign with arrow indicating the way to the escape

route shall be provided at a height of 1.5 m from the floor

level on the wall and shall be illuminated by electric light

connected to corridor circuits. All exit way marking signs

should be flushed with the wall and so designed that no

mechanical damage shall occur to them due to moving of

furniture or other heavy equipments. Further all landings of

floor shall have floor indication boards indicating the

number of floors. The floor indication board shall be placed

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 149

on the wall immediately facing the flight of stairs and

nearest to the landing. It shall be of size not less than 0.5x

0.5 m and it shall be prominently on the wall facing the

staircase.

(k) In case of single staircase, it shall terminate at the ground

floor level and the access to the basement shall be by a

separate staircase. However, the second staircase may lead

to basement levels provided the same is separated at ground

level by either a ventilated lobby with discharge points at

two different ends or through enclosures with fire

resistance rating door (Table 1 of Part IV of the NBC, 2016

and Tables 2 to 18 of Part IV of the NBC, 2016) or through

a fire protected corridor.

9.2.4

Lifts :

General requirements of lifts shall be as follows:—

(a) All the floors shall be accessible for 24 hours by the lifts.

The lifts provided in the buildings shall not be considered

as a means of escape in case of emergency. In a dual line

arrangement (lifts opposite to each other) the lobby may be

between 1.5 times to 2.5 times the depth of one car. For in-

line (single line) arrangements the lobby may be typically

half of the above recommendations.

(b) Grounding switch, at ground floor level, to enable the fire

service to ground the lift shall also be provided.

(c) The lift machine room shall be separate and no other

machinery shall be installed therein.

(d) Walls of lift enclosures and lift lobby shall have fire rating

of 2 hour; ((Table 1 of Part IV of the NBC, 2016 and

Tables 2 to 18 of Part IV of the NBC, 2016) lifts shall have

a vent at the top of area not less than 0.2 sq. m.

(e) Lift car door shall have a fire resistance rating of 1 hour.

(f)

Lift lobby doors in lift enclosures shall have fire resistance

as per Section (Table 1 of Part IV of the NBC, 2016 and

Tables 2 to 18 of Part IV of the NBC, 2016).

150

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

(g) Collapsible gates shall not be permitted for lifts and shall

have solid doors with fire resistance of at least 1 hour.

(h) If the lift shaft and lobby is in the core of the building, a

positive pressure between 25 and 30 Pa shall be maintained

in the lobby and a positive pressure of 50 Pa shall be

maintained in the lift shaft. The mechanism for

pressurization shall act automatically with the fire alarm; it

shall be possible to operate this mechanically also.

(i)

Lifts if communicating with the basement, the lift lobby of

the basements shall be pressurized with self-closing door

with fire resistance rating (Table 1 of Part IV of the NBC,

2016 and Tables 2 to 18 of Part IV of the NBC, 2016).

Telephone or other communication facilities shall be

provided in lift cars and to be connected to fire control

room for the building.

(j)

Exit from the lift lobby, if located in the core of the

building, shall be through a self-closing fire door of half an

hour fire resistance.

(k) Suitable arrangements such as providing slope in the floor

of lift lobby shall be made to prevent water used during

fire-fighting, etc., at any landing from entering the lift

shafts.

(l)

A sign shall be posted and maintained on every floor at or

near the lift indicating that in case of fire, occupants shall

use the stairs unless instructed otherwise. The sign shall

also contain a plan for each floor showing the locations of

the stairways. Alternate source of power supply shall be

provided for all the lifts through a manually operated

changeover switch.

(m) For Pressurization Specifications of various building

components refer NBC, 2016 Chapter 4 Fire and Life

Safety Clause 4.10 Pressurization of Staircases (Protected

Escape Routes).

9.2.5

Basements :

(a) Basement shall be permitted within the building envelope

only.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 151

(b) Each basement shall be separately ventilated. Vents with

cross-sectional area (aggregate) not less than 2.5 per cent of

the floor area spread evenly round the perimeter of the

basement shall be provided in the form of grills or

breakable stall board lights or pavement lights or by way of

shafts. Alternatively, a system of air inlets shall be

provided at basement floor level and smoke outlets at

basement ceiling level. Inlets and extracts may be

terminated at ground level with stall board or pavement

lights as before, but ducts to convey fresh air to the

basement floor level have to be laid. Stall board and

pavement lights should be in positions easily accessible to

the fire brigade and clearly marked ‘SMOKE OUTLET’ or

‘AIR INLET’ with an indication of area served at or near

the opening.

(c) The staircase of basements shall be of enclosed type having

fire resistance rating (Table 1 of Part IV of the NBC, 2016

and Tables 2 to 18 of Part IV of the NBC, 2016). The

staircase shall be situated at the periphery of the basement

to be entered at ground level only, from outside open air.

The staircase shall communicate with basement through a

lobby with self-closing doors with fire resistance rating as

per relevant NBC Code mentioned above.

(d) For travel distance Table 9—2 given below shall be

followed. If travel distance exceeds that given in the table

below, additional staircases shall be provided.

Table 9—2 : Travel Distance for Occupancy and Type of

Construction

Group of

Occupancy

Maximum Travel Distance Construction (m)

Type 1 &2

Type 3 & 4

1

2

3

Residential (A)

30.0

22.5

Educational (B)

30.0

22.5

Institutional (C)

30.0

22.5

Assembly (D)

30.0

30.0

Business (E)

30.0

30.0

152

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

1

2

3

Mercantile (F)

30.0

30.0

Industrial (G)

45.0

Construction type 3 and 4 not

permitted.

Storage (H)

30.0

Construction type 3 and 4 not

permitted.

Hazardous (J)

22.5

Construction type 3 and 4 not

permitted.

Notes:—

• For fully sprinkled building, the travel distance may be

increased by 50% of the values specified above.

• Ramps shall be counted as one of the means of escape

wherever permitted in National Building Code, 2016.

(e) In multi-story basements, intake ducts may serve all

basement levels, but each basement level and basement

compartment shall have separate smoke outlet duct or

ducts. Ducts so provided shall have the same fire resistance

rating as the compartment itself. Fire rating may be taken

as the required smoke extraction time for smoke extraction

ducts.

(f)

Mechanical extractors for smoke venting system from

lower basement levels shall also be provided. The system

shall be of such design as to operate on actuation of

heat/smoke sensitive detectors or sprinklers, if installed,

and shall have a considerably superior performance

compared to the standard units. It shall also have an

arrangement to start it manually.

(g) Mechanical extractors shall have an internal locking

arrangement, so that extractors shall continue to operate

and supply fans for HVAC shall stop automatically with

the actuation of fire detectors.

(h) Mechanical extractors shall be designated to permit 30 air

changes per hour in case of fire or distress call. However,

for normal operation, air changes schedule shall be as given

in Part 8, Building Services, Section 3, Air-conditioning,

Heating and Mechanical Ventilation of National Building

Code, 2016.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 153

(i)

Mechanical extractors shall have an alternative source of

supply.

(j)

Ventilating ducts shall be integrated with the structure and

made out of brick masonry or reinforced cement concrete

and when this duct crosses the transformer area or electrical

switchboard, fire dampers shall be provided.

(k) Use of basements for kitchens working on gas fuel shall not

be permitted, unless air conditioned. The basement shall

not be permitted below the ward block of a hospital/nursing

home unless it is fully sprinkled. Building services such as

electrical sub-stations, boiler rooms in basements shall

comply with the provisions of the Indian Electricity

Act/Rules. Boiler room shall be provided at the first

basement along the periphery wall with fire resistance

rating Table 1 of Part IV of the NBC, 2016 and Tables 2 to

18 of Part IV of the NBC, 2016) or shall be separated with

the blast wall.

(l)

If cut-outs are provided from basements to the upper floors

or to the atmospheres, all sides cut-out openings in the

basements shall be protected by sprinkler head at close

spacing so as to form a water curtain in the event of a fire.

(m) It is essential to make provisions for drainage of any such

water on all floors to prevent or minimize water damage of

the contents. The drain pipes should be provided on the

external wall for drainage of water from all floors. On large

area floors, several such pipes may be necessary which

should be spaced 30 m apart. Care shall be taken to ensure

that the construction of the drain pipe does not allow spread

fire/smoke from floor to floor.

9.2.6

Compartmentation :

(a) The building shall be suitably compartmentalized so that

fire/smoke remains confined to the area where fire incident

has occurred and does not spread to the remaining part of

the building.

(b) Compartmentation and Pressurization method shall be

adopted (as per clause 4.10 of Part 4 of NBC, 2016) to

154

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

protect escape routes against ingress of smoke, or toxic

gases into the

escape routes will be prevented.

Pressurization shall be adopted for high rise buildings and

building having mixed occupancy/multiplexes having

covered area more than 500 m2.

9.2.7

Corridors :

(a) Exit corridors and passageways shall be of width not less

than the aggregate required width of exit doorways leading

from them in the direction of travel to the exterior.

(b) The minimum width of a corridor in a residential building

shall be 1.0 m for single loaded and 1.8 m for double

loaded and in all other buildings shall be 1.5 m.

(c) Where

stairways

discharge

through

corridors

and

passageways, the height of corridors and passageways shall

be not less than 2.4 m.

(d) All means of exit including staircases lifts lobbies and

corridors shall be ventilated.

9.2.8

Glass Façade/Service Ducts/Shafts/Refuge Area/Vents :

(a) An Opening to the glass façade of min. width 1.5 m and

height 1.5 m shall be provided at every floor at a level of

1.2 m from the flooring facing compulsory open space as

well as on road side. Construction that complies with the

fire rating of the horizontal segregation and has any gap

packed with a non-combustible material to withstand

thermal expansion and structural movement of the walling

without the loss of seal against fire and smoke.

(b) Mechanism of Opening: The openable glass panel shall be

either left or right shall have manual opening mechanism

from inside as well as outside. Such openable panels shall

be marked conspicuously so as to easily identify the

openable panel from outside.

(c) Fire seal to be provided at every floor level between the

external glazing and building structure.

(d) The glazing used for the façade shall be of toughened

(tempered) safety glass as per I.S.2553.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 155

(e) To avoid fire propagation vertically from one floor to

another floor, a continuous glass I must be separated

internally by a smoke/fire seal which is of non-combustible

material having a fire resistance rating of not less than

2 hours.

(f)

Service ducts and shafts shall be enclosed by walls and

doors with fire resistance rating (clause Error! Reference

source not found. of Error! Reference source not

found.). All such ducts/shafts shall be properly sealed and

stopped fire ingress at all floor levels.

(g) A vent opening at the top of the service shaft shall be

provided having an area between one-fourth and one-half

of the area of the shaft.

(h) The openable vent of minimum 2.5% of the floor area shall

be provided. The openable vent can be pop out type or

bottom hinged provided with fusible link opening

mechanism and shall also be integrated with Automatic

Smoke Detection System

(i)

Alternate vertical glass panels of the façade shall be

openable type with the mechanism mentioned above in

order to ventilate the smoke.

(j)

Refuge areas covered with the glass façade shall have all

the panels fully openable (either left or right hinged) both

from inside as well as outside.

(k) Glass quality and Practice of use of Glass in buildings shall

have to be in conformity with the BIS codes as given in

Table 9—3 below:—

Table 9—3: Glass quality and Use of glass in buildings

IS Code

Specifications

1

2

2553 (Part 1):1990 Specification for safety glass: Part 1 General

purpose (third revision)

2835:1987

Specification for flat transparent sheet glass

(third revision)

438:1994

Specification for silvered glass mirrors for

general purposes (second revision)

156

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

1

2

5437:1994

Specification for figured rolled and wired glass

(first revision).

14900:2000

Specification for transparent float glass.

16231 Part 1

General methodology for selection

16231 Part 2

Energy and Light.

16231 Part 3

Fire and Loading

16231 Part 4

Safety related to Human Impact

9.3

Building Services :

9.3.1

Staircase and Corridor Lighting :

(a) The staircase and corridor lighting shall be on separate

service and shall be independently connected so as it could

be operated by one switch installation on the ground floor,

easily accessible to fire-fighting staff at any time

irrespective of the position of the individuate control of the

light points, if any.

(b) Staircase and corridor lighting shall also be connected to

alternate supply from parallel high-tension supply or to the

supply from the stand-by generator.

(c) Emergency lights shall be provided in staircase and

corridor/passageway, horizontal exits, refuge area; and all

wires and other accessories used for emergency light shall

have fire retardant property.

9.3.2

Electrical Services :

(a) The electric distribution cables/wiring shall be laid in

separate duct the duct shall be sealed at every floor with

non-combustible materials having the same fire resistance

as that of the duct. Low and medium voltage wiring

running in shaft and in false ceiling shall run in separate

conduits.

(b) Water mains, telephone cables, intercom cables, gas pipes

or any other service line shall not be laid in the duct for

electric cables. Use of bus ducts/solid rising mains instead

of cables is preferred.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 157

(c) The provision of dedicated telecommunication ducts for all

new building proposals is mandatory for conveyance of

telecommunication and other data cables.

(d) Separate circuits for water pumps lifts, staircases and

corridor lighting and blowers for pressurizing system shall

be provided directly from the main switchgear panel (for

detailed specifications refer NBC, 2016, chapter 4 Fire and

Life Safety).

9.3.3

Alternate Source of Electric Supply :

A stand-by electric generator shall be installed to supply power

to staircase and corridor lighting circuits, fire lifts, the stand-by

fire pumps, pressurization fans and blowers, smoke extraction

and damper system in case of failure of normal electric supply.

The generator shall be capable of taking starting current of all

the machines.

9.3.4

Air-conditioning :

Air-conditioning shall conform to the following :—

(a) Escape routes like staircases, common corridors, lift

lobbies, etc. shall not be used as return air passage.

(b) The ducting shall be constructed of sufficient gauge metal

in accordance with good practice.

(c) Wherever the ducts pass through fire walls or floors, the

opening around the ducts shall be sealed with materials

having fire resistance rating of the compartment.

(d) Where duct crosses a compartment which is fire rated, the

ducts shall be fire rated for same fire rating. Further

depending on services passing around the duct work, which

may get affected in case of fire temperature rising, the

ducts shall be insulated.

(e) Metallic ducts shall be used even for the return air instead

of space above the false ceiling.

(f)

Where plenum is used for return air passage, ceiling and its

fixtures shall be of non-combustible material.

