THE KARACHI BUILDING & TOWN PLANNING REGULATIONS, 2002
CONTENTS
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Regulations
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Particulars
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Page No.
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CHAPTER 1
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JURISDICTION
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| 1-1 | Short title and commencement and extent | |
| 1-2 | Application of Karachi Building & Town Planning Regulations | |
| 1-3 | Exemption form building regulations | |
| 1-4 | Delegation of Powers and Duties | |
| 1-5 | These Regulations shall supercede the Karachi Building & Town Planning Regulations, 1979 | |
| Schedule 1A CONCERNED AUTHORITIES | ||
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CHAPTER 3
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PERMITS & PROCEDURES
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| 3-1 | General | |
| 3-2 | Permits & Procedures Building Works | |
| 3-3 | Permits & Procedures Land Development | |
| Schedule 3A-Scrutiny Fee | ||
| Schedule 3B-Built up areas in which general development permits may be granted in the absence of a detailed plan | ||
| Schedule 3C-Public Notice for change of land use | ||
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CHAPTER-4
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LICENSING/REGISTRATION OF
PROFESSIONALS
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| 4-1 | Qualifications | |
| 4-2 | Manner of Grant of License | |
| 4-3 | Licensing Committee | |
| 4-4 | Functions of the Licensing Committee | |
| 4-5 | Registration & De-Registration | |
| 4-6 | Validity period of licence | |
| 4-7 | License & renewal fees | |
| 4-8 | Revocation of license | |
| 4-9 | Appeal against the Decision of licensing committee | |
| 4-10 | Reasons for cancellation/suspension of license | |
| 4-11 | Period of suspension | |
| 4-12 | Committee for Enlistment of proof engineers | |
| Schedule 4A Registration/licensing fees | ||
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CHAPTER 5
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PUBLIC SALE PROJECTS
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| 5-1 | No objection certificates for sale of units in buildings | |
| 5-2 | No objection certificate for sale of plots in public sale projects | |
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CHAPTER 6
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VIOLATIONS OF LAND DEVELOPMENT
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| 6-1 | Removal of prevention of violation | |
| 6-2 | Enforcement by MP & ECD | |
| 6-3 | Appeals | |
| 6-4 | Finality of orders or determinations | |
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CHAPTER 7
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DANGEROUS BUILDINGS
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| 7-1 | General | |
| 7-2 | Technical committee on Dangerous Buildings (TCDB) | |
| 7-3 | Buildings unfit for human habitation and notice of prohibition | |
| 7-4 | Alteration/Modification/Updates for Repairs of Dangerous Buildings of Category 2 | |
| 7-5 | Demolition of Dangerous Buildings on expiration notice period | |
| 7-6 | Extension of period for repairable Buildings | |
| 7-7 | Evacuation of Dangerous Buildings | |
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CHAPTER 8
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TEMPORARY WORKS IN CONNECTION
WITH BUILDING OPERATIONS (SAFETY AND SECURITY MEASURES)
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| 8-1 | Site Hoardings | |
| 8-2 | Use of public streets | |
| 8-3 | Obstruction to be lit and marked | |
| 8-4 | Utility Services not to be Obstructed | |
| 8-5 | Removal of Obstruction after Completion of Works | |
| 8-6 | Dangerous Obstruction | |
| 8-7 | Stability of Adjacent Buildings | |
| 8-8 | Filling of Excavated Site | |
| 8-9 | Adequate Safety Measures | |
| 8-10 | Supervision of Demolition Work | |
| 8-11 | Safe Loading | |
| 8-12 | Scaffolds | |
| 8-13 | Road side Protection | |
| 8-14 | Working Platform | |
| 8-15 | Guard Rails | |
| 8-16 | Ladders | |
| 8-17 | Work on Sloping Roofs | |
| 8-18 | Precautions for Raising and Lowering Loads | |
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CHAPTER 9
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SPACE REQUIREMENTS IN AND
ABOUT BUILDINGS
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| 9-1 | Space for Electrical sub station | |
| 9-2 | Method of measuring minimum clear space | |
| 9-3 | Separate approach for every building | |
| 9-4 | Projections beyond property limits | |
| 9-5 | Allowable projections | |
| 9-6 | Residential buildings | |
| 9-7 | Commercial Buildings | |
| 9-8 | Staircases | |
| 9-9 | Lifts | |
| 9-10 | Minimum Requirements of Places of Assembly | |
| 9-11 | Godowns and Warehouses | |
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CHAPTER 10
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LIGHTING AND VENTILATION
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| 10-1 | Size of external openings | |
| 10-2 | Size of internal openings | |
| 10-3 | Internal Air Wells | |
| 10-4 | Permanent Opening in Kitchen | |
| 10-5 | Water Closet, bath room and ablution places | |
| 10-6 | Garages | |
| 10-7 | Staircases | |
| 10-8 | Mechanical Ventilation and central Air-conditioning waiver & minimum requirement | |
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CHAPTER 11
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BUILDING STRUCTURE DESIGN
AND CONSTRUCTION REQUIREMENTS
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| 11-1 | Loads and Design | |
| 11-2 | Seismic Design | |
| 11-3 | Sub Soil Investigation | |
| 11-4 | Wind Load | |
| 11-5 | Erection on Reclaimed site | |
| 11-6 | Protection of existing services | |
| 11-7 | Foundation near drains | |
| 11-8 | Specifications | |
| 11-9 | Testing of materials | |
| 11-10 | Supervision | |
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CHAPTER 12
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WATER SUPPLY, DRAINAGE &
SANITATION
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| 12-1 | Water Service Pipe | |
| 12-2 | Minimum Storage capacity for Category IV Buildings | |
| 12-3 | Recycling plant and treatment of effluent/sewage | |
| 12-4 | Sanitation and Solid Waste | |
| 12-5 | Digester/Septic tank | |
| 12-6 | Soil Pipes, waste pipes and ventilating pipes | |
| 12-7 | Sanitary provisions | |
| 12-8 | Manholes and inspection chambers | |
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CHAPTER 13
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FIRE RESISTANCE AND FIRE
PRECAUTIONS
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| 13-1 | General | |
| 13-2 | Stand Pipes System | |
| 13-3 | Automatic Sprinkler system | |
| 13-4 | Sprinkler system construction | |
| 13-5 | Manual fire extinguishing equipment | |
| 13-6 | Installation of interior fire alarm system | |
| 13-7 | Signal stations | |
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CHAPTER 14
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FIRE RESISTIVE STRUCTURAL
REQUIREMENTS
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| 14-1 | Fire Resistance | |
| 14-2 | Test of fire resistance | |
| 14-3 | External Walls | |
| 14-4 | Separating walls and fire walls | |
| 14-5 | Compartmentalization | |
| 14-6 | Construction of fire walls | |
| 14-7 | Openings in fire walls | |
| 14-8 | Direct Access for Ground Floor and Above | |
| 14-9 | Protected Shafts | |
| 14-10 | Fire Resistant Doors | |
| 14-11 | Miscellaneous Provisions | |
| 14-12 | Enclosures for Cinematographic Equipment | |
| 14-13 | Steel and Metal Structures | |
| 14-14 | Air Conditioning Ducts | |
