Full Text
REGD. No. D. L.-33004/99
The Gazette of India
CG-DL-E-22082026-275677
EXTRAORDINARY
PART II-Section 4
PUBLISHED BY AUTHORITY
No. 27]
NEW DELHI, THURSDAY, JULY 30, 2026/SHRAVAN 8, 1948
MINISTRY OF DEFENCE
NOTIFICATION
New Delhi, the 30th July, 2026
S.R.O. 27(E).—The following draft of the Jutogh Cantonment Building Bye-laws,
2026, which the Cantonment Board proposes to issue in exercise of the powers conferred
by section 251 of the Cantonments Act, 2006 and in supersession of Home Department
Military, notification number 9219 dated the 27th March, 1933, except as respects things
done or omitted to be done before such supersession, is hereby published for the
information of the public likely to be affected thereby; and notice is hereby given that the
said draft Bye-laws shall be taken into consideration on or after the expiry of a period of
thirty days from the date on which copies of the Gazette of India containing the Bye-laws
are made available to the Public; and the said draft Bye-Laws is also available at the office
of the Cantonment Board, Jutogh and on the website Jutogh.cantt.gov.in.
Any person interested in making any objections or suggestions on the proposals
contained in the draft Bye-laws may forward the same in writing, for consideration of the
Cantonment Board within the period so specified to the Cantonment Board, Jutogh or at
e-mail address: [email protected].
The Draft of the Jutogh Cantonment Building Bye-Laws, 2026
CHAPTER I
GENERAL
1. SHORT TITLE, EXTENT AND COMMENCEMENT. (1) These Bye-Laws shall be
called the Jutogh Cantonment Building Bye-Laws, 2026.
(2) These Bye-Laws shall apply to the whole area of Jutogh Cantonment except Govt.
building situated within the area of Jutogh Cantonment.
(3) These shall come into force on the date of final publication in the Official Gazette
by the Central Government.
2. DEFINITIONS: In these Bye-Laws, unless the context otherwise requires:
(1) "Access" means a clear approach to a plot or a building;
(2) "Accessory Building" means a building separate from the main building on a
plot and containing one or more rooms for accessory use such as servant quarters,
garage, storerooms etc;
(3) "Act" means the Cantonments Act, 2006 as amended from time to time;
(4) "Addition to a building" means addition to the cubic contents of a building;
(5) "Air-Conditioning" means the process of treating air so as to control
simultaneously its temperature, humidity, cleanliness and distribution to meet the
requirement of conditioned space;
(6) "Alteration of a building" means, -
(a) The sub-division of any room in such building so as to convert the same
into two or more separate rooms, or
(b) The change in two or more rooms in such building which increases or
diminishes the cubic content of any room or rooms.
(c) The conversion of any passage or space in such building into a room or
rooms;
(7) "Apartment" means whether called block, chamber, dwelling unit, flat, office,
showroom, shop, godown, premises, suite, tenement, unit or by any other name,
means separate and self-contained part of any immovable property, including one
or more rooms or enclosed spaces, located on one or more floors or any part
thereof, in a building or on a plot of land, used or intended to be used for any
residential or commercial use such as residence, office, shop, showroom or
godown or for carrying on any business, occupation, profession or trade, or for
any other type of use ancillary to the purpose specified;
(8) "Appendix" means an appendix to these Bye-Laws;
(9) "Application" means an application made in such a form as may be specified by
the authority from time to time;
(10) "Applicant" means a person who has legally valid occupancy rights on leased or
old grant or private land and intends to erect/re-erect a building or to make any
addition/alteration in the building;
(11) "Approved" means approval granted by the Competent Authority as prescribed
under the Act;
(12) "Architect" means any person who holds a valid registration with the Council of
Architecture, India as per the provisions of the Architects Act, 1972;
(13) "Architectural Projection" means a chajja, cornice etc., which is a protrusion
from the building facade or line of the building only for aesthetic purpose and not
used for any habitable purpose;
(14) "Atrium" means a sky lighted and naturally/mechanically ventilated area in a
building with no intermediate floors and used as circulation space or entrance
foyer;
(15) "Attic" means a space or room just below the pitched roof of a building. It is
usually located above the ceiling of the top floor and within the sloping roof;
(16) "Balcony" means a horizontal projection including a handrail, balustrade or a
parapet to serve as sitting out place;
(17) "Barrier free" means a barrier free environment which enables people with
disabilities to move safely and freely and to use the facilities within the built
environment;
(18) “Barsati” means a shed or covered space, which is not enclosed on all sides,
used for shelter on the roof or a building.
(19) "Basement" means the lowest storey of a building below or partly below ground
level or adjoining ground level;
(20) "Board" shall mean a Cantonment Board constituted under the Cantonments Act,
2006;
(21) "Building" means a house, outhouse, stable, latrine, shed, hut or other roofed
structure whether of masonry, brick, wood, mud, metal or other material, and any
part thereof, and includes a well and a wall other than a boundary wall but does
not include a tent or other portable and temporary shelter;
(22) "Building Height" means the vertical distance measured in the case of flat roof
from the average level of the centre line of the adjoining street to the highest
points of the building adjacent to the street wall; in the case of pitched roofs up
to the point where the external surface of the outer wall intersects the finished
surface of the sloping roof; and in the case of gable facing the road, the midpoint
between the caves level and the ridge. Architectural features, chimneys, water
tanks and other ornamental features which are not intended for human habitation
and serving no other function except that of decoration shall be excluded for the
purpose of taking heights, and if the building does not abut on a street, the height
shall be measured above the average level of the ground around and contiguous
to the building;
(23) "Building Line" means the line up to which the plinth of a building adjoining on
a street or on an extension of a street or on a future street may lawfully extend
and includes the line prescribed, if any, in any scheme;
(24) "Building Envelope" means the horizontal spatial limits up to which a building
may be permitted to be constructed on a plot which shall not exceed the clear
setbacks as prescribed in the Bye-Laws;
(25) "Built up Area" means the area covered by a building on all floors including
cantilevered portion, mezzanine floors, if any, but excluding the areas specifically
exempted from computation of Floor Space Index (F.S.I) under these Regulations;
(26) "Bungalow area" means area outside notified civil area with old grant/ leasehold
bungalows;
(27) "Butchery” means a slaughterhouse where animals (sheep and goats) are
slaughtered under the supervision of competent Authority.
(28) "Cabin" means a non-residential enclosure constructed of non-load bearing, non-
masonry partitions;
(29) "Chajja" means a sloping or horizontal structural overhang usually provided over
openings on external walls to provide protection from sun and rain and for purpose
of architectural appearance;
(30) "Canopy" means an overhead roof or else a structure over which a fabric or metal
covering is attached, able to provide shade or shelter from weather conditions
such as sun, hail, snow and rain. A canopy can also be a tent, generally without a
floor;
(31) "Competent Authority" means the authority to sanction the building plan as
prescribed under Chapter 10 of the Cantonments Act, 2006;
(32) "Commercial Building" means a building used or constructed or adapted to be
used for the whole or substantial part of building for commercial purposes;
(33) "Ceiling Height" means vertical distance between the finished floor and the
ceiling;
(34) "Central Government" for the purposes of these Bye-Laws means the
Government of the Union in the Ministry of Defence;
(35) "Chimney" means an upright shaft containing and encasing one or more flues;
(36) “Civil Area" means an area declared to be a civil area by the Central Government
under Sub-section (1) of section 46 of the Act.
(37) "Civil Engineer” means any person who is a graduate of civil engineering from
a recognized Indian or foreign university duly approved by Govt. of India or is a
member of Civil Engineering Division of the Institution of Engineers (India) and is
competent to carry out supervision of building works as per approved drawings
and design;
(38) "Corner Plot or Site" means a plot or site at the junction of and fronting on two
or more intersecting streets;
(39) "Combustible Material" means any material if it burns or adds heat to a fire
when tested for combustibility in accordance with good practice;
(40) "Courtyard" means a space open to the sky enclosed or partially enclosed, by
walls or by railing and shall be at ground floor level;
(41) "Cupboard” means a space used for storage of household goods/dress having
shelves/ partitions not more than 1500 millimetres apart;
(42) "Covered Area” means ground area covered by the building immediately above
plinth level, but does not include the space covered by the following:
(a) Garden, rockery, well and well structure, plant nursery, water pool,
swimming pool (if uncovered), platform around a tree, water tank, fountain,
bench with open top and unenclosed sides and the like;
(b) Drainage, culvert, conduit, catch pit, gully pit, chamber, gutter, septic tank,
soakage pit and the like;
(c) Compound wall, gate, canopy, uncovered staircases, areas covered by
sunshade and the like;
(43) "Damp Proof Course” A course consisting of appropriate waterproofing material
provided to prevent penetration of dampness or moisture from any part of the
ground to the structure or from one part of the structure to any other part of it;
(44) "Drain" means a line of pipes including all fittings and equipment such as
manholes, inspection chambers, traps, gully traps and floor traps, used for the
drainage of a building, or a number of buildings, or yards appurtenant to buildings,
within the same curtilage. Drain shall also include open channels used for
conveying surface water;
(45) "Drainage" means the removal of any liquid by a system constructed for this
purpose;
(46) "Dwelling Unit/ Tenement" means an independent housing unit with separate
facilities for living, cooking and sanitation needs;
(47) “Demolished” means total dismantling of an existing building;
(48) "Equivalent Car Space (ECS)" means the space occupied by the vehicle as well
as the minimum space needed to move it into and out of the space and one
equivalent car space is as defined in National Building Code, as amended from
time to time;
(49) "Existing Building or Use" means a building, structure or its use as sanctioned
or deemed to have been sanctioned by the Competent Authority, existing before
the commencement of the Bye-Laws;
(50) "Exit" means a passage, or means of egress from any buildings, storey or floor
area to a street or any other open space of safety.
(a) Vertical exit: It is a means of exit used for ascending or descending
between two or more levels including stairways, ramps and fire escapes.
(b) Horizontal exit: It is a protected opening through or around a fire-
resistant wall or bridge connecting two buildings.
(c) Outside exit: It is an exit from the building to a public way or to an open
area leading to a public way or an enclosed fire-resistant passage leading
to a public way;
(51) "Enclosed Staircase" means a staircase separated by fire resistant walls and
doors from the rest of the buildings;
(52) "External Wall" means an outer wall of a building not being a partition wall, even
though adjoining to a wall of another building and also means, a wall abutting on
an interior open space of any building;
(53) "Floor" means the lower surface in a storey on which one normally walks in a
building. The general term, floor, unless otherwise specifically mentioned, shall not
refer to a mezzanine floor. Sequential numbering of floor shall be determined by
its relation to the determining entrance level. For floors at or wholly above ground
level the lowest floor in the building with direct entrance from the road/street to
be termed as Ground Floor. Other floors above ground floor shall be numbered in
sequence as Floor 1, Floor 2, with numbers increasing upwards;
(54) "Floor Area Ratio" or "FAR" means the quotient obtained by dividing the multiple
of the total of the covered area on all floors and hundred by the area of the plot
i.e.
FAR = Total covered area of all floors x 100
Plot area
(55) "Floor Space Index" or "FSI" means the quotient obtained by dividing the total
of the covered area on all floors by the area of the plot i.e.