158

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

(g) The materials used for insulating the duct system (inside or

outside) shall be of non-combustible material; glass wool

shall not be wrapped or secured by any material of

combustible nature.

(h) Air ducts serving main floor areas, corridors, etc. shall not

pass through the staircase enclosure.

(i)

The air-handling units shall be separate for each floor and

air ducts for every floor shall be separated and in no way

inter-connected with the ducting of any other floor.

(j)

If the air-handling unit serves more than one floor, the

recommendations given above shall be compiled with in

addition to the conditions given below.

(k) Proper arrangements by way of automatic fire dampers

working on smoke detector/or fusible link for isolating all

ducting at every floor from the main riser shall be made—

(i)

When the automatic fire alarm operates, the

respective air-handling units of the air-conditioning

system shall automatically be switched off.

(ii) The vertical shaft for treated fresh air shall be of

masonry construction.

(iii) The air filters of the air-handling units shall be of

non-combustible materials or fire rated.

(iv) The air-handling unit room shall not be used for

storage of any combustible materials.

(v) Inspection panels shall be provided in the main

trunking to facilitate the cleaning of ducts of

accumulated

dust

and

to

obtain

access

for

maintenance of fire dampers.

(vi) No combustible material shall be fixed nearer than

150 mm to any duct unless such duct is properly

enclosed and protected with non-combustible material

(glass wool or spyglass with neoprene facing enclosed

and wrapped with aluminium sheeting) at least

3.2 mm thick and which would not readily conduct

heat.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 159

9.3.5

Transformers :

(a) If transformers are housed in the building below the ground

level it shall be necessarily in the first basement in separate

fire resistance room of 4 hours rating. Transformer shall be

dry type and shall be kept in an enclosure with walls, doors

and cut-outs having fire resistance rating of 4 hour. The

room shall necessarily be at the periphery of the basement

having separate and direct access from open area at ground

floor through a fire escape staircase. The entrance to the

room shall be provided with a steel door of 2 hours fire

rating. A curb of a suitable height shall be provided at the

entrance in order to prevent the flow of oil from ruptured

transformer into other parts of the basement. The

switchgears shall be housed in a separate room separated

from the transformer bays by a fire-resisting wall with fire

resistance not less than 4 hours.

(b) The transformer shall be protected by an automatic foam

sprinkler system. When housed at ground floor level it/they

shall be cut-off from the other portion of premises by Fire

Resisting Walls of 4 hours rating.

(c) A tank of RCC construction of adequate capacity shall be

provided at lower basement level, to collect the oil from the

catch pit in case of emergency. The pipe connecting the

catch-pit to the tank shall be of non-combustible

construction and shall be provided with a flame-arrester.

(d) The electric sub-station shall be located in a separate

building in accordance to I.E. Rules 68(I) and 64(I) (a).

(e) If this is not possible due to site conditions, the sub-station

shall be located on the ground floor. As far as possible sub-

station shall not be installed in a basement, for such

situations special provisions like mechanical ventilation,

wherever required, cable ducting, cable trays, top/bottom

entry of HV/LV cable, hooks on Transformer(s) & HV

panels,

adequate

fire

detection

and

fire-fighting

arrangement, adequate drainage, effective measures to

prevent flooding etc. shall be provided. Adequate

precautions shall also be taken for water proofing to

160

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

prevent seepage of water. A ramp shall also be provided

with a slope, not steeper than 1 in 7, for easy movement of

equipment to and from sub-station.

(f)

Fire regulations-The installations shall be carried out in

conformity with the local regulations and rules thereunder

wherever they are in force. At other places NBC, 2016

guidelines shall be followed.

9.3.6

Gas supply :

(a) Town Gas/L.P. Gas Supply Pipes-Where gas pipes are run

in buildings, the same shall be run in separate shafts

exclusively for this purpose and these shall be on external

walls, away from the staircases. There shall be no

interconnection of this shaft with the rest of the floors.

(b) LPG distribution pipes shall always be below the false

ceiling. The length of these pipes shall be as short as

possible. In the case of kitchen cooking range area, apart

from providing hood, covering the entire cooking range, the

exhaust system should be designed to take care of 30 CUM

per minute per sq.m. of hood protected area. It should have

grease filters using metallic grill to trip oil vapours

escaping into the fume hood.

Note:—For detailed information on gas pipe installations,

reference may be made to Para 9 ‘Plumbing Services,

Section 3 Gas Supply’, of NBC, 2016.

(c) For large/commercial kitchens all wiring in fume hoods

shall be of fiber glass insulation. Thermal detectors shall be

installed into fume hoods of large kitchens for hotels,

hospitals and similar areas located in high rise buildings.

Arrangements shall be made for automatic tripping of the

exhaust fan in case of fire.

(d) If LPG is used, the same shall be shut off. The voltage shall

be of 24 V or 100 V DC operated with the external

rectifier. The valve shall be of the hand re-set type and shall

be located in an area segregated from cooking ranges.

Valves shall be easily accessible. The hood shall have

manual facility for steam or carbon dioxide gas injection,

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 161

depending on duty condition; and Gas meters shall be

housed in a suitably constructed metal cupboard located in

a well-ventilated space, keeping in view the fact that LPG

is heavier than air and town gas is lighter than air.

9.3.7

Boiler Room :

Further, the following additional aspects may be taken into

account in the location of Boiler/Boiler Room:—

(a) The boiler shall not be allowed in sub-basement but be

allowed in the first basements away from the escape routes.

(b) The boilers shall be installed in a fire resisting room of 4

hours fire resistance rating, and this room shall be situated

on the periphery of the basement. Catch pit shall be

provided at the low level. Entry to this room may be

provided with a composite door of two-hour fire resistance.

(c) The boiler room shall be provided with fresh air inlets and

smoke exhausts directly to the atmosphere.

(d) Foam inlets shall be provided on the external walls of the

building at the ground floor level to enable the fire services

to use foam in case of fire.

(e) The furnace oil tank for the boiler, if located in the

adjoining room shall be separated by fire resisting wall of

4-hour rating. Entry to this room shall be provided with a

composite door of 2-hour fire resistance. A curb of suitable

height shall be provided at the entrance in order to prevent

the flow of oil into the boiler room in case of tank rupture.

9.3.8

Helipad :

Buildings above 200 m in height, helipad may be provided.

9.3.9

Disaster Management (Fire Safety) :

Refer Part 4 of NBC 2016 for minimum requirements for fire-

fighting installations.

9.3.10 Structural Safety :

As per provisions made for Structural Safety in Chapter 6 of

MBBL 2016 and from Section 12.2.5.1 of NBC 2016 or its latest

version.

162

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

The application for seeking building permit shall be

accompanied with a report of Architect/Structural Engineer

certifying that the proposed structure has been designed

structurally keeping in view the safety measures against

earthquakes as indicated in the following Bureau of Indian

Standards (B.I.S.).

List of Codes Published by CED 39 (Earthquake Code Committee)

of Bureau of Indian Standards

Sr.

No.

Code No

Year of

Revised

Publicat-

ion

Year of

Reaffir-

mation

Title

1

2

3

4

5

1

IS 13935

2009

2014

Seismic Evaluation, Repair and

Strengthening

of

Masonry

Buildings-Guidelines.

2

IS 1893:

Part 1

2016

Criteria

for

Earthquake

Resistant Design of Structure-

Part 1 : General Provisions and

Buildings.

3

IS 4326

2013

Earthquake resistant design and

construction of buildings-Code

of practice.

4

IS 13920

2016

Ductile Design and Detailing of

Reinforced Concrete Structures

Subjected to Seismic Force-

Code

of

Practice

(First

Revision).

5

IS 13827

1993

2013

Improving earthquake resistance

of earthen buildings-Guidelines.

6

IS 13828

1993

2013

Improving earthquake resistance

of

low

strength

masonry

buildings-Guidelines.

7

IS 1893:

Part 2

2014

Criteria

for

Earthquake

Resistant Design of Structures-

Part 2 Liquid Retaining Tanks.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 163

1

2

3

4

5

8

IS 1893:

Part 3

2014

Criteria

for

Earthquake

Resistant Design of Structures

Part 3 Bridges and Retaining

Walls.

9

IS 1893:

Part 4

2015

Criteria

for

Earthquake

Resistant Design of Structures

Part 4 Industrial Structures

Including Stack-Like Structures

(First Revision).

10

IS 4967

1968

2015

Recommendations for Seismic

instrumentation for river valley

projects.

11

IS 4991

1968

2013

Criteria for blast resistant design

of structures for explosions

above ground.

12

IS 6922

1973

2013

Criteria for safety and design of

structures subject to under-

ground blasts.

9.3.11 Sustainable Environment and Buildings :

Refer CHAPTER 11 : of this document.

9.3.12 General :

(a) Architectural elements such as louvers, pergolas, other

sunshine materials should be free from FAR.

(b) Any architectural roof top structures would also be

permitted out of FAR if not used for habitable or

commercial purposes.

(c) Building elements such as sky bridges and landscape

terraces which are meant for community purposes only

shall be permitted free of FAR.

(d) Services can be permitted on roofs with adequate screening

for the same.

(e) Service floors shall not be counted in FAR. Service area on

habitable floors may be considered free from FAR.

(f)

Atrium/Atria at any floor will be counted only once in the

FAR. Atrium may be enclosed by light roofing or R. C. C.

as per NBC, 2016.

164

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

(g) Scissor staircase would be permitted provided all travel

distance and fire norms are adhered to.

(h) Stilts in high-rise will not be restricted to height. of 2.4m as

long as it is used for parking.

(i)

Multilevel car parking with car lifts would be permitted

with adequate fire safety.

9.4

Tall Building :

Building with height more than 50 m shall be considered as Tall

buildings. All the provisions and norms applicable for High Rise

Building shall be also applicable for Tall Buildings. In addition

to that, Tall Buildings shall be allowed only on the roads having

minimum ROW 60m with standard service lanes.

CHAPTER 10

RAINWATER HARVESTING

This chapter gives the mandatory requirements of water

conservation. The methods and techniques shall be adopted from

NBC, 2016.

10.1 The Rainwater Harvesting (RWH) system:

The harvesting of rainwater simply involves the collection of

water from surfaces on which rain falls, and subsequently storing

this water for use. The rainwater collected can be stored for

direct use or can be recharged into the underground aquifers. In

scientific terms water harvesting (broadly) refers to collection

and storage of rainwater from the rooftops. This also restricts

evaporation and seepage into building foundations. All buildings

having a plot size of 100 sq.m. Or more, while submitting the

building plans for sanction, shall mandatorily include the

complete proposal of rainwater harvesting.

A rainwater harvesting system consists of—

(a)

Roof catchment ;

(b)

Gutters ;

(c)

Down pipes ;

(d)

Rainwater/Storm water drains ;

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 165

(e)

Filter Chamber ;

(f)

Storage Tanks/Pits/Sumps ;

(g)

Ground Water recharge structures like pit, trench, tube well

or combination of above structure.

Rainwater Harvesting is a way to capture the rain runoff, store

that water above ground or charge the underground aquifers and

use it later. This happens naturally in open rural areas. But in

congested, over-paved metropolitan cities, there is a need to

devise methods to capture the rainwater. The rainwater that is

incident on the surface/rooftop is guided to bore wells or pits or

new/old/abandoned wells through small diameter pipes to

recharge the underground water which can be used later

whenever required.

Rainwater can be harvested to the extent of 55,000 litres per

100 sq. m. area per Year from rooftops.

10.2 Rainwater harvesting techniques:

There are two main techniques of rainwater harvestings—

(a)

Storage of rainwater on surface for future use.

(b)

Recharge to ground water.

The technical aspects and options of Rainwater harvesting from

which the city authorities can assess and choose to adopt

(Refer Appendix for the technical aspects and options as

suggested by Model Building Bye-Laws, 2016).

10.3 Harvesting provisions in various Building categories:

All buildings in a city contribute to the rainwater runoff during

the monsoon and hence such runoff can be harvested for water

reuse/recharge. The indicative provisions of rainwater harvesting

in various buildings types are:

Table 10—1: Provisions for Rainwater harvesting by building

types

Category

Use

Area

of

Plot (sq.m.)

Provision to be made

Other conditions

Residential Plotted Houses

New

Proposals

100 and

above

Construction of Rain water

Harvesting Structure

Shall have emphasis

on both storage and

reuse.

166

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

Category

Use

Area

of

Plot (sq.m.)

Provision to be made

Other conditions

Group Housing

New

Proposals

All

plot

sizes

(i) Construction

of

Rainwater Harvesting

Structure.

(ii) Concrete paving to be

avoided

and

permeable

materials

are to be used for all

open parking spaces.

(i) Should indicate

the system of

Strom

Water

Drainage,

Rainwater

Harvesting

Structure

and

Recharging

Well.

Public and Semi-public Buildings

All

Proposals

All

Plot

Sizes

(i) Shall have Rain water

Harvesting

Structure

and storage

(ii) Shall have Recharge

pits.

Shall have emphasis

on both storage and

reuse.

Commercial Mixed Use

All

Proposals

All

Plot

Sizes

Construction of Rainwater

Harvesting Structure.

Soft landscape provision

and

open

spaces

with

percolation pits.

Common treatment plant to

be

made

part

of

the

integrated

development,

funded

by

sale

of

commercial space.

Should indicate the

system

of

Strom

Water

Drainage,

Rainwater.

Harvesting Structure

and

Recharging

Well.

Shall have emphasis

on both storage and

reuse.

Industrial

All

Proposals

All

Plot

Sizes

Construction of Rainwater

Harvesting Structure.

Soft landscape provision

and

open

spaces

with

percolation pits.

Use of abandoned bore

wells for recharging of

ground water.

iii

Common

treatment

plant to be made part of the

integrated

development,

funded

by

sale

of

commercial space.

Should indicate the

system

of

Strom

Water

Drainage,

Rainwater.

Harvesting Structure

and

Recharging

Well.

Provision should be

made not to inject

contaminate

water

into

recharge

structures

in

industrial areas and

care is to be taken to

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 167

Category

Use

Area

of

Plot (sq.m.)

Provision to be made

Other conditions

keep such structures

away from

sewer

lines, septic tanks,

soak pits, landfill

and other sources of

contamination.

