Open Space, Area and Height Limitations

Exterior Open Space- Provision for open space at the front side and rear of the building shall be as given in Appendix-N

Building shall be a set block of at least 3.00m from internal means of access in a layout of buildings.

Building Abutting Two or More Streets - When a Building abuts two or more streets, The setbacks from the streets shall be such as if the building was fronting each such street.

Open Spaces to be Provided for the Full Consumption of F.S.I .-  The open spaces to be left at the sides and rear shall confirm to the height necessary to consume full F.S.I. permissible for the occupancy in the zone, provided that smaller open spaces than area required under regulation No. 15.1 would be permissible if the height of the building is restricted permanently to any smaller height. The Authority may permit smaller set back and permit additional floor area to the limit of 10 sq.m. on upper floor to consume permissible F.S.I. to avoid structural difficulties or great hardship, but so as not to affect adversely the light and ventilation of adjoining building or part thereof.

Open Spaces Requirements -  Side or rear open space in relation to the height of the building for light and ventilations-

1)  Residential and Commercial zones

a)  building having length/depth upto 40 m.  The Open spaces on all sides except the front side of a building shall be of a width not less than one third of the height of that building above the ground level rounded to the nearest decimeter subject to a maximum of 20 m. the minimum being 3.00 m. for a residential building and 4.5 m. for a Commercial building.

Building with Length/Depth Exceeding 40 m.

a)  If the length or depth of building exceeds 40 m. an additional width of 10 percent of the dimension in excess of 40 m. shall be required on the side or rear open space as the case may be:

Provided that, no such increase in additional open space shall be necessary if (a) it is front open margin space, or (b) when only store rooms and stairways derive light and ventilation from the open space.

Provided further that-

  1. The open space for separation between any building and a single storeyed accessory building shall not be less than 1.5 m.
  2. The minimum distance between any two ground floor structures in Public Housing/ High Density Housing shall be 4.5m., if habitable rooms derive light and ventilation from the intervening space; if not, the distance may be reduced to 1.5 m.
  3. Except where the plot size is less than 2500 sq.m. the marginal open space in a plot abutting the amenity/ recreational open space in the same layout shall not be less than 3 m.
  4. Where the amenity open space being accessible from all the layout plots does not have an exclusive means of access, the rear marginal open space shall not be less than 3m.

Open Spaces for Tower like Structure -  Not withstanding the provisions of regulation no15.1.4. tower like structure may be permitted only with 6 (six) meter minimum open space at the ground level and one set back at the upper levels provided that the total height does not exceed 37.5 the minimum open space at ground level shall be 12 M. with two setbacks at upper level.  The terrace created by the setback shall be accessible through a common passage and or common staircase only.  For height more than 24 meter shall need no objection certificate from Director of Microwave Project, Nagpur Telephone, Fire Brigade and Civil Aviation Authority.

Open Spaces separate for Each Building or Wing -  The Open spaces required under these regulation shall be separate or distinct for each building and where a building has two or more wings, each wing shall have separate or distinct open spaces according to these regulations for the purpose of light and ventilation of the wings.

           Interior Open Spaces (Chowk)

Inner Chowk -  The whole of one side of every room excepting bath, W.C. and store room and not abutting on either the front, rear or side (s) open spaces (see regulation No. 17.12.2) shall abut on an internal open space (Courtyard, inner chowk) whose minimum width shall be 3 m.

Further inner chowk shall have an area at all levels of chowk of not less than the square of the 1/5th the height of the highest wall abutting the chowk.  Provided that when any room (excluding staircase bay and bathrooms and water closet (see regulation no. 15.2.1.1) is dependent for its light and ventilation on an inner chowk, the dimension shall be such as is required for each wing of the building.

Where only water closet and bathroom are abutting on the interior open space, the size of the interior open space shall be in line with the provision for ventilation shaft as given in regulation no. 17.12.4.

Outer Chowk -  The minimum width of outer chowk (as distinguished from its depth) shall be not less than 2.4 m. if the width of outer chowk is less than 2.4 m. then it shall be treated as a notch and the provisions of outer chowk shall not apply.  However, if the depth of outer chowk is more than the width, the provisions of regulation No. 15.1.6 shall apply for the open spaces to be left between the wings.

Area and Height Limitations -  The area and height limitations through covered area, height of buildings and number of storeys, floor space index, facing different road widths shall be as given in Appendix 'N' and Regulation No. 15.5.

