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असाधारण

EXTRAORDINARY

प्राधिकार से प्रकाशित

PUBLISHED BY AUTHORITY

Part II - Section 3

केन्द्र-शासित प्रदेश लद्दाख प्रशािन

ADMINISTRATION OF UNION TERRITORY OF LADAKH

HOUSING & URBAN DEVELOPMENT DEPARTMENT

NOTIFICATION

Ladakh , 04 of November 2024

S.O.123- In exercise of powers conferred by Section 218 of The Jammu And Kashmir

Municipal Act , 2000 , the Administration of Union Territory of Ladakh hereby notifies the

Unified Ladakh Building Bye Laws , 2024 applicable within the Municipal limits of Leh and

Kargil, Union territory of Ladakh.

Enclosures : as above.

Sanjeev Khirwar – IAS

Principal Secretary

Housing & Urban Development Department,

UT Ladakh.

लद्दाख, 12 नवंबर, 2024

LADAKH, TUESDAY, NOVEMBER, 12, 2024

भारत सरकार

GOVERNMENT OF INDIA

एस.जी.-एल.डी.-अ.-19112024-1416

SG-LD-E-19112024-1416

Copy to the:

1. Joint Secretary (JKL), Ministry of Home Affairs, New Delhi.

2. All Administrative Secretaries UT Administration Ladakh.

3. Member Secretary, Ladakh Pollution Control Committee for information &

necessary action.

4. Deputy Commissioner/CEO, LAHDC, Leh/Kargil for information & necessary

action.

5. All HoDs of UT Administration Ladakh.

6. Technical Director, NIC, Ladakh with the request to upload the notification on the

official website of the UT Administration Ladakh and District Websites of Leh and

Kargil districts.

7. Executive Officer MC Leh/Kargil for information & necessary action.

8. OSD to the Hon’ble Lieutenant Governor, Ladakh for kind information of the

Hon’ble LG.

9. Private Secretary to the Hon’ble Chairman/CEC, LAHDC, Leh/Kargil for kind

information of the Hon’ble CECs.

10. Private Secretary to Advisor to Hon’ble LG, Ladakh for kind information of the

Advisor.

Sd/-

Sumera Shafi– JKAS

Under Secretary

Housing & Urban Development Department,

UT Ladakh.

Chapter -1: Title and Extent

Short title and extent.

1.1

These Bye-Laws shall be called the Unified Ladakh Building Bye Laws, 2024.

1.2

These shall be applicable within the municipal limits of Leh and Kargil, Union

Territory of Ladakh with effect from the date, it is notified in the official gazette.

Chapter -2: Jurisdiction/Applicability

Jurisdiction/Applicability

2.1

Jurisdiction of Building Bye-Laws:

The Building Bye-Laws shall apply to the building activity in the Municipal Areas, for

which they are framed and the same shall be unambiguously specified in the

Building Bye-Laws.

Applicability of Building Bye-Laws: The building bye-Laws shall be applicable to all

building activities and shall be read in conjunction with the master plan/development

plan/zonal development plan/ development control regulations, and/or any other

statutory plan(s) in force, if any, and notifications, if any, with regard to the same

and as amended from time to time and shall be applicable for a period of FIVE

years after which they shall be reviewed. Till such time the reviewed building Bye-

Laws are notified, these building Bye-Laws will continue to be in force.

2.2

Development 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 etc. as well as

to the design, construction of, or reconstruction, additions, enhancement, and

alterations to a building.

2.3

In case of 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

only to the extent of the work involved.

2.4

Change of use/occupancy:

Where 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.

2.5

Reconstruction:

The reconstruction in whole or part of a building which has ceased to operate due

to fire, natural collapse, disaster-based collapse including natural and man-made

disasters or demolition 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.

2.6

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.

2.7

Power of relaxation:

The Administration may relax any restriction(s) or condition(s) or norm(s) stated in

these Bye-Laws or may issue direction(s) to review and revise the Bye-Laws in

public interest.

Chapter -3: Definitions

Definitions: -

In these Bye-Laws, unless the context requires otherwise, shall define the terms as

mentioned below, or as per the National Building Codes, 2016 and shall have the

meaning as follows:

3.1

“abut” in relation to a building means when it is on a street and the outer face of

any of its external walls is on the street boundary,

3.2

“Act” means the Jammu and Kashmir Development Act, 1970 and further

amendments, Jammu and Kashmir Town and Country Planning Act, 1963, Jammu

and Kashmir Municipal Act, 2000 as mandated by the administration, as well as any

other relevant acts as may be decided upon by the UT Administration,

3.3

“administration means”, the Administration of Union Territory of Ladakh,

3.4

“advertising sign” means any sign, either free, standing or attached to a building or

other structure which advertises a business or commercial establishment,

3.5

“alley” means a public thoroughfare, which affords only a secondary means of

access to abutting property and not intended for general traffic circulation,

3.6

"amenity" includes roads, water supply, street lighting, drainage which includes

public health - sewerage, treatment, and disposal of sewage, sullage and storm

water, public works, tourist spots, open spaces, parks, landscaping and Play fields,

and such other conveniences as the UT Administration may, by notification, specify

to be an amenity for the purposes of these Bye-Laws,

3.7

“ancillary building” means the building ancillary to and serving the main building

including meter-room, pump room, security room, sewage treatment plant, stores,

guardroom, cycle-shed, dispensary, canteen, electric substation and quarters for

watch and ward staff in the industrial/commercial/institutional plot but shall not

include residential accommodation for the supervisory staff,

3.8

“apartment” means a part of a property, intended for any type of independent use,

including building having one or more rooms with enclosed spaces located on one

or more floors or any part or parts thereof, to be used for residence, office or for

practicing any profession or for carrying on any occupation, trade, business or

manufacturing or other uses relating to information technology or for such other

types of independent uses, as may be prescribed, with a direct exit to a public

street, road or highway or to a common area leading to such street, road or

highway and includes any garage or room (whether or not adjacent to the building in

which such apartment is located) provided by the owner of such property for use

by the owner of such apartment for parking a vehicle or for the residence of any

person employed in such apartment, as the case may be,

3.9

“applicant” means a person(s) including legal heirs who is owner(s) of the site and

who applies to the competent authority, of his/her intention to erect or re-erect a

building under these Bye-Laws,

3.10

“approved” means approved by the competent authority,

3.11

“architect” means a person registered with and has valid membership of the Council

of Architecture, India as prescribed under the Architect Act, 1972,

3.12

“architectural control sheets” means the control sheets showing measures of

architectural control or the drawings containing necessary directions to be adhered

and signed by the Competent Authority which are available in the office of such

authority and also on the website of the concerned authority,

3.13

“area” means area under the jurisdiction of the competent authority,

3.14

“atrium” means a high open area or central court within a multistoried building,

covered with transparent material at the terrace level,

3.15

“authority”, means an authority constituted under Jammu and Kashmir Development

Act, 1970, or the Jammu and Kashmir Municipal Act, Jammu and Kashmir

Panchayati Raj Act, 1989, Jammu and Kashmir Panchayati Raj Rules, 1996 and/or

any other acts as amended from time to time or under any other law for purpose

of these Bye-Laws,

3.16

“authorized officer” means an officer authorized by the competent authority,

3.17

“balcony” means a horizontal cantilevered projection, or otherwise, not more than 1.8

meters from the face of a wall, including the parapet or railing to serve as a

passage or sit out space, open to air at least on one side,

3.18

"barsati" means a habitable space on the roof of the building with/without toilet

facilities,

3.19

“basement or cellar” means the storey of a building, which is below the ground

storey of a building and is in any part more than half of its height below the mean

level of the street or adjoining ground, with one or more than one levels and where

the front street is sloping, the average of the front length of the building shall be

taken into account,

3.20

“bazaar” means a place or area reserved or licensed by the authority for the

erection of shops or stalls or both,

3.21

"bio-technology industry" means the industrial unit primarily engaged in micro-

organisms research and development of related software applications only,

3.22

"building" means any structure constructed for whatsoever purpose and of

whatsoever material and every part thereof whether used as human habitation or not

and includes foundation, plinth, walls, floors, roofs, chimneys, plumbing and other

services, fixed platforms, verandah, balcony, cornice or projection part of a building or

anything affixed thereto or any wall enclosing or intended to enclose any land or

space, signs and outdoor display structures, tanks constructed or fixed for storage of

chemicals or chemicals in liquid form and for storage of water, effluent, swimming

pool, ponds etc., however, the shelters of whatever material used for tourists’ stay

shall be allowed only at the designated sites by the competent authority,

3.23

“Building Envelope” - The horizontal spatial limits up to which a building may be

permitted to be constructed on a plot,

3.24

“building line” means a fixed line, if any, specified for a site beyond which no

building shall project within that site other than a balcony and a canopy and

compound wall as permissible under the Bye-Laws,

3.25

“built area” means area covered immediately above the plinth level and the external

area up to upper floor,

3.26

"carpet area" means the net usable area of an apartment, excluding the area

covered by the external walls, areas under service shafts, balcony or verandah and

open terrace,

3.27

“canopy”- means a cantilevered projection from the face of a wall over an entrance

to the building at the lintel or slab level provided that it,

(a) shall not project beyond the plot line (boundary) and,

(b) shall not be lower than 2.3 meters at all points when measured from the ground

and shall remain uncovered from above,

3.28

“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,

3.29

“chajja” means the sloping or horizontal structural projection usually provided over

openings on external walls to provide protection from sun and rain.

3.30

“chimney” means the ventilation shaft/absorber provided in a building for intake and

disposal of smoke,

3.31

“clear height” means height measured from the surface of ground or from any floor

to the soffit of beam or ceiling, as the case may be

3.32

“colony” means an area of land divided or proposed to be divided into plots or flats

for residential, commercial, industrial, cyber city/park, purposes or for the construction

of flats in the form of group housing or integrated commercial complexes to be

developed/constructed as notified and prescribed in these Bye-Laws by the

competent authority from time to time.

3.33

“Competent authority” means an officer or agency duly authorized to undertake

preparation of plans, approval of building plans and drawings, grant of occupation

certificate, and any other powers as deemed necessary by the administration,

3.34

"competent professional” means any professional who is capable of making the

drawings and submitting to the competent authority, as mentioned in the Annexures,

including but not limited to form BC-V and subsequent forms in these byelaws,

3.35

“Conservation” means all the processes of looking after a place so as to retain its

historical and/or architectural and/or aesthetic and/or cultural significance and

includes maintenance, preservation, restoration, reconstruction and adoption or a

combination of more than one of these.

3.36

“Core area” means thickly built area of the old town, or a village included in the

urban local body or area as shown in the Master Plan or as notified by the

competent authority,

3.37

“courtyard” means an area open to the sky within the boundary of a plot, which is

enclosed or partially enclosed by buildings, boundary walls or railing and provides

light and ventilation to one or more habitable rooms. It may be at ground floor

level or any other level within or adjacent to a building,

3.38

“Covered area” means the area covered immediately above the plinth of a building

but does not include the space covered by:

(a) soak pit, rainwater harvesting tank, sewage/effluent treatment plant, uncovered

swimming pool,

(b) cantilevered porch without any coverage and areas covered by canopy and

portico, open staircases for fire escape,

(d) basement and stilt floor if used for parking,

3.39

“Cyber city” means self-contained intelligent city with high quality of infrastructure,

attractive surrounding and high-speed communication access to be developed for

nucleating the Information Technology concept germination of medium and large

software companies and Information Technology enabled services, wherein no

manufacturing units shall be permitted,

3.40

“Cyber Park” means an area developed exclusively for locating software

development activities and Information Technology Enabled Services, wherein no

manufacturing of any kind, including assembling activities, shall be permitted,

3.41

“Damp proof course (DPC)” means a course laid to prevent seepage/penetration of

dampness or moisture from plinth to any part of the structure above it,

3.42

“developer” means individual owner, or a company, or an association, or firm or a

limited liability partnership and includes any other entity designated through a

collaboration/development agreement with the owner for making an application for

grant of permission and for completion of formalities required on behalf of such

owner to develop a colony,

3.43

"Development" with its grammatical variations means the carrying out of building,

engineering, mining, or other operations in, on, over or under land or the making of

any material change, in any building or land and includes re-development:

1. Development Permission:

No person shall carry out any development or redevelopment including sub-

division on any plot or land (not forming part of any approved layout plan or

scheme) or cause to be done without obtaining approval from the Authority for

the layout plan.

2. Building Permit:

No person shall erect, re-erect or make addition/ alterations in any building or

cause the same to be done without, first obtaining a separate building permit

for any such building from the Authority.

3. Pre-Code Building Permit:

Where any building permit which has been issued by the Authority before the

commencement of the Building Bye-Laws and where construction is in

progress and has not been completed within the specified period from the

date of such permit, the said permission shall be deemed to be sanctioned

under these Bye-Laws and shall only be eligible for revalidation thereunder.

Accordingly, where the validity of sanction has expired and construction has

not commenced, construction shall be governed by the provisions of these

Building Bye-Laws.

3.44

“dhoonga” means a floating dwelling on water used for residential/kitchen purposes,

3.45

“drain” means a conduit or channel for the carriage of storm water, sewage,

wastewater, or other waterborne wastes in a building,

3.46

“Drainage system” means a system or a network of pipes, with their fittings and

accessories, such as manholes, inspection chambers, traps, gullies, floor traps used

for drainage of building or yards appurtenant to the building and includes an open

channel for conveying surface water or a system for the removal of any wastewater.

3.47

“Dwelling unit” means a building or a part thereof which is used or is intended to

be used by a person(s) or family for habitation comprising of kitchen, toilet and

room,

3.48

“Electronic signature” or “e-signature” means “digital signature” defined in the

Information Technology Act, 2008,

3.49

“Empaneled Architect”- A person empaneled by the Authority as per rules under

the building Bye-Laws as an authorized person to sanction building plans of

residential buildings up to 15 m. in height and for plot sizes up to 500 sqm,

forming part of any approved lay-out plan.

3.50

“engineer” means a person graduate in civil engineering from a recognized Indian

or Foreign University or an associate member of the Institution of Engineers (India),

3.51

“Erection or re-erection of building” means and includes any material addition,

alteration or enlargement of any building including sub-division of the existing

covered area,

3.52

“exit” means a passage, or means of egress from a building to a street or to the

open space,

3.53

“External wall” means an outer wall or vertical enclosure of a building not being a

party wall, even though adjoining to a wall of another building and also includes a

wall abutting on an interior open space of any building but shall not include an

outer verandah wall;

3.54

“factory” shall have the same meaning as defined in the Factories Act, 1948 (Act

LXIII of 1948);

3.55

“filling station” means an area of land including any structure thereon that is or

used or designed to be used for the supply of gasoline or oil or fuel,

3.56

“flat’’ means an apartment intended to be used for residential purposes,

3.57

“floor” means the lower surface in a storey on which one normally walks in a

building but does not include a mezzanine floor. The floor at ground level with

direct access to a street or open space is the ground floor; the floors above it shall

be termed as floor-1 and the next higher floor being termed as floor-2, and so on

upwards.

3.58

“Floor area ratio (FAR)” mean a quotient derived by dividing, the sum total of

covered area of all floors and multiplied by hundred, with the area of plot cited as

under.

For calculating FAR, cantilevered/permitted roof projections, lift room, mumty,

balcony, basement or any floor if used for parking, services and storage, stilt area

(unenclosed) for parking, fire escape staircase, without mumty, atrium, water tank,

open courtyard of permitted size shall not be counted towards FAR:

Provided that the area under shaft, chutes, lift well and staircase from stilt to

next floor shall be counted towards FAR only once at ground floor:

Equation 1 Calculation of Floor Area Ratio

ii. Provided further that in case the ventilation shaft area is more than 3 square

meters, it shall not be counted in FAR,

3.59

“form” means a form appended to these Bye-Laws,

3.60

“Footwear industry” means the industrial unit primarily engaged in the design,

cutting, assembly and manufacturing of footwear from finished leather, fabric, rubber

and their variants and includes other similar products such as belts, purses, bags,

suitcases, brief cases etc. but shall not include the processing and tanning of

leather and its variants,

3.61

“foundation” means a part of a structure which is below the lower most floor

supporting the superstructure, and transmits load of the superstructure to the

bearing surface,

3.62

“Framed building” means a building, the external walls of which are constructed of

a frame either of timber, iron, reinforced cement concrete or steel and such framing

consisting of posts or columns and beams, filled in, wholly or partially covered with

bricks, stones, iron plates or other materials and the stability of which depends

upon such framing,

3.63

“front” as applied to a building means the portion facing the street from which it has

access,

3.64

“garage” means a building or portion thereof used or intended to be used for

shelter, storage or parking of vehicles,

3.65

“Ground coverage” means built area at the ground level, for the purpose of

calculating ground coverage, the area under shaft, chute, lift-well and staircase shall

be counted towards ground coverage: however, ventilation shaft area more than 3

square meters, fire staircase, atrium, and open courtyard of permitted size, shall not

be counted in ground coverage,

3.66

“Group housing” means a building designed and developed in the form of flats for

residential purpose or any building ancillary to group housing,

3.67

“Habitable room” means a room occupied or designed for occupancy by one or

more persons for study, living, sleeping, eating, 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.

3.68

“height” as applied to a building means vertical measurement of the building

measured from the finished mean level of the street where such street exists or

from the mean level of the ground adjoining the outside of the external walls to half

the height of the roof in the case of sloping roofs and to the highest level of the

building in case of building with flat roof, excluding the projected portions of mumty,

flue, ducts building maintenance unit, machine room, minaret, water tank and

parapet not exceeding 1.2 meters in height. Architectural features serving no

purpose other than that of decoration shall be excluded for the purpose of taking

heights. Height as applied to a room shall mean the vertical measurement from the

top surface of the floor to the lowest surface of the ceiling of the same room, joist

and beams being allowed to project beneath the ceiling, and in the case of a

sloping ceiling, the height shall be the mean height of any such room,

3.69

“heritage building” means and includes any building of one or more premises or

any part thereof and/or structure and/or artifact which requires conservation and/or

preservation for historical and/or architectural and/or artisanry and/or aesthetic

and/or cultural and/or environmental and/or ecological purpose and includes such

portion of land adjoining such building or part thereof as may be required for

fencing or covering or in any manner preserving the historical and/or Architectural

and/or aesthetic and/or cultural value of such building as decided by UT Level

Heritage Commission/Committee

3.70

“Heritage precinct” means and includes any space that requires conservation and/or

preservation for historical and/or architectural and/or aesthetic and/or cultural and/or

environmental and/or ecological purpose. Walls or other boundaries of a particular

area or place or building or may enclose such space by an imaginary line drawn

around it.

3.71

“Heritage zone” means the area around such heritage building/ Buildings as defined

in the Jammu and Kashmir Heritage Conservation Authority Act 2010, not inclusive

of Archaeological Sites and Remains Act (AMASR), 1958 and further amendments,

3.72

“House boats” means wooden structure floating on water which includes dhoongas

for the residential purpose or a facility of board and lodge for tourists with inbuilt

mechanism for Solid waste disposal and disposal of liquid waste without polluting

water body registered with the concerned government agency/department.

3.73

“Integrated commercial complex” means building containing apartments sharing

common services and facilities and having their undivided share in the land and

meant to be used for office or for practicing any profession or for carrying on any

occupation, trade, business or such other type of independent use as may be

prescribed,

3.74

“Layout plan” means a plan of a colony, both plotted and flatted, showing location of

plots/ building blocks, roads, open spaces, entry/ exit, parking, landscaping etc., and

indicating proportionate share of each land use and approved by the competent

authority,

3.75

“Ledge or taakh” means a shelf-like projection, supported in any manner

whatsoever, except by vertical supports within a room itself but not projecting wider

than half meter,

3.76

“load” includes:

(a)

‘Dead load’ i.e., weight of all permanent stationary construction becoming a part of

the structure, and

(b)

‘Live load’ i.e., all load except dead load that may be imposed on a structure

including wind and snow loads shall be considered as live upon it,

3.77

"loft" means an intermediary floor between two floors on a residual space in a

pitched roof above a residual normal floor level within a maximum height of 1.5

meters and which is constructed or adopted for storage purposes,

3.78

“Material changes of use” means a change from one class of building to another,

3.79

“Mean level of street” means the average level of all points on the surface of the

street from which the site derives its access measured at the center line of street,

3.80

“Mezzanine floor” means an intermediate floor, between two floors, with area of

mezzanine restricted to 1/3 (one-third) of the area of the lower floor and with a

minimum clear height of 2.3 meters and shall not be lower than 2.3 meters (clear

height) above floor level,

3.81

“mumty” means a small structure erected on the roof of a building to protect such

staircase from weather with a maximum height of 3 meters, and a minimum height

of 2.75 meters (exempted from maximum height criteria),

3.82

“Multistoried or high-rise buildings” means a building whose height is 15 meters or

more measured from the average level of the central line of the street on which

the site abuts or more than four floors excluding basement or stilt,

3.83

“Natural hazard prone areas” means areas of moderate to high intensity of

earthquake or cyclonic/snowstorm or significant flood flow or inundation or

landslides/mud flows or one or more of these hazards, and declared so by the

competent authority,

3.84

“non-conforming use” means the use of a building/structure, or and of land not

conforming to the land use zone of a Master Plan or Zonal Development Plan but

existed prior to the notification of these plans

3.85

“Municipal area” “means the area in respect of which the Municipal Committee has

executive and legislative authority.

3.86

"non-nuisance professional consultancy services" include doctors, lawyers, tax

consultants, architects, town planners, contractor consultants, chartered accountants,

company secretaries, property consultants, ayurvedic and homeopathic practitioner,

psychiatrist, clinical psychologist, and tourist guides and as notified by the

competent authority from time to time.

3.87

“occupancy” means the main purpose for which a building or a part of building is

used or intended to be used,

3.88

“Open space” means a space forming an integral part of the plot left open to sky,

3.89

“parapet” means a low wall built along the edge of a roof or a floor not more than

1.2 meters in height for buildings up to 15 meters and 1.5 meters for buildings

above 15 meters in height,

3.90

“parking” means a space enclosed or unenclosed, to park vehicles together with

driveways connecting the parking space with a street permitting ingress and egress

of the vehicles,

3.91

“Partition wall” means a wall which bears no load other than its own weight,

3.92

“Party wall” means a common wall partly constructed on the plot of land, and partly

on the adjoining plot and serving both structurally or otherwise,

3.93

“plinth” means the portion or structure between the surface of the surrounding

ground and surface of the floor immediately above the ground,

3.94

“Plinth area” means the built-up covered area measured at ground level,

3.95

“plot” means piece of land or site enclosed by definite boundaries,

3.96

“porch” means a covered surface supported on pillars or otherwise for the purpose

of pedestrian or vehicular approach to a building,

3.97

“Preservation” means and includes maintaining the fabric of a place in its existing

state and retarding deterioration

3.98

“Prohibited area” means any area specified or declared to be a prohibited area

under section 20A of the AMASR Act, 2010,

3.99

“proof consultant” means a person who is an engineer/civil/structural engineer or a

group/firm of engineers/structural engineers having post-graduate qualification in

civil/structural engineering with ten years’ experience in structural design and

evaluation thereof, for multistoried and specialized structure, and/ or an institute of

the following type, employed for evaluation/checking of the structural design of the

buildings referred to in the relevant Form BC-V(A2) for all buildings above 15

meters height (including stilt) (Please see Annexure “A”):-

(a)

Institute of Structural Engineers (India),

(b)

Central Building Research Institute, Roorkee,

(c)

Various engineering institutes,

(d)

to name a few, like

i. Indian Institute of Technology,

ii. Engineering College,

iii. National Institute of Technology,

iv. Or any other institute of repute notified by the Administration,

3.100

“Protected monuments” means an ancient monument which is declared to be of

national importance by or under the AMASR Act, 2010.

3.101

“Public sewer” means a sewer line owned and maintained by competent authority

for carriage of the sewage,

3.102

“Public street” means any street levelled, paved, metaled, channeled, sewered,

repaired or maintained out of municipal or other public funds, and includes a

private street which are maintained by municipal body or any other public agency

under an agreement with the owner shall be the public street,

3.103

“Rainwater pipe” means a pipe or drain used or constructed to be used solely for

carrying off rainwater directly from roof surfaces,

3.104

“rear” as applied to a building means that portion which is on the opposite side of

the ‘front’,

3.105

“Regulated area” means any area specified or declared under section 20B under the

AMASR Act, 2010

3.106

“Reconstruction” means and includes returning a place as nearly as possible to a

known earlier state and distinguished by the introduction of materials (new or old)

into the fabric. This shall not include either recreation or conjectural reconstruction.

3.107

“Restoration” means and includes returning the existing fabric of a place to a known

earlier state by removing accretions or by reassembling existing components without

introducing new materials.

3.108

“Retrofitting” means Reinforcement or upgrading of existing structures to become

more resistant and resilient to the damaging effects of hazards.

3.109

“Road/Street”- any highway, street, lane, pathway, alley, stairway, passageway,

carriageway, footway, square, place or bridge whether a thorough-fare or over which

the public have a right of way or access or have passed and have access

uninterruptedly for specified period, whether existing or proposed in any scheme and

includes all bends, channels, ditches, storm water drains, culverts sidewalks, traffic

islands, roadside trees and hedges, retaining walls fences, barriers and railing within

the street lines.

3.110

“Road/Street Level or Grade”- The officially established elevation or grade of the

centerline of street upon which a plot fronts, and if there is no officially established

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

3.111

“Road/Street Line” -The line defining the side limits of a road/street.

3.112

“Road Width or Width of Road/Street” - The whole extent of space within the

boundaries of a road when applied to a new road/street as laid down in the city

survey or development plan or prescribed road lines by any act of law and

measured at right angles to the course or intended course of direction of such road.

3.113

“Row Housing” -A row of houses with only front, rear and interior open spaces.

3.114

“repairs” means any renovation applied to any structure, which does not in any way

change the dimensions of structure but saves the structure from further deterioration,

3.115

“Retention activity” means any activity or use which is allowed to continue,

notwithstanding its non-conforming nature in relation to the use permitted in the

adjoining or surrounding area,

3.116

“retrofitting” means upgrading or and strengthening of an existing building or

infrastructure by using suitable engineering techniques,

3.117

“Sanctioned plan” means a plan, or a set of drawings approved/sanctioned by a

competent authority under these Bye-Laws,

3.118

“self-certification” means seeking approval of building plans duly prepared and

certified by the architect as per Building Bye-Laws, and parameters/policies issued by

the competent authority, from time to time,

3.119

“Settlement”- A human settlement, which is urban or rural in character. It includes

habited villages, towns, townships, cities and the areas notified under the control of

the Authority.

3.120

“Service floor” means the floor of a building with maximum height of 2.4 meters,

where service equipment, utility lines and various machinery are located,

3.121

“site” means a “plot” as defined at sub- code 3.93 in these Bye-Laws,

3.122

“Site Corner”- A site at the junction of and fronting on two or more intersecting roads

or streets.

3.123 “Site Depth”- The mean horizontal distance between the front and rear site

boundaries.

3.124 “Site plan” means a detailed plan showing the proposed placement of structures,

parking areas, open space, landscaping, and other development features, on a parcel

of land, as required by specific sections of the Building Bye-Laws

3.125

“Site, Interior or Tandem”- A site, access to which is by a passage from a street

whether such passage forms part of the site or not.

3.126

“Spiral Staircase”- A staircase forming continuous winding curve round a central point

or axis provided in an open space having tread without risers.

