THE KARACHI BUILDING & TOWN PLANNING REGULATIONS, 2002


THE KARACHI BUILDING & TOWN PLANNING REGULATIONS, 2002

CONTENTS

Regulations
Particulars
Page No.
CHAPTER 1
JURISDICTION
     
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  
 
CHAPTER 3
 
 
PERMITS & PROCEDURES
 
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  
 
CHAPTER-4
 
 
LICENSING/REGISTRATION OF PROFESSIONALS
 
     
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  
     
 
CHAPTER 5
 
 
PUBLIC SALE PROJECTS
 
     
5-1 No objection certificates for sale of units in buildings  
5-2 No objection certificate for sale of plots in public sale projects  
     
 
CHAPTER 6
 
 
VIOLATIONS OF LAND DEVELOPMENT
 
     
6-1 Removal of prevention of violation  
6-2 Enforcement by MP & ECD  
6-3 Appeals  
6-4 Finality of orders or determinations  
     
 
CHAPTER 7
 
 
DANGEROUS BUILDINGS
 
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  
 
CHAPTER 8
 
 
TEMPORARY WORKS IN CONNECTION WITH BUILDING OPERATIONS (SAFETY AND SECURITY MEASURES)
 
     
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  
     
 
 
 
CHAPTER 9
 
 
SPACE REQUIREMENTS IN AND ABOUT BUILDINGS
 
     
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  
     
 
CHAPTER 10
 
 
LIGHTING AND VENTILATION
 
     
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  
 
 
 
CHAPTER 11
 
 
BUILDING STRUCTURE DESIGN AND CONSTRUCTION REQUIREMENTS
 
     
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  
 
 
 
CHAPTER 12
 
 
WATER SUPPLY, DRAINAGE & SANITATION
 
     
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  
     
 
CHAPTER 13
 
 
FIRE RESISTANCE AND FIRE PRECAUTIONS
 
     
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  
     
 
CHAPTER 14
 
 
FIRE RESISTIVE STRUCTURAL REQUIREMENTS
 
     
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  
     
 
CHAPTER 16
 
 
WIDENING OF ROADS
 
     
16-1 Definitions  
16-2 Notification of Road Widening Scheme  
16-3 Roads under Road Widening Scheme  
     
 
CHAPTER 17
 
 
STANDARDS FOR LAND DEVELOPMENT
 
     
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  
     
 
CHAPTER 18
 
 
SUB-DIVISION AND AMALGAMATION OF LAND AND CHANGE OF LAND USE
 
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  
     
 
CHAPTER 19
 
 
GENERAL STANDARDS: LAND USE CLASSIFICATION
 
     
19-1 General  
19-2 Urban Uses - Residentiary  
19-3 Urban Uses - Non-Residentiary  
19-4 Semi Urban Uses  
19-5 Non-urban Uses  
     
 
CHAPTER 20
 
 
GENERAL STANDARDS: BULK AND SPATIAL
 
     
20-1 Plot Areas  
20-2 Plot Shape  
20-3 Density Standards  
20-4 Land Allocation  
 
CHAPTER 21
 
 
GENERAL STANDARDS: HIGHWAYS, MAJOR ROADS, BOULEVARDS, STREETS AND LANES
 
     
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  
     
 
CHAPTER 23
 
 
GENERAL STANDARD: COASTLINE RECREATION DEVELOPMENT
 
     
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  
     
 
CHAPTER 24
 
 
PARKING REQUIREMENTS
 
     
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:

SR. NO.
CONCERNED AUTHORITIES
JURISDICTION
POWERS
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: