PLANNING LEGISLATION AND PROFESSIONAL PRACTICE

ASSESSMENT - 3
Topics: Tools of development control zoning, sub-division regulations, building regulations,
model building byelaws, Government Orders, fire and airport regulations; special regulations
like TDR, accommodation Reservation;

Presented by
Dasari Aparna
2190400105
 Tools of development control zoning

Zoning is a planning control tool for regulating the built environment and creating functional real
estate markets. It does so by dividing land that comprises the statutory area of a local authority
into sections, permitting particular land uses on specific sites to shape the layout of towns and
cities and enable various types of development. Zoning has a relatively short history as a tool for
land-use planning. It determines the location, size, and use of buildings and decides the density
of city blocks (City of New York 2015a)

Why is zoning necessary?

The purpose of zoning is to allow local and national authorities to regulate and control land and
property markets to ensure complementary uses. Zoning can also provide the opportunity to
stimulate or slow down development in specific areas.

The planning and zoning functions differently around the world and is controlled by different levels of authority. Most commonly,
a local authority such as a municipality or a district controls zoning whereas in other cases zoning is implemented at the state or
national level. Sometimes zoning is governed by a combination of the two approaches. Beyond these immediate controls,
additional regulations that affect zoning are often used, such as planning scheme and impact assessments.
History of Zoning
Early Examples of Zoning
1885 Modesto, CA – ordinance regulating the location of laundries
1899 Washington, DC – ordinance regulating building heights
1916 New York City – first comprehensive zoning ordinance Created to combat inadequate ventilation and fire safety from high rises
Separation of business, industry, and residential areas Separation of social classes
Source: World bank
 Background of development control zoning in India

In India, zoning was first established in the development plan prepared in 1954 and approved in 1965. It was based on the Bombay Town Planning Act (1954),
which for the first time allowed for the creation of a development plan to manage growth of urban areas.

Zoning is included within the development regulations prepared as a part of the overall development plan for urban development areas (UDAs). The UDA
is defined in accordance with the Gujarat Town Planning and Urban Development Act (GTPUDA) established in 1970

In accordance with this act, an urban development authority is established for a UDA which is usually greater than the jurisdiction of the city.

There are a total of over 20 zones identified in the development plan. However, most of the city development areas are under one of five zones.
The core walled city zone includes the old city of Ahmedabad. The Gamtal zone includes various urban villages, which are now part of the greater
Ahmedabad development area.

In these zones, the base floor space index (FSI) is 1.8 and 1.2, respectively—with the possibility of purchasing an additional 50 percent
base FSI. Until the recent development plan, the height restriction for development was 40 meters.

With the new development plan, this maximum height has been raised to 70 meters for plots that front on 40-meter wide roads and on all
plots in the central business district overlay zone.

With the new comprehensive development plan 2021, overlay zones have been introduced. a formal process of requesting a variance if a
developer wants to build higher or wants to request a relaxation in one of the other regulations (open space, parking, setbacks, allowed use, and
so on) has been given.
 Development control zoning
Features of zoning
Terminology
The difference between the following terms should also
be noted:
1) Standard: It refers to a fixed or an established rule.
2) Norm: An authoritative standard is known as the
norm.
3) Regulation: An order prescribed is known as the
regulation.
4) Bye-Iaw: The law of a local authority is known as the
bye-law and it is supplementary law or regulation.
5) Law: The rules of State or community are termed as
the laws.
Steps involved in development process
 Development control zoning

key objectives of Zoning

1.Zoning proves to be a useful means for making any

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

Examples showing the undesirable situations which might develop in the absence of zoning :

• The big apartment flats of big heights may be constructed very near to small cottages or houses and thereby,
they suffer from loss of light and air for surrounding structure.
• The development centers of public interest may take place at random without any considerations of their
surrounding and hence their functioning result into wastage of time, money and space
• The unsightly factories giving obnoxious gases and untimely noises invade the residential area of the town
and by the way of their working, they make the residential area unfit for living.
• The public amenities may be provided as the need arises and ultimately, a time may come when it’s become
either too costly or practically impossible to alter or to modify such amenities.
 TYPES OF ZONING

The most prevalent form

of zoning where land use Define zones according
zones are defined to their physical
according to their characteristics, mostly
function, such as from an urban identity
commercial, residential, perspective, such as the
or industrial. Each zone downtown area. This
type is subject to specific form of zoning is usually
rules and regulations easier to relate to the
concerning the type of general population since
activities built. The it uses zonal definitions
assumption is that urban that are well known and
functions should be help create an urban
allocated to specific areas identity by underlining
to improve their efficiency areas with unique
and mitigate externalities characteristics.
associated with
incompatible land uses.

Source: https://transportgeography.org/
 TYPES OF ZONING

Defines land use zones by

the permitted intensity
level, such as the number Often part of revitalization or
of residential units per unit development plans where
of surface or allowed developers are allowed to build
commercial surface. Such residential, commercial, or
regulation enables a level industrial (manufacturing,
of flexibility in urban warehousing) projects in
development since it specific areas by providing
permits developers to various incentives such as tax
select which development abatement or basic
types take place as long as infrastructure (road, utilities,
this development abides by public transport services).
density constraints. Density Further, developers can be
can also be set to minimum granted lower restrictions,
criteria to avoid a wasteful namely density limits, if
usage of real estate. amenities are such as park
areas and infrastructure are
developed as well.

Source: https://transportgeography.org/
 Zoning laws in different cities of India

Mumbai Delhi
The Mumbai Metropolitan Region is divided into the following 7 zones: The Master Plan of Delhi 2021has divided the city of Delhi into
1) Urbanisable Zone (U) 10 different zones as under:-
2) Industrial Zone (I) 1. Residential
3) Institutional Zone (In) 2. Commercial
4) Green Zone 1 (G1) 3. Industry
5) Green Zone 2 (G2) 4. Ridge/Regional Park
6) Forest Zone (F) 5. Recreational
7) Coastal Wetlands Zone (CW) 6. Transportation
The Urbanisable zone, Industrial Zone and Green Zone falling in the jurisdiction of 7. Utility
Municipal Corporation, Municipal Council, Nagar Panchayat, Special Planning Authority 8. Government
or other Planning Authority, shall be developed in conformity with the Development 9. Public and Semi-public Facilities
Plans and Development Control Regulations of their respective jurisdictions. 10.Green belt and water body