FSI = Total covered area of all floors
Plot area
(56) "Flue" means a confined space provided for the conveyance to the outer air of
any product of combustion resulting from the operation of any heat producing
appliance or equipment employing solid, liquid or gaseous fuel;
(57) "Footing" means off set portions at the base of a foundation to provide a greater
bearing area;
(58) "Foundation" means that part of the structure which is below the lowermost floor
and which provides support for the superstructure and which transmits loads of
the superstructure to the ground;
(59) "Frontage" means the measurement of the side of any site abutting the road;
(60) "Front Open Space/Margin/Setback" means the distance between the
boundary line of plot abutting the means of access/road/street and the building
line. In case of plots facing two or more means of access, roads/ streets, the plot
shall be deemed to front on all such means of accesses/roads/streets;
(61) "Ground Coverage" means the quotient obtained in terms of percentage by
dividing the plinth areas of Ground Floor by plot area i.e.
Ground coverage = Plinth area of ground floor x 100
Plot Area
(62) "Gallery" means an intermediate floor or platform projecting from a wall of an
auditorium or hall providing extra floor, additional seating accommodation etc.;
(63) "Garage Private" means a building designed or used for the parking of a motor
car or other vehicles;
(64) "Ground Level" means the finishing surface after formation cutting of the site
from where erection of the building starts;
(65) "Group Housing" means housing of more than one dwelling unit, where land is
owned jointly as in the case of cooperative societies or public agencies such as
Local Authorities or Housing Boards or property developers etc. and the
construction is undertaken by one agency but shall not include properties which
are co-owned by family members;
(66) "Habitable Room" means a room occupied or designed for occupancy by one or
more persons for study, living, sleeping, eating, kitchen if it is part of living room
but does not includes bathroom, water closet compartments, laundries, serving
and storage pantries, corridors, cellars, attics and other spaces that are not used
frequently or during an extended period;
(67) "Height of a Room" means the vertical distance measured from the finished
floor surface to the finished ceiling/slab surface;
(68) "Internal Wall" means all partition walls in the interior of a building excluding
walls which abut exterior or interior open spaces; internal walls when made of
bricks shall be a minimum of 115 millimetres brickwork in suitable mortar; other
non-load bearing partitions shall be of suitable thickness;
(69) "Loft" means an intermediate floor in between two main floors but not more than
1500 millimetres in height which may be adopted or constructed for storage
purpose;
(70) "Marginal Distance /Side and Rear Marginal Open Space" means a
minimum distance required to be left open to sky between the boundary of the
building plot and the building line on respective sides;
(71) "Masonry" means the form of construction composed of brick, stone, tile,
concrete blocks, gypsum or other similar building material units or combination of
these material units laid up, bonded together and set in mortar;
(72) "Mezzanine Floor" means an intermediate floor between two floor levels above
ground floor and at least one side of it should form an integral part of space/floor
below;
(73) "Mumty" means a structure with a covering roof over a staircase and its landing
built to enclose only the stairs for the purpose of providing protection from weather
and not meant for human habitation;
(74) "Material Alteration" means a change of use in building materials in any existing
building;
(75) "Non-Combustible" means a material which does not burn or add heat to a fire
when tested for combustibility in accordance with good practice;
(76) "Occupancy" means the function or use of the building;
(77) "Public Building" means a building used or intended to be used either ordinarily
or occasionally, as a church, temple, mosque or any other place of public worship,
Dharamshala, college/school, hostel, theatre, cinema, public concert room, lecture
room, library, orphanage, or rescue home or any other place of public assembly;
(78) "Parapet" means a low wall built along the edge of a roof or a floor not more
than 1500 millimetres in height;
(79) "Parking Space" means an area enclosed or unenclosed sufficient in size to park
a vehicle together with a drive-way connecting the parking space with a street or
alley and provided for ingress and egress of the vehicles;
(80) "Partition” means an interior non-load bearing wall, one storey or part storey in
height;
(81) "Pavilion” means a flexible architectural open space that invites people to come
in and spend time in it. It could be temporary or permanent and might even change
its form and function. A pavilion might be used as a shelter, seating, meeting point,
cafe, theatre, or for lectures, events, exhibitions, sports, play, relaxation and work
etc.;
(82) "Pillar" means a wood, stone, brick, RCC or a metal pillar and includes all columns
or upright post or support, stanchions (steel structures) and an assemblage of
columns of stanchions properly riveted or welded or bolted together;
(83) "Plinth" means the portion of a structure between the surface of the surrounding
ground and surface of the floor, immediately above the ground;
(84) "Porch or Portico" means covered surface supported on pillars or otherwise for
the purpose of pedestrian or vehicular approach to a building;
(85) "Public Garage" means a building or portion thereof designed other than a
private garage, operated for gains, designed or used for repairing, servicing,
hiring, selling or storing motor driven or other vehicles;
(86) "Residential Building" means a building used or constructed or adapted to be
used wholly for human habitation;
(87) "Residential cum Commercial Building" means a building where part of the
building is used or constructed or intended to be used for human habitation with
remaining part used or constructed or intended to be used for commercial purpose;
(88) "Repairs" means and includes the following activities, which do not otherwise
violate any provisions regarding general building requirements, structural stability
and fire safety requirements of these Bye-Laws:
(a) Erection, Re-erection, Addition to, or Alteration of
(i) an internal partition wall which does not involve sub-division
of property, or
(ii) a parapet wall or a cornice or chajja within the boundaries of
the permissible setbacks & ground coverage area of the site.
Provided that the total height of the parapet wall shall not be
more than 1500 millimetres and width of the cornice or chajja
shall not be more than 750 millimetres;
(b) Repairing of a staircase;
(c) Whitewashing or painting;
(d) Re-flooring of the surface of an existing floor;
(e) Minor repairs and recasting of an existing damaged roof without
changing the character and dimensions of such roof;
(f) Erection of a false ceiling in any floor for air-conditioning, lighting or
decorative purposes;
(g) Plastering and Patch work;
(h) Providing or closing an internal door or window or a ventilator not
opening directly opposite a door or a window of another building;
(i) Replacing of fallen bricks or stones;
(j) Repairing or renewing existing plumbing, sanitary and other utility
services;
(k) Repairing of boundary wall;
(1) Installation of air conditioner/ water tank/ solar plants/ solar water
heater.... etc.;
(89) "Storey" means the portion of a building included between the surface of any
floor and the surface of the floor next above it, or if there be no floor above
it, then the space between any floor and the ceiling next above it;
(90) "Street" includes anyway, road, lane, square, court, alley or passage in a
Cantonment, whether a thoroughfare or not and whether built upon or not,
over which the public have a right of way and also the road way or foot-way
over any bridge or cause way;
(91) "Set Back Line" means a line usually parallel with the center line of the road
or street and laid down in each case by the Board beyond which nothing can
be constructed towards the road or street;
(92) "Site or Plot" means a parcel/ piece of land enclosed by definite boundaries;
(93) "Smoke Pipe" means a flue approximately horizontal, made of metal or other
material in which smoke or the products of combustion are conducted from a
furnace to a chimney;
(94) "Store or Shop" shall mean any store or shop in which it is not intended that
any person shall reside;
(95) "Structural Engineer" means a person who is a graduate of civil engineering
from a recognized Indian or Foreign university duly approved by Government
of India or is a member of Civil Engineering Division of the Institution of
Engineers (India) with experience in structural engineering practice which
includes structural design and field work;
(96) "Sanctioned Plan" means the set of plans and specifications submitted
under section 235 of the Cantonments Act, 2006 under the Bye-Laws and
regulations in connection with a building and duly sanctioned by the Authority
under section 234/237/238 of the Cantonments Act, 2006;
(97) "Sunshade" means a sloping or horizontal structural overhang usually
provided over openings on an external wall to provide protection from sun and
rain;
(98) "Swimming Pool" means a wading pool, paddling pool or simply a pool in
container filled with water intended for swimming or water based recreation
The pool can be built either above or in the ground and from materials such
as concrete, metal plastic or fiber glass.
(99) "To Abut" means to be positioned juxtaposed to a road, lane, open space,
building etc.;
(100) "To erect or Re-erect" means
(a) To erect a new building on any site whether previously built upon or not;
(b) To re-erect any building of which portions have been pulled down, burnt or
destroyed, damaged by storm, rains, fire, earthquake or any other natural
calamity to the same extent, and similar specifications as existing prior to
damage;
(c) Conversion from one occupancy to another;
(d) To carry out alterations;
(e) To add to a storey/storeys;
(101) "Total Floor Area" means the area of all floors of the building including
habitable, basement and mezzanine floor;
(102) "Travel distance” means the distance an occupant has to travel to reach the
exit;
(103) "Verandah" means a covered area with at least one side open to the outside;
(104) "Water Closet" means a privy with arrangements for flushing the pan with water
but does not include bathroom;
(105) "Water Course" means a natural channel meant for carrying storm water and
includes an artificial one formed by training or diversion of a natural channel,
(i) "Major Water Course" means a river.
(ii) "Minor Water Course" means a nallah.
(106) "Window" means an opening to the outside other than a door which provides all
or part of the required natural light, ventilation or both to an interior space
and not used as a means of ingress/ egress;
(107) "Workshop" means a room or a group of rooms or building in which goods
are manufactured or repaired;
(108) "Warehouse" means a building, the whole or a substantial part of which
is used or intended to be used for the storage of goods whether for keeping
or for sale or for any similar purpose, but does not include a storeroom
attached to and used for the proper functioning of a shop;
(109) "Washing Platform" means an authorized platform for washing and also
for servicing of scooters/cars etc.;
(110) Words and expressions used and not defined in these Bye-Laws but defined
in the Act shall have the same meaning as assigned to them in the Act.
CHAPTER II
PROCEDURE FOR SANCTION OF BUILDING PLANS AND RELATED
DOCUMENTATION
3. BUILDING SANCTION REQUIRED. No person shall carry out any erection, re-
erection, addition or alteration to any building or cause the same to be done
without obtaining a sanction for such work from the Competent Authority.
4. PROCEDURE FOR OBTAINING BUILDING SANCTION. (1) An applicant who
intends to erect or re-erect a building or to make addition or alteration in any
building shall register himself/ herself in the e-Chhawani portal and apply online,
duly enclosing all the requisite documents and plans, on the e-Chhawani portal
through Cantonment Board registered engineers/ architects:
Provided that due to any reasons, if it is not feasible for an applicant to apply in
the e-Chhawani portal the Board may prescribe a procedure for submission of
applications:
Provided further that the Central Government or Director General Defence Estates
may issue guidelines from time to time to the Board regarding the manner of
submitting applications for the said purpose.
(2) Only persons who have legally valid occupancy rights on leased or old grant or
private land are eligible for applying for sanction of building plan. In cases wherein
breach of lease conditions on leased land or breach of old grant terms in old grant
land are involved, the Board shall have the right to refuse or reject applications for
erections, re-erection or addition/ alteration till the breach of lease or old grant
conditions is regularized or condoned.
(3) On scrutiny of the documents and plans submitted, the applicant receives the
development charges communication (or the charges levied by the Board by
whatever name these are known) for payment to the Cantonment Board.
(4) On deposition of development charges (or the charges levied by the Board by
whatever name these are known), the sanction is conveyed within the prescribed
timelines.