3.127

“Storage tank” means a tank or a cistern for storage of water which is connected to

water main by means of a supply pipe;

3.128

“storey” means the horizontal levels in a building referred from the ground level to

the number of floors above the ground level but shall not include the mezzanine

floor,

3.129

“stilt” means poles, posts or pillars or columns used to allow a structure or building to

stand or rest on at a height above the ground,

3.130

“Street line” means the line defining the outer limits of a street,

3.131

"Structural Engineer" means a person who is a post-graduate in structural

engineering from a recognized Indian or Foreign University or Corporate Member of

Civil Engineering Division of the Institution of Engineers, India or equivalent, and/or

BE/B-Tech

Civil

Engineers

one

the

competent

professionals

Engineers/Architect/Structural Engineer/town planner, etc.

3.132

“Structural wall” means a load bearing wall or wall that carries load in addition to its

own load,

3.133

“sub-soil drain” means a drain constructed to be used solely for conveying any

sewage, either directly or through another drain, any water that may percolate,

through the sub-soil, “sun-shade” means a sloping or horizontal or vertical structure

over hanging, usually provided over openings on external wall to provide protection

from sun and rain and shall not be used for human habitation,

3.134

“superstructure” means the structure erected above the plinth level;

3.135

“supervisor” means a professional whose qualification and competency has been

stated at Annexure-A,

3.136

“Temporary building” means a building erected of any material and allowed by the

competent authority for completion of an approved project and to be removed

immediately after the completion of the project which shall not exceed three months

from the completion of the project,

3.137

“Third party” means an individual or entity that is involved in a transaction but is not

one of the principals and, thus, has a lesser interest in the transaction/case

3.138

“Town planner” means a person holding a Post-Graduate Degree in Urban/Regional

Planning/ Town and Country Planning from a recognized Indian or Foreign University.

3.139

“Types of building” means a building which falls in one of the following categories:

Class of buildings:

a. assembly building: a building or part thereof, where 50 (fifty) or more

people gather for amusement, recreation, social, religious, patriotic,

travel and similar purposes,

b. commercial and mercantile building: includes a building or complex or

part thereof used as shops, stores or market for display and sale of

wholesale and/ or retail goods or merchandise, including office,

restaurant, banquet hall, hotel, motel, resort, dhaba, boarding house,

guest house, amusement park, office establishments and service

facilities incidental thereto and located in the same building,

c. educational building: includes a building exclusively used for a school,

college, training/research institute, vocational institute and university

including quarters for essential staff required to reside within the

premises, and building used as a hostel captive to such educational

institution within its campus,

d. industrial building: includes a factory or a part thereof wherein

products or materials are fabricated, assembled, or processed, and

includes, power plant, refinery, gas plant, mill, dairy plants,

e. information technology building: includes building for software

development activities, and IT enabled services and/ or IT related

manufacturing,

inland container depot/custom bounded area: includes a building used

as inland intermodal terminal connected by road or rail to a

seaport/airport and is operating as transshipment centre including

temporary storage,

g. institutional building: includes a building constructed by government

semi-government organization or registered trust/ society and used for

offices, medical or other treatments, care for persons suffering from

physical or mental illness, disease or infirmity, care of orphans,

differently-abled persons, abandoned women, children and infants,

convalescents, destitute or aged persons, hospice and for penal or

correctional detention with restricted liberty of the inmates ordinarily

providing sleeping accommodation, also includes auditorium, complex

for cultural, social, religious, patriotic, and allied activities or assembly

hall, city/town hall, exhibition hall, museum, place of worship,

dharmshala, hospital, sanatorium, custodial and penal institutions such

as jail, prison and the railway, air, and other surface public

transportation stations,

h. mixed land-use building: includes a building put under one or more

conforming uses/activities and duly permitted by the competent

authority,

residential

building:

includes

building

with

living,

sleeping

accommodation, cooking, and toilet facilities for one or more dwellings,

residential apartments, flats, and garages used by occupants of such

building,

Storage/warehousing building: includes a building or part thereof used

primarily for storage or shelter of goods, wares, merchandise, freight

depot including a building used as a warehouse, godown, freight

depot, transit shed, store house, public garage, hanger, grain

elevator/silos, barn, stables and parking spaces, attached therewith.

ii.

design and height:

a. “Detached Building”- Includes a building with walls and roofs

independent of any other building and with open spaces on all sides

within the same plot.

b. “Multi-Storied Building or High-Rise Building”- A building above 4

stories, and/or a building exceeding 15 meters or more in height

(without stilt) and 17.5M (including stilt).

c. “Semi-detached Building”- A building detached on three sides with

open space as specified in these regulations

iii.

special features:

a. “Special Building”- Includes all buildings like assembly, industrial,

buildings

used

for

wholesale

establishments,

hotels,

hostels,

hazardous, mixed occupancies with any of the aforesaid occupancies

and centrally air-conditioned buildings having total built-up area

exceeding 500 sq m. NBC Clause 12.2.5 must be followed considering

the seismic safety principles of the region.

b. “Multi-Level Car parking”- A building partly below ground level having

two or more basements or above ground level, primarily to be used

for parking of cars, scooters, or any other type of light motorized

vehicle.

iv.

Safety due to use/maintenance level:

a. “Slum” – Buildings that are in poor condition of maintenance or have

compromised habitability due to poor ventilation, sanitation or

otherwise are termed slums. These are generally declared or notified

as slums under relevant legislation by competent authority

b. “Unsafe Building”- Includes a building which:

i) Is structurally unsafe, or

ii) Is insanitary, or

iii) Is not provided with adequate means of ingress or egress or

iv) Constitutes a fire hazard or

v) Is dangerous to human life or

vi) In relation to its existing use, constitutes a hazard to safety

or health or public welfare by maintenance, dilapidation, or

abandonment.

3.140

"Unsafe building" means a building which is,

(a) structurally unsafe, or

(b) insanitary, or

(d) constitutes a fire hazard, or and

(e) in relation to its existing use constitutes a hazard to safety or health or public

welfare by reasons of inadequate maintenance, dilapidation, or abandonment.

3.141

“verandah” means a covered area with at least one side open to the outside with a

parapet of 1.2 meters high on the upper floors to be provided on the open side,

3.142

“Water closet” means a privy with arrangement for flushing the pan with water but it

does not include a bathroom,

3.143

“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 storeroom

attached to and used for the proper functioning of a shop.

3.144

“Zoning plan” means the detailed layout plan of a colony or an area drawn by the

competent authority or approved by the competent authority indicating individual sites

and maintained in the office of the Competent Authority showing the subdivision of

plots, open spaces, streets and other features and in respect of each plot, permitted

land use, building lines and restrictions with regard to use and development of each

plot in addition to those laid down in the Building Bye-Laws.

Chapter-: 4 Building Plan Application Procedure

Plan Application Procedures

4.1

Application for erection or re-erection of building

(a) Any person who intends to erect, re-erect, or make alternation in a

building or demolish any building shall give notice in writing to the

competent authority in the Form BC-I, accompanied by the following

documents:

Ownership documents-lease deed/sale deed, proof of ownership

certified/issued by the revenue authority in the case of self-owned

property and in the case of a plot allotted by the authority copy of

the allotment letter and of the possession letter in the name of

owner issued by the competent authority, and a copy of the letter

in the case where permission to use the land for the intended

purpose issued by the competent authority,

ii. Every person who intends to erect, re-erect, or make alternation

in any place in a building or demolish any building shall give notice

in writing to the Authority of his intention in the prescribed Form

BC-I, as per Annexure – A and such notice shall be accompanied

by plans and statements in sufficient copies. The plans may be

ordinary prints on ferro-paper or any other type, one set of which

shall be laminated. One set of such plans shall be released, and

the rest retained in the office of the Authority for record after the

issue of permit or refusal as the case may be.

iii. Online portal for auto-scrutiny shall always require upload of the

recommended digital format of the drawings to be uploaded on the

portal for use; the provision of submission, of drawings and auto-

scrutiny shall be formulated by UT Administration/Local bodies or

any such bodies as appointed by UT Administration/Local bodies

and shall have the purview of the same. These may include but not

be limited to built features, coverage and features, coverages,

setbacks, provisions for universal design, parking, mezzanine,

building distances, heights, chimneys, parapets, mumties, fire

management, exemptions, green rating applications, access, etc.

iv. a site plan as required under these Building Bye-Laws Section

3.122,

v. details of specifications of the work to be executed in Form BC-

II,

vi. Structural drawings, for record, as per Form BC-V(A1) or BC-

V(A2),

vii. Fire safety design as required under Part IV of the National

Building Code and as updated/revised from time to time in the case

of buildings more than 15 meters in height and all non-residential

buildings.

viii. Heating, ventilation, air-conditioning (H.V.A.C.) service plan

wherever required,

ix. Plumbing drawings, water supply drawings and toilet drawings

x. Certificate of conformity with these Bye-Laws and structural

safety for the relevant buildings (depending upon type and height)

in the relevant Form BC- V(A1) or BC-V(A2),

xi. Public health services plan in un-editable compact disc/DVD or

any other electronic medium, containing drawings in “DWG” Format,

xii. A person applying for permission to carry out any development

shall have to pay tree plantation deposit along with his application

to the Competent Authority at the rates decided by the Competent

Authority from time to time. This deposit shall be refundable after

the period of five years with the condition that trees planted on the

site shall be grown‐up and maintained properly, otherwise the

deposit shall be forfeited and shall be utilized only for tree

plantation and maintenance by the Competent Authority.

xiii. Scrutiny fees (nonrefundable) at the rate of ten (10) rupees per

square meter for the proposed aggregated construction area to be

achieved including basement, stilt floor, service floor and mezzanine,

to be deposited in favour of the competent authority through any

prescribed payment mode.

xiv. No objection certificate from the Authority regarding land use as

per Master/Zonal Plan, if required.

xv. Approval from the Department of Industries, and/or respective

department allotted by the Department of Industries in case of

Industrial Buildings; as well as from the Pollution Control Board,

wherever required

xvi. Approval from Industries Department of Industries, and/or

respective department allotted by the Department of Industries; as

well as from the Pollution Control Board, wherever required

xvii. Indemnity Bond in case of proposal for the construction of a

basement as given in Annexure – ‘B-1’

xviii.

Approval from Chief Fire Officer, or any other authority

as appointed by UT Administration, in case of building defined

under Code 3.22 shall be required

xix. No-objection certificate from Civil Aviation Department wherever

required by competent authority

xx. No-objection certificate from relevant Defense Authority, wherever

required by competent authority

xxi. In case the site falls in the built-up area declared as slum

under any Act NOC from the Competent Authority, from slum

clearance and land use points of view.

xxii. In case the application is for a Farmhouse, Motel, approval/NOC

from the Competent Authority from land acquisition point of view.

xxiii.

In case of the leasehold plots, clearance from the lessor

with regard to the lease conditions shall be obtained wherever

required.

xxiv.

For individual plot, wherever required, approval of the

site from the Competent Authority, if not the part of already

approved layout plan.

xxv.

Site plan for all the authorities, and details as required

by the approval authority

xxvi.

Any other information/document, which the Authority may

require in case of listed buildings or otherwise.

Other documents to be submitted in special cases shall be as follows:

For projects proposed within the Prohibited and Regulated areas as

defined by AMASR Act 2010, permission /NOC from Competent

Authority (NMA) shall have to be obtained as per Rules 2011

framed under the Act by submission of required documents as per

rules.

ii.

Additional documents required for conservation of Heritage sites

including Heritage Buildings, Heritage/Precincts and Natural Features

Areas (wherever required)

Note: The applicant shall submit all kinds of plans in electronic format of online

portal of the competent authority. The competent authority shall convey

objections/observations or sanction/refusal through online portal and or other

prescribed mode.

(b) Every person applying under Code 4.1 may appoint an architect/civil

engineer/structural engineer for drawing up of building plans/structural

drawings and for the supervision of erection or re-erection of the building.

buildings up to 9 meters height (G+2 floors including stilt floor) may be

undertaken by the architect or the engineer but is not mandated. In case of

buildings more than 9 meters in height, including stilt floor, the supervision

shall be undertaken both by the architect and the engineer (civil or

structural). In case of buildings in notified heritage zone, ecologically-

conservation zone, special protection zones, or as mentioned in Development

Control Regulations and Master Plan, as well as for plots facing arterial, sub-

arterial and collector roads, licensed architects need to approve designs,

undertake feasibility study, and provide inputs regarding specific design

interventions, and approval.

(d) During construction if appointed architect/engineer notices that violation(s),

except compoundable, are continuing shall intimate the owner and advise him

to stop further construction and rectify the violations and shall also intimate

to the concerned authority.

(e) The applicant, the architect and engineer shall digitally sign the application,

plans, structural drawings, specifications, and the certificates as required in

the relevant forms and documents, before making submission to the

Competent Authority.

(f) In case the building application is returned, it may be re-submitted within

Sixty (60) days from the date of such return without fresh scrutiny fee. Such

re-submission, however, may not be allowed more than two times in Sixty

(60) days from the date of first return.

4.2

Procedure for submitting application through self-certification:

(a) Any person intending to erect or re-erect building shall apply on Form BCS-I

along with documents stated in Code 4.1 to the competent authority for

approval of building plans of buildings falling in low and moderate risk

categories defined in Code 6.2 (i) and 6.2(ii), under self-certification to the

competent authority for intimation. The applicant may initiate construction

immediately after submission of the application and documents.

(b) Certificate of conformity to regulation and structural safety for the relevant

buildings (depending upon type and height) in the relevant Form BCS-II.

check the building plans and construction at any stage and violations (except

compoundable ones), if found shall have to be rectified by the

owner/applicant. In case the owner/ applicant fails to rectify violations, the

Competent Authority shall be intimated to take necessary steps to remove

the violations within a stipulated time, as decided by the Approval

Authority(ies). In case of failure to do so by architects, the case shall be

referred to Council of Architecture, who may impose penalties as may

deemed necessary. In case of failure by other competent authorities, the

penalty shall be as imposed by local court. All rectifications shall be at the

risk and cost of the owner and no plea of the owner shall be entertained for

any default committed by the competent authority engaged by the owner. In

all such cases the procedure of self-certification shall stand nullified.

(d) If a building is erected or re-erected or construction work is commenced in

contravention to any of the applicable provisions of the Bye-Laws, the

competent authority or any other person authorized by it shall be competent

to require the building to be altered or demolished, by a written notice

delivered to the owner. Such notice shall also specify the period during which

such alteration or demolition shall be completed and if the notice is not

complied with, the competent authority or any other person authorized by it

may demolish the said building at the expense of the owner.

Note: - The decision of competent authority, in case of any dispute shall be final and

binding on all concerned.

(e) At any stage during construction, if an architect/ structural engineer/ civil

engineer, hired by the owner, notices that violations (except sanctionable

ones) are taking place, he shall intimate the concerned authority of such

violations and stop further supervision. She/he shall also intimate the allottee

about the violations and advise them to stop further construction. Complete

details along with photographs shall be submitted to the competent authority.

The competent authority shall immediately issue a notice to the owner based

on the architect’s certificate to suspend further work and rectify violations. In

such cases the owner shall be held responsible for further additions in

violations. Such a situation shall automatically annul the process of self-

certification and the owner may, after removal of violations, engage an

architect/ structural engineer/ civil engineer for preparing the revised drawings.

In such cases completion shall be given only after scrutiny of revised

drawings and inspection of site.

(f) Sanctionable changes shall be allowed, provided that at the completion stage

all changes are incorporated by the architect/ structural engineer/ civil

engineer in the completion drawings to be submitted by the owner to the

competent authority. While seeking occupation certificate, the architect shall

give a certificate that all changes are made as per Bye-Laws and or

directions issued from time to time.

(g) After submission of the building application and or during the construction of

building, if the owner changes the architect/ structural engineer/ civil engineer,

shall intimate the competent authority by email or online building plan

approval system and also the architect/ structural engineer/ civil engineer shall

intimate the competent authority that he is no longer responsible for the project

from the date of actual dispatch of the letter. The information must be sent

within seven (7) days of occurrence of the change. The construction work

shall have to be suspended until the new owner/architect/structural

engineer/civil engineer, as the case may be, undertakes the full responsibility

of the project as per the forms and documents submitted at the time of

applying for erection/re-erection of the building within seven (7) days of his

taking over. Owner’s intimation regarding change of name of professionals

shall be considered final by the competent authority or any other person

authorized by it.

(h) Self-approval is allowed for building construction, alteration and/or modification

with less than 2 floors. The self-approval can be done with the

aforementioned forms, and/or online building permission system.

4.3

Online receipt and approval.

(a) All functions performed under these building Bye-Laws be performed through

electronic form via Single Window System. However, offline building

permission system shall also be available with Municipal Committees for

additional support.

(b) Without prejudice to the generality of Code 4.2 (a), the functions shall

include all or any of the following:

receipt or acknowledgement of application and payment,

ii.

issue of approvals, orders, or directions,

iii.

scrutiny, enquiry, or correspondence for approval

of building plans or grant of occupation certificates,

etc.,

iv.

filing of documents,

issue of notices for recoveries,

vi.

maintenance of registers and records,

vii.

any other function that the competent authority may deem fit

in public interest.

4.4

Preparation of Government building plans by Government Department (s)

The Government Departments preparing the building plans for the government

buildings conforming to these Building Bye-Laws, shall issue a certificate

specifying that the provisions of these Building Bye-Laws have been adhered to

in all respects. Such plans shall be sent to the competent authority, for

information and records before the commencement of erection or re-erection of

the building(s).

4.5

Constitution of committees comprising officials of Municipal body and of the

Authority

The competent authority shall constitute a committee or committees to perform the

following functions:

(i) preparation of zoning plans,

(ii) approval of building plans,

(iii) composition of violations of building plans,

(iv) grant of occupation certificate,

(v) joint inspection, and

(vi) any other committee with such powers and functions, as may deem proper

Relevant timelines shall be determined for approval, inspection or grant of

occupation certificate as decided by the competent authority. The committee

shall comprise of officials from Municipal Committees, Ladakh Autonomous Hill

Development Council, Tourism Department, Pollution Control Committee, Ladakh

Heritage Commission, Himalayan Institute of Alternatives, Ladakh (indicative).

4.6

Submission of affidavit

The Competent Authority at the stage of approval of building plans, DPC level

and/or grant of occupation certificate, if required, on a case-to-case basis, may

ask for an affidavit from the applicant, as per standard format given at

Annexure-A.

4.7

Building Drawing Norms

a) Size of drawing sheets and colouring of plans:

(i)

The size of drawing sheets shall be any of those specified as below:

Sr. No.

Sheet name

Sheet size (in mm)

841 x 1189

594 x 841

420 x 594

297 x 420

210 x 297

(ii) All dimensions in plan shall be indicated in metric units.

(iii) Various elements of plans (site and building), elevation, section and

details shall be shown in different colors and thickness/type of line,

etc., and shall be preferably prepared in layers and as per these Bye-

Laws.

(iv) The prints of drawings shall be on one side of the paper only.

b) Key Plan: A key plan drawn to a scale of not less than 1:10,000 shall be

submitted along with notice showing boundary and location of the site with

respect of neighborhood landmarks, in area where there are no approved

layout plans.

c) Site Plan:

(i)

The site plan to be submitted along with the application for seeking

permission shall be drawn to a scale of:

•

1:100 for plots up to 500 square meters in size and

•

on a scale of 1:500 for plots up to 1 acre in size, and

•

for plots above one acre in size the site plan may be

submitted at any readable scale.

(ii)

The plan shall indicate the following details:

•

boundaries of the site and any contiguous feature, including

but not limited to buildings up to 60 feet in surrounding areas,

•

position

the

site

relation

the

neighbouring

street/revenue rasta,

•

name(s) and width of the street(s) on which the site is

situated, if any,

•

all existing buildings standing on, over or under the site,

•

position of the building and of all other buildings, if any, which

the applicant intends to erect upon his contiguous land referred

to in (i),

•

means of access from the street to the building, and to all

other buildings, if any which the applicant intends to erect

upon his contiguous land, referred to in (i),

•

width of the street, in front, and or on the sides or rear of

the site, if any,

•

direction of the north point relative to the plan of the

buildings,

•

any existing physical feature(s) such as well, drains, trees,

overhead/underground

electricity

lines

including

its

voltage/capacity, etc.,

•

service connection details with any critical infrastructure details

including but not limited to drains, overhead/underground

electricity lines including its voltage/capacity, etc.

•

area of the site, proposed covered area on each floor, and

covered area percentile to the total area of the site,

•

plot number or revenue particulars of the property on which

the building is intended to be erected,

•

graphical scale with north direction,

•

parks, landscape plans, parking plans and contour plans

surrounding the land, and

•

such other details as may be prescribed/requested by the

competent authority.

4.8

Clearance zone for buildings near/adjoining High Tension Lines electricity

(Distance from Electric lines NBC Part 3 Code 6.4)

No building or part thereof including Projections from the face of the outer

walls shall be allowed to be erected or re-erected or any addition or alteration

made to a building within the distances quoted below in accordance with the

current Indian Electricity Rules as amended from time to time between the

buildings and any overhead electric supply line:

Type of High voltage Electricity Lines

*Vertical

**Horizontal clearance

(in meters)

a. Low and medium Voltage and service lines

2.5

1.2

b. ^{High Voltage lines up to and including 11}

lines,

3.7

1.2

c. ^{High Voltage lines above 11 KV and up to}

and including 33 KV.

3.7

2.0

d. Extra High voltage lines beyond 33 KV

3.7 (Plus 0.3 meters

for very additional 33

KV or part thereof)

2.0 (Plus 0.3 meters for

very additional 33KV or

part thereof)

* The horizontal clearance shall be measured when the line is at a maximum deflection from

the vertical due to wind pressure.

** 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 as given

above

Also See Part VIII, Rules 77 to 80 of The Indian Electricity Rules, 1956

4.9

Building Plan

(a) The plans, elevations and sections of the building accompanying the notice

with dimensions shall be drawn to a scale of:

(i)

1:50 for plots measuring up to 500 square meters,

(ii)

1:100 for plots measuring from 500 square meters to 1000 square meters,

(iii)

1:200 for plots measuring more than 1000 square meters.

(b) The Plans shall indicate:

(i)

all the floors including basements, stilts and all external elevations and cross

sections illustrating distinctly all the different levels and a minimum one

section through staircase, water closet, bath, kitchen, and the garage if to be

constructed,

(ii)

all drawings shall fairly indicate the size of rooms, size of windows and

ventilators, size of door opening, and stair runs, kitchens, bathrooms, and/or

other key design elements (such as size of balconies, lift lobbies, lifts, etc.)

as in the original design,

(iii)

the plinth level of the building with reference to the mean level of street from

where the access to the site is taken,

(iv) the schedule of dimensions of sizes of the doors, windows, other openings,

and methods of ventilation of each room/area,

(v)

the means of access to the building(s) and to various floors as well as the

means of escape in case of fire, if required under the specific law/National

Building Code or these Bye-Laws; along with ramps and steps with respect

to the building(s),

(vi) in case of proposed additions and alterations in the existing building(s), all

new works shall be shown on the drawings in distinct colours with index,

thereof,

(vii) details of method of wastewater disposal, sewage, storm water and water

supply,

(viii) façade wall and Roof Sections as per ECBC 2022 Section 4; Facade Glass,

Facade Wall, and Roof U-Value Calculation as per ECBC 2017 Section 4.

(ix) Provisions as per Eco-Niwas Samhita, 2018 by Bureau of Energy Efficiency,

including but not limited to Thermal Transmittance, Thermal Emittance,

Window-to-floor area ratio, calculation of building envelopes, compliances for

cold climate, surface film thermal resistance, roofs, unventilated air layer

thermal resistance, etc.

(x)

SEF and Daylighting Calculation as per ECBC 2022 Section 4.

(xi) provisions of rainwater harvesting system as per Code 9.1,

(xii) provisions for photo voltaic solar power plant as per Code 9.3,

(xiii) provisions for differently abled person as per Chapter 10.

Note: - Any Govt. of India/UT Acts, Laws, Byelaws, or notifications shall be

applicable for the same. (including Ladakh Energy Conservation Building

Codes/Eco-Niwas Sanhita, once notified)

mandatorily carried out as per National Disaster Management Plan, 2019.

Based on topographic profile, specific inclusion of IS Codes should be

implemented for Cloud bursts, Floods/Flashfloods, Avalanches, Earthquake (IS

4326, 13920) Seismic load, (IS 1893, IS 13827), Locust Menace/Agriculture

Droughts, Landslide (IS 14458 , IS 14496), Sandstorms, etc. Adaptation

measures need to be explored as per NDMP 2019 and UT level Disaster

Management Plan. Parametric insurance options for hazard proofing of

structures are recommended for resilient building infrastructure development.

4.10

Construction of buildings as per Architectural Control Sheet(s)

(i)

The applicant shall obtain Architectural Control Sheet(s) approved by the

authorized officer of the competent authority, by applying on plain paper

and as per rate fixed by the competent authority. The applicant is not

required to get the building plan sanctioned from the competent authority

in case the Architectural Control Sheet is adopted for execution wherever,

applicable.

(ii)

Provided the applicant constructs the building strictly in accordance with

the standard architectural controls.

(iii)

The applicant shall, however, have to obtain formal permission from the

competent authority for starting construction of the building and shall also

intimate to the competent authority, the date of commencement of

construction of building.

4.11

Standardization of technology and appropriation of competent authority

The Planned development of the urban habitats drives development most

optimally and also facilitates improvement in the quality of living for all, however,

planning and architecture itself require appropriate standards. Accordingly, Bureau

of Indian Standards (BIS) as the National Standards Body of the Country is

engaged in the formulation of Indian Standards in various areas of development

and technology. The Indian Standards look into standardization of technology,

components, terminology, planning, design, integration, implementation, operation,

maintenance, and assessment towards sustainable habitats, as well as alignment

with international standards, with appropriate necessary modifications to suit the

local requirements. This shall be achieved by establishing a framework for

planned development of the cities, especially built form development, on the

concept of sustainability in all its form, including environmental, technological,

managerial, economical, and social, and would encompass the dimensions of

land use planning, management of infrastructure such as water supply, drainage,

housing, etc. These standards shall be developed by Building Permission Review

Committees (BPRC), along with support from representatives of various

stakeholder interests such as architects, engineers, town planners, consumers,

academicians, policy makers, regulators, etc. Under the phase-wise upgradation

of the Municipal Bodies, the BPRC shall be formed, and competent authorities

shall be established as per the current as well as future norms for approval of

built form.

Chapter-5: Procedure for Approval of Building Plans

Building Plan Approval

5.1

Valid Building Application

All building plan applications submitted under Code 4.1 shall not be

considered valid, unless made on the prescribed Form and attached with

requisite number of plans and documents, along with scrutiny fee and

development permission fee other charges as prescribed by the competent

authority. In case of non-compliance, the application together with plans and

documents shall be returned to the applicant for re submission in accordance

with these Bye-Laws.

5.2

Scrutiny and sanction of building plans

(1)

The competent authority shall constitute such committees for the purpose

specified in Code 4.5, for scrutiny of applications received as specified

under Code 4.1 and for submission of recommendations for sanction/refusal

of such applications.

(2)

The Committee shall consist of officials/officers as constituted by the

competent authority and shall at least once in a week, complete the existing

backlog of the scrutiny in their dues.

(3)

The recommendations of the members of the committee shall be forwarded

to the competent authority for consideration and approval, with or without

change.

(4)

The committee or any officer authorized shall pass an order and convey the

decision of sanction or rejection to the applicant in Form BC-III.

5.3

Validity of sanctioned plans

(1)

Sanction for erection or re-erection of a building(s) of less than 15 meters’

height shall remain valid for three (3) years and in the case of buildings

more than fifteen (15) meters’ height the sanction shall remain valid for five

(5) years from the date of sanction,

(2)

The temporary building(s) for construction works, permitted by the

competent authority, shall not be allowed to continue beyond three months

of the lapse of the validity of the sanctioned plans. An additional provision

for extension by up to 3 months may be provided by taking permission

from approval authority, in writing and submission of extension fees for the

same.

