ASSIGNMENT- 4

DEVELOPMENT CONTROL & ZONING

REGULATION
(SIKKIM)
Submitted to-
Dr. Vidya Ghuge
Submitted by –
Shivam Gautam (MT20UPL024)
GOVERNMENT OF SIKKIM URBAN DEVELOPMENT AND HOUSING DEPARTMENT GANGTOK
Under sub-section (2) of Section 7 of the Sikkim Allotment of House Sites and Construction of Building (Regulation and
Control) Act, l995 Act No. 11 of 1985
Definitions:
(a) “Act” means the Sikkim Allotment of House Sites and Construction of building (Regulation and Control) Act, 1985.
(b) ‘Master Plan” means the master plan approved and notified by the State Government under Section 3 of the Act.
(c) “Site Plan’ means the plan
(d) “Blue Print Plan”’ means the plan
(e) “Permissible covered area” means the actual construction area within the allotted / private building site. (f) “demarcation
of site “ means fixing of the boundaries of the Government allotted sites or private land / the approved Blue Print Plan as it
stood before any excavation is undertaken inclusive of any additional area allotted as the case may be;
(g) “Construction Order”, means the permission to start the excavation for the purpose of site leveling for construction of
the building after approval of Blue Print Plan and demarcation.
(h) “Unauthorized Construction” means any structure constructed for the purpose of house, outhouse, stable, cowshed, pig
sty, privy, urinal or any other type of shed or side wall and include a protective wall, fence of any type etc. in any
Government or private land within the notified area or road reserve without permission from the Urban Development and
Housing Department;
Types of Development Controls
Land use controls

Land sub-division controls

Zoning controls

Density controls

Height control

Ground coverage control

Floor area ratio

Volumetric controls

Setback controls

Advertisement controls
Architectural controls

Boundary wall and gate controls

 Land use controls
Gangtok Building Byelaws
• Section 1- Definitions –
 "land'" includes benefits arising out of land,
.and things attached to the earth, or
permanently fastened to any thing attached to
the earth.
•  "occupier" mean any person for the time being
in possession or deemed to be in possession of
any land ,or building, in respect of which 'the
word is used and includes' an' owner living in
or' otherwise using ,his own land or building.
• Section 44.- No piece of land shall be used as
a site for the erection of a building and no
building shall be erected otherwise than in
accordance with the provision of this Chapter
and of any rule or by-law made under this Act,
relating to the use of building sites or to the
erection of buildings, as the case may be.
Modelling Building Byelaws National Building Code
“Building”- A structure constructed with any materials
whatsoever for any purpose, whether used for human
habitation or not, and includes:-
• Foundation, plinth, walls, floors, roofs, chimneys,
plumbing and building services, fixed platforms etc.
• Verandahs, balconies, cornices, projections etc.
• Parts of a building or anything affixed thereto;
• Any wall enclosing or intended to enclose any land or
space, sign and outdoor display structures; etc.
• All types of buildings as defined, except tents, shamianas
and tarpaulin shelters erected temporarily for temporary
purposes and ceremonial occasions, shall be considered to
be "buildings".
Types of Buildings based on use of premises or activity:
• “Residential Building”- includes sleeping and living
accommodation is provided for normal residential
purposes, with cooking facilities and includes one or more
family dwellings, apartment houses, flats, and private
garages of such buildings.
• “Educational Building”- Includes a building exclusively
used for a school or college, recognized by the appropriate
Board or University,
• “Institutional Building”- Includes a building constructed
by Government, Semi Government Organizations or
Registered Trusts and used for medical or other treatment
etc.
 Land sub-division controls
Gangtok Building Byelaws
Section 60 –
• a) construct, purchase, or take on lease or
otherwise acquire any land, or building for the
purpose of establishing a municipal market or
municipal slaughter-house or municipal stock-
yards or of extending or improving any existing
municipal market, municipal slaughter-house or
municipal stock-yard, and
• (b) from time to time build and maintain such,
municipal markets, municipal slaughter-house
and municipal stock-yards and such stalls, shops,
sheds, pens 'and other buildings or conveniences
for the use of persons carrying on trade or
business in or frequenting such markets, slaughter
house or stock-yards and charge rents, tolls and
fees- for the right to expose goods for sale in such
market and for
the use of shops" stalls", slaughter’: houses stock-
yards and standings therein. 
Modelling Building Byelaws
Section 4.1 General –
This part sets out the standard space requirements of various
parts of a building (for all types of buildings – low/ high
rise).
Section 4.2.1 Plinth -
• Main Buildings - The plinth or any part of a building or
outhouse shall be so located with respect to the
surrounding ground level that adequate drainage of the site
is assured. The height of the plinth shall be not less than
450 mm from the surrounding ground level.
• Interior Courtyards and Covered Parking - Every
interior courtyard shall be raised at least 150 mm above the
determining ground level and shall be satisfactorily drained
Section 4.3 Habitable Rooms -
The requirements of clause 4.3.1 apply to residential, business
and mercantile buildings. For educational and industrial
buildings, the following minimum requirements apply:
National Building Code
Part 3 Development control rules and general building
requirements –
12 Requirements of parts of buildings –
12.1 Plinth-
• The plinth or any part of a building or outhouse shall be
so located with respect to the surrounding ground level
that adequate drainage of the site is assured. The height
of the plinth shall be not less than 450 mm from the
surrounding ground level.
12.2 Habitable Rooms –
Height
• The height of all rooms for human habitation shall not
be less than 2.75 m measured from the surface of the
floor to the lowest point of the ceiling.
• The requirements apply to residential, business and
mercantile buildings. For educational and industrial
buildings, the following minimum requirements apply :
a) Educational : Ceiling height 3.6 m for buildings all
regions; in cold regions, 3 m.
b) Industrial : Ceiling height 3.6 m, buildings
conditioned, 3 m.
Size
• The area of habitable room shall not be less than 9.5 m2
, where there is only one room with a minimum width
of 2.4 m. Where there are two rooms, one of these shall
not be less than 9.5 m2 and the other not less
than 7.5 m2 , with a minimum width of 2.1 m.
 Zoning controls
Gangtok Building Byelaws
Section 4 to 9 –
• building includes a, house, out-house, stable,
privy, urinal,. shed,hut" wall (0ther than a
boundary wall not exceeding ten feet in height
and any other such structure," whether of
masonry" bricks, wood, mud, metal or any'
other material whatsoever
• "drain" includes a sewer, a house-drain, a drain of
any other description, a tunnel, a culvert, a ditch,
a channel and 'any other such device for carrying
of salvage, sewage, offensive matter, polluted
water rainwater or sub-soil water;
• "private street" means, any street, road, lane,
gully, alley. passage or square which is not a
public street as defined in this section, but does
not include a passage securing access to less than
four premises, or A passage provided in effecting
the partition of any building amongst joint-
owners;
•  "(Sewage" means night soil and other contents of
privies; a urinal, cesspools of drains and includes
trade effluent and discharges from manufactories
of all kinds
Modelling Building Byelaws
Section 2.10.2 Requirement in respect of building sites –
• Damp Sites - Wherever the dampness of a site or the nature
of the soil renders such precautions necessary, the ground
surface of the site between the walls of any building erected
thereon shall be rendered damp-proof to the satisfaction of
the Authority.
• Corner Site - When the site front on two streets, the frontage
would be on the street having the larger width. In cases,
where the two streets are of same width, then the larger depth
of the site will decide the frontage and open spaces. In such
case the location of a garage if provided within the open
spaces shall be located diagonally opposite the point of
intersection.
• Minimum Size of Site - The minimum size of sites for the
construction of different types of building or different use
groups, shall be in accordance with provisions of the Master
Plan and any land development Rules and Regulations of the
Authority.
• Distance from Electric Line -The distance in accordance
with the current electricity rules and its amendments from
time to time is to be provided between the building and
overhead electric supply line.
National Building Code
Part 3 Development control rules and general building
requirements –
• 6.2 Damp Sites - Wherever the dampness of a site or the
nature of the soil renders such precautions necessary, the
ground surface of the site between the walls of any
building erected thereon shall be rendered damp-proof to
the satisfaction of the Authority.
• 6.3 Surface Water Drains - Any land passage or other
area within the curtilage of a building shall be
effectively drained by surface water drains or other
means.
• 6.4 Distance from Electric Lines - An overhead line
shall not cross an existing building as far as possible and
no building shall be constructed under an existing
overhead line. No accessible point from any Verandah,
balcony, or the like shall be allowed to be erected or any
additions or alterations made to a building not having
the following minimum clearances from an overhead
electric supply line, in accordance with the current
Central Electricity Authority Regulations, 2010 .
 Hight Control