Other Uses

Other

Proposals

All

Plot

Sizes

Similar as above

Similar as above

10.4 Rainwater Harvesting Provisions for Open spaces in cities:

The open spaces/recreational land use generally constitute

regional parks, district parks, playground and stadium, sports

complex, monument zones, public parking, Plaza and other

public open space. This may be as high as 30% to 50% of the

city’s geographic area. All such public open spaces above the

size of 500 sq.m. shall have arrangements for complete

utilization and capture of storm water with scientific rainwater

harvesting arrangements.

Following ideas may also be included :—

(a)

Well cum Channel cum Percolation pits.

(b) Use of abandoned bore wells for recharging of ground

water.

(c)

Artificial or natural Storage of storm water runoff from

larger sites.

10.5

Ground Water Recharge:

Recharging of ground water should be made mandatory not only

for residential buildings but for all types of buildings, including

Group Housing Societies having a plot area more than 500 sq. m.

and above.

The Ground Water Recharge should also be mandatory for open

spaces like parks, parking, plazas and playgrounds. The

harvesting and recharge structures could be constructed by the

Authority

with

the

involvement

of

community-based

organizations like Resident Welfare Associations.

168

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

10.6

Enforcement and Monitoring:

(a)

The Authority shall constitute a Rainwater Harvesting Cell

which will be responsible for enforcement and monitoring

of the provisions of Rainwater Harvesting. The cell shall

employ qualified persons who are well versed with the

interpretation of Building Bye-laws and responsible for

enforcement as well as monitoring the functioning of the

Rainwater Harvesting System.

(b)

The Authority shall include inspection of Rainwater

Harvesting

Structures

before

issuing

Completion

Certificates or NOCs for service connections to the

property.

(c)

Set an example in the city by ensuring that Rainwater is

harvested in the properties/assets owned by them including

public buildings, markets, community enters, parking

spaces, roads, and parks etc.

(d)

The Authority shall also establish a mechanism to monitor

100% of RWH provisions in all the buildings above 1000

sq.m. with annual physical verification, while buildings less

than 1000 sq.m. can be monitored on the basis of 10%

random survey by BPIA.

(e)

With regard to open public spaces viz., Parks, playgrounds

etc. the implementation of provision rainwater harvesting

may be done with the help of Residents Welfare

Associations, Community Building Organization and Non-

Governmental Organizations.

(f)

The Authority shall ensure earmarking budgetary provision

for the creation and maintenance of rainwater harvesting

structures in public spaces owned and maintained by them,

like parking spaces, parks, plazas etc.

(g)

The practice of incentives and penalties to promote

rainwater harvesting shall be formulated by the local

authority based on best practices. Authority shall design its

own incentive and penalty systems, considering the water

level and scarcity.

Note:—For Methods of Rainwater Harvesting etc. refer

the NBC, 2016 or its latest version.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 169

CHAPTER 11

GREEN BUILDING AND SUSTAINABILITY

11.1 Provisions:

Modern buildings consume about 25 to 30% of total energy, and

up to 30 % of fresh potable water, and generate approximately

40% of total waste. Sustainable buildings have demonstrated

reduction in energy and water consumption to less than half of

the present consumption in conventional buildings, and complete

elimination of the construction and operational waste through

recycling.

Thus, all buildings on various plot sizes above 100 sq.m. Shall

comply with the green norms and conform to the requirements

mandatory for sanction as mentioned in this chapter.

These provisions are not specific to any rating system and are

not intended to provide a single metric indication of overall

building performance. These provisions allow the practitioners to

easily exercise their engineering judgment in holistically and

objectively applying the underlying principles of sustainability to

a development or building facility, considering its functionality

and required comfort level.

11.2

Provisions and Applicability:

The green building provisions on various plot sizes are indicated

in the table below:—

Table 11—1: Provisions and applicability for various plot sizes

(Residential and Non-Residential)

Plot

Cate-

gory

Applicable

Plot area

Provision for Residential

Provision for Non-

Residential

I

Up to 100

Nil

Nil

II

100 to 500

1(a), 2(a), 2(b), 4(a)

1(a), 2(b), 4(a)

500 to 1000

1(a), 1(c), 2(b), 3(c) 4(a)

1(a), 1(c), 2(a), 2(b),

3(c), 4(a)

1000 to 3000

1(a),1(c),1(d),2(a), 2(b),

3(b), 3(c)

1(a),1(c),1(d),2(a),

2(b), 3(b), 3(c)

III

Above 3000

1(a),1(b),1(c),1(d),2(a),

2(b), 3(a)

1(a),1(b),1(c),1(d),2(a),

2(b), 3(a)

*Note :—Provisions marked 1(a), 2(b) etc. are as per section 13.3.

170

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

The schemes/projects formulated on the basis of provisions

given in Master plan/Zonal Development Plan will require

approval as indicated :

EIA/ECC (as per MoEF and CC), National Building Code, 2016

or its latest version, ECBC 2007 or latest, BEE Star rating/LEED

of IGBC/GRIHA of TERI Certification.

EIA—Environmental Impact Assessment Study Report,

ECC—Environmental Clearance Certificate,

MoEF—Ministry of Environment and Forest,

National Building Code, 2016 or its latest version—National

Building Code,

ECBC—Energy Conservation Building Code,

BEE—Bureau of Energy Efficiency,

LEED—Leadership in Energy and Environment Design,

IGBC—Indian Green Building Council,

GRIHA—Green Rating for Integrated Habitat Assessment,

TERI—The Energy and Resources Institute.

The prevailing provisions of the above shall be applicable.

However, if there are any modification in the same, the modified

provisions shall become automatically applicable.

11.3 Provisions for Sanction :

1. Water Conservation and Management—

(a) Rainwater Harvesting

(b) Low Water Consumption Plumbing Fixtures

(c) Wastewater Recycle and Reuse

(d) Reduction of Hardscape

2. Solar Energy Utilization—

(a) Installation of Solar Photovoltaic Panels

(b) Installation of Solar Assisted Water Heating Systems

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 171

3. Energy Efficiency (Concept of passive solar design of buildings)

(a) Low Energy Consumption Lighting Fixtures (Electrical

Appliances—BEE Star and Energy Efficient Appliances).

(b) Energy Efficiency in HVAC systems.

(c) Lighting of Common areas by solar energy/LED devices.

4. Waste Management

(a) Segregation of Waste

(b) Organic Waste Management

In case owners of properties desire to procure green building

ratings from one or more rating bodies, they may suitably

incorporate any other provisions if required and additional

incentive FAR as per Master Plan may be availed.

11.3.1 Provisions for City and Site level greening:

In alignment with National Sustainable Habitat Mission, the

Authority shall encourage augmentation of green cover in the

city/plot, by following :—

The Urban Greening Guidelines, 2014 and other provisions as

given below:—

(a)

Provision of minimum 1 tree/every 80 sq. m. of plot area

for plot sizes >100 sq. m. and planted within the setback of

the plot.

(b)

Compensatory Plantation for felled/transplanted tress in

the ratio 1:3 within the Premises under consideration.

(c)

Choice of species for plantation in site and abutting the road

to be adopted as per Section 8 of the Urban Green

Guidelines, 2014.

(d)

The unpaved area shall be more than or equal to 20% of

the recreational open spaces.

11.3.2 Water Re-use and Recycling:

All building having a minimum discharge of 10,000 Litres and

above per day shall incorporate wastewater recycling system. The

recycled water should be used for horticultural purposes (Details

are explained in Chapter 14 Grey Water Recycling).

172

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

11.3.3 Rooftop Solar Energy Installations :

Rooftop photovoltaic power station, or rooftop PV system, is a

photovoltaic system that has its electricity-generating solar

panels mounted on the rooftop of residential or commercial

buildings. The various components of such a system include

photovoltaic modules, mounting systems, cables, solar inverters

and other electrical accessories. Rooftop PV systems are faster

than other types of renewable power plants. They’re clean, quiet,

and visually unobtrusive. Table 10.2 below stipulates the Norms

for Rooftop Solar PV Installation.

Table 11—2 : Norms for Rooftop Solar PV Installation and

generation

S.

No.

Category of

buildings/area

Area standards

Generation requirement

Plotted Housing

1.

Plotted

Housing

For HIG Plots

and above

Minimum 5% of connected

load

or

20W/sq.ft.

for

“available

roof

space”**,

whichever is less.

2.

Group

Housing

All proposals,

as per Group

Housing

Norms

Minimum 5% of connected

load or 20W/sqft for “available

roof space”, whichever is less.

All other buildings (Government or Private, defined as per

clause 1.16 b to g) (mandatory for buildings having shadow free

rooftop area > 50 sq.m.)

3.

Educational

Plot size of 500

sq.m.

and

above

Minimum 5% of connected

loador

20W/sq.ft.

for

“available roof

space”,

whichever is less.

4.

Institutional

5.

Commercial

6.

Industrial

7.

Mercantile

8.

Recreational

* Area provisions on roof top shall be @12 sq. m. per 1KWp,

as suggested by Ministry of New and Renewable Energy.

** “Available roof area”=70% of the total roof size, considering

30% area reserved for residents’ amenities.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 173

11.3.4 Installation of Solar Assisted Water Heating System in

Buildings :

(a)

No new building in the following categories in which there

is a system of installation for supplying hot water shall be

built unless the system of the installation is also having an

auxiliary solar assisted water heating system:—

(i)

Hospitals and Nursing Home.

(ii)

Hotels, Lodges, Guest Houses, Group Housing with

a plot area of 4000 sq. m.

(iii) Hostels of Schools, Colleges and Training Centres

with more than 100 Students.

(iv)

Barracks of armed forces, paramilitary forces and

police.

(v)

Individual residential buildings having more than

150 sq m. plinth area.

(vi)

Functional Buildings of Railway Stations and Air

Ports like waiting rooms, Retiring rooms, rest

rooms, inspection bungalows and catering units.

(vii) Community Centres, Banquet Halls, Barat Ghars,

Mangal Karyalayas and Buildings for similar use.

(b)

Definitions :

(i)

“Solar Assisted Water Heating System”.—A device

to heat water using solar energy as heat source.

(ii)

“Auxiliary back-up” Electricity operated or fuel

fired boilers/systems to heat water coming out from

solar water heating system to meet continuous

requirement of hot water.

(iii) “New Building” Such buildings of above said

categories for which construction plans have been

submitted to the Authority for clearance.

(iv)

“Existing building” Such buildings, which are

licensed to perform their respective business.

174

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

(c)

Installation of Solar Water Heating System :

(i)

New Buildings : Clearance of plan for the

construction of new buildings of the aforesaid

categories shall only be given if they have a

provision in the building design itself for an

insulated pipeline from the rooftop in the building to

various distribution points where hot water is

required. The building must have a provision for

continuous water supply to the solar water heating

system. The building should also have open space

on the rooftop, which receives direct sun light. The

load bearing capacity of the roof should at least be

50 kg. per sq. m. All new buildings of above said

categories must complete installation of solar water

heating systems before obtaining necessary license

to commence their business.

(ii)

Existing Buildings : Installation of Solar Assisted

Water Heating Systems in the existing building

shall be made mandatory at the time of change of

use to above said category provided there is a

system or installation for supplying hot water.

(d)

Capacity : The capacity of solar water heating system to

be installed on the building of different categories shall be

decided in consultation with the local bodies. The

recommended minimum capacity shall not be less than 25

litres per day for each bathroom and kitchen subject to the

condition that maximum of 50% of the total roof area is

provided with the system.

(e)

Specifications : Installation of Solar Assisted Water

Heating Systems shall conform to BIS specification IS

12933. The solar collectors used in the system shall have

the BIS certification mark.

(f)

Auxiliary System : Wherever hot water requirement is

continuous, auxiliary heating arrangement either with

electric elements or oil of adequate capacity can be

provided.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 175

11.3.5 Sustainable Waste Management :

Zero Waste is a concept of waste management and planning

approaches that emphasize waste prevention as opposed to end

waste management. This means restructuring production and

distribution systems, designing and managing products and

processes to systematically follow the 3R rule of Reduce, Re-use

and Re-cycle the volume of waste, to conserve and recover all

used resources, and therefore eliminating all discharges to

landfills, and prevent air, water and land pollution. Zero

Waste/land-fill can be achieved by adopting systematic approach

of segregation at source by planning, by collection facilitation

and most importantly by creating public awareness. The green

waste can be converted into fuel cakes, kitchen waste into

manure, construction & demolition waste into bricks, plastic

waste into oil, paper, and glass and steel back into the same and

all residual inert materials can also be converted into bricks.

Achieving zero land -fill is more conveniently possible, if—

(a) The collection is made from house to house and some

segregation is done at household level

(b) Separate wet and dry bins must be provided at the ground

level.

(c) The recycling is done at decentralized, say, ward or even

lower levels.

11.3.6 Sustainability of Building Materials :

Sustainability of natural resources for building materials shall be

ensured through Conservation of available natural resources and

use of supplementary materials such as Industrial/agricultural

by-products, renewable resources, and factory-made building

components and recycled construction and demolition waste.

Supplementary building materials (derived or processed waste)

shall be suitably used in combination with conventional

resources offers dual advantages in purview of Health &

environmental benefits.

176

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

Use of Factory made pre-fab/pre-cast and recycled components

with Green benefits :

(a)

Panels, hollow slabs, hollow blocks-etc.-conservation of

materials, less water requirement.

(b)

Fly Ash bricks, Portland Pozzolana cement, Fly ash

concrete, phosphorgypsum-based walling and roofing

panels,

particle

wood-recycled

use

of

industrial/

agricultural by-products.

(c)

Fly ash/AAC (Autoclaved aerated lightweight\concrete)

panels/CLC (Cellular lightweight concrete) panels-ensures

thermal comfort (significant reduction in air conditioning

requirement).

(d)

Use of bamboo and rapidly growing plantation timbers-

environmental benefits. Local materials are generally

suitable for prevailing geo-climatic conditions and have

advantage of low transportation cost and time. Sustainable

use of building materials shall be encouraged which may

combine certain mandatory provisions and incentives.

11.4 Various Guidelines for Green Rating systems :

The accreditation with the regulator-Bureau of Energy

Efficiency, Ministry of Power, GoI-will make the firms eligible

for Green Rating systems.