5.4

Re-validation of building plans

(1) If a building(s) is not completed within three (3) years or five (5) years, as the

case may be, from the date of sanction, the sanction with respect to the

portion of the building not been completed will be deemed to have lapsed.

(2) A fresh application shall be submitted for the incomplete portion of a building

(s), in accordance with Code 4.1 and accompanied by the prescribed scrutiny

fee.

(3) In case the construction could not be started within three (3) years or five (5)

years, as the case may be after the sanction of a building plan(s) or has been

started but could not be completed within the validity period, the

owner/applicant shall apply for revalidation of building plans before the lapse of

sanction simply by depositing re-validation fee as decided by Approval Authority

for the covered area requested for re-validation. This revalidation of building

plan(s) shall automatically be deemed granted from the date of depositing the

revalidation fee.

5.5

Deemed sanction

The competent authority shall pass the orders, either of sanction or of rejection,

within a period of thirty (30) days of submission of building plan(s) duly

accompanied by all necessary documents as mentioned in Code 4.1. The

building plan(s) shall be deemed sanctioned if it is in conformity with ECBC

Codes, Ladakh ECBC, 2021 (once notified), and any other codes as mentioned

in the Building Bye-Laws, or as deemed necessary by UT Government and/or

Central Government, and in accordance with the permitted land use of the area

and all leviable fee/charges have been deposited by the applicant, but no orders

have been passed by the competent authority within the specified days in this

sub-code. Risk based classification may differ from the given timeline, based on

the nature of the risk on a case-to-case basis, within a period of 2 months.

5.6

Submission of revised building plans during the validity period of sanction

(1)

If during the construction of a building(s), any deviation from the sanctioned plan

(s) is intended to be made, approval of the Competent Authority for the same

may be obtained before the change is made. The revised plan(s) showing

deviations shall be submitted and the procedure laid down for the sanction of

building plan as stated in Code No. 5.1 and 5.2, shall be followed for all revised

plans, along with depositing scrutiny fee for the area proposed to be revised, as

well as previously sanctioned plans and revised drawings in the same format.

(2)

notice

and

building

approval

necessary

for

compoundable

alterations/violations, which do not violate any provision (s) concerning building

requirements, structural stability, and fire safety requirements of these Building

Bye-Laws.

5.7

Revocation of sanction

The sanction granted under Code 5.2 and Code 5.4 can be revoked by the

competent authority, if it is found that such sanction has been obtained by the

owner by means of misrepresentation of material facts or fraudulent document(s)

submitted along with the building plan application or otherwise or the construction

is not being done in accordance with the sanction granted and or in accordance

with these Bye-Laws.

5.8

Maintenance of E-Register for sanction/ Registration of Building Plans

An online E-register integrated with the existing E-Governance module shall be

maintained for all building applications received, whether offline or online, by the

Municipal Committee, permissions granted or deemed to have been granted or

refused and or returned under these Bye-Laws. The said register shall be

available online to the public for inspection on the website of

t h e

c o m p e t e n t authority.

5.9

Damp Proof Course (DPC) Certificate

The owner or the architect shall submit a certificate, in case of self-certification,

that the construction of building up to DPC level is as per the sanctioned

plan(s). The competent authority shall verify the certification and shall issue

consent/comments within three (3) days of receiving the certificate. DPC

certificate shall be deemed to have been accepted if it is in conformity with Bye-

Laws and no orders have been passed by competent authority within specified

days.

5.10

Occupation Certificate

(1)

Every person who intends to occupy a building or part thereof for which the

building plan(s) has been sanctioned shall apply for the occupation

certificate in Form BC-IV(A) or BC- IV(B), accompanied by certificates in

relevant Form BC-V (1) or BC-V (2) duly signed by the architect and/or the

engineer along with following documents:

(i)

details of sanctionable violations from the approved building

plan(s), if any in the building, jointly signed by the owner,

architect, structural engineer and/or civil engineer as the case may

be,

(ii)

completion drawings or as-built drawings along with completion

certificate from architect/ structural engineer and/or civil engineer

as per Form BC-VI,

(iii) photographs of front, side, rear setbacks, front, and rear elevations

of the building shall be submitted along with photographs of

essential areas like cut outs and shafts from the roof top. An un-

editable compact disc/ DVD/ any other electronic media containing

all photographs shall also be submitted,

(iv) Permit checklist needs to be followed and permit certificate from

Bureau of Energy Efficiency (BEE) Certified Energy Auditor for

installation of Rooftop Solar Photo Voltaic Power Plant shall be

required in accordance with orders/policies issued by the

Renewable Energy Department from time to time, if applicable

(v)

Construction permits and Occupancy Certificate from Bureau of

Energy Efficiency (BEE) Certified Energy Auditor for constructing

building in accordance with the provision of ECBC, wherever

applicable

(vi) No Objection Certificate (NOC) of fire safety of building from

concerned

Fire

Officer or

officer

authorized

Administration for this purpose.

(vii) All provisions of Ladakh Energy Conservation Building Code 2021

(once notified)

Note: Online portal for auto-scrutiny shall always require upload of the

recommended digital format of the drawings to be uploaded on the

portal for use

(2)

No owner/applicant shall occupy or allow any other person to occupy a

new building(s) or part thereof until such building or part thereof has been

certified by the competent authority or by any officer authorized by it in this

behalf as having been completed in accordance with the permission granted

and an ‘Occupation Certificate’ has been issued in Form BC-VII. However,

competent authority shall charge composition charges for compoundable

violations before issuance of Form BC-VII. Further, the water, sewer and

regular electricity connection shall be released only after issuance of

occupation certificate by the competent authority. The ‘Occupation

Certificate’ to be issued shall on the basis of parameters mentioned as

under:

i. minimum 25% of total permissible ground coverage, excluding

ancillary zones, if any, shall be essential for issuance of occupation

certificate, other than residential and industrial buildings,

ii. in the case of residential plot, a minimum 50% of the total

permissible ground coverage to be constructed with minimum one

habitable room, a kitchen and a toilet forming a part of submitted

or the approved building plan shall be completed,

iii. debris and rubbish consequent upon the construction has been

cleared from the site and its surroundings,

iv. after

receipt

application,

the

Competent

Authority

shall

communicate in writing within eighteen (18) days, his decision for

grant or refusal of such permission for occupation of the building in

Form BC-VII. The E-register shall be maintained as specified in

Code-5.8 for maintaining record in respect of Occupation Certificate,

if no communication is received from the Competent Authority within

eighteen (18) days of submitting the application for “Occupation

Certificate”, the owner is deemed permitted to occupy building,

considering “Occupation certificate” deemed issued and the

application Form BC-IV (A) or BC-IV(B) shall be the “Occupation

Certificates”. However, the competent authority may check the

violations made by the owner and take suitable action with regard

to the violations, and,

v. if the owner or the architect or structural engineer or civil engineer or

Consultant as mentioned in Code 4.2 and 4.10 as the case may

be, submits a wrong report while making application under these

Bye-Laws or if any additional construction or violation is reported to

exist at site or has concealed any fact or mis-represented regarding

completion of construction of building along with essential conditions

of seeking occupation certificate, s/he shall be jointly and severally

held responsible for such omission/commission and complaint

against the architect/structural engineer/civil engineer for suspension

of his registration/membership, and/or other necessary penal actions

may be taken, and the owner shall be liable to pay for the penalty

as may be decided by the competent authority after giving an

opportunity of being heard. It emerges during the hearing that the

relevant

information

was

concealed

architect/structural

engineer/civil engineer/ consultant, necessary penal proceedings of

barring architect/ structural engineer/civil engineer /consultant from

practicing in the Union Territory of Ladakh may be enforced.

5.11

Occupation Certificate through Self-Certification

(1)

The owner who had applied under Code 4.2 and the building falls in the

Low-Risk Category defined in Code 4.9 (b) (vii) and Code 5.2 (1), shall

submit an application to the competent authority for grant of occupation

certificate on Form BCS-III and along with completion drawings, Completion

Certificate on Form BCS- IV and along with the following documents:

(i) details of compoundable violations, if any, in the building, jointly

signed by the owner, architect/civil/structural engineer, along with

demand draft of composition charges for such violations at the

rates determined by the Competent Authority from time to time,

shall be submitted along with Form BCS-III,

(ii) owner and architect/civil/structural engineer both shall give a self-

certification in Form BCS-IV that no provision of these Building

Bye-Laws, has been violated excluding compoundable violations,

(iii) photographs of front, side, rear setbacks, front and rear elevations of

the building shall be submitted along with photographs of essential

areas such as cut outs and shafts from the roof top. An un-

editable compact disc/ DVD containing all photographs shall also

be submitted,

(2)

the competent authority shall issue the occupation certificate in Form BCS-V

within eight (8) working days of the receipt of the Form BCS-III duly

completed in all respects and accompanied by the required completion

drawings, forms, and affidavits. The occupation certificate shall be issued

provided that the documents submitted along with Form BCS-IV are in order.

Provided that if any violation found within time prescribed above during

inspection, which is not listed in compoundable violations stated at Code

4.11(1)(i), then the violation(s) be compounded as per composition charges

prescribed (or demolished if non-compoundable), by the competent authority.

(3)

if no communication is received from the competent authority within eight (8)

working days of submitting the application for “Occupation Certificate”, the

owner is permitted to occupy building, considering deemed issuance of

“Occupation certificate” and the application Form BCS-III shall act as

“Occupation Certificate”. Provided that violations, if found at any subsequent

stage, shall result in cancellation of the occupation certificate issued and the

same shall be restored only after removal of violations. Further, action against

the architect/civil engineer/structural engineer shall also be taken for furnishing

a wrong certificate/affidavit.

(4)

No person shall occupy or allow any other person to occupy any new

building or a part thereof for any purpose whatsoever until such building or a

part thereof has been certified by the competent authority as having been

completed and an occupation certificate has been issued in his/her favour in

Form BCS-V within the above-mentioned period. However, the minimum

percentage of permissible covered area, for industrial plot only as mentioned

below in the table shall have to be constructed to obtain occupation

certificate or as decided by the competent authority, from time to time.

Minimum requirement of construction area for obtaining Occupation Certificate

Sr. No. Area of site

Percentage of permissible covered

area

Up to 2 acres

25%

Above 2 acres to 5 acres

20%

Above 5 acres to 10 acres

15%

Above 10 acres

10%

(5)

No occupation certificate shall be issued unless debris and rubbish

consequent upon the construction has been cleared from the site and its

surroundings.

5.12

Occupation Certificate through third party certification

(1)

The owner who had applied under Code 4.1 and having building under

Moderate Risk Category defined in Code 6.1(1), shall submit an application

to the competent authority for grant of occupation certificate in Form BCS-

III and along with completion drawings, Completion Certificate in Form

BCS-IVA and along with the following documents:

(i)

details of compoundable violations from the approved building plan(s), if

any, in the building, jointly signed by the owner, architect, civil engineer

and/or structural engineer, along with demand draft of the due payment

for composition charges of such violations at the rates determined by

the competent authority shall be submitted with Form BCS-III,

(ii)

a certificate from third party (i.e., an architect or a civil engineer or a

structural engineer, other than the architect/ structural engineer/ civil

engineer involved in designing, construction, and supervision of the

building) in Form BCS-IVA that the building has been inspected in all

respect and no provision of the Building Bye-Laws, has been violated

excluding compoundable violations, and

(iii) photographs of front, side, rear setbacks, front, and rear elevation of the

building shall be submitted along with photographs of essential areas

like cut outs and shafts from the roof top. An un-editable compact disc/

DVD containing all photographs shall also be submitted.

(2)

The competent authority shall issue an occupation certificate in Form BCS-

V within eight (8) working days of receipt of the Form BCS-III duly

completed in all respects and accompanied with the required completion

drawings, forms, and affidavits. The occupation certificate shall be issued

provided that the documents submitted along with Form BCS-IVA are in

order. Provided that if any violation (s) found within the time prescribed

above during inspection, which is not listed in compoundable violations

stated at Code 4.12 (1)(i), then the violation(s) be compounded or

demolished by the competent authority if non- compoundable, as per

composition charges prescribed.

(3)

If no communication is received from the competent authority within eight

(8) working days of submitting the application for “Occupation Certificate”,

the owner is permitted to occupy building, considering deemed issuance of

“Occupation certificate” and the application Form BCS-III shall act as

“Occupation Certificate”. Provided that the violations, if found at any

subsequent stage, shall result in cancellation of the occupation certificate

issued and the same shall be restored only after removal of violations.

Further, action against the architect shall also be taken for furnishing a

wrong certificate/affidavit.

(4)

No person shall occupy or allow any other person to occupy any new

building or a part thereof for any purpose whatsoever until such building or

a part thereof has been certified by the competent authority as having been

completed and an occupation certificate has been issued in his favour in

Form BCS-V within the above-mentioned period.

(5)

No occupation certificate shall be issued unless debris and rubbish

consequent upon the construction has been cleared from the site and its

surroundings.

5.13

Revocation of Occupation Certificate

After the issuance of occupation certificate, if at any stage found that the

building is used for some other purpose than as permitted to be used or

made any addition/ alteration in the building then, after affording personal

hearing to the owner, the competent authority may pass orders for revocation

of occupation permission and the same shall be restored only after removal

of violations.

5.14

Green Building Measures and Incentives

1. For reducing consumption of total energy, fresh potable water and

reduction in total waste generation by modern buildings, the green

building measures are to be adopted by all building on various plot sizes.

2. The applicant shall be awarded benefits of additional Floor Area Ratio for

adopting either green norms by getting his/her building/ site/ project

certified from Green Rating for Integrated Habitat Assessment (GRIHA) or

Green and Eco-friendly Movement (GEM), Inand achieving rating as

specified below:

09%: 3 Star / 3 GEM / Silver IGBC/LEED Rating

ii.

12%: 4 Star / 4 GEM / Gold IGBC/LEED Rating

iii.

15%: 5 Star / 5 GEM / Platinum IGBC/LEED Rating

3. The buildings should use minimum 20% of the materials from recycled

construction and demolition waste. Further use shall help in incentives on

Property Tax, as may be decided by Local Bodies.

Note:

A. The additional FAR shall be given over and above the maximum

permissible FAR.

B. Where solar space/ trombe wall areas are designed specifically for solar

passive heating of building proposed, a maximum width of 2 feet can be

exempted from FAR.

C. The incentive of additional FAR for achieving GRIHA/GEM/IGBC/LEED

rating shall be applicable only on new buildings. The incentive of additional

FAR

would

also

applicable

buildings

which

are

under

construction/design and registered and pre-certified and certified with the

rating agencies (GRIHA/GEM/IGBC/LEED) and incorporating features for

making Green Buildings but have not yet obtained Occupation Certificate.

D. The applicant has to pay only Infrastructure Development Charges on

additional FAR granted as incentive.

E. Procedure for availing incentive:

a. The applicant is required to submit pre-certification rating from

GRIHA/GEM/IGBC/LEED rating agencies at the time of submission

of building plan application to the Competent Authority for claiming

incentive of additional FAR as stated.

b. At the time of applying for Occupation Certificate of building, the

applicant is required to submit provisional/Final rating from

GRIHA/GEM/IGBC/LEED Rating Agency.

c. The

Competent

Authority

only

after

verifying

that

the

GRIHA/GEM/IGBC/LEED rating achieved in final rating is same as

pre-certification rating submitted at the time of building plan

application, shall issue the Occupation Certificate:

i. Provided, in case the final rating achieved is lesser than the

provisional rating, the occupation certificate shall be issued

after compounding the additional FAR (i.e., difference of

additional FAR from precertification rating and final rating)

acquired by the applicant, at ten times the rates of EDC

applicable at the time of submission of occupation certificate

application.

ii. Provided, the applicant may claim additional FAR, if final

rating is higher than the provisional rating.

5.15

Biodiversity and Wildlife Protection and inclusive design

Ladakh is known for its serene and pristine connection with nature. The

biodiversity forms an inclusive part of the ecosystem along with human

interactions. However, the exponential rise in urbanization and tourism in Ladakh

calls for an inclusive ecosystem which works in coherence of protection of

wildlife and biodiversity. Building bye-laws thus play a very important and non-

negotiable role to allow for inclusive design with the environment:

1) All development activities must adhere to the provisions as mentioned in

The Wildlife (Protection) Act, 1972 [and any further amendments], The

Biological Diversity Act, 2002 [and any further amendments] and/or any

acts, laws, notifications or guidelines released by the Central, UT of

Ladakh, or Municipal corporation from time to time.

2) All development activities must be considerate of the People’s Biodiversity

to utilize an inclusive design with the biodiversity. Any issues, qualms or

considerations shall be as per The Wildlife (Protection) Act, 1972 [and

any further amendments], The Biological Diversity Act, 2002 [and any

further amendments], and/or any acts, laws, notifications or guidelines

released by the Central, UT, or Municipal Government from time to time.

3) Ladakh had formulated National Biodiversity Strategy and Action Plan for

the sub-state of Ladakh in 2003. The provisions of the same shall be

followed by all developments. Exceptions shall be allowed as per the

Chapter-6: Classification of Buildings for approval and occupation requirements

Building Approval and Occupation Certificate

6.1

Risk based classification of building applications

There is a need to make provisions for fast-tracking building permission

procedures for all non-automatic approvals. Therefore, in the spirit of ‘Ease of

Doing Business’, the buildings have been classified further on the basis of risk

parameters/ risk-based classification to clear the building permits on fast-track

system. This kind of classification shall be used for fast tracking the sanction of

building plans, which shall facilitate regulated and faster construction permits, and

also aid in improving the rating of the country in World Bank’s assessment in

‘Ease of Doing Business’. Further, the ULB in consultation with all parastatal

bodies involved, shall identify risk-based classification of industrial, commercial,

and institutional buildings, and prepare risk-based matrix, in-line with those

proposed in Model Building Bye Laws, 2016 for residential and storage buildings/

warehouses/ godown and accordingly prescribe the fast-tracking approval system.

This exercise shall be done within a period of 3 months from the date of

publication of the Local Building Bye-laws.

On the basis of above-mentioned risk matrix prepared by each of the agencies

involved in approving building plans, Administration of Union territory of Ladakh

shall design and notify necessary legal instructions to implement risk-based

mechanism with a view to fast track building permissions based on their risk

classification. These instruments may include, but are not limited to, delegation of

powers, out-sourcing, empowering architects/civil engineers/structural engineers,

self-certifications, etc. These notifications shall be done within 3 months from the

date of notification of risk matrix by each competent authority / agency as

mentioned above.

For approval of the residential plotted and group housing buildings, risk-based

classification:

(1) For fast-track building plan approval, the competent authority shall approve

building plans considering the risk-based classification of buildings depending

upon the respective risk matrices as mentioned in Code 6.1 (1) – 6.1 (3)

(2) The application for approval and grant of Occupation Certificate of very-low

to moderate risk buildings shall be allowed as per Code 4.2 and relevant

sections of Chapter-5. The application for approval and grant of Occupation

Certificate of high-risk buildings shall be allowed as per Code 4.1 and

relevant sections of Chapter-5.

(3) For building plan approval, the competent authority shall approve building

plans considering the risk-based classification of buildings depending upon

height and area. The buildings are categorized in the following categories:

Residential Buildings:

Table 1 Risk matrix for different residential buildings

Risks

Very Low

Low

Moderate

High

Criteria

Parameters

Size of the plot Square Meters Below 105 m² 105 – 500 m²

Above 500 m²

All

sizes

Height of the

building

Meters

<15 m

15 m or

above

Use of the

premises

Various

categories

Residential

plotted

Residentia

l plotted

Residentia

l plotted

Group

Housin

Note:

A. Considering no other issue like Monuments, Metro, DUAC, Airports etc. are

involved. In case the property lies within the regulated zone of metro rail, airport

etc. the online clearance from the local body concerned shall be taken

B. Group Housing area is minimum 2000 sq mt (may vary between States)

C. The Competent Authority shall empanel professionals as necessary

D. The Competent Authority shall work out and prescribe fees for submitting the

building plans

E. The fees shall be derived by an automated built-in calculator in the online

system of submission

Suggested Fast Tracking Tools:

For Very Low Risk Buildings:

In case of standard building plans prepared by the Authority for residential plots up to

105 sq.mt. in size and forming part of the approved layout plan, the owner shall be

entitled to sign such standard plans and the required documents for submission for

sanction. In such cases, certificate from professionals would not be necessary and the

owner shall be bound to follow the approved standard plan in detail. The Authority shall

explore options of EWS/LIG/MIG plotted housing schemes to develop pre-approved

Standardized building plans of Housing Units for variable plots sizes/carpet area (in

the range 30sqm-105sqm). The owner shall undertake construction of the so formed

standard housing units.

For Low-Risk Buildings:

A Competent professional (qualification & competence as per Annexure-D) shall be

empowered to issue the building permit, but only after submitting the plan along with

requisite documents and fees to the concerned local body. If the owner/ professional

desires to get the building plan sanctioned by the local body, building plans prepared by

the qualified competent professional will have to be submitted to the concerned local

body along with the fees and other requisite documents and the local body shall grant

the building permit within 10 days.

For Moderate-risk Buildings:

Building plans will have to be prepared by a competent professional and the building

plans will have to be submitted to the concerned local body along with the fees and

other requisite documents. The local body shall grant the building permit within 20 days.

For High-risk Buildings:

Clearances and NOCs from department, or authority as appointed by UT Administration,

and other necessary clearances from AAI, NMA and other agencies as per Section 5.10

and other authorities as deemed necessary by the UT Administration have to be

obtained. Building plans will have to be prepared by a competent professional and the

building plans will have to be submitted to the concerned local body along with the fees

and other requisite documents. The local body shall grant the building permit within 20

days.

ii.

Storage/Warehouse Buildings

For approval of the buildings meant for use as storage buildings/ warehouses/godown, risk-

based classification shall be in the following categories:

Table 2 Risk Matrix for Storage/Warehouses

Risks

Very Low

Low

Moderate

High

Covered area on all

floors / Built-up Area

Up to 250 m²

250 – 2000 m²

Up to 2000 m²

Above 2000

m²

Height of the building

<15 m

Abutting Road width

Min. 12

Min. 12 m

Type of Material

Storage

Category A

Category B

(Stacking Height

– Medium)

Category B

(Stacking

Height –

Medium)

Note:

A. The level of Risk is classified according to the material stored in the

warehouse/storehouse. Material shall be classified according to the Categories

defined in Annexure “C”.

B. The Urban Local Body/ Urban Development Authority shall empanel

professionals as per “Annexure D”.

C. The building application processing fees shall be derived by an automated

built-in calculator in the online system.

Suggested modes of Fast Tracking:

For Very Low Risk Buildings:

A competent professional (qualification & competence as per Annexure-D) shall be

empowered to issue the building permit, but only after submitting the plan along with

requisite documents and fees to the concerned local body. If the owner/ professional

desires to get the building plan sanctioned by the local body, s/he shall apply online to

the local body and the local body shall grant the building permit within 10 days.

For Low-Risk Buildings:

Building plans will have to be prepared by a competent professional and the building

plans will have to be submitted to the concerned local body along with the fees and

other requisite documents. The local body shall grant the building permit within 20 days.

For Moderate Risk Buildings:

Building plans will have to be prepared by a competent professional and the building

plans will have to be submitted to the concerned local body along with the fees and

other requisite documents. The local body shall grant the building permit within 20 days.

For High-Risk Buildings:

Building plans will have to be prepared by a competent professional and the building

plans will have to be submitted to the concerned local body along with the fees and

other requisite documents. The local body shall grant the building permit within 30 days.

iii.

Industrial Buildings

For approval of the buildings meant for use as storage buildings/ warehouses/godowns, risk-

based classification

Risks

Low

Moderate

High

Criteria

Parameters

Size of the plot

Square Meters

Up to 350 m²

Above 350 m²

All sizes

Height of the building

Meters

Less than 15

Less than 15 m

15 m and above

Abutting Road width

Meters

Min. 12

Min. 12 m

Note:

A. The level of Risk is classified according to the size and height of the industrial

building proposed.

B. The Urban Local Body/ Urban Development Authority shall empanel professionals as

per “Annexure D”.

C. The building application processing fees shall be derived by an automated built-in

calculator in the online system.

Suggested modes of Fast Tracking:

For Low-Risk Buildings:

1. Deemed Approval with Self-Certification

2. Plans to be submitted along with Structural drawings which does not require

sanction

For Moderate-Risk Buildings:

1. Plans to be submitted to the empaneled professional.

2. Clearances and NOCs from department, or authority as per Section 5.10

3. Approval to be granted within 10 working days by the empaneled professional.

4. Approved plan to be submitted to ULB/DA.

For High-Risk Buildings:

1. Online application

2. Immediate acknowledgement by software

3. Clearances and NOCs from department, or authority as per Section 5.10

4. Approval by ULB/DA within 20 working days

Chapter-7: Land Use of Site, Planning and Architectural Control and Coverage

7.1

Use of site, type, and character of building

(i)

Type and character of building, including ancillary buildings, that may be

erected or re- erected on a site and the purpose for which these may be

used shall not be other than that shown in the Master Plan or Zonal

Development Plan, as the case may be, or as shown in the approved

layout plan of a colony or zoning plan, if any.

(ii)

Where the site does not form part of a layout plan or zoning plan, the use

shall be in conformity with the use prescribed in the Master Plan or Zonal

Development Plan and in case no master plan notified, in that case, the

use of the surrounding area will be considered and in such cases the

decision of the competent authority shall be final.

(iii)

Every building that may be erected or re-erected on a site, in addition to

the foregoing restrictions, shall comply with the restrictions shown in the

Architectural Control Sheets, wherever applicable which shall have

precedence over the Building Bye-Laws.

(iv)

Every building that may be erected or re-erected on a site, in addition to

other restrictions under these Bye-Laws, shall comply with the provisions

made in the National Building Code of India (updated from time to time),

wherever these Building Bye-Laws are not applicable.

(v)

Facade design to also incorporate Urban Design guidelines to preserve

heritage conservation and city identity for the districts. Separate Urban

Design guidelines need to be formulated and suitable notification need to be

released for the same by the relevant authorities.

7.2

Sub-division and amalgamation of plots

(i)

Sub-division of a bigger plot into smaller units is permissible in the case of a

family division, in case the plot is not allotted by the development agency.

In case a plot has been allotted by the development agency, the prior

approval of the competent authority is required. Each such sub-division shall

be accessible independently through a street or a public road/street.

(ii)

Except as otherwise expressly provided at the time of sale/allotment of plot

in a colony under specific scheme approved by the competent authority, not

more than one building unit shall be erected on any one plot, however, two

or more plots may be combined together under a single ownership for

purposes of erection of one “building unit”.

Note: -

“Building unit” means a self-contained building with such outbuildings as are

ordinarily ancillary to the main building used in connection therewith and

physically incapable of sub-division into two or more independent building

units. A building unit may, however, be owned by an individual or may be

jointly and severally owned, provided it remains in a single indivisible

ownership.

7.3

Proportion of the site which may be covered with buildings

(1) The proportions of covered area of a building, including ancillary buildings, shall be

in accordance with the categories of plots given in following sub-Codes and the

remaining portion shall be left open in the form of open space around the building

falling in the core area identified in the Master Plan or Zonal Development Plan or

as notified by the competent authority and other than Core Area.

(2)

For General Building Requirements, Chapter-4 of Model Building Bye Laws 2016

needs to be referred.

(3)

Chapter 5 & 6 of Model Building Bye Laws, 2016 need to be referred for

provisions of high rise and structural safety, as relevant, unless mentioned

otherwise

(4)

Unless specified in these building bye-Laws, DCRs, or Architecture Control Sheets,

and/or urban design guidelines the minimum setbacks, permissible heights and any

relevant critical sections shall be referred to from Model Building Byelaws, 2016.