5. BUILDING APPLICATION FEES AND APPLICABLE CHARGES. (1) Building
Application Fees. The building plan application shall be deemed valid only if the
applicant has paid the requisite building application fee as determined by the
Board.
(2) Development Charges. The development charges, labour cess and other fees,
as determined by the Board, are to be paid by the applicant through online before
issuance of the sanction of the building application by the competent authority.
(3) Incentive in development charges if Rooftop Solar Installation and
Rainwater Harvesting is proposed and implemented. For construction of
residential or commercial or any building less than 250 square metres, if the
applicant opts for Rooftop Solar Installation and/ or Rainwater Harvesting, he/she
shall be eligible for refund of development charges after the completion of said
Rooftop solar installation and/ or Rainwater Harvesting facility and submission of
photographs to this effect. The quantum of incentive for different categories of
building shall be decided by the Board by resolution.
(4) Stacking of building material on street or other public land shall not take place
without the permission of the Chief Executive Officer on a case to case basis and
on payment of charges as fixed by the Chief Executive Officer in terms of section
257 of the Act.
6. DOCUMENTS AT THE TIME OF APPLICATION. The following documents shall
be submitted online on the e-Chhawani portal at the time of submitting application
for building sanction:
(i) Proof of ownership /HOR/Lessee/Successor/legal rights document.
(ii) Affidavit and Indemnity Bond as specified by the competent authority.
(iii) Photographs of site.
(iv) Proof of identity/PAN Card/Aadhaar Card
(v) Any Other document as approved by the Competent Authority.
7. SANCTION/REFUSAL OF PLANS, VALIDITY PERIOD AND REVALIDATION
PROCEDURE. (1) In case of old grant land, the proposed building plan shall be
in conformity with the old grant terms and the land policies of Ministry of Defence.
(2) In case of leased land, the proposed building plan shall be in conformity with the
leasehold rights/ terms and the land policies of Ministry of Defence.
(3) The Competent Authority shall sanction the plan unless such building would
contravene any of the following, namely:-
(i) That the building or the use of the site for the building or any of the
particulars comprised in the site plan, ground plan, elevation, section or
specification contravenes the provisions of the Act or the Bye-Laws made
thereunder;
(ii) That the notice for sanction does not contain the particulars or is not
prepared in the manner required under the provisions of these Bye-Laws;
(iii) That any information or documents required by the Board under these Bye-
Laws has or have not been duly furnished;
(iv) That the building plan is not in accordance with the Bye-Laws framed by
the Board under section 260 or those framed under clauses (19) and (20)
of section 348 of the Act;
(v) That the building would be an encroachment on defence land or land vested
in the Cantonment Board;
(vi) That the site of the building does not abut on a street or projected street
and that there is no access to such building from any such street by a
passage or path-way appertaining to such site; or
(vii) That the erection or re-erection of the building is not in conformity with any
general scheme sanctioned under section 240 of the Act;
(viii) When the land on which it is proposed to erect or re-erect the building is
entrusted to the management of the Board by the Government if the
erection or re-erection constitutes a breach of terms of the entrustment of
management or contravenes any of the instructions issued by the
Government regarding the management of the land by the Board;
(ix) When the land on which it is proposed to erect or re-erect the building is
not held on a lease from the Government, if the right to build on such land
is in dispute between the person applying for sanction and the Govt.;
(x) That the minimum size of the plot for residential purpose is not less than
25 square metres; or
(xi) That it is mandatory to provide Rooftop Solar Installation\Rain Water
Harvesting if the size of the plot exceeds 250 square metres.
(4) The sanction once granted shall be valid for a period as provided in the Act from
the date of issue of sanction.
(5) The Building Sanction can be revalidated beyond the date of the expiry of the
original Sanction of building plans on payment of the required revalidation fees as
decided by the Board under provisions of the Act. Application for such revalidation
shall be submitted on plain paper along with the following documents:
(a) Original sanctioned plan.
(b) Revalidation fees chargeable based on the decision and guidelines issued by
Competent Authority from time to time.
(c) Documents in support of construction, if any, having been done within valid
period of sanction.
(d) Certificate of supervision from Architect/Engineer/Supervising Engineer and
the Applicant that the construction will be carried out under his supervision
according to the plans sanctioned by the Competent Authority.
(6) Minimum size of the plot shall not be less than 25 square metres provided that for
existing authorized buildings having a plot size of less than 25 square metres, the
said restriction shall not apply.
8. SCRUTINY OF BUILDING PLAN APPLICATIONS. Once the plans have been
scrutinised and objections, if any, have been communicated online, the applicant
may modify the plan, comply with the objections raised and resubmit through
online, for consideration of the competent authority.
9. REVOCATION OF SANCTIONED BUILDING PLANS AND LIABILITY OF
THE APPLICANT TO CONFORM TO BYE-LAWS. (1) The Competent Authority
may revoke any building sanction issued under the provisions of these Bye-Laws,
whenever there has been any false statement, or any misrepresentation of
material fact, or concealment of facts in the application on which the building
sanction was based, and the whole work executed on the basis of such sanction
shall be treated as unauthorized. Further, any or all executed works in cases of
deviation from the sanctioned plan shall be treated as unauthorized construction
and would lead to revocation of accorded sanction.
(2) In the case of revocation of sanction during the course of construction under above
Bye- Laws, no compensation/damages shall be payable by the Competent
Authority.
(3) No such order of revocation shall be passed by the Competent Authority without
giving a reasonable opportunity to the applicant of being heard.
10. NOTICE OF COMMENCEMENT AND COMPLETION OF WORK. (1) On the
issue of building sanction the applicant shall commence the work for which the
building sanction has been issued. The Applicant shall give notice to the Chief
Executive Officer of his intention to start work on the building site by submitting
Form D, set forth in the Appendix.
(2) On completion of the work the Applicant shall submit a Notice of Completion of
the building as per Form E, set forth in the Appendix through the
Architect/Engineer who has supervised the construction within a period of thirty
days from the date of completion of work.
11. COMPLETION-CUM-OCCUPANCY CERTIFICATE. The Chief Executive Officer
on receipt of the notice of completion shall inspect the work and issue a certificate
of occupancy within the period stipulated in the Act, as per Form F, set forth in
the Appendix, if the building has been constructed in conformity with sanction
issued.
12. COMPOSITION OF UNAUTHORIZED CONSTRUCTION. (1) The Cantonment
Board may by resolution decide a formula to calculate quantum of penalty/ fees
for regularization of unauthorized construction.
(2) Such composition of unauthorised construction shall be subject to the provisions
of the Cantonments Act, 2006, the rules subsisting there under and other
restrictions mentioned in these Bye-Laws including but not limited to FSI, Set-
backs, and Ground Coverage.
(3) In so far as constructions which are present and existing on the date of notifying
of these Bye-Laws wherein such constructions are without sanction or in violation
of approved plan including deviation, the applicants may apply to the Cantonment
Board for Compounding, which at the discretion of the Cantonment Board or GoC-
in-Chief, as applicable, may be allowed subject to payment of compounding fees
as determined by Cantonment Board or GoC-in-Chief, as applicable. This exercise
shall be undertaken subject to the Bye-Laws framed hereunder after approval of
Central Government.
CHAPTER III
ZONING
13. ZONING. (1) Jutogh Cantonment is divided into following zones for the purpose
of regulation of construction of buildings, considering and balancing the
requirement of the armed forces and general public for a decent and dignified
living: -
(a) Zone I: - This would include notified civil areas of Sadar Bazar (Sy.
No. 74) Jutogh Cantonment.
(b) Zone II: - All other land not included in Zone -I but inclusive of all
OGs and leases situated outside civil area of Jutogh Cantonment.
(2) ZONE-I. The Zone comprises all lands within the notified civil area.
(a) REQUIREMENT OF SITE. No piece of land shall be used as a site for the
construction of a building if the Competent Authority considers that the site
is insanitary or is not drained properly or is incapable of being well drained,
if the proposed construction is likely to restrict natural water channels, or if
the site is prone to landslides and is unsafe for construction.
(b) PERMISSIBLE FSI. The permissible FSI, depending on the plot size, shall
be as per table below:
Table: FSI in Zone I
+-----+-------------------------+-------+----------------+
| Sr. | Area of plot in square | FSI | Maximum |
| No. | metres. | | Ground |
| | | | Coverage |
+=====+=========================+=======+================+
| 1 | 10 up to 25 | 2.50 | 90% |
+-----+-------------------------+-------+----------------+
| 2 | Above 25 up to 100 | 2.50 | 90% |
+-----+-------------------------+-------+----------------+
| 3 | Above 100 up to 150 | 1.75 | 85% |
+-----+-------------------------+-------+----------------+
| 4 | Above 150 up to 250 | 1.75 | 80% |
+-----+-------------------------+-------+----------------+
| 5 | Above 250 up to 500 | 1.75 | 75% |
+-----+-------------------------+-------+----------------+
| 6 | Above 500 up to 1000 | 1.75 | 60% |
+-----+-------------------------+-------+----------------+
| 7 | Above 1000 | 1.75 | 50% |
+-----+-------------------------+-------+----------------+
Areas such as parking spaces, stilt, basement use for parking,
staircases, machine room etc. shall be excluded from the FSI calculation
and area as defined in Bye-Laws No. 35 shall not be included in FSI
calculation.
(c) TENEMENT DENSITY. No independent dwelling unit of less than 10
square metres can be constructed if the plot size is up to 25 square metres.
No independent dwelling unit of less than 20 square metres can be
constructed if the plot size measures between 25 to 40 square metres.
(d) BUILDING HEIGHT. Minimum and maximum height of floors in buildings
fall in this zone shall be 2.75 metres and 3.50 metres respectively measured
from the surface of the floor to the lowest point of the ceiling i.e. bottom of
slab and the total height of all buildings in all plot categories shall not be
more than 15.55 metres from ground level including height of stilt floor and
roof.
However, as per the Shimla Development Plan-2041, stilt floors are
permissible only on roads having a minimum width of 3.00 metres. Since in
Jutogh Cantonment (Zone-I) all roads are less than 3.00 metres in width,
the provision of stilt floors shall not be applicable. Accordingly, the effective
height will be restricted in Zone-I to 13.25 metres from ground level.
(e) ADDITIONAL HEIGHT RESTRICTION FOR SECURITY REASONS. In
addition to the general provisions under clause 13(2)(d) an additional height
restriction imposed on specific properties in Zone-I contiguous to A-1
Defence Land.
To preserve the natural elevation advantage and mitigate visibility risks into
A-1 Defence Land, a maximum building height of 7.5 meters from ground
level shall be applicable to all future constructions on properties directly
abutting Survey No.69 (Khyber Barracks including Parade Ground).
(f) These restrictions apply to the following properties having Survey Numbers:
74/3, 74/6, 74/7, 74/8 and 74/9 in Zone-I.
(3) MAXIMUM NUMBER OF STOREY PERMISSIBLE. The maximum
number of storey permissible in all category plots in Zone- I shall be G+2
or Stilt+3 if stilt is used for parking and does not exceed a height of 2.3
metres and at the top floor sloping roof with maximum ridge height 2.75
metre and zero at eaves shall be allowed.