CHAPTER 12

GREY WATER RECYCLING

Whereas it is expedient to regulate the activities such as :—

(a)

Pre-treatment of Grey Water, sewage and grey water

before it is accepted for reuse for the purpose of non-

portable use ;

(b)

Installation of flow meters, samplers or other devices to

measure flow and quality of the sewage, recycled water

and industrial waste discharge ;

(c)

Pre-treatment of Grey water and Sewage as per

classification before it is accepted for discharge to the

sewerage system ;

(d)

Separation of non-portable water plumbing and portable

water plumbing ;

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 177

(e)

Sampling and monitoring of industrial waste discharges to

ensure compliance of conditions under the bye-laws;

(f)

Encouraging the use of treated recycles water for

non-portable use.

12.1 Definitions :

In these Bye-Laws :

‘Grey Water’ means water involving water from sinks, tubs,

showers and washing.

‘Industrial/Commercial Premises’ means any premises which is

being used or intended to be used (whether for profit or not) for

carrying on any trade, business, education, research or industry.

‘Commercial Waste’ or ‘Wastes’ are the waste removed from an

industrial plant or other premises by way of discharge of any

liquid, with or without matter in suspension or solution therein,

that is or may be discharged from trade premises in the course of

any trade or industrial process or operation or in the course of an

activity or operation of alike nature.

‘Inspector’ includes whoever the President/Executive Officer of

Municipal Committee/Council has appointed in writing for the

purposes of these bye-laws.

‘ISO5667’ means the latest edition complete with any

amendments, of international Standards ISO 5667:2003 Water

Quality Sampling.

Part 1: 1980 Guidance on the design of Sampling programmes.

Part 2: 1991 Guidance on sampling techniques.

Part 3: 1994 Guidance on the preservation and handling of

samples.

Part 10: 1992 Guidance on sampling of Grey water.

‘ISOTR9824’ means the latest edition complete with any

amendments,

of

international

Standard

ISO

TR

9824:

Measurement of liquid flow in open channels.

178

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

Part 1: 1990 Measurement of free surface flow in closed

conduits Methods.

Part 2: 1990 Measurement of free surface flow in closed

conduits Equipment.

‘Sewerage System’ means all types of sewer, appurtenances,

pumping stations, storage tanks, waste water treatment facility

plants, marine outfalls and other related structures existing in the

urban area and used for the reception, treatment and disposal of

waste water and also termed as “waste water system”

‘Waste minimization’ means the implementation on trade

premises, of operations and restrictions, appropriate to the goal

of reducing or eliminating the quantity and toxicity of wastes.

Section ‘A’ Applicability of Grey Water Reuse Bye-laws

12.1.1 Applicable to all group housing, commercial and industrial

premises which fall in one of the following categories :—

Category 1: Whose plot area is more than 2000 Sq. m.

Category 2: Water quota is more than 40,000 litres/day.

Category 3: Premises which has more than 50 dwelling unit of

any kind.

12.1.2 Exemptions

could

be

accorded

under

following

circumstances, as decided by the authority :

In case the existing premises cannot permit the provision of

additional overhead tank for the purpose of the use of treated

water.

If, in the existing structure, there is no space for installation of

treatment facility and collection chamber.

12.2 Enforcement of Bye-Laws :

In case of existing properties, President/Executive Officer of

Municipal Committee/Council or his authorized officer will

issue a notice to the occupier for making arrangements of for

reuse of Grey Water within specified time.

In case of proposed/intending/under redevelopment properties,

the occupier/developer/builder will submit an application

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 179

directly

or

through

his

authorized

consultant

to

the

President/Executive Officer of Municipality Committee/Council

with details of proposed ‘Discharge management Plan’ along

with the application for demand of water permission to connect

the Grey Water/Sewerage to municipal sewerage system where

ever applicable.

12.3

Granting a Permission :

Every premises will be granted permission for the discharge of

industrial waste or wastes to the municipal sewerage system only

if the recycling measures and conditions set forth in schedules

issued under this bye-law are fulfilled.

12.4

Waste tests and their results :

An occupier of an industrial plant or premises requiring a license

shall provide to the President/Executive Officer of Municipal

Committee/Council or an authorized officer once a year for the

purpose of receiving a license, test results of the industrial wastes

discharged from the plant or premises.

Without derogating the provisions specified in this Building

Bye-laws, the occupier of a premises requiring a license or the

occupier of a controlled plant or premises, shall provide to the

Authority, the test results of the industrial wastes or waste

discharged from the plant or premises at any time he is requested

in writing to do so by the President/Executive Officer of

Municipality Committee/Council.

The testing of wastes and the submission of the results shall be

done in a manner in accordance with the terms and conditions

prescribed by the Authority or an authorized officer in this regard.

This bye-law accords the Authority, his agent or an authorized

officer of their authority to visit the plant premises at any

reasonable time.

12.5

Notices for testing of discharge :

The Authority may order the testing of sample industrial waste or

wastes as described in clause 12.4 of this Building Bye-laws, he

180

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

feels that the circumstances so demand and he may, by written

notice, direct the plant or premises occupier to pay the expenses

of performing such tests.

A controlled plant whose occupier received notice as stated in

clause 12.4 of this Building Bye-Laws shall comply the

provisions of Clause 12.3 of this Building Bye-Laws prescribed

above for that purpose.

12.6 Operational Permission for the Grey Water Recycling

Treatment Plant :

The Authority may determine on the basis of test results of the

wastes that were provided to him or that were performed at his

instance or behalf, that a recycled water plant is fulfilling the

requirements and will issue permission in writing to put the plant

on permanent to the occupier.

The occupier shall operate the plant as specified.

12.7 Separation of Grey Water :

The wastes from toilets in the premises will be separated from

grey water that is of bathroom and kitchen wastes by means of

separate down take discharge system. The grey water shall be

recycled by providing recycling plant and shall be reused for

non-portable purposes after storing the same in distinctly

separate tank by means of purple coloured down take pipes. The

water quality shall conform to standards of non-potable water.

The recycled water shall be tested once in six months and results

shall be made available to Authority or his authorized officer

whenever demanded.

The make-up connection to the system will be done at the

collection tank of the treated water, through a free fall if from

Municipal water connection, but preferable from a local source

like bore-well.

12.8 Conditional Waste Discharge Permission :

Waste discharge of the conditional type plant will be allowed on

the issuance of conditional permission provided the conditional

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 181

type plant has recycling and reuse of water facility and not

exceeding limits given in as per Jammu and Kashmir Pollution

Control Board (JKPCB) norms.

12.9 Mandatory notice regarding changes :

An occupier of premises shall inform the Authority of any

change in the quality, nature or quality of the wastes discharged

from his plant or premises, the manner of their discharge or

extra requirement of external supply of water in variation or

violation of license under these Bye-laws.

12.10 Authority to change license/notice conditions :

The Authority or his authorized officer, having given a license or

a notice in writing, may revoke, modify or stipulate conditions to

the license or notice if not satisfied on inception of the plant,

premises or test reports.

12.11 Delivery of Notice/Permission :

Notice/permission required by this bye-law shall be deemed to

have been delivered lawfully if it is given in to the hand of their

intended receiver with acknowledgement, or delivered to his

place or residence or his place of occupation or place known to

be so with acknowledgement, or to adult member of his family or

to an adult employee with acknowledgement, or if sent by

registered mail to the same person according to his place of

residence, of normal place of employment recently known to be

so. If it is not possible to make the delivery as stated, the notice

will be assumed to have been delivered lawfully if the notice is

pasted in a conspicuous place in one of the above stated

locations.

12.12 Corrective action :

Any person violating the provisions of these bye-laws shall be

fined Rs. 5000/- only on the day of detection and if the violation

continues shall be fined Rs. 100/- only for every day as a

corrective action after a written notice from the Authority or his

authorized officer is delivered to him.

Failure to operate (as determined by the Inspector or authorized

officer of MC Municipality from the observations of test results

182

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

and/or physical verification) the recycling plant will attract a

penalty of Rs. 500/- per day and/or disconnection of water

connection.

12.13 Authorization of Officers :

The Authority will authorize his officers/inspectors and will

delegate the necessary powers for carrying various duties under

this bye-law.

CHAPTER 13

CLIMATE RESILIENT CONSTRUCTION-INTEGRATION OF

ENVIRONMENTAL CLEARANCE WITH SANCTION

Land,

Air,

Noise,

Water,

Energy,

biological/socio-

economic/solid/other waste management are the main facts

considered in relation to Pre, during and Post. Building

Construction

for

Sustainable

Environment

Management.

Therefore, it is necessary for the building process to ensure

compliance to various conditions laid down by the Ministry of

Environment, Forest and Climate Change (MoEF and CC).

The building construction sector is a major contributor towards

carbon footprints which affects climate change. India is

committed towards mitigating the effects of climate change and

moving

towards

internationally

accepted

norms

for

environmentally friendly building construction. Currently this

objective of environmental safeguard is achieved through

obtaining a specific environmental clearance (EC) for any

construction project having a size of more than 20,000 sq. m.

This is administered under notification of Ministry of

Environment, Forest and Climate Change.

With rapid urbanisation and growth of Indian economy, it is

anticipated that the construction activity will experience a

proportionate growth. Government is also committed towards

streamlining of clearances for buildings and real estate sector and

empowering the urban local bodies with an objective of ease of

doing business.

13.1 Environmental conditions for compliance during Building

approvals :

The Ministry of Environment, Forest and Climate Change has

now decided to integrate the environmental concerns into

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 183

building plan approval process and empowering the concerned

local body/development authority to approve and certify

compliance of stipulated requirements. The new building

construction proposals are classified in the following 3

categories :—

(i)

Conditions for Category ‘A’ Buildings: Built-up Area

5000 sq. m.-20000 sq. m.

(ii) Conditions for Category ‘B’ Buildings: Built-up Area

20000 sq. m.-50000 sq. m.

(iii) Conditions for Category ‘C’ Buildings: Built-up Area

50000 sq. m.-150000 sq. m.

States are, therefore, advised to amend their building by-laws by

incorporating the set of conditions for each category A, B and C

as mentioned above either for the entire State/UT or clearly

identified part thereof, where they would like to integrate the

environmental clearance conditions with building permissions

and empower the local authority to examine, stipulate and

ensure

compliance

of

conditions

required

to

address

environmental concerns the State/UT should submit such

proposal/notification at draft stage as well as a copy of the final

notification to the MoEF and CC.

(a)

For building plans with a total built-up area between

5,000 sqm. and 1,50,000 sqm. and environment clearance

will be required to be synchronized with the building

regulations.

(b)

The concerned Urban local body, authorized to sanction

building plans, shall ensure at the time of sanctioning a

building plan that the environmental requirements

stipulated in Table 16.1 (for above 5,000 sqm. and up to

20,000 sqm.), Table 12.2 (for above 20,000 sqm. and up

to 50,000 sqm.) and Table 12.3 (for above 50,000 sqm.

and up to 1,50,000 sqm.), as the case may be, are

complied with.

184

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

Table 13—1 : Environmental Conditions for Building and Constructions

(Category “A” 5000 sq. m-20000 sq. m.)

S.

No.

Medium

Environmental conditions

MBBL

Ref.

Clause

1

Natural

Drainage

The inlet and outlet point of

natural drain system should be

maintained with adequate size of

channel for ensuring unrestricted

flow of water.

_

2

Water

conservations-

Rainwater

Harvesting and

Ground Water

Recharge

A rainwater harvesting plan needs

to be designed where the recharge

bores (minimum one per 5000

sqm of built-up area) shall be

provided. The rainwater harvested

should be stored in a tank for

reuse in household through a

provision of separate water tank

and pipeline to avoid mixing with

potable municipal water supply.

The excess rainwater harvested be

linked to the tube well bore in the

premises through a pipeline after

filtration in the installed filters.

Table 9.1

2 (a)

The unpaved area shall be more

than or equal to 20% of the

recreational open spaces.

10.2.1

(iv)

3

Solid Waste

Management

Separate wet and dry bins must be

provided at the ground level for

facilitating segregation of waste.

10.2.5 (b)

4

Energy

In common areas, LED/solar

lights must be provided.

10.2 (3)

5

Air Quality and

Noise

Dust,

smoke

and

debris

prevention

measures such as

screens,

barricading

shall

be

installed

at

the

site

during

_

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 185

S.

No.

Medium

Environmental conditions

MBBL

Ref.

Clause

construction.

Plastic/tarpaulin

sheet covers must be used for

trucks

brining

in

sand

and

material at the site.

5(a)

The exhaust pipe of the DG set, if

installed, must be minimum 10m

away from the building. In case it

is less than 10m away, the exhaust

pipe shall be taken up to 3m

above the building.

__

6

Green Cover

A minimum of 1 tree for every

80 sqm of land shall be planted

and maintained. The existing trees

will be counted for this purpose.

Preference should be given to

planting native species.

10.2.1 (i)

6(a)

Where the trees need to be cut,

compensatory plantation in the

ratio of 1:3 (i.e. planting of 3 trees

for every 1 tree that is cut) shall

be done with the obligation to

provide continued maintenance

for such plantations.

10.2.1 (ii)

Table 13—2: Environmental Conditions for Building and Constructions

(Category “B” 20000 sq.m.-50000 sq.m.)

S.

No.

Medium

Environmental conditions

MBBL

Ref. Clause

1

Natural

Drainage

The inlet and outlet point of natural

drain system should be maintained

with adequate size of channel for

ensuring unrestricted flow of water.

_

186

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

S.

No.

Medium

Environmental conditions

MBBL

Ref. Clause

2

Water

conservations-

Rainwater

Harvesting and

Ground Water

Recharge

A rainwater harvesting plan needs to

be designed where the recharge bores

(minimum one per 5000 sqm of built-

up area) shall be provided. The

rainwater harvested should be stored

in a tank for reuse in household

through a provision of separate water

tank and pipeline to avoid mixing with

potable municipal water supply. The

excess rainwater harvested be linked

to the tube well bore in the premises

through a pipeline after filtration in the

installed filters.

Table 9.1

2 (a)

The unpaved area shall be more than

or equal to 20% of the recreational

open spaces.

10.2.1 (iv)

3

Solid Waste

Management

Separate wet and dry bins must be

provided at the ground level for

facilitating segregation of waste.

10.2.5 (b)

4

Energy

In common areas, LED/solar lights

must be provided.