(5)

Restrictions based on critical areas need to be included, including Airport Authority

of India, Archaeological Department, Hazard Risk Mitigation, and other critical areas

need to be consulted with the relevant authorities, and NOC shall need to be

obtained as the case may be.

(6)

Relevant group housing requirements need to be referenced with Master Plan/DCR

documents. Special provisions for construction of EWS and slums housing based

on spatial impact assessment depending on the feasibility of the project, location,

and impact shall be taken from Master Plan/DCR Documents. Private developers

need to provide 15% for EWS and hand over to ULB at predetermined price;

similar reservations need to be explored and provided in the Group Housing

wherever relevant.

(7)

Core Area land use-wise permissible coverage, floor area ratio and height shall be

as follows:

(i)

Residential

Sr.

Plot area slabs

in square

meters

Maximum

permissible

Ground Coverage

Permissible

basement

Maximum

permissible

Floor Area Ratio

(FAR)

Maximum

permissible Height

(G+3 Floor)

(including stilt (S+4

Floor in meters)

1 Up to 100

80%

Single level

200 %

15.0

2 Above 100 to

200

75%

Single level

200 %

15.0

3 Above 200 to

300

70%

Single level

180 %

15.0

4 Above 300 to

400

65%

Single level

160 %

15.0

5 Above 400

55%

Single level

140 %

15.0

(ii)

Commercial

Sr.

No.

Plot area slabs

Square meters

Maximum

permissible

Permissible

basement

Maximum

permissible

Floor Area

Maximum

permissible

Ground Coverage

Ratio (FAR)

Height

up to 50

90%

Single level

200 %

Above 50 to 100

80%

Single level

200 %

Above 100 to 200

70%

Single level

180 %

Above 200 to 400

60%

Single level

160 %

Above 400

40%

Single level

150 %

(iii) Plot setbacks for both core and non-core areas.

The buildings shall not project beyond the building lines as shown in the zoning plan

of respective schemes/Zonal Development Plans/Development Control Regulations and

or as indicated below the minimum setbacks shall be adhered.

Sr. No.

Area of plot

(in sq.

meters)

Minimum Front

Setback

(meters)

Minimum Rear

Setback

(meters)

Up to 50

1.0

Above 50 to 150

1.5

1.0

Above 150 to 200

2.5

2.0

Above 200 to 400

3.0

Above 400 square meters

4.5

4.0

(8)

Areas other than core area:

(i)

Residential: In the case of Plots; permissible coverage, floor Area ratio and

height

Sr.

No.

Plot area in

Square

Maximum

permissible

Ground

Permissible

Basement

Maximum

permissible

Maximum

permissible Height

(G+3 Floor)

Meters

Coverage

FAR

(including stilt (S+4

Floor)) (in meters)

Up to100

65%

Single level

160 %

15.0

Above 100 to 250

65%

Single level

145 %

15.0

Above 250 to 350

60%

Single level

130 %

15.0

Above 350 to 500

60 %

Single level

120 %

15.0

Above 500

55 %

Double level

100 %

15.0

Note:

A. The additional FAR to the extent of 5% within the permissible height can be

purchased at the collector’s rates fixed from time to time for the respective

localities.

B. Provided that the building shall conform to the restrictions contained in the

zoning plans, development control regulations (DCRs) or the architectural control

sheets of respective areas.

C. Provided that the 25% of the built-up area of the building not exceeding up to

50 square meters, whichever is less, can be used for non-nuisance professional

consultancy services, after getting permission from the competent authority in

writing. The applicant shall apply for specific use of consultancy services as

mentioned in Code 3.83 in Form NAC-I along with fee as fixed from time to

time and the permission shall be granted in Form NPC-II”.

D. Stilt floor is permitted for parking purposes in residential and commercial plots of

all sizes, subject to the condition that maximum permissible height of the

building shall not exceed 15 meters.

E. Transfer of Development Rights need to be provided in accordance to Master

Plan, DCRs and Zoning Regulations [that should include disaster management

component, heritage preservation and conservations and other zoning regulations

as required].

(ii)

Group Housing

Sr.

No.

Maximum permissible

ground coverage

Permissible

Basement

Floor Area

Ratio

Maximum Permissible

height (m)

40%

Up to two

levels

175%

Note:

A. The parking requirement of group housing shall be governed by Code 7.1 or as

per the national building code updated.

(iii) Commercial

Sr.

No.

Type of building

Area

Norm

Maximum

permissible

Ground

Coverage

Permissible

Basement

Maximum

permissible

Floor Area

Ratio (FAR)

Maximum

permissible

Height

1 Individual Shops

No Limit As per the Architectural Control Sheets relating to

façade and height controls in a street.

2 Approved Commercial

colony: includes

shopping mall,

multiplex,

Departmental store,

integrated commercial

Complex, Service

Apartments, starred

Hotels/ Unstarred

Hotels and Guest

Houses, offices.

No Limit

60 %

Two

levels

175 %

3 Dhabas

500

square

meters

50 %

One level

50 % (with

maximum 50

sqm for kiosks

1/2 acre

for

other items)

4 Banquet Hall

Minimum

2.5

acres

50 %

One level 50% (10%

FAR

allowed for gift

shop/STD

Booths, Toy

Centre and

flower shops

etc.)

5 Resort, Motel

(with/without banquet

hall facilities)

No Limit

40%

Two

levels

175 %

6 Starred Hotels,

Restaurants

No Limit

40 %

Two

levels

175 % (with

permissible

15%

commercial

component)

7 Amusement Park

No Limit

30 %

One Level 50 % (with

permissible

15%

commercial

component)

8 Big retail stores

No Limit

50%

Two

Levels

175%

9 Petrol Stations

No Limit

As per terms and conditions of Oil companies.

Note: For all use cases subject to petroleum and explosive material handling, PESO

regulations including Fire clearances are recommended

(iv) Institutional and Educational

Plot area

slabs

(Square

meters)

Maximum

permissible

Ground Coverage

Permissible

Basement

Maximum

permissible

Floor Area

Ratio (FAR)

Maximum

permissible

Height

Up to 10000

35%

Up to two

levels

150%

15 m

Above 10000

25% of such portion of

site

Up to two

levels

150%

15 m

Note:

A. In the case of educational institutions (Schools/College/University), the Hostel

component is restricted to 20% of maximum permissible covered area, and

B. The

residential

component

(i.e.,

residential

facility

for

principal,

teachers/professors, staff, etc.) is restricted to 10% of maximum permissible

covered area in addition to hostel component).

C. However, the competent authority may consider the requirement of the project

for permitting residential component up to maximum limit of 50% of FAR by

recording the reasons of Justification.

(v)

Industrial and IT

Sr.

No.

Type of Industry

Maximum

Ground

Coverag

Permissible

Basement

Maximum

Permissible

Floor Area

Ratio

Maximum

Permissible

Height

Remarks

1. General

60%

Twin level

150

18 Meters

2. Apparel and Footwear

40%

Twin level

200 %

18 Meters To be located

(vi)

(vii) Storage / Godown

(viii) Warehouse

Sr.

No.

Type of building

Maximum

permissible

Ground

coverage

Maximum

permissible

Floor Area Ratio

(FAR)

Setbacks all

around the plot

(in meters)

1 Integrated Inland Container

Depot/Custom Bounded Area

60%

2 Warehouse other than

agricultural produce/Grain

Godown/Silos

3 Warehouse for Agricultural

Produce/Grain Godown/ Silos

4 Gas Godown

(ix) Recreational

Sr.

No.

Type of building

Area

norms

Maximum

permissible

Ground

Permissible

basement

Maximum

permissible

Floor Area

Maximum

permissible

Height

3. Biotechnology other

than Pharmaceuticals

on a road

with

Right of Way of

12 meters and

above.

4. Information

Technology/

Information Technology

Enable Services

5. Approved Information

Technology Park,

Cyber Park, Cyber

City, Technology Park

40%

Twin Level

250

18 Meters

Subject to

condition that

the plot must be

located on roads

with a Right of

Way of 15

meters and

above.

coverage

Ratio

(FAR)

meters

1 Recreational site in residential

zone such as Club/Community

Centre including swimming pool,

Badminton/Tennis/

Squash

Court, Indoor Games, Canteen/

Restaurant (not exceeding 200

square meters area) and related

uses.

Note:

a. Not more than 10% of the

permitted FAR to be allowed

for rooms.

b. Maximum 10% of the total

FAR can be utilized for

commercial use viz, Canteen/

Restaurants.

0.5

acre to

2 acres

40 %

Single level

100 %

2 Open Space Zone such as Mini

Amusement

Park,

Outdoor

games facility, Canteen (not

exceeding 200 square meters

area) and related infrastructure

requiring

minimal

construction

activity

Note:

The overall character of the site

shall be maintained as open

with minimum construction to be

permitted at site. However, Joy

rides/ water parks etc. Installed

in such projects, which are open

to sky

shall not be part of covered

2 acres

to 5

acres

10%

Single level

10%

area/ FAR.

Note:

A. Control of signs (hoardings) and outdoor display structures and transmission

tower, telephone tower, mobile/broadband tower, and outdoor display structure

(Apart from provisions laid down in NBC 2005)

7.4

General note

The unrestricted height shall only be allowed subject to submission of No Objection

Certificate from the appropriate authority (i.e., Defense Establishment, Air Force

Establishment, Airport Authority of India, etc.), if any in the area. The same needs to

be sanctioned by Chief Engineer, PWD of UT Ladakh.

It shall be the responsibility of the competent authority to procure the zoning map/

instructions issued by the appropriate authority (i.e., Defense Establishment, Air

Force Establishment, Airport Authority of India, etc.) for final checks and approval.

Architectural/ Frame Control and siting of building

In the case of building sites where architectural control is considered necessary

by the competent authority shall cause to prepare Architectural Control Sheets

showing the extent of architectural control on various units of the buildings or on

the streets for such buildings to have a rhythmic façade and height control, inter-

alia, the following:

(i)

compulsory elevations for a particular building or a row of buildings,

(ii)

compulsory height on the front or on any side exposed to view from a

street upon which building shall have to be erected and completed within a

certain period,

(iii)

compulsory height of floors,

(iv)

compulsory height and design of cornices, sills and top of windows in the

first and higher stories,

(v)

compulsory building line along which the building shall have to be erected

and completed within a certain period,

(vi)

compulsory type designs of balconies,

(vii)

compulsory use of materials texture and colour, and,

(viii) building line in front, rear and side shall be as approved by the competent

authority.

(ix)

Chapter 5 & 6 for National Building Codes, 2016 needs to be referred, as

well as IS-Codes need to be incorporated for various building materials,

and prevalent building codes for common materials found in Ladakh needs

to be referred:

(a) IS-456 (2000) – Concrete/RCC

(b) IS-800 – Steel Structures

structures - Snow Loads

(d) IS-2212- Brickwork

(e) IS-13077 – Mud Mortar Construction

(f) IS-1904 – Structural Safety

(g) IS-1905 – Structural use of unreinforced masonry

(h) IS – 3629 – Structural Timber

(i) Any other relevant codes as deemed necessary by Competent Authorities, as

mentioned in Chapter-3, and Annexure - D

Special zoning

In case competent authority decides that it is not feasible to keep setbacks/

spaces as prescribed in these Bye-Laws due to peculiar shape and condition of

the site, then the competent authority after recording reasons in writing may

issue special zoning plan, keeping in view the fire safety measures given in Part

IV of NBC, and as updated from time to time.

Green building measures and incentives

(i) For reducing consumption of total energy, fresh potable water and reduction in

total waste generation in modern buildings, the green building measures shall

be adopted by all buildings on plot measuring more than 250 square meters.

(ii) All buildings more than 200 sq. m. shall comply with the green norms and

conform to the requirements mandatory for sanction as per provisions

mentioned in Chapter-10 of Model Building Bye Laws 2016.

(iii) The applicant shall be awarded benefits of additional Floor Area Ratio (on

plot area) for adopting either green norms specified in sub-Code (iii) or by

getting building/ site/ project certified from Green Rating for Integrated Habitat

Assessment (GRIHA) /Indian Green Building Council (IGBC)/ Leadership in

Energy and Environmental Design (LEED)/ Green & Eco-friendly Movement

(GEM) certification and achieving rating as specified in Code 7.4 (e) (iv) Or

Applicants who install and successfully operate a geothermal heating system

in residential, Hotels, resorts and Govt. offices buildings to meet all the space

heating requirements of their building shall be awarded an additional Floor

Area Ratio (FAR) of 6% based on the plot area. However, the geothermal

heating system must comply with all relevant technical and safety standards

and verified by ULB.

(iv) The details of green norms for additional FAR:

(a) For Solar Power

Generating power in respect of total connected

load of building from solar photovoltaic power plant

15 to

25%

26 to

50%

51 to

75%

76 to

100%

Additional FAR for all building Uses (except

approved plotted residential)

12%

(b) For installing Solid Waste Management Unit in industrial sites:

Installing Solid Waste Management Unit for treatment of total generated waste.

Additional FAR for all building uses (except approved plotted residential)

Floor Area Ratio (FAR) is as under: -

Additional FAR for all building uses (except

plotted residential)

12%

15%

GRIHA rating

star

2 star

3 star

4 star

5 star

IGBC/LEED rating

Silver

Gold

Platinum

GEM Rating

GEM 2 GEM 3

GEM

GEM 5

Note: -

(i)

The additional FAR shall be given over and above the maximum

permissible FAR as stated in Code 7.3.

(ii)

The incentive of additional FAR for achieving GRIHA/IGBC/LEED/GEM

rating shall be applicable only in the case of erection and re-erection

buildings.

(iii) The incentive of additional FAR would also be applicable for buildings

which are under construction and registered with the rating agencies

(GRIHA/IGBC/LEED/GEM) and incorporating features for making Green

Buildings but have not yet obtained Occupation Certificate.

7.5

Procedure for availing incentive:

(i)

The

applicant

required

submit

provisional

rating

from

GRIHA/LEED/IGBC/GEM at the time of submission of building plan

application to the competent authority (Code 5.1 and 5.2, Chapter 3, and

Annexure ‘D’) for claiming incentive of additional FAR stated at Code 7.5

(iv),

(ii)

At the time of applying for Occupation Certificate of building, the applicant is

required to submit final rating from GRIHA/LEED/IGBC/GEM,

(iii)

The competent authority only after verifying that the GRIHA/LEED/IGBC/GEM

rating achieved in final rating is same as provisional rating submitted at the

time of building plan application, shall issue the Occupation Certificate.

Provided, in case the final rating achieved is lesser than the provisional

rating, the occupation certificate shall be issued after compounding additional

FAR (i.e., difference of additional FAR from provisional rating and final rating)

acquired by the applicant. However, the applicant may claim additional FAR,

if final rating is higher than the provisional rating.

(iv)

The applicant must submit a rating certificate for the building from

GRIHA/LEED/IGBC/GEM Compliance Certificate with respect to clause 6.5 (iii)

[duly issued by architect or engineer or Bureau of Energy Efficiency Certified

Energy Auditors as the case may be] is to be submitted after every five (5)

years. In case, s/he fails to submit this certificate, the authority, after giving

her/him one month notice may charge the compounding fee or may take

appropriate action on case-to-case basis by recording the reasons in writing,

thereof.

Chapter-8: Parking Spaces and Building Design Norms

8. Parking v/s Building

8.1

Parking Car Space norms for buildings land-use-wise shall be as follows:

(1) Car space Norms for residential plots:

Sr. No. Size of plot (square meters)

No of ECS

Above 180

2.00 ECS for each dwelling unit

Above 120 to 180

1.50 ECS for each dwelling unit

Above 100 to 120

1.00 ECS for each dwelling unit

Above 50 to 100

0.50 ECS for each dwelling unit

Upto 50

0.25 ECS for each dwelling unit

Note-One ECS=12.5 sq. m. to be indicated in car bay size of 2.5 m X 5 m in residential

plots.

No on street parking where the right of way of road/street is less than 12 meters shall be

permissible

(2) For Residential Plots, Minimum Parking requirement for individual plotted housing

shall be calculated @ 0.25 ECS for every 40 sqm of built-up area.*

*The norms are based on case studies of Building Bye-Laws for other hill cities.

The above clause has been referred to as per the Jammu and Kashmir Unified

Building Byelaws, 2021.

(3) For integrated/multi storied commercial building, big retail stores, restaurant,

multiplex/ cinema/ theatre, and shopping mall 1.0 ECS for every 50 square

meters of covered area,

(4) For offices, cyber park/IT park/cyber cities, 1.0 ECS for every 75 square meters

of covered,

(5) For shopping area and designated shopping markets being developed by

competent authority, 65% of total site area shall be kept for parking purpose,

(6) For hospitals,1.0 ECS for every 2 beds and for visitors 1 ECS for every 4 beds,

(7) For industries, 1.0 ECS for every 300 square meters of covered area,

(8) For assembly buildings (i.e., standalone theatres, cinema houses, concert

halls, auditoria, and assembly halls), 1 ECS for every 40 square meters of

covered area,

(9) For primary and secondary schools, 15% of total site area for parking purpose,

(10) For college, parking at rate of 1 ECS for every 200 square meters of covered

area,

(11) For government or semi-public offices including civil/ High Court, 1 ECS for

every 75 square meters of covered area,

(12) For hotels and motels, 1.0 ECS for every 75 square meters of covered area,

(13) For institutional/ educational/ assembly buildings with parking areas, designated

space in parking lots for on-site snow storage in areas that maximize sunlight

and melting, while being mindful of drainage considerations,

(14) Covered parking in the basement or in the form of multi-level parking above

ground level or stilt shall not be counted towards FAR. However, the footprint

of separate parking building block(s) shall be counted towards ground

coverage. For existing properties, separate parking area shall not be counted

towards FAR,

(15) Parking facilities need to include no-parking zones as per DCRs and Master

Plans of the respective Local bodies,

(16) Necessary changes may be made in the parking as per subsequent

Development Plans and requirement of the time for which the changes are

being provided. Furthermore, Code 3.3 of Model Building Bye Laws 2016

needs to be referred, wherever not mentioned in these Bye-Laws,

(17) In case of provision of mechanical parking in the basement floor/upper stories,

the floor to ceiling clear height of the basement/floor shall be maximum of

4.75 meters,

(18) No storage and commercial activities shall be permissible in the covered

parking areas,

(19) The misuse of the covered parking space shall immediately attract levy of

three times the penalty of the composition fee prescribed (i.e., applicable

collector rates for the locality) for the excess covered area in the respective

category,

(20) Fast charging facilities need to be incorporated at feasible locations for high

volume of vehicles.

8.2

Applicable Car Space norms for sub-code 8.1 (1) to (19) above shall be as under:

1ECS = 23 square meters for open parking,

ii.

28 square meters for parking on stilts, and,

iii.

32 square meters for basement parking.

8.3

Party Wall

(1) In case the plot holder intends to construct a common boundary wall with

minimum width of 230mm, shall be required to submit consent of owners of

adjacent plots with which plot shares a common boundary i.e., the plot on

both sides and at the rear.

(2) Wherever the plot owner opts for independent boundary wall within the plot

boundary:

(i)

shall be allowed independent boundary wall only where adjacent plots are

vacant, and,

(ii)

the owner shall ensure that no part of foundation and boundary wall is

constructed on the adjoining plot.

8.4

Courtyard

Interior courtyard for light and ventilation of habitable rooms shall not be less

than 12.0 square meters in area and the minimum width of every such

courtyard in any direction shall not be less than 3.0 meters.

8.5

Plinth

(1) Plinth area shall be considered from Plot boundary Center line sharing the

approach road. The plinth of the main building shall be sited with respect to

surrounding ground level for proper drainage of the plot. The height of the

plinth shall not be less than 450 mm and more than 1.5 meters in the case of

independent building not sharing party wall. If the party wall is shared the

plinth level shall be the same as already laid for the party wall.

(2) The plinth of courtyard shall be at least 150 mm above the level of the street

from where entry to plot has been taken and shall be satisfactorily drained.

(3) In no case, any part of the ramp/steps connecting building plinth to street/road

shall lie on street/road and obstruct traffic movement.

8.6

Minimum area, size, height, light and ventilation required for different

components of Residential buildings

(1) Minimum area of a habitable room, kitchen and water closet shall be followed

in accordance with tablet given as under:

Sr.

No.

Room type

Minimum

area (in

square

meters

Minimum

width (in

meters)

Minimum clear

Height (in

meters)

Light and Ventilation

(area of openable

windows, ventilators)

Habitable

room

9.5

2.4

2.40

Not less than 1/8^thof

the total floor area of

the room.

Kitchen

5.5

1.8

2.40

Not less than 1/8th of

the

total floor area of the

room.

Pantry

3.00

1.40

2.10

Not applicable

Bathroom

1.80

1.20

2.10

Water

Closet

1.1

0.90

2.10

Combined

Bath and

Water

Closet

2.8

1.2

2.10

0.3 square meters on

wall not less than 0.3

meters

wide.

Store

No restriction

2.10

Not applicable

Garage

14.85

2.75 x 5.40

2.40

Doorways

Habitable

room

Not applicable

0.90

1.95

10 Doorways

for

kitchen,

bath, W.C

Not applicable

0.75

2.10

(2) Habitable room Size and height

(i)

in case of Group Housing scheme, the dwelling unit having more than one

room may have one of the rooms with a clear floor area not less than 7.5

sq. meters with one side not less than 2.4 meters,

(ii) in case of air-conditioned rooms, the height shall not be less than 2.4

meters measured from the surface of the floor to the lowest point of air

conditioning duct or false ceiling; and,

(iii) all doors and windows shall open directly or through a verandah or to a

permanent open space or an open space abutting the building not less than

1.8 meters in width.

(3) Bathroom and Water Closet (W.C.)

(i)

Every bathroom and water closet shall:

(a) preferably be so situated that at least one of its walls shall have opening

for circulation of external air, with provision of exhaust fan, and,

(b) toilet be provided with impervious floor covering sloping towards the drain

with a suitable gradient.

(ii) where the water-closet in a building is not connected to exterior, it shall be

ventilated by mechanical means or through a vertical shaft open to sky of a

minimum size stated in the Model Building Bye Laws 2016, for ventilation

to toilet, bath, and water closet, and shall be counted in covered area,

(iii) no room containing water-closet shall be used for any other purposes

except as lavatory and no such room shall open directly into any kitchen or

cooking space by a door/ window or another opening, and every room

containing water- closet shall have a door completely closing its entrance.

(iv) soil or ventilating pipes shall not be allowed on the exterior face of any

building, provided these shall either be embedded in the walls or pipe ducts

to be provided to accommodate them.

(v) Security rooms each measuring maximum area of 3.0 square meters is

permitted only at the entry-exit gates of premises.

(vi) All commercial buildings should necessarily design a public toilet with winter

friendly technology and universal design. Buildings with plinth areas more

than 75 sqm shall be accessible from outside of main building block.

8.7

Boundary Wall, Fence, Gate and Porch

(1)

The location of gate shall be one side of front wall.

(2)

Maximum permissible height of front side boundary wall shall be not more than

1.2 meters from the mean level of abutting street in front of the plot from

where entry to the plot is taken.

Note: The owner/applicant if desires, not to construct the front boundary wall, is

permitted so to utilize for parking.

(3)

maximum height of boundary wall at rear and side of plot shall not be more

than 1.8 meters from the mean level of abutting street in front of the plot from

where entry to the plot has been taken.

Note: In case of plots above 2000 square meters, maximum height of boundary

wall at the rear and side of the plot shall not be more than 1.8 meters from

the abutting ground level.

(4)

a railing/grill with or without poly carbonate/fiber glass sheet covering for a

height of 0.75 meter shall be permitted over and above the maximum height of

boundary wall on all sides.

(5)

the temporary porches of polycarbonate sheets/fiber glass roof or any other

temporary material covering on suitable structure, shall be allowed in residential

plots with the condition that these shall be open on sides in the driveway area

within the plot.

(6)

boundary wall up to the height of 2.4 meters may be permitted by the

competent authority in industrial buildings, electric sub-stations, transformer

stations, institutional buildings like 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.

(7)

Construction of boundary/compound walls of the site should be at least 10 m

away from the bank of the river, if the location is proposed near any riverbank.

8.8

Staircase

(1) Every building intended to be used as multiple residential building or commercial

or educational and institutional or industrial building shall be provided with

required number of staircases (accessible from a maximum distance of 30

meters (45 meters, if building has automatic sprinklers for firefighting) from any

part of the building, extending from ground floor level to the highest floor, having

following specifications:

(2)

minimum headroom in a passage under the landing of a staircase and the minimum

clear headroom in any staircase shall be 2.1 meters.

Sr.

No.

Type of building

Minimum

permissible clear

width of

staircase (in

meters)

Minimum

permissible width

of tread (in

meters)

Maximum

permissible height

of riser (in

meters)

Residential Plots up to 15

meters height

0.9

0.25

(Without nosing)

0.19

Plots above 15

meters height

1.2

Commercial Plots up to 50

square meters

area

0.9

0.25

(Without nosing)

0.15

Plots above 50

square meters

area

1.2

0.30

(Without nosing)

Assembly building

2.0

0.30

(Without nosing)

0.15

Educational building

1.5

0.30

(Without nosing)

0.15

Institutional building

2.0

0.30

(Without nosing)

0.15

Inland Container Depot

& Custom bounded

area

1.5

0.30

(Without nosing)

0.15

Industrial building;

1.5

0.30

(Without nosing)

0.15

Any other buildings

1.5

0.30

(Without nosing)

0.15

(3)

maximum numbers of risers in single flight are limited to 14 nos.

(4)

if a service or a spiral staircase is provided, its width shall not be less than 1.0

meter and its average tread width shall not be less than mention in table of sub-

Code (1).

(5)

notwithstanding anything contained in sub-Code (1), the staircases in the private

portion of a public building and industrial building, not open to the general public,

may be of the sizes mentioned for residential building.

8.9

Ramps and Lifts

(1)

Every building having more than 15 meters height shall be provided with a lift or a

ramp with an inclination of 1:10 in addition to the staircases. In all residential

buildings having more than 15 meters height, lift is mandatory to install in numbers

depending on the occupancy of building.

(2)

In case of public buildings with only ground floor, ramp shall be provided for

differently abled persons reaching its plinth level, if public buildings are of more

than one storey, lift or ramp shall be provided, but at ground floor, ramp shall be

provided for reaching plinth level of building.

(3)

Ramps:

(i) The ramp to basement and parking floors shall not be less than 6 meters wide for

two-way traffic and 4 meters wide for one-way vehicular movement, provided with

gradient not less than 1:8.

(ii) The minimum width of the ramps in hospitals shall be 2.4 meters for movement of

stretcher and for public use. In no case, the hospital ramps shall be used for

vehicular movement.

(iii) Ramps may also be provided in the setbacks which can be sloped considering

unhindered movement of fire engine and in no case the gradient shall be less than

1:8. (to be read with basement)

(iv) All structural design/safety aspects as per latest Bureau of Indian Standards Codes

and National Building Code, as amended from time to time, shall be complied along

with consideration of weight of fire engine and its maneuvering.

(v) A ramp for human movement shall have handrail on at least one side, and

preferably two sides with minimum height of 0.90 meters, measured from the

surface of the ramp. The handrails shall be smooth and extend to 0.30 meters

beyond the top and bottom of the ramp. Where predominant movement is of

children, the extra handrail shall be placed at a height of 0.76 meter.