Jaipur Bhopal
The zones in Jaipur are designated as under:- The Proposed zoning under BDP 2031 Draft BDP 2031 is based
•Urban Area (U1) on the pragmatic approach and are classified as under: –
1. Residential. 1.For Residential and mixed-use areas.
2. Commercial (District center/Sub-city center/wholesale commercial) & 2.Transit-Oriented Zone (TOZ)
mixed-use. 3.Old City Heritage Zone (OC)
3. Industrial. 4.For Commercial areas
4. Government reserved areas. 5.Special Planning Zone (SPZ1)
5. Public and Semi-Public (Institutional, Medical, Public utility) 6.To Enable and support Industrial activities
6. Recreational (Regional Park, District Park and Other Recreational). 7.Public Utility and Facility (PUF):
7. Tourism Facility Zone. 8.Public and Semi-Public (PSP):
8. Water Bodies, Natural drainage etc. 9.Recreational Zone (G-1 to G-5)
9. Circulation. 10.Transportation (T)
•Urban Area (U2) Low-Intensity Zone High-Intensity Zone. 11.Logistic, Warehouse & Wholesale (LW)
•Transit Corridor Development Area (U3) Low-Intensity Zone High-Intensity Zone 12.Water Bodies and Buffer Zones (W, WB, CZ-0 to CZ-2)
•Ecological Zone – G1, G2 and Ecological Area. 13.Village Abadi and their extension (VR &VRE)
•Rural Area
Source: https://blog.ipleaders.in/need-know-zoning-rera/
 Development control zoning
Type of What it means Uses permitted
Zones
A building used or constructed or adopted to be used Dwellings, hostels including working women and gents hostels, old age homes,
wholly for human habitation and includes garages, orphanages, places of public worship, schools offering higher primary school courses,
Residential and other out-houses necessary for the normal use of public libraries, post and telegraph offices, telephone exchange, Limited counters, milk
Zone the building as a residence. booths, STD booths, mobile phone service repairs, computer institutes.
A building or part of a building, which is used as Offices, shops, commercial complexes and service establishments like hair dressing saloons,
shops, and/or market for display and sale oflaundries, dry cleaning and tailoring shops, hotels, clubs, hostels, newspaper or job printing,
merchandise either wholesale or retail, building usedall type of offices, banks, places of amusement or assembly, restaurants, microwave towers
for transaction of business professional serviceand stations, advertising signs conforming to relevant building bye- laws, church, temple and
Commercial facilities, corporate offices, offices of commercialother places of worship. Educational, Medical/Engineering/ technical and research
Zone undertakings and companies petrol bunk, restaurants,institutions, Libraries, any retail business or services not specifically restricted or prohibited
lodges, nursing homes, cinema theatres, multiplex,by development authorities, filling stations, neighbourhood shops, nursing homes and service
community hall (run on commercial basis) banks,industries as listed by the authorities.
clubs run on commercial basis.
A building wholly or partly used as a factory, for the Industries like IT and BT industries, microwave towers, power plants, filling stations, parking
manufacture of products of all kinds includinglots (including multi level), bus and truck terminals, loading and unloading facilities,
fabrication and assembly, power plant, refinery, gaswarehouses, public utilities like garbage and sewage disposal, Municipal and Government
Industrial Zones plant distillery, brewery, dairy, factory, workshop,offices, dwellings for manager, watch and ward staff, canteen and recreation facilities,
etc. office, shops, clubs, job printing, banks, restaurants, dispensary and automobile service
stations.
All Central, State and Quasi Government offices and centers and institutional office,
educational, college campus including hostel facilities for students, cultural and religious
A building used or intended to be used either institutions including libraries, reading rooms and clubs, medical and health institutions,
ordinarily or occasionally by the public such as cultural institutions like community halls, opera houses, clubs, predominantly non
offices of State or Central Government or Local commercial in nature, utilities and services, water supply installations including disposal
authorities, a church, temple, chapel, mosque or works, electric power plants, high tension and low tension transmission lines, sub stations,
any place of public worship, dharmashala, college, gas installation and gas works, fire fighting stations, filling stations, banks, and quarters for
Public and semi- school, library, theatre for cultural activities, essential staff and all uses permitted under parks and playgrounds.
public public concert room, public hall, hospital run by
public institutions, public exhibition hall, lecture
room or any other place of public assembly. Retail shops, restaurants, filling stations, clubs, banks, canteens, dwellings required for
power maintenance and functioning of public and semi-public uses in the zone are
generally permitted when they are run on non commercial basis in their own premises and
ancillary to the respective institutions.
Source: Zoning Regulations and Master Plan GOs - HMDA
 Development control zoning
Type of What it means
Zones
Utilities and All buildings or land which are used for the
Services purpose of providing basic utilities and services
to the populace.
Parks, Playgrounds Any open land that is earmarked for
and Open Spaces recreational purposes.
Land or buildings which are used for the
Transportation purpose of providing services and functions
and related to transport as well as communication.
Communication
This Plan in addition to providing a range of
uses that can possibly be permitted in the
Mixed Land Use various zones, has designated a new zone
namely, the urbanisable zone.
Horticulture, farming, growing of crops, fruits,
vegetables, flowers, fodder, trees of any kind or
cultivation of soil, breeding and keeping of live
stock including cattle, poultry and fish etc, the
use of land which is ancillary to the farming of
Agricultural land.
Land Agricultural land may or may not include the
use of any land attached to a building for the
purpose of gardenening
Uses permitted
Water supply installations including treatment plants, storage reservoirs, OHT, drainage and
sanitary installations including treatment plants and disposal works, drying beds, solid waste
management, electric power plants, high and low tension transmission lines and power sub-
stations, microwave towers, gas installations and gas works, fire stations, milk dairies.
Parks, playgrounds, stadia, sports complexes, children's play land inclusive of amusement parks such
as Disney land type, toy trains, parkways, boulevards, cemeteries and crematoria, public toilets,
parking, sewage treatment plants, public use ancillary to park and open space and playground. The
area of such ancillary use shall not exceed five per cent of total area.
Railway lines, railway yards, railway stations, railway workshops, roads, road transport depot, bus
stations and bus shelter, parking areas, truck terminals, MRTS terminals, airports and helipad, post
offices, telegraph offices, telephones and telephone exchanges, television telecasting and radio
broadcasting stations, microwave stations and offices in their own premises and residential quarters
for watch and ward, filling stations.
Mixed land use zoning is gaining importance particularly because of the existence of a large informal
sector. Based on the experience of the First Master Plan, this Plan in addition to providing a range of
uses that can possibly be permitted in the various zones, has designated a new zone namely, the
urbanisable zone. This is in addition to the nine existing designated zones namely: Primary
Residential, Mixed Residential, Commercial, Institutional, Industrial, Special & Hazardous Industrial,
Open Space & Recreational, Non-urban and Agricultural use zones.
Agriculture and horticulture, children's play land inclusive of amusement parks such as Disney land
type, toy trains, dairy and poultry farming, pisciculture, milk chilling centers, cold storage, farm
houses and their accessory building, urban village, brick kilns, quarrying and removal of clay and
stone, mills, gardens, orchards, nurseries and other stable crops, grazing pastures, forest lands,
marshy land, barren land and water sheet, Highway amenities viz., filling stations, weigh bridges
and check posts.
Source: Zoning Regulations and Master Plan GOs - HMDA
 Development control zoning

Challenges zoning regulation faces

• Like any other laws, zoning regulations also face certain challenges such as limits on the power of
government to control land use, some of which can provide a basis upon which such regulations may be
challenged.
• Zoning ordinances must be rational based on all factors involved, such as the need of the municipality; the
intent of the restriction; the location, size, and physical characteristics of the land; the character of the
neighborhood; and its effect on the value of the property involved.
• Rigid master plans and restrictive zoning regulations limit the land available for building, constricting cities’
abilities to grow in accordance with changing needs.