ZONE-II. The Zone comprises all lands outside civil area. (inclusive of all OGBs
and leases/private/freehold situated outside civil area).
(a) REQUIREMENT OF SITE. No piece of land shall be used as a site for the
construction of a building if the Competent Authority considers that the site
is insanitary or is not drained properly or is incapable of being well drained,
if the proposed construction is likely to restrict natural water channels, or if
the site is prone to landslides and is unsafe for construction.
(b) PERMISSIBLE FSI. The permissible FSI, depending on the plot size, shall
be as per table below:
Table: FSI in Zone II
+-----+-------------------------+-------+----------------+
| Sr. | Area of plot in square | FSI | Maximum |
| No. | metres. | | Ground |
| | | | Coverage |
+=====+=========================+=======+================+
| 1 | 25 up to 100 | 1.75 | 90% |
+-----+-------------------------+-------+----------------+
| 2 | Above 100 up to 150 | 1.75 | 85% |
+-----+-------------------------+-------+----------------+
| 3 | Above 150 up to 250 | 1.75 | 80% |
+-----+-------------------------+-------+----------------+
| 4 | Above 250 up to 500 | 1.75 | 75% |
+-----+-------------------------+-------+----------------+
| 5 | Above 500 up to 1000 | 1.75 | 60% |
+-----+-------------------------+-------+----------------+
| 6 | Above 1000 | 1.75 | 50% |
+-----+-------------------------+-------+----------------+
The FSI provided in table shall be applicable to old grant/lease sites
only for the authorized built up area and as per prevailing Land Policy of
the Govt. of India, Ministry of Defence issued time to time. Area as defined
in Bye-Laws No. 35 shall not be included in FSI calculation.
Areas such as parking spaces, stilt, basement use for parking,
staircases, machine room etc. shall be excluded from the FSI calculation
except of Bungalow held on old grant and lease hold.
(c) TENEMENT DENSITY. No independent dwelling unit of less than 10
square metres can be constructed if the plot size is up to 25 square metres.
No independent dwelling unit of less than 20 square metres can be
constructed if the plot size between 25 to 40 square metres.
(d) BUILDING HEIGHT. Minimum and maximum height of floors in buildings
fall in this zone shall be 2.75 metres and 3.50 metres respectively measured
from the surface of the floor to the lowest point of the ceiling i.e. bottom of
slab and the total height of all buildings in all plot categories shall not be
more than 12.05 metres from floor level including height of the stilt and
roof.
However, as per the Shimla Development Plan-2041, stilt floors are
permissible only on roads having a minimum width of 3.00 metres. Since in
Jutogh Cantonment (Zone-II) all roads are less than 3.00 metres in width,
the provision of stilt floors shall not be applicable. Accordingly, the effective
height will be restricted in Zone-II to 9.75 metres from ground level.
(e) MAXIMUM NUMBER OF STOREY PERMISSIBLE. The maximum
number of storey permissible in all category plots in Zone- II shall be G+1.
CHAPTER IV
SPECIFICITIES WITH RESPECT TO BUILDING CONSTRUCTION
14. OPEN SPACES/SET BACKS. The building envelop shall be governed by the
following minimum clear open space and setbacks:
(1) FRONT SETBACK:
(a) Every building abutting a street/footpath shall have a front setback from
the front property line to the front building envelop or building front main
wall.
(b) External staircases in the front elevation of the building shall not be
considered in front setback calculation.
(c) Sunshades and balconies shall be within the front property line or shall be
constructed within the front set back or within the boundary wall of the
plot.
(d) In the case of school buildings, the front boundary wall shall be recessed
by 3 metres to accommodate visitor parking within setback area.
(2) SIDE AND REAR SETBACK:
(a) Every building shall have a minimum clear side and rear setback as
prescribed in these Bye-Laws. No use is permitted in this open space except
steps, staircases, rain water harvesting pits, septic tank and soak pit or in
case this space is 3.00 m wherein parking of vehicles is allowed.
(b) External staircases in the sides and rear of the building shall not be
considered in setback calculation and shall be as per the following table and
shall be constructed within the boundary wall of the plot.
(c) Sunshades and balconies shall be within the boundary wall of the plot.
The provisions for open spaces at the front, side and rear of the building shall be
as per Table below:
Table: Minimum Building Setback
+-----+-----------------------------+-------+-------+----------+----------+
| S.No. | Plot size (in | Front | Rear | Side (1) | Side |
| | square metres) | | | | (2) |
+=====+=============================+=======+=======+==========+==========+
| 1 | 10 up to 25 | 1.00 | 0 | 0 | 0 |
+-----+-----------------------------+-------+-------+----------+----------+
| 2 | Above 25 up to 100 | 1.00 | 0 | 0 | 0 |
+-----+-----------------------------+-------+-------+----------+----------+
| 3 | Above 100 up to 150 | 1.00 | 0 | 0 | 0 |
+-----+-----------------------------+-------+-------+----------+----------+
| 4 | Above 150 up to 250 | 2.00 | 1.50* | 1.50* | 1.50* |
+-----+-----------------------------+-------+-------+----------+----------+
| 5 | Above 250 up to 500 | 3.00 | 2.00 | 2.00 | 2.00 |
+-----+-----------------------------+-------+-------+----------+----------+
| 6 | Above 500 | 5.00 | 3.00 | 3.00 | 2.00 |
+-----+-----------------------------+-------+-------+----------+----------+
The above minimum building set back as mentioned in Table above shall
not be applicable in case of*Re-erections of Building involving joint or common
wall with adjacent properties and properties held on old grant/lease sites and as
per prevailing Land Policy of the Govt. of India, Ministry of Defence issued time to
time.
(3) INTERIOR OPEN SPACE – VENTILATION SHAFT: For ventilating the spaces
for bathroom and water closet, if not opening on to front, side, rear or interior
(courtyard) open spaces, these shall open on the ventilation shaft, the size of
which shall not be below values indicated in Table below:
Table: Minimum Size of Ventilation Shaft
+-----+-----------------------------+-----------------------------+-----------------------------+
| S. | Building height in | Size of shaft in | Minimum one |
| No. | metres. | square metres. | dimension in |
| | | | metres. |
+=====+=============================+=============================+=============================+
| 1 | Up to 9 | 1.5 | 1.0 |
+-----+-----------------------------+-----------------------------+-----------------------------+
| 2 | Above 9 up to 15.55 | 3.0 | 1.2 |
+-----+-----------------------------+-----------------------------+-----------------------------+
15. LANDS SITUATED IN ARCHAEOLOGICAL_ZONE: For plots falling in
Archaeological Zone, NOC from Department of Archaeological Survey of India shall
be submitted.
16. RESTRICTIONS TO HEIGHT IN THE VICINITY OF AERODROMES. For
building in the vicinity of aerodromes, the maximum height of such building shall
be decided in consultation with the Civil Aviation Authorities and in such cases,
applicant shall obtain `no-objection' from the Civil Aviation Authorities.
17. PARKING SPACE. (1) Parking provision for different types of buildings shall be
as per norms laid out by the National Building Code of India (Part 3, section 10.3)
as amended from time to time and it includes parking of all vehicles like cars,
scooter, cycles and light and heavy commercial vehicle.
(2) These parking norms shall be applicable for all new applications for building plan
sanctions.
18. PLINTH OF MAIN BUILDING._The plinth of any part of a building shall be so
located with respect to surrounding ground level that adequate drainage of the
site is assured but not at a height of less than 0.45 metres.
19. PLINTH OF INTERIOR COURTYARDS. Every interior courtyard shall be raised
at least 0.15 metres above the surrounding ground level and shall be satisfactorily
drained.
20. SIZE OF HABITABLE ROOMS. (1) No habitable room shall have an area of less
than 9.50 square metres.
(2) The minimum width of a habitable room shall be 2.40 metres.
(3) In a two-room tenement, one shall be not less than 8.0 square metres and other
7 square metres with a minimum width of 2.10 meter.
21. HEIGHT OF HABITABLE ROOM. (1) The height of all rooms for human
habitation shall not be less than 2.75 metres measured from the surface of the
floor to the lowest point of the ceiling i.e. bottom of the slab.
(2) In case of centrally air-conditioned building, height of the habitable room shall not
be less than 2.40 metres measured from the surface of the floor to the lowest
point of air conditioning duct or false ceiling.
(3) In the case of pitched roof, the average height of rooms shall not be less than
2.75 m. The minimum clear headroom under a beam, folded plates or eaves shall
be 2.40 m.
22. BATHROOMS AND WATER-CLOSETS (COMBINED). (1) Size: The minimum
size of a bathroom shall be 1.80 square metres and the minimum width of a side
shall be 1.20 metres. The minimum size of a water closet shall be 1.20 square
metres and the minimum width of a side shall be 0.90 metres. The minimum size
of a combined bathroom and water closet shall be 2.80 square metres and the
minimum width of a side shall be 1.20 metres.
(2) Height: The height of a bathroom or water closet measured from the surface of
the floor to the lowest point in the ceiling i.e. bottom of slab shall not be less than
2.20 metres.
(3) Other Requirements: A bathroom or water closet shall:
(a) be so situated that at least one of its walls shall open to external air and
shall have a minimum opening in the form of a ventilator or window of 0.20
square metres;
(b) not be directly under or above any room other than another water closet,
bathroom, washing area or terrace unless it has a watertight floor;
(c) have the platform and/or seat made of watertight non-absorbent material;
(d) be enclosed by walls/partitions whose surface is finished with a smooth
impervious material to a minimum height of 1.20 metre above the floor
level;
(e) be provided with an impervious floor finish, with floor surface sloping
towards the drain with a suitable grade and not towards any other habitable
room;
(4) No room containing water closets shall be used for any purpose except as a
lavatory and no such room shall open directly into a kitchen or cooking space by
a door, window or other opening. Every room containing water closets shall have
a door completely closing the entrance to it.
23. KITCHEN. (1) Size: The minimum area of the kitchen shall be 4.50 square metres
and the minimum width of a side shall be 1.50 metres. The minimum area of the
kitchen which is also intended to be used as dining room shall be 7.50 square
metres and the minimum width of a side shall be 2.10 metres.
(2) Height: The height of a kitchen measured from the surface of the floor to the
lowest point in the ceiling i.e. bottom of slab shall not be less than 2.75 metres.
(3) Other Requirements: Any room to be used as kitchen shall have:
(a) a height of not less than 2.75 metres;
(b) a window the size of which shall be subject to Bye-Laws No. 31 (4) opening
directly to an interior or exterior open space, but not into a shaft;
(c) unless separately provided for in a pantry, means for the washing up of
kitchen utensils which shall laid directly or through a sink to a grated and
trapped connection to the waste pipe;
(d) be enclosed by walls/partitions whose surface is finished with a smooth
impervious material to a minimum height of 1.20 metre above the floor
level;
(e) be provided with an impervious floor finish; with floor surface sloping
towards the drain with a suitable grade and not towards any other habitable
room;
24. PANTRIES. Pantries shall have,-
(1) a floor area of not less than 3.0 square metres and a minimum width of a side
shall be 1.40 metres;
(2) a sink for cleansing of kitchen's utensils which shall drain through a grated and
trapped connection to the waste pipe.
(3) been enclosed by walls/partitions whose surface is finished with a smooth
impervious material to a minimum height of 1.20 metre above the floor level.