| CHAPTER 15 | ||
| PRESERVATION OF HERITAGE BUILDINGS | ||
| 15-1 | Definition | |
| 15-2 | Designation and Declaration of Special Interest Structures | |
| 15-3 | Approval of Building Plans for Heritage Buildings | |
| 15-4 | Approval for Demolition, Alteration or Extension | |
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CHAPTER 16
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WIDENING OF ROADS
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| 16-1 | Definitions | |
| 16-2 | Notification of Road Widening Scheme | |
| 16-3 | Roads under Road Widening Scheme | |
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CHAPTER 17
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STANDARDS FOR LAND DEVELOPMENT
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| 17-1 | General Standard/Area Standards | |
| 17-2 | Amendments to General Standards or Area Standards | |
| 17-3 | Declaration of Interim Control Areas | |
| 17-4 | Schedule 17A Areas Designated as interim control area | |
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CHAPTER 18
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SUB-DIVISION AND AMALGAMATION
OF LAND AND CHANGE OF LAND USE
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| 18-1 | Major Sub-Division and Minor Sub-Division | |
| 18-2 | Conditions for special development permits for Major Sub-Division | |
| 18-3 | Sub-Division and Amalgamation of plots | |
| 18-4 | Change of land use | |
| 18-5 | Commercialization of plots | |
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CHAPTER 19
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GENERAL STANDARDS: LAND USE
CLASSIFICATION
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| 19-1 | General | |
| 19-2 | Urban Uses - Residentiary | |
| 19-3 | Urban Uses - Non-Residentiary | |
| 19-4 | Semi Urban Uses | |
| 19-5 | Non-urban Uses | |
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CHAPTER 20
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GENERAL STANDARDS: BULK AND
SPATIAL
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| 20-1 | Plot Areas | |
| 20-2 | Plot Shape | |
| 20-3 | Density Standards | |
| 20-4 | Land Allocation | |
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CHAPTER 21
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GENERAL STANDARDS: HIGHWAYS,
MAJOR ROADS, BOULEVARDS, STREETS AND LANES
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| 21-1 | Pedestrian Lanes | |
| 21-2 | One way streets (Types A, B, C) | |
| 21-3 | Two way streets (Types D, E, F, G) | |
| 21-4 | Highways, Major Roads and Boulevard (Types H, I & others) | |
| 21-5 | Visibility at Cross Roads | |
| 21-6 | Street Lines and Building Lines | |
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CHAPTER 23
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GENERAL STANDARD: COASTLINE
RECREATION DEVELOPMENT
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| 23-1 | Interim control area | |
| 23-2 | Sectors of Karachi Coastal Zone | |
| 23-3 | Environmental Planning Zones | |
| 23-4 | Utilization area (areas for planning) | |
| 23-5 | Building Regulations | |
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CHAPTER 24
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PARKING REQUIREMENTS
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| 24-1 | Scope | |
| 24-2 | General Conditions | |
| 24-3 | Car Lifts | |
| 24-4 | Application of Parking Requirements | |
| 24-5 | Parking Requirements for other uses | |
| 24-6 | Standards for parking spaces | |
| 24-7 | Exemption from provision of parking space | |
| 24-8 | Lighting standard for parking lot | |
| CHAPTER 25 | ||
| ZONING REGULATINS/AREA STANDARDS | ||
| 25-1 | Introduction | |
| 25-2 | Residential | |
| 25-3 | Commercial | |
| 25-4 | Flat Sites Category | |
| 25-5 | Amenity Plots | |
| 25-6 | Industrial Areas (other than defined in clause 25-9) | |
| 25-7 | Cottage industries, work shops, godowns | |
| 25-8 | Dairy plots | |
| 25-9 | Old city areas | |
| 25-10 | Cinema Houses | |
| 25-11 | Petrol Stations | |
| 25-12 | CNG Stations | |
| 25-13 | Religious buildings | |
| FIGURE-1 | ||
| FIGURE-2 | ||
| FIGURE-3 | ||
| FIGURE-4 | ||
| FIGURE-5 | ||
| FIGURE-6 | ||
| FIGURE-7 | ||
| FIGURE-8 | ||
| APPENDIX | ||
| A | Detailed plans incorporating area standards | |
| B | Rehabilitation schemes of Govt. of Pakistan under control of KDA on Agency Basis | |
| C | Development Schemes of private developers, private cooperative housing societies and colonies approved by the Karachi Development Authority upto March, 1979. | |
| D | Areas housing societies under the control of Karachi Metropolitan Corporation | |
| E | Detailed plans incorporation area standards of schemes and housing societies under cantonments Ministry of Defence |
THE KARACHI
BUILDING & TOWN PLANNING
REGULATIONS, 2002
[Karachi the April 04, 2002]
Notification No. SO(Land)HTP/KBCA-3-39/2000. In exercise of the powers conferred by section 21-A of the Sindh Building Control Ordinance, 1979, the authority is pleased to make the following regulations:-
CHAPTER 1 - JURISDICTION
1-1. Short title and commencement and extent.
1-1.1. These Regulations may be called the Karachi Building and Town Planning
Regulations 2002.
1-1.2. These Regulations shall come into force at once.
1-1.3 These Regulations shall apply to the whole City
District of Karachi but
shall not apply to the cantonment area of the projects of the National Security
declared by the Federal Government.
1-2. Application of Karachi Building and Town Planning Regulations.
Every person who intends to carry out building and
development work shall
comply with the requirements of these Regulations.
1.3. Exemption from Building Regulations.
In order to meet emergency conditions and the regulations of persons in the
sub-economic income group, the Government may declare special areas where
these regulations may be relaxed for a specific period of time, after which
these buildings shall become subject to special low cost housing codes.
1-4. Delegation of Powers and Duties.
1-4.1 The Government hereby delegates to the Authority, Master Plan and Environmental Control Department and to the concerned Authorities listed in Schedule 1A, the powers and duties assigned by these Regulations.
1-4.2. From time to time the Government may, by notification,
modify or withdraw from
any Concerned Authority any such powers or duties, or add to or revise the
list in Schedule 1A, or may recommend the revision of the boundaries of any
of the jurisdiction of any Concerned Authority specified therein, after following
the procedures specified in these Regulations.
1-5. These Regulations shall supercede the Karachi Building and Town Planning Regulatlons,1979.
Notwithstanding the replacement of the Karachi. Building & Town Planning Regulations-1979 by these Regulations as noted in Clause-(1) above hereinafter referred to as the said Regulations and Rules, any instruction issued, action taken, funds created or established, departmental inquires and proceedings initiated under the said Regulations and rules and in force immediately before commencement of these Regulations (Karachi Building & Town Planning Regulations-2002) shall be deemed to have been passed, issued, established, initiated or made in these Regulations (Karachi Building & Town Planning Regulations-2002), as if these regulations were in force at the time of which such orders were passed, instructions issued, and made and shall continue to have effect accordingly.
Schedule 1A-CONCERNED AUTHORITIES
Subject to the provisions of Chapter 1 of the Regulations,
the following public agencies are designated as concerned authorities for
the respective areas and purposes here indicated:
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SR. NO.
