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Development Control Regulations Relavant To Housing

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Development Control Regulations relavant to

Housing
Development Control Regulations (DCR) in India
Development Control Regulations are a set of rules that are planned to ensure the proper and
effective development of a city, as well as the general welfare of the public.
Regulation is necessary to ensure planned development.
It depends on a “plan-led system” whereas development plans are made and the public is
consulted.
It is a mechanism that controls the development and use of land.
This involves the construction of new buildings, the extension of the existing ones, and the
change of use of the building or land to another use.
Developing new houses/industrial buildings/shops are important for supporting economic
progress. At the same time, it is also necessary to protect or improve the quality of towns,
villages, countryside, etc.
Under the DCR, the Metropolitan Commissioner is the supreme authority for review of its
provisions and his decision would be final. The Metropolitan Commissioner could use his power
to approve provisions of these regulations excluding the provisions associated with FSI.
What are the motives of the Development
Control Regulations (DCR)?
The motive of Development Control Regulations (DCR) is that any
approved plan is implemented by individuals and by corporate or by
public-sector developers and thus all new developments should adhere to
the terms of the plan.
Why is Development Control Regulations
necessary?

Development Control Regulations are a must for every growing city


because the area immediately beyond the city limits is often a source of
health risk to the city and generally under no strict control of the effective
local authority.
What are the objectives of the Development
Control Regulations?
To stop the unfavorable demand and misuse of land.
To assist private interest along with public interest in all phases of
development.
Development control is legal in nature and the planning authority has the
power to punish the defaulters.
To control and limit overcrowding on land.
To control the private development as per the required rules in connection
to public safety, health, and convenience.
How many types of Development Controls
Regulations are there?

1) Town and Country Planning Act


2) Building Bye-laws
3) Land Acquisition Act
4) Zoning Regulations
5) Slum Clearance Act
6) Periphery Control Act
Town and Country Planning Act

Forming strategies and implementing them to provide better infrastructure


for the people, in line with their requirements.
Building Bye-Laws
Building bye-laws are legal tools used
- to regulate building coverage, height, area of construction, and
architectural designs to maintain the growth or orderly development of
a place.
2) Building Bye-laws
What are building bye laws?
According to the definition, building bye laws are the norms set forth by the
government authorities such as Ministry of Urban Development Affairs
(MUDA), City Corporation and Developing Authorities, for instance,
Bangalore Development Authority (BDA) in Bangalore.
These norms are legal tools that regulate architectural and construction
aspects of buildings to achieve orderly development in an area.
They are crucial to protect buildings against fire, earthquake and structural
failures.
The development authority does not approve a building plan which fails to
adhere to the bye laws.
2) Building Bye-laws

Do building bye laws differ from city to city?


However, these bye laws may differ from one property to other. For
instance rules set for construction of a commercial property may differ
with the bye laws essential for the development of a residential or an
educational building.
Also, building bye laws vary from one region to other. For example, a
construction norm applicable in a rural area may not be followed in urban
realms.
Building Bye-laws -
Purpose of building bye laws

• Ensure uniform development of buildings in a society, town and prevent


haphazard development

• Affirm public safety against noise, fire, health hazards and structural failures

• Ensure optimum utilisation of space

• Follow approaches which safeguard complete health, safety and comfort of


residents such as proper ventilation, air, light and other essentials.
Building bye laws include norms related to the following:

• Floor Area Ratio (FAR) and ground coverage


• Density
• Basement and parking spaces
• Setbacks and projections
• Area and its usage
• Building height and other service spaces
• Provision for lifts and basement area
• Site design and service design –sewerage, electrical design, water etc.
• Building line
• Amalgamation

Holistically, building bye laws are a set of rules that define the construction limits of a structure within a
province/city/state.
For those desirous to get a property constructed or those who belong to the construction industry, it is
important to delve into the building bye laws prevalent in the area of construction.
Any deviation from the set rules might result in the property to be deemed illegal in the future.
3) Land Acquisition Act