(4) been provided with an impervious floor finish, with floor surface sloping towards
the drain with a suitable grade and not towards any other habitable room.
25. LOFT. (1) The maximum height of a loft shall be 1.50 metres and the loft may be
provided over corridors and passageways only.
(2) The clear head room under the loft shall not be less than 2.20 metres,
(3) Loft when provided in a commercial building, shall be located 2.0 metres away
from the entrance;
26. MEZZANINE FLOOR. (1) Size: Mezzanines shall not be sanctioned in residential
buildings. When provided in commercial buildings, the aggregate area of the
mezzanine floor shall not exceed 30% of the built-up area of that floor.
(2) Height: The minimum height of a mezzanine floor shall be 2.20 metres. The head
room under mezzanine floor shall not be less than 2.40 metres.
(3) Other Requirements: A mezzanine floor may be sanctioned over a room or a
Compartment provided that:
(a) In mezzanine floor, rooms and any structure constructed with closed roof
and side walls for any purpose shall be included in FSI but in case the
mezzanine floor is constructed for interior architectural decorative purpose
and other passage purposes with adequate handrails shall not be counted
in FSI.
(b) In case the size of mezzanine floor is 8.0 square metres or more, it should
conform to the standard of living room in so far as lighting and ventilation
is concerned.
(c) It is so constructed as not to interfere under any circumstances with the
ventilation of the space over and under it;
(d) Such mezzanine floor or any part of it shall not be used as a Kitchen.
(e) In no case shall a mezzanine floor be closed so as to make it liable to be
converted into unventilated compartments.
27. GARAGE. (1) Individual private garage: The size of a private garage in
residential building shall be not less than 3.0 metres x 6.0 metres.
(2) Commercial/Public Garage: The size of a public garage shall be calculated
based on the number of vehicles to be parked and the minimum parking space is
as specified in Bye- Laws No. 17.
(3) Height: The maximum head room in a garage and parking area shall be 4.0
metres.
(4) The plinth of a garage located at ground level shall not be less than 0.15 metres
above the surrounding ground level.
(5) The garage shall be set back behind the building line for the street/road on to
which plot abuts, and shall not be so located to affect the access ways to the
building.
(6) Corner site: When the site fronts on two streets, the frontage would be as on
the street having the larger width. In cases where the two streets are of the same
width, then the larger depth of the site will decide the frontage and open spaces.
In such cases the location of a garage if provided within the open spaces shall be
located diagonally opposite the point of intersections.
28. ROOF: (1) The roof of a building shall be so constructed or formed as to ensure
effectual drainage of the rainwater there from by means of sufficient rain water
pipes of adequate size, whenever required so arranged, joined and fixed as to
ensure that the rain water is carried away from the building without causing
damage in any part of the walls or foundation of the said building or those of an
adjacent building.
(2) Rainwater from roofs and open areas on the plot shall be collected by suitable
means to recharge pits and other devices. In this context reference may be made
to Part 9 Plumbing Services section 1: Water Supply, Drainage and Sanitation of
the National Building Code of India as amended from time to time.
(3) Rainwater pipes shall be affixed to the outside of the walls of the building or in
recesses or chases out or formed in such walls or in such other manner as may be
approved by the Competent Authority.
(4) Terrace of buildings shall not be subdivided and it shall have a common access.
(5) The roof of the building shall be designed as a sloping roof. This design ensures
effective water drainage, minimizes the risk of snow accumulation, and maintains
the structural integrity of the building during seasonal rainfall or snowfall. The
maximum height of the roof at the center shall not exceed 2.75 meters, and the
slope shall be between 30° and 45° to optimize water runoff and snow shedding.
Additionally, up to one-third of the roof area may be kept open to the sky, allowing
for ventilation and natural light. The roofing materials shall include clay tiles,
cement tiles, galvanized iron sheets, stone slates, or reinforced concrete, all of
which are suitable for the local climate and weather conditions. The roof design
shall incorporate adequate gutters and downspouts to direct rainwater away from
the foundation, ensuring no water accumulation on the roof.
29. BASEMENTS: (1) Basements may be erected within the prescribed setbacks and
prescribed building lines and subject to maximum coverage on ground floor. The
maximum number of basement floors to be allowed is one.
(2) Basements shall not be used for residential purposes and to be constructed within
the building envelope and subject to maximum coverage on floor 1 (entrance floor)
and used only for:
(a) storage of household or other goods except inflammable materials;
(b) strong room, bank cellars etc.;
(c) air-conditioning equipment and other machines used for services and
utilities of the building;
(d) parking spaces.
(3) Basements shall have the following requirements, namely:-
(a) Every basement shall be in every part at least 2.40 metres in height from
the floor to the underside of the slab or ceiling.
(b) Adequate ventilation shall be provided for the basement. The standards of
ventilation shall be the same as required by the particular occupancy
according to Bye-Laws. Any deficiency may be met by providing adequate
mechanical ventilation in the form of blowers or exhaust fans at the rate of
one exhaust fan for 50 square metres floor area.
(c) The minimum height of the ceiling of any basement shall be 0.90 metres
and the maximum 1.20 metres above the average surrounding ground level.
(d) Adequate arrangement shall be made so that surface drainage or drainage
water does not enter the basement.
(e) The basement shall not be partitioned.
(f) Adequate protection against the fire shall be provided. The roofs separating
basement and floors above shall be constructed of a material like R.C.C. or
of such material which will provide resistance against fire for at least two
hours.
(g) Where a basement is sanctioned in apartment houses (residential flats) and
hotels, the Applicant/ Occupier shall display the basement plan at the
entrance. Thimbles shall be provided in the roof of the basement and their
positions clearly indicated on the plan. One fire extinguisher for every 100
square metres of basement area or part thereof shall be provided.
(h) The walls and floors of the basement shall be water-tight and so designed
that the effect of surrounding soil moisture, if any, are taken into
consideration and adequate damp proofing treatment is given.
(i) In the event of atmospheric water percolating into basement necessary
arrangement to drain out the same shall be provided.
(j) Kitchen, bath and water closet shall not be sanctioned in the basement
unless the sewer levels allow the same and there is no chance of backflow
and flooding of sewage. If sanctioned they shall be placed against the
external walls of the basement (which shall also be the external walls of the
building) and shall be adequately lighted and ventilated. The area of such
kitchens and baths shall be counted in the FSI. Only one water-closet
provided in the basement shall be excluded from the FSI calculations.
(k) A kitchen when sanctioned in the basement shall be equipped with electric
ovens, stoves, gas only. No coke or fire wood will be used.
(1) The access to the basement shall be separate from the main and alternate
staircase providing access and exit from higher floors. Where the staircase
is continuous the same shall be enclosed type serving as a fire separation
from the basement floor and higher floors. Open ramps shall be sanctioned
if they are constructed within the building line subject to suitable drainage
provision.
(m) In case of basements of office and commercial occupancy, sufficient
number of exit ways and access ways shall be provided as per norms stated
in the National Building Code of India.
30. CHIMNEYS. (1) Chimneys, where provided shall conform to the requirements of
I.S 1645-1960 Indian Standards Code of practice for fire safety of building
(General) chimneys, Flues, Flue pipes and Hearths.
(2) The chimneys shall be built at least 0.90 metres above the top of the roof provided
the top chimney shall not be below the tops of adjacent parapet wall. In the case
of sloping roof, the chimney top shall not be less than 0.60 metres above the ridge
of the roof in which the chimney penetrates.
31. LIGHTING AND VENTILATION OF THE ROOMS. (1) 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 2.5 metres in case of buildings not
more than 17.50 metres in height and subject to the provision of increasing the
same with increasing height of 0.20 metres per every meter height or part thereof
beyond 17.50 metres. However, in case of buildings already constructed with 2.50
metres the open space for new construction on upper floor, the open space on
this basis shall be ensured and would remain as mandatory open space.
(2) Where the lighting and ventilation requirements are not met through daylight and
natural ventilation, the same shall be ensured through artificial lighting and
mechanical ventilation as per part VIII Building Services section 1 Lighting and
Ventilation of National Building Code of India, 2016 as amended from time to time
published by the Indian Standard Institution. The latest version of the National
Building Code of India, 2016 shall be considered at the time of enforcement of
these Bye-Laws.
(3) The minimum aggregate area of opening of habitable room excluding doors and
fixed glazing but including the frame shall be not less than 1/8th of floor area of
the room.
(4) The minimum aggregate area of opening of kitchens excluding doors and fixed
glazing but including the frame shall be not less than 1/6th of floor area of the
kitchen.
(5) No portion of a room shall be assumed to be lighted if it is more than 7.50 metres
from the opening assumed for lighting of that portion of the room.
(6) In lodges and hotels where attached toilets whose walls are not abutting on an
external wall are provided, mechanical ventilation system should be installed as
per the provisions of the part VIII of National Building Code of India, 2016 as
amended from time to time published by the Indian Standard Institution.
32. PARAPETS. Parapet walls and hand rails provided on the edges of roof terrace,
balcony, etc. shall not be less than 1.00 metres and not more than 1.50 metres in
height. The specified height shall not apply when roof terrace is not accessible by
a staircase.
33. BOUNDARY WALL. (1) Except with the permission of Chief Executive Officer,
under section 261 of the Cantonments Act, 2006 boundary walls, hedges, fences
on any land in the Cantonment shall not be erected and the maximum height of
the boundary wall shall not exceed 2.4 metres above the centerline of the street.
34. EXIT REQUIREMENTS. (1) General requirements:
(a) Every building meant for human occupancy shall be provided with exits
sufficient to provide for safe escape occupants in case of fire or other
emergency.
(b) In every building, exit shall comply with the minimum requirement of this
part, except those not accessible for general public use.
(c) All exits shall be free of obstructions.
(d) No building shall be altered so as to reduce the number, width or protection
of exits to less than that required.
(e) Exits shall be clearly visible and the routes to reach the exit shall be clearly
marked and sign posted to guide the population of floor concerned.
(f) All exit ways shall be properly illuminated.
(g) Firefighting equipment where provided along exits shall be suitably located
and clearly marked but must not obstruct the exit way and yet there should
be clear indication about its location from either side of the exit way.
(h) Alarm devices shall be installed to ensure prompt evacuation of the
population concerned though the exits, wherever required.
(i) All exits shall provide continuous means of egress to the exterior of a
building or to an exterior open space leading to a street.
(j) Exits shall be so arranged that they may be reached without passing
through another occupied unit, except in the case of residential buildings.
(2) Types of Exits. (a) Exits shall be either of horizontal or vertical type. An exit
may be doorway, corridor passageways, ramp, internal staircase or external
staircase, to an internal or external open area, verandah and/or terraces which
have access to the street or to roof of a building.
(b) An exit may also include a horizontal exit leading to an adjoining building
at the same level; and
(c) Lifts, escalators and revolving doors shall not be considered as exits.
(3) Number and Size of Exits: The requisite number and size of various exits shall
be provided, based on the population in each room, area and floor based on the
occupant load, capacity of exits, travel distance and height of buildings.