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CONCERNED AUTHORITIES
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JURISDICTION
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POWERS
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| 1 | City District Government | All areas within its jurisdiction other than those under the jurisdiction of other public agencies listed here. | All powers assigned to Concerned Authorities by these Regulations framed under the Ordinance as amended from time to time. |
| 2 | Cantonment Boards of the Ministry of Defence | Areas of housing schemes, industrial estates or other land under their respective jurisdiction in Karachi Division which are leased to or developed by others. | All powers assigned to Concerned Authorities by these Regulations framed under the Ordinance as amended from time to time. |
| 3 | Karachi Port Trust | Areas of housing schemes, industrial estates or other land under its jurisdiction, which are leased to or developed by others. | All powers assigned to Concerned Authorities by these Regulations framed under the Ordinance as amended from time to time. |
| 4 | Pakistan Railways | Areas of housing schemes, industrial estates or other land under its jurisdiction, which are leased to or developed by others. | All powers assigned to Concerned Authorities by these Regulations framed under the Ordinance as amended from time to time. |
| 5 | Ministry of Works Government of Pakistan | Areas of housing schemes, industrial estates or other land under its jurisdiction, which are leased to or developed by others. | All powers assigned to Concerned Authorities by these Regulations framed under the Ordinance as amended from time to time. |
| 6 | Sind Industrial Trading Estates Karachi | Areas of housing schemes, industrial estates or other land under its jurisdiction, which are leased to or developed by others. | All powers assigned to Concerned Authorities by these Regulations framed under the Ordinance as amended from time to time. |
| 7 | Sindh Katchi Abadies Authority | All areas within its jurisdiction other than those under the jurisdiction of other public agencies listed here. | All powers assigned to Concerned Authorities by these Regulations framed under the Ordinance as amended from time to time. |
| 8 | Board of Revenue | All areas within its jurisdiction other than those under the jurisdiction of other public agencies listed here. | All powers assigned to Concerned Authorities by these Regulations framed under the Ordinance as amended from time to time. |
CHAPTER 2- DEFINITIONS
General
2-1. In the Regulations hereinafter contained, the following terms and expressions shall have the meanings hereinafter respectively assigned to them, unless such meaning be repugnant to or inconsistent with the context or subject matter in which such words or expressions occur:
2-1.1. Words imparting the singular number shall include the plural:
2-1.2. Words imparting the plural shall include the singular; and
2-1.3. Words imparting the masculine gender shall include feminine gender as well.
2-2. "Addition" means the addition of any unit/structure to any building/structure constructed in accordance with these Regulations, and after obtaining the Occupancy Certificate of the building/structure being added to.
2-3. "Agriculture" means and includes pasture, horticulture, breeding of livestock including poultry, fish and bees, and the use of land for any purpose ancillary thereto.
2-4. "Allottee" means a person or a body who purchases a unit in a public sale project.
2-5. "Alteration" means any change brought
about after the approval of Building
plan without affecting or violating any provision of these Regulations.
2-6. "Amalgamation" means the joining of two or more adjoining plots of the same land use into a single plot in accordance with these Regulations.
2-7. "Amenity Plot" means a plot allocated exclusively for the purpose of amenity uses as define in Chapter 19 of these Regulations, such as Government uses in 19-2.2.1, Health and Welfare uses in 19-2.2.2, Education uses in 19-2.2.3, Assembly Uses in 19-2.2.4, Religious uses in 19-2.2.5, Parks and Play grounds in 19-2.2.7 Burial grounds in 19-2.2.8, Transportation right-of-way in 19-2.2.9, Parking in 19-2.2.10 and Recreational Areas in 19-2.2.12.
2-8. "Ancillary Building" means a building subservient to the principal building on the same plot e.g. servant quarters, garages, guardroom etc
2-9. "Apartment" means an independent residential unit consisting of at least one habitable room, bathroom, toilet, and cooking facilities in an apartment building as defined in 2-10 below.
2-10. "Apartment Building" means a building having more than one storey and containing more than two apartments sharing common staircase or access space.
2-11. "Approved" means approved in writing by the Authority.
2-12. "Arcade" means a covered walkway or a verandah between the shops and the street/footpath on which the shops abut.
2-13. "Architectural Plan" means a plan showing the arrangements of proposed building works, including floor plans, elevations and sections in accordance with the requirements of these Regulations.
2-14. "Area Standards" means those zoning regulations or other land development requirements or restrictions referred to in these Regulations which have heretofore been, or may hereafter be adopted for a specified area or areas by, or on behalf of, MP&ECD whether or not as part of a detailed plan.
2-15. "Assembly uses" Assembly uses as defined in Regulation 19.2.2.4.
2-16. "Attached Building" means a building, which is joined to another building on one or more sides by a common waft or walls.
2-17. "A.C.I." means American Concrete Institute.
2-18. "Balcony" means a projection from a wall of a building on an open space or a public street.
2-19. "Basement" means a storey of a building partially or wholly below ground level.
2-20. "Bath Room" means a room containing a water tap/wash basin and a shower or a bathtub or a bath tray, and may with or without a W.C.
2-21. "Building Line" means a line upto which any part of a building from its lowest level, including any and all foundations, or other structure, abutting on a public street or a road planned future public street, may extend, provided always that such line is within the property line of such building or cut line as provided in these Regulation of such plots.
2-22. "Building Designer" means a person who had been granted license to act as such under Karachi Building Control Licensing Regulations 1982.
2-23. "Building Supervisor" means a person who has been granted a license to act as such under these Regulations.
2-24. "Building Works" means erection or re-erection/modification including complete or partial demolition of a building including full or partial thereof or making additions and alterations to an existing building.
2-25. "B.S.S.' mean the latest applicable published edition of the relevant British Standard Specifications.
2-26. "B.S.C.P." means the latest applicable published edition of British Standard Code of Practice.
2-27 "Carpet Area" means the net floor area within a rent-able/saleable unit excluding the area of peripheral walls but including the area of internal walls and columns.
2-28. "Car Porch" means a shelter or a shed for a car, which is permanently open on at least two sides.
2-29. "Chimney" means a structure enclosing one or more flues, and includes any opening therein for the function of a heat producing appliance/fireplace.
2-30. "Chief Controller of Buildings (CCOB)" means the authorized officer of the Authority to effect implementation of these Regulations.
2-31. "City District Karachi" includes the areas within the jurisdiction of the City District Government.
2-32. "Clinical Building" means the buildings specified for health and welfare uses as defined in sub-clause 19-2.2.2.
2-33. "Commercial Building" means a building constructed for commercial use as defined in sub-clause 19-2.2.6.
2-34. "Commercial use" means commercial (trade uses such as shops shopping centres, markets and other uses as defined in sub-clause 19-2.2.6.
2-35. "Compartment" as defined in Regulation No.14-5.
2.36. "Completion Plan" means an as built
plan submitted to the Authority for the
purposes of obtaining approval and occupancy certificate.
2-37. "Concerned Authority" means the public
agency designated to perform the functions of the Concerned Authority for
the purpose of these Regulations (Schedule IA) or any other Authority notified
by the Government, from time to time.
2-38. "Controller of Buildings (COB)" means the authorized officer
of the Authority to effect implementation of these Regulations in respective
circles/areas.
2-39. "COS -Compulsory Open Space " means that part of a plot which is to be left completely open to sky, over which no structure or an integral part of the building shall be permitted except permissible projections, basement, steps, septic under ground tanks, soak pits, water reservoirs and lines for sewage, water, electricity, gas, telephone etc., or those structures required by civic agencies such as electric sub-station permitted elsewhere in these Regulations.