Strategies to improve the situation of zoning in India

India needs to move towards decentralized and strategic urban planning.New changing demands need to be
addressed by urban planning. In order to satisfy systemic and geographical transition demands, the planning
structure must also be dynamic. “In order to promote inclusive urbanization, the government must consider
urban planning development as a phase of value creation through the market, giving ample space for value
capture and recycling.
In order to optimize social welfare, harm must be avoided by separating the land uses that are incompatible
with each other and simultaneously doing good by encouraging the promotion of the land.
 SUB DIVISION OF LAND

What is a subdivision? Before sub division

Subdivision is dividing land into multiple parcels or lots

Subdivision regulations control how land is divided to
accommodate uses and support infrastructure

Conversion of a land parcel from its natural or previous state

to:
• Legal entity, where lot ownership can be transferred
• Profit venture, where development costs can be recouped
through lot sales
• Urban place, where neighborhood roots can be developed
After sub division
Each Lot Must Have:

• Minimum size (sq. ft.)

• Minimum road frontage
• Provision for utilities
• Water/sewer or well/septic
• Electricity, phone, gas, cable, etc.
• Buildable area/feasible structure location
• Meeting setbacks, buffers
• Respecting constraints (slopes, soils, wetlands)
 SUB DIVISION OF LAND

BACKGROUND
Land subdivision is often the first step toward the creation of a new incorporated township in both developed
and developing countries. Contemporary urban land subdivision relies on the lot and block survey system which
was widely used in the United States in the 19th century as a means of addressing the expansion of cities into
the surrounding rural areas (Schnidman, 1986). Land subdivision requires that proposed subdivisions be
accurately surveyed and plotted. The plot should be approved by local planning officials and recorded prior to
any sale of lots (Town and Country Planning Law, CAP. 123, 1975). This subdivision regulation has become an
important urban planning tool since the early 20th century as a model of land use control and guiding the
growth of cities

Types of sub division

Formal land Formal land subdivision refer to the uniform division of a parcel of land into two
subdivision or more lots, plots, sites, or other divisions of land for the purpose, whether
immediate or future, of sale or of building development”.

Types of land
subdivision
Informal land subdivision refers to the irregular division of land with
nonconformity with urban planning laws and development control norms, and to
some extent, land tenure regularization
Informal land
subdivision This mainly takes place in peripheral areas which have been incorporated into
the municipal urban areas following the extension of cities’ administrative
boundaries. This ultimately affects the direction and quality of urban
development .
 SUB DIVISION OF LAND

Need for subdivision regulation: Subdivision procedure

• Earlier in every city much land is either vacant or inefficiently used
• Various methods have been proposed to emphasize taxation on land • Land is surveyed
• Necessity for regulations over the subdivision of urban land was • Officials records consulted –
urgent, since use and development of land constitute a right given proposed highway, special
by the community upon the individual, and this right may be easements, right of way etc.
withdrawn if he violates the conditions • Refer Subdivision ordinances
• Planner or engineer to
Sub division and layout prepare preliminary plan –
• A piece of land divided into more than 8 parcels, each of which is to include size, shape no of lots,
be sold separately is called Layout , location of streets, radii,
• whereas less than or equal to 8 divisions is called a subdivision of drainage, utilities etc.
land. • Estimate is prepared – cost of
development
Many interests involved • Tentative map is file with
• To the land developer the subdividing of land is primarily a matter of local agency – approval
profit. obtained else
• To the community, it is a matter of public concern –Activities • If there are any suggestions
determine quality of living they will be incorporated and
• Where such activities are uncontrolled , they place burden on public re-submitted
treasury – excessive cost of public improvements and maintenance,
increase in cost of services
 SUB-DIVISION REGULATIONS

1. For residential use: –

• All new land subdivisions and plot developments shall be subject to the following, namely:-
• The area of any newly subdivided plot, reconstituted plot or building plot shall be not less than 125 sq. Metres with an
average width of 6 metres: provided that for row housing where side open spaces are not required, it is sufficient if the plot
has an average width of 4.5 metres;
• Every plot shall have a frontage of not less than 4 metres on any abutting street;
• Every street in the layout shall have not less than 7 metres width and shall be motorable; provided that in the case of cul-de-
sacs with length not exceeding 250 metres it is sufficient if the street (cul-de-sac) has not less than 5 metres width;
• The minimum existing width of the street giving access to the land proposed for subdivision from the main street shall be as
given in table.
• When the area of the land under development work, layout or
subdivision exceeding ten plots is 0.5 hectares or more, ten
percent of the total area shall be provided for recreational open
spaces.
• In the case of lay out or sub division of land having an area of two
hectares or more a suitable location for an electric transformer
shall be provided;
• In the case of layout for subdivision of land, where the number of
residential plots exceeds 10 and plot area less than 0.5 hectare
approval of the secretary, local self government institution shall
be obtained as per the provisions of this rule.