(a) Arrangement of Exits: Exits shall be so located so the travel distance on
the floor shall not exceed 22.50 m for residential, educational, institutional
and hazardous occupancies and 30.0 m for assembly, business, mercantile,
industrial and storage occupancies. Whenever more than one exit is
required for a floor of a building, exits 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. The travel distance to an exit from the remote point shall
not exceed half the distance as stated above except in the case of
institutional occupancy wherein it shall not exceed 6.00 metres.
(b) Occupant Load: The population in rooms and areas of floors shall be
calculated based on the occupant load as provided in National Building Code
and amended time to time.
(c) Capacity of Exits: The capacity of exits (doors and stairways) indicating
the number of persons of that could be safely evacuated through a unit exit
width of 0.50 meter shall be as per the National Building Code amended
from time to time.
(4) Doorways. (a) Every exit doorway shall open into an enclosed stairway, a
horizontal exit, on corridor or passageway providing continuous and protected
means of egress:
(b) No exit doorway shall be less than 1.00 metres in width. Doorways shall be
not less than 2.00 metres in height. Doorways for bathrooms, water closet
stores etc. shall not be less than 0.75 metres wide.
(c) Exit doorways shall open outwards, that is, away from the room but shall
not obstruct the travel along any exit. No door, when opened, shall reduce
the required width of stairway or landing to less than 0.90 metres. Overhead
or sliding doors shall not be installed.
(d) Exit door shall not open immediately upon a flight of stairs. A landing equal
to at least the width of the door shall be provided in the stair way at each
doorway. Level of landing shall be the same as that of the floor which it
serves.
(e) Exit doorways shall be open-able from the side which they serve without
the use of a key.
(f) Revolving doors shall not be allowed.
(5) Stairway. (a) For assembly, business, educational, hazardous, industrial,
mercantile, multi-storey and public buildings there shall be a minimum of two
staircases and one of them shall be an enclosed stairway and the other shall be
on the external wall of the building and shall open directly to the exterior, interior
open space or to any open space for safety. Single staircase may be accepted for
educational, business or residential building where floor area does not exceed 200
square metres and height of building does not exceed 10.00 metre and other
requirements of occupant load, travel distance and width of staircase shall meet
the requirement. The single staircase in such cases shall be on the outer wall of
the building.
(b) Internal stairs shall be constructed of non-combustible materials
throughout;
(c) Internal stairs shall be constructed as a self-contained unit with at least one
side adjacent to an external wall and shall be completely enclosed;
(d) The minimum width of an internal staircase shall be 1.00 meter. Columns
and other building features shall not reduce the width of the staircase.
(e) The minimum width of treads without nosing shall be 250 millimetres for
an internal staircase for residential buildings. In the case of other buildings,
the minimum tread shall be 300 millimetres. The treads shall be constructed
and maintained in a manner to prevent slipping.
(f) The maximum height of riser shall be 190 millimetre in the case of
residential buildings and 150 millimeter in the case of other buildings. They
shall be limited to 12 per flight.
(g) Handrails shall be provided with a minimum height of 0.90 meters from the
centre of the tread;
(h) The minimum head room in a passage under the landing of a staircase and
under the staircase shall be 2.20 meters. Beams and other building features
shall not reduce the head room of the staircase.
(i) No living space, store or other fire exits shall open directly into the stairwell
of the staircase.
(j) The external exit door of the staircase enclosure at ground level shall open
directly to the open spaces or should be reached without passing through
any door other than a door provided to from a draught lobby.
(k) The main staircase and fire escape shall be continuous from ground floor
to the terrace level.
(1) No electrical shafts/AC ducts or gas pipe etc. shall pass through the
staircase.
(m) Lift shall not open in staircase landing.
(n) No combustible material shall be used for any surface decoration in the
staircase.
(o) A staircase shall not be arranged round a lift shaft.
(p) The exit signs with arrow indicating the way to escape route shall be
provided at a suitable height from the floor level on the wall and shall be
illuminated by electric light connected to corridor circuits. All exit way
marking signs of suitable size should be flushed with the wall and so
designed that no mechanical damage shall occur to them due to moving of
furniture or other heavy equipment. Further all landings of floor shall have
floor indication boards indicating the number of floors as per Bye-Laws. The
floor signage indicator shall be placed on the wall immediately facing the
flight of stairs and nearest to the landing. It shall be of size not less than
0.20 meter X 0.50 meter.
(q) In case of single staircase, it shall terminate at ground floor level and access
to the basement shall be by a separate staircase. However, second staircase
may lead to basement levels provided the same is separate at ground level
by either a ventilated lobby with discharge points at two different ends or
through enclosures.
(6) Fire Escapes or External Stairs. (a) Fire escapes shall not be considered in
calculating the evacuation time of a building.
(b) All fire escapes shall be directly connected to the ground.
(c) Entrance to fire escape shall be separate and remote from the internal
staircase.
(d) The route to fire escape shall be free of obstructions at all times, except a
doorway leading to the fire escape which shall have the required fire
resistance.
(e) Fire escape shall be constructed of non-combustible materials.
(f) Fire escapes stairs shall have straight flight not less than 0.75-metre-wide
with 250- millimeter treads and risers not more than 190 millimetres. The
number of risers shall be limited to 16 per flight.
(g) Handrails shall be of a height not less than 0.90 meter.
(7) Ramps. (a) Ramps with a slope of not more than 1 to 10 may be substituted for
and shall comply with all the applicable requirements of required stairways as to
enclosure capacity and limiting dimensions Ramps shall be surfaced with approved
non slipping materials.
(b) The minimum width of the ramps in hospitals shall be 2.00 metres;
(c) Handrails shall be provided on both sides of the ramp;
(d) Ramps shall lead directly to outside open space at ground level or courtyard
or safe place.
(8) Corridors. (a) The minimum width of a corridor shall not be less than 0.75 meters
in the case of 2 storey row housing residential building. For all other buildings
minimum width shall be 1.00 meter.
(b) In case of more than one main staircase of the building interconnected by
a corridor or other enclosed space there shall be at least one smoke stop
door across the corridor or enclosed space between the doors in the
enclosing walls of any two stair cases.
35. NON-FSI SPACES. The following shall not be included in FSI calculation:
(a) In the terrace above the top most storey, areas covered by stair-case rooms
and lift rooms and passages thereto, architectural features and elevated
tanks (provided its height below the tank from the floor does not exceed
1.50 metre).
(b) Staircase and lift rooms and passage thereto in the stilt parking floor or
upper floors used for parking.
(c) Staircase and lift rooms and passage thereto in the basement floor or floors
used for parking.
(d) Area of the basement floor or floors used for parking, subject to a maximum
height of 2.30 metres.
(e) Area of the stilt parking floor provided it is open on sides, and used for
parking, also subject to a maximum height of 2.30 metres.
(f) Servants or drivers bath room and water closet for each block in cases of
Non-High-Rise Buildings at ground floor or stilt parking floor, not exceeding
4.0 square metres in area.
(g) Watchman booth, not exceeding 3.0 square metres in area, located at the
entrance or within the plot boundary, and used solely for security purposes.
(h) Caretaker booth or room in ground floor or stilt parking floor, not exceeding
6.0 square metres in area, provided it is used exclusively for security or
maintenance purposes.
(i) One toilet in each floor not exceeding 1.20 square metres.
(j) Area of the attic provided it lies wholly within the roof slope, is used only
for storage, and the height at the highest point does not exceed 2.50
metres.
CHAPTER V
INCLUSIVE DESIGN
36. FACILITIES IN THE PUBLIC BUILDING FOR THE DIFFERENTLY-ABLED
PERSONS. These provisions are applicable to all buildings, recreation areas and
facilities used by public. It does not apply to private domestic residences.
(1) Site planning. Level of the roads, access paths and parking areas shall be
described in the plan along with specification of materials. Every building should
have at least one access to main entrance/exit to the differently-abled which shall
be indicated by proper signage. This entrance shall be approached through a ramp
together with stepped entry. The ramp should have a landing after every 9-metre
run and in front of the doorway. Minimum size of landing shall be 1.0 x 2.0 metre.
(2) Access path/Walk way. Access path from plot entry and surface parking to
building entrance shall be a minimum of 1.80-metre-wide having even surface
without any step. Slope, if any shall not have gradient greater than 5%. Selection
of floor material shall be made suitably to attract or to guide visually impaired
persons (limited to floor material) whose colour texture is conspicuously different
from the surrounding floor material or the material that emit different sound
to guide visually impaired persons. Finishes shall have a non-slip surface with
texture traversable by a wheel chair. Curbs wherever provided should blend to
common level.
(3) Parking. For parking of vehicles of differently-abled people, the following
provisions shall be made:
(a) Surface parking for two Equivalent Car Spaces (ECS) shall be provided near
entrance for the differently-abled persons with maximum travel distance of
30.00 metre from building entrance.
(b) The width of parking bay shall be minimum 3.60 metres.
(c) The information stating that the space is reserved for wheel chair users
shall be conspicuously displayed.
(d) Guiding floor materials shall be provided or a device which guides visually
impaired persons with audible signals or other devices which serves the
same purpose shall be provided.
(4) Building Requirements. The specified facilities for the buildings for disabled
persons shall be as follows:
(a) Approach to plinth level.
(b) Corridor connecting the entrance exits for the differently-abled.
(c) Stair-ways.
(d) Lift.
(e) Toilet.
(f) Drinking water.
(g) Braille signage shall be provided at the above specified facilities.
(5) Approaches to Plinth Level. (a) Ramp shall be provided with non-slip material
to enter the building minimum clear width of ramp shall be 1.8 metre with
maximum gradient 1: 12, between top and bottom of the ramp. Length of ramp
shall not exceed 9.00 metres having 0.80- metre-high handrail on both sides
extending 300 millimetres beyond the ramp. Minimum gap from the adjacent wall
to the handrail shall be 50 millimetres.
(b) Minimum clear opening for the entrance door shall be 1.0 metre. Threshold
shall not be raised more than 12 millimetres.
(c) For stepped approach, size of tread shall not be less than 300 millimetres
and maximum riser shall be 150 millimetres. Provision of 0.8-metre-high
handrails on both sides of the stepped approach similar to the ramped
approach shall be made.
(6) Corridor connecting the entrance/exit for the differently-abled. The
corridor connecting the entrance/exit for differently-abled leading directly outdoors
to a place where information concerning the overall use of the specified building
can be provided to visually impaired person either by a person or by signs, shall
be provided as follows:
(a) Guiding floor materials shall be provided or devices that emit sound to guide
visually impaired persons.
(b) The minimum width shall be 1.50 metre.
(c) In case there is a difference of level, slope ways shall be provided with a
slope of 1:12.
(d) Handrails shall be provided for ramps/slope ways.
(7) Stairways. Stairways with open riser and provision of nosing shall not be
sanctioned.
(8) Lifts. Wherever lift is necessary, provisions of at least one lift shall be made for
the wheelchair user with the following car dimensions of lift recommended for
passenger lift for 13 persons' capacity by Bureau of Indian Standard.
(a) Clear internal depth minimum of 1.10 metre.
(b) Clear internal width minimum of 2.00 metre. Entrance door width shall be
0.91 metre.
(c) A handrail not less than 0.60-metre-long at 0.90 metre above floor level
shall be fixed adjacent to the control panel.
(d) The lift lobby shall be of an inside measurement of 1.80 metre x 2.00 metre
or more.