(vi) Standards of Ramps to be referred from Fire safety perspective (Chapter 11, Model

Building Bye Laws, 2016) and Harmonised Guidelines and Standards for

Universal Accessibility 2021

(4)

Lifts

Wherever lift is required as per Code, provision of at least one lift shall be made for

the wheelchair users, with the following cage dimensions, recommended for

passenger lift of 13 persons capacity by the Bureau of Indian Standards:

(i)

Clear internal depth 1.1 meters.

(ii)

Clear internal width 2.0 meters.

(iii) Entrance door width 0.9 meter.

(iv) a handrail not less than 0.6 meter long and 1 meter above floor level shall be

fixed adjacent to the control panel.

(v)

the minimum size of lift lobby shall be 1.8 meters x 2.0 meters or more.

(vi) the interior of the cage shall be provided with Braille symbols and audible that

sounding the floor, when the cage reaches on a floor, indicating that the door

of the cage for entrance/ exit is either open or closed.

Further standards of lifts shall be referred from Code 5.4.4 of Model Building

Bye-laws, 2016, and National Building Codes, 2016, wherever applicable.

8.10

Passages and corridors

(1) The minimum width of corridors and passages in a residential building

shall be 1.25 meters and these shall be of fire-resistant material.

(2) Minimum width of any corridor and passage in case of residential buildings

with multiple dwelling units and for other types of buildings, shall be as

given below:

Sr. No.

Building type

Minimum permissible width of passage and

corridor (in meters)

Residential

1.25

Commercial

1.25

Assembly

2.0

Educational

2.0

Institutional

2.0

Inland Container Depot &

Custom bounded area

1.5

Industrial

1.5

Hospital, nursing homes, etc.

2.4

All other building including

hostels.

1.5

(3) The clear headroom height of passage and corridors shall, in no case, be

less than 2.15 meters.

(4) All surfaces including ceiling shall be of fire-resistant materials.

(5) All the passages and corridors shall be naturally lighted and ventilated and if

not possible, provision for artificial lighting and mechanical ventilation shall be

made.

8.11

Outside Seating

(1)

Seating and gathering places need to be oriented in public spaces to maximize

sunlight and offer some wind protection.

(2)

Climate sensitive materials for seating need to be used, e.g., wood, or heated tiles

need to be chosen for the design.

(3)

Benches and cluster seating near shrubs and coniferous trees to be provided,

where possible, for protection from extreme cold winter. A variety of styles of

benches and tables need to be explored that are moveable, so people may

choose to group with others or sit alone. Public provisions need to be explored by

competent authorities.

8.12

Exit

(1)

The requisite number and sizes of various exits shall be provided, based on the

occupants in each room and floor, on the occupant load, capacity of exits, travel

distance and height of buildings as per provisions of Part 4- Fire and Life Safety,

National Building Code, as updated from time to time.

(2)

At least one primary entrance and exit to each building shall be usable by

individuals in wheelchairs, indicated by a sign and on a level that would make the

elevators accessible.

(3)

Arrangement of Exits

(i) Exits shall be so located that the travel distance on the floor shall not exceed

22.50 meters for residential, educational, institutional, and hazardous occupancies

and 30.0 meters for assembly, business, mercantile, industrial and storage

occupancies. Whenever more than one exit is required for a floor of a building they

shall be placed as remote from each other as possible. All the exits shall be

accessible from the entire floor area at all floor levels.

(ii) The travel distance to an exit from the farthest point shall not exceed half the

distance as stated above.

Note: In the case of fully sprinklered building, the travel distance may be increased

by 50 percent of the values specified.

(4)

Width of Exit (to be read with sub code 8.6)

(i) No exit doorways shall be less than 1 meter in width except assembly and

institutional buildings where it shall not be less than 2 meters,

(ii) Exit doors 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 0.90 meter. Overhead door shall not be installed.

8.13

Means of Access

(1)

No Building shall be erected which deprives any other building of its means of

access.

(2)

If there are any bends or curves in the approach road, sufficient width shall be

permitted at the curve to enable the fire tenders with a turning circle minimum of

9.0 meters radius.

(3)

Other provisions of means of access for buildings other than plotted residential and

commercial shall be as under:

(i)

The approach to the building and open spaces on its all sides up to 6.0 meters

width, shall have composition of hard surface capable of taking the weight of fire

tender, weighing up to 22 tons for low rise buildings and 45 tons for building with a

height of 15 meters and above. The said open space shall be kept free of an

obstructions/hindrance,

(ii) Main entrance to the premises shall be of adequate width to allow easy access to

the fire tender and in no case, it shall measure less than 6.0 meters. The entrance

gate shall fold/ slide back against the compound wall of the premises, thus leaving

the exterior access way within the plot free for movement of the fire service

vehicles. If archway is provided over the main entrance, the height of the archway

shall not be less than 5.0 meters,

(iii) In case of basement extending beyond the building line, it shall be capable of

taking live load of 45 tons in the case building 15.0 meters and above in height

and 22 tons for building less than 15.0 meters in height,

(4)

Every person who applies for permission for erection or re-erection of a building

shall also submit NOC from the concerned authority for accessing the National

Highway and State Highway.

8.14

Light and Ventilation of building

(1)

Every room that is intended for human habitation shall abut on an interior or

exterior open space or on to a verandah which opens to such interior or exterior

open space.

(2)

The whole or part of one side of one or more rooms intended for human habitation

and not abutting on either the front, rear or side open spaces shall abut on an

interior open space whose minimum width in all directions shall be 3.0 meters in

case of buildings not more than 15 meters in height, and in case of buildings

above 15 meters, the provision of Code 7.2 (1) shall apply.

(3)

Sunken courtyard up to the lowest floor of basement(s) shall be allowed as ‘light

well’ within building envelop for light and ventilation for basement area subject to

drainage provisions.

(4)

Other provisions for light and ventilation in buildings other than plotted residential

and commercial schemes where exterior open-air space is intended to be used for

the benefit of more than one building on same plot/site, then the width of such

open-air space shall be the one specified for the tallest building abutting on such

open-air space, as given below:

Sr.

No.

Height of Building

up to (in meters)

Exterior open spaces to be left on all sides of building

blocks (in meters) (front, rear and sides in each

plot)

(5)

Ventilation shaft

For ventilating the water closets and bathrooms, if not opening on the front,

rear and interior open spaces, can open on the ventilation shaft, the size of

which shall not be less than the values given below:

Sr. No. ^{Height of Building}

(in meters)

Minimum size of Ventilation Shaft

(in square meters)

Minimum width of

Shaft (in meters)

Up to 10.0

1.2

0.9

Up to 12.0

2.8

1.2

Up to 18.0

4.0

1.5

Note:

(i)

For fully air-conditioned buildings the ventilation shaft shall not be

required, provided the air- conditioning system works on uninterrupted

source of power supply including power backup system.

(ii)

Horizontal ducting for ventilation may be installed in building with exhaust

fan of appropriate capacity for discharging used air to the external space

of building.

(6)

Integrated Heating and Winter Friendly Heating Systems need to be

incorporated at building levels. Chapter 10.2.3, and 10.2.4, Model Building Bye

Laws, 2016 need to be referred for specifications.

8.15

Cantilevered roof and chajja projections

(1)

No building verandah, chajja or other projections from the face of the building

shall be allowed to be erected or re-erected on or over a road or beyond the

boundaries of the applicants own land/ plot in view of safe distance from an

overhead power line.

(2)

Balcony of a width of maximum 1.80 meters in front and rear sides of a plot

can be permitted within the plot, provided the width of balcony does not

exceed half of the width of setback beyond it shall not be compounded and

has to be rectified, if exceeding.

(3)

On plots of the size of 300 square meters or above, where side setback has

been provided, a balcony of maximum width of 1.0 meter, inside set back can

be permitted.

(4)

Roofs shall be designed to prevent falling ice, snow, etc. onto entrances and

walkways. Snow guards to be included in the roofs to prevent hazards and

avoiding snow accumulation on gutters, etc.

(5)

Roof shapes against pedestrian accesses and/or exterior amenity areas to

reduce ice and snow hazards. These shapes may include elements such as

slippery sloped surfaces, curved roofs, roof steps and the direction of shedding

snow loads.

(6)

Lightwells and roof orientation need to increase solar access to building

interiors and covered outdoor spaces.

(7)

Sunshades over opening can be allowed subject to the following:

(i)

Sunshade of 0.23-meter width may be permitted over any road/over any

park/public place,

(ii)

Sunshade if permitted, shall be not less than a height of 2.3 meters from

the ground level to project up to a maximum of 0.45 meter within the

applicants own land, provided it does not exceed half of the width of

setback/open space.

8.16

Mezzanine floor

(1)

A mezzanine floor or internal balcony shall not be permitted unless the height

of the room is minimum 5.0 meters and such mezzanine floor or balcony does

not cover more than 1/3rd of the room area. The area of such mezzanine floor

shall not be counted in FAR.

(2)

The clear height of such mezzanine floor or internal balcony shall not be less

than 2.3 meters from the floor level to the soffit of ceiling.

8.17

Motor Garage

(1)

The minimum size of a private motor garage shall be 2.75 meters X 5.0

meters. The clear height of the garage shall not be less than 2.40 meters.

The plinth of the motor garage shall not be less than 150 mm above the

average ground level.

(2)

A garage is permissible within the zoned area and shall be counted in the

covered area.

(3)

Garage shall not be used for habitable purposes.

8.18

Minimum provisions for a dwelling unit

Each dwelling unit shall have following minimum provisions, for granting permission

to construct or use/occupy:

For Economic Weaker Section (EWS)

Other than EWS

(i) A Living/bedroom.

(ii) A Pantry,

(iii) One Bathroom and water closet (W.C)

integrated.

(i) A Living/bedroom.

(ii) A kitchen,

(iii) One Bathroom and One latrine or

W.C integrated.

The sizes shall be read comprehensively in conjunction with the General Building

Requirements of Model Building Byelaws by MoHUA, and National Building Code,

2016, and/or reiterations, or Government of India orders as necessary. These acts

shall be read with the Jammu and Kashmir Development Act, 1970, and Ladakh

Autonomous Hill Development Council Act, 1997. Furthermore, the dwelling units are

not to be subdivided into further units less than the mentioned norms in the

aforementioned documents. Also, a single dwelling unit shall not be converted into

apartments if it violates the minimum dwelling unit provisions as per these byelaws

and referred documents. The transfer of rights and subdivisions should not be less

than the minimum dwelling sizes and should be read with the aforementioned

documents.

8.19

Basement

(1)

The construction of the basement shall be allowed by the Competent Authority

in accordance with the provisions of these Bye-Laws.

(2)

The basement shall be constructed exactly below the building which may be

put to following uses:

(i)

Storage of household or other goods of ordinarily non-combustible material,

(ii)

Strong rooms, bank cellars, etc.,

(iii)

Air-conditioning equipment and other machines used for services and utilities

of the building,

(iv)

Modern automated laundry may be allowed only in the basement of Hotel and

Hospital/ Nursing Home sites, group housing, hostels, service apartments, as

an ancillary services for the purpose for which permission is granted by

Competent Authority and meant for in-house services only and subject to the

condition that these meet the public health requirement such as effluent of the

laundry properly pumped up to the ground floor inspection chambers and

discharged to the main sewer, and also for lift/escalator lobbies and parking.

(3)

The use of basement shall be specified in the building plans at the time of

submission, stated in Code 4.1 and 4.2.

(4)

The basement shall have the following provisions:

(i)

Light and ventilation of basement:

a. an open area of a minimum width of 1.8 meters shall be provided across

the full length and/ or width of the basement storey. This area shall be

within the limits of the site and shall be paved with impervious material

above a concrete bed and shall be completely unobstructed,

b. in the case of buildings governed by the zoning approved by the

competent authority, basement stories shall be lighted and ventilated by

means of windows of the minimum area within 1/10^th to 1/25^th of the total

floor area, at least half of which must open subject to the condition that

the deficit of light and ventilation shall be made up by providing artificial

lighting and mechanical ventilation as per provision of National Building

Code of India,

c. in case of buildings governed by Architectural Control and the basement

are for storage/ services, the provisions of light and ventilation shall be as

shown on the control sheets, and

d. in the second basement i.e., basement lower than below the ground floor

where it is to be used for parking/ services, part IV of National Building

Code to be adhered.

(ii)

Damp proofing of basement:

The walls of the basement story shall be damp-proof for effectively securing

against dampness from the soil.

(iii)

Height of the basement

a. The minimum clear height of the basement shall be 2.4 meters and

maximum clear height of the basement shall be up to 4.75 meters from

floor to the underside of the roof slab or ceiling subject to structural

stability to be certified by the civil/structural engineer.

b. The minimum height of the roof of basement shall be 0.45 meters (with

mechanical ventilation/cutout in stilts) and maximum 1.5 meters above the

average surrounding ground level for plots up to 1000 square meters.

c. For plots above 1000 square meters, can be up to 1.5 meters above the

average surrounding ground level.

(iv)

Drainage of basement

a. Open area adjoining a basement story, if any, shall be effectively drained

to the satisfaction of the Competent Authority.

b. The responsibility of draining the basement storey/stories and for protecting it

from rain shall be of the owner.

c. The access to the basement shall be separate from the main and

alternative staircase providing access and exit from higher floors.

d. Where the staircase is continuous in the case of buildings served by more

than one staircase, the same shall be of enclosed type serving as a fire

separation from the basement floor and higher floors. Open ramps shall be

permitted if they are constructed within the building line subject to the

provision of Code 8.9.

e. The “Exit” requirements in basements shall comply with the provisions of

Part 4 ‘Fire and Life Safety’ of National Building Code of India.

(5)

Basement shall not be constructed beyond the zoned area or in case there is

an adjacent existing building, a setback of 2.4 meters shall be taken from the

existing adjacent building.

8.20

Fire

(1) Fire protection measures provided in Part IV of National Building Code of India,

dealing with the fire protection measures as updated from time to time, shall be

adhered.

(2) The fire provisions made in the building wherever applicable, shall have to be

got verified from the Competent Authority or officer authorized from fire safety

point of view and accordingly a certificate shall be submitted by the owner.

(3) All public buildings, as well as publicly accessible buildings including but not

limited to hotels, guesthouses, restaurants, commercial complexes, hospitals,

government offices, bus stations, airports, schools, institutions, wellness centers,

religious buildings, multilevel car parking, apartments, etc. should have fire

evacuation plans on each floor. The evacuation plans themselves should

incorporate feasible locations for the placement of evacuation plans and should

be vetted by an architect/engineer/appropriate authority as given power by the

UT Administration.

(4) Notwithstanding the provisions mentioned in the previous sections, Chapter 11 of

Model Building Bye Laws, 2016 for Fire Protection and Fire Safety requirements

need to be adhered to. This is to include but shall not be limited to provisions

for building components, means of access, fire escapes, stairs & staircases, lifts,

basement, helipad, service ducts, refuge chute, electrical services, staircase and

corridor lights, air-conditioning, fire dampers, boiler room, electric supply, fire

protection requirements, water storage, sprinklers, extinguisher systems, alarm

systems, material of construction, storage of chemicals & materials, and

occupancy restrictions.

Chapter-9: Climate Change and Sustainable Measures in Cold Desert

9.1.

Rainwater/Snow-Melt Harvesting for Ground Water Recharge

Arrangement for roof top and ground surface rainwater harvesting within the

plot may be made by the plot owner plot measuring more than 200 square

meters, or as may be decided by the UT Administration/Municipal

Committees:

(1) Recharging of ground water shall be preferred not only for residential buildings

but for all types of buildings, including Group Housing Societies having a plot

area more than 250 square meters,

(2) The Ground Water Recharge shall be preferred for open spaces like parks,

parking, plazas, playgrounds, and other common areas. The harvesting and

recharge structures should be constructed by the Authority by associating

community-based organizations including Resident Welfare Associations, or by

any other agencies or client themselves,

(3) Where snow remains on the surface within a plot or in parks, open spaces,

the water of melting snow should flow to the ground water recharge system.

9.2. Rainwater/Snow-Melt Harvesting System Measures

The collection, conveyance, and dispersal of rainwater for harvesting should

only be of clear water to check contamination of ground water. This shall

include ‘filtration and storage’ of surface run-off for limited range, and re-use

of collected and filtered rainwater.

ii.

The entry or pouring points of the rainwater shall be designed to remain

covered.

iii.

The arrangement of quick filtration of rainwater/snow-melt shall also be made

in the rainwater/snow-melt harvesting well/ tube well so that rainwater does

not choke the strata.

iv.

The complete rainwater/snow-melt harvesting system shall be constructed

within the available area of the plot.

The recharge well shall be located at a distance of not less than 10 meters

away from any structure handling sewage or industrial wastewater (such as

septic tank or effluent treatment plant etc.). This minimum distance of 10

meters shall not be applicable to manholes or sewer lines although it shall

be ensured that they are leak proof.

vi.

The detailed proposal of the system comprising collection, conveyance and

dispersion of rainwater harvesting well/ tube well shall have to be shown on

the building plan submitted for approval.

vii.

The Owner/ competent professional duly engaged for supervision and

execution of the construction of the building shall submit the certificate stating

that the rainwater harvesting system is functional at site and same conforms

to the provisions of these Bye-Laws. However, if the said person is found

guilty of misrepresentation of the facts, penal proceedings shall be initiated

along with debarring the concerned professional from practicing in the UT of

Ladakh.

viii.

The construction of the building as laid down in sub-clause (1) shall be the

part of occupation certificate. Unless such construction is completed as per

the approval, occupation certificate shall not be issued.

ix.

The owner of every building shall ensure that the rainwater/snow-melt

harvesting structure, if any, is maintained in good repair for storage of water

of non-potable purposes and recharge of ground water at all times.

Groundwater extraction needs to be regulated; water meters need to be

installed for recording flow/quality of water extraction. District metered areas

and connection to SCADA system needs to be incorporated for all

connections.

xi. Snowmelt run-off drains, if any, need to be away from pathways in order to

prevent hazards due to freeze-thaw cycles.

xii. Chapter-9 of Model Building Byelaws, 2016 need to be referred for

incorporating further techniques and measures of Rainwater Harvesting.

xiii. Any further guidelines and rules released by Govt. of India/UT Acts, Laws,

and Byelaws would be applicable as notified from time to time.

9.3. Compulsory tree plantation to increase tree cover

To reduce cold desert effect in Ladakh, measures to increase the vegetal

cover shall be enforced. Each household shall plant a minimum of one

number of native plant on the proposed construction site.

ii. To enhance fertility in the sand-shedding slopes, the biodegradable waste

shall be deposited in layers under the sand cover to allow decomposition. The

layers of waste shall be watered by the recycled treated water which will

facilitate natural growth of vegetal cover in days to come.

iii. Such sand-shedding slopes where snow is received even in meager quantity,

shall be terraced, or provided with check dams to store the snow and allow

the water to percolate gradually, in the biodegradable waste layers.

iv. The kitchen waste, waste from food industry, fruit and vegetable markets,

horticulture waste shall be carried to the sandy surface and deposited below

the sand layers and sprinkled with the recycled treated water, or surface

water/ground water, as the case may be.

9.4. Provision of Rooftop Solar Photo Voltaic Power Plant

"Minimum 50% of the total energy demand should be met through rooftop

solar panels in all commercial buildings, and minimum 80% of the total

energy demand should be met through rooftop solar panels in all government

buildings."

ii. Installation of Solar Photovoltaic Power Plant as per Code 9.3 (i) above, shall

be part of the occupation certificate.

iii. The Competent Authority shall empanel consultants (experts in solar photo

voltaic power plant installations) for inspecting, verifying, and issuing

certification for installation of Rooftop Solar Photovoltaic Power Plant and

solar evacuated tube collectors for hot water.

9.5. Provision of Energy Conservation Building Code/ Eco-Niwas Sanhita

i. The provision for Energy Conservation Building Code/ Eco-Niwas Sanhita

shall be mandatory applicable on buildings/ areas in accordance with the

direction issued by Administration of UT Ladakh from time to time.

ii. The applicant/ owner along with building plan application shall submit a

certificate from a competent professional confirming that the building plans

confirms to the Energy Conservation directions.

iii. Occupation certificate of building to be issued by the competent authority

only after the applicant/ owner submits a certificate from a competent

professional (who has supervised the construction of building) that the

building has been constructed in accordance with the provision of the Energy

Conservation directions.

iv. The applicant/owner shall submit building plans along with the submission of

Design Stage and Occupancy Stage ECBC/ENS Compliance Forms and/or

Simulation Report duly signed and stamped by Bureau of Energy Efficiency

(BEE) Approved Empaneled Experts/Firms confirming or from Ladakh UT

Level empaneled competent professionals that the building plans and

construction confirms to the Energy Conservation directions as per

ECBC/ENS and Ladakh ECBC/ENS (once notified).

9.6. Recycling of Treated water

i. The sites or buildings in a complex or individual building, discharging water

30,000 liters and above, per day, shall have the treated wastewater recycle

system for horticultural, flushing, cooling tower purposes, etc. to increase the

vegetal cover and minimize the use of potable water.

ii. The dual pipe system shall be adopted in these buildings and indicated in

building plans submitted for approval.

iii. In order to mitigate water pollution, the bulk waste generators including

Hotels, restaurants/cafes, laundry, car wash facilities etc. should provide

Effluent Treatment Plants to treat wastewater generated from their respective

units

iv. Water conservation measures need to be adopted/regulated to maximize the

use of treated STP water for non-potable purpose/gardening, construction

activity, toilet flushing, etc. as per Code 9.6 (1) and 9.6 (2).

v. Any Govt. of India/UT Ladakh Acts, laws, byelaws, notifications, and statutory

provisions shall be binding and applicable as notified from time to time.

9.7. Removal of Construction and Demolition Waste

i. The Construction and Demolition Waste shall be managed in line with the

provisions of the Construction and Demolition Waste Management Policy,

Strategy and Action Plan.

ii. Accordingly, the owner shall be responsible for ensuring that Municipal

Committees shall be contacted for doorstep collection, or through collection

points as may be dedicated by the MCs for suitable collection mechanism.

The necessary fee mechanism shall be in line with the user charges set by

the Municipal Committees, and/or other authorities as designated by UT

Administration.

9.8. Sustainable Habitat

(1) Part-11 Approach to Sustainability of National Building Code need to be

referred for detailed approach to sustainability. This shall include but not be

limited to the built environment, ecological footprint, renewable resource, 3Rs

(reduce,

reuse,

recycle),

sustainable development,

thermal conditioning

(capacity,

conductance,

conductivity,

etc.),

technology

options,

disaster

preparedness, water management, site design and development, external

landscaping, fenestration designs, rainwater harvesting, water elements and

irrigation, access design, parking, lighting, envelope optimization and materials,

along with any other relevant sections.

(2) CPWD Guidelines for sustainable habitat need to be referred to incorporate

sustainable architecture and layout planning, sustainable index and guidance of

materials, selection of equipment for electrical and mechanical services for

sustainable buildings and reuse and recycling of construction & demolition

waste. These shall include energy efficiency design and process, site

development, building orientation and shading, design strategies for day

lighting, building envelope, design strategies in cold climate, reduction in overall

embodied energy of building materials, integrated water management, solid

waste management, sustainability index, building materials, functional life

period, capital cost, building loads (live and dead loads), power saving, lighting,

HVAC and solar power, along with any other relevant sections.

(3) The following supplementary building materials (derived or processed from

waste) may be suitably used while constructing building in combination with

conventional resources in addition to mud bricks:

(i)

Panels, hollow slabs, hollow blocks, or other factory materials which

consume less water.

(ii)

Fly Ash bricks, Portland Pozzolana cement, Fly-ash concrete, phosphor

gypsum-based walling & roofing panels, particle wood, Recycled use of

industrial/agricultural by-products.

(iii) Fly ash/ AAC (Autoclaved Aerated light weight Concrete) panels/ CLC

(Cellular Light weight Concrete) panels- Ensuring thermal comfort.

(iv) Use of timber from rapidly growing plants from environment point of view.

(v)

Compressed Soil Earth Block and Rammed Earth Walls and Vaults.

(vi) Use of Polyurethane Foams (PUF), Extruded Polystyrene (XPS), Expanded

Polystyrene (EPS), Rockwool, Glasswool as per the suitability to keep

building insulated

Further materials and techniques shall be referred as per Code 9.6(1) and Code

9.6(2) of these Bye-Laws.

(4) Solar passive techniques specific to Ladakh need to be incorporated. This is to

include inputs from competent authorities to provide sustainable building

techniques, solar passive heating and comfort retention techniques, thermal

insulation technologies to provide sustainable solutions to extremities of cold

desert climate. The techniques should be in accordance with Code 9.6 (1) and

Code 9.6 (2) of these Bye-Laws for a more inclusive design.

(5) The following passive heating provisions need to be provided in accordance

with Code 9.6(1) and Code 9.6(2):

a. 50 % of bricks within a Govt and commercial buildings at each floor

must be of locally manufactured Compressed cement stabilized mud

bricks or Rammed earth blocks or Sun-dried earth blocks or locally

available stone in all structurally designed RCC framed structure

including steel fabricated structures.

b. All hotels, resorts, guest houses, and government residential buildings

shall have mandatory double-glazed UPVC or wooden-framed double

glazing.

c. The installation of hydro pneumatic pump systems in commercial and

government residential buildings is recommended to supply water on

demand efficiently. Additionally, the use of heat pump systems is

suggested as an energy efficiency measure in all govt residential and

commercial buildings.

d. North-south orientation should be optimized for utilizing maximum

sunlight, wherever possible, along the main path of the sun, exposing

maximum facades to higher solar radiation.

e. Most openings (doors, windows, vents) should face east west to

enhance sun exposure. The window positions should allow optimal

use of daylight, but with a large surface to enhance solar radiation

inside. Horizontal glazing should be preferred.

Major hindrances should be avoided on South orientation of the

buildings for utilizing maximum sunlight.

g. Avoid overglazing- excessive areas of glass can be a large energy

liability product with low conductivity or U value (for example, double

glazing) and high solar heat gain coefficients (SHGC) to be used.

h. Window frames also conduct heat. Timber, uPVC, or thermally

separated metal window frames can be used in cooler climates to

prevent heat transfer.

Permanently shaded glass at the top of the window is a significant

source of heat loss. To avoid this, the distance between the top of

glazing and underside of eaves or other horizontal projection should

be 50% of overhang or 30% of window height, where possible.

Living areas and the kitchen are usually the most important locations

for passive heating because they are used during the day and in the

evening. Bedrooms generally require less heating, because it is easy

to get warm and stay warm in bed. Children’s bedrooms can be

classified as living areas if considerable hours are spent there. Utility

and service areas such as bathrooms, laundries and garages are

used for shorter periods, require smaller windows, and generally

require less heating. The orientation of these rooms may be done

accordingly.

k. Design doors to blow closed if left open in strong winds or consider

using spring closers on external doors. Principles of good insulation

for doors and windows as shown below:

•

Airlock doors

•

Sealing around doors, windows and roofs

•

Double glazed windows and doors

•

Relevant thermal mass and lag of materials

•

Trombe walls

Allow sufficient space between doors so that it is easy to close the

outer door before opening the inner door (or vice versa)

m. Insulation -

Ceilings and roof spaces account for 25–35% of winter heat loss. To

prevent heat loss, place most of the insulation next to the ceiling

because this is where the greatest temperature control is required.

n. Floors account for 10–20% of winter heat loss. In cool climates,

insulate the underside of suspended timber floors and suspended

concrete slabs. Insulate the edges of ground slabs. Insulation is not

required beneath earth-coupled concrete slabs; however, it may be

desirable when groundwater is present. Waffle pod construction helps

to insulate under slabs.

o. Walls account for 15–25% of winter heat loss. Insulation levels in walls

are often limited by cavity or frame width. In cold climates, alternative

Chapter-10: Guidelines for Universal Design

The norms, other than the ones mentioned in this chapter shall be in accordance with

Harmonised Guidelines and Standards for Universal Accessibility in India, 2021. These

shall include design elements, and standards to for an include universal design.

10.1. Provision/ facilities for Differently abled Persons and Women

a) In all public buildings/places of public gathering, the level of the roads,

access paths and parking areas shall be described in the plan, along with

specification of the materials.

b) It should be ensured that during winter the ramps, canopies and sheds are

kept dry and non-slippery.

c) Women friendly facilities should be ensured in all public spaces. Furthermore,

all of them must be installed with incinerators for sanitary pads, as well as

other safe-hygiene measures for the same.

d) The specified facilities in public buildings/sites for differently abled persons

shall be as follows:

(i)

Parking: For parking of vehicles of differently-abled people the following

provisions shall be made: -

(a) surface parking for two car spaces shall be provided, near the

entrance, for the differently abled persons, with maximum travel

distance of 30 meters from building entrance,

(b) the parking bay shall be of minimum 3.6 meters in width and marked

as reserved for wheelchair users.

(ii)

Every building shall have at least one entrance accessible to the differently-

abled and shall be approachable through a ramp in addition to the stepped

entry made of non-slippery material with a minimum width of 1.5 meters in a

maximum gradient of 1:12, length of ramp shall not exceed 9.0 meters having

0.8 meters high handrail on both sides of extending 0.3 meters beyond top

and bottom levels of the ramp. The minimum gap between the wall and the

handrail shall be 5 cm.

(iii)

Stepped approach- For stepped approach, size of tread shall not be less

than 0.3 meters and maximum riser shall be 0.15 meters with provision of

0.8 meters high handrail on both sides of the stepped approach similar to

the ramped approach shall be made.

(a) Exit/ entrance door- Minimum clear opening of the entrance door shall

be 0.9 meters and shall not be provided with a step that obstructs the

passage of a wheelchair user.

(b) Entrance landing- Entrance landing shall be provided adjacent to the

ramp, with the minimum dimension of 1.8 meters x 2.0 meters.

(iv) Corridor connecting the entrance/exit for the differently abled; the corridor

connecting the entrance/exit for differently abled leading directly outdoor to a

place where information concerning the overall use of the specified building

can be provided to visually impaired persons by a person:

(a) the minimum width of corridor shall not be less than 1.5 meters,

(b) in case there is a difference of level, slope-ways shall be provided with

a slope of 1:12 with specified above handrails.

(v)

Stair-ways- One of the stairways near the entrance/exit, for the use of

differently abled, shall have the following provisions:

(a) the minimum width shall be 1.35 meters,

(b) height of the riser shall not be more than 0.15 meters and width of the

tread 0.30-meter, maximum number of risers on a flight limited to

maximum 12,

(vi) Lifts- Wherever lift is required as per NBC, provision of at least one lift shall

be made for the wheelchair users, with the following cage dimensions,

recommended for passenger lift of 13 persons capacity by the Bureau of

Indian Standards:

(a) Clear internal depth 1.1. meters,

(b) Clear internal width 2.0 meters,

(c)

Entrance door width 0.9 meter,

(d) a handrail not less that then 0.6 meter long and 1.0 meter above floor

level shall be fixed adjacent to the control panel,

(e) the lift lobby shall measure 1.8 meters x 2.0 meters or more,

(f)

the time of an automatically closing door shall be minimum 5 seconds

and the closing speed shall not exceed 0.25 meter/ second,

(g) the interior of the cage shall be provided with a device that audibly

indicates the floor. When the cage reaches on floor, it shall indicate that

the door of the cage for entrance/ exit is either open or closed.

(vii)

Toilets: One special water closet shall be provided with essential provision

of wash basin inside toilet near the entrance having:

(a) minimum dimensions of 1.50 meters x 1.75 meters,

(b) minimum clear opening of the door of 0.90 meter and shall

swing out,

arrangement

of vertical/horizontal

handrails

with 50mm clearance from the wall.

(viii) Drinking Water: Suitable provision of drinking water shall be made for the

differently abled persons near the special toilet provided for them.

(ix)

Designing for Children: In the building meant for the predominant use of

children, the height of the handrail and other fittings and fixtures, shall suit

the requirements of children.

Chapter-11: Structural Materials

11.1.

Materials

The requirement of building materials to be used in construction shall

conform to the Building Materials specified in Part V of the National

Building Code of India, as updated from time to time.

11.2.

Foundations

(1) The loads and forces shall be calculated in accordance with Structural

Design Section on Loads of specified Part VI of the National Building

Code of India, 2016, as updated from time to time.

(2) The structural design of foundations and elements of substructures and

superstructures of wood, masonry, reinforced, or pre-stressed concrete

shall be in accordance with Part VI- Structural Design, Section 1- Loads,

Section 2- Foundations, Section 3- Wood, Section 4- Masonry, Section

5- Concrete, Section 6- Steel and Section 7- Prefabrication and Systems

Building, of the National Building Code of India, as amended from time

to time.

(3) Occupancy type and occupancy loads per 100 sqm of plinth or covered

area need to be specified as per National Building Code of India, 2016

(as amended from time to time) and Chapter 4: Model Building Bye

Laws.

11.3.

Building Services

The planning, design, and installation of heating systems or air-conditioning as

the case may be in a building shall be in accordance with Building Services,

Section 2- Electrical Installations and Section 3- Air-Conditioning and Heating

specified in Part VIII of the National Building Code of India, as updated from

time to time.

11.4.

Plumbing Services

The planning design and installation of water supply systems, drainage,

sanitary installations, and gas supply installations in a building shall be in

accordance with Plumbing Services, Section 1- Water Supply, Section 2-

Drainage and Sanitation and Section 3- Gas supply specified in the Part IX

of the National Building Code of India, as updated from time to time.

11.5.

Construction Practices and Safety

(1) The

various

activities

including

demolition,

excavation,

blasting,

construction from foundation level up to completion shall be in

accordance with Construction Practices and Safety specified in the Part

VII of the National Building Code of India, as updated from time to

time.

(2) The Safety Measures to be adopted during various construction

operations, including storage of materials on the construction site and

municipal/public land shall be in accordance with Construction Practices

and Safety specified in the Part VII of the National Building Code of

India, as updated from time to time.

11.6. Damp Proof Course

Wall of a building including a pier forming a part of the wall or a

compound wall shall be provided with a damp-proof course, except when

built in cement concrete rated of 1:2:4.

Chapter-12 Public Health Installations

12.1. Two pipe system in drainage

(1)

The drainage system in a building shall be of two pipe system, one for soil

and another for waste. The soil pipe(s) to be connected to the drain directly

and the waste pipes first in a gully trapped and then to the drain. All traps

to be ventilated vertically.

(2)

In Group housing, commercial complexes, commercial (other than plotted),

institutional, industrial, other building specified by the competent authority in

accordance with Code 8.4, the water from waste pipes shall be treated within

the premises and used for flushing, horticulture, cooling tower etc. purposes.

Further, no soil/ waste pipe shall be allowed in common wall/party wall.

12.2. Minimum sanitary facilities required for various type of buildings

(1)

Dwellings with individual convenience shall have at least the following fitments:

(i) one bathroom provided with a tap:

(ii) one water closet; and

(iii) where only one water closet is provided in a dwelling, the bath and water

closet shall be separately provided.

(iv) Kitchen with wash basin.

(v) All wastewater outlets shall be provided with suitable traps for preventing

back flow of water or foul smell or both.

(2)

Dwellings (tenements) without individual conveniences shall have the

following fitments:

(i)

one water taps with draining arrangements in each tenement;

(ii) one water closet and one bath for every two tenements; and

(iii) water tap in common bathroom and common water closet.

(3)

The requirements for fitments for drainage and sanitation, in case of

buildings other than residential such as office buildings, factories, cinemas,

concert halls, theatres, hospitals, hotels, restaurants, schools and hostels

shall be in accordance with NBC applicable to “Basic Requirements for

Water Supply, Drainage and Sanitation” with such updating as may be made

from time to time.

12.3. Method of disposal

(1)

Every water borne drainage installation shall be connected with the public

sewer, but in case no public sewer exists in the vicinity of the said

premises, the drainage system may as a temporary measure and subject to

the previously written approval of the Competent Authority be connected to a

septic tank from which the effluent shall be drained off:

(i)

into absorption pits, or,

(ii) by sub-soil drain

•

Provided that no absorption pit shall be allowed in the case of

any premises or area in which domestic supply is taken from

sub soil water.

•

Provided further that if in future a public sewer is constructed in

the nearby area, the owner shall at his own expense connect

to the sewer.

(2)

Effective arrangements shall be made to treat the effluents up to the

parameters/ guidelines issued from time to time by Central Pollution Control

Board (CPCB) or Administration of UT Ladakh to ensure that the untreated

effluents do not enter into any river, canal or water body or a ground water

zone.

12.4. Septic tank

(1)

No septic tank shall be located :

(i)

at a distance of less than 2.5 meters from a dwelling unit or any other

building used for human habitation or for work or recreation.

(ii)

in a public through fare

(iii)

within 16 (sixteen) meters from any percolation well, watercourse or

stream used or likely to be used for drinking or domestic purposes or for

manufacture or preparation of any article of food or drink for human

consumption and it shall be readily accessible so as to permit cleaning

operation being carried out without interference with the operation of any

water borne sanitary installation as a whole.

(2)

Every septic tank intended to serve a population of 24 (twenty-four) or more

persons shall have two separate compartments so that one compartment for

alternate use for cleaning the filtered one. The capacity of every compartment

of the septic tank shall be 2½ (two and half) times the total water supply

allowances for the total number of residents of the buildings in the premises.

(3)

Every inlet pipe into a septic tank shall be effectively trapped.

(4)

The design of septic tank shall be in accordance with the National Building

Code and guidelines issued by Administration of UT Ladakh.

12.5. Absorption pit

(1)

The location of every absorption pit shall conform to same

restrictions as specified for a septic tank in Code 12.4.

(2)

No absorption pit shall have any outlet into a storm water drain or

surface drain.

(3)

The walls of every absorption pit shall be at least 0.5 meters above

the ground level to ensure that storm water does not enter into the

absorption pit.

(4)

The absorption pits shall be constructed in duplicate as laid in code

12.4 (2). The capacity of the absorption pit shall be as approved by

the Competent Authority.

(5)

All details shall conform to the National Building Code of India as

updated from time to time.

12.6.

Sub-soil irrigation for disposal of effluent

No Sub-soil irrigation work for disposal of effluent from a septic tank shall

allowed.

12.7.

Zero wastewater discharge

(1)

The group housings, industries, commercial, institutions and any other

building specified by the competent authority shall ensure zero

wastewater discharge into main sewer line and shall install suitable

treatment plant for treatment of wastewater. The applicant shall

submit completion certificate of installation of treatment plant from

independent expert agency along with the application of Occupation

Certificate.

(2)

For water conservation in the building, provision shall be made

whereby the wastewater generated from the sources such as

dishwashing or washing machines, is used for sub- surface irrigation,

or if treated, for non-potable purposes as mentioned in these Bye-

Laws.

Note: The above restriction shall not apply in case of plots up to 2000 square meters.

12.8.

Sewerage Connection

All buildings need to be connected to public sewer and shall need prior

permissions by Competent Authority. No connection to any public sewer shall

be made nor any water borne sanitary and drainage installations intended to

be connected until a certificate after completion by the Competent Authority

has been issued.

12.9.

Application for connection with public sewer

(1)

After the grant of a certificate referred to in the building Bye laws or in the

event of the said certificate having been deemed to have been granted,

every person intending to connect a drain to a public sewer shall apply to

the Competent Authority at least seven days before the date on which such

connection is required.

(2)

The application shall be accompanied by a certificate referred to the Code

12.8 and such amount as may be laid down from time to time by the

Competent Authority and calculated on the basis of the current schedule of

rates to meet the cost of the proposed connection.

(3)

On receipt of the application and subject to the requirement of the foregoing

clauses, the Competent Authority shall approve or reject the request.

12.10.

Sewage Discharge

(1)

Every drain discharging into a public sewer shall join the sewer obliquely in

the direction the sewer is flowing.

(2)

If practicable, the connection shall be made at an existing junction in the

sewer and if not possible, then there shall be an intercepting manhole

before the connection.

12.11.

Drainage of roof

The roof of every building shall drain rainwater into gutters, chutes or

trough and shall be carried down through adequate number of down pipes

without causing dampness in any part of the wall or foundation of the

building or any adjacent building.

12.12.

Effect on the transferred areas

Where the planned areas are transferred to the Competent Authority then

the norms/ byelaws/ zoning bye-laws applicable to them at the time of

transfer of these areas shall remain same, as defined, and enforced by the

concerned Authority.

12.13.

Sustainable waste management

Wherever applicable, Chapter 4, Chapter 10.2.5, as well as any other

relevant sections from Model Building Bye Laws, 2016 shall be applicable

for sustainable waste management.

12.14. Provisions of Dry Toilets

The dry toilets should be in the traditional two-storied design to convert

waste into compost, and the facility should be well ventilated and have

smell free technology. The cleaning needs to be free of Manual Cleaning,

carrying and disposal. Ventilation requirements shall be subjected to

Chapter 4.30 and all other relevant sections from Model Building Bye-Laws,

2016. Approval by approval authority needs to be taken before construction.

12.15. Provisions of Sewage Treatment Plant (STP) Requirement for Guest

Houses and Hotels:

(1) For all established guest houses and hotels, as well as those applying for building

permissions with more than 10 rooms, the installation of in-house Sewage

Treatment Plants (STPs) is mandatory to ensure effective wastewater management.

(2) For guest houses and hotels with 1 to 9 rooms, STP installation is

Chapter 13 – Environmental Clearance

Note: The Directions/Guidelines issued by the Ministry of Environment, Forest, and

Climate Change from time to time shall be part of this chapter of the Bye-

Laws. Also, relevant sections from Chapter 14, as well as any other relevant

sections from Model Building Bye Laws, 2016 shall be applicable in the same.

The EIA requirements are already mandated by the Environment Protection

Act, 1986. EIA shall be required for all buildings.

13.1.

Environmental clearances for building and construction

(1) The competent authority shall approve and certify the compliance of

environmental clearances requirements for following categories of buildings:

Sr. No.

Building Category

Built up area (in square meters)

Category 1

5000- 20000

Category 2

Above 20000-50000

Category 3

Above 50000-150000

(2) The Competent Authority shall ensure the conditions fulfilled before approving

and certifying the compliance of environmental clearances stated below:

Environmental conditions for Category 1 buildings:

Sr.

No.

Medium

Environmental conditions

Schedule for

submitting

self- certification

Natural

Drainage

The inlet and outlet point of natural

drain system should be maintained with

adequate size of channel for ensuring

non- obstructed flow of water

Along with Occupation

Certificate application

Water

Conservation-

Rain Water

Harvesting/

Ground Water

Recharge

rainwater/snow-melt

runoff

harvesting plan needs to be designed

where the recharge bores (minimum

one per 5000 sqm of built-up area)

shall be provided. The rainwater /

snow-melt 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 premise

through a pipeline after filtration in the

installed filters.

Along with Occupation

Certificate application

ii. The unpaved area shall be more

than

equal

20%

the

recreational open spaces

Along with Occupation

Certificate application

Solid Waste

Management

Separate wet and dry bins must be

provided at the ground level, as well as

segregation areas on each floor for

facilitating segregation of waste.

Along with Occupation

Certificate application

Energy

In common areas, LED/ solar lights

must

be provided.

Along with Occupation

Certificate application

Air Quality

and Noise

i. Dust, smoke and debris prevention

measures such as screens, barricading

shall be installed at the site during

construction. Plastic/ tarpaulin sheet

covers

must

used

for

trucks

bringing in

Along with notice

commencement

of construction

sand and material at the site.

ii. The exhaust pipe of the DG set, if

installed, must be minimum 10 meters

away from the building. In case it is

less than 10 meters away, the exhaust

pipe shall be taken up to 3 meters

above the building.

Along with Occupation

Certificate application

Green cover

i. A minimum of 1 tree for every 40

square meters of land shall be planted

and maintained. The existing trees will

be counted for this purpose.

Preference

should be given to planting native

species.

Along with notice of

commencement

of construction

ii. Where the trees need to be cut,

compensatory plantation in the ratio of

1:3 (i.e., planting of 3 trees for 1 tree

cut) shall be done with the obligation

to provide continued maintenance for

such

plantations.

Along with notice

commencement

of construction.

Environmental conditions for Category 2 buildings:

Sr. No.

Medium

Environmental conditions

Schedule

for

submitting

self-certification

Natural

Drainage

The inlet and outlet point of natural

drain system should be maintained

with adequate size of channel for

Along with Occupation

Certificate application

ensuring obstructed flow of water.

Water

Conservation-

Rain

Water

Harvesting

and

Ground Water

Recharge

rainwater/snow-melt

runoff

harvesting

plan

needs

designed

where

the

recharge

bores (minimum one per 5000

sqm of built-up area) shall be

provided. The rainwater/snow-

melt 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/snow-melt harvested be

linked to the tube well bore in the

premise through a pipeline after

filtration in the installed filters.

Along with Occupation

Certificate application

Solid Waste

Management

i. The unpaved area shall be more

than or equal to 20% of the

recreational open spaces.

Along with Occupation

Certificate application

ii. Separate wet and dry bins must

be provided at the ground level for

facilitating segregation of waste.

Along with Occupation

Certificate application

Energy

i. In common areas, LED/ solar

lights must be provided.

Along with Occupation

Certificate application

ii. At least 1% of connected

applied

load

generated

from

renewable energy source such as

photovoltaic cells.

Along with Occupation

Certificate application

iii. As per the provisions of the

Ministry of New and Renewable

Along with Occupation

energy

solar

water

heater

minimum

capacity

liters/4

persons (2.5 liters per capita) be

installed.

Certificate application

iv. Sun dried/ rammed earth/ earth

blocks/

solar

passive

building

materials

should

used

building material

Along with notice of

commencement of

construction

Air Quality

and Noise

Dust,

smoke,

and

debris

prevention

measures

such

screens,

barricading

shall

installed

the

site

during

construction.

Plastic/

tarpaulin

sheet covers must be used for

trucks

bringing

sand

and

material at the site.

Along with notice of

commencement of

construction

ii. The exhaust pipe of the DG

set, if installed, must be minimum

10 meters away from the building.

In case it is less than 10 meters

away, the exhaust pipe shall be

taken up to 3 meters above the

building.

Along with Occupation

Certificate application

Green cover

i. A minimum of 1 tree for every

40 square meters of land shall be

planted

and

maintained.

The

existing trees will be counted for

this purpose. Preference should be

given to planting native species.

Along with notice of

commencement of

construction

ii. Where the trees need to be cut,

compensatory plantation in the

ratio of 1:3 (i.e., planting of 3

trees for 1 tree cut) shall be done

Along with notice of

commencement of

construction

with the obligation to provide

continued maintenance for such

plantations.

Environmental conditions for Category 3 buildings:

Sr.

No.

Medium

Environmental conditions

Schedule for

submitting

self-certification

Natural

Drainage

The inlet and outlet point of natural

drain system

should

maintained with

adequate size of channel for ensuring

obstructed flow of water.

Along with Occupation

Certificate application

Water

Conservation

- Rain Water

Harvesting/

Ground

Water

Recharge

rainwater/snow-melt

runoff

harvesting plan needs to be designed

where the recharge bores (minimum

one per 5000 sqm of built- up area)

shall

provided.

The

rainwater/snow-melt 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/snow-melt runoff harvested

be linked to the tube well bore in the

premise through a pipeline after

filtration in the installed filters.

Along with Occupation

Certificate application

ii. The unpaved area shall be more

than

equal

20%

the

recreational open spaces.

Along with Occupation

Certificate application

iii. The ground water shall not be

withdrawn without approval from the

competent authority.

Along with notice of

commencement of

construction

iv.

Use

potable

water

construction should be minimized.

v. Low flow fixtures and sensors must

used

promote

water

conservation.

vi. Separation of grey and black

water should be adopted by the use

of dual plumbing system.

Solid Waste

Management

i. Separate wet and dry bins must be

provided at the ground level for

facilitating segregation of waste.

Along with Occupation

Certificate application

ii. All non-biodegradable waste shall

handed

over

authorized

recyclers for which a written tie-up

must be done with the authorized

recyclers.

Along with Occupation

Certificate application

iii.

Organic

waste

composter/

vermiculture

pit

with a

minimum

capacity of 0.3 Kg/tenement/ day

must be installed wherein the STP

sludge may be used 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.

Along with Occupation

Certificate application

Energy

i. In common areas, LED/ solar lights

must be provided.

Along with Occupation

Certificate application

ii. At least 1% of connected applied

load

generated

from

renewable

energy source such as photovoltaic

cells.

Along with Occupation

Certificate application

iii. As per the provisions of the

Ministry of New and Renewable

energy solar water heater of minimum

capacity 10 liters/4 persons (2.5 liters

per capita) be installed.

Along with Occupation

Certificate application

iv. Fly ash bricks should be used as

building material in the construction.

Along with notice of

commencement of

construction

v. Adoption of passive solar design of

buildings using architectural design

approaches

that

minimize

energy

consumption

buildings

integrating

conventional

energy-

efficient devices, such as mechanical

and electric pumps, fans, lighting

fixtures and other equipment with

proper

orientation

buildings,

landscaping,

efficient

building

envelope,

appropriate

fenestration

increased day lighting and thermal

mass.

Along with Occupation

Certificate application

vi. Optimizing use of energy systems

in buildings that should maintain a

specific indoor environment conducive

to the functional requirements of the

building

following

mandatory

compliance

measures

(for

all

applicable buildings) as recommended

in the Energy Conservation Building

Along with Occupation

Certificate application,

and certifications as

mentioned in Ladakh

ECBC 2021 (once

notified)

Code (ECBC) 2007 of the Bureau of

Energy

Efficiency,

Government

India.

Air Quality

and Noise

i. Dust, smoke and debris prevention

measures

such

screens,

barricading shall be installed at the

site

during

construction.

Plastic/

tarpaulin sheet covers must be used

for trucks bringing in sand and

material at the site.

Along with notice of

commencement of

construction.

ii. The exhaust pipe of the DG set, if

installed, must be minimum 10 meters

away from the building. In case it is

less than 10 meters away, the

exhaust pipe shall be taken up to 3

meters above the building.

Along with Occupation

Certificate application.

Green cover

i. A minimum of 1 tree for every 40

square meters of land shall be

planted and maintained. The existing

trees will be counted for this

purpose. Preference should be

given to planting native species.

Along with notice of

commencement of

construction.

ii. Where the trees need to be cut,

compensatory plantation in the ratio

of 1:3 (i.e., planting of 3 trees for

one (1) tree cut) shall be done with

the obligation to provide continued

maintenance for such plantations.

Along with notice of

commencement of

construction

Sewage

Treatment

Plant

Sewage treatment plant with capacity

of treating 100% wastewater shall be

installed. Treated water must be

recycled for gardening, flushing etc.

Along with Occupation

Certificate application

Environment

Management

Plan

The infrastructure such as Sewage

Treatment

Plant,

Landscaping,

Rainwater Harvesting/ ground water

recharging,

Power

backup,

Infrastructure, Environment Monitoring,

Solid Waste Management and Solar

and Energy conservation, should be

kept operational through Environment

Monitoring Committee with defined

functions and responsibilities.

Along with Occupation

Certificate application

(3) All the provisions mentioned under Municipal Solid Waste (Management

and Handling) Rule, 2016 and their subsequent amendments; Plastic

Waste Management Rules, 2016 and their subsequent amendments and

adoptions by the UT and any other competent authority and their

notifications would be applicable.

(4) The applicant shall self-certify the above stated environmental conditions

with the certification of supervision/ completion from the competent

professional or Bureau of Energy Efficiency Certified Energy Auditors, as

the case may be, responsible for supervising the construction of building

and/ or installing the solar photovoltaic power unit. Sewage Treatment

Plant, Solid waste management system, ECBC Code, Ladakh ECBC 2021

(once notified) & others.

(5) The applicant shall submit the self-certification on environmental

conditions to the Competent Authority as per schedule given in Code

13.1(2).

(6) The Competent Authority shall verify the certification and issue consent/

comments within 10 (Ten) working days of receiving the certification. The

Environmental Clearance certificate shall be deemed accepted, if it is in

conformity with conditions stated herein before, but no consent/

comments have been passed by Competent Authority within specified

time.

(7) If the owner or the competent professional as mentioned in Code

13.1(3) or as the case may be, submits a wrong or false self-certification

or if any additional construction or violation is reported to exist at site or

has concealed any fact or misrepresented regarding environmental

conditions stated in Code 13.1(2), they shall be jointly and severally

responsible for such omission/commission and complaint against the

competent professional for suspension of registration, and/or any

penalties as deemed fit by the UT Administration against the competent

professional and the owner shall be liable to pay for the penalty as may

be decided by the Competent Authority after giving an opportunity of

being heard. Further, if it emerges that the information was concealed by

Competent Professional/Owner, necessary penal proceedings, as decided

by the administration will be initiated along with barring the competent

professional from practicing in the UT of Ladakh.

(8) In case environmental clearance is issued by Competent Authority, no

separate prior environmental clearance shall be required.

(9) In case the building is certified from GRIHA/LEED/IGBC, there is no

requirement for issue environmental clearance.

(10) Any Govt. of India/UT Acts, Laws, Byelaws would be applicable as

notified from time to time

(11) EV Charging rationale, options and infrastructure shall be guided by

Amendments in Model Building Bye Laws, 2016 for Electric Vehicle

Infrastructure

(12) Indoor Air Quality rationale, options and infrastructure shall be guided by

Amendments in Model Building Bye Laws, 2016 for Electric Vehicle

Infrastructure, as and when applicable

(13) In-building

solutions

for

Infrastructure

rationale,

options

and

infrastructure shall be guided by Amendments in Model Building Bye

Laws, 2016 for Electric Vehicle Infrastructure, as and when applicable

(14) Environmental Impact Assessment and Environmental Clearance shall be

in-line with Environmental (Protection) Act 1986, and its subsequent

amendments, specifically 2006 amendment, which define the requirement

of mandates and screening for Category A, B1 and B2 projects.

Chapter-14: Heritage and Protected Monuments

Conservation of heritage sites shall include buildings, artifacts, structures, areas, and

precincts of historic, aesthetic, architectural, cultural or environmentally significant nature

(heritage buildings and heritage precincts), natural feature areas of environmental

significance or sites of scenic beauty.

14.1. Applicability of these Bye-Laws

These regulations shall apply to heritage sites which shall include those buildings, artifacts,

structures, streets, areas and precincts of historic, architectural, aesthetic, cultural or

environmental value (hereinafter referred to as Listed Heritage Buildings/ Listed Heritage

Precincts) and those natural feature areas of environmental significance or of scenic beauty

including, but not restricted to, sacred groves, hills, hillocks, water bodies (and the areas

adjoining the same), open areas, wooded areas, points, walks, rides, bridle paths

(hereinafter referred to as ‘listed natural feature areas’) which shall be listed in

notification(s) to be issued by the UT administration, or as identified in Master Plan.

The provisions in this chapter are beyond the regulations applicable on the Prohibited and

Regulated areas as defined by Ancient Monuments and Archaeological Sites and Remains

(AMASR) Act 2010, where site specific Heritage Bye-Laws prepared and notified by the

Competent Authority (National Monuments Authority) under the AMASR Act shall be

applicable. NOC shall have to be obtained by submission of required documents as may

be necessary, including “Heritage Impact Assessment” report, if so, necessitated by the

NMA.