10.2 (3)

4(a)

At least 1% of connected applied load

generated from renewable energy

source such as photovoltaic cells or

windmills

or

hybrid

should

be

provided.

10.2

4(b)

As per the provisions of the Ministry

of New and Renewable energy solar

water heater of minimum capacity 10

litres/4 persons (2.5 litres per capita)

shall be installed.

1-2.4-IV

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 187

S.

No.

Medium

Environmental conditions

MBBL

Ref. Clause

4(c)

Use of fly ash bricks: Fly ash should

be used as building material in the

construction as per the provisions of

Fly Ash Notification of September,

1999 and as amended from time to

time.

10.2.6 (b)

5

Air Quality

and Noise

Dust, smoke and debris prevention

measures such as screens, barricading

shall be installed at the site during

construction. Plastic/tarpaulin sheet

covers must be used for trucks brining

in sand and material at the site.

_

5(a)

The exhaust pipe of the DG set, if

installed, must be minimum 10m away

from the building. In case it is less

than 10m away, the exhaust pipe shall

be taken up to 3 m above the building.

_

6

Green Cover

A minimum of 1 tree for every 80

sq.m. of land shall be planted and

maintained. The existing trees will be

counted for this purpose. Preference

should be given to planting native

species.

10.2.1 (i)

6(a)

Where the trees need to be cut,

compensatory plantation in the ratio of

1:3 (i.e. planting of 3 trees for every 1

tree that is cut) shall be done with the

obligation

to

provide

continued

maintenance for such plantations.

10.2.1 (ii)

188

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

Table 13—3: Environmental Conditions for Building and

Constructions (Category “C” 50000 sq.m. 150000 sq.m.)

S.

No.

Medium

Environmental conditions

MBBL Ref.

Clause

1

Natural

Drainage

The inlet and outlet point of

natural drain system should

be maintained with adequate

size of channel for ensuring

unrestricted flow of water.

_

2

Water

conservations-

Rainwater

Harvesting

and

Ground

Water

Recharge

A rainwater harvesting plan

needs to be designed where

the recharge bores separate

water tank and pipeline to

avoid mixing with potable

municipal water supply. The

excess rainwater harvested is

to be linked to the tube well

bore in the premises through

a pipeline after filtration in

the

installed

filters

(minimum one per 5000 sqm

of built-up area) shall be

provided.

The

rainwater

harvested should be stored in

a tank for reuse in household

through a provision of

Table 9.1

2 (a)

The unpaved area shall be

more than or equal to 20% of

the recreational open spaces.

10.2.1 (iv)

2(b)

The ground water shall not

be

withdrawn

without

approval from the BPIA.

2(c)

Use of potable water in

construction

should

be

minimized.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 189

S.

No.

Medium

Environmental conditions

MBBL Ref.

Clause

2(d)

Low

flow

fixtures

and

sensors must be used to

promote water conservation.

2(e)

Separation of grey and black

water should be done by the

use of dual plumbing system.

3

Solid Waste

Management

Separate wet and dry bins

must be provided at the

ground level for facilitating

segregation of waste.

10.2.5 (b)

3(a)

All non-biodegradable waste

shall be handed over to

authorized recyclers which a

written tie-up must be done

with the authorized recyclers.

3(b)

Organic waste composter/

vermin culture pit with a

minimum capacity of 0.3

kg/tenement/day

must

be

installed wherein the STP

sludge may be use3d to be

converted to manure which

could be used at the site or

handed over to authorized

recyclers for which a written

tie-up must be done with the

authorized recyclers.

4

Energy

In common areas, LED/solar

lights must be provided.

10.2 (c)

4(a)

At least 1% of connected

applied load generated from

renewable

energy

source

such as photovoltaic cells or

10.2

190

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

S.

No.

Medium

Environmental conditions

MBBL Ref.

Clause

windmills or hybrid should

be provided.

4(b)

As per the provisions of the

Ministry

of

New

and

Renewable

energy

solar

water heater of minimum

capacity 10 litres/4 persons

(2.5 litres per capita) shall be

installed.

1-2.4-IV

4(c)

Use of fly ash bricks: Fly ash

should be used as building

material in the construction

as per the provisions of Fly

Ash

Notification

of

September, 1999 and as

amended from time to time.

10.2.6 (b)

4(d)

Use of concept of passive

solar design of buildings

using architectural design

approaches that minimize

energy

consumption

in

buildings

by

integrating

conventional energy-efficient

devices, such as mechanical

and electric pumps, fans,

lighting fixtures and other

equipment, with the passive

design elements, such as

building

orientation,

landscaping,

efficient

building

envelope,

appropriate

fenestration,

increased day lighting design

and thermal mass.

10.2(3)

4(e)

Optimize

use

of

energy

systems in buildings that

10.2 (3)

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 191

S.

No.

Medium

Environmental conditions

MBBL Ref.

Clause

should maintain a specific

indoor

environment

conducive to the functional

requirements of the building

by

following

mandatory

compliance measures (for all

applicable

buildings)

as

recommended in the Energy

Conservation Building Code

(ECBC) 2007 of the Bureau

of

Energy

Efficiency,

Government of India.

5

Air

Quality

and Noise

Dust,

smoke

and

debris

prevention measures such as

screens, barricading shall be

installed at the site during

construction.

Plastic/

tarpaulin sheet covers must

be used for trucks brining in

sand and material at the site.

_

5(a)

The exhaust pipe of the DG

set, if installed, must be

minimum 10m away from

the building. In case it is less

than 10m away, the exhaust

pipe shall be taken up to 3 m

above the building.

_

6

Green Cover

A minimum of 1 tree for

every 80 sq. m. of land shall

be planted and maintained.

The existing trees will be

counted for this purpose.

Preference should be given

to planting native species.

10.2.1 (i)

192

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

S.

No.

Medium

Environmental conditions

MBBL Ref.

Clause

6(a)

Where the trees need to be

cut, compensatory plantation

in the ratio of 1:3 (i.e.

planting of 3 trees for every

1 tree that is cut) shall be

done with the obligation to

provide

continued

maintenance

for

such

plantations.

10.2.1 (ii)

7

Sewage

Treatment

Plant

Sewage treatment plant with

capacity of treating 100%

wastewater shall be installed.

Treated

water

must

be

recycled for gardening and

flushing.

4.32.4

8

Environment

Management

Plan

The

environment

infra-

structure

like

Sewage

Treatment

Plant,

Lands-

caping, Rainwater Harvest-

ing,

Power

backup

for

environment, infra-structure,

Environment

Monitoring,

Solid Waste Management

and

Solar

and

Energy

conservation, should be kept

operational

through

Environment

Monitoring

Committee

with

defined

functions and responsibility.

-

(Source: Model Building Bye-laws 2016, Town and Country

Planning Organisation, Ministry of Urban Development (now

Ministry of Housing and Urban Affairs-MOHUA)

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 193

CHAPTER 14

GENERAL REFERENCES

14.1 Facilities for physically handicapped persons :

For

requirements

regarding

Facilities

for

Physically

Handicapped Persons, reference shall be made to part 3

Development Control Rules and General Building Requirements

of the National Building Code, 2016 or its latest version which

shall apply.

14.2

Fire and Life Safety :

For requirements regarding Fire and Life Safety for different

Occupancies, reference shall be made to part 4 Fire and Life

Safety of the National Building Code, 2016 or its latest version.

14.3

Design and Construction :

For requirements regarding structural design, reference shall be

made to part 6 Structural design of the National Building Code.

For requirements regarding construction (including management

and safety), reference shall be made to part 7 Construction

Management, Practices and safety ‘of the National Building

Code, 2016 or its latest version.

14.4

Building services

14.4.1 Lighting and Ventilation :

For requirements regarding Lighting and ventilations for

different uses and occupancies reference shall be made to part 8

“Building Services”, Section 1 “Lighting and Natural

Ventilation” of the National Building Code, 2016 or its latest

version.

14.4.2 Electrical and Allied Installations (Including Lighting

Protection of Buildings and Solar Energy Utilization) :

For requirements regarding Electrical Installations in Buildings

Including Lighting Protection of Buildings reference shall be

made to part 8 “Building Services” Section 2 Electrical and

Allied Installations of the National Building Code, 2016 or its

latest version.

194

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

14.4.3 Air Conditioning, Heating and Mechanical ventilation :

For requirements regarding design, construction and installation

of Air Conditioning, Heating and Mechanical ventilation

systems, reference shall be made to part 8 “Building Services”

Section 3 Air Conditioning, Heating and Mechanical ventilation

of the National Building Code, 2016 or its latest version.

14.4.4 Acoustics, Sound Insulation and Noise Control :

For requirements regarding the desired Noise levels and sound

Insulation in different occupancies reference shall be made to

part 8 “Building Services” Section 4 Acoustics, Sound Insulation

and Noise Control of the National Building Code, 2016 or its

latest version.

14.4.5 Installation of Lifts Escalators and Moving Walks :

Provision for Lifts shall be made for buildings 15 m. or more in

height For requirements regarding planning, designing and

installation etc. of Lifts Escalators, reference shall be made to

part 8 “Building Services” Section 5 Installation of Lifts

Escalators and Moving Walks of the National Building Code,

2016 or its latest version.

14.4.6 Information and Communication Enabled Installations :

For requirements regarding Information and Communication

Enabled Installations in Buildings reference shall be made to

Part 8 “Building Services” Section 6 Information and

Communication Enabled Installations of the National Building

Code, 2016 or its latest version.

14.5

Plumbing Services (Including Solid Waste Management) :

For requirements regarding water supply, drainage and

Sanitation, Solid Waste Management and gas supply reference

shall be made to part 9 “Plumbing Services (Including Solid

Waste Management)” of the National Building Code, 2016 or

its latest version.

14.6

Landscape Development :

For requirements regarding Landscape development, reference

shall be made to part 10 ‘Landscape Development and Sign and

outdoor display structures’ Section 1 Landscape Planning and

Development of the National Building Code, 2016 or its latest

version.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 195

14.7

Sign and outdoor display structures :

No advertising signs (including hoarding) on buildings or on

land shall be displayed without the prior approval of the

Authority. The standards specified in Section-2 of part 10 Signs

and outdoor display structures of National Building Code, 2016

or its latest version.

14.8

Sustainability :

For requirements regarding sustainable buildings and built

environment, reference shall be made to part 11 ‘Approach to

Sustainability’ of the National Building Code, 2016 or its latest

version.

14.9

Asset and Facility Management :

For requirements regarding Asset and Facility Management in

respect of Existing Buildings and services thereof, reference

shall be made to part 12 Asset and Facility Management of the

National Building Code, 2016 or its latest version.

14.10 Energy Conservation Building :

For requirements regarding Energy Conservation Building

guidelines reference shall be made to Energy Conservation

Building Code, 2017 or its latest version & the J&K UT ECBC

whenever framed.

Note:—Whenever an Indian Standard including those referred in

the National Building Code or the National Building

Code is referred; the latest revision of the same shall be

followed except specific criteria, if any, mentioned

above against that code.

14.11 Health Guidelines :

Refer guidelines issued by Department of Health, Family

Welfare and Medical Education, Government of Jammu and

Kashmir.

14.12 Education Guidelines :

Refer SRO-123 or latest guidelines issued by Department of

Education, Government of Jammu and Kashmir.

14.13 Sports Guidelines :

Refer

latest

guidelines

issued

by

Sports

Department,

Government of Jammu and Kashmir.

196

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

APPENDICES

Appendix “A”: Form for Application to Erect, Re-Erect or to make

Material Alteration in any place in a building

(To be submitted in duplicate)

To

Commissioner/Vice-Chairman/Secretary,

Development Authority/Municipal

Corporation/Council/Committee.

Sir,

I hereby give notice on behalf of Shri………………………….(owner)

that the owner intends to erect/demolish or make alteration in the

building number or to on/in Plot No…………………….………….

Block No…………………..House No……………………...situated at

……………………………………………...….Scheme...……………and

in accordance with the building Bye-Law No………………………and I

forward herewith, the following plans and specification duly signed by

me and by the owner :—

1.

Site plan

2.

Building Plan

3.

Service Plan

4.

Parking and circulation plan

5.

Landscape Plan

6.

General Specifications (in attached form)

7.

Ownership Title (Lease/Conveyance/Sale Deed, etc.)

8.

Other document, as required.

(ii) The building plan has been prepared strictly as per the

approved Building Bye-Laws and relevant IS Codes/provisions

of NBC. The construction shall be carried out in accordance

with the building plan and I shall be completely accountable for

any lapse on my part up to within 6 months after obtaining

completion certificate of the building.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 197

(iii) The Building permit fee as required under bye-laws has been

deposited vide receipt No……………dated.…………………

(Photocopy enclosed).

(iv) I am aware that in the event of building being constructed in

violation of the sanctioned building plan approval, the

Authority shall have the right to take action against me as it

may deem fit including referring the matter to concerned

professional and statutory councils for taking disciplinary

action against me.

……………………….........

Signature of the Owners

Name of the owner(s)

...................................................

Address of the owner(s)

.....................................................

……………………….........

Signature of Registered

Architect/Engineer/Supervisor

Registration No. of the

Architect/Engineer/Supervisor

....................................................

Address of the Architect/

Engineer/ Supervisor

....................................................

Encl. : As stated above.

Dated: ………………

———

198

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

Appendix “A-1”

Statement of the Proposal and Certificate

By the Owner and Registered Architect—

Classification of the Proposal…………………………………………

(To erect/re-erect/demolition)

Scheme/Colony……………...………Plot No.……….....………….…

Plot Area ……………………………. sq.m. size (in m)

Area Statement :

Description

Permissible

Proposed sq.m. Remarks sq.m.

Max. Ground

coverage

Basement

Ground Floor

First Floor

Second Floor

Third Floor

Total Floor area

Floor Area Ratio

No. of Dwelling

Units

Maximum height (in m) :

Setbacks

As per approved Layout

plan (m.)

Proposed

(m.)

Front

Rear

Left

Right

Parking Details :

Building Use

Parking Required as per

Building Bye law

Proposed

(m.)

Residential

Commercial

PSP

Other…

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 199

(ii) Fees and Charges :

(a) Building Permission Fess ……………..

(b) Infrastructure Development Fees……………..

(c) Additional Floor Space Fees ……………

(d) Any other (as applicable)…………………

Total Amount as per details above……………..

Receipt No….................................... Dated….................................

We hereby certify that—

1. The plot in question forms part of the approved layout plan and

its location size and area conform to the approved layout plan

and lease/sale deed/NOC of the lease Administration Branch of

concerned Development Authority.

2. Plot is lying vacant and no construction shall be started before

sanction.

3. The plot is free from all encumbrances (owner responsibility).

4. The period of construction valid up to ......................... As per

the lease condition/further extension of time for construction

granted by the lessor is valid up to ........................ Time

construction obtained from the lease Administration Branch,

Concerned Development Authority.

5. Size of each dwelling unit is not more than 300 sq.m.

Signature of Owner

Signature of Registered Architect

Name.....................................

Name...............................................

………………………………

Registration No. ………………….

Address………………………

Address…………………………..

……………………………….

……………………………………

Dated…………………………

……………………………………

Authority Letter

I hereby authorize Mr./Mrs............................................... to collect the

sanction whose signature is verified below: —

Specimen signature of the owner(s)/Registered Architect/Mr./

Mrs.....................................................................................................

Dated received........................................ Date ....................................

(Signature of authorized person/owner/Registered Architect)

Dated.................................. Remark, if any...............................

————

200

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

Appendix “A-2”

Form for Specifications of Proposed Building

The purpose (Residence, Office, Restaurant, Hotel, Dharmshala, School,

Hostel Cinema, Shop, Factory Others) for which it is intended to be

used……………………………………………………………………….

Table A-2: 1 Details of coverage on respective floor are given below:

S.

No.

Floor

Existing

(sq.m.)

Proposed

(sq.m.)

Total (sq.m.)

1.

Basement Floor

2.

Ground Floor

3.

Mezzanine Floor

4.

First Floor

5.

Second Floor

6.

Third floor

7.

………………..

(a) Approximate

number

of

in

habitants

proposed

to

be

accommodated……………………………………………………

(b) The number of latrines, Urinals, Kitchens, Baths to be

provided……………………………………………………………

(c) The source of water to be used in the construction..………

………………………………………………………………..……

..……………………………………

(d) Distance from public sewer………………………….………..…

(e) The materials to be used in construction Walls/Columns/

Foundations/Roof/Floors…………………………….…………….

Signature of Registered Architect/Engineer/Supervisor

Name………….……………………………………

Registration No……………………………………

Address………………………..……………… …..

……………………………….……………………

————

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 201

Appendix “A-3”

Form for Supervision

To

The Commissioner/Vice-Chairman/Secretary,

Development Authority/Municipal Corporation/Council/Committee.

Sir,

I hereby certify that erection/re-erection demolition or material

alteration in/of Building No…………………….on/in ……………….

Plot No………………….in Block No……………………… situated at

…………………………... scheme………...… shall be carried out under

my supervision and I certify that all the materials (type & Grade) and

workman ship of the work shall be generally in accordance with the

general specification submitted along with and the work shall be carried

out according to the sanctioned plans which also included the services

like drainage, sanitary, water supply, and electrical.

Signature of Registered Architect/Engineer/Supervisor

………………………………………………………….

Name of Registered Architect/Engineer/Supervisor

(In block letters) ………………………………...……....

Registration No. of Architect/Engineer/Supervisor

………………………………………………………

Address of Registered Architect/Engineer/Supervisor

……………………………………………………

Dated: …………………………

————

202

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

Appendix “A-4”

Undertaking for Payment of Other and Peripheral Charges

Note:—It should be on non-judicial stamp paper of specified

amount

attested

by

Notary

Public/First

Class

Magistrate.

Undertaking

I, ……………………………Son of Shri………………..………

aged………....Years residents of ……………..…………Owner of

Plot No.………………… in…………………...…..Co-operative

Housing Building Society Ltd………………............…hereby

under take to pay the balance of peripheral and other charges

as and when required by the concerned Authority and in this regard

Authority’s decision will be finally binding on me.

Executed by me as……………….on day of……………… 2004.

……………………………….

Executant

Witness :

1……………………………

2……………………………

————

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 203

Appendix “A-5”

Affidavit-cum-Undertaking

(Affidavit of Competent Professional on Rs. 2/- Non-Judicial

Stamp paper of specified amount to be attested by Notary

Public/Metropolitan Magistrate)

I, …………………………………son of…….………………………

Architect by profession having office at………………………… do

hereby solemnly affirm and declare as under:—

1.

That I am a Licensed Architect/Engineer/Supervisor/Plumber

duly

registered

with

the

Authority

vide

registration

No.……………………….……………

2.

That I have been engaged as a Competent Professional as per

Table 2—2: Procedure for Building Permission of Non-

Residential Use Building of the bye-laws for preparing the

building plans and to supervise construction in respect of Plot

No………...Block No………………… situated at……………

3.

That I have prepared the building plans in respect of the

aforesaid plot.

4.

That I have studied the layout plan of the colony and gone

through the instructions, policy decisions and other relevant

documents in respect of the plot and colony.

5.

That I have personally inspected the site. The plot under

proposal forms part of the approved layout plan with respect to

its location, size shape and area of the plot and proposed land use

is also in conformity with the approved layout plan. The plot has

been demarcated at site and the size, shape and area of plot

available at site tallies with the approved layout plan.

6.

That the ownership documents are in the shape of registered

sale deed/lease deed in favour of the applicants and have been

thoroughly examined and the ownership in favour of the

applicant is in order.

7.

That there is no construction inexistence at the plot and no

construction shall be started before sanction of the building

plans.

204

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

8.

That there is no encroachment on the Municipal land/road/other

property and road widths as shown in the layout plan are

available at site.

9.

That the proposal is in conformity with the terms and condition

of lease deed which is still valid and period of construction as

per lease deed and the extension granted by the lessor is valid up

to……………………………

10.

That the proposal has been prepared strictly in accordance

with the

Master Plan/Zonal Plan/Building Bye-Laws

rules regulation and practice of the department and no

misinterpretation on inference of provision of Building Bye-Law

has been done while preparing the plans. The construction shall

be carried out strictly in accordance with the sanctioned building

plans and in case any deviation is carried out, I shall inform the

concerned Authority within 48 hours.

11.

That in case the owner dispenses with my services at any stage

whatsoever, I shall inform the concerned Authority within 48

hours.

12.

That the size of each dwelling unit is not more than 300 sq. m.

13.

That mandatory setbacks have been proposed and shall be

maintained in accordance with the setbacks marked in the layout

plan/Master Plan/Zonal Plan/Building Bye-Laws.

14.

That before submission of the proposal, necessary information/

clarification have been obtained from the concerned department

of the concerned Authority. The plot is safe and is not affected in

any scheme or the road widening. Building activities for

residential use are allowed with number of storeys as per

approved layout plan.

15.

That no development/additional development/deficiency charges

are payable, against this plot (in case development/additional

development/deficiency charges are payable then its details be

given in the separate para).

16.

That no non-compoundable deviations shall be carried out

during the course of construction.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 205

17.

That nothing has been concealed and no misrepresentation has

been made while preparing and submitting the building plans.

18.

That in case anything contrary to the above is found or

established at any stage, the concerned Authority shall be at

liberty to take any action as it may deem fit including revocation

of sanction of building plans and debarring me for submission of

building plans with the Authority under the scheme and also

lodge a complaint with the Council of Architecture for

appropriate action.

Deponent.

Verification :

I the above-named deponent do hereby verify at ……………………

on this…………….of…………..20………that contents of the above

affidavit are true and correct to my knowledge. No part of it is false

and nothing has been concealed therefrom.

Deponent.

————

206

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

Appendix “A-6”

Building Permit/Sanction

File No………………… Dated………………………….

To

Subject :—Sanction under section……………… Dear Sir or Madam.

————

With reference to your application dated……………….. for the

grant of sanction to erect/re-erect/add to/alteration in the building to

carry out the development specified in the said application relating to

Plot No……………….…… Block No…………..……………situated in/

at……………………………………. I have to state that the Authority

subject to the following conditions and corrections done in the plans has

sanctioned the same on………………………………………….:—

1. The plans are valid up to ………………… day……………

months………. year ……………

2. The construction will be undertaken as per sanctioned plan only

and no deviation from the bye-laws will be permitted without

prior sanction. Any deviation done against the bye-laws is liable

to be demolished and the supervising Architect engaged on the

job will run the risk of being blacklisted.

3. Violation of Building Bye-Laws will not be compounded.

4. It will be the duty of the owner of the plot and the Architect

preparing the plans to ensure that the sanctioned plans are as per

prevalent Master Plan/Zonal Plan/Building Bye-Laws. If any

infringement of bye-laws remain unnoticed, the concerned

Authority reserves the right to amend the plans as and when

infringement come to the notice and concerned Authority will

stand indemnified against any claim on this account.

5. A notice in writing shall be sent to Authority before

commencement of the constructions of the building as per bye-

laws. Similar notice will be sent to Authority when the building

has reached up to plinth level.

6. The owner shall not occupy or permit to occupy the building or

use or permit to use the building or any part thereof affected by

any such work until Completion Certificate is issued by the

concerned Authority.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 207

7. Concerned Authority will stand indemnified and kept harmless

from all proceedings in court and before other authorities of all

expenses/claims which the concerned Authority may incur or

become liable to pay as a result or in consequences of the

sanction accorded by it to these building plans.

8. The doors and window leaves shall be fixed in such away that

they shall not, when open project on any street.

9. The owner will not convert the house into more dwelling units

on each floor then the sanctioned.

10. The building shall not be constructed within minimum distance

as specified in Indian Electricity Rules from voltage lines

running onside of the site.

11. The land left open as a consequence of the enforcement of the

setback rule shall form part of the public street.

12 The owner shall ensure that the public areas like road, parks and

other public opens spaces are not used for stacking the building

materials or machineries to avoid public inconvenience and

nuisance.

13. The sanction will be void if auxiliary conditions mentioned

above and other conditions whatsoever imposed are not

complied.

14. The owner will use the premises for the use, which has been

sanctioned.

15. The owner will not proceed with the construction without having

the supervision of an Architect/Engineer as the case may be. If

he/she changes his Architect/Engineer, he/she shall inform the

Authority about the appointment of new Architect/Engineer

within 48 hours, with a proper certificate from him.

Yours Faithfully.

For ……………………………

Encl. : A set of sanctioned plan.

————

208

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

Appendix “A-7”

Form for Refusal of Building Permit

To

File No…………………………….

Dated

………………………………

Sir.

With reference to your application No…………………….

dated……………….. for the grant of sanction for the erection

of building/execution of work in House No. ………….. Plot No.

………..Block

No……………………….Scheme………………

situated at…………………………….I have to inform you that

building

permit

under

relevant

provisions

of

the

Act

of…………………………. has been refused on………………………

on the following grounds :—

1.

2.

3.

4.

5.

Yours faithfully

For………………………..

Authority.

————

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 209

Appendix “A-8”

Form of Revalidation

File No. ……………………….

Dated………………….

Shri/Madam …………………………………

………………………………………………..

………………………………………………..

———

Subject :—Revalidation of Building Plans relating to plot

No………….Block No………. Scheme………………….

———

Dear Sir/Madam, Block No.

1.

With reference to your application dated…………on the

subject cited above, I am directed to inform you that your

building plan which were sanctioned on……………. vide

file No ………..................................…. have been revalidated

up to ……………………………

2.

Original sanctioned plan submitted by you is also returned

herewith.

3.

Please acknowledge receipt.

Yours Faithfully

For ……………………………

Authority.

Encl. : As above.

————

210

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

Appendix “A-9”

Information for Intimation of Completion of Work up to Plinth Level

To

The ………………………………

…………………………Authority.

Sir,

The construction up to plinth/column up to plinth level has been

completed in Building No……….……………………….. on/in

Plot No……………………..Scheme No…………….. Road/Street

……………………Ward……………………………in accordance

with your permission No………………..… dated………………..

under my supervision and in accordance with the sanctioned plan.

Yours faithfully

Signature of Licensed Architect/Engineer/Supervisor

Name…………………………….. (In Block letters)

Address:……………………………………………..

.……………………………………………………...

Date :…………….

————

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 211

Appendix “A-10”

Inspection Report

I, ………………………………working as a ……………………………

with …………… have carried out the inspection of Building No……….

on/in

Plot

No……………..

Scheme

No.……………….Road/

Street………………Ward..…………….. in accordance with permission

No………………...dated…………….….....The

following

deviation

from the sanctioned plans have been noticed which are against the

provision of Master Plan/Bye-Laws are of non-compoundable nature :—

Description of deviations noticed:…….…………………………………

………………………………………………………

………………………………………………………

………………………………………………………

You may not proceed with further work till such time the deviations

made are rectified and construction brought in conformity to sanction

plans.

Yours Faithfully

For…………………………………

…………………………………….

…………………………………….

BPIA

Office No……………………………..

Office Stamp………………………….

Date…………………………………...

————

212

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

Appendix “A-11”

Form of Notice of Completion

(To be submitted along with prescribed fee for notice of completion and

other relevant documents)

To

The ……………………………….

…………………………Authority.

Dear Sir,

I/we hereby give notice that I/we have completed the erection of

building/execution of the works in Plot No ………… Block No……….

Scheme…………………… situated at…...………………. in pursuance

of the sanction granted by the Authority vide File No………………

dated………………………I/we are enclosing all reports of the

Authority inspection carried out during construction period.

2. Permission to occupy or use the building may be granted.

Yours Faithfully

Signature of owner……………………

Name of owner ………………………

(In Block Letters)

Address of the owner …………………

…………………………………………

Dated :…………………..

Encl. : As above.

————

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 213

Appendix “A-12”

Form for Certificate of Architect/Engineer/Supervisor

(To be submitted along with notice of completion)

To

The ……………………………….

…………………………Authority.

Dear Sir,

We hereby certify that the erection, re-erection or material alteration in/at

building No………………………….. on in Plot No……...……………

Block No…………….Scheme…………….situated at……………...has

been supervised by me and has been completed on ……………….

according to the plans sanctioned, vide office communication

No………………. dated…………………..The work has been completed

to our best satisfaction, the workmanship and all the materials (type and

grade) have been used strictly in accordance with general and detailed

specifications. All the drainage/Sanitary/Water Supply work has been

executed under our supervision and as per Building Bye-Laws.