(e) The Braille signage will be posted outside the lifts.
(f) Operational details of lifts shall confirm to the National Building Code of
India and will be the responsibility of designer as well as manufacturer.
(9) Toilets. One special water closet in a set of toilets shall be provided for the use
of differently-abled with essential provision of washbasin near the entrance for the
differently-abled.
(a) The minimum size shall be 1.50 metre x 1.75 metre.
(b) Minimum clear opening of the door shall be 0.90 metre and the door shall
be swing or sliding type.
(c) Suitable arrangement for vertical/horizontal handrails with 50-millimeter
clearance from wall shall be made in the toilet.
(d) The water closet seat shall be 0.50 metre from the floor.
(10) Refuge. An alternative to immediate evacuation of a building via staircases and/or
lifts is required for the movement of differently-abled persons to areas of safety
within a building. If possible, they could remain there until the fire is controlled
and extinguished or until rescued by fire fighters.
(a) A refuge area may be provided at the fire protected stair landing on each
floor that can safety hold one or two wheelchairs.
(b) The area shall have doorways with clear opening width of 900 millimetres
and
(c) The area shall have an alarm switch installed between 900 millimetres and
1200 millimetres from the floor level.
(d) Refuge area is mandatorily to be provided for the plot size of 1000 square
metres and above.
CHAPTER VI
PROVISIONS OF STRUCTURAL SAFETY, ELECTRICAL AND PLUMBING
SERVICES, WATER SUPPLY, ENERGY CONSERVATION ETC.
37. LANDSCAPING. (1) Institutional, Industrial, Commercial and Group Housing
Complexes shall be required to plant a minimum number of trees as per Table
below:
Table: Number of trees to be planted.
+-----+-------------------------+------------------------------------------------+
| S. | Plot area | No. of Trees required |
| No. | (Square metres) | |
+=====+=========================+================================================+
| 1 | Up to 2000 | One tree per 80 square metres of open space out |
| | | of which minimum 50% trees to be in the category |
| | | of evergreen trees having height of 6.0 metres or |
| | | more |
+-----+-------------------------+------------------------------------------------+
| 2 | From 2001 to | One tree per 80 square metres of open space out |
| | 12000 | of which minimum 50% trees to be in the category |
| | | of evergreen trees, having height of 9.0 metres or |
| | | more. |
+-----+-------------------------+------------------------------------------------+
| 3 | More than | One tree per 80 square metres of open space out |
| | 12000 | of which minimum 50% trees to be in the category |
| | | of evergreen trees having height of 12.0 metres or |
| | | more |
+-----+-------------------------+------------------------------------------------+
(2) A detailed landscaping plan will have to be got approved from the Competent
Authority with specifications.
(3) Norms for planting in all plots belonging to individual shall be as follows:
(a) Minimum of three trees in every plot for plot size above 500 square metres.
(b) Selected trees should be more than 3.60 m in height and be suitable for
local climate.
38. STRUCTURAL DESIGN AND SAFETY FEATURES. The structural design of
foundation elements made of masonry, timber, plain concrete, reinforced
concrete, pre-stressed concrete and structural steel, shall be carried out in
accordance with Part-VI Structural Design, section-1 Loads, section 2
Foundation, section 3. Wood, section 4 Masonry, section 5 - Concrete, section 6 -
Steel of National Building Code of India, 2005 (as amended from time to time)
taking into consideration all relevant Indian Standards given below:
(1) IS: 1893 (Part 1)-2002 “Criteria for Earthquake Resistant Design of Structures
(Fifth Revision)"
(2) IS: 13920 - 1993 “Ductile detailing of Reinforced Concrete Structures subject to
Seismic Forces - Code of Practice" November 1993.
(3) IS: 13828 – 1993 “Improving Earthquake Resistance of Low Strength Masonry
Buildings" August 1993.
(4) IS: 4326 – 2013 “Earthquake Resistant Design and Construction of Buildings
Code of Practice (Second Revision)".
(5) IS: 13827 1993 “Improving Earthquake Resistance of Earthen Building
Guidelines" October 1993.
(6) IS: 13935 2009 "Seismic Evaluation, Repair and Seismic Strengthening of
Buildings - Guidelines".
(7) For Protection of Landslide Hazard:
(a) IS: 14458 (Part 1): 1998 Guidelines for retaining wall for hill area: Part 1
Selection of type of wall.
(b) IS: 14458 (Part 2): 1997 Guidelines for retaining wall for hill area: Part 2
Design of retaining/breast walls.
(c) IS: 14458 (Part 3): 1998 Guidelines for retaining wall for hill area: Part 3
Construction of dry stone walls.
(d) IS: 14496 (Part 2): 1998 Guidelines for the preparation of landslide
Hazard zonation maps in mountainous terrains: Part 2 Macro-zonation.
(8) Whenever an Indian Standard or the National Building Code of India is referred,
the latest provision in the standard should be adhered to.
39. MATERIAL AND CONSTRUCTION METHODS. (1) Quality of Materials and
Workmanship
(a) All materials and workmanship shall be of good quality conforming generally
to accepted standards of Public Works Department of Himachal Govt.,
Indian Standard Specifications and Code as included in Part V Building
Materials and Part VII Constructional Practices and Safety of National
Building Code of India.
(b) All burrow pits dug in the course of construction and repair of buildings,
roads, embankment and the like shall be deep and connected with each
other in the formation of a drain directed towards the lowest level and
properly sloped for discharge into a river, stream, channel or drain and no
person shall create any isolated burrow pit which is likely to cause
accumulation of water which shall breed mosquitoes.
(2) New Materials and Design Methods
(a) The provisions of these Bye-Laws are not intended to prevent the use of
any material or method of design or construction not specifically prescribed
by Bye-Laws No. 39.1, provided any such alternative has been approved
by BIS or any other statutory body.
(b) Such alternatives may be approved provided that it is found that the
proposed alternative is satisfactory and conforms to the provisions of
relevant parts regarding material, design and construction and that
material, method, or work offered is for the purpose intended, at least
equivalent to that prescribed, in the Bye-Laws in quality, strength,
compatibility, effectiveness, fire and water resistance, durability and safety.
40. ELECTRICAL SERVICES. The planning, design and installation of electrical
installations, air conditioning installation and installation of lifts and escalators shall
be carried out in accordance with Part VIII Building Services, section - 2 Electrical
installations, section - 3 Air-conditioning and Heating, section – 5 Installation of
Lifts and Escalators of the National Building Code of India.
41. ENERGY CONSERVATION MEASURES. (1) Use of Compact Fluorescent Lamps
and Electric Chokes:
(a) The use of incandescent lamps and conventional chokes in all new buildings,
institutions constructed in Government sector, Government Aided sector,
Boards and Corporations and Autonomous bodies is banned.
(b) It will be mandatory that in these existing buildings the defective
incandescent lamps and chokes when replaced would be replaced by only
compact fluorescent lamps (CFL), LED and electronic chokes.
(c) The Competent Authority will effect necessary modification in the local
demand to promote the use of Compact Fluorescent Lamps, LED and
electronic chokes instead of conventional bulbs and chokes while
releasing/sanctioning new connections/loads in such buildings.
(2) All new cases may consider the following provisions of solar water heating systems
for energy conservation:
(a) An open space in the roof which receives direct sunshine; the roof shall
have a load bearing capacity of at least 50 kg. per square meter.
(b) The building must have a provision for continuous water supply to the solar
water heating system.
(c) The building design should provide for an insulated pipeline from the
heating system to all distribution points where hot water is required.
(d) The recommended minimum capacity of installation shall not be less than
25 litres per day for each bathroom and kitchen subject to the maximum of
50% of the total roof area is utilized by the system.
(e) Installation of Solar Assisted Water Heating Systems shall conform to BIS
specification IS 12933. The solar collectors used in the system shall have
the BIS certification mark.
(3) Whenever hot water requirement is continuous, auxiliary arrangement either with
electrical elements or oil-based systems of adequate capacity may be provided.
(4) No new building in the following categories shall be sanctioned unless this
installation has solar assisted water heating system:
(a) Industries which use hot water for processing;
(b) All hospitals and nursing homes;
(c) All hostels, hotels, motels, guest houses and banquet halls;
(d) Large canteens i.e. which serve more than 100 persons in a day.
(e) Office building on a plot area of 500 square metres or above.
(f) Residential buildings on a plot area of 500 square metres or above.
(g) Residential schools and colleges;
(5) Off Grid Roof Top Solar Power Plant at New Buildings. All buildings on plot
size 250 square meter or more, which are proposed to be constructed afresh, shall
install Rooftop Solar Power installation, of adequate capacity, as per norms and
parameters fixed by ministry of new and renewable energy or its subordinate
organizations, time to time.
42. SUSTAINABLE COOLING AND ENERGY CONSERVATION MEASURES. (1)
Passive Design Integration. All buildings proposed to be constructed afresh
shall incorporate passive design elements such as:
(a) Cross-ventilation provisions.
(b) Use of sun-shading devices like chajjas, louvers, and verandahs.
(c) Building orientation optimized for daylight and natural cooling.
These features must be shown in architectural drawings submitted for sanction.
(2) Cool Roof Requirement. All buildings with roof areas exceeding 100 square
metres shall apply high Solar Reflective Index (SRI) coatings or use cool roofing
materials compliant with ECSBC 2024 specifications to reduce indoor temperature
and improve energy efficiency.
(3) Sustainable Building Materials. Use of eco-friendly, low-embodied energy
materials such as fly ash bricks, aerated concrete blocks, and locally sourced stone
is encouraged. Builders must declare material composition for structural and non-
structural elements in their applications.
(4) Minimum Energy Performance Compliance. All non-residential buildings with
connected load of 1KW or more must comply with ECSBC 2024 provisions,
including:
(a) Efficient HVAC systems (minimum 3-star rated).
(b) Automated lighting controls.
(c) Mandatory building envelope performance criteria.
(5) Vegetative Buffer for Cooling. To combat urban heat island effects and
enhance microclimate cooling:
(a) All plots ≥ 500 square metres must allocate 1/10th of the plot area to
shaded tree plantation using native species.
(b) Green roof or terrace garden provision shall be made mandatory for
buildings with roof areas ≥ 200 square metres.
43. LIGHTNING PROTECTION OF BUILDING. The lightening protection for
building shall be provided based on the provisions of Part III of the National
Building Code of India.
44. PLUMBING SERVICE. The planning, design, construction and installation of
water supply, drainage and sanitation and gas supply systems shall be in
accordance with Part IX Plumbing Services, section - 1 Water Supply, section - 2
Drainage and Sanitation, section – 3 Gas Supply of the National Building Code of
India, as amended time to time.
45. REQUIREMENTS OF WATER SUPPLY IN BUILDING. (1) The total
requirements of water supply shall be calculated based on the Building Occupancy
as follows and as per National Building Code of India amended time to time.
(a) Residential Building: Five persons per tenement.
(b) Other Buildings: No. of persons based on occupant block and floor area.