• Adequate arrangements for surface water drainage shall be provided with suitable drains etc;
• In the case the number of plot of layout for subdivision exceeds 10, any yard adjoining internal road/street of building(s)
upto 10 metres height can be reduced to 2 metres.
 SUB-DIVISION REGULATIONS
2. For industrial use: –
All new land sub- divisions and plot developments shall be
subject to the following regulations:-
1. The width of every new street, public or private,
intended for use as a motor way giving access to or
through an organized industrial area shall be minimum
10 metres; provided that in the case of group G1
industrial-i units or cul-de-sac not exceeding 250 metres
length, the minimum road width shall be 7 metres.
2. The minimum size of industrial plot abutting street shall
be 400 sq. Metres in extent with a width of not less than
15 metres;
3. In industrial layouts a place for installation of
transformer shall be provided;
4. The approval of the district town planner shall be
obtained for the layout of industrial streets and land
sub-division exceeding five plots
5. The usage of plots proposed for development or
redevelopment shall be governed by the provisions
contained in the master plan / detailed town planning
scheme/ interim development order, if any, in force
under the town and country planning act, 2016 prepared
for the locality; provided that where no such plan exists,
the usage of plots shall be as approved by the district
town planner or an officer authorized by him
3. For commercial use :-
All new land sub-divisions and plot developments shall be
subject to the following: –
i. The width of every new street, public or private,
intended for use as motor way giving access to or
through a commercial precinct consisting of a
continuous row of shops exceeding ten in number shall
not be less than 10 metres except in the case of cul-
de-sac not exceeding 150 metres length, where the
minimum width shall be 7 metres;the frontage of every
commercial plot abutting the street, shall have a
minimum width of 6 metres;
ii. The minimum size of plot within a layout proposed for
commercial development shall not be less than 60
sq.Metres;
iii. For every plot within a layout for commercial
development, building line from the street shall not be
less than 3 metres;
iv. No plot intended to house a service garage or auto
workshop within a layout for commercial development
shall be of an area less than 300 sq. Metres and an
average plot width less than 12 metres; and
v. The approval of the district town planner shall be
obtained for the layout of all new commercial street
and land sub-division exceeding five plots.
 CASE STUDY OF LAND SUB DIVISION - GANDHINAGAR
EXISTING
• In the existing situation, there are no clearly marked property lines and
accesses into the "Sector 21" not being well planned, it can be
penetrated all along the peripherial roads.
• The existing layout of the "Sector21" has it's streets marked out in
geometrically, arbitrary pattern. This creates closed loops, dead ends
forming an open space and unplanned open areas providing an access
to the dwellings around it.
• large portion of the land remains unutilized or under utilized
• Community facilities are provided on open spaces scattered throughout
the site. The public domain of the streets and the private domain of
shopping or residential, do not have any physical barriers. Same is the
case with the boundaries between public and semi-public activities.
PROPOSED
• The proposed plan for "Sector 21" has four clearly defined accesses into it. These are
the centres of the major roads surrounding the site.
• All the residential and the semipublic areas are approached inwardly and not from
the main roads as in the existing situation.
• The new layout is based on grid pattern unlike the traditional geometrically arbitrary
pattern. This minimizes the circulation length per area served and allows more
private land for residential purpose.
• The residences are planned in private lots which are arranged in clusters forming a
shared court.
• The efficiency and a primary achievement of the new layout is seen in the proposed
density keeping the adequate percentage of open areas. It allows approx. 1.5 times
more people and still has 10,350 sq.m area reserved for future development.
 CASE STUDY OF LAND SUB DIVISION - GANDHINAGAR
EXISTING
The circulation pattern is based on a Gridiron system.
There, is no obvious attempt at forming regular intervals
in the street levels and these change to the size and
shape of different blocks. This creates more public land
used by the streets and increases the cost of construction
and maintainance. It does not give clear direction to
residents for accesses to all the community facilities.
Primary streets are differentiated into two categories.
One is exclusively for bicycles. The street layout does not
promote concentration of community activities and
consequently there is no incentive for social interaction.
PROPOSED
The proposed circulation network is also based on a Grid
system but well defined. The "Nodes" or the intersections of
the streets are 90m & 115m which are enough to facilitate
the pedestrian circulation among the various community
elements and large enough to minimize public land areas
thereby reducing the public costs of construction,
maintenance and operation of services. Network provides the
utility lines throughout the site by providing continuous
access for maintenance and control. The circulation layout
also minimizes the infrastructure investment for the public
sector.
 LIMITATIONS OF SUB DIVISION OF LAND

• Land subdivision regulations define standards for layout and lot sizes, street pattern, and procedures for assigning
land for private and public uses.
• Land subdivision provides the essential characteristics of land uses, street patterns and public utilities. The
amount of land which is thereby dedicated for public purposes differs between countries and may represent a
substantial portion of the total urban land (Courtney, 1983).
• While land subdivision plans and regulations have proved to be a very efficient tool in urban planning and
management in the developed countries, they have been less successful in the developing countries due to
poor implementation of subdivision regulations. Consequently, the vast areas in the urban fringes are often
illegally subdivided. Unregulated land subdivisions frequently cause haphazard development and environmental
hazards.
• Many researchers argued that the needs and conditions of land development in developing countries require a
more flexible set of standards than what has been introduced based on the European countries.
• These standards should consider the rapid changes in the urban fabric, relate more to local conditions, and be
easier to implement.
• It has been argued in some developing countries such as Bangladesh (Islam, 1995), Tanzania (Kombe and Kreibich,
2000) and Nigeria (Omuta, 2005) that land subdivision codes based on the Europeans and other developed
countries have often been inappropriate and increased development costs substantially, making it difficult in
particular for the urban poor to have easy access to land or afford housing built to legal building standards.
• For this reason, Payne (2001) asserts that there has been a tendency in many developing countries to ease land
subdivision and building standards by reducing lot sizes and eliminating public amenities. This tendency has
resulted in informal land subdivision and associated informal settlements in many African cities.
 BUILDING REGULATIONS, MODEL BUILDING BYELAWS, GOVERNMENT ORDERS

What are building by laws?

The rules and regulation framed by town planning authorities covering the requirements of building, ensuring
safety of the public through open spaces, minimum size of rooms and height and area limitation, are known as
building bye-laws.
Rules and regulations which largely regulate the building activity should be formulated to get disciplined growth
of building and the better planned development of towns and cities.
Governmental Order:
Governmental Order means any order, writ, judgment, injunction,
decree, stipulation, ruling, decision, verdict, determination or award
made, issued or entered by or with any Governmental Authority.

Objective of building bye-laws

• Pre-planning of building activity.

• Allows orderly growth and prevent haphazard development.
• Provisions of by-laws usually afford safety against fire, noise,
health hazard and structure failure.
• Provide proper utilization of space to achieved maximum
efficiency in planning. Applicability of building bye-laws
• They provide health, safety and comfort to the people who • New development and construction
live in building. • Additional and alternations to a building
• Due to these bye-laws, each building will have proper • Changing of occupancy of building
approaches, light, air and ventilation. (residential, education etc.)
 BUILDING REGULATIONS, MODEL BUILDING BYELAWS, GOVERNMENT ORDERS

What aspects do building bye-laws cover?

Need for building regulations
Under the building bye-laws in India, directions
are laid down with respect to the following
The urban centers in India are experiencing a rapid
aspects of construction:
transformation, both controlled and uncontrolled,
•Area and usage
supported by the growing economy in the past two decades.
•Building height
However, this rapid urban growth has led to failure of urban
•Building coverage
authorities to regulate and implement safe building
•Floor space index
standards and practices, resulting in risk accumulation in
•Density
the urban centers. Building regulation is an important tool
•Setbacks and projections
to address the problems of uncontrolled development and
•Parking facilities
increasing disaster risk. In spite of existence of various
•Fire provisions with respect to staircase and exits
codes and guidelines (BIS codes, NDMA guidelines, and
•Basement facilities
PWD/CPWD manuals), nothing has proved accountable
•Green spaces
enough to scale down the magnitude of the vulnerabilities
•Open spaces
of building stocks.
•Amenities in the project
•Provision for elevators
•Sewerage facilities
•Provision for water
•Provision for power supply
•Provision for waste management
•Rainwater harvesting
•Barrier-free environment
•Safety provisions
The Relevance of Model Building Bye-Laws with respect to URDPFI and NBC
 HISTORICAL DEVELOPMENT OF BUILDING REGULATIONS
First known building regulations
• Hammurabi was the ruler who established the great
nation-state of Babylon (in modern day Iraq), the
world's first metropolis. The Code of Hammurabi was
carved upon a black stone monument and dates back
to 1772 BC.
• Hammurabi’s Code also gave the world the first
written Building Codes. They were unusually
simplistic by today’s standards, but very matter-of-
fact. There were not many lawyers in those days to
haggle over the details.
Babylonian law on
clay tablets
Hammurabi’s building Codes
228. If a builder build a house for some one and
complete it, he shall give him a fee of two shekels
in money for each sar of surface.
229. If a builder build a house for some one, and
does not construct it properly, and the house
which he built fall in and kill its owner, then that
builder shall be put to death.
230. If it kill the son of the owner the son of that
builder shall be put to death.
231. If it kill a slave of the owner, then he shall
pay slave for slave to the owner of the house.
232. If it ruin goods, he shall make compensation
for all that has been ruined, and inasmuch as he
did not construct properly this house which he
built and it fell, he shall re-erect the house from
his own means.
233. If a builder build a house for some one, even
though he has not yet completed it; if then the
walls seem toppling, the builder must make the
walls solid from his own means.”
 HISTORICAL DEVELOPMENT OF BUILDING REGULATIONS – Global