No provisions of the Building Bye-Laws and condition prescribed or

order issued there under have been transgressed in the course of the

work. The building is fit for use for which it has been erected/re-erected

or altered/constructed and enlarged.

2. Certificate:

(i)

Certified that the building(s) has been constructed according

to the sanctioned plan and structural design (one set of

structural drawings as executed is enclosed) which in

corporate the provisions of structural safety as specified in

relevant

prevailing

NBC

Part

6

and

IS

codes

standards/Guidelines.

(ii) Further certified that water harvesting as well as waste water

re-cycling systems have been provided as per the sanctioned

building plan.

(iii) It is also certified that construction has been done under our

supervision and guidelines and adheres to the drawings

submitted and the records of supervision have been

maintained by us.

214

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

3. Permission to occupy of use the building may be granted.

4. Any subsequent change from completion drawings will be the

responsibility of the owner(s)

(a)Signature of the owner

with date

Name in Block Letters

Address

(b)Signature of the Architect/ Engineer

with date

Name in Block letter, Licence No.

Address

(c) Signature of the Structural

Engineer with date (for

certificate 1)

(as defined in NBC of

India)

Name in Block Letters

(d)Signature of Supervisor/Engineer/

Group/Engineer with date

Name in Block letters, Licence No.

Address

Dated :………………………

————

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 215

Appendix “A-13”

Building Use Certificate

File No………………………...

Plan No……………………….. Dated :……………………….

Shri/Miss/Smt……………………….

………………………………………

Building Use Certificate

With reference to your notice of completion dated……………

I hereby certify that building as per description below certified plan at

Plot

No…………Block

No………Scheme…….……………………

situated at ……………………...………whose plans were sanctioned

vide No……………………has been inspected with reference to

Building Bye-Laws in respect to the structural safety, fire safety,

hygienic and sanitary conditions and proposed rainwater harvesting

systems inside and, in the surroundings, and is declared fit for occupation

and release of regular water and electricity connections. The description

of the construction work completed is given as under :—

Description of Construction Work Block-wise/Building-wise.

1. Block Building No.

2. Details of Completed Work floor-wise.

Commissioner of Authority.

————

216

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

Appendix “A-14”

Form of Rejection or Compliance in Respect of Completion Certificate

File No…………………………….

Dated:…………………………......

Sh./Smt…………………………………….

……………………………………………..

Subject :— Completion certificate in respect of Plot No…………………

————

Dear Sir/Madam,

(1)

With reference to your letter dated............................................

(2)

With reference to your notice of completion dated.......................

(3)

In

continuation

of

this

office

letter

of

even

No…………………..dated................on the subject noted above,

I am directed to inform you that your case has been examined

and Completion Certificate is rejected for the reasons as given

below :—

Yours faithfully

For…………………………….

………………………Authority.

1.

…………………………………..

2.

…………………………………..

3.

…………………………………..

4.

…………………………………..

———

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 217

Appendix “B”

Handing Over Land Required for Road Widening

Affidavit/Undertaking

(For Handing Over Land Required For Road Widening)

That I/we have submitted building plans for construction of building on

plot No.............. Block No.........................located at...........................to

the ..........................under Sanction..................... of the ....................Act

for favour of sanction.

I/we undertake to hand over the land required for road widening as

shown on site plan to concerned Authority free of cost as and when

asked by........................to do so.

I/we have already understood that the........................is granting sanction

on the basis of my undertaking.

If I/we fail to do so, the sanction so accorded shall be revoked and

construction done as consequence thereof shall be deemed to have done

unauthorizedly and shall be actionable u/s ..........................of the

............................Act.

Deponent.

Verification

I/we verify that the contents of the above undertaking are correct to the

best of my knowledge and belief and nothing material has been

concealed therefrom.

Deponent.

—————

218

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

Appendix “C”

Proforma to be submitted by the Owner

1.

Name, Status and Address of the applicant .

2.

Name of the Architect and address with Registration Number

with Council of Architecture.

3.

Details of the property/plot —

(a) Location.

(b) Boundaries.

(c) Area in sq.m. with dimensions (net plot area).

(d) Width of the roads.

4. Land use —

(a) Master Plan.

(b) Zonal Development Plan.

(c) Approved Layout Plan.

5. Title —

(a) Free Hold.

(b) Leasehold under notification for acquisition if lease hold

permission of less or for construction under the leasehold

condition obtained.

(c) Whether under acquisition, if so give details.

6. Whether the plot/land is affected under the Urban Land (Ceiling

and Regulation) Act, 1976. If so, copy of the NCO from the

concerned Authority be furnished.

7. Proposals—

(a) Land use .

(b) Coverage on each floor with proposed use of the floor

space including basement.

(c) FAR.

(d) Height.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 219

(e) No. of floors.

(f)

Envelope controls/setbacks.

(g) Parking norms.

Encl. :

1. Ownership title .

2. Permission to construct under the lease.

3. Permission under the Land Ceiling Act, 1976.

4. Site/Location Plan.

5. Tentative proposals to explain the scheme.

Signature of Architect

Name......................................

Reg. No.................................. Address.....................................

Signature of the owner

Name........................................ Address...................................

———

220

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

Appendix “D”

Penal Action for violation of provisions of Master Plan, Zonal Plans and

Building Bye-Laws.

(A) Non-Compoundable Items :

Any deviations except those set-in para “AA” hereunder, from the

maximum, minimum prescribed limits regarding—

1.

Coverage,

2.

F.A.R.,

3.

Setbacks,

4.

Open spaces,

5.

Total height of the building,

6.

No. of floors,

7.

No. of DUs and density,

8.

Parking norms,

9.

Light and Ventilation provisions,

10.

Land Use,

11.

Access road requirement,

12.

All other provisions of these Bye-laws except item given in

para ‘B’ below shall not be compounded/regularized and shall

have to rectified by altering/demolition at the risk and cost of

owner. Besides this any other action as per terms and

conditions of lease and provisions of Act shall proceed.

(A. A.) Compounding Excess Coverage/FAR :

1. Deviations in the coverage/FAR to the extent of 5% of the

permissible coverage/FAR or 13.5 sq.m. whichever is less in

building(s) use premises, other than building(s) use premises

where 100% ground coverage and fixed height is allowed as per

Architectural control forming part of comprehensive schemes

like District Centre, Community Centres, Cluster Court Housing

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 221

etc. may be compounded after levying penalty at the following

Rates:—

Rates of excess coverage/floor area:

Up to 5% of excess coverage/FAR a one-time compounding fee

equivalent to the land rated in the concerned locality applicable

at the time of the application for compounding.

2. For excess coverage/FAR for above 5%. Any excess coverage

above 5% or 13.5 sq.m whichever is applicable would be liable

to demolish to that extent.

3. Compounding at set back Infringements :

The infringements of the setbacks maximum to the extent of

30 cm (1 ft.) may be compounded by way of levying

compounding fee at the following rates :—

Infringements

Residential

Buildings

Non-Residential

Buildings

Up to 15 cm (6 inch)

Rs. 1000 per sq.m.

of area infringing

the set back

Rs. 2500 per sq.m.

of area infringing

the set back

Above 15 cm (6 inch) Rs. 2000 per sq.m

of area infringing

the set back

Rs. 5000 of area of

the infringing the

set back

(B. B.) Compoundable Items :

If a building or part thereof has been constructed unauthorized, i.e.

without obtaining the requisite building permit from the concerned

Authority as required under the Building Bye-Laws, the same shall be

compounded at the following rates provided the building or part thereof

so constructed otherwise conforms to the provisions contained in the

Building Bye-Laws and Master/Zonal Plan regulations. For this party

shall have to submit the request for building permit in the prescribed

procedure.

Rates:

(a) Rs. 50 per sq.m. of the covered area constructed unauthorized in

residential building up to 500 sq.m. Plot size.

(b) Rs. 100 per sq.m of the covered area constructed unauthorized in

the building categorized below:—

• All Govt. Public and Semi-Public and Utility Buildings.

• Religious, Institutional and Educational Buildings.

222

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

(c) Rs.

250

per

sq.m.

of

the

covered

area

constructed

unauthorizedly—

• Residential building above 500 sq.m. plot size, Group

Housing and Guest Houses.

• Industrial Buildings.

• Storage buildings (underground or above ground)

(d) Rs. 1000 per sq.m. of covered area constructed unauthorizedly—

• Cinema and Theatre Building.

• Petrol Pumps (Filling/Service Station).

• Hazardous Buildings.

• Commercial/Business Buildings.

1. The buildings not covered specifically under the above

categories shall be compounded as decided by the Authority,

considering merits of each individual case.

2. Items which are exempted from the calculations of the coverage

and FAR e.g. canopy, basement if used for parking and services,

loft, etc. but constructed unauthorizedly without obtaining prior

permission from the Authority, but within the permissible limits

shall also be compounded/regularized at the rate prescribed

above.

3. Deviations of the building Bye-laws other than specified in (A)

(Non-compoundable)

Deviation up to the maximum extent of 10% from the

maximum/minimum prescribed limit (as prescribed by the

building Bye-laws) shall be compounded at the following

rates :—

(a) In case of deviations of areas of various components of the

building, the rate of penalty will be @ Rs. 50/- per 1%

deviation.

(b) For deviations in terms of height the penalty shall be @

Rs. 50/- per 1% of deviation for every 10 sq.m. or part

thereof of the affected area.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 223

(c) Deviations from the prescribed limit of width, length,

penalty shall be @ Rs. 50/.—per 1% of the deviation for

every 10 sq.m. or part thereof of the affected area.

The Authority if satisfied that there are other deviations of

general nature, which are not described above, may fix

rates for compounding such deviations. However, there

shall be no further relaxation in FAR and coverage over

that permitted above.

Revision of all fees and charges under consideration for

compounding and regularization shall be revisited by the

Authority from time-to-time based on the Schedule of rates.

————

224

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

Appendix “E”

Technical Aspects and Options of Rainwater Harvesting in Built forms

and open spaces

Introduction

The storage of rainwater on surface is a traditional technique and

the structures used were underground tanks, ponds, check dams,

weirs etc. Recharge to ground water is a new concept of

rainwater harvesting and the structures generally used are :—

(a) Pits.—Recharge pits are constructed for recharging the shallow

aquifer. These are constructed 1 to 2m, wide and to 3m. deep

which are back filled with boulders, gravels, coarse sand.

(b) Trenches.—These are constructed when the permeable stream is

available at shallow depth. Trench may be 0.5 to 1m. wide, 1 to

1.5m deep and 10 to 20m long depending up availability of

water. These are back filled with filler materials.

(c) Dug wells.—Existing dug wells may be utilized as recharge

structure and water should pass through filter media before

putting into dug well.

(d) Hand pumps.—The existing hand pumps may be used for

recharging the shallow/deep aquifers, if the availability of water

is limited. Water should pass through filter media before

diverting it into hand pumps.

(e) Recharge wells.—Recharge wells of 100 to 300 mm. diameter

are generally constructed for recharging the deeper aquifers and

water is passed through filter media to avoid choking of recharge

wells.

(f) Recharge Shafts.—For recharging the shallow aquifer which

are located below clayey surface, recharge shafts of 0.5 to 3 m.

diameter and 10 to 15 m. deep are constructed and back filled

with boulders, gravels and coarse sand.

(g) Lateral shafts with bore-wells.—For recharging the upper as

well as deeper aquifers lateral shafts of 1.5 to 2 m. wide & 10 to

30 m. long depending upon availability of water with one or two

bore wells are constructed. The lateral shafts are back filled with

boulders, gravels and coarse sand.

(h) Spreading techniques.—When permeable strata start from top

then this technique is used. Spread the water in Streams/Nalas by

making check dams, nala bunds, cement plugs, gabion structures

or a percolation pond may be constructed.

———

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 225

Appendix “F”

Number and Type of Lifts Required for Different Occupancies and Space

for Electrical Installations

1. The number and type of lifts required depending on the capacity

of lift, desired speed nature of operation are as given in table

below:—

TableF-1: Number and types of lifts for non-residential

Multi-storeyed Building

Sl.

No.

No. of

floors

Capacity

of lifts in

person

Speed

m/s

No. of persons that can be carried by a lift

In 6 min

In 30 min.

In 50 min.

In 60 min.

Man-

ually

Oper-

ated

Auto-

matic

Man-

ually

Oper-

ated

Auto-

matic

Manu-

ally

Oper-

ated

Auto-

matic

Manu-

ally

Oper-

ated

Auto-

matic

1

2

3

4

5

6

7

8

9

10

11

12

1

7

6

0.6-0.75

17

-

102

-

170

-

204

-

2

7

8

0.6-0.75

22

-

132

-

220

-

-

-

3

7

10

0.6-0.75

26

-

156

-

260

-

312

-

4

7

10

1.0

30

-

180

-

300

-

360

-

5

7

13

1.0

37

-

122

--

370

-

444

-

6

11

6

0.6-0.75

11

-

70

-

115

-

140

-

7

11

8

0.6-0.75

15

-

90

-

150

-

180

-

8

11

10

0.6-0.75

18

-

108

-

180

-

216

-

9

11

13

0.6-0.75

22

-

132

-

220

-

264

-

10

11

10

0.6-0.75

21

-

126

-

210

-

252

-

11

11

10

1.5

24

-

144

-

240

-

288

-

12

11

13

1.5

28

-

156

-

260

-

312

-

13

11

13

1.5

32

-

180

-

300

-

-

-

14

16

10

1.0

17

-

100

126

170

210

-

252

15

16

13

1.5

20

24

120

145

200

240

248

290

16

16

13

1.5

23

30

138

180

230

300

-

360

17

16

16

1.5

25

33

150

198

250

330

300

356

18

21

10

1.5

18

32

108

132

180

220

214

264

19

21

13

1.5

21

26

126

156

210

250

250

312

20

21

14

1.5

23

28

138

168

230

280

-

-

226

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

Note-1:

(a) For all non-residential buildings, the traffic cleared in 50

minutes is considered adequate and is approved by

Authority. As such for calculation the number of lifts

required, the rate of the clearance of traffic in column 9

and 10 and the population may be taken into consideration.

(b) In addition to total number of lifts required as above,

provision of one lift of the same capacity may be

considered to serve as stand-by.

Note-2: The population may be worked out on the basis of useful

carpet area which the person occupy (excluding area of

Verandah, Lobbies, Halls, Passages, Lavatory blocks, etc.)

