Annexure IV- Penal Action For Violation of Master Plan Provisions of Master Plan/Zonal Plan Regulations Bye-Laws

(A) Non Compoundable Items: Any deviations from the maximum, minimum prescribed limits regarding the following items shall have to be rectified at the risk and cost of the owner. Compounding fees shall not be charged on them.

  1. No. of floors
  2. No. of DUs & density
  3. Parking norms
  4. Light and ventilation provisions
  5. Use premises
  6. All other provisions of these bye-laws except items given in para 'B' below shall not be compounded/ regularized and shall have to be rectified by altering/demolition at the risk and cost of the owner. Besides this any other action as per terms and conditions of lease and provisions of Delhi Development Act, 1957 shall proceed.
  7. Staircase.

(B) Compoundable Items-

The authority/concerned local body shall be empowered after levying penalty to compound deviations from limits of coverage/FAR.

These deviations shall be compounded to the extent of 5% of the permissible coverage and FAR, subject to a maximum of 13.5 sq.m in building(s)/ premises at the time of considering the completion/occupancy certificate.

In group Housing schemes and Public & semi-public facilities, 5% FAR beyond permissible FAR can be compounded by the authority /concerned Local Body at the time of considering the completion/occupancy certificate. The charges for compounding the deviation shall be as follows-

  1. Up to 0.5% - same charges* as for permissible additional FAR
  2. Above 0.5 to 2.5% - 5 times the charges* as for permissible additional FAR
  3. Above 2.5% to 5% - 10 times the charges* as for permissible additional FAR

(i) Deviations in terms of covered area

If a building or its part has been constructed unauthorized, it shall be compounded at the following rates. The compounding fees shall be levied provided that the authorised building or part so constructed otherwise conforms to the provisions contained in the Building Bye-Laws and Master/Zonal Plan regulations. For this the owner shall have to submit the request for a building permit in the prescribed procedure.

Rates (Prior to Sanction Charges)

a) Rs. 50 per sq.m of the covered area constructed unauthorized in residential buildings upto 500 sq.m plot size.

b) Rs. 500 per sq. m of the covered area constructed unauthorized residential buildings above 500 sq. m plot size, Group Housing & Guest Houses.

Note:

  1. The building not covered specifically under the above categories shall be compounded as decided by the authority/ concerned local body, considering the merit of each individual case.
  2. Item which are exempted from the calculations of the coverage and FAR are, for example, cupboards, canopy, basement & mezzanine, loft, watchman cabins etc. If these items are constructed unauthorized, that is, without obtaining the prior permission from the authority/ concerned local body, but within the permissible limits, they shall also be compounded/ regularized at the rate prescribed above.
  3. Compounding at setback infringements- An infringement of the setback maximum to the extent of 0.3 m may be compounded by levying compounding fees at the following rates:

(ii) Deviations of the building bye-laws other than as specified in (A) (NonCompoundable)-

Deviations up to the maximum extent of 10% from the maximum/minimum prescribed limit (as prescribed by the building bye-laws) shall be compounded at the following rates-

a. In case of deviations of areas of various components of the buildings, the rate of penalty will be- Rs.100/- per 1 % of deviation.

b. For deviations in terms of height the penalty shall be Rs. 100/ -per 1 % of deviation' for every 10 sq.m of the affected area.

c. Deviations from the prescribed limit of the width:length penalty shall be at the rate of Rs. 100/- per 1 % of the deviation for every 10 sq. m or part thereof the affected area.

Notes:

1. Notwithstanding the provisions above, no penalty shall be levied for the first 3% of deviation. However, in case the deviation limit exceeds 3%, penalty shall be levied at the above rates for a total deviation up to 10%.

2. The penalties at the above rates as given in ii (a), (b) &(c) shall be charged for each deviation and for every component of the building separately.

d. In case of an increase in the size of the canopy in a front open space from the prescribed limits of bye-laws, the increase shall be charged at a rate of Rs. 200/- per sq. m.

e. End walls up to 0.9 m in a terrace-type construction constructed purely as an architectural feature- Rs. 100/- for each wall.

f. Enclosing of front balcony by Jali wall which is being used as a part of staircase- Rs. 2500/-Sq. m.

g. (i) An open urinal having a wall up to 1.7 m height- No penalty. (ii) Water storage tank over the open urinal with walls up to 1.70 m in ht.- No penalty, if sanctioned.

If not sanctioned, then Rs. 500/-each.

h. All the roof projections beyond the permissible limit of the bye-laws shall be counted towards FAR calculations if they otherwise do not infringe upon other bye-laws except the canopy as mentioned in para (d) above.

i. Plinth steps in setback portion- Rs. 250/-each.

j. Extra slab in mumty constructed without a sanction shall be compounded at the rate given in (B) (Compoundable items) provided it does not infringe upon the provision of any other bye-laws.

k. Partition walls may be constructed on any floor without sanction if they are not infringing upon the provisions of other bye-laws. The rate of such a construction is Rs. 150/- per sq. m of the surface area of the wall i.e. (length x height).

l. Projection on public land- Not permitted.