2-40. "Corner Plot" means a plot situated at the intersection of two or more streets/roads.
2-41. "Cottage Industry" includes small and medium size repair shops, handicrafts, and small-scale inoffensive non-hazardous and non-obnoxious production and manufacturing units in areas, specified for such uses.
2-42. "Covered Area" same as Floor Area Regulation 2-58.
2-43. "Dangerous Building" means a building or structure which is declared as structurally unsafe and/or which is hazardous as specified in Chapter-7 .
2-44. "Depth" in respect to a building means the measured distance perpendicular from the outermost part of such building at its rear excluding projections as permitted in these Regulations.
2-45. "Detached Building" means a building not joined to another building on any side by a common wall.
2-46. "Development Permit" means any general or special permit issued, including a permit customarily denominated as a "No Objection Certificate", "planning permit", "town planning permit" or other document having the effect of permitting development as defined in these Regulations.
2-47. "Development Plan" means the plan meant for the development of Karachi currently adopted by the Master Plan & Governmental Control Department and concerned agencies notified by the Statutory Authority or as revised from time to time.
2-48. "Development Works" means use or land as per approved plan, design and specifications.
2-49. "Engineer" means a person currently registered as such under PEC Act-1975.
2-50. "External Wall" means any outer wall
of a building abutting on an external or internal open space on adjoining
property lines.
2-51. "Factory" means a building or part thereof used for manufacture,
production or preparation of any article.
2-52. "Fire Escape" means an exit from a building, for use in the event of fire.
2-53. "Flat" means as defined in "Apartment" clause No.2-9.
2-54. "Flat sites" means plots designated as such for multi-family residential uses.
2-55. "Floor Area" means horizontal area of floor in a building covered with roof, whether or not enclosed by walls but excluding ancillary covered spaces and projection allowed under these Regulations.
2.56. "Floor Area Ratio" means the total floor area of a building divided by the area of the plot.
2-57. "Footpath" means the portion of a plot of land covered, at any level, by a building or part thereof other than basement.
2-58. "Government means the Government of Sindh.
2-59. "Ground Floor" means the floor of any structure built just above the plinth level.
2-60. "Habitable Room" means a room to be used primarily for human habitation.
2-61. "Head Room" means the clear vertical distance measured between the finished lower level and the underside of lowest obstruction such as ceiling or, rafter, whichever is lower.
2-62. "Height of a Building" means the vertical measurement from the highest part of the crown of the road along the length of the plot boundary of such a building, on the side determined to be the front of such plot, to the highest part of the building.
2-63. "Height of a Room" means the vertical distance measured between the finished floor level and under side of the ceiling.
2-64. "Hoarding" means a fence of temporary character erected around a building site on which erection, demolition or repair work is in hand.
2-65. "House/Bungalow means an independent residential building for the use of people, a family/families having at least one habitable room with a kitchen, a bath, and a toilet.
2-66. "Housing/Dwelling Unit" means a part
or whole of a residential building capable of being used independently for
human habitation.
2-67. "Industrial Building" means a building constructed on a plot
allotted exclusively for the purpose of industry, under these Regulations.
2-68. "Inspection Chamber" means any chamber constructed so as to provide access thereto for inspection and cleaning.
2-69. "Land" includes the earth, water and air, above, below or on the surface, and anything attached to the earth, and has the meaning assigned to it under Clause (a) of Section 3 of the Land Acquisition Act, 1984.
2-70. "Land Development" has the meaning assigned under clause 3-3.1.
2-71 "Land Use Plan" means a land use plan, referred to in Appendix A. heretofore or hereafter approved by, or on behalf of MP&ECD for a specified existing or new community or a major area thereof, which may include area standards or other provisions relating to.
2-71.1. The precise location and characteristics of road, other rights of way, and utilities.
2-71.2. the dimensions and grading of plots and the
dimensions and siting of structures;
2-71.3. the precise location and Characteristics of permissible types of such
development; and
2-71.4. any other planning matters which contribute to the development, renewal,
maintenance and use of the area as a the whole.
2-72. "License" means a permission, granted under these Regulations by the Authority to perform such functions as are allowed under these Regulations.
2-73. "Licensee" means an individual's or firm who has been duly licensed by the Authority.
2-74. "Licensed Non Professionals" means person/s or firm granted license under these Regulations, who are not registered with any of the statuary bodies.
2-75. "Light Industry" means an industry defined as such by the Industries Department or as defined in these Regulations.
2-76. "Loft" means a horizontal slab used only for storage purposes, which shall be allowed in kitchens, baths and store rooms/shops with access from inside only upto 5'-0" clear height between the loft floor and roof height and shall not exceed 30% of the floor area of the room.
2-77. "Master Plan" means a Development Plan
for an area providing short terms and long terms policy guideline for a systematic
and controlled growth in future.
2-78. "Master Plan & Environmental Control Department (MP&ECD)
is the Department established to implement Town Planning and Environmental
Control Regulations or City District Karachi in accordance with these Regulations.
2-79. "Medical Waste" means such waste or items which can, or is likely to, cause infection, and without prejudice to the generality above, includes needles, operating theatre material, surgical gloves, bandages, blood, bones and flesh etc.
280. "NOC" means No Objection Certificate as defined in these Regulations.
2.81. "Notification" means a notification published in the Sindh Government Gazette.
2.82. "Obnoxious Industries" include, amongst others brick kilns, coke ovens, salt glazing, sulphur working, making of cellulose lacquer, pitch bitumen, charcoal burning, gut scraping, tannery, glue making, fish meal, soap boiling, tallow making, skin dyeing and those which may be specified as Obnoxious Industries by the Industries Department from time to time.
2-83. "Ordinance" means the Sindh Building Control Ordinance, 1979.
2-84. "Open Staircase" means a staircase at least two sides of which are open, except for a guardrail or wall of a maximum nominal height of 4ft.(1.2m), and which has no roof.
2.85. "Oversee Committee" means a Committee notified under Ordinance, as amended from time to time to oversee the functioning of the Authority.
2-86. "Owner" means a person or persons holding title to a piece of plot or land/construction thereupon.
2-87. "PEC" means Pakistan Engineering Council established under PEC Act, 1976.
2-88. "Pedestrian Lane" means thoroughfares intended exclusively for pedestrian traffic at least 10ft. (3m wide).
289. "Party Wall" means a wall separating adjoining properties.
2-90. "Pergola" means a horizontal structure of grid or trellis, the voids of which must be at least 75 percent of the total area in the plan of the pergola and are open to sky.
2-91. "Person" includes any individual, company or association of bodies or individuals, whether incorporated or not, or any public agency.
2-92. "Place of Public Worship" means a building designed for the purpose of performance of religious functions.
2-93. "Plinth" means the height of the finished
floor level of the ground floor, measured from the top of the finished surface
of the road serving the plot, taken from the centre of the property line of
the plot along the road. In case of more than one road serving the plot, the
plinth will be measured from the road providing principal access at the higher
level. The height of the plinth shall be limited to
4'-6", except on plots where the natural contours are more than 4-6"
over at least 40% of the plot area as measured from the point at the centre
of the property line of the road adjacent to it
2-94. "Prescribed" means prescribed by these Regulations.
