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Course no.

Plan 403
Presentation on
Course Name: Legal Basis of Planning

Private residential land


SUBMITTED BY:
GROUP 5

development rule, 2004


SK. ADHIRAJ RAHMAN (1315002)
ATIF IBNE ZOHA SREEZON (1315004)
SARAF ANJUM DISHA (1315024)

25 JANUARY, 2018
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Overview of the rule
Formulated in

26 February, 2004
Under Section 102 of
The Town Improvement act, 1953 (E.B. Act XIII of 1953)

Under Section 18 of

The Building Construction Act. 1952 (E.B. Act II of 1953)

Under Section 13 of

Conservation of playground, open space, park and natural water


Reservoirs in the urban areas of metropolitan, divisional and district, 2000

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Overview of the rule
Effective Area: Masterplan formulated under

The Town Improvement act, 1953 (E.B. Act XIII of 1953)

The Building Construction Act. 1952 (E.B. Act II of 1953)

Authority

Rajdhani Unnayan Kartripakkha (RAJUK)


Established under Section 3 of The Town Improvement act, 1953 (E.B. Act XIII of 1953)

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Definitions
Code

Bangladesh national building code, 1993


Organizer

Any individual, company, institution, Partnership Business,


Commercial organization, Real estate, Developers, Association,
organization

Environment

Defined under Section 2 of Bangladesh environment Act, 1995

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Section 3: Registration of Organizers
Documents needed for registration according to sub-section 2:
• Trade license
• TIN Number
• VAT Registration number
• Memorandum of Understanding (MoU), Articles of association including Certificate of Incorporation and
Registration Certificate
• Proof of technical qualification

45 days to evaluate the application

30 days to collect the fee and provide registration certificate

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Section 5: Registration of Layout Plan
Formulator
Documents needed for registration according to sub-section 2:
• Attested photocopy of educational qualification certificate and marksheet
• Trade license
• TIN Number
• VAT Registration number
• Memorandum of Understanding (MoU), Articles of association including Certificate of Incorporation and
Registration Certificate
• Proof of technical qualification

45 days to evaluate the application

30 days to collect the fee and provide registration certificate

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Section 6: Conditions for approving private residential
project
1. Completion of the whole development project within 10 years of the approval of final layout plant and development
plan.
2. Layout plan should be reserved and displayed at the site office.
3. Layout plan can not be modified without the permission of the authority.
4. Land height must be above the highest flood level.
5. The flow of rivers and wetlands can not be obstructed.
6. Utility providers should be consulted.
7. Project should not cause water clogging around the area.
8. Records need to provided to the authority each year at 31st January – list of all plots and sale of previous year.
9. Land marked for community facilities can not be changed to residential or non-residential plot.
10. EIA of the project needs to be submitted to the authority under the Environment Conservation Act, 1995.
11. Waste Water & Sewerage Treatment Plant Composting Plant construction.
12. Building construction according to The Building Construction Act, 1952.

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Section 7: Land ownership and compensation

Absolute and Inexhaustible Ownership


On 100% land

10% of the land


Can be acquired with the help of the Government.

Compensation of price 50% more than the actual price


Rehabilitation plot in half the price
Under The Acquisition and Requisition of Immovable Property Ordinance, 1982

Original Owner refers to -

Person living on the plot from or before 1971 or


Is the heir to the plot from the CS Record.
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Section 8: Project area and Population

Minimum 5 acre
Inside Dhaka City Corporation

Maximum 10 acre
Outside Dhaka City Corporation

350 person/acre
Gross Density

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Section 9: Community Facilities

Maximum 70%
Land will be saleable.

Rest 30% allocated


For community facilities mentioned in Schedule 3: Space Standards for Community Facilities.

Wetlands
Will not be included in the 30% land.

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Section 10: layout formulation conditions
GPS Based Survey- Existing topographical survey map should include agricultural, non-agricultural, non-residential,
residential lands and location of wetlands
Beautification, Transport system, water clogging drainage should be considered
Utility facilities, community facilities must be highlighted in the detailed layout plan
a) Detailed plan should be made for each block/sector/zone/neighborhoods
Traffic circulation should be considered
Primary road right of way minimum = 60ft
Secondary road right of way minimum = 40ft
Internal/Access road right of way minimum = 25ft
b) Detailed Road Plan should be created in which Road Divider, Median Strip, Footpath, Plantation etc. will be shown.
Provisions must be made for Road Intersections, Foot-over bridges, Pedestrian facilities etc. by the developer's own
expense and Development rules, codes and standard specifications must be followed.

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Section 10: layout formulation conditions
The minimum community facility requirements should be provided for private residential land development-
a) land much be allocated for the necessary community facilities including - road network, educational facilities, kutcha
bazar, shops, health centers, religious facilities, community center, graveyard etc. and they should be assigned to the
local government or municipality
b) area should be allocated for health centers, clinics, hospitals etc on the basis of population and household size and
they should be assigned to the Health Ministry. With the permission of the authority, these health facilities or the areas
allocated will be sold to interest groups
c) to ensure a healthy environment and for recreational purpose, land must be allocated for fields, parks and other green
areas on the basis of population and household size. After receiving permission from the public welfare authority, the
developer should develop these facilities stated at their own expense and then hand them over to the authority.
d) provisions for utility facilities including water supply, sanitation, waste management, electricity supply, gas supply,
telecommunication facilities, police station, fire service, post office, bus stands etc should be made. They should be
assigned to interest groups corresponding to the type of utility service. The interest groups include - WASA, Municipal
Authority, DESA/DESCO/IRB, Titas Gas, T&T, Police, Fire Brigade and Post office related institutions.

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Section 10: layout formulation conditions
e) Provision of the following facilities must be ensured-
i) at least one, regardless of how small it is, nursery school
ii) number and areas of primary and secondary schools, colleges and higher educational institutions provided on the
basis of population and households and allocation of play field(s) with each school
iii) in case of colleges and higher educational institutions, attraction of population of from outside areas must not affect
the lives and environment of the residents of the area. Designs should also be made for them.

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SECTION 11
Planning scheme and consultancy- Before designing a private residential area, the developers must consult with the
authorities in the following cases-
a) Once approved after the completion of the layout plan and land clearance, if a developer fails to start the work within
6 months, by following the Schedule-1, new plan should be made and approval from the authority again must be
obtained or else any work done onwards will be considered illegal
b) When taking a new project for residential development, consultancy is needed regarding-
i) Neighboring Environment's condition, Project Site and Land Use as stated in Schedule-1
ii) Master Plan
iii) Land Survey
iv) Land Uses etc.
c) If development plan is made on restricted areas such as wet-land, flood-flow zones, drainage basins etc., it must be
stated to the developer by the authority and failure to do so will lead to legal actions being taken against the person who
failed to let the developer know so.
d) No pre-approval will be given in cases of violation of rules stated in section 1.

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Section 12: Formulation of primary layout
plan
• After consultancy, the developer must provide the land ownerships and layout plan to the authorities for evaluation
• After analyzing the proposals made by the developer, it will be held for Committee discussion within 60 working
days from application
• The committee will provide the corrections and necessary changes to the developer within this period of time
• A hearing will be held regarding the land ownerships and review on the layout plan

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Section 13: Formulation of Final layout plan
• After the corrections and changes are associated by the applicant, the layout plan will be reviewed one last time and
finalized
• The committee will have to let the applicant know within 30 days if any further changes are needed.
• After the corrections and changes are associated by the applicant, the layout plan will be reviewed one last time and
finalized
• The committee will have to let the applicant know within 30 days if any further changes are needed.

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Section 14: Process of application of approval

Required papers
1. Layout plan, drainage plan, traffic circulation plan, utility plans should be submitted
2. Facilities of the given area
3. Required clearance: EIA report, pre-feasibility report, earthquake vulnerability report, papers of organizer’s which
are attested, detailed land use schedule
4. Site plan in 1’:330’ scale over mouja map, location map on CS/RS map will be given
5. Existing Topographical Survey map showing all features of interval contour
6. Clearance from DESCO/DESA, WASA, Telecommunication board, Environmental Directorate.

Submitted to
Director of RAJUK

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Section 15: Process of application of
correction, renewal, reauthorization

All documents mentioned in section 14

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Section 16: settle, authorization, publicity of
application
Settle days
Within 150 days of application

Signboards of the project


No signboards before approval

Certificate of supervision
By Urban Planners, Architects and Engineers

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Section 17: fees related to the project
fees
3000 taka/acre

Changes in the project


25% extra of the fees for change in layout without increasing area
50% extra of the fees for change in both layout and increase in area

Cancellation of plan
If not completed within 10 years of approval

Submission place
Any bank authorized by Bangladesh Bank as pay order or bank draft

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Schedule 3: Space Standards for Urban
Community Facilities in acres by Population
size
EDUCATION
HEALTH
COMMUNITY
ORGANIZATION
Recreation
COMMERCIAL
Residential
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Schedule 3: Space Standards for Urban
Community Facilities in acres by Population
size
Community Facilities
Size of Population
Facility per
1000
2500 5000 10000 15000 20000 25000 50000 100000 150000
Population

EDUCATION                    
Nursery 0.2 0.4 0.8 1.2 1.6 2.0 4.0 8.0 12.0 0.08
Primary School 0.3 0.6 1.0 1.2 1.6 2.0 4.0 8.0 12.0 0.08
Secondary School     1.2 1.5 2.0 2.5 5.0 10.0 15.0 0.10
College*       1.2 1.6 2.0 4.0 8.0 12.0 0.08
HEALTH                    
Small Clinic*       0.6 0.8 1.0 2.0     0.04
Hospital*               4.0 6.0 0.04
COMMUNITY ORGANIZATION                    
Community
0.1 0.2 0.5 0.6 0.8 1.0 2.0 4.0 6.0 0.04
Center/Mosque
RECREATION                    
Play-Ground/
0.5 1.0 1.0 1.2 1.6 2.0 4.0 8.0 12.0 0.08
Play-field
Park 0.5 1.0 1.5 1.8 2.4 3.0 6.0 12.0 18.0 0.12
COMMERCIAL                    
Corner Shop/ Market/Kutcha
0.2 0.3 0.5 0.6 0.8 1.0 2.0 4.0 6.0 0.04
Bazar*
ROADS                    
Residential
0.9 1.7 3.5 5.0 6.8 8.5 17.0 34.0 51.0 0.34
Roads**
Total Area for community Facilities
2.7 5.2 10.0 14.90 20.0 25.0 50.0 100.0 150.0 1.00
(minimum)
Net Residential
4.44 9.08 18.5 27.95 37.14 46.43 92.85 185.71 278.57  
Area
Gross Residential
7.14 14.28 28.57 42.85 57.14 71.43 142.85 285.71 428.57  
Area
Persons per Area 350 350 350 350 350 350 350 350 350  
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