Development of Building Regulations in Britain

• The Britishers had a long history of legal controls on
building construction - which began in London. A set of
building regulations is attributed to the year 1189.
• The greatest fire hazard occurred in London in 1212,
3000 people lost their lives and thatched roof’s were
banned by the city's first mayor, Henry Fitzalwyn.
• Yet timber framing remained popular for centuries.
• As the population grew, space was at a premium within
city walls. Storey was piled upon storey. By the end of
the Middle Ages tall, jettied timber houses overhung
narrow streets in many a town and city.
London’s Townhouses

The Great Fire of London in 1666 was

the most single significant event which
has shaped the legislation of today.
Great Fire
After the Great Fire legislation was put
of London
in place to prevent fire spread between
in 1666.
the replacement buildings. "District
Surveyors" were appointed to
administer these controls.
http://europeantrips.org/wp-content/uploads/2013/12/The-Great-Fire.jpg
 HISTORICAL DEVELOPMENT OF BUILDING REGULATIONS – Global
Building Acts
• That disaster led to the London Building Act
of 1667, the first to provide for surveyors
to enforce its regulations (incidentally, the
first building codes in the USA, were
established in 1625 and addressed fire
safety and materials for roof coverings).
• By the 18th century same kind of building
control had been established in many
British cities. The London Building Acts
provided prototypes for provincial towns.
• The massive expansion of the population
within the urban areas in the 19th century
together with the poor sanitation, drainage
and water supplies led to very serious
outbreaks of disease.
Child mortality was extremely high.
• In the early Victorian period central
government became concerned about the
conditions of the urban poor. Outbreaks of
cholera created alarm. A series of
government inquiries identified problems of
overcrowding, lack of water and sanitation.
In regard with this the Home Secretary Lord
Normanby proposed a national building Act
in 1841, to apply to all borough councils in
the British Isles. The bill failed.
Public Health Acts
It was a series of Public Health Acts that established a more consistent
apparatus for controlling the urban fabric. The first such Act in 1848 had laid
out the framework of local authority gave power to to make "local Bye Laws"
controlling building construction.
Extension of building regulations
• The Local Government Act of 1858 extended the powers of these local
authorities to regulate the structure of buildings through bye-laws. The
government issued a set of guidelines called the Form of Bye-laws, which
were followed quite closely in the 1860s.
• In the 1950's 1400 sets of Local Bye Laws were in existence all varying in
detail. Designers and Builders were faced with working with too many
varying standards for each separate project. These Model Bye Laws were
revised in 1965.
• The public health act 1965 made provision for the preparation of the first
Building Regulations, these were introduced in 1966 for England and Wales.
• In 1972 a new metric version of the Regulations were published.
• In 1976 all the amendments were consolidated into a new set of Building
Regulations.
• A Government review was initiated in 1979 which advocated scrapping the
existing system and replacing it with an entirely new system that -
is simple to operate and has minimum government involvement
• This review brought about a new Act of Parliament namely the - The
Building Act 1984 which brought together all previous legislation relating to
building and Gave power to charge fees for Building Control services
 MODEL BUILDING BYE-LAWS IN INDIA

MODEL BUILDING BYE-LAWS, 2004

STRUCTURAL SAFETY – Post Bhuj Earthquake disaster, the MBBL-2004 advised compliance with all IS Codes for
Earthquake resistance of buildings.
Achievement: 34/36 States/UT have incorporated norms

BARRIER FREE PUBLIC BUILDINGS – It was advised to make the provisions for Public
and Community buildings (excluding residential buildings).
Achievement: 28/36 States/UT have incorporated norms

MANDATORY RAINWATER HARVESTING – It was advised to make provisions in all new proposed buildings on plots
more than 100 sq.m. including storage or recharge.
Achievement: 30/36 States/UT have incorporated norms

WASTE WATER RECYCLING SYSTEMS – It was advised to make provisions in buildings having discharge volume of
more than 10000 Lt.

ROOFTOP SOLAR WATER HEATING SYSTEMS– It was advised to make provisions in all Public and Community
buildings including residential buildings of plinth area more than 150sqm.

FIRE SAFETY– It was advised to make provisions for all new Public buildings as per NBC 2005 Norms.
Achievement: 36/36 States have incorporated Norms
 REVISION OF MODEL BUILDING BYE-LAWS, 2004

Due to growing environmental concerns, increased safety and security measures the model
-I
building bye laws were revised in 2015

SALIENT FEATURES OF MODEL BUILDING BYE LAWS 2015

Safety and Security:

 Structural Safety – incorporating provisions of Disaster management
as per recommendations of Prof. Arya Committee Report
 BIS Codes for General, Cyclone, Earthquake and Landslide safety
in buildings
 Format for Structural Design Basis Report (SDBR) for various building
types
 Seismic strengthening/retrofitting of buildings
 Preventive measures against “Soft Storeys” in multistoried buildings
 Proof Checking of Structural Design for Buildings
Barrier Free Environment
Adaption for Modern Construction Technology:
 Provisions for High-rise Building regulations
 Parking provisions (Podium and others).
 Peripheral Open Spaces including set-backs
 Disaster Management And Fire Safety
 Environment Protection and Preservation Plan
 Exclusions and exceptions and Structural Safety
 Definitions for High Rise, Plot Area, Means of access
 Building components, Building Services, Helipad