14.2. Responsibility of the owners of Heritage Buildings

Post notification, it shall be the duty of the owners of heritage buildings and buildings in

heritage precincts or in heritage streets to carry out regular repairs and maintenance of the

buildings. The UT administration, the Municipal Committee or the Local Bodies and

Authorities concerned shall not be responsible for such repair and maintenance except for

the buildings owned by the Government, the Municipal Committee, or the other local

bodies.

14.3. Restrictions on Development/Redevelopment/repairs, etc.

No development or redevelopment or engineering operation or additions / alterations,

repairs, renovations including painting of the building, replacement of special features or

plastering or demolition of any part thereof of the said listed buildings or listed precincts or

listed natural feature areas shall be allowed except with the prior permission of the

Competent Authority (which may include Executive Officer, Municipal Committee, or

equivalent official of Municipal Committee/ Vice Chairman, Development Authority, or any

other officer as deemed necessary by the UT Administration). Before granting such

permission, the agency concerned shall consult the Heritage Conservation Committee to be

appointed by the UT Administration and shall act in according with the advice of the

Heritage Conservation Committee.

Provided that, before granting any permission for demolition or major

alterations / additions to listed buildings (or buildings within listed streets or

precincts), or construction at any listed natural features, or alteration of

boundaries of any listed natural feature areas, objections and suggestions from

the public shall be invited and shall be considered by the Heritage

Conservation Committee.

ii.

Provided that, only in exceptional cases, for reasons to be recorded in writing,

the Competent Authority may refer the matter back to the Heritage

Conservation Committee for reconsideration.

However, the decision of the Heritage Conservation Committee after such reconsideration

shall be final and binding.

14.4. Penalties

Violation of the regulations shall be punishable under the provisions regarding unauthorized

development. In case of proved deliberate neglect of and/or damage to Heritage Buildings

and Heritage Precincts, or if the building is allowed to be damaged or destroyed due to

neglect or any other reason, in addition to penal action provided under the concerned Act,

no permission to construct any new building shall be granted on the site if a Heritage

Building or Building in a Heritage Precinct is damaged or pulled down without appropriate

permission from the Competent Authority .

It shall be open to the Heritage Conservation Committee to consider a request for

rebuilding/reconstruction/retrofitting of a Heritage Building that was unauthorizedly

demolished or damaged, provided that the total built-up area in all floors put together in

such new construction is not in excess of the total built-up area in all floors put together

in the original Heritage Building in the same form and style in addition to other controls

that may be specified.

14.5. Preparation of list of heritage sites including heritage buildings, heritage precincts

and listed natural features

The list of heritage sites including Heritage Buildings, Heritage Precincts and listed Natural

Features Areas is to be prepared and supplemented by the Competent Authority. Before

being finalized, objections and suggestions of the public are to be invited and considered.

The said list to which the regulation applies shall not form part of this regulation for the

purpose of Building Bye-Laws.

The list may be supplemented from time to time by Government on receipt of proposal

from the agency concerned or by Government suo-moto provided that before the list is

supplemented, objections and suggestions from the public be invited and duly considered

by the Competent Authority / and/or UT Administration and/or the Heritage Conservation

Committee.

When a building, or group(s) of buildings or natural feature areas are listed it would

automatically mean (unless otherwise indicated) that the entire property including its entire

compound / plot boundary along with all the subsidiary structures and artifacts, etc. within

the compound/plot boundary, etc. shall form part of list. The buildings, however, on this list

(original and supplemented, as notified by the Competent Authority /and/or UT

Administration and / or the Heritage Conservation Committee) shall follow these Building

Bye-Laws post its notification.

14.6. Alteration/modification/relaxation in development norms

On the advice of the said Heritage Conservation Committee to be appointed by the

Administration and for reasons to be recorded in writing, the Competent Authority shall

follow the procedure as per Development Authority Act, to alter, modify or relax the

Development Control Norms prescribed in the Master Plan, if required, or Heritage

Conservation and Preservation Act, as may be notified from time to time, for the

conservation or preservation or retention of historic or aesthetic or cultural or architectural

or environmental quality of any heritage site.

14.7. Heritage precincts / Natural feature areas

In cases of streets, precincts, areas and (where deemed necessary by the Heritage

Conservation Committee) natural feature areas notified, development permissions shall be

granted in accordance with the special separate regulation prescribed for respective streets,

precincts / natural feature areas which shall be framed by the Competent Authority on the

advice of the Heritage Conservation Committee. Before finalizing the special separate

regulations for precincts, streets, natural features, areas, the draft of the same shall be

published in the official gazette and in leading newspapers for the purpose of inviting

objections and suggestions from the public. All objections and suggestions received within

a period of 30 days from the date of publication in the official gazette shall be considered

by the Competent Authority. After consideration of the above suggestions and objections,

the agency concerned, acting on the advice of the Heritage Conservation Committee shall

modify (if necessary) the aforesaid draft separate regulations for streets, precincts, areas,

and natural features and forward the same to Government for notification.

14.8. Road Widening

Widening of the existing roads under the Master Plan of the City or Town / Zonal

Development Plan or in the Layout Plan shall be carried out considering the existing

heritage buildings (even if they are not included in a Heritage Precinct) or which may

affect listed natural features areas.

14.9. Incentive uses for heritage buildings

In cases of buildings located in non-commercial use zones included in the Heritage

Conservation List, if the owner / owners agree to maintain the listed heritage building as it

is in the existing state and to preserve its heritage state with due repairs and the owner /

owners / lessees give a written undertaking to that effect, the owner / owners / lessees

may be allowed with the approval of the Heritage Conservation Committee within

permissible use zone to convert part or whole thereof of the non-commercial area within

such a heritage building to commercial/office use/hotel. Provided that if the heritage

building is not maintained suitably or if the heritage value of the building is spoiled in any

manner, the commercial / office / hotel use shall be disallowed.

14.10. Maintaining Skyline and Architecture Harmony

After the guidelines are framed, buildings within heritage precincts or in the vicinity of

heritage sites shall maintain the skyline in the precinct and follow the architectural style

(without any high-rise or multistoried development) as may be existing in the surrounding

area, so as not to diminish or destroy the value and beauty of or the view from the said

heritage sites. The development within the precinct or in the vicinity of heritage sites shall

be in accordance with the guidelines framed by the Executive Officer, Municipal

Committee, or equivalent official of Municipal Committee/ Vice Chairman, Development

Authority on the advice of the Heritage Conservation Committee or separate regulations /

guidelines, if any, prescribed for respective zones by Municipal Committee / Development

Authority. There needs to be a touch of local architecture in all buildings, e.g., Shingstak.

14.11. Restrictive Covenants

Restrictions existing as imposed under covenants, terms and conditions on the leasehold

plots by the Competent Authority shall continue to be imposed in addition to Development

Control Regulations. However, in case of any conflict with the heritage preservation

interest/environmental conservation, this Heritage Regulation shall prevail.

14.12. Grading of the listed buildings / listed precincts

Listed Heritage Buildings / Listed Heritage Precincts shall be graded as per decisions

taken by the Heritage Conservation Committee, or, in absence of it, shall follow Chapter-

12 Conservation of Heritage Sites, Table-12.1 Grading of Listed Heritage. Listing does

not prevent change of ownership or usage. However, change of use of such Listed

Heritage Building / Listed Precincts is not permitted without the prior approval of the

Heritage Conservation Committee. Use should be in harmony with the said listed heritage

site.

14.13. Opinion of the Heritage Conservation Committee

Nothing mentioned above should be deemed to confer a right on the owner / occupier of

the plot to demolish or reconstruct or make alterations to his heritage building / buildings

in a heritage precinct or on a natural heritage site if in the opinion of the Heritage

Conservation Committee, such demolition / reconstruction /alteration is undesirable.

14.14. Approval to preserve the beauty of the area

The Heritage Conservation Committee shall have the power to direct, especially in areas

designated by them, that the exterior design and height of buildings should have their

approval to preserve the beauty of the area.

14.15. Signs and Outdoor display structures/ including street furniture on heritage sites

The Competent Authority on the advice of the Heritage Conservation Committee shall

frame regulations or guidelines to regulate signs, outdoor display structures and street

furniture on heritage sites.

14.16. Implications of listing as heritage buildings

The Regulations do not amount to any blanket prevention of demolition or of changes to

Heritage Buildings. The only requirement is to obtain clearance from the Competent

Authority and Heritage Conservation Committee from heritage point of view.

14.17. Ownership not affected

Sale and purchase of Heritage Buildings does not require any permission from the

Competent Authority or Heritage Conservation Committee. The Regulations do not affect

the ownership or usage. However, such usage should be in harmony with the said listed

precincts / buildings. Care will be taken to ensure that the development permission relating

to these buildings is given within 60 days.

Chapter-15 Roll out of Street Infrastructure and

Small Cells for 5G Networks

With the advent of 5G, there will be a requirement to deploy Low Power Base Transceiver

Stations (LPBTS) with 5G radios often called “small cells'' due to network elements working

on higher frequency spectrum bands that necessitate denser network deployments to

support larger traffic volumes per unit area. A small cell is a cellular base station that

transmits & receives 3GPP-defined Radio Frequency (RF) signals with small power and

small form factor. In most cases, it services a small coverage area ranging from ten

meters to several hundred meters in contrast to a typical mobile macro cell that might

have a range of up to several tens of kilometers.

Various types of street furniture such as poles (streetlights, electricity, traffic lights),

advertisement hoardings, bus shelters and towers have been identified by TRAI as suitable

national assets for deploying small cells.

15.1. Background

Previous generations of cellular infrastructure can no longer keep pace with the growing

demand for communication (data transmission) bandwidth and throughput. The macro

towers that have been serving Fourth-Generation Long-Term Evolution (4G LTE) networks

cannot connect to the rapidly growing number of devices that users are simultaneously

utilizing. The next generation of cellular technology, 5G, represents a paradigm shift for

cellular infrastructure.

As the roll-out of 5G continues, more and more radios need to be deployed and networks

will need to be densified. The Macro radios provide excellent coverage and high capacity.

However, in some cases, for example dense-urban locations dominated by tall buildings,

providing the necessary coverage can be challenging. Similarly, where there are high

numbers of mobile-users, such as busy city-centers and transportation hubs, providing

enough capacity needs from a single radio can also be challenging. In these cases,

outdoor small cells are ideal solutions for improved coverage. These solutions include

micro remote radio heads and high-capacity 5G millimeter wave radios. Around 80% of

mobile broadband traffic originates from mobile users located indoors. However, ensuring

good indoor coverage can also be a challenge, especially as the higher frequencies used

by 5G are more prone to signal propagation limitations than previous generations of mobile

technology. To help overcome this, it is essential to consider indoor small cells as a

deployment option.

Mobile operators will look to small cell deployment technology to add data capacity in

areas of traffic congestion. This dense small cell network increases both the radios per

subscriber and provides subscribers improved signal quality for more efficient data transfer.

The shorter distance between radio sites also helps overcome the short signal reach of

higher frequency 5G radio spectrum. As a result, small cells are becoming the leading

solution in growing the data capacity of the network.

Small cells are therefore required in the 5G network due to the following reasons:

•

Offloading: The Macro site of the area is getting congested and is unable to serve

the entire community of the area.

•

Capacity Enhancement: The macro site serving the building/ area is unable to meet

the capacity requirements of some parts of the building/ spot.

•

Low Coverage of Signal: Higher spectrum band.

•

Indoor Coverage: In building solutions are essential for indoor coverage including

basements, underground metro tunnels etc.

Various small cell product types exist generally depending on, among other attributes, their

targeted coverage range (transmit power) and provided capacity. These small cell variants

include (but are not limited to) femtocells, picocells and microcells/metrocells – broadly

increasing in cell range from femtocells (the smallest) to metrocells (the largest) as

summarized below:

•

Femtocells: A low-power, short range, self-contained small cells. Initially used to

describe consumer small cell units intended for residential homes, the term has

expanded to encompass higher capacity units for enterprise, and metropolitan

areas.

•

Picocells: Typically used to describe low power compact base stations, used in

enterprise or public indoor areas, the term is sometimes used to encompass

outdoor small cells as well.

•

Microcells: Typically used to describe an outdoor short-range base station aimed at

enhancing coverage for both indoor and outdoor users where macro coverage is

insufficient. Occasionally installed indoors to provide coverage and capacity in areas

above the scope of a picocells.

•

Metrocells: A recent term used to describe small cell technologies designed for

high-capacity metropolitan areas. Such devices are typically installed on building

walls or street furniture (e.g., lampposts). This category can include technologies

such as femtocells, picocells and microcells where they meet these deployment

criteria.

15.2. Small Cell Deployment Scenarios and Use cases:

Small cells generally support two lower coverage range base station classes defined by

3GPP [TS38.104] which also determine the RF performance:

Medium-range base stations (derived from microcell scenarios) for outdoor small cell

deployment.

ii.

Local area base stations (derived from Pico cell scenarios) for indoor small cells.

Small cells will play a critical role in a number of use cases in the 5G network. Some of

use cases of Small Cells are given below-

•

Large venues such as sports complexes or concert halls where thousands of users

need to connect within an enclosed area. In order to ensure all users, maintain

network coverage with good throughput, 5G small cells can be deployed in these

facilities and surrounding areas to provide extra capacity so that the influx of users

doesn’t exhaust the network.

•

Another use case is cellular vehicle-to-everything (C-V2X) enabling communications

between vehicles and between the car and infrastructure. Both capabilities are

necessary for autonomous automobiles. 5G small cells can be used to build

infrastructure that can handle massive communications needed for this application

where human lives can be at stake.

•

In smart cities, 5G small cells can be attached to traffic posts or light posts to

enable better coverage in metropolitan areas to ensure the network coverage is

there with the necessary throughput for smart city initiatives, analytics and

intelligence.

•

5G small cells can support residential or business network needs. In a smaller

community of users, that doesn’t justify the capital costs for a macrocell

deployment, a 5G small cell is a great alternative. Placing a 5G small cell near

residential buildings or homes, can ensure throughput is not degraded due to lack

of coverage.

15.3. Communication System:

Data growth is exploding globally and in India as per Nokia MBiT 2021 Report, the

average monthly data usage per user in India has increased almost 17 times over the past

5 years. Covid-19 has further pushed data consumption with people staying indoors.

Government has facilitated Work from Home (WFH) guidelines with a Work from Anywhere

(within India) permitted. Home consumption of data has therefore grown exponentially

through 2020. According to the Tower and Infrastructure Providers Association, almost 85%

data traffic and 70% voice traffic is now generated indoors.

The World Bank has clearly demonstrated that every 10% increase in broadband

penetration leads to nearly 1.40% increase in GDP growth rate. While that is a global

average, even the India specific study by the reputed quasi-Government research agency,

ICRIER, has shown that every 10% increase in internet traffic delivers 3.1% increase in

GDP per capita and a 10% increase in investment in Telecom Infrastructure will increase

GDP by 3.3% The entire consumer pull today is focused on data and broadband now with

the new digital services providing voice services free with the data services. Video and

app-based services are driving the demand for broadband with Apps for ecommerce,

eHealth care etc. in everyday use. It is very clear that Internet Traffic and Apps are

contributing to GDP growth and for this to grow even further, conventional connectivity

needs to be replaced with duct-sharing and fibre especially, which is an essential

requirement In-Building as much as it is for FTTx and Tower Fiberization.

Note: “Service Provider”: any organization that provides any type of telecom or IT

services in the building complex, as per scope defined by DOT i.e., TSP / ISP / IP1

etc.

A broad variety of Information Communication Technology (ICT) systems are expected to

be installed in buildings. In order to facilitate proper cabling and installation / up gradation

of ICT systems and their cost effectiveness and maintenance, adequate physical

infrastructure is required within buildings. This infrastructure will include common ducts,

cable riser systems, conduits, cable trays and utility closets etc. among other things. The

same can also be retrofitted into existing buildings wherever possible and feasible and

must be designed in all new, re-developed and renovated structures. This section

describes the general and specific requirements of such an ICT infrastructure in Building

specially in respect of cabling aspects.

Communication systems are general utility in much the same way as water, power, gas,

cable TV & CCTV/Security. Unlike traditional communication systems which are constantly

evolving, the recommended Digital infrastructure has to be designed to be flexible enough

to accommodate a variety of ICT systems and emerging technologies and be future proof

for the next 25-30 years. Space and power are required for installation of common ducts,

optical fiber, small cells, antennas, smart sensors etc., space, power and earthling is

required for electronic equipment installation for supporting the various digital technologies

of now and the future. Most communication utilities can share the same space since the

physical topology and wiring requirements are similar and no significant power is present in

the cables. However, in some cases state-of-the – art communication cabling or equipment

will involve new or more specific requirements for utility spaces such as:

Cable routing layout and cable length restrictions between Work-Space and utility

closet,

ii.

Bending radius and working clearance requirements for different cable types, e.g.,

Fiber optic cables, Cat-6 Cables and co-axial cables,

iii.

Isolated power circuits for permanent communication equipment,

iv.

Protection, Safety, Grounding and environmental requirements of communication

equipment.

15.4. Emerging Technologies in Telecommunication Services:

The technologies used for telecommunications have changed greatly and over the past few

years and particularly during the pandemic, India has experienced a massive surge in

indoor voice and data consumption. According to the Tower and Infrastructure Providers

Association, almost 85% data traffic and 70% voice traffic is now generated indoors.

Telecommunication network architecture is changing to meet new requirements for a

number of services/applications viz. 5G, massive Internet of things, Artificial Intelligence

etc. Choosing efficient and cost-effective and fast-deployment technologies such as wired

and wireless networks will improve accessibility. Based on type of building and profile of

customers in the buildings, the needs of wired and wireless may vary. Further, the

architecture of the information and communication infrastructure is changing to

accommodate the requirements of a growing number of ICT-enabled services/applications

(broadband, IP, mobile, multimedia, surveillance, IoT, etc.). In order to improve in-building

coverage and to offer better-quality high-speed data services, there is a definite need to

install in - building solutions (IBS) for augmenting the wireless-based voice and data

services. This is equally true for installing 5G and Wi-Fi hotspots along with Fibre to x

(FTTX) distribution network of Fiber and Cat-6 Cables for seamless data connectivity.

Provisioning of telecom services and broadcasting services viz Cable TV, DTH and

Security Services viz. CCTV Cameras and futuristic services viz IoT based sensors would

require suitable wireline connectivity inside the buildings inside buildings are not confined

to wireless medium only. Wireline services through cables such as copper cables, optical

fibre cables (OFC), LAN Cat-6 cables are also equally important for having uninterrupted

connectivity. Also, for services such as Cable TV, DTH and Smart Devices Solutions (IoT),

suitable cabling within building premises is a pre- requisite and for that, shared duct space

across the building riser and floors is critical to achieve the flexibility in the future.

15.5. Incorporation with Smart Cities:

In-Building and Gated building solutions:

It is important to ensure quality telecom services inside a building – in residential, multi-

story building, commercial complex, hotel or airport. It is also essential for

Telecommunication Service Providers/IP-1s to work on sharing of telecom infrastructure

which may be made mandatory as they extend the services in the buildings.

Telecom Service Providers/IP-1s require a non-discriminatory and unhindered access

inside the building / along the premises to install the telecom infrastructure or lay their

cables.

At present, mobile operators and the building owner or building developer or Resident

Welfare Associations (RWA) enter into commercial agreements for in-building deployment.

Building owners or building developers delay the negotiations or request exorbitant rents

— slowing down the speed of deployment. The Competent Authority may intervene in this

regard wherein commercial agreements are insisted upon. TSPs/IP-1s should be given

legal rights to use the Common Telecom Infrastructure (CTI) within the premises of

Building / Gated Society free of charge or for a standardized nominal charge just like

other essential services like water electricity and/or gas. Provision of CTI in a building

should not be deemed as a revenue source in any way, much as the water and

electricity utilities are not.

The issue is not limited to sharing of IBS/ Distributed Antenna System (DAS) systems

only, but TSP should get access to all telecom infrastructures including Fiber Cable and

LAN cables for provision of wired and wireless network, other telecom/ICT and IoT

services.

It is important for telecom service providers to provide mobile coverage / network

presence/high speed connectivity inside big residential / commercial complexes to improve

QoS of their networks. It may not be practical to install individual in-building infrastructure

by TSPs/IP-1s as this will result in not only duplication of network resources but will also

entail huge avoidable cost. It may also be not advisable to lay down cables again and

again on the same land / building by several TSPs/IP-1s.

ii.

Built Provisions:

The buildings are to be constructed in such a way that they are ‘Digital Infrastructure

deployment’/ ‘Digital Connectivity’ ready. There should be provision of telecom ducts/

common pathways/runways (digital access paths) to reach to the accessible parts of the

buildings. The common ducts/digital access paths to access buildings from outside should

invariably be part of the CTI, which could be used by TSPs/IP-1s for laying/deploying

digital infrastructure including cables. While approving the building plans, it has to be

ensured that plan for creation of CTI including the common duct to access the common

space used as telecom room inside the building is also prepared and separate set of

drawings showing the inter/intra connectivity access to the building with distribution

network need to be furnished.

Occupancy-cum-Completion certificate to a building to be granted only after ensuring that

the CTI as per the prescribed standards is in place and an undertaking by the

competent professionals to be insisted to certify that building has ensured common

access to all digital infrastructure to all Service providers in accordance with plan of

creation of CTI.

As part of Building Bye-Laws, the builder/Resident Welfare Association should be

mandated to ensure that:

While preparing the building plans, there is a need to mandate to have properly

demarcated sections within buildings and on rooftops for housing Broadband / digital

connectivity infrastructure / antenna. These areas should have access to power

supply for reliable, always-on services.

ii.

Access to building as well as CTI facilities inside the building should be available on

a fair, transparent and non-discriminatory manner to all Service Providers /IP1’s.

iii.

The Service Providers / IP1’s should have unrestricted access for maintenance work.

iv.

The permission to in-building access and/or CTI facilities inside the building should

not be seen as a source of revenue generation for builder(s)/RWA(s) but as a

means for facilitating penetration of broadband access and thereby helping in socio-

economic growth of all the residents.

Charges (rentals/power rates etc.) levied to the TSPs/IP-1s should be fair,

transparent, and non-discriminatory and should be on residential rates.

Suitable provision for the creation of Common Telecom Infrastructure (CTI) inside the

newly constructed public places like Airports, commercial complexes and residential

complexes:

At Layout Level

While developing Greenfield areas, the layout plans should clearly indicate the telecom

as Utility infrastructure lines. Standards followed for Utility planning shall be published

and work shall be done by the respective department for bringing in the standardization

of the utility coding and sequences. The placement and sequence of above- and below-

ground utilities at the appropriate location in the right-of-way to be ensured for

unconstrained movement as well as easy access for maintenance. Telecommunication

cables should be placed in a duct that can be accessed at frequent service points with

sufficient spare capacity to enable scaling and future expansion, and empty pipes (large

size hume pipes / HDPE pipes) should be laid before planting trees in order to

accommodate additional infrastructure.

Digital Readiness Rating of Buildings / Society in line to the Green ratings (as

mentioned in these Bye-Laws, as well as further laws/notifications/amendments taken up

by shall be created where the existing and new buildings shall be rated on standardized

parameters such as; but not limited to; Digital Infrastructure access, provisions for

Emerging Technologies, Maintenance and Operational ease to TSPs / IPv1, Quality of

Wireless Services, Quality / Interchangeability ease of Wireline Services till each Unit

Security, redundancy and Expandability of the digital infrastructure etc. A detailed rating

parameters and calculation mechanism of Points / Stars shall be devised and

benchmarked for all new / retrofitting of buildings/ societies.

Digital Asset repository which will ensure Proper planning and mapping of utilities

through GIS is necessary especially when the alignments of telecommunication cables

are identified. Design criteria and standards Utilities should meet the following criteria:

•

Telecommunication cables should ideally be placed below the parking area or

service lane, which may be dug up easily without causing major inconvenience.

Where this is not possible, the cables may be placed at the outer edge of the

right-of-way.

•

There is a need to reduce conflicts with pedestrian movements is to place telecom

boxes in easements just off the right-of-way. Where this is not possible, they

should be placed within parking or landscaping areas. If cables have to be located

in the pedestrian path, a space of at least 2m should be maintained for the

through movement of pedestrians. Telecom boxes should never constrain the width

of a cycle track.

•

In order to minimize disruptions, cables should be installed with proper

maintenance infrastructure.

ii.

Other procedures for setting up In-Building Solution (IBS)/ Fiber Networks:

•

There is a need to promote installation of In-Building Solution (IBS) / Smart

Connectivity infrastructure, where there is a poor connectivity in terms of weak

signal strength inside the office, shopping mall, hospitals, multi-story building,

education institutions and the objective has to be to strengthen quality of service of

the voice & data of mobile and Fiber broadband network and access to digital

services being offered by TSP and IP1’s

•

Mode of deployment of In-Building, FTTx/IP Solution: There shall be various mode

of deployment of In Building solutions such as: The possible modes are

deployment by a neutral host infrastructure provider or build and managed by

mobile operator and sharing with other service providers on non-discriminatory

basis. The In-Building Solutions (IBS), FTTx/IP Solutions can also be deployed by

TSPs/ IPs. For deploying indoor solutions these companies should have deemed

permissions from the premise’s owners for installation of Distribution Network within

the utility shafts / common spaces with provisions for common / shared Points of

Interconnect for Connectivity to individual units. Moreover, if the TSP/IP requires to

install optical fiber for connecting In-Building Solution (IBS) / Distributed Antenna

System (DAS) nodes, FTTx/IP Solutions for which RoW / permissions should be

granted by the road owning agency through online mode.

•

Permissibility: The IBS, FTTx/IP component being small equipment can be installed

on any type of land/building/utility pole and shall be exempted from obtaining the

permission for installation of these components from the Competent Authority.

•

Procedure for submitting application for obtaining clearance: The application should

be made to the Administrative Authority of the Building/ Head of the office with

Layout diagram for implementing IBS in the building.

•

Fees: There shall be no fee to be charged for IBS / FTTx Network. However,

charges may be levied for provision of power, fixtures, etc. if taken by the TSP/IP-

1s.

•

Access and Distribution Fiber and IP/LAN networks for connectivity for the shopping

malls, Multi-Storey Residential Buildings, Cooperative Housing Societies, Residential

Welfare Association and Commercial Buildings to be planned and deployed by

TSP/IP-1s as per standard requirement of providing high bandwidth and adequate

indoor coverage to each unit / apartment in these complexes.

Annexure “A”

Standard Affidavit

I ……………………………….. son/daughter/wife of ...................................................................................... , applied

for

building plan approval/ DPC Level/ occupation certificate vide application

dated……………… on Form BC………………….., and resident of ,

hereby solemnly state & affirm as under:

That I shall not use basement as habitable space, as the same has not been

included in the FAR and has not been shown as habitable space in the

approved plans.

That I shall use the building only for the purpose for which approval and

occupation certificate has been obtained.

That I shall comply with all the condition(s) implied by the competent authority

at the

time of approval of building Plan and Occupation certificate.

That ............................. (condition/

indemnity/

affirmity

required by

the

Competent Authority)-I.

That ............................. (condition/

indemnity/

affirmity

required by

the

Competent Authority)-II.

That ............................. (condition/

indemnity/

affirmity

required by

the

Competent Authority)-III.

……………………………………..

Place:

DEPONENT

Date:

VERIFICATION

I ……………………………….. son/daughter/wife

of .......................................... ,

applied for building plan approval/ DPC Level/ occupation certificate vide application

dated……………… on Form BC………………….., and resident of ........................................................... ,

hereby verify and affirm that the contents of this affidavit are true and correct to the best of

my knowledge, belief and information in witness whereof I have signed hereunder on day of

FORM BC-I

[See Code

4.1(1)] Form of

Application

Class of Building

Residential

Institutional

Commercial

Industrial

Educational

Warehousing

Health

Any other

From ……………………

To……………………….

