Following the building code

A guide to the most simplified approval norms across India, with Tamil Nadu, Telangana, and Haryana leading the list

As extreme weather conditions are noticed across India, the loss to life and property can be minimised when buildings are designed according to a standard that maximises safety and sustainability. Abiding by a building code that fixes a benchmark for builders to meet is one way to reduce construction cost and conserve the environment. The flip side, however, is such codes restrict architectural experiments and instead result in a distinct aesthetic of buildings. The homogeneous nature of houses, where building codes rule design, has its benefits that outweigh the disadvantages.

The National Building Code of India (NBC) was first published in India in 1970 to ensure building safety, manage solid waste and encourage the use of alternate building techniques. It provides guidelines for regulating construction activities all over India. NBC serves as a model code for adoption by agencies such as local bodies, private agencies, and the Public Works Department involved in building construction activities.

The comprehensive building code mainly contains administrative regulations, development control rules and general building requirements. Fire safety requirements, stipulations regarding materials, structural design and construction (including safety), building and plumbing services, approach to sustainability, and asset and facility management are also covered under this.

The NBC was first published in 1970 under the direction of the Planning Commission. A first revision was done in 1983; a second one in 2005 and a third revision in 2016 was also made. Haryana is the only State in India which has formulated a building code on its own. However, each State in India follows a different set of rules for sanctioning building permits.

Floor Space Index (FSI): This method is followed in Tamil Nadu, Maharashtra and Gujarat while sanctioning building approvals. The base FSI limits indicate the extent of building area, which can be constructed based on the land area. With 2.00 base FSI limits, a building of 4000 sq.ft. of total built-up area can be constructed for a land area measuring 2000 sq.ft. in Tamil Nadu. Likewise, FSI in Maharashtra varies between 1.33 and 3.00 (including premium FSI) and in Gujarat it varies between 1.80 and 2.70 (including premium FSI). Most of the remaining States in India use Floor Area Ratio (FAR) method. This depends on the maximum permissible height of the building as well and various other parameters like road width, plot area, density of population etc.

Self-certification of applicant: The States of Telangana, Tamil Nadu and Haryana issue building permits based on self-certification of applicant. In Telangana, a residential building measuring up to 10 metres in height can be constructed by self-certification on a plot size of up to 500 sq.metres.

bPASS: Telangana was the first State to introduce TS-bPASS, a single window system for the entire State by proving complete online services for development of land and construction of buildings. Moreover, the State of Telangana charges only ₹1 as official fee for building approval of residential buildings measuring up to 75 sq.yards and up to 7 metres in height. A few other States have now introduced their own building bPASS window system. Tamil Nadu had recently allowed construction of building by self-certification of applicant provided the land area does not exceed 2500 sq.ft. and building built-up area does not exceed 3500 sq.ft. with G+1 floor or Stilt + 2 floors and up to 7 metres in height with a maximum of only two dwelling units.

In Haryana, residential buildings and shop-cum-flat buildings of up to 500 sq.metres can be constructed under self-certification by giving 15 days notice to the authority for approval of building plans, intimating the date of the start of construction. The applicant can start construction after 15 days if no objection is raised or conveyed to the person concerned. The States of Goa, Gujarat and Maharashtra have also simplified their building approval norms by issuing building permits based on Licensed Engineer/Architect Certification under certain parameters.

104 plans: In Odisha, Bhubaneswar Development Authority has 104 standard building plans for different small size plots based on road width. All the 104 plans have been uploaded online. No prior approval is required by the applicant for construction on any of the 104 standard building plans notified by the authority, subject to certain conditions. This public-friendly initiative of Bhubaneswar Development Authority can also be implemented in other States for the benefit of property owners.

Changing approval dates: Of late, in many States in India, building plans and layout approvals have to be submitted online for approval by the concerned authorities. Directorate of Town and Country Planning (DTCP)-approved layout plans from the year 1923 could be verified online (year-wise) earlier in the States of Andhra Pradesh and Telangana, and from the year 1960 onwards in Tamil Nadu. This online facility is not available currently in these States. As per Chennai Metropolitan Development Authority (CMDA), the details of approved land layouts sanctioned from the year 2000 onwards and approved building plans sanctioned from the year 2006 onwards are available online for public verification.

Old approved building plans: Likewise, approved land layouts sanctioned from the year 1983 onwards by Visakhapatnam Metropolitan Regional Development Authority are available online for public verification. However, urban development authorities in Tamil Nadu or Andhra Pradesh do not have this online verification of old approved land layouts facility. In many States in India the old approved building plans/layout details sanctioned by their respective government agencies are not available in the public domain for cross verification. It is high time the Government of India or Niti Aayog gives direction to all States and union territories to enable the uploading of old approved building plans/land layout permits sanctioned by urban bodies in the last 30 years. Making this information available in the public domain will also help in curtailing property-related frauds.

The writer is Chennai-based advocate and author of ‘Property Registration, Land Records and Building Approval Procedures Followed in Various States in India’.

Published - November 01, 2024 03:15 pm IST