(2) Storage of Water: Minimum provision should be made for storage of water to
meet the daily requirements of the individuals using the building as follows:
Table: Minimum Domestic storage capacities
+-----+---------------------------------------------+------------------------------------+
| S.No. | No. of floors | Storage capacity |
+=====+=============================================+====================================+
| | For premises occupied as tenements with common convenience | |
+-----+---------------------------------------------+------------------------------------+
| 1 | Floor 1 | Nil provided no down take fittings are attached |
+-----+---------------------------------------------+------------------------------------+
| 2 | Floor 2 and above | 500 litres per tenement |
+-----+---------------------------------------------+------------------------------------+
| | For premised occupied as flats or blocks | |
+-----+---------------------------------------------+------------------------------------+
| 1 | Floor 1 | Nil provided no down take fittings are attached |
+-----+---------------------------------------------+------------------------------------+
| 2 | Floor 2 and above | 500 litres per tenement |
+-----+---------------------------------------------+------------------------------------+
Note:
1. If the premises are situated at a place higher than the road level in front of the
premises, storage at ground level shall be provided on the same lines as on
upper floors
2. The above storage may be sanctioned to be installed provided that the total
domestic storage calculated on the above basis is not less than the storage
calculated on the number of down-take fittings according to the scale given
below
Down-take taps: 70 liters each
Showers: 135 liters each
Bathtubs: 200 liters each
46. RAIN WATER HARVESTING AND GROUND WATER REGULATIONS. (1)
Water harvesting through storage of water runoff including rain water in all
building on plots of 400 square metres and above will be mandatory.
(2) Adoption of roof top rain water harvesting system is mandatory for all
residential/educational/ institutional/hotel building/industrial and commercial
establishments, which have plot size more than 250 Square metres and more.
(3) The plans submitted shall indicate the system of storm water drainage along with
points of collection of rainwater in surface reservoirs or in recharge wells. These
provisions will be applicable as per the Public Notice(s) of Central Ground Water
Authority issued from time to time.
(4) Undertaking of any operations connected with drilling, cleaning, construction or
rehabilitation of ground water abstraction structures and related works including
installation of pumps cannot be taken up without prior permission of the
Cantonment Board.
(5) Drilling contractors or Agencies/Plot occupiers are required to take prior permission
for works connected with drilling, cleaning, boring and installation of pumps.
(6) The Authority shall ensure that no drilling activity is undertaken without prior
approval and is authorized to take action against offenders by seizing of drilling
rig, sealing of tube well and disconnection of electric supply to the energized tube
well.
47. REQUIREMENTS OF SANITARY FITTINGS. (1) To ensure optimization of
water the following measures shall be adopted in case of all new building sanction
where plot size is more than 500 square metres on a case-to-case basis as decided
by the Competent Authority:
(a) Use of low duel flush capacity cisterns in water closets instead of the normal
12.5 litre capacity.
(b) Use of water less urinals in all public buildings.
(c) Provision of storage and use of recycled water for toilet flushing where
the minimum discharge in the building/complex is 10000 litres or more.
(2) The sanitary fittings and installations for different occupancies shall be as per
National Building Code amended time to time.
CHAPTER VII
SAVINGS, PENALTIES AND INTERPRETATION
48. SAVINGS CLAUSE. Wherever there is an existing sanctioned structure/building
that exceed coverage and FAR/FSI etc, re-erection shall be permitted as per the
approval granted to the original structure prior to the implementation of these Bye-
Laws.
49. PENALTIES. Any person who contravenes any of the provisions of these
Bye-Laws shall be punishable as per the provisions of the Act.
50. INTERPRETATION TO BE IN CONSONANCE WITH THE ACT, APPLICABLE
RULES AND POLICIES. Notwithstanding anything contained hereunder, the
provisions of this Building Bye- Laws shall at all times be in consonance and within
the provisions of the Act, 2006 and other statutory rules under the said Act.
Wherever any discrepancy or ambiguity arises, the Act, shall apply and shall
prevail. The provisions of the Act, 2006 are in-built in to these Bye-Laws and shall
be read as part of the Bye- Laws for understanding and applying the Bye-Laws.
Similarly, the terms of lease, terms of old grant and such other terms as per the
existing policies or any policy issued in this regard from time to time shall prevail
and the Building Bye-Laws now promulgated shall be within the meaning of these
policies and shall not be in any way contrary to the said policy terms. To the said
extent, the terms of these Building Bye-Laws are conditional.
[F. No. CBJ/7/B.B.L/Vol.VI/FMS-2543/]
NISHANT GUPTA, IDES, Chief Executive Officer
FORM A: CERTIFICATE REGARDING SAFETY FROM NATURAL HAZARDS AND
STRUCTURAL SAFETY
(To be submitted by structural engineer and applicant through e-Chhawani portal)
To,
Chief Executive Officer
Office of Cantonment Board
Jutogh Cantonment, Shimla- 171008
I hereby certify that the erection/ re-erection or addition/ alteration in building No.
_______on/ in plot no._______in block_______
No.___________of_______situated at road/ street_______survey/ GLR
Sy.No.___________Cantonment has
been undertaken by me.
I certify that the building plans submitted for approval adhere to the safety
requirements of Bye-Laws.
It is certified that the structural design including safety from natural hazards based
on soil conditions has been duly incorporated in the design of the building and these
provisions shall be adhered to during the construction.
I, being a structural engineer, certify that the additions/alterations satisfy the
requirements of structural stability and all such alterations, repairs involving walls,
columns, beams, roof, footings, foundations etc., are covered under the provisions of
building Bye-Laws requiring compliance.
Signature of Engineer
Name in block letters
Address
Signature of Applicant
Name in block letters
Address
Dated_______
FORM B: CERTIFICATE FOR SUPERVISION
(To be submitted by Architect/Civil Engineer/Structural Engineer and applicant through
e-Chhawani Portal)
To,
Chief Executive Officer
Office of Cantonment Board
Jutogh Cantonment, Shimla- 171008.
Sir/Madam,
I hereby certify that the erection/re-erection or addition/ alteration in building
No._______on / in plot no._______in block_______
no._______situated at road / street_______survey /
GLR Sy. No._______shall be carried out under my supervision and I certify that
all materials (type and grade) and the workmanship of the work shall be generally in
accordance with the general specification submitted along with the building application
and that the work shall be carried out according to the sanction plan. I shall be responsible
for the execution of the work in all respects.
Signature of
Architect / Civil Engineer / Structural Engineer
Name of
Architect / Civil Engineer / Structural Engineer
License no. of
Architect / Civil Engineer / Structural Engineer
Signature of
Architect / Civil Engineer / Structural Engineer
Signature of Applicant
Name in block letters
Address
Dated_______
FORM C: INDEMNITY BOND FOR BASEMENT
(To be submitted by applicant through e-chhawani portal)
TO BE SUBMITTED ON NON-JUDICIAL STAMP PAPER OF RS. 20/- DULY ATTESTED BY THE
OATH COMMISSIONER/MAGISTRATE FIRST CLASS
Indemnity bond is executed by Shri_______s/o Shri
_______R/o_______hereby called Applicant of plot no._______
in_______of Jutogh Cantonment in favor of the Competent Authority.
Whereas the Applicants have submitted the plan of basement and whereas the Applicants
has represented to the Competent Authority that if sanction is granted for the construction of the
said basement the Applicants shall indemnify the Competent Authority of any loss at time of
digging of foundation of the said basement or in the course of construction of the basement or
even thereafter.
And whereas the said Applicants have further agreed to indemnify the Competent
Authority for any claims put up against the Authority either by way of damage, compensation or
in any other way in case the Authority is required to pay any such amount to any person or the
Applicant or Applicants of the adjoining properties. The Applicants hereby agrees/free and
undertake to indemnify the Authority to pay the full extent of the amount the Authority may
require to pay to the extent hereinabove mentioned.
The Applicants further undertakes/undertake and agree to indemnify the Authority for any
such amount the Competent Authority may require to pay/free either by way of compensation or
damage or any other amount and further undertake to indemnify the authority of all cost and
expenses that the Authority may require to defend such action in any court of law. The Applicants
undertakes/undertake that no excavation shall be carried out beyond permissible boundaries of
plot. Any damage occurring during or due to excavation made at site to public sewer, water drains
shall be made good by the Applicant.
In consideration of the above matter, undertaking and indemnity given by the said
Applicants the Authority hereunder in this behalf grant the sanction to construct the basement to
the said Applicants.
In witness hereof, the Applicants abovementioned puts/put their hands and seal to the
said indemnity bond on this_______day of_______
(Executants) (1)_______
(Applicant) (2)_______
Witness:
(1)_______
(2)_______
FORM D: NOTICE FOR COMMENCEMENT OF WORK
To,
Chief Executive Officer
Office of Cantonment Board
Jutogh Cantonment, Shimla- 171008.
Sir/Madam,
I hereby state that the erection / re-erection or addition/alteration in/on building
no._______on / in Survey No._______Road
_______Cantonment will be commenced on_______as per your
permission_______granted_______vide_______office_______letter_______no.
_______dated_______under the
supervision of_______Architect / Civil Engineer
/ Structural Engineer / in accordance with sanctioned plans.
Signature of Applicant
Name of Applicant
(IN BLOCK LETTERS).
Address of Applicant
Dated_______
FORM E: NOTICE ON COMPLETION OF BUILDING
(section 242 of the Act)
To,
Chief Executive Officer
Office of Cantonment Board
Jutogh Cantonment, Shimla- 171008.
Sir/Madam,
1. We hereby certify that the erection/re-erection of building or addition/alteration in
building on_______(address) has been supervised by the undersigned
_______and is strictly in accordance with the plan sanctioned vide letter
_______No_______dated_______No provisions of the
building Bye-Laws have been transgressed. The work has been competed to our
satisfaction and the workmanship and materials used strictly adhere to the general and
detailed specifications. Drainage/sanitation/water supply works have been executed as
per building Bye-Laws and sanctioned plan. No provision of the Building Bye-Laws and
conditions prescribed or orders issued there under have been transgressed in the course
of the work. The building is fit for use for which it has been erected/re-erected or
altered/constructed and enlarged.
2. Certificates:
2.1 Certified that the building/s has/have been constructed according to the
Sanctioned Plan and structural design which incorporate the provisions of
structural safety as specified in relevant prevailing IS Codes/Standards/Guidelines.
2.2 Certified that water harvesting as well as waste water re-cycling systems
have been provided as per the sanctioned building plan.
2.3 It is also certified that construction has been done under our supervision
and guidance and adheres to the drawings submitted and the records of
supervision maintained by us.
3. Permission to occupy or use the building may be granted.
4. Any subsequent change from completion drawings will be the responsibility of the
Applicant(s)
Signature of Applicant
Name
Address
Signature of Supervisory Architect_
License No.
Name
Address
Signature of Structural Engineer
License No.
Name
Address
FORM F: CERTIFICATE FOR COMPLETION-CUM-OCCUPANCY OF BUILDING
(section 246 of the Act)
To,
Sir/Madam,
With reference to your notice of completion dated_______I hereby
certify that building, as per_______description below at_______
(address) whose
plans were sanctioned vide sanction no_______dated_______has
been inspected to ascertain if the same conforms to building bye-laws in respect of the
structural safety, hygienic and sanitary conditions inside and in the surrounding. It is
declared fit for occupation. The detail of the construction work completed are as
follows:
Brief description of each block with area:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Letter No.
Office Stamp
Date
Chief Executive Officer
Jutogh Cantonment
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