Sir,

I/We apply for permission to erect/re-erect/add/alter a building/wall in accordance with the plans

submitted herewith on Site No.

; Street No.

;

/Khasra No.

, Village

(strike

out whichever is not applicable)

I/We attach:

a. Site plan (in triplicate) showing the position of site proposed to be built upon as

required by the Bye-Laws along with an un-editable Compact Disc/DVD or any

other electronic medium permissible by competent authority from time to time

containing the drawings so submitted,

b. Plans, elevations and sections (in triplicate) as required by the Bye-Laws along

with an un-editable compact Disc/DVD or any, other electronic medium

permissible by Director from time to time containing the drawings so submitted,

c. Drainage plans (in triplicate), as required by Bye-Laws along with an un-editable

compact Disc/DVD or any, other electronic medium permissible by the competent

authority from time to time containing the drawings so submitted,

d. Structural drawings (for record) as per Form BC-V(A1)/BC-V(A2), as may be applicable,

e. Specifications of the proposed building (in triplicate) in Form BC-II;

Certificate of conformity to regulation and structural safety for the relevant

buildings (depending upon type and height) in Form BC-V(A1) and

2. Scrutiny fee @ Rs. 10 per square meter deposited as per prescribed mode

3. The construction of the building will be undertaken as per the approved building plans,

structural design given by the architect, civil engineer or structural engineer, and got

supervised through the following architect/engineer:

Architect:

Engineer:

Name of Architect:

Name of Engineer:

Council of Architecture

Registration No.-----------valid

up to---------------------

Qualifications:

Complete Address

E-Mail

Mobile No.

Enclosures

Signature of applicant

FORM BC-II

See Code 4.1 (a) (iv))

Specifications

The materials to be used in the construction to be clearly specified under the following heads:-

Items

Specifications

(a) Foundations

(b) Walls

(d) Floors

(e) Roofs

(f) Windows and Doors and other wood-work

(g) Steel work

(h) Internal finish

(i) External finish.

Signature of applicant

(No digital signatures are required)

Signature of Architect/Engineer

i. Complete Address

ii. E-Mail

iii. Mobile No.

Form BC-V (A1)

(See code 4.1 (a) (vi, viii and ix)

Certificate of conformity to Bye-Laws and structural safety for Residential and

Commercial Buildings up to 15 meters height.

Certificate to be submitted along with the building application in Form BC-1 duly

signed by the Architect, Civil Engineer and the Structural Engineer.

Details of the building for which the certificate is issued

Plot No.

, Sector

, Colony

City/Town

Name of the owner

Complete address of the owner

A. Building Plan :

i. Name of Architect:

ii. Council of Architecture Registration No.

, valid up to

iii. Complete Address

iv. E-Mail

v. Mobile no.

B. Structural Design:

i. Name of Civil/Structural Engineer:

ii. Qualifications:

iii. Complete Address

iv. E-Mail

v. Mobile no.

Certificate

It is hereby certified that the plans submitted in Form BC-1 for the building detailed

above, are in accordance with the Administration of UT Unified Ladakh Building Bye-Laws –

2024 (and the approved zoning plan of the plot wherever applicable). The structure has

been designed in accordance with the provisions of the National Building Code and the

relevant Indian Standard Code (with latest amendments) including Bureau of Indian Standard

Codes for structures resistant to earthquakes and other natural hazards. The local soil

FORM BC-V (A2)

[See code 4.1 (a) (vi and ix)]

Certificate of conformity to rules and structural safety for all buildings except as

stated in Form BC-V (A1).

Certificate to be submitted along with the building application in Form BC-1 duly

signed by the Architect, Civil Engineer and Structural Engineer and the Proof Consultant.

Details of the building for which the certificate is issued

Plot No.

, Sector

, Colony

City/Town

Name of the owner

Complete address of the owner

Building Plan :

Name of Architect:

ii.

Council of Architecture Registration No.

, valid up to

iii.

Complete Address

iv.

E-Mail

Mobile No.

B. Structural Design:

Name of Engineer:

ii.

Qualifications:

iii.

Complete Address

iv.

E-Mail

Mobile No.

Certificate

It is hereby certified that the plans submitted in Form BC-1 for the building detailed

above, are in accordance with the Bye-Laws ((and the approved zoning plan of the plot

wherever applicable). The structure has been designed in accordance with the provisions of

the National Building Code and the relevant Bureau of Indian Standard Codes (with latest

amendments) including Bureau of Indian Standard Codes for structures resistant to

earthquakes and other natural hazards. The local soil conditions, its load bearing capacity

and the underground water table etc. have been kept in view while designing the same.

Dated

Signature of Owner

Signature of Architect

Signature of Civil/Structural

Engineer (No digital signatures are required)

Mobile No. ……….

E-mail -------------------

The structural design has been checked and has been found to be in order. The design is in

accordance with the provisions of the National Building Code and the relevant Bureau of

Indian Standard Codes (with latest amendments) including Bureau of Indian Standard Codes

for structures resistant to earthquakes and other natural hazards. The local soil conditions, its

load bearing capacity and the underground water table etc. have been kept in view while

designing the same.

Dated

Signature of Proof Consultant

along with Mob. No. & E-mail

FORM BC-III

(See Code 5.2 (4))

Form of Sanction

From

Memo No.

Dated the ……………..

Reference you application for permission to erect/re-erect-add to/alter a building

on plot No.

/ Khasra no.

, Village

accordance with the plans submitted with it.

Permission is hereby-

(i) granted/sanctioned for the aforesaid construction subject to the provisions of the

respective Acts and Administration of UT Ladakh Building Bye-Laws -2024 and

subject to the following amendments, terms and conditions;

(ii) rejected for reasons given below :-

FORM BC-IV (A)

(See Code 5.10 (1 & 2))

For Residential and Commercial Buildings up to 15 meters height.

Application for permission to occupy

From

Sir,

I/We hereby give you notice that the building/part-of-building described below

and sanctioned vide your order No.

, dated

, has been completed on

in all respects according to the sanctioned plans and the structural design

made for the same and the suggested modifications have been carried out.

Description of Building

Plot No.

, Sector

, Colony

City/Town

.(or)

Khasra no.

, Village

Name

the

owner

along with Mob. No. and E- mail

Complete address of the owner

The modifications made to the building plans and carried out at site during the

course of construction are submitted herewith:

Corresponding to the above modifications made in the building plans, the necessary

amendments were also carried out in the structural design and implemented a site.

Completion certificate from the architect/engineer who supervised the construction of

the building is submitted herewith.

Kindly issue an occupation certificate as required by Administration of UT Ladakh

Building Bye-Laws -2024 Dated

Signature of applicant

Signature of Architect/Engineer

(No digital signatures are required)

supervising the construction at site

i. Complete Address

ii. E-Mail

iii. Mobile no.

FORM BC-IV (B)

(See Code 5.10 (1))

For all Buildings except as stated in Form BR-IV (A) Application for permission to occupy

From

Sir

I/We hereby give you notice that the building/part-of-building described below

and sanctioned vide your order No.

, dated

, has been

completed on

in all respects according to the sanctioned plans and the

structural design made for the same and the suggested modifications have been carried out.

Description of Building

Plot No.

, Sector

, Colony

City/Town

.(or)

Khasra no.

, Village

Name

the

owner

alongwith

Mob.No.

and

E- mail

Complete address of the owner

The modifications made to the building plans and carried out at site during the

course of construction are submitted herewith:

Corresponding to the above modifications made in the building plans, the necessary

amendments were also carried out in the structural design and implemented a site.

Completion certificate (Form BC-VI) from the Architect/Engineer who supervised the

construction of the building is submitted herewith.

Kindly issue an occupation certificate as required under Administration of UT

Unified Ladakh Building Bye-Laws -2024

Dated

Signature of applicant (No digital signatures are required)

Signature of

i) Architect:

a. Complete Address

b. E-Mail

c. Mobile No.

Signature of

ii)

Engineer supervising the construction at site

a. Complete Address

b. E-Mail

c. Mobile No.

FORM BC V (I)

[See Code 4.10(1)]

For Residential and Commercial Buildings up to 15 meters height.

Completion certificate by an Architect/Engineer in respect of building on:

Plot No.

, Sector

, Colony

City/Town

Name of the owner

Complete address of the owner

It is hereby certified that the above work has been supervised by us and has been

completed to my satisfaction in accordance with the sanctioned building plans and its structural

design. The workmanship and all the material used for construction meet the specifications

laid down in the National Building Code. No provision of the Administration of UT Unified

Ladakh Building Bye-Laws -2024 and no rules made, conditions prescribed, or order issued

thereunder has been transgressed in the course of the work.

Dated

Signature of

i. Architect:

a. Complete Address

b. E-Mail

c. Mobile No.

Signature of

ii. Engineer supervising the construction at site

(See Code 5.10(1))

For all Buildings except as stated in Form BC-V(1)

Completion certificate by the Architect, Civil Engineer and the Structural Engineer in

respect of building on:

Plot No.

, Sector

, Colony

City/Town

Name of the owner

Complete address of the owner

It is hereby certified that the above work has been supervised by us and has been

completed to our satisfaction in accordance with the sanctioned building plans and its

structural design as checked and certified by the proof consultant. The workmanship and all

the material used for construction meet the specifications laid down in the National Building

Code. No provision of the Administration of UT Unified Ladakh Building Bye-Laws -2024 and

no rules made, conditions prescribed or order issued thereunder has been transgressed in

the course of the work.

Dated

Signature of

Architect:

a. Complete Address

b. E-Mail

c. Mobile no.

Form BC-V (2)

(See Code 5.10(1))

For all Buildings except as stated in Form BC-V(1)

Completion certificate by the Architect, Civil Engineer and the Structural Engineer in

respect of building on:

Plot No.

, Sector

, Colony

City/Town

Name of the owner

Complete address of the owner

It is hereby certified that the above work has been supervised by us and has been

completed to our satisfaction in accordance with the sanctioned building plans and its

structural design as checked and certified by the proof consultant. The workmanship and all

the material used for construction meet the specifications laid down in the National Building

Code. No provision of the Administration of UT Unified Ladakh Building Bye-Laws -2024 and

no rules made, conditions prescribed or order issued thereunder has been transgressed in

the course of the work.

Dated

Signature of

iii)

Architect:

a. Complete Address

b. E-Mail

c. Mobile no.

FORM BC VI

See Code 5.10 (a) (ii)

Completion Certificate by an Architect

I do hereby certify-

that the following work has been supervised by me and has been completed to

my satisfaction in accordance with the sanctioned plan.

ii)

that no deviation from sanctioned plan is made while constructing the building/

deviation from sanction plan is made (details as below) and these deviations are

duly shown on completion drawings. Due to these deviations, human safety has

not been compromised (strike off whichever is not applicable).

iii)

that the workmanship and the whole of the materials used are good; that no

provision of the Administration of UT Unified Ladakh Building Bye-Laws, 2024

and no requisition made, conditions prescribed, or order issued there under has

been violated in the course of the work.

Details of construction on (floor-wise along with covered area on each floor)

City

Street

Plot No.

House No. (if any)

(or)

Khasra no.

, Village

Dated

Signature of Architect

i. Complete Address

ii. E-Mail

iii.

Mobile No.

FORM BC-VII

(See Code 5.10 (2)),

Form of Occupation Certificate

From

Memo

No…….

Dated

…………

Whereas Shri/ Smt/ M/s........................... has applied for the issue of an occupation

certificate in respect of the building described below:-

City

Street

Site No.

House No.(if any)

(or) Khasra no.

, Village

Indicating description of the building, covered area, towers, nature of buildings etc.

I hereby:-

(i) grant permission for the occupation of the said building with following conditions; or

(ii) refuse permission for the occupation of the said building for reason given below:-

Competent Authority

Form-BCS-I

(See Code 4.2.(a))

Form of application under self-certification

Class of Building –

Residential

Commercial

Educational

Institutional

Warehousing

Industrial Any other

From ………………………………….

To………………………………….

Sir,

I/we apply for permission to erect/re-erect/add/alter a building/wall in accordance with the plan

submitted herewith on site NO.

Street No.

2. I/We attach:

a. a site plan showing the position of site proposed to be built upon as required by the Bye-Laws (in

triplicate) an un-editable Compact Disc/DVD or any other electronic medium permissible by

Competent Authority from time to time containing the drawings as required by Code 4.1;

b. Plans, elevations and sections as required by the Code (in triplicate) an un- editable Compact

Disc/DVD or any other electronic medium permissible by Competent Authority from time to time

containing the drawing as required by Code 4.2;

c. Drainage plans (in triplicate), as required by Bye-Laws along with an un-editable Compact

Disc/DVD or any other electronic medium permissible by Competent Authority from time to time

containing the drawings as required under these Bye-Laws;

d. Structural drawings (for record) along with structure Certificate as per Form BCS-II;

e. Fire Safety design as required in the National Building Code as approved by the UT Fire

Authority, or any other authority as appointed by UT Administration. Alternatively, an undertaking to

the effect that the fire safety plans duly approved by the UT Fire Authority or any other authority

as appointed by UT Administration, will be submitted within sixty days;

f. Heating, Ventilation, Air conditioning (H.V.A.C.) service plans, wherever required;

g. Specifications of the proposed building (in triplicate) in Form BC-II;

h. Certificate of conformity to regulation and structural safety for the relevant buildings;

i. An affidavit from the owner and architect, as required under Code 4.2;

j. Scrutiny fee through an electronic transfer

3 The construction of the building will be undertaken as per the approved building plans,

structural design given by the Civil/Structural Engineer, fire safety design as approved by

the Competent Authority and got supervised through the following Architect/Engineer;

Signature of Architect

Complete Address

ii. E-Mail

iii. Mobile No.

Signature of Civil/Structural Engineer supervising the Construction

i. Complete Address

ii. E-Mail

iii. Mobile No.

Form BCS-II

(See Code 4.2.(b))

Certificate for structure conforming under self-certification

Plot No…………Sector…………..Colony……………..City/Town…………………

Name of the Owner……………….

Complete address of the owner…………………………

It is hereby certified that the plans submitted in Form BCS-I for the building detailed above

are in conformity with the Administration of UT Unified Ladakh Building Bye-Laws -2024 and the

approved zoning plan of the plot. The structure has been designed in accordance with the

provision of National Building Code for structures resistance to earthquakes and other natural

hazards. The local soil conditions, its load bearing capacity and the underground water table

etc have been kept in view while designing the same.

Date…………….

Signature of Architect

Signature of Owner

(No digital signatures are

required) Mobile no.

E-mail

Signature of Civil/Structural Engineer

FORM BCS-III

[see Code 5.11. (a), (b) and (c)]

For Buildings Residential and Industrial Buildings applied under Code 4.2 Application for

permission to occupy

From:

……………………………………

To:

……………………………………

Sir, I/We hereby give you notice that the building/part of building described below and sanctioned vide your

order no. …………………………., dated ………………….., has been completed in all respect according to the sanctioned

plans and the structural design made for the same and suggested medications have been carried out

Description of Building

Plot No.

, Sector

, Colony

City/Town

.(or) Khasra no. ____, Village ___________

Name

the

owner

alongwith

mob.No

and

E- mail

Complete address of the owner

The modifications made to the building plans and carried out at site during the

course of construction are submitted herewith:

Corresponding to the above modifications made in the building plans, the

necessary amendments were also carried out in the structural design and

implemented a site.

Completion certificate from the architect/engineer who supervised the

construction of the building is submitted herewith.

Kindly issue an occupation certificate as required by Administration of UT

Unified Ladakh Building Bye-Laws -2024 Dated

Signature of applicant

(No digital signatures are required)

Signature of Architect

Mobilen

E-mail

Signature of Engineer supervising the construction

FORM BCS-IV

(See Code 5.11(1) and (2))

Certificate of conformity to rules and structural safety.

Certificate to be submitted along with the building application in Form BCS-III duly signed by the Architect,

Civil Engineer and the Structural Engineer.

Details of the building for which the certificate is issued

Plot No.

, Sector

, Colony

City/Town

Name of the owner

Complete address of the owner

Building Plan :

i. Name of Architect:

ii. Council of Architecture Registration No.

, valid up to

iii. Complete Address

iv. E-Mail

v. Mobile no.

B. Structural Design:

i. Name of Engineer:

ii. Qualifications:

iii. Complete Address

iv. E-Mail

v. Mobile no.

Certificate

It is hereby certified that the plans submitted in Form BCS-I for the building detailed above,

are in accordance with the Administration of UT Unified Ladakh Building Bye-Laws -2024

and the approved zoning plan of the plot. The structure has been designed in accordance

with the provisions of the National Building Code and the relevant Bureau of Indian

Standard Codes (with latest amendments) including Bureau of Indian Standard Codes for

structures resistant to earthquakes and other natural hazards. The local soil conditions, its

load bearing capacity and the underground water table etc. have been kept in view while

designing the same.

Dated

Signature of Architect

Mobile No.

E-mail

Signature of Engineer supervising the construction

Mobile No.

E-mail

In case of the building is above 15 meters height, the certificate shall be signed by the

proof consultant, as followed:

The structural design has been checked and has been found to be in order. The design is

in accordance with the provisions of the National Building Code and the relevant Bureau of

Indian Standard Codes (with latest amendments) including Bureau of Indian Standard

Codes for structures resistant to earthquakes and other natural hazards. The local soil

conditions, its load bearing capacity and the underground water table etc. have been kept in

view while designing the same.

Dated

Signature of Proof Consultant

along with Mob. No. & E-mail

Form BCS-IVA

(See Code 5.12(1) and (2))

3^rd party certification for conformity to rules and structural safety.

Certificate to be submitted along with the building application in Form BCS-III duly signed by the

3^rd party Architect and 3^rd party Civil/Structural Engineer.

Details of the building for which the certificate is issued

Plot No.

, Sector

, Colony

City/Town

Name of the owner

Complete address of the owner

Building Plan :

Name of Architect:

ii.

Council of Architecture Registration No.

, valid up to

iii.

Complete Address

iv.

E-Mail

Mobile no.

Structural Design:

Name of Engineer:

ii.

Qualifications:

iii.

Complete Address

iv.

E-Mail

Mobile no.

Certificate

It is hereby certified that the site has been inspected and construction has been found in

order as per plans submitted in Form BCS-I, in accordance with the Administration of UT

Unified Ladakh Building Bye-Laws -2017 and the approved zoning plan of the plot, for the

building detailed above. The structure has been designed in accordance with the provisions

of the National Building Code and the relevant Bureau of Indian Standard Codes (with latest

amendments) including Bureau of Indian Standard Codes for structures resistant to

earthquakes and other natural hazards. The local soil conditions, its load bearing capacity

and the underground water table etc. have been kept in view while designing the same.

Dated………………….

Signature of Architect (3^rd party): Complete Address………………….E-Mail……………………

Mobile no……………………

Civil Engineer/ Structural Engineer (3^rd party): Complete Address…………………………..

E-Mail……………..Mobile no…………………………

In case of the building is above 15 meters height, the certificate shall be signed by the

proof consultant (3^rd party), as followed:

The structural design has been checked and has been found to be in order. The design is

in accordance with the provisions of the National Building Code and the relevant Bureau of

Indian Standard Codes (with latest amendments) including Bureau of Indian Standard Codes

for structures resistant to earthquakes and other natural hazards. The local soil conditions,

its load bearing capacity and the underground water table etc. have been kept in view while

designing the same.

Dated

Signature of Proof Consultant (3^rd party) along with Mob. No. & E-mail.

Form BCS-V [see Code 5.11(4)]

From

…………………………………………………………………………………………………………..

Memo

No…….

Dated

…………

Whereas Shri/ Smt/ M/s .............................. has applied for the issue of an occupation

certificate in respect of the building described below:-

City

Street

Site No.

House No.(if any)

(or) Khasra no.

, Village

Indicating description of the building, covered area, towers, nature of buildings etc.

I hereby:-

(i) grant permission for the occupation of the said building with following conditions; or

(ii) refuse permission for the occupation of the said building for reason given below:-

Competent Authority

Form-NAC-I

(See Code 3.53, 6.1(3), Annexure-D)

Application form for rendering non-nuisance professional consultancy in residential

premises.

…………………………………….

……………………………………

Name of applicant

Premises Number and size

Name of colony/change of land use site

Sector

Detail of floor-wise built up area

(Square meters)

Copy of approved building plan showing duly marked area upon which mixed land

use is applicable.

Whether occupation certificate has been issued, if so, attested copy thereof to be

attached.

Details of profession

Numbers of anticipated visitors

10.

Working hours of consultancy

11.

Detail of fee

through electronic transfer as per Schedule IV A.

12.

Affidavit to the effect that he shall abide by all the terms and conditions, which shall

be imposed by Competent Authority from time to time.

Place:

Date:

Form-NPC-II

(See Code 3.85,6.1(3), Annexure-D)

From

……………………

…………

Mem

o No.

Dated:

Subject: Permission to provide non-nuisance consultancy services in the

residential premises.

This is with reference to your application dated

Permission is hereby granted to provide

services,

within the premises of your land/house bearing number

Sector

town/city

. The above permission shall be subject to the following terms and

conditions:-

(1) You can use the premises of your house up to 25% of the covered area

of the premises or 50 square meters, whichever is less for the purpose.

(2) Total charges paid i.e. Rupees

is for a period of five years.

LADAKH GAZETTE : EXTRAORDINARY 177

(3)

Water, sewerage and electricity charges for such premises to the extent

that is being used for non-residential use would be charged at commercial rates

by the service providing agency.

(4) The permission given by Competent Authority shall be valid for a period of

five years which may be renewed thereafter for a period of five years and

further in block of five years on payment of renewal fee @ 10% of updated

commercial charges.

(5) The owners of a premises where mixed land is used is permitted should

accept any other condition such as restriction with respect of provision of

parking advertisement etc.

(6)

Competent Authority can withdraw the permission give for mixed land

use at any point of time, if the percentage area permitted under mixed land use

is found to exceed the stipulated limit or for any other reason in the public

interest.

(7)

That the permission shall also be governed by the provision of these Bye-Laws.

(8) That the owners of building shall not further sublet/lease out the premises

for which permission is being granted.

Signatures of Permission Issuing Authority along with seal.

LADAKH GAZETTE : EXTRAORDINARY 178

Annexure “B”

INDEMNITY BOND FOR BASEMENT

This Indemnity Bond is executed by Shri/Smt.…………………………………………

S/o, D/O, W/O Shri/Smt…………………………………………………………….………

R/O……………………………………………….in favour of Development Authority. Whereas the executant has

submitted to the concerned Authority the plans for, sanction of basement over Plot No…………………

under the provisions of the Act and lie bye- laws made there under:-

And whereas the concerned Authority has agreed to sanction the aforesaid construction subject

to the conditions that the owner shall indemnify the concerned Authority in the event of any

loss or damage being cause to the adjoining building on account of the construction of the said

basement either at the time of digging of its foundations or in the course of its construction or

even thereafter and also against any claim of any concern thereto. And whereas the executant

has agreed to execute an indemnity bond to the above affect and also to abide by the terms

imposed by the concerned Authority to the grant of sanction for construction of the basement.

Now this deed witnesses:

1. That in consideration of the sanction of the plans by……………………………for construction of the

basement the executant undertakes that he/she shall at all times keep…………………harmless

and free from any liability, loss or damages/flowing from any injury or damage caused

to the adjoining built-up properties or to any person as a consequence of the

construction of at the time of digging of its foundations or during the course of its

construction or at any time thereafter.

2. The owner agreed and undertakes that in the event of any claim being made by any

person or persons against the concerned Authority either in respect of the sanction

LADAKH GAZETTE : EXTRAORDINARY 179

granted by the concerned Authority to the owner for the construction of basement or in

respect of the construction or manner of construction of the basement by the owner or

the consequences flowing from the said sanction the executant shall be responsible and

liable and not the concerned Authority.

3. The executant agrees and undertake to indemnify the concerned Authority fully in

respect of any amount which the concerned Authority may be required to pay to any

person either by way of compensation or damages or on any other account as a result

of any claim or suit or any other proceedings concerning the sanctioning of the

construction of the basement of the making thereof and also in respect of the costs and

expenses which the concerned Authority may incur on defending any action.

4. Without prejudice to the above undertaking the executant hereby binds itself to pay to

the concerned Authority to the full extent any amount which the concerned Authority

may be required to pay to any person in connection with, relating to or concerning the

sanctioning of the basement or the making thereof.

5. The owner further agrees and undertakes that this bond shall remain in full force and

effect till the executant faithfully observes/performs the undertaking herein before

contained.

In witness whereof the executant above named has signed this bond on this ……………..day of

…………………..at…………………………………………

Indemnifier

Witness:

(Signatures)……………………………

1. Name………………………………………

Full Address……………………………….

(Signatures)……………………………….

2. Name………………………………………

Full Address……………………………….

LADAKH GAZETTE : EXTRAORDINARY 180

Annexure “C”

Categories of Materials of storage for Warehouses as per combustion risk

A. Noncombustible materials:

Articles (which are Non- Combustible, Non -Flammable, Non-Corrosive, Non -toxic, Non-

poisonous, Non-Explosive) such as Cement, brick, mortar, hardware items, metals in solid

bar/metal goods (excluding those having melting point below 1000° C)

B. Combustible Materials in following 4 sub-categories:

LADAKH GAZETTE : EXTRAORDINARY 182

Annexure “D”

Empanelment of Competent professional

1. Definition: In these rules, unless the context otherwise requires:

a) “Act” – the Act of the concerned Authority

b) “Empanelled Architect” – A person empaneled by the Authority as per rules under

these bye-laws as authorized person to sanction building plans of residential

buildings up to 15 mt. in height and for plot size up to 500sqm, forming part of an

approved lay-out plan and for other buildings as authorized in section 3.118 of the

Bye-laws.

c) “Person Authorized” –A qualified person or group of technical personnel such as an

Architect, Structural Engineer, or other specialists who have been enrolled or

licensed by the Authority to carry out various types of building permission-related

works like landscaping, plumbing, electrical layouts, energy modelling etc.

d) “Sanctioned Building Plan” means a building plan of a building/premises to be

constructed on a plot and approved by the Competent Authority in accordance with

the provisions of Master Plan/Zonal development plan and Building Bye-laws.

e) “Fee” means a fee to be charged by the Authority for sanction of building plans.

(Design and consultations fees agreed between the architect and his/her client is

independent of this ‘Fee’)

For the empanelment, the qualified Competent Professional shall submit list of projects handled

with proof and credentials along with recommendations from the highest competent body of the

profession.

2. Authority should obtain security deposit/professional indemnity bond and professional liability

insurance from empaneled Architects as decided in value from time-to-time.

3. The empanelment of an Architect shall be for a period of two years and can be extended

from time to time subject to review by the Authority at the end of every two years.

LADAKH GAZETTE : EXTRAORDINARY 183

4. The Competent Professional shall be empowered to sanction building plans of residential

buildings up to 15 mt. height and for plot size up to 500sqmt, forming part of approved

layout plan. And for other buildings the criteria of empanelment shall be as per section

13.5 of the Bye-laws.

5. In respect of sanction of building plans of Government buildings, the plans shall be

sanctioned by the Chief of the concerned Department of the Administration, provided it

conform to Master Plan/Zonal Development Plan, approved layout plan and Building Bye-

laws.

“No legal responsibility is accepted for the contents of publication of advertisements/publications in this part of The

Ladakh Gazette. Persons notifying the advertisements/public notices will remain solely responsible for the legal

consequences and also for any other misrepresentation etc.”

MICHAEL

MANNY

DSOUZA

Digitally signed by

MICHAEL MANNY

DSOUZA

Date: 2024.11.19

16:16:29 +05'30'