Land acquisition is a process by which the government (state or union) can acquire private land
for the purpose of infrastructure development, urbanisation or industrialisation.
In return, the government will pay a suitable compensation to the land owner, as per the market
value and would be responsible for the rehabilitation and resettlement of the affected land owners.
The Land Acquisition Act, also known as, the Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act, 2013, regulates and governs the entire
process of land acquisition.
The Act chalks out the provision for providing fair remuneration to the land owners, bringing
transparency to the system and directs the government to rehabilitate those who are most
affected, because of their land being taken away.
How is Zoning Regulations dealt with?
•Allotment/Allocation of land for special /specific purposes.
•Limitation on the use, construction, and height of the building.
What are the key objectives of Zoning?

•Zoning proves to be a useful means for making any town planning


scheme effective and successful.
•Zoning supports proper coordination of various public amenities such as
road, electricity, drainage, water connection, transport facilities, etc.
•Rezoning for better uses of land by amending their zoning laws can be
possible.
•The town planner gets enough opportunity for designing the future growth
and development of the town.
Where is building Bye-laws applicable?

•New construction

•Additions and modification to buildings

•The need for open space


What are the objectives of building Bye-
laws?

•The building bye-laws stop reckless development without any similarity to the development
of the area as a whole.
•To give open spaces, noise, air breeze, smoke, and manage safety against fire, etc.
•To control land development keeping in mind the bye-laws.
•It becomes more accessible to pre-plan the building activities and provisions of bye-laws,
give directions to the designing architect or engineer.
•Material types of control.
Slum Clearance: Reducing the number of slums and ensuring the rehabilitation
of inhabitants.

Periphery Control: To protect the peripheral land that comes under the
jurisdiction of a State from all sorts of encroachments and illegal use.

Land Acquisition: Acquiring land for governmental projects and compensating


the landowners.
What are the controllable factors under
DCR?
Below are the controllable factors under DCR:
Floor Space Index (FSI)
It is the ratio between the total built-up area and the plot area available.
It is authorized by the government for a particular locality.
It principally describes the ratio of the total covered area of construction to the total plot size.
It is sometimes termed as floor space compensation ratio (FSR), floor area ratio (FAR), site
ratio or plot ratio.
FSI rules are usually based on the National Building Code.
As per the new DCR rules, balconies, stairs, voids, flower beds, and corners are calculated in
FSI and to compensate for the loss, the government has allowed compatible FSI up to 35% for
residential and 20% for commercial developments.
What are the controllable factors under
DCR?

Parking space
There is a specified space for parking in residential, commercial and
educational institutions as per the set laws in different States.
However, as per the norms, the ideal parking size should be a minimum
of 2.5 x 5.5 sq.m. (Motor Vehicle), 1.2-3 sq.m. (2 Wheeler), 3.75 x 7.5
sq.m. (Transport Vehicle).
What are the controllable factors under
DCR?

Size of plots
As per the DCR, the size of plots appropriate for residential development varies
according to the income level of residents. The ideal size conditions under DCR are –

1. Low-Income Group (LIG) – 135-180 sq.m.

2. Mid-Income Group (MIG) – 216 to 360 sq.m.

3. High-Income Group (HIG) – 486 to 972 sq.m.


What are the controllable factors under DCR?
Structural design and services
The architectural design of a building should be executed as per the directed norms of the
National Building Code of India. The building must hold facilities of plumbing (for toilet and
drinking), protection from electricity, electrical installation, air-conditioning, lift, etc.

Lifts
A building with a height of more than 13 meters must have a lift from the ground floor. The minimum
capacity of the lift should be 6-persons.

Fire Safety
A building that exceeds more than three floors needs a certificate of approval from the Fire
Department. Besides, every floor with more than 150 sq.m. of floor area and a capacity of 20+ people
should have at least two doorways, along with a staircase for the fire exit.

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