Note-3: The population on ground and first floor may not be taken

into consideration since these floors are not generally

served by lifts.

Note-4: 0.75 m per sec.

Equivalent to 150 ft. per Min

1.00 m per sec.

Equivalent to 200 ft. per Min.

1.5 m per sec.

Equivalent to 300 ft. per Min.

Note-5: The height of buildings for lift installation i.e. the travel on

the lift presumed in the above statements is as below:—

7 floors 21.0 m.

11 floors 33.0 m.

16 floors 48.0 m.

21 floors 64.0 m.

Table F-2: Number and types of lifts for Residential Building

Sl.

No.

No. of

Floors

No.

Passen-

ger unit

capacity

Persons

Speed in

m/s

Land-

ing

Gate

Type

Central

System

Service

Lift

No.

Capa-

city

Persons

Type

of

Gate

Cent-

ral Sys-

tem

1

2

3

4

5

6

7

8

9

10

11

1

5 to 8

2

6

0.0 to 0.5

*

Automatic

push button

operation

both from

car and

landing

-

-

-

Push

button

car

handle

switch

control

2

9 to 12

2

8

0.6 to 1

*

--do--

1

8

-

Push

button

car

handle

switch

control

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 227

1

2

3

4

5

6

7

8

9

10

11

3

11 to 13

2

1

8

6

0.6 to

0.74

*

Power

operat

ed

doors

--Do--and

without

collection

system

--do--

1

8

-

Push

button

car

handle

switch

control

4

13 to 19

2

2

8

8

1

1

-

Power

operat

ed

doors

--do--

1

8

-

Push

button

car

handle

switch

control

* For buildings more than 15 m. in height collapsible gates shall not

be permitted. [see bye-law No. 7.9.1(f)].

———

228

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

Appendix “F-1”

The dimensions and relevant information for lift installations like lift

well, pit depth, machine room, clearance from top floor landing to

machine room flooring is given in table below :—

TableF-3: Dimensions and required information for Lift

Installation in Building

Carry-

ing

Capa-

city of

lift

(per-

sons)

Num-

ber

Load

(kg)

Lift

Speed

Dimension

of Lift well

front depth

(In cm.)

(Cm)

Leading

Pit

Entrance

(Cm)

Dimension of

Machine Room

Clearance

from top

floor

landing to

machine

room

flooring

cm

Imposed

load in

tones on

top of lift

well due

to

installat-

ion. It

may be

noted that

figures do

not

include

weight of

the

machine

from

floors and

well, etc.

1

2

3

4

5

6

7

8

9

10

11

12

4

272

Up to &

including

1 m/s

175

115

70

140

230

275

245

450

6.5

6

408

--do--

195

135

80

140

230

335

275

450

7.0

8

544

Up to &

including

1 m/s

200

170

80

150

245

395

275

450

8.5

10

680

Up to &

including

1.5 m/s

225

170

90

150

245

395

305

470

10.5

13

884

--do--

235

188

90

150

245

425

335

470

13.0

16

1088

--do--

255

205

105

150

245

520

335

480

15.0

20

1360

--do--

255

220

105

150

245

520

335

480

15.0

Note:—

(i) All lift well dimensions are minimum clear finished plumb

requirements.

(ii) Where more than one lift is located in the lift well, extra width

of 10 cm. Separator beam should be provided.

(iii) 1 m/s = 200 ft./min.

(iv) The height. of landing entrance should be 210 cm. (about 7

ft.) for all lifts.

————

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 229

Appendix “G”

Guidelines for Mitigation of Effects of Electro Magnetic Radiation in

Built Spaces

Introduction

Electromagnetic radiations are energy waves having time varying

electric and magnetic fields at right angles to each other and are

predominantly used for wireless communication.

Although, Electromagnetic Fields (EMF) occur in nature and thus

have always been present on earth (Sun is the biggest source of

natural EMR), nevertheless their occurrence has become more

pronounced due to rapid advances of wireless technology in the

communication sector.

The twentieth century witnessed, steady rise of environmental

exposure to man-made sources of EMF due to increasing electricity

demand, ever-advancing wireless technologies and changes in work

practices and social behaviour. The unprecedented growth in

communication industry in recent years has also caused an

exponential rise in electromagnetic radiations in the envelopes

surrounding all living habitats.

Human beings are thus exposed to a complex mix of electric and

magnetic fields at many different frequencies, at home and at work.

EMF (Electro Magnetic fields) can be broadly divided into—

1. Low-frequency

electromagnetic

fields.—The

common

sources of which include power lines, household electrical

appliances, and

2. High frequency electromagnetic fields.—The main sources

of which are radar, radio and television broadcasting,

mobile telephones and their base stations, induction heaters

and anti-theft devices etc.

230

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

Given below is the chart of Electromagnetic spectrum which

highlights various ranges of frequencies and the equipment which

work in these ranges of frequencies:—

Figure G-1

Therefore, there is an urgent need to adopt precautions for living

beings from any effects of electromagnetic radiations at our work

places as well as at our living spaces.

Electromagnetic Radiations : Effects of Exposure :

The effects of electromagnetic radiation upon living cells, including

those on humans, depend upon the frequency as well as the

penetrating power of the radiation.

Initially, it was believed that low frequency fields were too weak to

cause heating to a significant level and thus do not have any

biological effect. There have been a number of epidemiological

studies for a relationship between cell phone use and consequent

health threats that have been largely inconclusive. Thus, it can be

concluded that their effect is not very prominent although significant.

However, there are sufficient evidences to suggest the existence of

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 231

complex biological effects of weaker non-thermal electromagnetic

fields, and modulated RF and microwave fields. World Health

Organization has classified radio frequency electromagnetic

radiation as a possible group 2b carcinogen (possible weaker

threats).

In case of low-frequency radiations (radio waves to visible light)

therefore, depending upon the power of the radiation heating effects

are caused due to absorption of radiation by the living cells. These

thermal effects increase with the frequency of radiation as

penetration of radiation into the organism increases (for example

microwaves penetrate more than infrared rays).

At higher frequencies (visible and beyond) however, the individual

photons of the radiation carry enough energy individually and thus

directly or indirectly can damage biological molecules. All

frequencies of UV radiation have therefore been classified as Group

1 carcinogens by the World Health Organization. In this context it is

a significant fact that Ultraviolet radiation from sun exposure is the

primary cause of skin cancer. Thus, at such frequencies

electromagnetic radiations cause much more damage to biological

systems than simple heating. This is most obvious for the “extreme”

Ultraviolet, X-ray and Gamma radiations, which are referred to as

ionizing radiations due to the ability of photons of this radiation to

produce ions and free radicals in materials which include living

tissues as well. Since such radiation can produce severe damage to

life at powers that produce very little heating, it is considered much

more dangerous than the rest of the electromagnetic spectrum.

Health risks from Electromagnetic radiations can be numerous

depending upon the power and frequency of radiations.

From the perspective of prevention of any health effects of Electro

Magnetic Radiations there is a need of suitable precautions, since it

is not possible to keep away from them owing to the advent of

wireless

communication

technology

which

is

based

upon

electromagnetic waves of higher frequencies besides many other

applications like microwave, remote controlled toys, cordless

phones, TV remotes, etc.

232

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

Guidelines for Buildings and Built forms mitigating effects of

EMR :

While planning a building or a residential complex/township, it is

most desirable to list all probable equipment/appliance emitting

Electromagnetic Radiations in order of ascending/descending

intensities. These should also be categorized as per indoor and

outdoor emissions. Their placement in the built space and

surroundings can then be decided based on certain premises.

The most fundamental principal in this regard is that the effect of

Electromagnetic Radiation decreases with increase in distance from

radiation emitting source. It is thus advisable—

•

To keep a safe distance from working electric and electronic

equipment.

•

Minimize the use of all equipment working on wireless

technology like cordless phones, Wi-Fi, Bluetooth and the

cell phones.

•

Disconnect electric and electronic equipment from the

power supply when not in use, especially in areas of

prolonged occupancy.

Further, the list of equipment/appliances generally used in and

around working/living space is placed below for appreciation of

EMR radiation:—

1.

RF Sources i.e. the transmitting towers such as AM/FM radio

towers, TV towers, cell phone towers transmitting EMR

continuously.

2.

Cell phone which is ON but not in use also radiates and Wi Fi

(Wireless Internet).

3.

Cordless phone.

4.

Wi-max.

5.

Other wireless devices.

6.

CFL (Compact Florescent Light) bulbs.

7.

Neighbouring EMR sources that are located next to shared

walls.

8.

Computers and laptops.

9.

Air conditioning systems.

10.

Refrigerators.

11.

Electrical heating systems/Microwave Ovens.

12.

Power generators and voltage converters.

13.

Stereo and home entertainment systems.

14.

Fans.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 233

This list is only indicative and not exhaustive and there can be

additions to it.

From the view point of effective communication, providing of

mobile towers in a township/office complex is an essential

requirement and thus should be carefully planned.

The mobile tower generates and transmits high frequency radiations;

so more care is needed for their placement. It should be ensured that

the building identified to mount the tower should be the tallest in the

vicinity and should not have adjoining buildings on which proposed

or existing habitable floors are within close-range.

OR

Mobile Tower should be mounted on the highest sanctioned building

in an area.

In regular practice that many cellular operators mount their antenna

on a single tower along with other operators which increase the

effects of EMR manifolds and should thus be avoided as far as

possible. Else height. of the tower should be increased.

Besides, Substation Equipment like Transformer, DG set etc. are also

to be provided for fulfilling the bulk power requirement of the

building and should be suitably placed for electrical safety as well as

for mitigating effects of EMR. However, as these are low frequency

devices, their placement is too decided more from electrical safety

point of view than EMR.

In addition, various light. sources inside the living/working spaces,

UPS, servers, various other equipment running on Wi-Fi may also

emit EMR. Hence their placement inside the building also needs

careful consideration.

Thus, in a built environment of considerable human occupancy,

following broad guidelines should be adopted for placement of utility

equipment/appliances serving the building as a whole :—

Equipment external to the building: Mobile Towers

234

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

Figure G-2

Location of communication towers is governed by radio frequency

system adopted and as far as possible cellular operator should try to

avoid residential areas. However, where it is not possible to avoid

these, they should request for permission from the appropriate

authority for installation on roof top of the tallest existing

buildings—

i. First preference should however, be given to the location of

tower in the commercial areas or other public areas.

ii. Where it is not possible to avoid the location of this tower

in residential, area possibility should be explored to locate

them in green belts within residential sectors or open

spaces/community buildings in the sectors.

Where it is not possible to find such suitable space mentioned at

Sr. No. (ii) above, tower should be permitted on the roof top of

residential buildings subject to the condition that a structural safety

certificate from a certified Structural Engineer has been obtained.

Such towers should not be permitted on occupied buildings, however

if inevitable, a Steel/Metal frame of 6 m. height over the roof level of

the last habitable floor of the building should be provided to

accommodate the tower and its associated units.

Structural stability of the said building should be calculated with the

overall loading of such metal steel frames mounted atop and

“Structural stability certificate” should be submitted by a registered

structural engineer with the application for the permission of

building (pre-design) or installation (post-design).

Transformers.—In addition to the fenced ionized area around a

transformer, neighbourhood level congregation activity areas should

not be planned/permitted within 3 m of the fence.

Diesel Generators.—The location of the Generator within the Plot

premises should not be adjacent to any habitable/community/

recreational activity within a radius of 3m.

Indoor equipment/Appliances:

Electrical Switchboards.—Unless otherwise amended by Barrier-

free access regulations to such fixtures, they should be mounted as

per existing stipulations laid down in CPWD General Specifications

for Electrical Works-Part I Internal 2013.

No. 36-8]

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943. 235

Wireless Routers.— Within the housing unit, the vertical mounting

height of the router should be not less than 4 feet and should be kept

in the Drawing/Dining zone and not within the zones of longer

period of occupancy e.g. Bedrooms.

In non-residential units i.e. office spaces these routers should be kept

as much away as possible and should be switched off when not in

use.

Figure G-3

Server Room.—Occupied Work-stations should be at least 5 m

away from the server room or associated equipment. If people are

sitting in the same room, they must wear protective gear and should

not have prolonged exposure.

Computer.—Should be placed in the most isolated place in a

dwelling unit, while in an office space, it should not be less than 2.5

feet away from the person using it.

UPS.—Should also be placed in the most isolated place in a dwelling

unit, while in an office space it should not be less than 2.5 feet away

from the person using it.

Mobile Phone.—It usually remains with the user all the time. The

only time it is kept away is when it is being charged. Thus mobile

should be charged from a remotely located power point. It is thus

preferable to provide a charging station in almost every

working/living space at a location, as far as permissible from living

space considerations.

Light sources.—Usually, sun as a source of natural light is the

biggest source of electromagnetic radiations. However, the

atmosphere surrounding us provides a natural shield from

electromagnetic radiations. In this context, the light sources used

inside a living/working space should be given careful consideration

236

The J&K Official Gazette, 2nd Dec., 2021/11th Agra., 1943.

[No. 36-8

from the point of view of Electromagnetic Radiations. Many

luminaries available presently, like Fluorescent tubes, compact

fluorescent lamps, LED lights etc. are used in working/living spaces.

So, their use should not only be determined from the point of view of

energy conservation but also from the point of view of

Electromagnetic Radiations. For this purpose, recommendations of

the manufacturers should serve as proper guidelines—

Table G—1: below summarizes appropriate placement of

equipment’s/appliances in the built environment:—

Sr.

No

Equipment

Minimum safe distance

1.

Mobile Towers

6 m height over the roof level of the last

habitable floor of the building.

2.

Transformers

3 m

3.

Electrical Switchboards No Change

4.

Wireless Routers

4 feet (1.2 m)

5.

Server Room

5 m

6.

UPS

2.5 feet (0.75 m)

7.

Diesel Generators

Radius of 3 m

8.

Mobile Phone

2 feet (0.6 m)

9.

Computer

2.5 feet (0.75 m)

10. Laptop

2.5 feet (0.75 m)

11. UPS

2.5 feet (0.75 m)

12. Wireless Router modem 4 feet (1.2 m)

13. Server room

5 m away from workstations

Note:—Intensity of Electromagnetic Radiations decreases with

increase in distance from the radiation source. So as to

minimize exposure maximum possible distance should be

kept.