Exemption to Open Spaces/ Covered Area

The following exemption to open spaces shall be permitted:

  1. Projections into Open Spaces-  Every open space provided either interior or exterior shall be kept free fro any erection thereon and shall be open to the sky and no cornica, chajja, roof or weather shade more than 0.75 m. wide shall overhang or project over the said open space so as to reduce the width to less than the minimum required.  However, slopping chajja provided over balcony/ gallery etc. may be permitted to project 0.3 m. beyond balcony projections at an angle of 30 degree from horizontal level.
  2. A canopy not exceeding 5 m. in length and 2.5 m. in width in the form of cantilever and unenclosed over the main entrance providing a minimum clear height of 2.1 m. below the canopy.  The conopy shall not have access from upper floors (above floors), for using as sitting out place.  There shall be a minimum clearance of 1.5 m. between the plot boundaries and canopy.
  3. Projections/Balconies:  Balcony or balconies of a minimum width of 1.00 m. may be permitted free of FSI at any floor, not more than 15% of the floor area and such balcony projection shall be subject to the following conditions.
    1. In non-congested area, no balcony shall reduce the marginal open space to less than 3 m.  In congested area balcony may be permitted on upper floors projecting in front setbacks except over lanes having width of 4.50 or less.  No balcony shall be allowed on ground floor which shall reduce minimum required front setback or marginal open space.  The width of the balcony will be measured perpendicular to the building line admeasured from that line to the balcony's outer most edge.
    2. Balconies may be allowed to be enclosed, when enclosed 1/3 of the area of their faces shall have glass shutters on the top and the rest of the area except the parapet shall have glazed shutters.
    3. The dividing wall between the balcony and the room may be permitted to be removed on payment of premium as prescribed by the Municipal Commissioner from time to time.
  4. A projection of 15 cm. on terrace level shall be allowed through out periphery of the building.

The following shall not be included in covered area for F.S.I. and Build-up area calculations:

In addition to rule 15.4.1.(a), (b) and (c) and 17.6.3. the following shall not be included in covered area of F.S.I. and built up area calculations.

  1. Multi-storeyed stilt floor space constructed under a building shall be allowed to be used as parking subject to the height restrictions in that area.
  2. Electric cabins or sub station, watchman booth of minimum size of 3.00 Sq. Mt. with a minimum width or diameter of 1.2 m. pump house, garage shaft, space required for location of fire hydrants, electric fittings and water tanks.
  3. Projections as specifically exempted under these rules.
  4. A basement in two tiers construction under a building and used for air-conditioning plant/ meter room, electric sub station and parking spaces for the plots of the size more than 1000 Sq.M. in non congested area only, (use accessory to the principal use). (In non-congested area for starred hotels with rating three and above, hospitals of charitable trusts, cinema theatres for an area as per technical requirements with special written permission of the Commissioner/Chairman of NIT).
  5. Areas covered by staircase rooms for stair flights of width 0.75 m. and above in case of row housing, pent houses and duplexes, 1.2 m. and above in case of residential/commercial buildings and 2 m. and above in case of assembly halls, area of staircase flights, midlandings and floor-landings, staircase passages irrespective of width of staircase subject to payment of premium to be decided by the Municipal Commissioner/Chairman and without any premium for Government, Semi-government buildings, Educational and Hospital buildings of Charitable Trusts and buildings constructed for slum dwellers under Slum Redevelopment Schemes.
       Note:-  Minimum width of staircase room and flight shall be 1.2 m. except in case of Duplex and EWS Housing were it shall be 0.75 m.
  6. Architectural features, chimneys and elevated tanks of permissible area of fire escape stairways tanks of permissible area of fire escape stairways and lifts with contilevered fire escape passages according to the Chief Fire Officer's requirements.  Lift room, lift wells, lift lobbies subject to premium as decided by Municipal Commissioner.
  7. Area of one office room of a cooperative housing society or apartment owners association of size 4m x 3m. only on the ground floor.
  8. Area of the sanitary block(s) consisting of a bathroom and water closet for each wing of each floor of a building of a prescribed dimensions deriving access from a common passage as required for the use for domestic servants or staff engaged in the premises.
  9. Areas covered by (i) lofts, (ii) Meter rooms, (iii) Porches, (iv) Canopies, (v) Air conditioning plant rooms, (vi) Electric sub-stations, (vii) Service floor to height not exceeding 1.5 m. for hotels rating with tree stars and above with the special permission of the Commissioner/Chairman.
  10. Area of structure for an affluent treatment plant is required as per the requirements of the Maharashtra Pollution Control Board or other relevant authorities.
  11. Areas covered by service ducts, pumps, rooms, electric sub-station, stilts and additional amenity of lift.
  12. Area of one milk booth under the public distribution system in a building layout of area exceeding 0.4 Hs. with the permission of the Commissioner/Chairman.
  13. Rockery, well and well structures, plant, nursery, water pool, swimming pool, (if covered) platform round a tree, fountain bench, chabutars with open top and unclosed sides by walls, ramps, compound wall, gate side, swing, overhead water tank on top of buildings, Provided that the distance between terrace and sockpit of tank is less than 1.50 m.
  14. Area of one public telephone booth and one telephone exchange (PBX) per building with the permission of the Commissioner/Chairman.
  15. Area of one room for installation of telephone concentrates as per requirement of Telephone Authority but not exceeding 20 Sq. Mt. per building with the permission of the Commissioner/Chairman.
  16. Area of seperate letter box on the ground floor of residential and commercial buildings with five or more storeys to the satisfaction of the Commissioner/Chairman.
  17. Area covered by new lift and passage thereto in an existing building with height up to 16 m. in gaothan/congested area.
  18. Area of covered passage of clear width not more than 1.52 m. ( 5 Ft. ) leading from a lift exists at terrace level to the existing staircase so as to enable decend to lower floors in a building to reach tenements not having direct access to a new lift in a building without an existing lift.
  19. Artium or entrances of any size and passage more than 1.5 m. width in shopping malls, public buildings.