2.95. "Professional" means an individual or firm registered as such under the PCATP Ordinance-1983 and PEC Act.
2-96. "Proposed Plans" means plans submitted for approval in respect of proposed building works and/or land, development work and/or land development work.
2-97. "Prescribed Form" means form prescribed for various purposes by the Authority.
2-98. "Preservation" means protection of any building or area from any plot or development which may destroy or change its character.
2-99. "Professional Engineer" means a person recognized as such under PEC Act and Rules & Regulations framed there under.
2-100. "Property line" for the purposes of these Regulations means that for part of plot boundary which separates private property from the public property or a private property from another private property.
2-101. "Proof Engineer" means registered with Pakistan Engineering Council (PEC) as Consulting Engineer (Structural Design) and with minimum 10 years experience of structural design of building works and whose name is listed on the panel of Proof Engineers maintained by the Authority.
2-102. "Public Agency" includes a person or body of persons, autonomous body appointed by or under the authority of Government or the Federal Government and includes Town Councils and Union Councils, as defined in the Sindh Local Government Ordinance, 2001.
2-103. "Public Use Building" means a building designed for public use and includes a dispensary, post office, police station, Tonga stand and transport stand, town hall, public library, cultural centre, cinema and such other buildings which are meant for public use facilities.
2-104. "Public Open Space" means open spaces including parks, playgrounds. waterways, streets, road and lanes and such other places as defined in these Regulations.
2.105. "Public Sale Project" means a project designed with the intention of transferring to the public on ownership basis by way of public sale and for which Sale NOC is obtained from the Authority.
2-106. "Renewal" means renewal of any permission given by the Authority in accordance with the Regulations.
2.107. "Residential Building" means building constructed for residential purposes, e.g. bungalow, town house, flats and such other buildings.
2-108. "Regulations" means Karachi Building & Town Planning Regulations 2002 framed under Ordinance, as amended from time to time.
2.109. "Repairs" means repair work to services, painting, whitewashing, plastering, pointing and paving and such other works without change in the approved/completion plan.
2.110. "Revised/Amended Plan" means previously approved drawings/plans re-submitted for approval in accordance with the provision of these regulations.
2-111. "Road" means a public access-way, including any land reservation for such public access-way whether public or private.
2-112. "Scrutiny Fee" means a fee to be determined and levied as per the provision of the Ordinance, as amended from time to time.
2-113. "Society" means an organization registered as such under the relevant laws.
2-114. "Shop" includes any room or part of a building used, wholly or mainly, for the purpose of trade or business but shall not be used for any activity as may cause noise and nuisance in the neighborhood.
2-115. "Sub-Division" means the division of land held under the same ownership in to two or more plots.
2-116. "Sub-division plan" means a layout plan for a proposed sub-division duly approved by or on behalf of the concerned Authority/MP&ECD as provided in these Regulations.
2-117. "Sun-Shade" means an outside projection from a building to provide protection from weather, which cannot be converted to habitable space.
2-118. "Supervision" means to oversee and supervise the implementation of approved Architectural/Town Planning/Engineering design and specifications during the execution of buildings/development works at site.
2-119. "Temporary Structure" means a structure built/constructed purely on temporary basis, wholly within the plot with the approval of the Authority for a specific period of time and which shall be demolished on completion of the project.
2-120. "Toilet" means a space for personal ablution which includes at least one urinal and/or W.C. (water closet).
2-121. "Total Floor Area" means the sum of floor areas of all the floors of all the buildings on a plot, less exemption as permitted in these Regulations.
2-122. "Transport Department" means the Transport Department of the City District Karachi.
2-123. "Ware house" means a building in which goods are stored.
2-124. "Waste" includes industrial, hospital and municipal waste and sewage.
CHAPTER 3 PERMITS AND PROCEDURES
3-1. GENERAL
3-1.1. Public Notice
3-1.1.1. Public notice, whenever required under these
Regulations, shall be given
in the following manner:
1. They shall be given in the manner as A3 size in
leading newspapers
minimum one each (Urdu & English) as a display advertisement and not a
classified advertisement.
2. By affixing copies thereof display on the site minimum
size 3x4 ft.
(1x1.2m) on board and at prominent AUTHORITY Public Notice Board.
3-1.1.2. The notice shall state the place at which,
and the officers with whom
replies/objections may be filed within a specified time.
3-1 1.3. The officer so designated shall consider the
suggestions or objections filed or testimony given and submit a report to
the relevant department of City District Government MP&ECD or the Concerned
Authority/Authority as the case may be as defined under these Regulations
3-1.1.4. A copy of the notice shall be submitted to the Concerned Authority
which may have referred the matter or under whose jurisdiction the land falls.
3-1.1.5. Public notice relating to change of land use shall be issued under the Authority of MP&ECD which conform to the format at schedule 3C.
3-1.2. Revocation of Development Permits.
Where a development permit has been granted, if the authority which granted
it, finds that any of the provisions of the Regulations or any conditions
of the development permit have been violated, the Authority may issue an order
revoking the permit:
3-1.2.1. If the person has misrepresented facts or has suppressed the facts;
3-1.2.2. If the person responsible for the violation has not taken the corrective action directed by such Authority within the time specified provided that the Authority has given such person an opportunity to be heard on the matter.
3-1.3. Classifications of Development Works
For purposes of these Regulations, all buildings and land development shall
be classified as per Table-3.1.
3-1.4. Engagement of Professional
3.1.4.1. Every person who intends to carry out building/land development works or to demolish a building or to carry out addition/alteration or repairs in a building, shall engage respective Professional as per tables below, to prepare Architectural/Town Planning Engineering Design and Drawings including specifications and to supervise their respective works at site.
3-1.4.2. The requirement for engagement of Professionals and their authorization as per Clause 3-1.4.1 shall be as given in Tables 3.2 and 3.3.
Table 3.1 Categories of Development Works
| CATEGORY I | - Bungalow on plot up to 120 Sq Yds (100.33 Sq
M). - Any other building on plot up to 120 Sq Yards (100.33 M) with height up to 33 ft (10M). |
| CATEGORY II | - All bungalows. - Any other building with total floor area up to 20,000 Sq ft (1858.74 Sq M) and/or height up to 50ft (15.2 M) other than Category I & IV. |
| CATEGORY III | - All buildings with total floor area greater
than 20,000 sq ft (1858.74 Sq M) and/or height greater than 50 ft (15.2 M) other than Category IV. |
| CATEGORY IV | - Public use buildings with total floor area more
than 3600 sq ft (336 Sq M) buildings for essential facilities, public sale buildings. |
| CATEGORY V | - Land development works for land with area 2.5
acres (1 hectare) and greater. |
Table 3.2 Procedure for Approval
| S.No | Category | Plan signed by Professional | Approval granted |
| 1 | I | Building Designer or Architect or Professional Engineer (Civil) or Structural Engineer | (One Stage) Final Approval |
| 2 | II | Architect and/or Structural Engineer* | (One Stage) Final Approval |
| 3 | III | Architect and Structural Engineer** | (Two stages) Architecture Approval Submission of Structural designs/drawing for record and vetting.** |
| 4 | IV | Architect and Structural Engineer Plumbing and electrical drawings in public sale buildings by relevant professional. | (Two Stages) Architectural Approval Structural design and drawing duly vetted by proof Engineer Plumbing and electrical drawings duly signed by relevant professional. |
| 5 | V | Town Planner | (One Stage) Final Approval |
* Architect and Structural Engineer are both required for residential bungalows on more than 400 Sq Yards (336 Sq M) plots.