Gangtok Building Byelaws Modelling Building Byelaws National Building Code

Minimum ceiling height of rooms: Height Limit
The minimum height of all rooms likely to be used The height and number of storeys shall be related
for habitation shall be as follows to FAR and the provisions of 8.
Altitude Minimum ceiling height a) The maximum height of building shall not
a) above 4.500 feet.. 9’ (9 feet) exceed 1.5 times the width of road abutting plus
b) below 4500 feet. 10’ (10 feet) the front open space, subject to the requirement of
front open space of a maximum of 16 m;
Minimum size of habitable room: b) If a building abuts on two or more streets of
No habitable room shall have a floor area of less than different widths, the building shall be deemed to
90 sqft, except in case a hostel or hotel meant for the face upon the street that has the greater width and
residence of single person where the minimum area the height of the building shall be regulated by the
may be 80 sqft. The width shall in no case be less width of that street and may be continued to this
than 8 ft. height to a depth of 24 m along the narrower street
subject to conformity of 8; and c) For buildings in
vicinity of aerodromes, provisions of 9.5 shall
apply
 Gangtok Building Byelaws
Maximum height of building:
(i) The maximum height of the buildings
constructed in allotted sites or private holdings
within a notified area shall be in accordance with
the suitability and profile of the location based
on the stability map of the area as prepared by
the Mines and Geology Department from time to
time which shall be as follows:-
(ii) Category Admissible No. of floors. 1.
3 storey or 30 fret
2.
3. 2 storey or 20 feet below.
4.
5. 1 storey or 10 feet.
6. No construction is allowed.
(ii) The maximum height of the building in other
bazaars shall be accordingly restricted as per stability
of the area as identified by the Mines and Geology
Department and the land profile. Provided that the
structural design and specifications of the foundation
and the super structure given in the approved Blue
Print Plans are strictly followed during the execution
of construction.
Modelling Building Byelaws National Building Code
Building, Height
The vertical distance measured in the case of flat
roofs, from the average level of the ground
around and contiguous to the building or as
decided by the Authority to the terrace of last
livable floor of the building adjacent to the
external walls; and in the case of pitched roofs,
up to the point where the external surface of the
outer wall intersects the finished surface of the
sloping roof; and in the case of gables facing the
road, the mid-point between the eaves level and
the ridge. Architectural features serving no other
function except that of decoration shall be
excluded for the purpose of measuring heights.
 Gangtok Building Byelaws Modelling Building Byelaws National Building Code
4. Application for construction or reconstruction Reconstruction
(1) Every person, who intends to construct The reconstruction in whole or part of a building
building or execute any of the works in connection which has ceased to operate due to fire, natural
therewith, including an alteration of addition or collapse or demolition having been declared
repair other than repairs mentioned in regulation unsafe, or which is likely to be demolished by or
24 to an existing building, shall apply in writing to under an order of the Authority as the case may
the Secretary, Urban Development & Housing be and for which the necessary certificate has
Department, Government of Sikkim, in Form I and been given by the Authority.
II appended to these regulations and such
application shall be accompanied by building blue
print plan and site plan in six copies,
Khatiyan/Land Registration papers/Attested copies
thereof in quadruplicate drawn or prepared
according to the provision of these regulations.
(2) The application shall be signed by the
owner/owners. In case, the ownership is found to
be defective any stage or time the approval
accorded under regulation 9 shall stand
automatically revoked and the
structure/work/building constructed shall be
considered as without proper approval and shall be
dealt with accordingly.
Gangtok Building Byelaws Modelling Building Byelaws
Key Plan:
A key plan drawn to a scale of not less than 1:
10,000 shall be submitted along with notice
showing boundary and location of the site with
respect of neighborhood land marks, in area
where there is no approved layout plans.
National Building Code
Key Plan
A key plan drawn to a scale of not less than
1 : 10 000 shall be submitted along with the
application for a development/building
permit showing the boundary locations of the
site with respect to neighbourhood
landmarks. The minimum dimension of the
key plan shall be not less than 75 mm.
 Gangtok Building Byelaws
Site Plan:
The site plan referred to in regulation 3 shall be drawn
to a scale of not less than 1/16th of an inch to the foot
(1”=16’) for site upto 1800 sq. feet in area, to scale of
not less than 1/32nd of an inch to the foot(1” = 32’)
for sites over 1800 sq. feet but not exceeding 2 acres
in area and to a scale of not less than 1/64th of an inch
to the foot (1”= 64’) for sites over 22 acres in area and
shall show:
(a) Boundaries of the site as per ownership documents.
(b) the direction of geographic North relative to the
plan of the buildings.
(c) all existing buildings or structures on or around or
under the sites of projecting beyond it upto 100ft.from
the boundary.
(d) the name of the street in which the building is
proposed to be situated if any and from which it shall
have main access.
(e) the width of the street (if any) in front and of the
street (if any) on any side or rear of the building.
(f) position of sewer line, water main pipe line,
electricity line both overhead and underground
telephone line, if any.
Modelling Building Byelaws
Site Plan:
The site plan to be sent along with the
application for permit shall be drawn to a scale
of 1: l00 for plots upto 500 sq. mt. in size and on
a scale of 1:500 for plots above 500 sq. mt. in
size. The plan shall show as below:
a) The boundaries of the site and any contiguous
land belonging to the owner thereof.
b) The position of the site in relation to
neighboring street.
c) The names of the streets on which the building
is proposed to be situated, if any. d) All existing
buildings standing on, over or under the site.
e) The position of the building and of all other
buildings, if any, which the applicant intends to
erect upon his contiguous land referred to in
f) Space to be left about the building to secure a
free circulation of air, admission of light and
access.
g) The width of the street, if any, in front, at the
sides or rear of building.
National Building Code
Site Plan
The site plan sent with an application for permit
shall be drawn to a scale of not less than 1 : 500
for a site up to one hectare and not less than 1 :
1 000 for a site more than one hectare and shall
show,
a) the boundaries of the site and of any
contiguous land belonging to the owner thereof;
b) the position of the site in relation to
neighbouring street;
c) the name of the streets in which the building
is proposed to be situated, if any; d) all existing
buildings standing on, over or under the site
including service lines; e) the position of the
building and of all other buildings (if any)
which the applicant intends to erect upon his
contiguous land referred to inspace to be left
about the building to secure a free circulation of
air, admission of light and access for
scavenging purposes;
f) the width of the street (if any) in front and of
the street (if any) at the side or near the
buildings;; k) any physical features, such as
wells, drains, etc; and
 Gangtok Building Byelaws
Blue Print Plan
The plans, elevations and sections of the building
accompanying the application shall be accurately
drawn to a scale of 1/8th of an inch to a foot (1”=8’)
for sites upto 2700 sq.feet in area and to a scale of
1/16th of an inch to a foot (1”=16’) for sites over 2700
sq.feet in area.
a) Floor plans of all floors together with the details of
covered area, accessory buildings, and basement plan
indicating clearly the sizes of rooms, external
dimensions, schedule of doors and windows etc.
b) exact location of essential services e.g. water,
closet, kitchen, bath, overhead tank and the like; c)
Sectional drawings showing clearly the size of footing,
thickness of basement walls, roof slabs and all floor
and slabs, wall construction, heights and parapet
heights with their materials and including the drainage
including connection to main outlet and the slopes of
the roof taking at least one section through the
staircase, basic structural details showing typical
reinforcement layouts and sizes of main structural
members including retaining walls etc; d) indication of
the geographic north;
Modelling Building Byelaws National Building Code
Subdivision/Layout Plan
In the case of development work, the notice shall
be accompanied by the subdivision/layout plan
which shall be drawn on a scale of not less than 1 :
500 containing the following:
a) Scale used and north point;
b) Location of all proposed and existing roads
with their existing/proposed/prescribed widths
within the land;
c) Dimensions of plot along with building lines
showing the setbacks with dimensions within each
plot;
d) Location of drains, sewers, public facilities and
services, and electrical lines, etc;
e) Table indicating size, area and use of all the
plots in the subdivision/layout plan;
f) A statement indicating the total area of the site,
area utilized under roads, open spaces for parks,
playgrounds, recreation spaces and development
plan reservations, schools, shopping and other
public places along with their percentage with
reference to the total area of the site proposed to
be subdivided
Gangtok Building Byelaws
Modelling Building Byelaws
National Building Code
 Set Back

Gangtok Building Byelaws Modelling Building Byelaws National Building Code

Permissible covered area and set back: Peripheral Open Spaces including set backs set back
The permissible covered area and set back shall be There shall be a space of 6 m all around up to • A minimum of 25 percent of the plot size shall
applicable only for area above 2700 sqft. as given 40m height and after that a space of 9m all be left open without adversely affecting light
under: around should be provided and ventilation for habitable spaces and toilet.
1. (a) i) Above 2700 sqft but not exceeding 5400 sqft. Compounding at set back Infringements The It shall not be made mandatory to leave set
— 70% - of the area of the plot. infringements of the set backs maximum to the back on any side.
ii) Above 5400 sqft. but not exceeding 10,000 sqft. — extent of 30 cm (1 ft.) may be compounded by • A minimum 150 mm set back under the seat
50% - of the area of the plot. way of levying compounding fee for feet when standing up.
iii) Above 10,000 sqft — 40% - of the area of the • Armrest set back from front of seat < 75 mm,
plot. • The building line shall be set back at least 3 m
(b) In case of attached plots/sites where two from internal means of access in a layout of
plots/sites are joined on one side minimum gully of 6’ buildings in a plot subject to provisions
on the opposite free site of these plots/sites shall be
provided. In case of detached single plots/sites a
minimum gully of 6’ each shall be provided between
the plots
2. (i) All sites/plot/areas below 2700 sqft shall
maintain set back as given under: Minimum 27 feet
away from the centre of the road to be measured
vertically whether such road reserve has been
acquired or not by the Government or any other
authority unless a broader road reserve has been
acquired specifically, or as indicated in the approved
Master plan of the area.
 Floor area ratio

Gangtok Building Byelaws Modelling Building Byelaws National Building Code

“Floor Area Ratio (FAR)”-
The quotient obtained by dividing the combined
covered area (plinth area) of all floors, excepting
areas specifically exempted under these
regulations, by the total area of the plot, viz.: -
Floor Area Ratio (FAR) = Tota1 Covered Area
on All Floors / Plot Area
Density
The net density shall be up to 250 tenements per
hectare.
Floor Area Ratio (FAR)
The quotient obtained by dividing the total
covered area (plinth area) on all floors by the area
of the plot:
Total covered area of all floors /Plot area
Density
The residential density expressed in terms of the
number of dwelling units per hectare.
 Gangtok Building Byelaws Modelling Building Byelaws National Building Code

Inferences Inferences Inferences

 For density, FAR & key plan is no  Also provision for various different  For reconstruction is any no provision
provision in this Byelaw purpose building height in this act
 For key plan is no provision in this  For layout plan is no provision in this  Also provision for layout plan
Byelaw Byelaws
References

• National Building Code 2016

• Modelling Building Byelaws 2016
• Gangtok Building Byelaws