 Building & Site for Differently abled, Elderly and Technology Tools for Governance:
Children.
 Design provisions for Disabled People including Non- Ambulant People Online submission of Building proposal, scrutiny and
(using small wheel chairs) approval systems.
 Site development , Access Path / Walk Way , Timely and integrated systems of intimation to applicant
 Parking, Building requirements Stair, Lifts, of approval status
 Toilets, Designing for Children, Drinking Water,
Generation of Compliance report from drawings for
 Refuge and signage
Completion certificate
 MODEL BUILDING BYELAWS
Implementation of Building bye-laws:
1) Building regulation in India is a state subject
and therefore, states have to adopt these in
their respective states.
2) They are also free to make some changes to
suit local situations and this may even be a
desirable thing to do.
3) Therefore, the key to implementation of these
Model Building Bye laws lies with the state
governments.
4) Further, the actual ground implementation has
to be done by the urban local bodies which
enjoy substantial autonomy as per the 74th
Constitution Amendment Act of 1992.
5) The development authority will provide field
staff for the effective implementation of the
bye-laws.
6) The professional institutions, engineers and
staff will be consulted at the time of framing or
changing the bye-laws.
Issues with Building bye-laws:
• In India, real estate developers have to
adhere to a variety of other rules and
regulations, apart from following the rules
prescribed under the building bye-laws.
• A high level of compliance is often cited, as a
key reason behind project delays, as the time
involved in applying for permissions from
various departments and getting their
approvals is unduly long.
• Aside from central laws, builders also have to
abide by rules set by local development
authorities such as the Delhi Development
Authority (DDA), the Brihanmumbai Municipal
Corporation (BMC), the Bruhat Bengaluru
Mahanagara Palike (BBMP), etc., throughout
the construction cycle.
 GLOBAL CASE STUDY - Jamaica National Building Code

Lessons from Jamaica

• Jamaica lies in earthquake Zone 3 and has a high probability of
major damage from magnitude 6 - 7 earthquakes.
• 70% of buildings are informally designed and built without
professional inputs. Designs are not submitted for code compliance
evaluation.
• The buildings are more unsafe and suffer more damage in any natural
or man-made disaster.
• Many of these buildings are not energy efficient and are
uncomfortable for their occupants.
• Earth quake Probability of 50 year occurrence

• MMI VII – 73% (Very Strong)

• MMI VIII – 44% (Destructive)
• MMI IX – 30%(Violent)
• MMI X – 16% (Cataclysmic)
40 to 70% of buildings are expected to collapse under a major
seismic event.
• Jamaica does not have a mandatory up-to-date Building code.
• Current legal Building code is from 1908.
• Updated code published in 1983 as a policy document and is not
enforceable.
• Caribbean Uniform Building Code (CUBiC) produced in 1985 but it Damage from the 1907
is very old and not a legal document. Earthquake
Source: JamaicaNationalBuildingCode.pdf
 GLOBAL CASE STUDY - Jamaica National Building Code
Need for new building regulations:
• Built environment is a significant component of
our national assets. Buildings use 40% of a
country's energy, so retrofitting older buildings
for safety and energy use is critical.
• Appropriate building codes are amongst the
first lines of defence against damage from
natural hazards, and help to safeguard public
safety.
• In 1995 revision of the Jamaican Building Code
comprising 6 volumes has started Bureau of
Standards was mandated by Government to
complete the revision of the code, but project
stalled for eight years.
• Jamaican Institution of Engineers decided in
2003, to take over the development of a
Building Code for Jamaica.
• Engineers met and decided to abandon the
partially completed work and to adopt the
International Building Codes (IBC) as the base
document, and to develop an appropriate
‘application documents’.
• Private sector stakeholders requested to fund
and participate in this work.
New National Building Code (NNBC)
Recognizes that earthquakes are amongst the major
natural hazards affecting buildings in Jamaica and has
developed data and calculation methods which if used
correctly, can result in buildings that will successfully
resist powerful earthquakes.
Local hazard maps (seismic, high winds, annual rainfall
intensity, land slippage, flood plains, temperature
zones) have been developed and inserted in the
appropriate area of the codes.
Advantages : Staying updated with technological
advances will be easier with these codes and it Improves
quality and safety of the built environment
Best returns from limited resources
Easy access to structured training for Building Inspectors
and others.
The IBC covers construction designs that resist all the
natural disasters which affect Jamaica.
Hurricanes
Earthquakes
Floods
Landslides
Storm Surges Source: JamaicaNationalBuildingCode.pdf
 FIRE SAFETY REGULATIONS
Purpose:
Fire can create a severe threat to the life of numerous residents and affect their occupancies. As per the reports of India
Risk Survey (IRS), fire explosion is the third biggest risk to the business operations. The outbreak of fire not only becomes
the reason for the loss of precious lives but also inflicts massive property loss. To circumvent from the harsh impacts of
fire, one needs to imply the fire safety rules issued by the Government of India. The fire services fall under the provisions
of Article 243W Twelfth Schedule in the Constitution of India.

History of Fire Services

•The regular fire service in India was brought into existence about 215 years back. Firstly, the service got set up in
Bombay (1803), succeedingly in Calcutta (1822) then in Delhi(1867) and lastly in Madras (1908).
•According to the report released in 1997 by the Ministry of Home Affairs, there were approximately 1754 fire stations.
• Furthermore, about 278 trailer-made fire stations were exclusively running in the industrial realm in 1997.
•As per the Annual Report (2009-2010) of Ministry of Home Affairs, in the year 2009, the Centrally Sponsored Scheme on
reinforcing the Fire and Emergency Services in India got an approval by the Government.
•The objective behind the Scheme was to strengthen the services of fire and emergency in our country and progressively
revamp it into Multi-Hazard Response Force, efficient in acting as the first responder in an emergency case.
•The Centrally Sponsered Scheme also provided additional 277 Advanced Fire Tenders, 573 Quick Response Team Vehicles
at District Headquarter Fire Brigades.
•To discover the exact requirement of rescue and firefighting equipment, the Ministry of Home Affairs decided
to implement a Fire Risk and Hazard Analysis in India.
•The National Building Code (NBC) in India states on matters of building construction and fire safety. As per the code, fire
prevention and fire protection is a subject of the state. The key responsibility for fire protection and fire prevention lies
on the shoulders of the State Government.
•The fire safety rules for the prevention and protection will set in the form of Municipal By-Laws or State Regulations.
 FIRE SAFETY REGULATIONS

Issues of fire safety rules in India

• Several high-rise builders and contractors were founded to disregard the fire safety rules. Besides that, even the occupiers do
not perform their duty of regular maintenance of the fire prevention systems installed in their homes or offices.
• Although the Fire Safety Audit is known to be an efficient tool for the assessment of fire safety standards in an occupancy,
there are no provisions for fire safety legislation in India concerning the objectives, scope, methodology, and periodicity of the
Fire Safety Audit.
• The NBC took a stern step in 2016 by suggesting a periodical fire safety inspection by the personnel residents of the buildings
to assure fire safety standards.

Fire Safety Rules- by the Indian Government

The provisions issued by the Maharashtra Fire Prevention and Life Safety Measures Rules, 2009, were formed under the
Maharashtra Fire Prevention and Life Safety Measures Act, 2016. Following is the list of fire safety rules which the Government has
made mandatory for building owners:
 As per the new norms, the residents need to conduct Fire Safety Audits in every half-yearly and submit its report to the
regulated fire department.
 Hazard Identification & Risk Assessment (HIRA) shall focus on identifying potential hazards.
 A comprehensive Fire Safety Audit will address the inherent fire hazards of the daily activities in occupancy and shall
recommend fire measures to reduce them.
 Each Municipal Corporation having a population of more than 1 million must put in a fire hazard response and prevention
plan for their respective jurisdictions.
 13th Finance commission recommendation on fire safety must get implemented.
 The Urban Local Bodies (ULBs) shall provide financial support to State Fire Services Department.
 To reduce the rate of fire incidents in our country, the Fire Safety Audit must be made mandatory across India,. As prevention
is better than cure, the only way to get successful fire prevention is by the active cooperation from all sectors, whether
commercial or residential.
 AIRPORT REGULATIONS

(i) Building Restrictions

(1) For building activity within the Restricted Zone / Air Funnel Zone near the airport, necessary clearance from
the concerned Airport Authority shall be obtained.
(2) The building heights and other parameters shall be regulated as per the stipulations of the Airport Authority
of India as notified in Gazette of India.
(3) Irrespective of their distance from the aerodrome, even beyond 22km limit from the Aerodrome Reference
Point, no radio masts or similar installation exceeding 152m in height shall be erected except with the prior
clearance from Civil Aviation Authorities.
(4) In respect of any land located within 1000m from the boundary of Military Airport no building is allowed
except with prior clearance from the concerned airport authority with regard to building height permissible
and safe distance to be maintained between the building and boundary of the aerodrome.

(ii) Other Structures

a) No chimneys or smoke producing factories shall be constructed within a radius of 8km from the Airport
Reference Point.
b) Slaughter House, Butcheries, Meat shops and Solid Waste Disposal Sites and other areas for activities like
depositing of garbage which may encourage collection of high flying birds, like eagles and hawks, shall not
be permitted within 10 km from the Airport Reference Point.
c) Within a 5km radius of the Aerodrome Reference Point, every structure/installation/building shall be
designed so as to meet the pigeon/bird proofing requirement of the Civil Aviation Authorities.
 TRANSFERABLE DEVELOPMENT RIGHTS

Transfer of Development Rights (TDR) is a voluntary, incentive based planning tool that allows landowners to sell
development rights from their land to a developer or other interested party who then can use these rights to
increase the density of development at another designated location. While the seller of development rights still
owns the land and can continue using it, an easement is placed on the property that prevents further
development. A TDR program protects land resources at the same time providing additional income to both the
landowner and the holder of the development rights (Planning Implementation Tools, 2005).

Historical background:

The history of TDR dates back to 1950s

when the concept was first introduced in
Europe. It was primarily used for
developing agricultural land. In India, it
came into existence in the 1980s. Mumbai
implemented this scheme to develop slum
areas in the 1990s, while Hyderabad uses
TDR for its road widening projects.

“Accommodation Reservation” means a plot of land reserved for public purpose, where land owner has an option
of handing over the specified part of land along with developed amenity to Municipal corporation, for the
intended public purpose free of cost and free from any encumbrances and developing balance land with
permissible basic FSI and Development Right (DR) potential of the entire plot with the provision of these
regulations.
 TRANSFERABLE DEVELOPMENT RIGHTS
3 components of TDR:
(1) Development Rights: Land ownership is commonly described as consisting of a bundle
of different rights. Usually when someone purchases land they purchase the entire
bundle of rights that might be associated with the land. Owning a development right
means owning right to build a structure on the parcel. Development rights may be
voluntarily separated and sold off from the land.
(2) Sending Sites: Parcels that have productive agricultural or forestry values, provide
critical wildlife habitat or provide other public benefits such as open space, regional
trail connectors or urban separators. The sending areas can be environmentally-sensitive
properties, open space, agricultural land, wildlife habitat, historic landmarks or any
other places that are important to a community. By selling the development rights,
landowners may voluntarily achieve an economic return on their property while
maintaining it in farming, forestry, habitat or parks and open space.
(3) Receiving Site: The receiving areas should be places
that the general public has agreed are appropriate for
extra development because they are close to jobs,
shopping, schools, transportation and other urban
services. Development rights that are “sent” off of a
Owning a development right means that you own the right
to build a structure on the receiving parcel. Development
rights may be voluntarily separated and sold off from the
land (sending site) and placed on a receiving site.
 TRANSFERABLE DEVELOPMENT RIGHTS

HOW IT WORKS:
A transfer of development rights (TDR) program allows additional density where the community wants to grow in
exchange for preservation of sensitive areas that the community wants to protect from future development. This
tool requires an adopted plan that clearly identifies areas the community desires to preserve or protect from
development (“sending areas”) and areas where growth and development are encouraged (“receiving areas”).
A potential developer who owns property in a receiving area may purchase development rights to boost
their overall development potential; that additional potential could come in the form of additional buildings,
additional height, additional density, or some other form established by the jurisdiction. Similarly, a property
owner in a sending area may have limited building potential, but can realize a financial return by selling their
development rights to an owner in a receiving area (Strengthening Incentives Planning for Hazards, 2010).

MAIN PURPOSE OF TDR:

 To plan community growth by regulating the location and timing of growth.
 To preserve architectural landmarks.
 To preserve open space or agricultural land within a community.
 To encourage construction of moderate or low income housing.
 To protect ecologically sensitive areas.
 To balance the large increases or decreases in property values that result from public investment in
neighbourhoods making them less or more desirable locations (Pedowitz, 1984)
 TRANSFERABLE DEVELOPMENT RIGHTS
STEPS FOR IMPLEMENTATION OF TDR
TDR GUIDELINES:
There are four elements in successful TDR programs:
 TDR are not received for
Designate a preservation zone (Sending Area). Identify target areas that plots less than 12 m in
the community desires to protect (i.e. contiguous blocks of productive width;
farmland or sensitive natural resources).
 Existing floor area for
Designate an urban growth zone (Receiving Area) Identify target areas in receiving plot shall not exist
the community where development is desirable (i.e. near businesses, 0.6 times the FAR
existing urban services, along a transportation corridor).
 TDR should be used in less
Determine a market for development rights TDRs only work when a intensified zones. High
demand exists for development rights. It is important that long-term growth density areas have minimum
expectations exist for receiving areas to assure landowners in the sending TDR absorbing capacity,
areas that their development rights have value. Adequate incentives must conversely low and medium
be provided to landowners before they will sell development rights. density localities have higher
Define TDR Procedures and Transfer Ratio TDR procedures include potential to absorb TDR.
establishing what will be used to determine the number of development  For administrative
credits received (i.e. acres protected, amount of prime agricultural soil, conveyance, it would prove
value of the land) and determining how many additional units a developer beneficial if the TDR
will receive per credit. Guidelines should also be set up to aid staff in their sending-receiving and other
role as cooperation between landowners and developers (Planning legalities are set ward wise.
Implementation Tools, 2005) .
 TRANSFERABLE DEVELOPMENT RIGHTS

CHALLENGES FOR TDR:

 High Property Rates and Citizens unwilling to give up ancestral properties.
 In core area, huge no. of tenants ineligible for any compensation under TDR due to smaller plots.
 Inadequate receiving areas: Without adequate receiving areas, there is no market for TDR. Sufficient
participants on both sending and receiving areas help to generate transactions and stabilize the market price
of TDR.
 Lack of infrastructure and amenities to support increased density. If it requires the developer to upgrade the
infrastructures, it will impair the interest of the participants.
 Insufficient demand for development/density
 TDR is a market-based tool, thus, the demand for additional density is a necessary successful condition for
TDR programs.
 Weak financial equation for buyers and/or sellers. There is a need to balance the transaction price that can
benefit both the owner and the developer. If the price is too low, the landowners are not willing to
participate. If the price is too high, the developers have little interests in it. So the transaction price and
exchange rate need to be considered carefully.
 Lack of program leadership and transaction support (H.W.CHAN, 2014)
 TDR PRACTICE IN INDIA

Although TDR program appears to be a potentially powerful land use tool, only a few
cities have had success in using this tool;
• Bangalore: DRCto used in same/less intensified zone; TDR not to be received for plots less
than 12 m in width; Existing floor area for receiving plot shall not exist 0.6 times the
FAR.
• Chennai: FSI in form of DRC equals surrendered land area into 1.5 the FSI further by a
factor arrived by dividing the guideline value of the surrendered land with the
guideline value of land at which development regulations transferred is received.
• Hyderabad: TDR arrived on basis of relative land value, equivalent in both
export/import areas; TDR not allowed in unauthorized buildings; Only for buildings
above 15m incentive to TDR is applicable; Max FSI must not be more than 1/3rd of
normal FSI.

• Greater Mumbai: Resultant FSI on utilizing plot not to exceed 0.4 times of original plot.
TDR receiving plot is not eligible for more than 100% additional FSI provided 20% FSI is
mandatorily kept for use of TDRfor slum rehabilitation

• Pune: DRC shall not be used in zone A/dense TDR Road Heritage Reservation Slums Amenity
areas. DRC not to be used on plots for Indian Cities
housing schemes for slum dwellers for Bangalore  
which additional FSI is permissible. In zone B Chennai 
DRC not to be used in front of specified Hyderabad   
arterial roads (30m). Greater Mumbai    
Pune    
(Source: ITPI 60th National Town Planners Congress 2012, Mysore)
CASE STUDY : MUMBAI - TRANSFERABLE DEVELOPMENT RIGHTS
CaseStudyof Greater Mumbai

Concept of Transferable Development

Right in Mumbai introduced in
Development Control Rules, 1991 of the
Mumbai Municipal Corporation to
accelerate and encourage the acquisition
of reserved plots of land and eliminate
the concept of monitory compensation
to the owners.
• On 25th March 1991, the State
Government allowed the use of TDRs as
an alternative to compulsory land
acquisition.
• Zoning is done forTDRtransfers as;
- Island City - Suburban city -
Slums

TDR ZONES
• Plots in island city cannot receive TDR.
• Generally TDRreceiving areas are north of the Sending zones.
• TDRis generated from Road, Reservations,Slums and Heritage.
• Over 60%of population of Mumbai is estimated to be living in slums.
• A Slum Rehabilitation Authority has been instituted as planning authority for all
slum areas, which awards developers of slum land with TDR in place of monetary
compensation.
 CASE STUDY : MUMBAI - TRANSFERABLE DEVELOPMENT RIGHTS

TDR AND FSI ZONING

• Island City has FSI=1.33and can only serveasTDR sending zone.

• Mumbai suburban has FSI=1 and can both send and receive TDR. Receiving
plot must be in same ward or any other ward north to sending plot.

Ward densities and TDR:

• High density areas have minimumTDR absorbing capacity.

• Conversely low and medium density localities havehigher potential

to absorb TDR.

• For administrative conveyance, the TDR sending-receiving and other

legalities are set wardwise.

Issues for TDR utilization in Greater Mumbai.

(Source: MMRDA report)
• Mumbai TDRmarket dominated by four major companies holding over 80 percent of TDRstock.
• Government has very limited control on TDRprices and does not regulate it.
• TDR can be easily hoarded and monopoly in TDR market established, creating
artificial rise in real estate prices
• TDRpolicy causing construction spree in suburbs , putting load on its limited infrastructure.
• Process of TDRutilization takes 2-3 years, about same as land acquisition with returns at par with compensation.
• Market volatility high due to speculations and long process of TDRtrading.
 CASE STUDY : BANGALORE- TRANSFERABLE DEVELOPMENT RIGHTS

• Bangalore, the 5th largest metropolitan city in India Zone1

TDR ZONES IN BANGALORE
as per provisional 2011Census. • Core area consists ofthe historic
• The Karnataka Town Planning Act 1961, vide petta.
section 14(B) which was introduced in June • The Administrative Centreand
2004 deals with TDRfor acquiring lands for the CBDand the peri-centralarea
public purpose which includes road Zone2
widening.
• Recent extensions (2003) of
• Implementing agencies -Brahut Bangalore
the City flanking both sides
Mahanagara Palikae.
of the Outer Ring Road
portiontermed as a shadow
Conditions
area.
• DRCto used in same/less intensified zone;
• TDRnot tobe received for plots less than 12m in width Zone 3
• Existing floor area for receiving plot shall not exist • New layouts
0.6 times the FAR • vacant lots and
• When surrendered land has FSI of 2/more additional • Agricultural
FSI as TDRis 0.25 • Green belt
• including small villages
ProblemsinutilizationofTDR
In Bangalore the TDR market is not fully developed due to High Property Rates and Citizens unwilling to give up ancestral properties. In core area,
huge no. of tenants were ineligible for any compensation under TDR due to smaller plots and New property holders are deterred from
accepting TDR and moving on because of the rising property price. Of 83 proposed road for widening, only three to four implemented through
TDRprocess. Success of TDRin Bangalore limited due to lack of information about TDRpractices among DRCholders.

RecommendationforTDR practicesinIndia:TDRshould be implemented synchronously with urban planning and zoning regulations. Integrated approach
needs to be undertaken with other planning tools for successful implementation of TDR program. Effective trading mechanism be set up to
make it lucrative for stakeholders. Educating programs are necessary to bring acceptance for the TDRsystem as a fuel for UrbanRenewal.
 REFERENCES

• MODEL BUILDING BYE LAWS - http://mohua.gov.in/upload/uploadfiles/files/MBBL.pdf

• Airport Development Authority (HADA) Development Promotion Regulations approved vide G.O. Ms. No.287
MA&UD Dt:03-04-2008
• https://lrsbrs.hmda.gov.in/hmdaLMS/data/168.pdf
• National Building Code Part-IV (Fire Safety regulations)
• https://urban-regeneration.worldbank.org/node/39
• VIDYADHAR DESHPANDE, (2005). Valuation of Transferable Development Rights (TDR), Institution of Valuation.
Pune.
• https://blog.ipleaders.in/need-know-zoning-rera/

• NISHACHHEDA, URP-1103.An inquiry into the effectiveness of transfer of development rights as a

development tool -Acase of greater Mumbai. School of Planning, Delhi.

• Government of Maharashtra, MMRDA (2001), Regional Plan for Greater Mumbai.

• Transfer of development rights (tdr) as an instruments for spatial planning implementation: case of bengaluru
metropolitan area (bma) by dr. H. S. Kumara