NOTE:   This rule shall not be applicable for the building proposals where occupancy certificates have been granted prior to issue of these regulations.  Provided further that where a permissible FBI has not been exhausted in the case of existing building and cases decided by the corporation, prior to comming into force of these modified regulations, provisions about the exclusion from FSI computation as in these regulations will be available for construction of remaining balance FSI on site.

The height and number of storeys shall be related to provisions of F. S. 1. as given in these regulations and the provisions of open spaces and the following -

  1. The maximum height of building shall not exceed 1.5-times total of the width of road abutting and the front open space subject to the NOC of Director of Microwave Project, Nagpur Telephone, Civil Aviation & Chief Fire Officer, Nagpur in case of building exceeding 15 m. in height;
  2. If a building abuts on two or more streets of different widths, the building shall be deemed to face upon the street that has the greater width and the height of building shall be regulated by the width of the street and may be continued to this height to a depth of 24 m. along the narrower street.
  3. In case of congested area the maximum height of building shall be as under -

    Sr.

    Road Width

     Maximum Permmissible Height

    1.

     Upto 6 m.

    1.5 times width of the road + front marginal open space within the premises.

    2.

     6 m. to 10 m.

    1 0 m. + front marginal distance within the premises.

    3.

     Other roads above 10 m.

    Sum of the width of the road + front marginal distance.
  4. For building in the vicinity of aerodromes the maximum height of such buildings shall be subject to values framed by the Civil Aviation Authorities and provisions of Table 7;
  5. In addition to (d) for industrial Chimneys coming in the Air-port zone, it shall be of such height and character as prescribed by Civil Aviation Authorities and all Industrial Chimneys shall be of such character as prescribed by the Chief Inspector of Steam Boilers and Smoke Nuisance; and
  6. Buildings intended for hazardous godowns storage of inflammable materials of storage of explosives shall be single storied structures only.
  1. For the purpose (a) the width of the street may be prescribed width of the street, shown on Development Plan or width resulting from the prescription of a regular line of street under the relevant act whichever is more, provided the height of the building does not exceed twice the sum of the width of existing street plus the open space between the existing street and the building (2w + open space).
  2. Further to provisions of (i) the width of the open space between the street and the buildings shall be calculated by dividing area of land between the street and the building by the length of the front face of the building.

Height Exemptions - The following appurtenant structures shall not be included in the height of the building:

Roof tanks and their supports, ventilating, air conditioning, lift rooms and similar service equipment; stair cover, chimneys and parapet walls and architectural features not exceeding 1 m. in height.

TABLE 7
Aerodrome Vicinity Height Restrictions

Sr. No. Limits of distance from the Aerodrome reference point of buildings, structure or installations measured horizontally Permissible Height of building, structure or installation from Aerodrome reference point Remark
1. 2500 m. Nil *
2. 2500 m.
3000 m.
12 m. * *
3. 3000 m.
3600 m.
24 m. *
4. 3600 m.
4250 m.
36 m.  
5. 4250 m.
5000 m.
48 m.  
6. 5000 m.
6000 m.
60 m.  
7. 6000 m.
7500 m.
90 m.  
8. 7500 m.
8500 m.
120 m.  
9. 8500 m.
22000 m.
150 m.  

*   See note 1 & 2 below,
* * See note 2 below.

Note -

  1. Except with the concurrence of the local Aerodrome Authority
  2. No tree shall be planted within the limits of the distances indicated
  3. Irrespective of their distances from the Aerodrome, even beyond the 22 km., no masts or similar type of installations exceeding 152 m. in height should be erected without the prior permission of the Director General of Civil Aviation.
  4. No Building, structure or installation exceeding the height specified in Table-7 shall be permitted without prior consultation with the concerned Civil or Military Aerodrome
  5. The location of slaughter house/ butcher house and other areas for activities like depositing of garbage dumps which would generate the collection of high flying birds like eagles/hawks etc. shall not be permitted within a radius of 10 km. from Aerodrome reference point.

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