** Structural vetting by a Proof Engineer is required for any building having a height of more than ground plus four floors or 50 ft (15.2 M) and/or total floor area more than 100,000 sq ft (9293.6 Sq M) and for structures of special nature and unusual designs including shields and folder plate systems, water towers and stack like structures, apart from category C and D buildings.
Table 3.3 Maximum Authorization of Professionals
|
Sr. No.
|
Professional
|
Category I
|
Category II
|
Category III
|
Category IV
|
Category V
|
| 1 | Building Supervisor | Supervision with 2 years experience | Supervision with 5 years experience | Supervision with 10 years experience | -------------- | ---------- |
| 2 | Building Designer | Design & Supervision | Supervision | ---------- | --------- | ----------- |
| 3 | Architect | Architectural Design and Supervision | Architectural Design and Supervision | Architectural Design and Supervision | Architectural Design and Supervision | |
| 4 | Professional Engineer (Civil) | Design and Supervision | Supervision | Supervision with 5 years experience | Supervision with 5 years experience | Supervision |
| 5 | Structural Engineer | Structure Design and Supervision | Structure Design and Supervision | Structure Design and Supervision | Structure design and supervision | Structure Design and supervision |
| 6 | Proof Engineer | Structural Vetting | Structural Vetting | -------------- | ||
| 7 | Town Planner | -------------- | --------------- | ---------------- | ----------------- | Design and Supervision |
3-1.4.3. the responsibility of every Professional signing the plan and documents as above shall be limited to his respective discipline.
3-1.4.4. The professional so engage shall submit to the Authority in writing on prescribed form (ZP-2 in case of building works) of his having undertaken to supervise such work.
3.1.5. Change of Professional
3.1.5.1 Where a professional ceases to be in charge
of such building works before the
same is completed, further execution of such work shall forthwith be suspended
by the owner until a fresh appointment is made by the owner.
3.1.5.2 the previous professional shall immediately
inform the Authority of his
discontinuance from the works (on prescribed form ZP-6 in case of building
works).
3.1.5.3 The new professional/s so engaged shall inform the Authority within 15 days of resuming work. He shall assume full responsibility as if he were the author, for the correction and competence of all designs prepared by the Professional previously engaged.
3.1.6 Submission on prescribed form
Every person who intends to carry out building/land
development work under these Regulations shall submit application on relevant
prescribed form.
3-2. PERMITS AND PROCEDURES - BUILDING WORKS
3-2.1. Definition of Building Works
For the purposes of these Regulations, the following activities shall be deemed
to involve Building Works, unless expressly excluded by these Regulations:
3-2.1.1. erection of a structure;
3-2.1.2. demolition of a structure;
3-2.1.3 addition or alteration to any structure;
3-2.1.4. demolition, addition or alteration to any preserved structure declared
as a structure of historical or architectural significance:
3-2.1.5. a reconstruction, alteration of the size or material change in the
external appearance of a structure.
3.2.2. Submission of Plans for Approval
The Owner shall submit to the Authority:
3-2.2.1. Two sets of all documents relating to the plot together with a letter
from the Concerned Authority confirming the title/land use physically fresh
demarcated/dimensions of the plot along with the existence of any road widening/cut
line reservation.
3-2.2.2. In case of form (ZP-1) for proposed plan, initially three sets and finally six sets of drawings for category I & II of buildings at the time of submission, duly signed by the owner and duly signed and stamped by the relevant Professional. The drawings should show Plans, Sections and Elevations together with other necessary details pertaining to RCC elements; work and covered area etc. of every floor, including basement, of the building intended to be erected, along with a block plan of the site, drawn to a scale of not less then 1:500 (1=40') showing the position of proposed building and existing building if any; the width and levels if necessary, of the streets on which the pot abuts: and the survey number or the numbers of the adjoining plot or plots, if any, together with the cardinal points; which shall be drawn to a scale of not less than 1:100 (1"=8'). If the building is so extensive as to make a smaller scale necessary, it may be drawn to a smaller scale but not less than 1:200 (1"=16'). Such plans and sections shall show the purpose for which the building or parts thereof are intended to be used; the access to and from the several parts of the building, the position, dimensions, means of ventilation, the proposed height of the plinth and superstructure at the level of each floor, together with the dimensions and descriptions of all the walls, floors, roofs, staircases and elevator, etc. if any.
3-2.2.3. In case of Category III and Category IV buildings:
a) Initially three sets and finally Six sets of architectural
working drawing/plans, at the time of initial submission, by the owner and
duly signed and stamped by the relevant Professional. The drawings should
show Plans, Sections and Elevations of every floor, including basement, of
the building intended to be erected, which shall be drawn to a scale of not
less than 1:100 (1"=8'). If the building is so extensive as to make a
smaller scale necessary, it may be drawn to a smaller scale but not less than
1:200 (1"=16). Such plans and sections shall show the purpose for which
the building or parts thereof are intended to be used; the access to and from
the several parts of the building; the position, dimensions, means of ventilation,
the proposed or the plinth and superstructure at the level of each floor,
together with the dimensions and descriptions of all the walls, floors, roofs,
staircases and elevator, etc. if any. After architectural approval six sets
of structural working drawings and two sets of structural calculations shall
be submitted for record duly signed by the owner and stamped by Architect
and Structural Engineer respectively. Two (2) sets of design and working drawings
for
plumbing and electric work shall be submitted for record purposes and signed
and stamped by the concerned Professionals.
b) Structural vetting by a Proof Engineer is required for any building as per table 3.2** The owner/architect will get it vetted by a registered Proof Engineer (enlisted with the Authority). The architect will submit two copies of the calculations and five sets of structural drawings along with the approved concept plan, two copies of vetting Performa (STP & STP.2), one copy of soil report duly signed by the owner, structural design engineer and architect. The proof engineer will return the same to the architect after doing the proper vetting after minimum of 10 days for onward transmittal to the structure section of the authority duly signed and with recommendations of the approval structured clearance. The structure section based on the proof engineer. recommendations will issue a N.O.C. of structural clearance and forward three sets of vetted structural drawings and copies of relevant documents to the concerned zone within seven days of receipt for further processing of the case. The proof engineer will be equally responsible in case there is any error in design, drawing and/or calculations, which may result in a problem in the said building.
c) The soil investigation is to be carried out by a Licensed Geo-technical firm.
d) Two sets of complete soil investigation report including
the following signed and stamped by a licensed soil engineer
(i) A minimum of two bore logs up to 30ft.(9m) minimum or as per requirements
of the Structural Engineer.
(ii) Bore hole location plan.
(iii) Recommendation for bearing capacity, and type of foundation.
(iv) All necessary laboratory tests and reports.
(v) Recommendations of the Soil Consultant for the type of cement to be used
below ground level.
(vi) De-watering scheme for subsoil water if required.
3-2.3. Corrections on Plan.
No corrections or overwriting shall be permitted on
plans submitted for approval.
3-2.4. Alteration of Design.
In private residential buildings deviation from the approved building plan
shall be allowed (provided it does not violate these regulations) during the
construction stage at the responsibility of the concerned licensed/registered
professionals. Such deviations shall be regularized on completion of the construction
on payment of the requisite composition fee.
Deviations in internal layouts of non-sale public use buildings shall be allowed (provided they do not violate these regulations) during construction stage at the responsibility of the licensed/registered professionals for non-sale public use buildings. Such deviations shall be regularized on completion of construction, on payment of the requisite composition fee. No structural deviations or deviations in the external envelope of the building shall be permitted. The owner shall be required to submit a revised plan for approval before proceeding with the construction of such structural or external envelope changes.
3-2.5. Revised/Amendment of Plan
In public sale building deviation in internal layouts shall not be allowed during the construction stage. No structural deviations or deviations in the external envelope of the building shall be permitted. The owner shall be required to submit a revised plan for approval before proceeding with the construction of such structural or external envelope changes.
3-2.6. Period of Approval
3-2.6.1 After the receipt of an application for permission to carry out building works, the Authority shall:
a) Pass orders granting permission to carry out such building works within 60 calendar days.
b) In the case of refusal/objections, issue the consolidated objections/observations, specifying the provisions of the Regulations to the Professionals within 30 days.
3-2.6.2 If no order is passed on an application within 60 calendar days of its receipt, it shall be deemed to have been sanctioned to the extent to which it does not contravene the provisions of these Regulations or the Master Plan or sanctioned Site Development Scheme, if any, and after giving notice to the Authority, the person may proceed to carry out the said building works at any time within one (1) year starting from the date of submission provided the title of land is clear from all disputes and objections. Except in the case of building which fall in category III and IV of table 3.1.
3-2.7. Evidence of Permission
Whenever under any of these Regulations, the doing or the omitting to do a
thing or the validity of any thing, depends upon the sanction, permission,
approval, order, direction, requisition, notice or satisfaction of the Authority,
a written document (ZD-4)/(ZD-5) along with the relevant set of drawings as
required in Table 3.2 signed by the Authority or any officer duly authorized
purporting to convey or set forth such sanction, permission approval, order,
direction, requisition, notice shall be sufficient prima facie evidence thereof.
One complete approved set of drawings shall be made available on the site/in
the office of the developer for prospective buyer.
3.2.8. Cancellation of Permission and Right of Appeal
If at any time after permission to carry out building works has been granted and the Authority is satisfied that such permission was granted in consequence of any defective title of the applicant, material misrepresentation, or fraudulent statement contained in the application made under these Regulations, or in any change in the approved drawings not consistent with these Regulations in respect of such building, such permission may be cancelled if the professional/owner fails to satisfy the Authority within 15 days having being served a show cause notice by the authority and any work done there under shall be deemed to have been done without permission ab initio provided that the applicant shall have a right of appeal to Authority which shall be heard and decided by a committee of representatives of PEC and PCATP under the convener-ship of CCOB of the Authority or his nominee who shall not be less than COB within fifteen days of the order of cancellation.
3-2.9 Compliance of Conditions of Approval
Every person who carries out building works or demolition works shall comply with the directions and conditions accompanying the sanction given by the authority as per these regulations.
3-2.10 Notice of Verification of Building Lines (Plinth
verification)
Every person who commences any building work except Category I under these
Regulations, upon completion of plinth and in the case of basements, upon
the completion of foundations and shall give notice the Authority on prescribed
form (ZP-4), and shall not proceed further with the work for a period of 15
days from the date of receipt by the Authority of such notice, to enable the
Authority to verify the building lines. The Authority shall intimate within
the aforesaid period, to the owner or his representative, approval of verification
of building line or of any error which may be found in the building line,
on prescribed form (ZD-6). Verification of the buildings lines by the Authority
in no way implies the acceptance of the title, location of the land, which
is the sole responsibility of the applicant/owner. If no such intimation is
received from Authority, the owner will be entitled to proceed with the building
works after giving notice to the Authority provided the construction is in
accordance with the approved building plan.
3.2.11. Floor Certificate
For Category III and Category IV buildings, the owner and Professionals shall
submit to the Authority floor certificate (Form ZP-5) casting of slab of each
floor verifying that all the building line and structural members on the said
floor are in conformity with the design and specifications as approved by
the Authority. If the owner/professional is fails to submit the floor certificate
the authority may stop the further construction work.
3-2.12. Inspection of Buildings
The Authority may inspect the premises without giving prior notice:
3-2.12.1. At any time, before the approval of an application
received under these Regulations;
3.2.12.2. At any time during the progress of the building works; .
3-2.12.3. Within 20 days from the receipt of the notice of completion or the
occupancy certificate (ZP.7) with respect to any such building;
3-2.12.4. If no notice of completion or occupancy certificate (ZP-7) has been
received, at any time after the building has been erected, added to or altered;
3-2.12.5. The authorized officer of Vigilance Department of the Authority
will have the right to inspect that proper record of pouring of all the Structural
members is maintained at site along with the test results of 7 days and 28
days of cube/cylinder test of concrete and yield strength of steel for category
III & IV types of building.
3.2.12.6. The authorized officer of Vigilance Department of the Authority
shall also inspect the buildings to confirm whether the approved specifications
are being followed and if otherwise notified in writing giving full details
specifying the deviation/defects, where these occur with identification of
the location.
3-2.13. Building Works to Conform to Approved Plan
3-2.13.1. If on making any inspection under these Regulations the Authority
finds that the building works are:
a) not in accordance with the plans that have been approved, other than alterations as are allowable under these Regulations: or
b) contravene any of the provisions of the existing Regulations or any statute, it may, by written notice (ZD-6), require the person and the Professional carrying out building works within the period to be specified in such notice, with the object of bringing the works in conformity with the said plan, approved specifications, or provision of these Regulations, to get amended plans approved after complying with the requirements of these Regulations. In the case of Category "D" Building, the notice will be issued after personal inspection by at least a Deputy Controller of Buildings.
3-2.13.2 In the event of non-compliance with the Regulations
made under Clause
3-2.13.1. above, the Authority shall have power to order cessation of work/sealing
of the premises or order immediate demolition of that much of the construction
which contravenes any of the provisions of these Regulations and the expenses
thereof shall be realized from the owner or by sale recovered items after
demolition or both.
3-2.14. Rectification of Works after Inspection and
Appeal.
3-2.14.1. If there is evidence that in carrying out of building works any
construction has been done contrary to any provision of these Regulations
and relevant statute, or that anything required under these Regulations is
omitted and if, on inspection of such building, it is found that the building
work has been completed or has advanced to for and which could not be permitted
or allowed under the provision of these Regulations, the Authority may, by
written notice (ZD-6) require the owner/person who has/have carried out the
building works to drill out, to cut into, or pull down so much of such building
as is beyond the permissible limits as provided in these Regulations.
3-2.14.2. If on appeal, the appellant authority, which, in the first instance shall, be the Controller of Buildings of the concerned zone, finds that in the carrying out of such building works nothing had been or partially has been done in carrying out the building works contrary to these Regulations or which are also not allowable under these Regulations or statute, he shall either withdraw the notice in toto or shall pass partial revised orders for any, or required action as given under Clause 3-2.14.1 such decision shall be conveyed to the appellant within 15 days of the receipt of such an appeal.
