Giving concrete shape to building laws

| | New Delhi
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Giving concrete shape to building laws

Wednesday, 31 December 2014 | Staff Reporter | New Delhi

Giving concrete shape to building laws

Delhi is rapidly moving towards having its own set of unified building bylaws that would not only spell out the dos and don’ts in respect of constructions but also streamline the entire process doing away with many of the grey areas. At the same time, the new law would seek to provide for strict adherence to the rules and stringent action against violators. The harrowing experience of obtaining building plan approvals in the city would soon be a thing of past with Government simplifying the Delhi Building Bylaws of 1983.

Small residential plots of size up to 100 sq. m have been exempted from sanction procedures and for those up to 20,000 sq. m, specific time schedules have been stipulated. For plots of more than 20,000 sq. m, single window clearance mechanism has been proposed, according to the draft simplified bylaws, which are likely to be notified soon. Union Urban Development Minister M Venkaiah Naidu on Tuesday directed Delhi Development Authority (DDA) to notify them at the earliest.

This will enable the residents of Delhi and the professionals in obtaining sanctions for building plans in an easy and time-bound manner. Some new provisions have also been made to address emerging challenges like green construction and water conservation and management.

The Delhi Urban Art Commission (DUAC) in association with Delhi Development Authority (DDA) and municipal bodies have completed the simplification exercise and submitted Draft Simplified Bylaws to the Ministry of Urban Development (MoUD).

Under the existing building bylaws, sanctions for constructions are required to be issued within 60 days from the date of application. However, given the complexity of the procedures and rules, open-ended interpretation and complexity of documentation, the stipulated timeline is seldom complied with. The proposed unified bylaws seek to address these issues so that sanctions are issued quickly. The updated and simplified bylaws will serve as a comprehensive, single reference ready reckoner by integrating the building bylaws notified in 1983 and several changes that have been subsequently notified over the last 31 years.

As per the provisions of simplified bylaws, small residential plots of size up to 100 sq. m have been exempted from sanction procedures. The proponents will only have to furnish the requisite information in a simplified one-page format to the concerned urban body and go ahead with the construction. The validity of this submission will be three years and if required, a fresh submission may be made thereafter.

For plots of 100 sq. m to 20,000 sq. m, specific time schedules have been stipulated for according approvals by various concerned agencies. For plots of more than 20,000 sq. m, single window Clearance mechanism has been proposed. Under this, applications received will be scrutinised by a High-Powered Committee consisting of representatives of all concerned agencies for according sanctions.

Competency norms of various professionals like engineers, architects and town planners have been clearly stipulated addressing the vagueness in the existing provisions. Clarity has been imparted in respect of the agencies like Heritage Conservation Committee, Archaeological Survey of India (ASI) and National Monuments Authority (NMA) to be approached in respect of constructions in the vicinity of heritage buildings/monuments.

The simplified building bylaws have provision for green construction norms plot size-wise, which provide clarity. Setting up of Grievances Redressal Committees in Urban local Bodies for time-bound resolution of disputes has also been made mandatory. Time-frames have been stipulated for issuing development control regulations to applicants and professionals. Provision of washrooms in public buildings of more than 4,000 sq. m size has been made mandatory with direct access to the public from the main street. Rainwater harvesting and waste water recycling has to be provisioned.

For differently-abled persons, the bylaws have made provisions for providing easy access besides meeting their specific needs. Needs of children and senior citizens have to be duly met by providing for easy access, fittings and fixtures in toilets and altering the height of the hand rails in the buildings, as per the simplified bylaws.

Provisions for disaster mitigation, structural and fire safety codes have been specified and art elements like paintings, frescos and statues to be provided in public buildings for better aesthetic environment. Simplification, rationalisation and updation of Building Bylaws notified in 1983 under the Delhi Development Act, 1957 was undertaken after extensive stakeholder consultations. The official said all these have been examined in detail jointly by DUAC, DDA and municipal bodies before coming out with user-friendly bylaws.

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