If the appellant is dis-satisfied with decision of the first appellate officer, he may. within 30 days of the receipt of the decision of his first appeal may refer his review petition to Chief COB for decision who shall review the case and in case of disagreement with the applicant, shall place it before the KBCA Oversee Committee for final decision within 30 days.
3-2.14.3. Where a person erected or re-erected or commenced
to erect or re-erect a building without submitting to the concerned authority
building plan for sanction then not with-standing and in addition to any other
action that the concerned authority may take under the relevant statute and
these regulations, the concerned authority may give notice in writing directing
such persons to submit to the authority within such time as specified in the
notice, building plans in accordance with these regulations showing the buildings
so erected or re-erected or proposed to be re-erected for the authority's
approval. The authority shall accord approval after levying a composition
fee in addition to the scrutiny fee if the building is constructed as per
these regulations.
3-2.15. Notice of Completion
3-2.15.1. Every person who carries out and completes building works fully
or partially approved under these Regulations shall within one month of the
completion of the works deliver to the Authority at its office in writing,
the following documents:
a) Notice of Completion/occupancy on the prescribed form (ZP-7) duly signed
by the relevant Professional together with certificate or certificates as
the case may be.
b) A Completion Plan showing the building exactly as completed.
3-2.15.2. In case building work is completed in all respect but the utility services are not provided by the utility agencies despite the payment of estimate by the developer/owner in public sale buildings/projects, in such cases the completion certificate/occupancy certificate shall be issued on the basis of provision of services as provided in clause 5-1.21.2 of these Regulations.
The completion/occupancy certificate will automatically be deemed final, as soon as the connection of utilities by utility agencies.
3-2 15.3. No person shall occupy or permit to occupy any such land or building, or use, or permit to use, any part affected by the erection or re-erection of such building until the permission referred to in Clause 3-2.15.2 has been granted.
3-2.16. Partial Completion
The Authority may, upon completion of the structure as permitted by the approved
plan, give an Occupancy/Completion Certificate for part of the building which
is a complete section/unit of a project and which can be occupied without
inconvenience or hazard of any kind to the occupants of the said unit, or
to the visitors or users of the same and does not interfere with the construction
of the rest of the buildings. Wherever such Partial Occupancy Certificate
is issued to owner/Professionals, shall also be required to take all safety
measures for the users, occupiers and visitors. In addition, they shall be
required to take such measures as the Authority may at its discretion require
to ensure adequate safety of the occupiers, visitors and users of the building
or part thereof. Subject to the condition that in case of public sale project
the condition as enumerated in clause No.5-1.22 shall be comply.
3-2.17. Refusal to issue Occupancy Certificate
The Authority may refuse an application to issue an Occupancy Certificate,
if the proposed or completed building contravenes or is in any manner inconsistent
with any building or zoning regulations or restrictions, and give direction
with specific reason under the relevant statute or the Regulations.
3-2.18. Permit to Demolish Buildings.
No budding may be demolished without written permission from the Authority
on a prescribed form (ZD-10). No permit to demolish will be issued unless
the Authority is assured by the applicant through an undertaking that the
electricity, gas, water, sewerage or other utility services connections to
the building or portion to be demolished shall be effectively cut off or relocated
and such connections shall remain cut off/relocated during the period of the
work in case of any adverse eventuality the owner/contractor shall be fully
responsible.
All applications for a permit to demolish a building shall be made on appropriate form (ZP-8) and permission to demolish by the Authority shall be issued on appropriate form (ZD-10).
3-2.19. Insurance
Contractor/Builder/Developers/owner will cover all the damage to life and
property including third parties by Contractor's All Risk Insurance Policy.
3-3. PERMITS AND PROCEDURES - LAND DEVELOPMENT
3-3.1 Definition
3-3.1.1. Unless there is anything repugnant in the subject or context, or unless otherwise provided in these Regulations, land development or the "development of land" shall include the dividing of land into plots, the amalgamation of plots, infrastructure development operations, in, on, over or under land, making of any material change in the use of land, and the creation or termination of rights of access.
3-3.1.2. The following activities or uses shall be taken for the purposes of these Regulations to involve land development as defined herein unless expressly excluded by these Regulations:
a) A change in type of land use a change from one designated class of use to a use in another designated class;
b) A material increase in the intensity of use of land, such as an increase in the number of businesses, manufacturing establishments, offices, or dwelling units in any, structure or on land;
c) Commencement of excavation on a plot of land;
d) Deposit of refuse, solid or liquid waste or fill on a plot of land.
e) Alteration of a shore, bank, or flood plain of a
seacoast, river, stream, lake, pond or artificial body or water;
f) The installation of underground or overhead public service facilities;
g) Departure from the normal use for which development permission has been granted, or failure to comply with the conditions of a regulation or an order granting the development permission under which the development was commenced or is continued.
3-3.1.3. The following operations or uses do not constitute land development for the purposes of these Regulations unless expressly included in these Regulations:-
a) The maintenance or improvement of a public road highway, street or rail road track not involving substantial engineering redesign, if the work, is carried out on land within the boundaries of the right-of-way;
b) Work by any public agency or public utility company or authority not involving substantial engineering redesign. for the purpose of inspection, repair or construction on established rights-of-way, or any sewers, drains, mains, pipes, cables, power lines, lighting traffic or telephone poles or other apparatus or similar facilities;
c) The use of any land or structure specified for residential purpose, for such occasional private family functions as are customary, in keeping with the norms of the society without any commercial usage and advantage.
d) The use of any land for agricultural purposes, including excavations, in the course of agricultural operations, except to the extent of the making of wells which may be specifically controlled by these Regulations, or by any other Regulations concerned with water preservation;
e) A change in the form of ownership of any land or structure not involving the division of land into plots or building into separate occupancy units.
3-3.2. General Requirements for Development Permission
No person or group of persons may carry out land development or permit land
development without a valid development permit. The land development shall
be in compliance with the requirements, restrictions or conditions of:
3-3.2.1 these Regulations;
3-3.2.2 any applicable detailed plan;
3-32.3 any applicable general standards and area standards;
3-3.2.4 any applicable land grant;
3-3.2.5 any applicable sub-division plan; and
3-3.2.6 the conditions attached to a development permit.
3-3.3. Inconsistencies between General and Area Standards/Zoning Regulations.
If with respect to any land development the provisions of any applicable Area
Standards/Zoning Regulations are inconsistent with the provisions of any General
Standards prescribed in Chapters 19 to 22 of these Regulations, the provisions
of Area Standards/Zoning- Regulations shall prevail.
3-3.4. General Development Permits
3-3.4.1 General Development Permits for land developer meeting the following
requirements, shall be issued by the Concerned Authority:
a) the proposed land development is in compliance with the requirements or conditions of these Regulations, an existing detailed plan, any applicable general standards and area standards, and any applicable land grant and sub-division and amalgamation plans:
b) does not involve a change in the use of land or a structure from a use within a class designated in these Regulations, to another use in a different class as defined in Clause 18-4 and any major sub-division and amalgamation as defined in these Regulations.
3-3.4.2. An application for a General Development Permit shall be made on the prescribed form to the Concerned Authority in which the land to be developed is located for onward submission to MP&ECD;
3-3.4.3. The Concerned Authority may attach to a General Development Permit conditions relating to: