Project Report

FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

Chapter I

1.0. Definition of F.A.R/ F.S.I1.1. Significance of F.S.I in Global context.1.2. F.S.I/ F.A.R in developing countries.1.3. F.S.I/ F.A.R and the practices in vogue in Indian Scenario.1.4. Current trends and techniques followed in defining F.A.R/ F.S.I

Chapter II

2.0. Tools and Techniques used in defining F.A.R/F.S.I 2.1. Global Scenario.2.2. Successful models.2.3. Various Algorithms/ Models available in defining F.S.I/ F.A.R.2.4. Indicators/ Variables required to be taken in defining F.A.R/

F.S.I.2.5. Land use Models.

Chapter III

3.0. Master Plan and Development control measures with respect to F.S.I/ F.A.R

3.1. Legal frame work.3.1.1.T.C.P.O norms.3.1.2.UDPFI guidelines.3.1.3.DTCP norms.3.1.4.Master Plan and its relevance.

3.2. Zoning regulations and its implication on defining F.S.I/ F.A.R.3.2.1.Mixed Land use.3.2.2.ResidentialLand use.3.2.3.CommercialLand use.3.2.4. IndustrialLand use.3.2.5.RecreationalLand use.

3.3. Schemes/ programs of Income generation3.3.1.B.P.I.3.3.2.B.R.I.

3.4. Floating F.A.R/ F.S.I and its concepts.3.5. Land Assembling procedures/ Land parcels in major

metropolitan cities.3.5.1.Plot amenities.3.5.2.T.D.R.3.5.3.Accommodation costing.

3.5.3.1. Nagarapalika Act.

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Chapter IV

4.0. Formation of Study/ Aim.4.1. Aim.4.2. Objectives.4.3. Methodology.4.4. Scope and Limitations.4.5. Hypothesis.4.6. Synthesizing the information.4.7. Data collection – identification of agencies.

4.7.1.Municipal Corporation.4.7.2. Municipalities/ Local bodies.4.7.3.Cantonment Boards.4.7.4.Corporations/ Notified areas.4.7.5.Panchayat.

Chapter V

5.0. Development and Regulation control.5.1. ULCAR – 1976.5.2. Land Acquisition Act.5.3. National Highway Act.5.4. SEZ/ SPV and its related effects.

Chapter VI

6.0. Identification of case study areas.6.1. Primary sources.

6.1.1.Layouts/ Plot sizes.6.2. Secondary sources.

6.2.1.HMDA.6.2.2.GHMC.6.2.3.Notified areas/ Boards.

6.3. Indices/ Index values w.r.t land use charges.6.4. Land use survey index matrix.6.5. Comparative study of F.S.I/ F.A.R with respect to land survey

index.

Chapter VII

7.0. Data collection/ Analysis.7.1. Population / Density/

7.1.1.Plot size/ Road width/ Open areas.7.1.2.Zoning Regulations.7.1.3.Build up area.7.1.4.Short fall/

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7.2. Land use Models.7.2.1.Application of land use model to the case study area.

7.3. Algorithms of F.A.R/ F.S.I.7.3.1.Site specific.

7.4. Comparison of Algorithms/ Zoning regulations/ F.S.I in force/ Extent of violations.

7.5. Deriving a mathematical model based on the Algorithms.7.6. Programme…..

Chapter VIII

8.0. Inferences/ Findings.8.1. Case study8.2. Analysis.8.3. Inferences.8.4. Case study/ Local area findings/ Inferences.

Chapter IX

9.0. Strategies/ Application techniques with respect to the study analysis.

9.1. Implementation in Master Plan.9.2. Perspective Plan/ Forecasting.9.3. Rounding to the least decimals to achieve / to overcome the

hindrances.9.4. Feed backs.

Chapter X

10.0. Proposals and Recommendations/ Guidelines.10.1. Local Area/ City specific.10.2. Implementing in NCU at National Level.10.3. At local area level.

11.0. Conclusions.

INTRODUCTION

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The floor area ratio (F.A.R.) is the principal bulk regulation controlling the

size of buildings. F.A.R. is the ratio of total building floor area to the area

of the plot. For example, if a plot measures 25 cents (approx. 10886 sq.ft)

and the F.A.R. permissible for that area is 2, then a maximum of 21772

sq.ft of space will be permitted to construct in all floors of the building put

together.Town Planning Schemes mandates different F.A.R. values for

different areas. The F.A.R. value, when multiplied with the Plot area gives

us the maximum floor area that can be constructed for a building in the

plot. This is subject to satisfying other conditions such as Parking,

setbacks, access width etc.Various tools are used by for regulating or

guiding the development of our urban areas. The primary objective of

using such tools is the optimal utilization of precious land considering its

use, reuse, misuse, disuse and abuse.

Among various development regulations adopted, Floor Area Ratio (F.A.R.)

is one of the most important one, which regulates the bulk of the built

space. Higher the F.A.R. value, more will be floor area within the same

plot, and higher the pressure on land for infrastructure. Carrying capacity

and development priorities assigned by the plan to each locality are the

major factors which decide F.A.R. that can be permitted in an area.F.A.R.

values mainly determine the density or intensity of development of an

area.

Hence different F.A.R. values are prescribed for different locations in

development plans.In brief; the permissible F.A.R. values are decided in

relation to different inter-related aspects such as adequacy of water

supply, sewerage system, solid waste disposal, road capacity, land

availability, harmony with surrounding developments and other facilities,

amenities and services.

In other words, F.A.R. is a very crucial regulation, which decides the

intensity of development in an area and hence highest care is required in

fixing its maximum allowable limit in different areas.

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F.A.R. as such, will not hinder high-rise developments. But, a reasonable

F.A.R. mandates adequate open area in a plot for high-rise buildings. This

is for the benefit of the occupants of the building, their neighbors and the

public at large.If we go on increasing the F.A.R., the land value will also

proportionately increase. The prices of flats will not come down on

account of increase in F.A.R. alone.

Land is definitely precious and scarce. So, the land and F.A.R. have to be

judiciously used, not abused. Increasing the F.A.R. unscrupulously is

definitely not the prescription for meeting the housing demand for the

increasing population.By increasing the F.A.R., the common man may not

be able to afford decent shelter. Increase in F.A.R. will only increase the

land value, since the buildable space per unit area of land increases.

No investor will have a sustained interest in an overcrowded and choked

city, with falling infrastructure. If only F.A.R. values are optimum, the

growth the city will sustain and will continue to attract more and more

employment-generating projects to our cities.

Construction sector creates employment opportunity. But it cannot unduly

promoted by increasing FAR too unreasonable limits, sacrificing the bright

future of our cities and well being of the citizens. Regulations like F.A.R.

intended for guiding the city to a better future should not be viewed as an

obstacle.

Lot Coverage: The measurement of land use intensity that represents

the portion of the site occupied by the principal building including the

garage and all accessory buildings, but excluding all other impervious

improvements such as sidewalks, driveways, patios, decks and open

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porches, recreational courts, child play structures, swimming pools, open

gazebos, etc.

AIM:

OBJECTIVES:

SCOPE AND LIMITATIONS:

HYPOTHESIS:

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METHODOLOGY:

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FUNCTIONAL METHODOLOGY

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FLOOR AREA RATIO

INTRODUCTION

The Floor Area Ratio (FAR) or Floor Space Index (FSI) is the ratio of

the total floor area of buildings on a certain location to the size of the land

of that location, or the limit imposed on such a ratio.The Floor Area Ratio

is the total building square footage (building area) divided by the site size

square footage (site area).As a formula: Floor Area Ratio = (Total covered

area on all floors of all buildings on a certain plot)/ (Area of the plot). Thus,

an FSI of 2.0 would indicate that the total floor area of a building is two

times the gross area of the plot on which it is constructed, as would be

found in a multiple-story building.

IMPORTANCE

Only since the last few years, few of the major cities have adopted the

new concept of the Floor Area Ration/ Floor Space Index to regulate

densities and control over crowding in the dwelling units. The FSI limits

the total floor area of the buildings in relation to the plot areas.

For example, a FSI of 1.6 means that the total area of all the floors in a

building cannot be greater than 1.6 times the area of the plot. If all the

floors in a building have the same area, then a building consisting of four

floors will have on each floor an area equals to 0.4 times the area of the

plot on each floor. If the building consists of eight floors, each floor will

have an area of 0.2 times the area of the plot. This provides the architects

and planners full freedom to choose the number of floors that suit the

project in view, provided the total area of all floors does not exceed the

built up area available for the plot under the prescribed floor space index.

It goes without saying that adequate front, rear and side open spaces

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have to be in relation to the height of the building to ensure good light

and ventilation.

FLOOR SPACE RATIO IN ZONING

The Floor Area Ratio can be used in zoning to limit the amount of

construction in a certain area. For example, if the relevant zoning

ordinance permits construction on a parcel, and if construction must

adhere to a 0.10 floor area ratio, then the total area of all floors in all

buildings constructed on the parcel must be no more than one-tenth the

area of the parcel itself.

A builder can plan for either a single-story building consuming the entire

allowable area in one floor, or a multi-story building that rises higher

above the plane of the land, but which must consequently result in a

smaller footprint than would a single-story building of the same total floor

area. By combining the horizontal and vertical limits into a single figure,

some flexibility is permitted in building design, while achieving a hard

limit on at least one measure of overall size.

One advantage to fixing this parameter, as opposed to others such as

height, width, or length, is that floor area correlates well with other

considerations relevant to zoning regulation, such as total parking that

would be required for an office building, total number of units that might

be available for residential use, total load on municipal services, etc. The

amounts of these things tend to be constant for a given total floor area,

regardless of how that area is distributed horizontally and vertically. Thus,

many jurisdictions have found it unnecessary to include hard height

limitations when using Floor Area Ratio calculations.

Japan has extensively adopted the Floor Area Ratio in the zoning system

since 1970. The evaluation of the adoption is, however, controversial:

some say that it has deteriorated the skylines and building lines in

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Japanese cities; others claim that it has protected the residential

environments.

In addition, 1) Abdicating to floor area ratios (market forces) is the

opposite of aiming a community toward something more than the sum of

its parts. 2) FAR, a poor predictor of physical form should not be used

when the objective is to conserve and enhance neighborhood character.

Whereas traditional design standards (height, lot coverage and setbacks

or build-to lines) enable anyone to make reasonably accurate predictions,

recognize violations, and feel secure in their investment decisions. And

lastly, 3) if FAR is carelessly combined with traditional setbacks,

assembled lots have a considerable advantage over individual lots, which

has a negative effect on fine grained cities and the diversity of ownership.

“FAR” EXPLAINED

A FAR of 1.0

The illustration above shows a Floor Area Ratio (FAR) of 1.0. This simply

means that, if the area of the plot is 100 square meters, then 100 square

meters of gross floor area has been built on the plot. The illustration

above shows a 4-story building covering 1/4 of the site, giving a FAR of

1.0. Four floors of 25 square meters each are built on a site of 100 square

meters.

The reference design for cities is based on a FAR of 1.5. Here are some

ways to get to a FAR of 1.5: 11


Build a 2-story building on 75% of the site (2 x 0.75 = 1.5)

Build a 3-story building on 50% of the site (3 x 0.5 = 1.5)

Build a 4-story building on 37.5% of the site (4 x 0.375 = 1.5)

It will be noted that a FAR of 1.5 is quite high, although this density is not

unusual in Venice or central Paris, and is considerably exceeded in most

of Manhattan. It requires 4-story buildings and narrow streets with modest

interior courtyards. (Higher buildings would leave more room for streets

and gardens, but buildings higher than 4 stories are not desirable because

they are expensive to construct and unpleasant to live in.)

THE ROLE OF DENSITY AND FLOOR SPACE INDEX

Density is a term which is generally not clearly understood. In a broad

sense, it is a measure of the intensity of land use. It is generally

expressed as the number of persons living on an acre or any other unit of

land, which indicates the concentration of people living thereon. Since a

large number of people living per acre suggest overcrowding, it is

commonly thought that higher densities are evil and lower densities are

desirable. This is not, however, wholly true, and density values should not

in every case be related to the quality of living conditions in a locality.

DENSITY TYPES

Densities are mainly of three kinds. The first, which is called NET DENSITY,

means the number of people per acre of the residential area including

small garden patches, open spaces between buildings, internal roads and

half the width of surrounding roads up to 20 feet. The second, which is

called GROSS DENSITY, means the number of people per acre over the

whole of a defined area which includes public buildings, industrial

buildings and large open spaces, plus half the width of the surrounding

roads. The third is the OVERALL DENSITY which means the number of

people per acre over a large area of the town, affecting its general

economy.

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There is yet another kind of density called TOWN DENSITY which means

the number of people per acre over the entire area of the town,

embracing residential, industrial, commercial, educational, recreational,

transport and other functions. Unusual areas occupied by large quarry

pits, river beds, streams, lakes and vast areas of airfields and military

lands within the town.

DIFFERENT WAYS OF EXPRESSING DENSITY

The housing density is usually expressed in terms of persons per acre. But

it can also be expressed in terms of habitable rooms per acre or as a ratio

of total floor space to the area of the plot or of a major housing

development. It should be noted that a kitchen in a flat is not considered

to be a habitable room. The relationship between persons and habitable

rooms is defined as a measure of Intensity of occupation by persons.

This relates to so many persons per habitable room and/ or so many

square feet of floor space per person. In the preparation of a Development

Plan, the planner must know the size of population to be accommodated

and the land required for the purpose, consistent with the social and

economic structure of the population. The type of accommodation to be

provided has also to be considered at the same time. When these factors

are known, the planner can proceed with his work in a variety of ways to

suit the requirements of the site and the social and economic structure of

the community.

HABITABLE ROOM, FLOOR SPACE INDEX AND THE OCCUPANCY

RATE

It now remains to decide as to what constitutes the most suitable unit of

accommodation. In Western countries, where relationship between room

sizes and functions, family structure and social and economic standards

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are clearly recognized and well defined, the habitable room is regarded as

the unit of accommodation. But in under developed countries where such

conditions do not exist and where space in a dwelling unit is exploited to

the utmost in response to economic pressure, the habitable room is not

suitable for being used as a unit of accommodation, as it does not convey

any idea regarding the real size of accommodation. In such cases, it is

much better to adopt an exact measure of accommodation which can be

expressed as a ratio of the total floor area to the area of land in use. This

measure of accommodation is called total floor space index in United

Kingdom and floor area ratio in U.S.A. The habitable room concept is

however, useful to determine the floor space index for a locality.

When the floor space index is adopted as a measure of accommodation,

the rate at which the accommodation is to be occupied by people has to

be decided upon. This rate is called the occupancy rate, which means so

many square feet or floor space per person.

The occupancy rate is a good means to control density of population in

combination with the floor space index under normal conditions. But this

rate varies from 12 to 150 Sq.m per person depending upon the economic

– conditions of the people and the available volume of housing. It can help

only to a certain extent to decide the density of population at the planning

stage. So long as housing is in short supply, overcrowding in dwelling

units is bound to occur. The Municipal Corporation of Greater Mumbai,

under section 379A of the Municipal Act, considers a dwelling unit to be

overcrowded if the occupancy rate of 25 sq.ft per person is not

maintained. This rate is rather low and should not be less than 50 sq.ft per

person, but looking to what is ideal and what can be achieved on a

realistic basis, and considering the backlog of housing, it is the utmost

that can be realized for many years to come.

There are many countries in the world, particularly in Asia and Africa,

where even this occupancy rate is not attainable. For instance, many

housing developments in Hong Kong have an occupancy rate of 24 sq.ft

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per person or even less. The right approach is to manage with what is

possible at the moment and to raise the standard as economic conditions,

because a very optimistic view in this respect is most likely to result in

failure and negation of controls intended for reduction of overcrowding in

the dwelling units.

While on this topic, mention may be made of another method of

determining the occupancy rate based on a different concept. It is based

on the number of persons to be accommodated per habitable room, which

is a variable factor, because the areas of habitable rooms can vary

considerably and provide for occupancy rates which can be between 25 to

150 sq.ft. or more, per person, depending upon the social and economic

status of the occupier. This method is therefore likely to cause confusion,

unless exact data on the social and economic structure of the population

is available to the planner. In Bombay today, the number of persons per

habitable room varies between 2 ½ to 10 persons in the case of middle

and low – income group families respectively. The habitable room

generally does not exceed 120 sq. ft. in area.

METHOD OF DETERMINING THE FLOOR SPACE INDEX

A layout of a representative area of 25 to 30 acres is prepared on the

basis of the density adopted in the light of the experience of the planner.

This determines the size of the population.

The number of persons that have to be accommodated per habitable

room consistent with the rent paying capacity of the would be occupants

and in consonance with healthy living conditions is then assumed on the

basis of building plans prepared for the purpose. This figure may vary

from 1 to 2.5 persons per habitable room, for different localities, or

portions of the same locality, depending upon the income group to be

accommodated. Dividing the total population figure for the layout by this

number gives the total number of habitable rooms that could be built in

an area.

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On this basis of the studies made during made during the preparation of

the layout and the designs of the buildings, the area required by a

habitable rooms in the building which may vary from 25 to 50 Sq.Yards or

more per habitable room, depending upon the size of the room. It has to

be understood that this figure takes into account other ancillary areas in

the building, wall thicknesses, etc., multiplying the total number of the

habitable rooms by the area required per room, gives the total floor area

of all the residential buildings in the layout. By dividing this total floor area

by the total residential area of the land in the layout, the floor space index

for the area is obtained on a realistic basis.

The three figures illustrate graphically what happens when development

of a site tales place on the principle of the floor space index, which allows

considerable freedom to the architect to plan according to the needs of

the clients.

For easy comprehension, the site is shown divided into 64 squares. The

floor space index is assumed as 1. This means that the cumulative built up

area on all floors cannot be permitted to exceed 64 squares.

(I) 32 squares are built per floor, so that two floors are

necessary to utilize the permissible buildable area (32 X 2

= 64).

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(II) 16 squares are built

per floor, so that four floors are necessary to utilize the

permissible buildable area (16 X 4 = 64).

(III) 8 squares are built per floor, so that eight floors are

necessary to utilize the permissible buildable area (8 X 8

= 64).

It will be noticed that the surrounding open spaces become wider as the

height of the building increases in a correspondingly lesser floor space

index for the gross area. This method is useful to determine the

population of different wards of a city and also its total population, at a

decent standard of living. It is obvious, that different areas in the city have

to adopt different floor space indices, as a result of the various density

levels adopted to cater to the needs of different income groups.

RUDIMENTARY AND RECENT TRENDS IN DENSITY VALUES

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In the early days of planning in Europe at the beginning of the 20th

century, net densities adopted for new developments were very low, viz

35 to 40 persons per acre. This type of development provided individual

houses with gardens and recreational open spaces and parks on a

generous scale. By their very nature, such developments were of a

sprawling type which lacked urban character. This resulted in forcing the

inhabitants to cover long distances to reach the place of work and centers

of recreation and amusement. This defect was realized with the passage

of time and net densities as high as 80 to 100 persons per acre were

adopted. In India net densities of the order 100 to 150 persons per acre

were considered normal, in urban areas as planned developments of

reasonably large chunks of land at these densities ensured the provision

at all amenities required on a reasonable scale.

With the rapid growth of urbanization in the last two decades and

phenomenal increase in the population of towns and cities, planners gave

a second thought to the problem of density, as the need was felt to

accommodate more and more people in towns and cities. It was found

that if large areas were laid out and high and medium rise buildings

covering 10 to 15 percent of the land were built, the livability of the site

was assured to a great extent even by adopting net densities as high as

3000 to 350 persons per acre. In such cases 1 to 1.5 acres of open spaces

could be provided in local developments per 1000 population out of 4

acres per 1000 on the city wide basis. People could then live fairly close to

the place of work and centers of cultural activities and an improvement in

the mode of urban life could be affected.

During the preparation of development plans for towns having

enlightened and alert citizens and citizen groups, compact as against

sprawling town plans are to be preferred as low, density developments

tend to reduce easy and quick accessibility to various parts of the town

and there is often the risk of under-use of facilities such as shops, schools,

places of amusement, cultural centers, etc., because of the longer

distances required to be covered to reach them.

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THE FAR EFFECT ON LAND VALUES

One of the factors that influences open – market value of land in

metropolitan cities is Floor Area Ratio (FAR). A TRF research study

commissioned by the Madras Metropolitan Development Authority

observed in its October 1991 report that: some professionals and

developers claim that FAR should be increased because of high price of

land.

If their argument is accepted, the price of land will increase further

because the developer calculates the price for which he can sell his

completed development, from this he deducts the construction costs, his

profits and other expenses and offers the remaining amount for the land.

The TRF study included a sample calculation for Madras city to

demonstrate how a small increase in FAR adds to his (builders) profits

encouraging speculation and concluded that increasing FAR from 1.5 to

2.0 (33%0 the cost of land increased in FAR will result in the developers

preparedness to offer a much higher price to the land owner. The report

suggests in case of preparedness to offer a much higher price, the FAR

should be minimum to check further increase in population density.

The TRF report did not go further, but the situation can be viewed in

another way from the viewpoint of the land owners. Whenever in the past

governments and local authorities announced an upward revision of FAR,

the next day the land owners hiked the prices of land with the argument

that the developers/ purchaser is now going to get more out of the same

land. It is thus difficult to explain how a builder who will buy land at an

increased price after such an announcement, will gain in any manner from

FAR increase.

THE FAR EFFECT ON DEVELOPERS

In metropolitan cities, large developers (Urban Development Authorities

not excluded) often hoard vast amounts of land. When the government

increases FAR limits, it benefits only large developers; and that too only

19


on amount of land purchased by them before the enhancement. It should

not logically benefit smaller developers who are more in number. The

small developers gain arising from an increase in FAR is difficult to

understand as any direct benefit to real estate developer due to a

reduction of pressure on agricultural land.

But as in most trades, it is the large developers who control the

developers associations. Thus entire developers lobby, fights for the

transitional gain of a few seeking to reward them for having held large

extents of urban land.

EXTREME POSITIONS

In reality there is almost no public debate in India on the issues

concerning urban density policies, of which FAR is one of the tools. There

are hardly any scientific studies on this subject in the Indian context,

except the 1988 report of the National Commission on Urbanization which

argued that “net residential densities”, as high as 1000 persons per

hectare can be achieved well within the FAR limits of 1.5. It must be

acknowledged that private developers contribute substantially to housing

supply in India. They play an important role in society and their

expectation of legitimate profit is fully justified.

The routine insistence if official agencies on low FAR and the constant

appetite of developers for extra FAR, both do not seem to be based on

well defined logic. Positions taken by different interest groups on the FAR

issues are on ideological lines, at times bordering on fanaticism.

FACTORS DETERMINING FAR

The National Building Code 1983 mentions the following factors that

determine the specifications of FAR:

a. Occupancy (residential, commercial, etc.,)

b. Type of construction (building materials, fire rating structure, etc.,)

c. Road width and traffic volumes

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d. Vehicle parking facility

e. Fire fighting capability of city authorities

f. Standards of existing water supply and sewerage.

The accompanying tables provide a comparative picture of prevailing FAR

norms in few major cities for different lo sizes. For different occupancies

and locations, maximum permissible FAR in Indian cities ranges from 0.50

to 2.00 in the normal courses. In the prevailing regulations, the factors

like occupancy, location central or peripheral plot sizes and road width are

most commonly relied upon. The consideration for levels of infrastructure

is attempted only in few cities, where for different parts of the city,

different FAR is specified.

FAR AS A POLICY TOOL

In Mumbai and Madras, and to some extent in Delhi, a higher Floor Area

Ratio is offered in the central areas compared to the suburbs. In

Bangalore and Hyderabad, the case is just the opposite. If Floor Area Ratio

norms are to be used as a tool for decongesting the core city then the

building trade must be attracted to the outskirts by granting FAR in such

location as implied by the TRFMMDA study.

The National Building code 1983 has addressed the question of Floor Area

Ratio primarily with reference to fire safety and recommends unlimited

FAR for certain occupancies based on fire rating. A revision to the code

may be needed in order to specify FAR norms taking into account the

other factors stated in the Building Code. The code however indicates that

FAR is matter of choice as long as the commensurate standards of safety,

environment and infrastructure are met with.

PRICING OF FAR

Going by the fundamentals, the difference between a 2000 sq.m site, built

with 1.5 FAR, and a similar site built with 3.0 FAR is that the second one

may have 60 flats of 100 Sq.m each as against 3.0 in the first case. To

begin with, the choice lies with the flat purchaser. No builder will ever

21


construct an apartment complex with 60 flats on a 2000 Sq.m site if

buyers reject it as a congested building, no matter what the Government

regulations specify.

The report of the National Commission on Urbanization argued that a

higher FAR generally required taller structures with higher specifications

and expensive equipments and installations like lifts and fire

fightingequipments, thereby shooting up the cost of construction per Sq.m

of built up area. We have shown above that any increase in FAR leads to

an increase in land prices. Even if this were not the case, the reduction in

cost of land per Sq.m of built up area due to higher FAR is neutralized by

the corresponding rise in construction cost. This is termed by the

Commission as the crucial trade off.

Apart from the flat owner’s choice of buying one out of the 60 or 30 flats,

it is clear that a street with buildings having 3.00 FAR will need to be

wider since many more people or vehicles will have to use the street over

the same length. The water and drainage lines will have to be of bigger

capacity, though of a lesser length. In streets where the pipelines are

designed and already laid for a low density development allowing a few

buildings with high density, obviously creates problems beyond solutions.

Perhaps higher FAR may work for large scale developments in new

suburbs. Developers intending to take up, say, a 100 acres housing

project in the outskirts may have the option of choosing the FAR

depending on their market assessment and scale ability of flats. With

higher FAR the developers may economize on the except of land (not land

value per Sq.m) but if he builds, say with 4.00 FAR and ten storeyed

buildings, his cost of construction will go up as discussed earlier.

For FAR beyond 1.5, car parking has to be either on multiple floors or on

the streets. In buildings above 13 storeys, fire safety measures are mainly

through very expensive in built devices. Similar but less expensive

equipments are needed for buildings having between 9 and 13 floors. But

below four floors fire safety is generally achieved by way of proper

22


location of staircases and lifts within permissible distances and with

ordinary fire extinguishers. For buildings above 7 storeys, a high speed lift

is needed. Provision and maintenance of a high speed lift is three times

more expensive than a slow moving lift. At a 5 storeys, the construction

cost per Sq.m of space is therefore considerably less than at, say, 13

storeys.

These additional costs are passed on to the purchaser of flats and also

partly to the civic bodies or the fighting departments of the government

and in turn shared by all tax payers. There may be little doubt therefore

that a developer building with say 3.0 FAR must contribute at a higher

rate towards the cost of the city infrastructure than some one building

only with 1.5 FAR.

FREEDOM FROM FAR

In certain quarters there has been a demand in recent times to allow a

free play of market forces in respect of FAR. For this to happen, the

following are pre-conditions:

1. The developers/purchasers of built space must pay for all costs of

infrastructure.

2. It should be possible in the first place to compute all the costs of

infrastructure.

3. There must be a healthy free market without any hidden subsidies.

Few people in India know that since 1993, there are no upper limits on

FAR provision in Hyderabad City. For every location there does not exist a

basic maximum FAR for which a set of fees related are to be paid.

Thereafter, one can ask for any higher value of FAR to be relaxed by

Government provided one is willing to pay a penal amount for every Sq.m

of additional floor area. Thus it is hypothetically possible to seek and

obtain even 10.00 or 15.00 FAR, even though the penal amounts are not

restrictive.

23


For instance in the commercial category at the higher end, the penal

amount ranges from Rs.1000 to 2000 per Sq.m of floor area, when one

applies in advance (fixed in 1993 with no revision so far). Against this,

prime commercial built space is being sold in Hyderabad around

Rs.20,000 to 40,000 per Sq.m in December ’96). Thus on payment of a

maximum penal amount of Rs.20000 per Sq.m, it is possible to have

saleable built up space worth Rs.40,000. Presuming that the builders,

profit is only 10% of the sale price, he still stands to gain considerably by

seeing a higher FAR in Hyderabad as long as there are buyers. A free FAR

policy is therefore in force in Hyderabad since 1993.

Why developers do not ask for FAR in Hyderabad much beyond 3.00 is

worth reaching. It belies the simplistic theory that high FAR benefits

builders. A developer has to only cater to market. If people tomorrow

decide to pay a higher price per Sq.m for low density trade will surely

build with low FAR to meet that demand.

Floor Area Ratio (FAR), alternatively known as floor space index (FSI), is

the total floor area one is allowed to build on all floors put together,

divided by the area of the plot. In other words, it is the degree of intensity

of use to which a piece of land is put to generally determining the number

of people that will live on the plot.

THE FAR SIDE OF REAL ESTATE

The market price of land in an urban area depends on several complex

factors, some of which are:

1. Geographical location i.e. distance from the city center, etc.

2. Land use controls.

3. Permissible Floor Area Ratio in different locations.

4. Urban Land Ceiling Act and the areas covered under it within

metropolitan areas.

24


There are instances where a centrally located land with a maximum

permissible FAR of 1.0 is more expensive than a land with a 2.0 floor area

ratio located on the outskirts. FAR therefore is only one of the factors

influencing land values.

FLOOR AREA RATIO: INDIAN SCENARIO

FLOOR AREA RATIO: A CRUCIAL ASPECT OF REAL ESTATE

The issue of Floor Area Ratio (FAR) in the real estate sector has always

been a contentious one. FAR is one of the key determinants

for development in the country. FAR in India is low and is considered a

hurdle to construction activities. While the industry has been demanding

an increase in FAR, the question is whether an increase makes sense

without improving the overall infrastructure in the country.

FAR essentially means the limit that is imposed on the amount of

construction in a certain plot of land or location. In other words, it is a

means of controlling building volume in accordance with a previously

developed master-plan for that location. FAR parameters vary from state

to state and are governed by the respective city development authorities.

FAR restrictions are necessary in heritage zones featuring monuments,

and wherever higher FAR would destroy the urban fabric of a particular

area. “This has been the primary area of contention. Lower FAR implies

higher horizontal growth, which is positive in terms of environmental

sustainability but negative in terms of available supply.

Bangalore-based real estate consultancy firm Asipac Projects chairman

AmitBagaria feels that horizontal development definitely has its

disadvantages. “The world realized over 50 years ago that horizontal

development is expensive. Horizontal development has its negatives —

25


infrastructure is collapsing, fuel consumption too is growing leaps and

bounds.

There is little doubt that a higher FAR will bring in more supply in the

market, thereby creating room for more affordable housing. “Surpluses

are needed in real estate. We have the funds and the resources. When

surpluses can be created in other areas, then why not in housing?”

There are several advantages can accrue to the sector if FAR is increased.

But what about the infrastructural bottlenecks those act as a major

hurdle? “Typically, doubling the FAR shall reduce the per capita cost on

development infrastructure; however this is not a direct proportion

relation. In India, our infrastructure is yet to cater to current requirement

and hence doubling FAR instantly would put an additional strain on

infrastructure,”

It’s a Catch 22 situation. What is the solution out of this unending

cycle? Experts suggest identifying select areas that have the capacity to

accommodate a higher FAR. “There are a lot of areas where land is not

being utilized and is lying vacant. These can be optimally utilized. Ideally,

infrastructure should be allowed to develop first. But as that does not

happen in India, developing it simultaneously is the only option.”

Developers agree and they feel that a zone or centers of excellence can

be created within which, the FAR can be increased. According to a

company spokesperson of Uppal Housing, such a model can be replicated

in all the cities in the form of a well demarcated area, similar to the

Central Business District (CBD).

“A dedicated wing to study the demand and establishing reforms for FAR

index is highly desired with the increasing demand. The model

specializing in the subject will provide optimum utilization of all re-sources

and can help to get maximum returns.”

In fact, certain states such as Haryana permit IT projects in industrial

areas and offer higher FAR to such projects than is permissible on their

26


designated land use, within certain area restrictions. Pune is also an

example. “This is a workable model, pertinent to specific areas that can

accommodate higher FAR without disrupting the social and urban fiber of

a city.”

Of course for the investor, a higher FAR can augur some good times

ahead. It can be the only way to fight price rise and accommodate the

rising demand in the real estate sector. Projects will then be cheaper on a

unit-to-unit basis and also plentiful in profitable areas, which obviously

would be a welcome change. “It can help stabilize land prices, which

ultimately will benefit the common man. A raise in FAR would help in

setting up more affordable houses and control the steep rise in prices.”

The national average of FAR in the country would approximately vary

between 1.25 and 2. And while it may be some time before the FAR could

be increased to desired levels, this debate has at least spruced up efforts

by industry players to think of alternative methods. There is a pressing

need to revise the FAR despite the fact that infrastructure development

poses a major challenge. Hence, government initiatives in improving

infrastructure facilities on a priority basis are the best way to meet

expectations of billions of people from the real estate sector.

INCREASE IN FLOOR AREA RATIO CEILING DEMANDED

NEW DELHI: Hunting for a suitable venue seems to be the most painful

part of getting married. If you are just wee bit late, chances are you will

be stranded with nowhere to go. What can one do when 14,000 weddings

are held in the city in one day?While some feel vacant plots and parks

that are not with the horticulture department should be let out for

weddings, others say that MCD should increase the ceiling on floor area

ratio (FAR) for community centres, baraatghars, and dharamshalas.

"The FAR specified for these buildings is not practical considering that

these specifications were created years back. The city has changed since

then; the population has also grown manifold. Court orders prevent social

27


programmes from being held in parks. Only a few can afford to pay for

hotels and banquets halls."

But, "The new building bye-laws are also going to be in accordance with

the Master Plan which specifies FAR and height of buildings in different

areas. MCD cannot change things at its whim."

BUILDING REASONABLE FLOOR AREA RATIO – FAR

Floor Area Ratio (FAR) in Real Estate India is one of the key

determinations for development. It’s considered low in Indian Real Estate

that poses a hurdle before construction activity and makes unaffordable

housing. The norms of FAR needs to be reviewed and revised for the

betterment and effective land use. The increase of FAR would certainly

increase the availability of residential and commercial Property in India.

There is a need of integrated urbanization plan in India Real Estate for the

next 100 years, and accordingly open up enough space for development.

The thoughts and prepositions are moving in for increasing the present

available FAR in the Indian Real Estate market.

Indian Real Estate needs to wake up on the FAR/ FSI norms, to compete

globally we need to increase the present FAR/FSI of 1, 1.5 or maximum 3

to at least 10-25. Asian cities like Singapore, Bangkok, Malaysia, vary

between 5 and 50 FAR/FSI. Even the Apple City of USA – Manhattan (New

York) has the FAR/FSI of about 20.

With more and more Urbanization and Real Estate India developments the

population is moving from rural to urban for better city facilities.

According to survey by TheLandSmiths.com by 2025, over 45% India’s

1.3 billion strong population would be living in town and cities. Higher FAR

is desirable for developing new towns in the future of Indian Real

Estate Industry.

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FAR TOO GOOD: MORE HEIGHT, FLOOR AREA FOR MULTIPLEXES

In a decision that will leave several cinema hall owners (who have

approached the authorities for converting the theaters into multiplexes)

smiling, the UT Administration has fixed the height of multiplexes at 62.3

feet. An additional Floor Area Ratio (FAR) of 50 per cent (taking the figure

to above 2) was also approved.

Most of the existing cinema halls in the city are around 55 feet in height

and have an FAR between 1.5 and 2. The modalities of parking are still

being worked out with the likelihood of allowing two vehicles for every 15

seats.In Industrial Area, the multiplexes and malls enjoy a lower margin —

the Administration has allowed the multiplexes to go up to 100 feet in

height.

“Requests had been consistently pouring in from multiplex owners to

allow them the additional height and FAR. The decision will apply to all

halls that go in for conversion now. A drift from these parameters will be

allowed only if there are special architecture concerns, as in the case of

KC cinema.”

FLOOR AREA INCREASED

While some say the demand for more floors has increased, others

say that it will only convert the city into a concrete jungle

With the Ghaziabad Development Authority (GDA) announcing the

increase of the floor area ratio (FAR) to 2.5, the city is all set to house

more 15 to 17 floor buildings.

The decision has invited a mixed response from the residents. While some

say that the demand for more floor has increased with the changing

times, other say that it is only convert the city into a concrete jungle.

There is a demand for the top floor. The common notion is that

apartments on the tenth floor and above are more secure, and there is

less disturbance and more fresh air. In general owners sold out all 29


apartments on the top floors but have few apartments available on lower

floors.

As per the new orders, private developers can now cover 2.5 FAR along

with 50 percent extra constructions that will be allowed after additional

payment. Up to now GDA allowed construction with FAR 1.5 and 33%

additional coverage after payment.

If the FAR has been increased, it means GDA is allowing more apartments

in the buildings but is someone also looking into the green area that will

be mandatory. If the constructions go unchecked, projects in Indirapuram,

that is hot property because of planned development, will fail.

There are others who have sent recommendations to the GDA to either

make it compulsory for builders to ensure earth quake resistant buildings

and provide more green areas.

Mindless constructions should not be allowed merely because of

commercial reasons. Safety should be a concern. The GDA should take its

decision back if they cannot ensure safety of buildings.

In the Trans – Hindon area, the number of high rise buildings has grown in

the past five years in Indirapuram, Vaishali, Vasundhara and Kaushambi.

Compared to Noida, where commercial buildings have FAR as high as five

and residential buildings follow the FAR 2.5, constructions in Ghaziabad

are changing trends.

The GDA, on its part, says that the decision has been taken only after a

high demand for high rise buildings. They have increased the FAR because

of greater demand for high rise buildings. At the same time, no objection

certificates have to be taken from the authority apart from the mandatory

requirement for green area and adhering to building bylaws.

30


DDA AGREES TO INCREASE FLOOR AREA RATIO OF HOTELS

With an acute shortage of hotel rooms in the Capital and failing to sell its

hotel plots, the Delhi Development Authority (DDA) has finally decided to

give in to the demand of the hotel industry to increase the Floor Area

Ratio (FAR) of all the existing as well as upcoming hotels.

The DDA sent the proposal to the Urban Development (UD) Ministry last

month for approval

At present 150 FAR is allowed for hotels, the DDA has proposed to

increase it to 22

5. The increased FAR would generate an additional 2,400 rooms in the

Capital.Presently there are 8,500 rooms in the existing hotels. These

include 6,000 rooms in the hotels that have come up on independent

plots. “It is these independent plots that will directly benefit from the

increased FAR.”

FLOOR-AREA RATIO NORMS TO BE EASED IN MASTER PLAN

The master plan for Delhi, to be announced by December, will have

provisions to permit dwelling units on 27,000-hectare agricultural land

that Delhi has in its possession.

The plan will also provide for easier and relaxed floor-area ratio norms for

the city’s vertical development, including provision for necessary no-

objection certificates (NOC) from water and power authorities.

In the new master plan, real estate developers will be given ample

liberties to put up sky scrappers on plots having adequate water and

power, as of now, the government had no plans to permit the hoteliers to

add up rooms to their hotel premises, as it would not solve the problems.

Instead, the government was considering allocating those separate sites

to build new hotels for meeting the growing demand of tourists.

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MAHARASHTRA RAISES FLOOR SPACE INDEX “TO MEET BUDGET

DEFICIT”

Maharashtra increased the floor space index (FSI) ratio in Mumbai’s

suburbs. The new FSI will be 1.33. Earlier the figure was one. The decision,

included in the state budget, brings suburbs on par with the island city

which already has an FSI of 1.33.

FSI is the rate of the permissible developable area on any plot. Developers

will be able to build an additional 33 per cent on a given plot of land in the

suburbs by paying a premium on this additional FSI as per the market

value. “It is a money-making opportunity for the government. Increased

FSI is expected to add Rs 1,400 crores to the state exchequer. Changing

FSI is part of the development plan to be prepared by a planning authority

under the Town Planning Act; not a matter to be dealt within the state

budget.”“Raising FSI will lead to an increase in housing supply.”

GOVERNMENT MAY RAISE FLOOR SPACE INDEX FOR MUMBAI

The Maharashtra government is planning to raise the floor space index

(FSI) for Mumbai from the existing 1.33 to 2.20. Besides, it is also trying to

put an end to the piecemeal manner in which the index is being raised for

various projects. “A team of state government officials and a team of

experts from the World Bank are working on the proposal to have a

common FSI for both the island city and its suburbs. Currently, the island

city has an FSI of 1.33, while in the suburbs it is only one.

The FSI is the ratio of total floor area of a building to the size of the plot. It

indicates the maximum construction allowed on a plot in a particular area.

That is, if the FSI is one and the plot size is 1,000 sqft, the maximum

construction allowed on that plot will be 1,000 sq ft.

32


“The current FSI is hardly enough if we have to meet the growing demand

for housing in the city. Nearly 80 sq km area out of total 437 sq km of

Greater Mumbai falls in a no-development zone, which includes national

park, coastal regulatory zone etc.,”.

The state government is also planning to grant an FSI of 4 at the metro

stations and within a radius of 500 meter of them. It has granted a similar

FSI for the Dharavi redevelopment project. The higher FSI is also available

to builders who undertake schemes for slum redevelopment or

rehabilitating the project-affected people.

However, World Bank has objected to the state government's this

piecemeal approach about the higher FSI and called for uniform policy on

it during recent parlays of state government officials and World Bank

experts on Mumbai Makeover program.

MAHA GOVT TO UP FLOOR SPACE INDEX TO 1%

Maharashtra government has decided to increase floor space index from

half per cent to one per cent for constructions in the newly emerging

townships near cities across the state.

The decision to double the FSI for new urban townships has received the

Cabinet nod. The new townships would decongest big cities offering

residential premises to a growing number of urban populations. The

developers in these areas would be charged an extra amount by the

government for the additional FSI which would be utilized for other

projects.

LIMITED FSI ADDS TO LAND SCARCITY

If India’s skyline sans skyscrapers reflects a growing economy, it has also

at the same time added a few limitations as it is by the low Floor Space

Index (FSI) restrictions imposed by municipal authorities of major

metros.

33


With land already scarce, and acquisition quite an issue, the low FSI is

compounding matters for real estate builders across India.

The Floor Space Index (FSI) is the ratio of the total floor area of buildings

to the area occupied on the ground. On an average, most Indian cities

maintain the FSI between 1.33 and 3.75, but this is sadly inadequate,

complain builders, as it does not allow them to spread their costs on the

plot of land.

Land prices in India constitute almost 50% of the cost of the property,

whereas it accounts for only 15 -20% of project cost overseas. In New York

where land rates are steep, the government allows a high FSI, enabling

real estate developers to cover their costs and maintain their profits.

India needs to revise its FSI policy in view of steep land costs, and the

commercial and residential needs of a growing economy. Restricting

vertical growth directs all construction activity towards luxury projects,

such as hotels, to cover the land cost. A trend towards multipurpose use

of luxury construction to work around the FSI restrictions has been

observed.

More mixed land use in Indian real estate has recently been noticed as

fallout of the low FSI and high land cost. Hotel complexes in Bangalore

and Noida are found to be housing retail outlets under the same roof to

cover their costs.

Hyderabad recently hiked its FSI to 5 to accommodate the severe space

crunch felt by real estate builders. In Mumbai, the FSI is the lowest in the

world, considering its size and population. This has led to stretching of the

city to far flung suburbs, straining the infrastructure further.

The FSI policy also needs to look into bringing in variations within the city,

rather than maintaining a flat ratio throughout. The crunch is more acute

in the commercial space category, and a higher FSI would definitely give a

boost to the Indian real estate industry.

34


MUMBAI HAS LOWEST FLOOR SPACE INDEX, SAYS DEVELOPER

Mumbai has the lowest Floor Space Index (FSI) of 1.33 against an all-India

average of 2.5 to 3. The city needs an FSI of at least five to ease the

shortage of housing, a leading developer said today.

FSI denotes the amount of construction that can be done on a given piece

of land.

In Bangalore the FSI is 3.25, in Gurgaon near Delhi, the FSI is between 2.5

and 4, and interestingly, in Hyderabad or the entire state of Andhra

Pradesh there is nothing like FSI and one is free to construct whatever one

wants.

Even in Mumbai, till the mid 1970s the FSI used to be 4. Nariman Point

was given an FSI of 4. However, the state government started reducing

the FSI gradually from the mid-1970s coinciding with the introduction of

Urban Land Ceiling Act.

But Mumbai needs an FSI of 5 to ease the housing shortage. The

argument that the city does not have infrastructure to meet the needs of

the higher FSI is not valid.Infrastructure can be created by imposing

charges for new development. The reason the FSI is not being increased is

due to lack of political will.

Accordingly, higher FSI is an accepted norm globally. In Dubai, he said the

FSI given works out to between 8 and 34, in Hong Kong; it is between 8

and 20. In Manhattan - New York, it is 30.

MORE STRESS ON THE `CORE' – CASE OF HYDERABAD

The HMDA has embarked on a task more challenging than the preparation

of draft Master Plan 2020 for Hyderabad Metropolitan Region including 35


surrounding municipalities. It has now commenced the process of Master

Plan preparation for core city area/Municipal Corporation Area.

A Master Plan essentially lays down regulations for land use, building

norms for environmentally sustainable development. But how does one

plan for the core city that is already congested and bursting at its seams?

Precisely for this reason, HMDA organized a workshop to invite

suggestions for the renewal of inner city. "Planning does not only mean

creating a road map for development of new areas but also to make the

inner city area livable. How to decongest the core area? Can some areas

where population density had gone beyond their holding capacity be

declared no construction zones? How to keep the inner city sustainable

and economically and environmentally viable? All these form part of

planning for core area.

Development of newer areas should never be at the cost of inner city.

Inner city is the soul which should be nourished and amenities be

regenerated even as the urban area expands into hinterlands providing

for a symbiotic relationship between inner city, intermediate city and

urban city.

Slum upgrading, relocation in some cases, traffic redesigning, declaring

some area pedestrian walkways, non-motorized transport, upgrading

capacity of sewerage and water supply, emphasis on preserving art and

culture and sustainable environment to future generations, providing a

place to live, sell and work for poor, using open areas in midst of city as

`haats', provision for night markets for the benefit of vendors are

measures that would meet aspirations of all sections within core city.

FAR ANGLE

As Floor Area Ratio (FAR) acts as lever for construction, FAR permission

should take into account existing densities and infrastructure carrying

capacity. No additional density should be sanctioned in core areas without

36


a detailed planning analysis and public consultations. Efforts should be

made to retrieve lands by public purchase or pooling for strengthening

social infrastructure and civic amenities such as parks, playgrounds,

public toilets, community halls etc., experts suggested.

In other case, it is a step in a positive direction. Developments in the

Central Business district of BandraKurla Complex will get a fillip with the

urban development ministry clearing a proposal by MMRDA to raise the

floor space index (FSI) for commercial properties here from 2 to 4.

A number of corporate are likely to benefit from the state’s decision.

“More FSI would lead to significant corporate investments and improve

the attractiveness of BKC as an investment destination,” “It would entail

creation of additional jobs, which in turn will lead to demand for more

housing and retail in the vicinity. The entire suburban market will be

impacted.”

Increased FSI would also mean better standard of construction and

facilities development, say experts. “BKC has so far lacked in integrated

development. They will now see some kind of integration, convenience

shopping, better parking facilities and food courts.” The increased FSI will

offer opportunities to build different kinds of complexes and several green

buildings would also come up, as increasingly, corporate clients are

demanding a complete working environment and working experience.

“The move will also lead to incorporate high quality facilities, including

security, and automation among other building management systems.”

The additional FSI will be available on payment of a premium prescribed

by the MMRDA and would be a major source of revenue, which the

planning authority would use for mega infrastructure projects, building

flyovers and skywalks. “Given the pressure on land, we need more FSI and

places which have higher accessibility must be provided with higher FSI so

that the land use pattern is efficient.”

37


The strategic location of BKC, which will be connected by metro rail,

deserves to have more constructed space and hence higher FSI was

needed. The implications of the move will be seen only after

developments are in place in about three years from now. It will

essentially improve office space supply, which in turn will affect the price

movement too.

Whether existing corporate would choose to utilize the extra FSI would

depend on their individual cost benefit analysis. They would have to

decide whether better efficiencies or better results would come in through

exercise of the FSI, which would entail demolishing the existing building

and constructing a new one.

“BKC will remain a premium destination; many of these buildings were

built in 1996-98 when technology was not as good. These corporate may,

after a cost-benefit analysis, opt to go for larger buildings which are

technologically superior with better amenities like large parking space,

food courts, among others.”

But most corporates will see how feasible it may be to add one or two

floors or an extra wing, provided the design of the building and vacant

space allows for use of additional FSI. Builders however will look to be

utilizing the entire FSI.

It is expected that the four FSI will be utilized by newer plots, which can

factor it in their costs and planning. Certain plots in BKC are still waiting to

be allotted by MMRDA. The additional 2 FSI will not come cheap. “The

government needs money to build infrastructure, hence will not bring

down the price of FSI. There is a strong demand for BKC. Plots have been

auctioned at high prices and rentals are here to stay.”

On a different note, developers feel the MMRDA rates for the additional

FSI at Rs 15,000 per sqft are too high and will not find many takers. And

few others feel, “MMRDA needs to incentivize the extra FSI by selling it at

38


around Rs 7,000 or Rs 8,000 a sqft, which would be more realistic. Only

then would developers or plot owners find it worthwhile to purchase and

utilize the additional FSI.

“Market fundamentals will always be a factor in benchmarking cost. The

surge in rental values, competition between developers will impact FSI

cost. However developers who have purchased BKC plots in the last two

years, when the FSI cost was averaging around Rs 35,000 would still be

able to average out their costs with the present FSI cost.”

More coordination and planning will be required. The builders, who have

already started constructing projects, without making provisions for

additional parking in the basement, will now have to find ways to provide

the requisite infrastructure, while building the extra floors.

Accordingly, there is very little quality infrastructure in BKC, hence they

cannot continue to command high prices in lease rentals. “The enhanced

FSI cannot operate in a vacuum,” “The government needs to look at the

infrastructure roads, power, water supply, security. Unless these are put

in place, higher FSI would be difficult to sustain. Corporates would also

demand better connectivity to BKC from Kurla, Kalina and Dharavi to be

able to move in and out of the area easily in a shorter time frame.”

NEW MHADA POLICY TO PREVENT MISUSE OF FSI

In a bid to shake off criticism that it was granting additional building rights

in an arbitrary manner, Mhada has come out with a new policy decision

that aims to put a stop to the practice of awarding building rights in the

form of floor space index (FSI) on a first-come-first-served basis.

FSI would now be granted equally to low income group (LIG), middle

income group (MIG) and high income group (HIG) constructions that the

housing board undertakes.

39


The court’s directions came on a PIL filed by NGO Awaaz Foundation

against Mhada’s policy of granting FSI, especially in the Gandhi Nagar

area in Bandra. According to the petitioners, there was a gross misuse of

FSI and unutilized FSI meant for LIG constructions were given to the HIG

buildings.

Mhada’s affidavit, outlining its new policy that was approved by the

Maharashtra government in October 2007 was submitted to the court by

assistant government pleader G W Mattos. The revised policy would be

applicable with respect to redevelopment of housing colonies, for the

grant of extra FSI to cooperative housing societies, small plots and plots

reserved for recreation grounds.

People from economically weaker sections, who apply for tenements in

LIG constructions, now have a reason to cheer. The new policy has

proposed increase in the carpet area in LIG tenements from 30 sqmts to

45 sqmts.Mhada informed the court that the proposal would be

implemented once the Urban Development Department of the state

approves it.

Giving up the policy of first-come-first-served basis for grant of additional

FSI and equal distribution of FSI would now mean that unutilized building

rights of one group cannot be allotted to another group. However, Mhada

clarified that the housing societies can use Transfer Development Rights

and other FSI for the constructions according to Section 33 (5) of the

Development Control Regulations.

The new policy would be applied retrospectively and cooperative societies

that were already granted additional FSI according to the previous policy

would now have to pay a premium. The amount would be a percentage of

the Ready Reckoned rate of the year of allotment of the FSI, the affidavit

stated.

40


In the overall analysis, the additional FSI will in the medium term

have an impact. Nothing will change in the short term, as the

supply is only on paper. We cansee more and different types of

buildings and things should ease out in the next two or three

years. Lease rentals are based on the expectation of economic

growth. Increasingly Urban places will lace cyclical situations in

real estate.

DEVELOPMENT CONTROL AND ZONING REGULATIONS W.R.T FSI/

FAR

Urban management is an essential part of Urban Development. The whole

question of urbanization is complex because of the interdependence of

various factors of which physical planning is the base. Conflict between

the users and providers exist. Users include populations, industries and

commercial establishments while providers encompass policy makers,

planners and authorities. The interaction between two decides the quality

of urban life.

Besides, these most of the urban areas in most countries of world have

witnessed unprecedented expansion. Industrialization and Urbanization

has been responsible for the various problems of transportation, over

congestion, existence of non-and conforming uses on adjacent sites. Thus

Process of development thus becoming more and more complex.

All these are results of not guiding development in a particular direction or

checking the unwanted development by certain public and private

41


developers. Development plans are made to remove these irregularities.

Development controls are an integral part of these development plans.

They aim at regulating development in accordance with land use setbacks

and many other things in a compatible manner.

Development – Definition: Carrying out of building, engineering, mining or

other operations in or over or under land or water or making of any

material change in any building or land or in the use of any building or

land and includes redevelopment and subdivision of any land.

Development Control – Definition and Significance: It is the process

through which development carried out by many agencies, both by public

and private are checked in the benefit of whole society. In the United

Nations report of 1977 it is stated that key elements that comprise

complex urban systems in the less developed countries are (a) physical

factor based on the size and density of the population (b) Functional

characteristics of a place (c) Mixed Land use patterns.

As land is not available in the free market, as a result land prices have

spiraled up to very high ultimately resulting into a high land component in

the total cost of the project.

As it is very difficult to acquire the land which are more than 1000 sq.m,

most of the builders are undertaking small projects and unable to achieve

economy in the construction.

Thanks to a couple of scams in Mumbai and elsewhere, the terms FAR or

FSI are quite familiar to average citizens in India. Few people however

have any idea what a Floor Area Ratio (FAR) of 2.0 actually means on

ground in environmental and economic terms though some may know its

mathematical formula. Public knowledge also includes that the developers

and builders as rule keep asking for higher FAR which the government

keeps opposing, also that the environmental groups religiously make

noises against any increase in FAR.

42


The National Housing Seminar’ held in Delhi in October ’96, counted

among its participants a large contingent of real estate developers from

across the country. It passed a recommendation that the Government

should consider giving increased FSI in the growing urban areas so as to

reduce the increasing pressure on agricultural land. One may find it

difficult to understand how this helps the building trade.

AIMS and OBJECTIVES of Development Controls

It largely implements the provision of development plan, the aimed

development and direction of development.

a. Guides development or the use of land and preserve other site

against the intrusion of undesirable development.

b. Curbs misuse of land so that it will not injuriously affect the interests

of the community.

c. Regulates the non – use of misuse of land.

It sets certain trends in the framework of development process which

indirectly help in improving the total environment.

It provides for quantitative and qualitative measures of demand in a

changing pattern of land use.

It helps to secure coordinated development.

Development control rules are generally made to meet relatively static

situations and generally become too rigid in nature. They must cope with

the increase in the population and the complex needs of urban society. It

must be dictated more by social requirements of the community.

Development control is a skilled process, and needs to be treated with

care, with intelligent appreciation and all that it involves. It must not be

forgotten that this tool is available for the betterment of the environment,

for the community and not to meet certain political or special ends. The

success of development control system depends more upon the

43


cooperation and understanding between government and private

enterprise.

Elements of Public Interest which prompt the Use of Development

Control

1. Health

2. Safety

3. Convenience

4. Economy and

5. Amenity

Health and Safety: A strong emphasis on constraints to prevent

conditions injurious or hazardous to the physical well – being or the people

of the community is important. The following criteria are to be achieved:

a. Protection against accident hazards.

b. Provision of adequate daylight.

c. Sunshine and Ventilation.

d. Protection against excessive noise.

e. Protection from fatigue and provision of adequate privacy.

f. Protection against atmospheric pollution.

g. Provision of opportunities for normal family and community life and

protection against normal hazards.

h. Provision for possibilities for reasonable aesthetic satisfaction.

Most of these controls apply to individual and to the broad pattern of land

use and take the form of regulatory measures involved in zoning,

subdivision regulations, etc.

Convenience: It is closely associated with the public interest and

constitutes a third major basis for the exercise of control. Public

convenience is basically a derivative of the location arrangements of land

use and the relationship that each functional use bears to every other

one. Convenience can be judged in terms of home to work, work to

recreation, etc., relationships.

44


Economy: Economy is a term concerned with public cost implications.

What land use arrangement is most efficient and least costly to the

municipality and to the citizen is the basic concern hero in the exercise of

control. Economy is closely associated with convenience.

Amenity: It refers to the pleasantness of the Urban environment as a

place in which to live, work and spend one’s leisure time. The increased

importance being attached to amenity as a dimension of public health and

mental well being, may well result in a more positive recognition of

aesthetics as a basis for exercise of regulatory control in the future.

TOOLS of Development Control

The most common ones are:

1. Land use control.

2. Sub-division control.

3. Height control.

4. Plot coverage control/ Set back control.

5. Floor area ratio Density control.

6. Building line control.

7. Architectural control advertisement control.

8. Building bylaws or Building Regulations.

9. Zoning.

Land Use Control: This works directly towards the beneficial regulations

of the physical environment through the choice of basically suitable

locations from various uses. It directs private action towards the

achievement of public goals. It allocates the reasonable quantity and

quality of land for each type of use and through this control; the uses

could be grouped and related to one another, so as to avoid the

juxtaposition of inharmonious or incompatible uses. The main aims are to:

1. Maintain proper standards of health, safety, morals and welfare.

2. Avoid the deterioration of general environment which may be due to

a misuse of incompatible uses.

45


3. Stabilize the land values and to avoid speculation of land.

Land use control helps to regulate the allocation of different uses such

that the basic requirements of each one of the uses are fulfilled.

Subdivision Controls:Due to increasing demand for plots for erection of

houses, factors and other structures, the owners of agricultural and

vacant lands outside the built up areas of cities sub – divide their lands

into plots and streets and sell them. Sub division regulations give local

authorities powers to exercise control over this land subdivision.

In India, powers for control over land subdivision are available under the

Municipal Act but there is need to frame separate subdivision regulations

so as to specify details standards with regard to road widths, minimum

plot sizes, payment of security deposit, etc., but very few local bodies in

India have framed such subdivision regulations. Such regulations are also

needed in cases of new Industrial townships where the municipal act may

not be in operation.

The basic philosophy underlying subdivision control is that the owner of

the laid being subdivision as house-sites and streets should bear the

responsibility for forming the streets in the prescribed manner and for

setting apart the required public sites for the community facilities. The

local body should not incur expenditure in this regard from its general

funds. It should only be responsible for their maintenance.

There is an obligation, normally under the municipal act, requiring that if

any owner of land utilizes or sells sites for buildings, lay down streets

giving access to the sites. He is required to send a proper layout plan

showing plots and streets to the local authority and obtain its approval

before the sales of the plots. If the land in question falls within the limits

of a planning scheme, notified under the town – planning act, then the

Municipal Council will take into consideration the scheme proposals and

scheme bylaws while scrutinizing the layout application.

46


It is desirable that the subdivision plans of owners of adjoining lands

should be coordinated in the interests of proper development of the entire

area and provision of necessary public sites and the proposed streets

should be of adequate width and property integrated with existing street

patterns.

It is also necessary that the subdivision layout plan would be within the

broad framework laid down by the Master Plan with regard to land use,

density and road proposals. In fact, some of the American Planning Laws

specify that sub-division control can be exercised only within the

framework of a Comprehensive Development Plan.

The Municipal act also specifies normally that the streets shown in the

approved layout plan should be properly leveled, paved, metaled, flagged.

Channeled, severed, drained and lighted to the satisfaction of the Council

before the plots are built upon. Thus no license should be granted for

construction of a building on a plot unless the above mentioned conditions

are satisfied. A street shown in the approved layout plan may be declared

as a public street by the Council based on a position sent by the owners of

adjoining plots if it has been formed in the manner specified in the

standards, some of the local bodies collect security deposit, sometimes

referred to as development charge, at the time of approval of subdivision

plan.

Height Control: These are designed primarily to ensure an adequate

supply of Light and Air. They have been used, less successfully for the

purpose of limiting the capacity of buildings to the capacity of streets.

Since much of the street traffic does not originate from the abutting

property and buildings of the same plot. Used for different purposes do

not always generate the same amount of traffic, plot control does not

offer an entirely satisfactory solution to the problem. Regulations are

adopted for the tall buildings because they

1. Cut off the light and air for the neighbors.

47


2. Generate increased traffic, as a result of the large number of offices

and shops which they contain.

3. Sometimes overload utilities.

4. Endanger occupants due to fire hazards.

5. Amplify the noise and confusion of the streets.

But in CBD tall buildings are allowed due to high cost of land.

Three principal methods used limiting the height of the buildings area:

1. Maximum feet or meter

2. The number of storey permitted

3. Multiples of street width subject to certain limitations

Some case even angle from street center is used. This is mainly to allow

light. Height controls are also helpful in achieving a particular character of

use zone.

Plot Coverage Control:These along with height regulations help to

check the size and bulk of buildings. Open space which is compulsory to

be left while regulating plot coverage helps to secure sufficient light and

ventilation.

They are usually dependent on factors like:

1. Character and use of district.

2. Size of the plot.

3. Availability of fire services.

4. Special problems of water supply and sewerage disposal.

Generally it is specified by the percentage of total area that may be built

upon.

Set Back Control:These regulations may vary from use to use and area

to area. These are beneficial because they:

1. Afford room for lawns, trees, etc.,

2. Keeps the dwelling away from dust, noise and off the street.

48


3. Reduce the hazards, due to space between buildings.

4. Can be used for parking.

These regulations vary depending upon plot size, proportion of plot, use of

district local environment, etc.

Floor Area Ratio Control: FAR is the total floor area of all storeys of a

building to the total area of the plot. This is advantageous because:

1. It can be applied to all types of buildings.

2. It is more flexible than other forms of control.

3. Additions and alterations to existing buildings can be more easily

controlled.

FAR depends upon many factors. The following points are considered:

1. The standard of utility services.

2. Transport and communications.

3. Existing character of development, need for its improvement,

prevailing land values.

4. Standards of social and community facilities.

5. Living space standards.

6. Light, air, privacy, etc.

7. Total land available for development.

8. Maximum desirable population in the planning areas.

Higher FAR is usually for CBD since the land values are higher.

Density Control: This control is of vital importance to the community as

it directly checks the number of persons in the area. Other regulations do

not directly control the number of persons. The factors are:

1. Overcrowding of the population.

2. Congestion in streets.

3. Reduction of fire hazards.

4. Overloading on the utilities, etc.

49


The decree of aggregation of population in different settlement gives the

activity patterns and decides the land use pattern and structure of the

settlement. The optimum range of density is very much required for

maintaining the optimum living standards.

Building Line Control: Building lines are established along one or both

sides of a street and thus prevent the creation of any new structure

between the building line and the street. They are established for any one

of the following:

1. For future widening and creation of certain streets and roads.

2. For designing right of ways of certain streets and highways which

are not yet acquired and physically opened.

When a building line lies within the lot area occupied by an existing

structure nothing happens for the time being, but if the owner of that

building tears it down and replaces it with a new structure, he is required

to erect the new building, back of the line.

Architectural Control:The primary objective is to prevent excessive

uniformity, dissimilarity, in appropriateness and poor quality of design in

the extension of buildings. These types of control have gained importance

in cities like Delhi, Chandigarh etc. Architectural control generally includes

façade control but sometimes the frame control may also be exercised to

achieve a particular character. Frame control may be exercised in new

developments where the row houses etc are coming up. This control

required the construction of a frame around each individual to fix his

apertures as may be required by him. Conditions like height of building or

number of floors or proportion of openings may also be specified.

Façade control is exercised by reviewing the plans and specifications for

location and exterior design of all buildings in particular areas. These

types of controls even help in conserving areas of historical importance

like the Charminar Complex at Hyderabad.

50


Advertisement Control:Control of advertisement is comparatively a

recent phenomenon. The public interest in controlling outdoor

advertisement is not always confined to hazards to public safety but also

aesthetic considerations. Permanent damage may be caused to the entire

city landscape in case a control is not exercised. Posters or hoardings at

traffic junctions may draw the attention of motorists causing accidents.

Usually these controls are exercised on major thorough fares in the city,

public highways, schools, temples, etc.

Advertisement control is much more difficult to exercise than some of the

other controls because in many cases the validity of the same may be

questioned as in the case with some of the western countries.

BUILDING BYE LAWS W.R.T FSI/ FAR

Every locality has peculiarities of its own and with respect to its weather

conditions, availability of materials and labor, other local factors, etc. It

becomes economical to construct residential buildings and other

structures in definite planned way.

Hence, every locality prepares or frames certain rule and regulations

controlling the development of area its command. A Bye law is a law 51


framed by subordinate authority. The building codes are defined as the

standards and specifications designed to grant minimum safe guards to

the workers during construction; to the health and comfort of users and to

provide enough safety to the public in general.

The need of enforcing building bye laws by law is quite evident from the

fact that unless prevented by law, the house owners, with profit as the

only motive, will construct residences lacking in amenities and health

conditions.

In the absence of suitable byelaws and machinery to enforce the poor

people will be left at the mercy of well – to – do people.

The importance of building byelaws and to smoothen the work of

government of departments, municipal bodies and other construction

agencies, the national building code or NBC has been published by Bureau

of Indian Standards. It is prepared to unify the building regulations

throughout the Country.

By tradition, the administration of building rules in urban areas of our

country has been the function of municipal bodies. The mention of

building rules brings different images to different persons – to the citizens,

it often symbolizes a source of harassment and corruption; to the elected

councilors, it represents a cause for headache and friction with elected

members; to the building inspector, they are sources of additional income

arid influence in the town, while, to the town planner, they represent an

ideal viz, the orderly growth of towns. Thus in discussing building rules,

we are dealing with very sensitive areas of municipal administration.

However, the fact has been influenced more by enforcement of building

bye laws, municipal acts, and activities of improvement trusts rather than

by implementation of schemes under the Town Planning Acts.

Building rules specify standards relating to structural safety of buildings,

internal dimensions of rooms, light and ventilation, open spaces to be left

on plots around buildings, minimum standards for facilities like kitchen,

52


latrine, bathroom and sanitation. Building rules are applicable uniformly

over all sites within a municipal area. Under the municipal acct, no party

can make a material change in land use without applying in the

prescribed manner and obtaining a license from the municipal body,

which takes into account the building rules and other statutory provisions

while dealing with the building applications. Some of our acts do not make

any reference to the obligation to obtain permission when making

material change in use of buildings. In some cities, the executive officer of

the local body has powers to pass final orders on the building applications

while elsewhere this power rests with a standing committee set up by the

election body. The State Town Planner or in some cases, the appropriate

committee of the local body has powers to grant exception from the

operation of building byelaws in any cases of hardship. Any building

constructed without obtaining permission from the local body or in

deviation from approved plans is treated as an unauthorized construction

by the local body and appropriate action against it through demolition or

prosecution in a court or collection of a compounding fee for overlooking

the offenses.

EVOLUTION OF BUILDING REGULATIONS W.R.T FSI/ FAR

There were no separate Building regulations before 1972. Buildings

regulated through street and building lines and layouts rules given in HMC

Act and MCH layout Rules 1965. Building Bye Laws 1972 came into force

for the first time. Stipulated minimum plot size for various categories

occupancies of buildings; setbacks; coverage; and maximum height of the

buildings; and FAR provisions introduced in the building regulations for the

first time – applicable to only non – residential buildings. Further changes

in the buildings regulations were put forward by various G.Os issued from

time to time.

Andhra Pradesh Town Planning Act, 1920; Building rules form part of the

A.P> Municipalities Act – 1965.

IMPORTANT RULES

53


1. Adequate stability of the buildings.

2. Clean environment in and around the buildings.

3. Adequate standard of healthy life for the inmates of the buildings to

be used as a place of living, work and recreation.

4. The prevention of encroachments and misuse of the lands covered

by the long neglected system of communication like streets, lanes

and the public open spaces.

5. Architects Act – 1972.

TIME LINE

1875 – Public Health Act.

1936 – Minister of Housing and Local Government.

1953 – Series IV (buildings); 1953 edition, issued by the Ministry.

1962 – Town & Country Planning Act.

1965 – Municipal Act.

1972 – Building Regulations.

EVOLUTION

PERIODRULES &

REGULATIONSDESCRIPTION

Prior to 1973

HMC Act 1955MCH Layout

Development control exercised by Commissioner as per provisions of HMC

54


Rules 1965

Act, 1955. No separate Building Bye Laws, Layout rules came into force from Jan’66. Buildings regulated through street and building lines and layout rules mainly. Building line ranged from 10’ to 25’. Factories regulated separately under section 517.

May 1973 onwards

Building Bye Laws 1972

Building Bye Laws 1972 came into force. Applied to all areas of city. Stipulated minimum plot size for various categories/occupancies of buildings; setbacks ranged from 3m to 12.2m; plot coverage ranged from 40% to 70% of site area, separate stipulations for congested areas.Completion Certificate and Occupancy Certificate provisions; maximum stipulation of buildings allowed up to 30m. FAR provision introduced for the first time – applicable to only non – residential buildings – ranged from 1.5 to 3.5; detailed provisions of requirements of parts of buildings.

Sept 1975 onwards

G.O. 414 Dt./ 27.09.1975

Statutory Development Plan for city came into force. First zoning regulations based on British T.P. Act 1934 enforced. These ZRs provided for FAR, coverage, plot sizes, permissible height which were in variance with 1972 Building Bye Laws. FAR provisions covered residential buildings too – ranged from 2.5 to 4.0 (commercial buildings). Superseded 1972 Bye Laws provisions in the above aspects as per bye law 70.

Aug. 1981 onwards

HUDA zoning regulations

1981 Hyderabad. Multistoried regulations

1981 and MCH building bye laws 1981.

HUDA ZRs 1981 came into force. This amended and superseded 1965 layout rules, 1972 building bye laws and 1975 ZRs. Comprehensive provisions are statutorily in force till date. Building provisions adaptation 1972 bye laws. Maximum FAR brought down to 2.5 in this. Zoning Regulations made similar to Bombay provisions. Concept of mixed zone (R2) introduced. In conjunction, MCH Building Bye Law – 1981 came into

55


force which contained remaining portions of 1972 bye laws (requirements of parts of buildings, etc.). For the first time multi – storied building regulations 1981 enacted and made applicable for entire metropolitan area. Maximum building height brought down to 25m by amendment. Open spaces around MS building related to height ranging from 6m to 10m. Fire safety, structural safety requirements, etc, introduced. Certain areas in city made prohibited zones for MS buildings.

May 1987 onwards

G.O. 584Dt./ 28.05.1987

FAR provisions revised and brought down. Ranging from 0.75 to 1.5 through said G.O. (merely an executive order) made applicable for all UDAs and municipal areas within the state. In effect overridden FAR values of HUDA ZR 1981 and values prescribed in various ZDPs.

Aug. 1987 onwards

G.O. 708Dt./ 11.08.1987

HUDA ZRs 1981 amended through said G.O. for all small plots up to 400 sq.m with relation to coverage (55% to 80%), set backs (0.75m to 3m) and height (7m to 10m).

Nov. 1988 onwards

G.O. 601Dt./ 05.11.1988

In Banjara – Jubilee Hills areas like minimum plot size of 350 sq.m, minimum access road width of 40’, FAR of 1.0, coverage of 40% and net density of 25 dwelling units.

May 1989 onwards

G.O. 234Dt./ 6.05.1989

FAR enhanced to 2.5 for certain areas through G.O. 234dt. 06.05.1989 (executive order) but did not come into operation (law suspended).

Apr. 1992 onwards

Provisions of S.No. 04 above and G.O. 75 &

76Dt./ 06.02.1992

FAR provisions further revised and graded according to plot size, width of abutting road & category of area – ranging from 1.00 to 2.00. Separate detail provisions for Group Housing Schemes introduced with 1.25 FAR, dwelling density and toilet requirements reduced coverage, uniform graded set backs, etc., Through G.O. 76, building set

56


backs stipulated on plot size and road width basis. This executive order in effect overridden HUDA ZR 1981.

ANCIENT BUILDING RULES

Selected rules and codes according to Manasara or

ViswakarmaPrakasika are:

1. First layout the village, town or city, then plan and build the houses.

2. King should allot sites necessary for all classes of men high, middle

and low.

3. The minimum land required for the low class man – 24’X48’.

4. The minimum land required for the middle class man – 36’X72’.

5. The minimum land required for the high class man – 48’X96’.

6. In no case >50% of the extent of the site shall be built up on.

7. First, plat trees then erect the building.

8. The palace of the king can have seven storeys.

9. The Brahmins – 4 storeys.

10. The Kshatriyas – 3 storeys.

11. The Vaisyas – 2 storeys.

12. The Sudras – 1 storey.

13. The height of buildings in the same street shall correspond.

14. There shall be no deviations from the measurements of

lengths, widths and heights.

15. Open front yards 1/3 wide of plot.

16. Rajamarga not <60’ (10 Dhanus) and Street not < 24’.

IMPORTANCE OF BUILDING BYE LAWS W.R.T FSI/ FAR

57


To promote the maximum safety to life, health and property, at minimum

building costs, through education and training of building officials, plans

examiners and inspectors. To create a better public understanding and

appreciation of the proper administration and enforcement of building,

housing and zoning regulations and their importance to the safety,

welfare and prosperity of all citizens.

To improve the professional image of building officials by promoting

standards of effectiveness and ethics in the administration and

enforcement of building, housing and zoning laws through

communication, education and training. To assemble with other

government officials and industry representatives concerned with

building, housing and zoning laws at an annual conference to enable the

exchange if ideas and discuss issues if mutual interests.

To develop, in cooperative with the continuing education systems if State

universities and colleges, courses of instructions and certification of

building code enforcement personnel, to provide professional assistance

and technical guidance to legislative and other government bodies in the

promulgation and administration of building codes and related

regulations.

Importance of structural mitigation to minimize the impact of earthquakes

and adoption and implementation of appropriate byelaws to usher into a

safer built environment. A number of technical experts from the

Government as well as the private sector participated in the deliberations.

58


DETAILS OF GOs RELATING TO HMDA (erstwhile HUDA) W.R.T FSI/

FAR

Sl

.

N

o

G.O. No. DATE SUBJECT

0

1GO Ms No. 422 MA 31.07.1998

Municipalities not covered by UDA

areas – Rationalization of Floor Area

Ratio (FAR) and other standards of

building requirements

0

2GO Ms No. 423 MA 31.07.1988

Municipal-Corporations,

Municipalities and other areas

falling in UDAs in FAR & areas –

Rationalization of FAR Book and

other standard requirements.

0

3GO Ms No. 411 MA 27.09.1975

UDA – Declaration of Developed

Area Notification.

0

4GO Ms No. 421 MA 29.09.1975

UDA _ Constitution of UDA –

Nomination of members.

0

5GO Ms No. 575 MA 12.12.2000

Special Area Development Authority

_ HussainSagar Lake and its

environs

0

6GO Ms No. 21 MA 20.01.2001

Declaration of Special Area

Development Authority _ CDA.

0 GO Ms No. 529 MA 25.10.2001 BPPA – Constitution of Authority -

59


7 Nomination of members.

0

8GO Ms No. 352 MA

30 – 07 -

2001


Development Authority 3 – A of

APUD Act – HADA.

0

9GO Ms No. 535 MA 07.12.2002

BPPA – Constitution of Authority -

Nomination of members.

1

0GO Ms No. 312 MA 06.05.1987 Act – Urban Arts Commission.

1

1GO Ms No. 520 MA 18.04.1979

Constitution of committees – Rules

1979

1

2 GO Ms No. 215 HMA 01.04.1977 HUDA – Rules

1

3- - APUD Act, 2001

1

4- - APUD Act, 2000

1

5- - APUD Act, 1997

1

6- - APUD Act, 1996

1

7- -

Amendment – Statement of objects

& Reasons.

60


1

8- - APUD Act, 1975

1

9GO Ms No. 111 MA 08.03.1996

Protection of catchments areas of

Himayatsagar& Osman Sagar Lakes

– Recommendations of Committee

constituted by HMWS & SR –

Amendment to GO Ms No. 192, MA,

31.03.1994.

2

0

GO No. 43

(Agriculture & Coop.

Dept.)

07.02.1996

Horticulture & Floriculture –

Measures to be taken for

development of Horticulture &

Floriculture in AP – Clarifying and

declaring floriculture as Agriculture.

2

1

GO No. 143

(Agriculture & Coop.

Dept.)

27.05.1996

Horticulture Dept. – Mushroom &

Tissue culture units – Extension of

facilities given to floriculture units

to mushroom & tissue culture units.

2

2GO Ms No. 414 MA 27.05.1975

MCH – Development Plan and

Regulations.

2

3GO Ms No. 916 MA 11.08.1987 BDA Zoning Regulations

2

4GO Ms No. 528 MA 25.09.1998

Orders – Approval – Layouts and

building permissions.

2 GO Ms No. 292 MA 28.05.1994 Abridged version of ZRs – To reduce

61


5 minimum plot size.

2

6

GO Ms No.4

MA04.01.1999 EWS-layout requirements

2

7GO Ms No.541MA 17.11.2000

Construction of buildings over

10mts

2

8GO Ms No.508MA 10.11.2002

MCH-Declaration of major roads-

Impact fees

2

9GO Ms No.15MA 15.01.1998

Road widening-Delegation of

Powers

3

0GO Ms No.36MA 31.01.2002 Tourism projects-incentives-ZRs

3

1GO Ms No.169MA 27.04.2001

IndustrialpolicyFaculties/

Incentives/Conversion-Agriculture to

Commercial

3

2

GO No.611

Industries

GO No.41

Industries

01.12.1986

29.03.1995

Industrial Development

Simplification of procedures

3

3

GO No.78

Industries18.03.1998 Industries-SSIs

3

4

Notification No.

3195/PR/H/200004.05.2000 Major lakes in HUDA area

62


3

5GO Ms No.538MA 29.10.2001 Notifying Master Plan of CDA

3

6GO Ms No.51MA 05.02.1996 Rules-HUDA-Amendment-Rates

3

7

Lr.

No.4058/H2/2003-

1MA

17.062003Modifications to Zoning Regulation-

Betterment charges

3

8

Lr.

No.4058/H2/2003-

3MA17.06.2003

CDA- Modifications to Zonal

Regulations/Building Regulations-

Draft variation

3

9

GO Ms No.102MA

GO Ms No.407MA

23.031998

06-09-2002

List of Notified Buildings in

Hyderabad

4

0GO Ms No.542MA 14.12.1995

Regulation of Heritage Buildings

and Heritage Precincts(Rocks)

4

1GO Ms No.416MA 12.081996

Regulations for protection of

Historical buildings-Constitution of

Heritage Conservation Committee

4

2GO Ms No.102MA 23.031998 List of 137 Heritage buildings

4

3GO Ms No.681MA 02.12.1999

Constitution

of Heritage Conservation

Committee

63


4

4GO Ms No.407MA 06.09.2002

Heritage Building-Administrative

Building of Central Prison

Musheerabad,Secundrabad

4

5GO Ms No.4MA 02.01.2003 Approval of heritage precincts

4

6GO Ms No.24MA 22.01.2003 Heritage Conservation Committee

4

7GO Ms No.924MA 18.11.2005

Hyderabad Urban Development

Authority ,Hyderabad-Change of

Land Use from Institutional Use

Zone to Industrial Use Zone in Plot

No.117&118,Sy-Nos 7/1,7/2,8,9 and

10,Ward nNo.8,Block No.5,Defense

Colony,Karmanghat

Village,SarornagarMandal,

Rangareddy District to an extent of

1000 Sq.Yards for installation of

Groundnut Crushing Unit-Draft

Variation-Confirmed-orders-issued

4

8

GO Ms No.508 Dated:

20.10.1995

Land-Government Land-

Regularization of encroachment by

way of dwelling houses on

Government lands situated in areas

notified as Urban in 1991 census

and in Industrial Township on

payment of market value-Orders-

Issued

64


4

9

GO Ms No.972MA

REVENUE

(ASN.1)

DEPARTMENT

Dated:

the 4th

December

1998

Land-Government Land-

Regularization of encroachment by

way of dwelling houses on

Government lands-Partial

modifications to GO Ms.No.508

Revenue (ASN.1) Department,

Dated

20.10.1995-Orders-Issued

5

0GO Ms No.580MA 17.081982

Urban Development Authorities-

Delegation of powers of

Development control of Municipal

Cooperation-Municipalities-

Instructions-Issued

5

1GO Ms No.154MA

Dated:

06.03.1992

Buildings-Municipalities/Municipal

Cooperation’s/ Urban Development

Authorities-Revision of P.S.I-Orders-

Issued-Further Orders-Issued

5

2G.O.(RT)No.1849MA

Dated:

17.10.1986

Buildings-Un-authorized conversion

of the permitted uses both in

Municipal Corporation and

Municipalities-Prompt and tangible

action not being taken-Detailed

instructions-Issued

5

3

G.O.Ms.No.332HOM

E

(GENERAL A)

DEPARTMENT

1

2thApril,1979

CINEMAS THEATRES-Area

comprising Municipal Corporation of

Hyderabad-Issue of Permission-

Procedure Prescribed-Orders-Issued

65


5

4GO Ms No.76MA

Dated:

06.02.1992

Buildings- Hyderabad Urban

Development Authority-Vijayawada

Guntur, Tenali Urban Development

Authority and Vishakhapatnam

Urban Development Authority-

Revision of Standards of Set-backs,

plot coverage etc.- Orders issued

5

5

GO Ms No.97915th

November,2

001

CYBERABAD DEVELOPMENT

AUTHORITY-Delegation of

Development powers to

Serlingampalli Municipality-Orders-

Issued

5

6GO Ms No.526MA

23rd

October,200

1

Cyberabad development Authority-

Appointmentof special officer to

manage the affairs of the

Cyberabad development authority-

Orders-Issued

5

7

GO Ms No.48028.07.1988

Buildings-Gram Panchayat-Issue of

Licenses and permissions and

approvals of layouts by the Gram

Panchayat under Andhra Pradesh

Gram Panchayat Acts and the rules

made under-Certain clarifications-

Issued

5

8 GO Ms No.78

18.03.1998 Industrial Development-Effective

development of Cottage and Tiny

and Small Scale Industries in the

State-Simplification of procedure for

66


setting up of Small Scale Industrial

Units-Issued-certain amendments-

Issued

5

9

GO Ms No.108

INDUSTRIES &

COMMERCE(IP)

DEPARTMENT

20th may

1996

INDUSTRIES-TARGET 2000,NEW

INDUSTRIAL POLICY,1995-SCHEME

OF STATE INCENTIVES FOR SETTING

UP OF NEW IINDUSTRIES IN

ANDHRA PRADESH-ORDERS-ISSUED

6

0

GO Ms No.409MA 7th

August,1996

LAYOUTS-Unauthorized and

Panchayat approved layouts falling

under the jurisdiction of Urban

Development Authorities-

Regularization of layouts and

change of land use-Delegation of

powers to Vice-chairman of Urban

Development Authorities-Orders

issued

6

1GO Ms No.4MA

4th January

1999

Economically Weaker Section-

Approval of Layouts/Housing

Scheme-Delegation of powers to

Municipal Commissioners-Orders-

Issued

6

2G.O .Ms No.523MA

25th

September

1986

URBAN DEVELOPMENT

AUTHORITIES-Division of function of

Urban Development Authorities and

Municipal

Corporations/Municipalities-

Instruction-Issued

67


6

3G.O. (Ms) No.65MA

Dated:

05.02.1987

Layouts and Sub-division of lands

and land development under the

jurisdiction of Municipal Corporation

and Municipal Corporations limits

and falling under the jurisdiction of

Urban Development Authorities-

guidelines for taking action on the

sub-division of lands made-Issued

6

4G.O. Ms No.912MA

9thSeptember,

1987

ESTABLISHMENT of Satellite

Township in the areas under the

jurisdiction of Urban Development

Authorities of

Hyderabad,Vishakapatnam and

Vijayawada –Guntur-Tenali Urban

Development Authorities-

Administrative Sanctions-Accorded

6

5G.O. Ms No.229MA 16.04.1994

Layouts-Municipal Corporation of

Hyderabad-Amendments to Layouts

rules in respect to layout open

spaces-Orders-Issued

6

6G.O.Ms No.28MA

22nd

January,199

6

HUDA-deletion of 10% of additional

site in layout approvals in change

of land use cases-Orders-Issued

6

7G.O.Ms No.367MA 12.07.1988

LAYOUTS and sub-division of lands-

Land Development and issuance of

Building permissions-Guidelines-

Issued

68


6

8G.O. Ms No.528MA

25th

September,1

998

Municipal Corporations,

Municipalities and Urban Authorities

Areas-Provision of Minimum road

width in layouts-Instructions-Issued

6

9G.O. Ms No.78MA 18.03.1998

Industrial development-Effective

development of cottage and Tiny

and Small Scale Industries in the

State Simplification of Procedure for

setting up of Small Scale Industrial

units-Orders-Issued-certain

amendments-Issued

7

0G.O. Ms. No. 765 MA 12.09.1975

Constitution of an Urban

Development Authority for the

Hyderabad Development Area –

appointment and nomination of

member – Notified.

7

1G.O.RT.1235MA 14.08.1992

Buildings-Urban Development

Authority areas-Unauthorized

constructions-Regulations of

Unauthorized constructions made

on the plots/sites where the title

deeds vests with the plot/site

holders-Reg.

7

2 G.O. Ms No.192MA

31st

march,1994

Hyderabad Metropolitan Water

Supply and Sewerage Board-

Protection of catchment areas of

water sources for twin cities of

69


Hyderabad and Secunderabad and

Osman Sagar-Recommendations of

the committee by the Hyderabad

Metropolitan Water Supply and

Sewerage Board-Accepted-Orders-

Issued

7

3G.O. Ms No.249MA 23.05.1996


Municipalities and areas covered by

Urban Development Authorities

Zoning Regulations-Consolidated

orders for construction of individual

buildings-Issued

7

4G.O. Ms No.275MA 19.05.1994

Buildings-Hyderabad Urban

Development Authority-Vijayawada

HunturTenali Urban Development

Authority-Vishakhapatnam Urban

Development Authority-Certain

amendments to standard of set

backsto.-Orders-Issued

7

5G.O. Ms No.292MA 28.05.1994

Amendments to the Zoning

Regulations/Layout Rules in order to

reduce the minimum plot size for

residential flourishing-Orders-Issued

7

6

G.O. Ms No.584MA 28.05.1987 Municipal Corporations,

Municipalities, Buildings-

Permissions being granted basing

on the F.S.I/F.A.R prescribed under

th e sanctioned Master Plans and

70


General Town Planning Schemes

and Zonal Development Plans-

Review made-guidelines to

prescribed the standards of

F.S.I/F.A.R-Orders-Issued

7

7G.O. (MS) No.627MA 25.06.1987

REGULATIONS- HYDERABAD URBAN

DEVELOPMENT AUTHORITY-MULTI

STOREYED BUILDING REGULATIONS

1981-AMENDMENT-ISSUED

7

8G.O. Ms No.75MA 06.02.1992

Buildings-

MUNICIPALITIES/MUNICIPAL

CORPORATIONS/URBAN

DEVELOPMENTS AUTHORITIES-

REVISION OF F.S.I-ORDERS –ISSUED

7

9G.O. Ms No.625MA 11.10.1993

Urban development Authorities-

Revision in the standards of

building requirements-certain

modification in respect of minimum

height of habitat able room-Orders-

Issued

8

0G.O. Ms No.665MA

19TH

December,1

996

URBAN DEVELOPM,ENT

AUTHORITIES-Approval of Building

Permission for Industrial Buildings

by Urban Development Authorities

and Director Town & Country

Planning in Industrial Development

Areas-Delegation of Powers to

APIIC-Orders-Issued

71


8

1G.O. Ms No.192MA

31st

March,1994






Osman Sagar and HimayatSagar-

Recommendations of the

committee by the Hyderabad



Issued

8

2G.O. Ms No. 276 MA 19.05.1974

Regulations – HUDA _ ZRs 1981 –

MSBRs 1942, Hyderabad,

prescribing of building lines with

respect of certain malls – centers –

Issued.

8

3G.O. Ms. No. 300 MA 11.05.1983

Buildings – Hyderabad Urban

Development Authority –

Vijayawada, Guntur, Tenali Urban

Development Authority and

Visakhapatnam Urban Development

Authority – Certain Amendments. To

standards of setbacks, Plot

Coverage, FAR etc., - orders –

Issued.

8

4

G.O. Ms. No. 712 MA 9th Nov 1987 Establishment of satellite townships

in the areas under the jurisdiction if

Urban Development Authorities –

72


Acquisition of lands required –

Instructions – Issued.

8

5G.O. Ms. No. 903 MA 4th Nov 1987

Establishment of satellite townships

in the areas under the jurisdiction of

Urban Development Authorities –

Preparation of the plans of the

satellite townships and

implementation of the schemes –

certain guidelines – issued.

8

6G.O. Ms. No. 423 MA 31.07.1998


Municipalities and other areas filling

in urban development authority

areas – Rationalization of Floor Area

Ratio (FAR) and other standards of

building requirements – orders –

issued.

8

7G.O. Ms. No. 576 MA 10.12.2000

Special area development authority

– BuddhaPurnima Project Authority;

Charminar area – orders – issued.

8

8

G.O. Ms No.63MA 2nd

May,1995

Industrial Development-Effective

development of cottage, Tiny &

Small Scale Industries in the State-

Simplification of procedures for

exemption of approvals and

clearances by various departments,

like Urban Development Authority,

Municipalities and Gram Panchayat

etc.,for setting up of Small Scale

73


Industrial Units-Orders-Issued

8

9G.O. Ms No.21MA

20th

January,200

1


Development Authority under

section 3-A of the Andhra Pradesh

Development Urban

Areas(Development) Act,1975 for

Cyberabad Development Area-

Notification-Orders-Issued

9

0G.O. Ms No.541MA

17th

November,2

000

Municipal Administration and Urban

Development Department-

Construction of Buildings above

10mts height(excluding the stilt

floor for parking)in the areas

covered by the Urban Development

Authorities, Municipal corporation,

Municipalities-Further orders-Issued

9

1

G.O. Ms No.733

REVENUE(UCC II)

DEPARTMENT

31.10.1988

Urban Land(Ceiling &

Regulation)Act 1976-Exces vacant

land held by individuals-

Exemptionsup to an extent of

5(five) acres in peripherals areas in

Urban Agglomerations-Orders-

Issued

9

2

G.O. Ms No.192MA 31st

March,1994






74


Osman Sagar and HimayatSagar-


committee by the Hyderabad



Issued

9

3G.O. Ms. No. 336 MA 25.06.1995

Special restrictions around Air Front

Stations – Hakimpet – prescribed –

orders – issued.

9

4G.O. Ms No.390MA

23rd

JUNE,1980


Authority-Notification of the Draft

Master Plan of the non-Municipal

area of the Hyderabad

Development Area –Orders-Issued

9

5G.O. Ms No.406MA

19th

JULY,2000

Municipal Corporation of

Hyderabad-Permissions for

Construction of Commercial

Institutional Buildings in the Plots

abutting certain notified Roads-

Collection of Impact Fees-Revision-

Orders-Issued

9

6G.O. (Ms) No.408MA

8th

August,1991

URBAN DEVELOPMENT

AUTHORITIES-Development Control

in Gram Panchayat falling in Urban

Development Areas-Delegation of

certain powers retiring to

development control to the Gram

Panchayat-Notification-ISSUED

75


9

7G.O. Ms No.411MA

27th

September,1

975

URBAN DEVELOPMENT-Declaration

of Development Areas under

section 15(I) of the Andhra Pradesh

Urban

Areas(Development)Act,1975-

Notification-Orders-Issued

9

8G.O. Ms No.477MA 21.10.1987

Report of Dr. Bhanu Prasad

committee on infrastructure

facilities to be provided to the

entrepreneurs-Acceptance of the


Committee-Orders-Issued

9

9G.O. Ms No.483MA

24th

AUGUST,199

8


Hyderabad-Road widening and

demolition of affected properties-

Delegation of powers for according

certain relaxations to Buildings

Regulations Zoning Regulations-

Orders-Issued

1

0

0

G.O. Ms No.515th

March,2001

Tourism-New Comprehensive

Scheme of State Incentives for

setting up of New Industries-

Incentives offered in new Tourism

Ploicy.1998-Constitution of State

Level Committee-Revised Orders-

Issued

1 G.O. Ms No.51MA 5th RULES-Urban Development

76


0

1

February,19

96

Authority Hyderabad Rules,1975-

Amendment-Orders-Issued

1

0

2

G.O. Ms No.510MA

14th

October,200

0


Hyderabad-Town Planning-Road

wideningProgrammme-Declaration

certain roads for Commercial use in

twin cities-proposal of Municipal

Corporation of Hyderabad-

Accepted-Orders-Issued

1

0

3

G.O. Ms No.530MA

27th

September,1

986

ANDHRA PRADESH URBAN

AREAS(DEVELOPMENT) Act,1975-

Constitution of Urban Development

Authorities-Functioning—Certain

Instructions-Orders-Issued

1

0

4

INTERNET

DOWNLOADING25.05.1999

Exemption from zoning regulations

for purposes of location

1

0

5

Circular

No.11451/PD7/HU/

DA/88

17.12.1988

Hyderabad Development Area-

Development Control-Levying of

Fines, Compounding of offences

etc.,under section-46 of Andhra

Pradesh Urban Areas(Development)

Act,1975in respect of Non-MCH area

of Hyderabad Development Area-

Regarding

1

0

G.O. Ms No.1601

REVENUE(ASN.I)

29.08.2005 Land-Government Lands-

regularization of encroachments by

77


6DEPARTMENT

way dwelling houses on

Government lands situated in the

areas notified as Urban in 1991

Census and in Industrial Townships

on payment of Market value-

Framing of certain policy

Guidelines-Orders-Issued

1

0

7

G.O. Ms No.355MA 27.04.2005


Authority, Hyderabad-

Comprehensive Change of Land Use

in 5 Pockets of Kompalli

Village,Qutbullapur Mandal, Ranga

Reddy District from Conservation

Use Zone to Residential Use Zone-

Draft variation-Confirmed

1

0

8

G.O. Ms No.386MA

HOUSING(HB .II)

DEPARTMENT

16.11.2005

Housing Department-A.P Housing

Board.Flatted construction scheme-

Appurtenant land-Revised FAR-

Reconstruction sale of appurtenant

land-Request for approval of policy

paper-Committee Constituted-

Orders-Issued

1

0

9

G.O. Ms No.507MA 11.11.2003

Special Area Development

Authority(SADA)-Inclusion of certain

villages under Section 3A of Andhra

Pradesh Urban Areas(Development)

Act,1975 in Hyderabad Airport

Development Authority-Orders-

Issued

78


1

1

0

G.O. Ms No.52MA 31..01.2005


Authority, Hyderabad-inclusion of

certain villages under section 13(2)

(b) of Andhra Pradesh Urban

Areas(Development) Act,1975 in

the development area of the


Authority-Orders-Issued

1

1

1

G.O. Ms No.520 20.05.2005

MUNICIPALTIES-constitution of

Ramchandrapuram Gram Panchayat

as Municipality-Orders-Issued

1

1

2

G.O. Ms No.579 09.06.2005

MUNICIPALITIES-Constitution of

Patancheru(Gram Panchayat) as

Municipality-Orders-Issued

1

1

3

G.O. Ms No.724 24.06.2005


Development Department-Rajeev

Gruhakapla Scheme-Construction of

Houses in Municipal Corporations

and Municipalities in the State-

Certain relaxation’s of Regulations-

Orders-Issued

1

1

4

G.O. Ms No.771MA 27.08.2005 Municipal Administration and Urban



Hyderabad-Incentives to proposed

Multi-storied Star Hotels in Banjara

Hills, Jubilee Hills area-Orders-

79


Issued

1

1

5

G.O. Ms No.792MA 05.09.2005



Constitution of Coordination

Committee for the Municipal

Corporation of Hyderabad area-

Orders

1

1

6

G.O. Ms No.879 05.09.2005




Hyderabad-Fast Track Development

Works-Permission to Commissioner

Municipal Corporation of Hyderabad

to sanction Residential Building

Permissions up to a height of

15mtrs along the Road No.36

Jubilee Hills-Orders

1

1

7

G.O. Ms No.944MA 22.11.2005


Authority-Declaration of Road No.36

Jubilee Hills, Hyderabad as

Commercial Road-Draft Notification

issued under the Andhra Pradesh

Urban Areas(Development)

Act,1975 read with the Urban

Development

Authority(Hyderabad)Rules,1977

Confirmed-Orders - Issued

1 G.O. Ms. No. 86 03.03.2006 Issued common building rules

80


1

8

1

1

9

G.O. Ms. No. 234 09.04.2006 Amendment to G.O. Ms. No. 86

1

2

0

G.O. Ms. No. 623 01.12.2006Amendment to G.O. Ms. No. 86 and

revised building rules.

BUILDING BYE LAWS W.R.T FSI/ FAR – VARIOUS STATES OF

INDIA

DELHI BUILDING BYE LAWS

Building Bye-Laws in Delhi (1998 Amendments)

81


Some of the Useful information on Building Bye-laws of Delhi is given

hereunder. These details are after amendments of 1998 approved by

Government of India. (This is just reference and should be verified before

this information is used for any purpose.)

PERMISSIBLE FLOOR AREA RATIO FOR DIFFERENT SIZE OF PLOTS

(AFTER 1998 AMENDEMENTS)

S.N

o.

AREA OF PLOT MAXIMUM

GROUND

FAR MAX.

HEIGHT

('Sq.m.) Coverage % (In m.)

1 Below 32 75 225 12.5

2 Above 32 to 50 75 225 12.5

3 Above 50 to 100 75 225 12.5

4 Above 100 to 250 66.66 200 12.5

5 Above 250 to 500 50 150 12.5

6 Above 500 to

1000

40 120 12.5

7 Above 1000 to

1500

33.33 100 12.5

8 Above 1500 to

2250

33.33 100 12.5

9 Above 2250 to

3000

33.33 100 12.5

10 Above 3000 to

3750

33.33 100 12.5

11 Above 3750 33.33 100 12.5

(I) Levy on the additional FAR to be allowed vide above over the FAR

allowed vide Notification dated 15.05.95 including the basement

and /or development charges shall be charged at the rates as

laid down in the Building Bye-laws or through Government orders

82


and as revised from time to time . (At present it is Rs.450/- per

sq. m)

(II) In case of residential plots above 250 sq. m facing 24 m and

above road, (a) the FAR shall be increased by the maximum

ground floor coverage; (b) maximum height shall be 15 m. And(c)

the number of dwelling units shall be as given in brackets.

Basement

(1)Basement in case of plotted development if constructed shall not be

included in FAR.

(2)Basement area shall not exceed the ground floor coverage and shall

be below the Ground floor. Basement area may, however, be

extended below the internal courtyard and shaft.

RESIDENTIAL PLOT-GROUP HOUSING the following amendments/additions

are made:

Maximum FAR. ..................... 167.

Maximum heights ...................... 33 m.

Levy on additional FAR and /or development charges for additional FAR

shall be charged at the rate as decided by the Government from time to

time.

Other controls

(I) The net housing density permissible shall be 175 DUs per hectare

with a 15% variation on either side. This should be indicated in

the Zonal in the Zonal Plan/Layout plan taking into consideration

the gross residential density prescribed for the area. At the

permissible level, maximum variation in density shall be 5%.

(II) Additional FAR up to a maximum of 400 sq. m shall be allowed to

cater to Community needs such as Community Hall, Crèche,

Library, Reading Room and Society Office.

83


(III) Professional activity shall be allowed in residential plots and flats

on Any floor on the following conditions:

(IV) Part of the premises shall be permitted to be used up to a

maximum of 25% of Far or 100 sq. m., whichever is less, for non-

residential but non-nuisance activities for rendering service

based on professional skills.

Farm Houses

(I) Minimum size of farm house.............................. 0.8 ha.

(II) Maximum ground coverage ...............................5%.

(III) Maximum FAR .....................................5 (subject to maximum of

500 sq. m. irrespective of the size of the farm).

(IV) Number of storeys........................................... two.

(V) Maximum height............................................. 8 m.

All constructions including basement, if any will be counted towards

FAR.

MUMBAI BUILDING BYE LAWS

The total permissible built-up area shall be the product of gross

area of land and FSI.

The maximum permissible F.S.I. for Organized Development in U-2 zone

shall be as stated in Table 15.7. The total permissible built-up area shall

be the product of gross plot area and the FSI stated in Table.

Minimum Area to be Provided for Public Spaces

Sl. No. Area of Sub division/ Layouts in Minimum

84


Sq.mpercentage of area

for public facilities

0125,000 and more but less than

50,0005.0

0250,000 and more but less than

100,0007.5

03 100,000 and more 10.0

In the case of Organized Development the total permissible built up area

as defined shall be allowed to be increased if certain land is provided for

arterial roads, and public facilities free-of-cost in addition to that

prescribed in Regulation 15.5.3.8 as specified by the Planning Authority

by a product of (a) area of land so specified, (b) respective FSI and, (c) a

weight age factor.

In the case of Organized Development the total permissible built-up area

as defined shall be allowed to be increased if certain part of land is

developed in the form of small plots (having area upto 40Sq.m) on terms

and conditions stipulated by the Planning Authority by a product of area of

(a) land used for such plots, (b) the respective FSI and (c) the weight age

factor.

Maximum Permissible FSI

Sl. No. Area of plot in Sq.m FSI

01 Less than 5,000 0.20

02 5,000 and above but less than 10,000 0.23




06 100,000 and above 0.35

85


The permissible FSI for plots of land surrendered free-of-cost under

Organized Development as mentioned in regulation 15.5.4.3 shall be

0.35.The maximum permissible FSI in RTD Zone shall be 0.2. The FSI shall

be calculated on the gross area of the plot.

Where the owner surrenders to the Planning Authority, or an agency

nominated by it, free of cost, any land for arterial roads, access roads,

social facilities and amenities, public utilities and services an additional

incentive FSI of 0.2 of the land so surrendered shall be permissible.

The size of the plot in the sub-division plan shall not be less than 500

Sq.m.Subject to Regulation 15.12.4 and 15.12.5, essential highway

amenities and services, namely, petrol pump, service station including

emergency repair services, restaurants, parking lots, motels, police check-

post, toll station, octroi post shall be permitted direct access from the EW,

NH and SH. Such access shall be provided with proper lay-by as per the

guidelines specified by the Indian Road Congress.

FSI, Number of Storeys and Maximum Height of buildings in

Goathan and GES

Sl. No. LOCATION FSINo. of

storeys

MAXIMUM

HEIGHT

01 Goathan 1.0G+2 or

Stilt with III13.5m

02 GES 1.0G+2 or

Stilt with III13.5m

03

Development

within 200m

from Goathan

Boundary

1.0G+2 or

Stilt with III13.5m

86


GREATER HYDERABAD BUILDING BYE LAWS

Restriction on MinimumBuilding Plot Size along abutting roads in

new developments and layouts:

There shall be restriction on the minimum building plot size along the

abutting roads in all new developments areas and layouts.

Abutting road

Right-of-way (in

m.)

Minimum plot size

allowed (in sq. m)

Max. Plot size

allowed

(in sq m)

9 and below 12.2 100 2000

12.2 and below 18 200 No Restriction

18 and below 30 500 No Restriction

30 and above 1000 No Restriction

MINIMUM SETBACKS & HEIGHT STIPULATIONS FOR ALL

TYPES OF NON-HIGH RISE BUILDINGS

(BUILDINGS BELOW 18 m height inclusive of stilt / parking

floor)

(i) The height of buildings permissible in a given site/plot shall be

subject to restrictions.

(ii) There are no specific Floor Area Ratio and plot coverage

stipulations. The permissible coverage would be as per the

minimum setbacks to be left within the given site. The minimum

setbacks and permissible height would be as per Table III below.

87


Plot

Size (in

Sq.

Mts.

Parkin

g

provisi

on

Maximu

m Height

of

building

permissi

ble (in

m.)

Building Line or

Minimum Front

Setback (in Mts.)

Minimum

Setbacks

other sides

(in Mts.)Abutting road width

Less

than

12.2

Mts.

12.2

Mts.

and

belo

w 18

Mts.

18

Mts.

&

less

than

30

Mts.

30

Mts.

&

abo

ve

Rear

side

Othe

r

sides

(1) (2) (3) (4a) (4b) (4c) (4d) (5) (6)

(A) OLD CITY / CONGESTED AREAS (Category-I)

Less

than

100

- 7

1.5 3.0 4.5 6.0

1.0 -

100 &

up to

200

- 10 1.5 1.5

Above

200 &

up to

300

- 10 2.0 1.5

Above

300 &

up to

400

Stilt

floor

allowed

*

12 2.5 2

Above Stilt 12 3 3

88


400 &

up to

500

floor

allowed

*

Above

500 &

up to

750

Stilt

floor

allowed

*

12 4 4

Above

750

Stilt +

up to 2

Cellars

allowed

**

15 5 5

Plot

Size

(in

Sq.

m.)

Parking

provisio

n

Maximum

Height of

building

permissibl

e (in m.)

Building Line or

Minimum Front

Setback (in Mts.)

Minimum

Setbacks

other sides

(in Mts.)Abutting road width

Les

s

tha

n

12.2

Mts.

12.2

Mts.

and

below

18

Mts.

18

Mts.

&

less

than

30

Mts.

30

Mts.

&

abov

e

Rea

r

side

Othe

r

sides

(1) (2) (3)(4a

)(4b) (4c) (4d) (5) (6)

EXISTING AREAS/ NEW DEVELOPMENT AREAS/LAYOUT AREAS

(Including Category II ***)

100 &

up to

- 10 3.0 4.5 6.0 9.0 1.5 1.5

89


200

Above

200 &

up to

300

- 10 3.0 4.5 6.0 9.0 2.0 1.5

Above

300 &

up to

400

Stilt floor

allowed12 3.0 4.5 6.0 9.0 2.5 2.5

Above

400 &

up to

500

Stilt floor

allowed12 3.0 4.5 6.0 9.0 3 3

Above

500 &

up to

750

Stilt +

Cellar

allowed

12 3.0 4.5 6.0 9.0 4 4

Above

750 &

up to

1500

Stilt + 2

Cellars

allowed

15 3.0 4.5 6.0 9.0 5 5

Above

1500

& up

to

2500

Stilt + 2

or more

Cellars

allowed

Below 18 3.0 4.5 6.0 9.0 6 6

Above

2500

Stilt + 2

or more

Cellars

allowed

Below 18 3.0 4.5 6.0 9.0 7 7

90


Height of building

Minimum

abutting road

width required

( in meters)

Minimum all

round open

space on

remaining

sides

(in meters) *

(1) (2) (3)

Up to 21 m 12.2 7

Above 21 m& up to 24

m12.2 8

Above 24 m & up to

27 m18 9

Above 27 m & up to

30 m18 10

Above 30 m & up to

35 m24 11

Above 35 m & up to

40 m24 12

Above 40 m & up to

45 m24 13

Above 45 m & up to

50 m30 14

Above 50 m 30 16

GROUP DEVELOPMENT SCHEMES & GROUP HOUSING SCHEMES

Height of building

block

Distance to be

maintained from

periphery to

building block

Distance

between two

blocks

Up to 10 m* 3 m 2 m

91


Above 10 m & up to

15 m*4 m 3 m

15m & upto 18 m** 5 m 4 m

Above 18 m

As per all round setbacks required

under High-rise buildings given in

above table

ROW TYPE HOUSING / ROW TYPE SHOPPING PRECINCTS - Height

permissible: 2 floors or 6 m for plots up to 125 sq m Stilt + 2 floors for

plots above 125 sq m for row houses.

CLUSTER HOUSING - Height permissible - 2 floors or 6 m

RESIDENTIAL ENCLAVES - Size of plots and height permissible: as

per type of housing and requirements as given above for the respective

type of housing.

BANGLORE BUILDING BYE LAWS

92


`

93


1. The maximum number of floors, percentage of plot coverage, F.A.R.,

height of the building for different plot size with existing road width

as limiting factor are given in the tables for various types of

buildings such as residential, commercial, public, semi-public and

industrial etc.

2. For the purpose of these regulations, the local authorities may

classify different areas in their jurisdictions as intensely developed

(Area 'A'), moderately developed (Area ’B’) and sparsely developed

(Area ‘C’).

3. When two sides of the same area are included into two different

areas like: A and B, or A and C, then the side of the other area shall

also be treated as intensely populated area ( Area 'A’ ) up to one

property depth.

4. When two sides of the same area are included in two different areas

like: B and C, then the other areas classification shall be treated as

moderately developed ( Area ‘B’ ) up to one property depth

5. Means of Access: The means of exclusive access which would be

other than through public roads and streets shall not be more than

30 mts. Length form the existing public roads and streets. The

minimum width of such access shall be 3.5 mts. F.A.R. and height of

buildings coming up on such plots shall be regulated according to

the width of public street or road. If the means of access exceeds 30

mts. In length, F.A.R. shall be regulated with reference to the width

of such access road. Construction of buildings on plots with common

access/lines from the public road/street shall be regulated according

to width of such common access roads/lanes.

94


FSI AND ITS APPLICATIONS IN VARIOUS STATES

95


CASE – I

PLOT SIZE – 300 SQ.M (12m X 25m)

CITY RESI INST COMM REMARKS

DELHI 1.40 0 – 1.00.6 –

1.5

For Residential Use FAR

relates to plot size with

restrictions on number of

dwelling units of heights.

For non – residential uses

FAR varies from local level

facilities.

Conditions,

Special

cases

3 DU’s

11 m

Height

2.0m on

Bahadur

Shah

Zafar

Marg

MUMBAI 1.00 1.00 1.00

FAR not related to plot size

or road width but specified

by Island City, suburbs,

etc. maximum of 1.33 and

minimum of 0.50.

Conditions,

Special

cases

200 –

450

DU’s/

Ha

CHENNAI 1.50Minimum

Plot size2.00

FAR related to areas; 1.75

in George Town; 1.25 in

suburbs.

96


BANGALOR

E1.25 1.25 1.50

FAR related to plot size,

road width and location in

three zones varying in

density etc. For group

housing FAR ranges from

2.00 to 2.50, but FAR

should be calculated often

deducting the area

reserved for parks, open

spaces and civic amenities

minimum of 25%.

HYDERABA

D1.50 1.50 1.50




density etc. But as of now,

there is no concept of FAR

in HMR and it solely

depends up on abutting

road width, coverage area,

open spaces, type of

locality etc.

National

Building

Code 1983

See

Remark

s

See

Remarks

See

Remark

s

National Building Code

1983 has stated in clause

9, the factors that govern

FAR specifications and give

FAR values in clause 9.2.

Table 3 taking into account

the combustible content

and fire resistance of

different types of structure.

FAR ranges from not

permitted to unlimited. For

group housing, FAR ranges

97


is given as 0.75 to 2.00

with coverage of 25% to

30%.

CASE – II



DELHI 0.830.66 –

1.20

0.6 –

1.50







facilities.

Conditions,

Special

cases

3 DU’s

11 m

Height

2.0m on

Bahadur

Shah

Zafar

Marg

MUMBAI 1.00 1.00 1.00





minimum of 0.50.

Conditions,

Special

cases

200 –

450

DU’s/

Ha

CHENNAI 1.50 1.50 2.00 FAR related to areas; 1.75

98



suburbs.

BANGALOR

E1.25 1.50 1.75






2.00 to 2.50, but FAR


deducting the area



minimum of 25%.

HYDERABA

D1.50 1.50 1.50










locality etc.

National

Building

Code 1983

See

Remark

s

See

Remarks

See

Remark

s










99


FAR ranges from not





30%.

CASE – III



DELHI

0.83 with

12 DU’s 11

m ht. for

plotted

developme

nt 1.33 for

group

housing,

140

DU’s /h

0.66 –

1.20

0.6 –

1.50







facilities.

Conditions,

Special

cases

3 DU’s

11 m

Height

2.0m on

Bahadur

Shah

Zafar

Marg

MUMBAI 1.00 1.00 1.00





minimum of 0.50.

Conditions, 200 – 450

100


Special

casesDU’s/ Ha

CHENNAI 1.50 1.50 2.00

FAR related to areas; 1.75


suburbs.

BANGALOR

E1.75 1.50 2.00






2.00 to 2.50, but FAR


deducting the area



minimum of 25%.

HYDERABA

D1.50 1.50 1.50










locality etc.

National

Building

Code 1983

See

Remarks

See

Remarks

See

Remark

s







101





FAR ranges from not





30%.

CURRENT TRENDS AND TECHNIQUES USED IN DEFINING FSI/ FAR

The Floor Area Ratio (FAR) of a given site is typically the most

powerful governing factor when determining the maximum bulk

of a building. Learn how the Zoning Resolution defines floor area

and use it to your advantage:

Zoning ‘Floor Area’: Zoning ‘Floor Area’ is a common term used to

describe portions of a building’s floor area which must be counted when

calculating the maximum bulk of a proposed building. It is distinct from a

building’s ‘Gross Floor Area’, in that some portions of the Gross Floor Area

may be deducted, and therefore not counted as floor area for zoning

purposes.

The Zoning Resolution definition of floor area is extensive, and explains

very specifically which portions of a building count, and which do not.

Since the value of usable floor area in NYC is so precious, any deductions

are welcome and should be maximized whenever possible.

Basement or Cellar? The floor area of the lowest story of a building may

be deducted when it is a cellar. A basement, however, may not be

deducted*. A cellar is defined as a story having one-half or more of its

102


clear height below the curb level, while a basement is defined as a story

having less than one-half of its clear height below the curb level.

‘Mechanical Deductions’ The floor space used for mechanical

equipment, regardless of the story on which it is located, may be

deducted**. This includes such elements as mechanical equipment rooms

and vertical duct & utility shafts. To be eligible for Mechanical Deductions,

the Architect must provide floor plans indicating each mechanical area to

be deducted. These mechanical areas should also be tabulated and

included as part of the zoning calculations. Further, the Mechanical

Engineer’s plans must show mechanical equipment in the declared

mechanical rooms to substantiate the deductions.

Typically, the Department of Buildings will accept Mechanical Deductions

totaling about 2% of the building’s gross floor area. Anything above this

percentage may raise objections.

Use of Mechanical Deductions for additions to existing buildings:

Mechanical Deductions can sometimes be used as a method of adding

new floor area to an existing building. If the Architect can demonstrate

that an existing building’s floor area has not been maximized because

there are mechanical deductions to be taken, she may be able to ‘buy

back’ floor area and use it for a building addition; perhaps a new

penthouse apartment.

CAREFREE CITIES

CITY OF CEDARBURG

103


Floor Area Ratio (FAR):The mathematical expression determined by

dividing Gross Floor Area of a building including the garage and all

accessory buildings (excluding decks, open porches, child play structure,

open gazebos) by the area of the lot on which they are located as:

(Gross Floor Area + Garage Area + Accessory Structure Area)/Lot Area =

FAR

For example, a 2 storey dwelling unit with 1,200 sq.ft on the first floor,

1,000 sq.ft on the second floor, a 600 sq.ft garage, and a 450 sq.ft

accessory structure on a 15,000 sq.ft lot has a floor area ratio of 0.217 –

also expressed as 21.7%.

Floor Area – Gross, the sum of the gross horizontal areas of all floors

measured in square feet, not including basement floor, measured from

the exterior faces of the exterior walls or from the centerline of walls

separating two buildings. The floor area of a building includes elevator

shafts and stairwells at each other floor, floor space used for mechanical

equipment – open or closed – located on a roof or in a basement,

penthouses, attic space having headroom of seven feet and ten inches or

more, interiors balconies and mezzanines, enclosed porches, and floor

area devoted to accessory uses.

104


Lot Coverage: The measurement of land use intensity that represents

the portion of the principle building including the garage and all accessory

buildings, but excluding all other impervious improvements such as

sidewalks, driveways, patios, decks and open porches, recreational courts,

child play structures, swimming pools, open gazebos, etc.

(First Floor Area + Garage Area + Accessory Structure Area)/Lot Area =

Lot Coverage.

For example, a 2 storey dwelling unit with 1,200 sq.ft on the first floor, a

600 sq.ft garage, and a 450 sq.ft accessory structure on a 15,000 sq.ft lot

has a coverage percentage of 15.0%.

GOOD PRACTICE - GOVERNMENT MAY RAISE FLOOR SPACE INDEX

FOR MUMBAI

The Maharashtra government is planning to raise the floor space index

(FSI) for Mumbai from the existing 1.33 to 2.20. Besides, it is also trying to

put an end to the piecemeal manner in which the index is being raised for

various projects.

Speaking with Business Standard, a senior official from the state urban

development ministry said: “A team of state government officials and a

team of experts from the World Bank are working on the proposal to have

a common FSI for both the island city and its suburbs. Currently, the

island city has an FSI of 1.33, while in the suburbs it is only one.

The FSI is the ratio of total floor area of a building to the size of the plot. It

indicates the maximum construction allowed on a plot in a particular area.

That is, if the FSI is one and the plot size is 1,000 sqft, the maximum

construction allowed on that plot will be 1,000 sq ft.

“The current FSI is hardly enough if we have to meet the growing demand

for housing in the city. Nearly 80 sq km area out of total 437 sq km of

105


Greater Mumbai falls in a no-development zone, which includes national

park, coastal regulatory zone etc.,” the official pointed out.

The state government is also planning to grant an FSI of 4 at the metro

stations and within a radius of 500 meter of them. It has granted a similar

FSI for the Dharavi redevelopment project. The higher FSI is also available

to builders who undertake schemes for slum redevelopment or

rehabilitating the project-affected people.

However, World Bank has objected to the state government's this

piecemeal approach about the higher FSI and called for uniform policy on

it during recent parlays of state government officials and World Bank

experts on Mumbai Makeover program, he added.

BEST PRACTICE - ZONING IN CHICAGO

To understand how zoning in Chicago works, it's important to have a

handle on the scope and power of the regulations. First, the scope.

Chicago's Grid

Chicago, like many nineteenth century American cities, is laid out on a

street grid. When the federal government subdivided and sold the land

that's now Chicago, it sold the land in "sections" of a square mile each.

Property along these "section-line roads" was further subdivided in a

regular grid pattern. Large roads (like Western Avenue, Cicero Avenue and

Cermak Road) are usually a mile apart, with medium-sized roads (like

Damen Avenue, 51st Street and Diversey Avenue) every half mile and

local streets in between.

A typical Chicago neighborhood is based around a "quarter-section" - one

quarter of a square mile, half a mile on each side, bounded by large or

medium-sized roads. Each quarter-section is four blocks on a side, since

106


there are eight blocks per mile. However, east-west blocks in most of the

city are half as wide as north-south blocks; the average quarter-section

has 32 blocks on 160 acres, or 5 acres per block. When one subtracts

streets and alleys from the blocks, the net area of the block is

approximately 3.44 acres. Each block is then subdivided into 48 lots - 24

on each side, each 25 feet wide and 125 feet deep.

How large a building can fit on that lot? Well, that depends.

Setbacks

Part of the zoning regulations for each lot requires setbacks, also known

as front, side and rear yards. Setbacks can be either absolute or relative:

for instance, the code requires front yards in bungalow neighborhoods (R2

districts) to be 20 feet or 16 percent of the yard's depth, whichever is less.

(For the average 125 foot deep lot, there's no difference between the two

measurements.) No buildings can be built within these required setbacks.

Height limits can also be seen as a kind of setback. Currently, height limits

exist in those residential and business districts that allow small

multifamily buildings like three and four-flats.

Another form of setback applies to townhouses in Chicago: the prevailing

setback. Although most townhouses (which are usually built in R3 or R4

districts) must have front yards at least 15 or 20 feet deep, a townhouse

built on a street where all the other houses have front yards that are only

7 feet deep can have a front yard that is 7 feet deep. This helps to

maintain the street's appearance.

Floor-to-Area Ratio

Chicago was one of the first cities to use Floor to Area Ratio, or FAR, to

regulate the size of buildings. Older zoning codes struggled to create

regulations that would control building size based on lot size, since a large

building could overwhelm a small lot but might fit quite well on a large lot.

107


The zoning codes written in the 1920s usually regulated only use and

setbacks. Those codes typically required additional setbacks on tall

buildings at certain heights. These so-called building envelope or bulk

plane requirements dovetailed nicely with the Art Deco architectural style

that was popular then, creating buildings like the Board of Trade Tower

which step back as they rise from the ground.

When Chicago rewrote its zoning code in 1957, it replaced the building

envelope approach with floor to area ratios. FAR limits regulate how large

a building can be relative to the size of its lot. FAR is a simple

mathematical formula:

Floor area (i.e., area of building) / area of lot = FAR

For a simple building (where all the floors are the same size),

FAR = Number of floors / lot coverage (as percentage)

For instance, a large single-family house in an R1 district can have a FAR

of up to 0.5. In that case, it can either be a one-story building covering

half (50%) of its lot, or a two-story building covering one fourth (25%) of

its lot.

0.5 = 1 x 0.5 = 2 x 0.25

A high-rise apartment building in an R7 district can have a FAR of up to

7.0. The developer can build a seven-story building that covers the entire

lot, or a 28-story building that covers one-fourth (25%) of its lot.

7.0 = 7 x 1.0 = 28 x 0.25

A small commercial building in a B4-2 district can have a FAR of up to 2.2.

That means that it can have three stories and cover 73% of its lot; four

stories that cover 55% of the lot; or 5.5 stories that cover 40% of the lot.

2.2 = 3 x 0.73 = 4 x 0.55 = 5.5 x 0.4

108


Note that basements, unfinished attics, open porches, parking garages

and mechanical rooms in commercial buildings aren't counted as floor

area when the city calculates a building's FAR. Builders sometimes try to

use these techniques to exceed FAR regulations.

Dwelling Units per Acre

Chicago's zoning code also regulates how many dwelling units can be built

on any given lot. A dwelling unit (DU or "unit") can be a house, an

apartment, a condominium, or any other space that people can live in.

Both a studio apartment and a nine-bedroom mansion count as one

dwelling unit.

By limiting the number of dwelling units per acre (DUA) within residential

districts, the zoning code can limit the number of houses or apartments

that can be built on any given lot. Chicago doesn't directly limit DUA;

instead, it sets a minimum lot area per dwelling unit which accomplishes

the same purpose. Since an acre is 43,560 square feet, a minimum lot

area of 2,500 square feet (as in an R3 district) means that 17.4 dwelling

units can be built on an acre of land zoned R3.

Chicago also requires that all multifamily buildings provide at least one

off-street parking space per DU, and that business, commercial and

manufacturing uses provide parking for at least some of their employees

and customers. Here, an expensive wrinkle pops up for builders. At a

certain point, the parking spaces required by the zoning code will cover

more than the entire ground area of the lot - which means that expensive

structured parking (e.g., parking garages) must be provided.

Urban Design Guidelines

So far, this guide has looked at several tools the city uses to regulate the

size of a building. The next section discusses tools the city uses to

regulate the design of a building.

109


Design guidelines are a relatively new land-use tool that regulates a

building’s urban design - the interface between the building and the rest

of the city. Think of a street as an outdoor room, with the buildings on

either side as the walls and the road as the floor. Instead of hiring an

interior decorator to design this room, you would call on an urban

designer. She might suggest new street trees, changes to the roadway or

sidewalk, or improvements to the buildings that line the street to improve

the look of an area. The buildings, for instance, should all face forward,

with front doors to the street. Garages should face alleys or be set back so

that they don't dominate the fronts of houses. Buildings should be no

taller than a certain height - and, if they are, the taller part of the building

might be set back. Buildings shouldn't be too far from the street, to keep

the street's "walls" in place. Houses (and especially shops) shouldn't

present blank walls to the street. If the existing buildings have certain

distinctive features in common - bay windows or porches, for example -

new buildings should incorporate complementary features

It's important to recognize that urban design guidelines differ from

architectural guidelines in their scope. Several court cases have held that

cities cannot regulate architecture for its own sake, except in historic

districts. A city cannot, for instance, specify the color of bricks that a

developer may use on a building, nor can it require that roofs be peaked

at 50 degree angles and covered with slate shingles. Regulations of that

sort don't advance public health, safety and welfare - which are the

reasons for establishing zoning in the first place. Such regulations also

stymie architects' creativity; after all, buildings that we now consider

masterpieces (like the RobieHouse in Hyde Park or the Tribune Tower on

Michigan Avenue) seemed wildly out of place in their neighborhoods when

they were first built.

Since the city has somewhat limited legal powers over design, most

official urban design guidelines in Chicago (like the River North Design

Guidelines) are "voluntary." The city publishes the guidelines and

110


distributes them to architects, developers and the public, but no one is

legally bound to comply with the guidelines. Chicago often publishes

design guidelines when it creates a new plan for a certain neighborhood;

the guidelines help architects understand how new construction in the

neighborhood can advance the city's plan. Although the city doesn't

mandate compliance with the guidelines, most developers choose to

follow the city's plans

The Landscape Ordinance, Parking Standards and Townhouse Standards

are all city laws that include mandatory urban design guidelines. The

Landscape Ordinance requires developers to plant a certain amount of

trees and other landscaping around their buildings and parking lots, while

the Parking Standards require that parking lots be screened from view by

buildings or landscaping and restricts drive-through operations. The

Townhouse Standards are interesting in that they specify the placement

of townhouses' garage doors (facing alleys, not streets, when possible, to

keep streets pedestrian-friendly and to preserve curbside parking spaces),

front doors (always facing the street) and front façades (avoiding blank

walls). The Townhouse Standards also specify that the open space

required in larger developments remain green and not be paved over.

These standards have noticeably improved the appearance of townhouses

in the city since their passage in 1995, but they don't apply to mid- or

high-rise buildings.

Density Bonuses

Chicago, like most cities, wants to encourage new buildings that provide

public improvements. In 1957, Chicago was one of the first cities to create

incentives - in the form of density bonuses - for developers who build

public amenities like plazas and wider sidewalks serving their buildings. In

exchange for these public amenities, the city allows the developer to build

a bigger building. Most of the public plazas downtown is the result of

these density bonuses. Chicago grants density bonuses in areas zoned for

111


high-rises, like downtown and the lakefront, and in multifamily residential

or manufacturing districts adjacent to parks.

In 1999, the city proposed a series of revisions to the downtown density

bonus system. The proposed new bonus system (now pending City Council

approval) specifies urban design criteria for plazas and creates new

bonuses for amenities like river walks, transit station improvements and

historic landmark preservation. A similar density bonus program for areas

outside downtown could give developers incentives to build public plazas,

affordable housing, or other things that the neighborhood needs.

The city also offers other incentives to encourage developers to build

projects that will benefit the community. Affordable housing developers,

for instance, pay lower development fees than developers of market-rate

housing. The city can also offer to waive development fees or utility

charges, build or improve nearby infrastructure (like water lines, roads, or

sidewalks) or grant property tax rebates to developments that may need

such incentives.

In Austin, Texas, the city uses a "point" system to encourage balanced

development. Developers fill out a "Smart Growth Criteria Matrix" that

awards up to 635 points to a development based on whether it meets the

city's needs. Points are awarded based on location in an area that with the

infrastructure to support new development, integration and mixing of land

uses and activities, support of or improvements to transit, pedestrian and

bicycle facilities, inclusion of affordable housing and use of good urban

design principles (like street-level shop windows and building heights that

are compatible with the existing neighborhood). If a development scores

enough points on the Matrix, the city will offer financial incentives to

developers. Columbus, Ohio recently proposed a similar revision to its

zoning code that would require all new buildings built in designated

mixed-use districts to achieve a certain number of points to gain city

approval.

112


The Extent of Satisfactions of Floor Area Ratio in New and Old

City Center and its Determinant Factors in Busan, Korea

Sungju CHAI, Yoji KAWAKAMI, Yunpyo OH & Yoshiaki HONDA

This study intends to find out and analyze the designation of floor area

ratio, the extent of satisfaction of the floor area ratio and the

determinants of floor area ratio in the old city center and the new city

center in Busan, Korea. In addition, it also aims to clarify influences of

some factors on the extent to which the floor area ratio is fulfilled. The

results of this study are summarized as follows. 1) Among buildings in the

new city center of Busan, the highest realization ratio (0.61) was obtained

from those built with an average floor area realization ratio of 0.51 and a

legal floor area ratio of 1100 percent. In case of the old city center, the

buildings with an average floor area realization ratio of 0.58 and a legal

floor area ratio of 800 percent showed the highest realization ratio (0.61).

2) In the new city center, the item of front-road width has the greatest

influence on the floor area realization ratio the width of front road. As the

category score for the front road width (0 $BK (B6 meters) shows a

positive value, the category is considered as contributing to increasing the

average of realization ratios. 3) For the size of site, posted land prices and

ownership, the items have different influence in the new city center and

the old city center. 4) In the planning of reviewing or resetting of floor

area ratio, considered as the influencing factors on the realization ratio

should be the front road width, the using purpose of buildings and posted

land prices in the new city center, and the front road width, posted land

prices and the size of site in the old city center.

Chicago Zoning Ordinance: Take the lot size and multiply it by the

Floor Area Ratio.

113


For example, on a 5,000 square foot lot with a 2.0 FAR you could

construct a building with 10,000 square feet of total floor area (the floor

space of each floor above ground added together).

Keep in mind that there are other restrictions as well, such as building

height and setback issues that could keep you from using the total

allowable building area per your FAR.

Practices: How can we make a graceful physical transition from

suburban development patterns to a higher density, more urban,

pedestrian oriented character?

To achieve more Urban and Active streets – Model Approaches and Tools -

Ground floor design and development standards, Ground floor active use

provisions, Minimum floor area requirements, FAR (Floor Area Ratio)

bonus, Flexible parking requirement.

Ground floor design and development standards: Broad category that

typically will enhance the pedestrian streetscape experience. The

standards can shape allowed uses or the more basic development

parameters such as building height, setbacks, etc.

Ground floor active use provisions: Intended to ultimately enhance and

activate the streetscape. This provision allows for interim uses on the

ground floor until the market can sustain the commercial use.

Minimum floor area requirements: Intended to ultimately shape the

activities in the public realm by defining the type of use on the ground

floor. Intended for areas that are served by transit and contain well

developed mixture of uses can support higher levels of density. The

combination of minimum floor area requirements with ground floor active

uses with no ROW setbacks ensures new development will support the

improved public realm.

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FAR (Floor Area Ratio) bonus: Intended to incentivize development within

targeted areas. Can be used to promote residential density, mixed-use,

retail, sustainability, or other uses. Translates into larger developable

envelops for developers. Can also be used to promote public realm

improvements.

Flexible parking requirement: Intended to incentivize certain types of

development within a key area. Based on factors such as access to transit,

nearby complimentary uses, auto ownership rates, or other parking

reduction programs. Parking represents one of the largest challenges to a

developer and managing the parking will ultimately shape the

development.

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TOOLS AND TECHNIQUES USED IN DEFINING FSI/ FAR

Some affordable tools, such as tax-exempt financing and Low Income Tax

Credits are well known and broadly used. Others such as bonus density

are not uncommon but the specifics of use may vary from jurisdiction to

jurisdiction. This memo describes a broad range of tools used, focusing on

those that may be less well known.

Types of Tools:

• Zoning

• Financial

• Creating Win: Win Situations

• Special Tool

• Rent Assistance

Zoning Tools:

• Affordable Housing Ordinance: Arlington’s Zoning Ordinance’s

requirements for site plan projects are designed to foster creation of

affordable housing and to streamline the approval process. The developer

chooses whether to provide a cash contribution or to provide units using a

percent of the increased gross floor area (GFA) above 1.0 Floor Area Ratio

(FAR). For on-site units, the requirement is 5% of the GFA; for off-site units

nearby, 7.5%; for off-site units in Arlington County, 10%. Cash

contributions in March 2006 were: $1.50/sq. ft. of GFA for first 1.0 FAR;

$4.00/sq. ft. from 1.0 to 3.0 FAR for residential; $8.00/sq. ft. of GFA above

3.0 for residential; and $4.00/sq. ft. above 1.0 FAR in commercial. Cash

contribution amounts are indexed to the Consumer Price Index for

Housing in the Washington-Baltimore MSA.

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• Flexible Density Bonus: The County’s 25% density bonus, added to the

zoning ordinance in 2001, permits both market-rate and affordable units,

with the income from the market-rate units designed to offset the cost of

the affordable units. Quincy Plaza, a site plan project in Ballston approved

in 2002, used the full 25% bonus and will add 25 committed affordable

units to the affordable supply.

• 1:1 Replacement: The Special Affordable Housing Protection District

(SAHPD) is a special land use overlay which identifies existing affordable

housing in the Rosslyn-Ballston Metro Corridor which is planned for 3.24

FAR or higher. It involves replacing the existing affordable housing units

on a 1-for-1 basis. This has been interpreted as replacing the number of

bedrooms on a 1-for-1 basis. An example is the 314-unit project, The

Gallery, which provided 38 two-bedroom units with 76 bedrooms,

replacing 55 units (primarily one-bedrooms) with 70 bedrooms. This

replacement policy may be revisited in 2006.

• Shift of Density: Shift of density is possible from one part of a site to

another within a site plan. This allowed the shift of excess density from an

urban park to an adjacent portion of the Rosslyn Ridge II site by Arlington

Partnership for Affordable Housing (APAH) and resulting in a 238-unit

mixed income project with 95 new affordable units. This was also used in

1984 to preserve the 41-unit Key Blvd. Apartments, involving a density

shift to The Atrium condominium.

Transfer of Development Rights (TDRs): The County Board adopted an

ordinance to allow for the transfer of development rights consistent with

State enabling legislation (State code: 15.2-750). The TDR program will

allow a site to send density and other development rights for the purposes

of, but not limited to, the preservation or facilitation of affordable housing,

open space, historic preservation, community facilities, or community

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recreation. Through site plan approval, the TDRs can be transferred to

another location where density is deemed more appropriate by the County

Board. A group comprised of representatives of of the Planning

Commission, the Housing Commission, and other members of the

community will develop recommendations for criteria for the use of TDRs.

• Bonus Density Using Increase in Floor Area Ratio (FAR): The recently-

approved Nauck Village Center Action Plan includes provision, as an

incentive for the creation of affordable housing, of an increase in FAR from

a maximum density of 1.5 to 2.0. This would be limited to projects on

designated residential sites where the developer agrees to provide at

least 10% of its units as committed affordable units. This was used by

AHC, Inc. for the redevelopment of the 22-unit Fairview Manor to a 94-unit

committed affordable complex.

• Phased Development Site Plan (PDSP): The County Board used this tool

to develop 232 committed affordable rental units and a 72-unit limited-

equity co-op at Colonial Village, a large garden complex near Metro in

1979. The developer was able to tear down over 120 units in order to

build three office buildings. The FY 1991 Meridian PDSP generated 176

committed affordable units and used a shift of density for the 112-unit

Courthouse Crossing project.

• Rezoning: When a site plan is planned for a higher density or is

appropriate to be planned for higher density, the process can be

successfully used to capture affordable units (as done in Arna Valley).

Avalon at Arlington Square includes 64 units scattered throughout an over

800+-unit complex and a 101-unit stand-alone project (Arna Valley View)

which is 100% affordable.

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• Unused Density: AHC Inc., a non-profit, used excess density at its

existing affordable complex, Woodbury Park, as well as the density bonus,

to develop 108 committed affordable rental units on the same site.

Condo Sales Income: The Woodbury Park North project will include 99

market-rate condominiums. In addition to the savings from the use of

excess and bonus density, the non-profit is using the income from condo

sales to ensure the long term affordability of the rental units, eliminating

the need for County funds.

• Street Vacation: The developer of the Lofts at Crystal Towers provided

nine on-site affordable units with a value to the County equivalent to the

value of vacation of a street easement.

Financial Tools:

• Affordable Housing Investment Fund (AHIF): The County funds AHIF with

$4 million annually including nearly $3 million in local general revenues.

Established in 1985 as a revolving loan fund, it now has loan repayments,

on average, of $1.1 million annually. Occasionally there are larger one-

time payments, e.g., a $3 million payment in FY 2004. This funding is

typically used for acquisition and rehab projects.

• Credit Facility: AHC, the non-profit developer, acquired The Gates of

Ballston, a 465-unit apartment complex near Metro. It is keeping 75% of

the units affordable to households with incomes below 60% of median.

The acquisition was funded by the County in part through a $10 million

credit facility, or line of credit, provided by Fannie Mae’s American

Communities Fund TM (ACF®). This partnership between the County and

Fannie Mae was unprecedented.

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County Credit Support: The County backed the credit facility with County

credit support (formerly referred to as a moral obligation). The County’s

obligation on the facility is legally limited. The County did not pledge its

taxing authority or full faith and credit, but the County's statement

creates an expectation in the financial markets that future County Boards,

while not legally obligated to fulfill the commitment, would in fact, fulfill

its obligation. This has been used at The Gates and was also used in the

FY 1988 acquisition of the 364-unit Woodbury Park.

• LPACAP (Local Public Assistance Cost Allocation Plan): This funding is the

result of a cooperative partnership with the Virginia Department of Social

Services. It is designed to maximize federal reimbursement of local costs

for administering social services programs, including housing and housing

services for special needs populations. The County Board set aside $7

million in LPACAP funds as a Supportive Housing Fund. The County used

roughly $2,700,000 from that source to purchase a 39-unit project for use

as supportive housing for older persons with disabilities.

Assisted Living Conversion Program: This U.S. Department of Housing and

Urban Development (HUD) program provides funds primarily to

rehabilitate portions of existing HUD Section 202 properties to provide

assisted living for persons aging in place. The non-profit Volunteers of

America National (VOA) was awarded a $4.8 million grant. The funds will

enable VOA to provide extensive renovations to the former Oak Springs,

expanding it from 39 to 52 units and adding necessary program and

community space. The vacant building qualified for the funds as an

underutilized commercial property.

• Mortgage Buy-Downs to Serve Extremely Low Income Persons: At

Columbia Grove, a 210-unit complex, the County is buying down the

mortgage on eight units to zero. This reduces rent payments to amounts

covering the owner’s operating costs only, making the units affordable to

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persons with disabilities whose incomes are below 30% of area median

income. The rental income from the very low income residents will pay for

operating costs and assisted living services rather than the mortgage.

• Live Near Your Work Program: This local program provides a forgivable

loan in the amount of $2,700 to qualified County or School Board

employees purchasing a home in Arlington.

• Historic Tax Credits: A developer used both Historic and Low Income

Housing Tax Credits for the FY 1996 acquisition and rehab of the 512-unit

Ballston Park at Historic Buckingham Village. This enabled the project to

have the highest leveraging and the lowest per unit subsidy cost of any

project done in Arlington. 45% of the units are committed affordable units.

• Partial Exemption on Real Estate Assessments: Partial exemption is

available for property owners who do substantial rehabilitation on multi-

family rental projects.

• Housing Reserve Fund (HRF): The HRF uses private developer

contributions to help finance the acquisition of units to mitigate

displacement of low income tenants and for apartment banking.

Creating Win: Win Situations

Working with the neighboring civic associations in planning affordable

housing projects, both non-profit and for-profit housing developers have

been able to design projects with elements that address neighborhood

concerns and thus generate neighborhood support.

• Monterey/Sierra, by the for-profit Silver wood Associates, Inc., combined

rental and ownership to create a mixed-income community. The

ownership component was largely a result of a deliberate and thorough

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public process. Demolition of 43 units allowed construction of The Sierra,

a 96-unit condo. Rezoning halved the cost of construction. All 109

rehabilitated rental units and 10% of the condos will be affordable. The

community was enthusiastic in its support because the project increases

home ownership in the area.

• At Columbia Grove, a 210-unit committed affordable complex, the

community was very supportive of the project, both because its

acquisition helped retain the existing neighborhood residents and because

the addition of a parking lot will alleviate neighborhood parking problems.

Special Tool:

• Deed Covenants: At The Sierra and other condos and townhouses, an

innovative deed covenant extends the affordability of the units to future

low income buyers while also enabling the lower income homeowners to

earn appreciation on their homes. Units will be affordable in perpetuity.

Rent Assistance Tools:

• Project-Based Housing Vouchers: Up to 20% of a jurisdiction’s federal

Housing Vouchers may be project-based Housing Vouchers, with no more

than 25% of the units in any one complex receiving this commitment.

Arlington first used this resource in FY 2001 at the Quebec, a 172-unit

project. The developer added 24 three-bedroom units at this project

through conversion of smaller units and the addition of bump-outs.

• Housing Grants: This County-funded rent assistance program serves low

income working families, elderly persons and persons with disabilities.

Rent subsidies allow participants to pay between 30% and 40% of income

for rent.

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• Project-based Rental Assistance: Some committed affordable units are

designated to serve persons with disabilities, including homeless, needing

permanent supportive housing. This program assures affordability for

these very low income persons.

• Transitional Housing Program: This rent subsidy program serves

households with issues such as mental illness or domestic abuse who are

leaving shelters and entering transitional programs.

Chicago Zoning Ordinance: Take the lot size and multiply it by the

Floor Area Ratio.

For example, on a 5,000 square foot lot with a 2.0 FAR you could

construct a building with 10,000 square feet of total floor area (the floor

space of each floor above ground added together).

Keep in mind that there are other restrictions as well, such as building

height and setback issues that could keep you from using the total

allowable building area per your FAR.

Practices: How can we make a graceful physical transition from

suburban development patterns to a higher density, more urban,

pedestrian oriented character?

To achieve more Urban and Active streets – Model Approaches and Tools -

Ground floor design and development standards, Ground floor active use

provisions, Minimum floor area requirements, FAR (Floor Area Ratio)

bonus, Flexible parking requirement.

Ground floor design and development standards: Broad category that

typically will enhance the pedestrian streetscape experience. The

123


standards can shape allowed uses or the more basic development

parameters such as building height, setbacks, etc.

Ground floor active use provisions: Intended to ultimately enhance and

activate the streetscape. This provision allows for interim uses on the

ground floor until the market can sustain the commercial use.

Minimum floor area requirements: Intended to ultimately shape the

activities in the public realm by defining the type of use on the ground

floor. Intended for areas that are served by transit and contain well

developed mixture of uses can support higher levels of density. The

combination of minimum floor area requirements with ground floor active

uses with no ROW setbacks ensures new development will support the

improved public realm.

FAR (Floor Area Ratio) bonus: Intended to incentivize development within

targeted areas. It can be used to promote residential density, mixed-use,

retail, sustainability, or other uses. It translates into larger developable

envelops for developers. It can also be used to promote public realm

improvements.

Flexible parking requirement: Intended to incentivize certain types of

development within a key area. Based on factors such as access to transit,

nearby complimentary uses, auto ownership rates, or other parking

reduction programs. Parking represents one of the largest challenges to a

developer and managing the parking will ultimately shape the

development.

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SUCCESSFUL MODELS

MODEL MIXED USE DEVELOPMENT BYLAW

Prepared by the Pioneer Valley Planning Commission

Note: This Model Zoning Bylaw is most applicable when the area

is being developed for commercial uses for the first time.

For redevelopment areas, please refer to the Model Mixed

Use Redevelopment Bylaw.

1.0 PURPOSES

The purposes of Mixed Use Developments are:

1.1 To create mixed commercial and residential areas where the visual and

physical dominance of the automobile is made secondary to the

pedestrian needs;

1.2 To encourage the creation of a pleasant pedestrian oriented district

and neighborhood setting; which co-mingles a balanced mix of civic,

commercial and residential uses in single structures or groups of

structures located on a single lot, thus minimizing traveling distances,

traffic, air pollution and energy consumption;

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1.3 To provide a pleasant, rich and diverse experience for pedestrians by

visually connecting activities occurring within a structure to adjacent

sidewalk areas;

1.4 To discourage a visually and architecturally monotonous commercial

environment;

1.5 To encourage the sharing of parking lots and driveway curb cuts,

minimizing the amount of paved parking surface area, and reducing

traffic congestion.

2.0 AUTHORITY

The (city/town) Planning Board shall be the Special Permit Granting

Authority for all Mixed Use Developments.

3.0 DEFINITIONS

Mixed UseDevelopment: A development which co-mingles two or more

businesses, or commingles businesses with residences, into a single

structure or group of structures located on a single lot.

Business Services: Services used in the conducting of business and

commerce, including only:

a. Consumer and mercantile credit reporting;

b. News services;

c. Research, development and testing;

d. Business management and consulting;

e. Insurance company service offices;

f. Real estate offices.

Driveway: A space, located on a lot, built for access to a garage or off-street

parking or loading space.

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Fast Food Restaurant: An establishment whose principal business is the sale

of pre-pared or rapidly prepared food directly to the customer in a ready-to-

consume state for consumption either within the restaurant building or off the

premises.

Municipal Facilities: Facilities utilized in the provision of services normally

provided by municipalities such as schools, parks, playgrounds, municipal office

buildings, and maintenance buildings.

Personal Services: Establishments primarily engaged in providing services

involving the care of a person or his/her apparel, including but not limited to:

a. Laundering, dry cleaning and garments services not exceeding 5,000

square feet of floor area per establishment;

b. Coin operated laundries;

c. Shoe repair;

d. Photographic services;

e. Beauty and barber shops;

f. Apparel repair and alteration;

g. Funeral services;

h. Steam baths;

i. Reducing salons and health clubs;

j. Clothing rental.

Professional Services: Services performed by professional persons for

business and personal use, including, but not limited to:

a. Medical and health offices and clinics not exceeding 5,000 feet of

floor area per office or group of offices;

b. Planning;

c. Engineering and architectural;

d. Accounting;

e. Auditing and bookkeeping;

f. Educational and scientific.

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Quality Restaurant: An eating establishment of high quality and with turnover

rates generally of at least one hour or longer.

4.0 SPECIAL PERMIT USES

Mixed use developments may be constructed with the approval of a Special

Permit granted by the Planning Board. The following uses may be included

within a mixed use development:

a. Retail Uses;

b. Quality Restaurants;

c. Multi-family Residential;

d. Home Occupations;

e. Professional Service Offices;

f. Personal Service Establishments;

g. Municipal Uses;

h. Banks;

i. Hotel/Motel not exceeding 10 guest rooms per establishment;

j. Multiple Uses in the same structure.

5.0 CONDITIONS FOR CERTAIN USES WITHIN MIXED USE

DEVELOPMENTS

Within a mixed use development, the following uses shall not be allowed as free

standing buildings, and shall not provide drive through service windows:

a. Fast food restaurants;

b. High turnover sit-down restaurants;

c. Banks.

6.0 USES PROHIBITED IN MIXED USE DEVELOPMENTS

The following uses may not be included within a mixed use development:

a. Industrial uses;

b. Motor vehicle maintenance and repair facilities;

c. Gasoline filling stations;

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d. Commercial uses having a floor area greater than 5,000 square feet

per single establishment;

e. Dry cleaning, linen cleaning or diaper services which clean clothing

articles on site.

7.0 HEIGHT AND AREA REQUIREMENTS

The height and area requirements for free-standing single family uses, and the

special height and area requirements for mixed use developments are set forth

in the Table below.

Density Bonus Provisions for Mixed Use Developments: if new project or use

improves the public environment of the commercial neighborhood by donating

the Town/City of public amenities such as parks, benches, plazas, bicycle paths

or bicycle storage areas, or public access to special resource areas, the Planning

Board may grant reductions in the minimum dimensional requirements according

to the schedule set forth in the Table below. The Planning Board may grant

density bonus points for the public amenities listed in Section 8.0. The minimum

dimensional requirements for a mixed use development will be determined as

part of the Special Permit process, according to the number of public amenities

listed in Section 8.0 which the development provides.

For example, a proposed mixed use development which provides one or more of

the qualified public amenities suggested in Section 8.0, resulting in a cumulative

award of 30 bonus points, would only be required to meet the minimum

dimensional requirements specified in the column labeled MXD B. A proposed

mixed use development which provides qualified public amenities which result in

a cumulative award of 50 bonus points would only be required to meet the

minimum dimensional requirements specified in the column labeled MXD C.

MXD A. MXD B. MXD C. MXD D. MXD E.

Single Family No Density 30 Bonus50 Bonus 70 Bonus 100 Bonus

Residential Bonus Points* Points* Points*Points*

Zoning Permit Allowed by

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Requirement RightAccording to theRequirements

of the Allowed By Allowed By Allowed ByAllowed By Allowed By

Existing Zoning Special Special SpecialSpecialSpecial

Bylaw Permit Permit PermitPermitPermit

MIN LOT SIZE (sq. ft.) - 430,000 400,000 350,000 320,000300,000

MIN LOT SIZE (acres) - 9.87 9.8 9.03 7.35 6.89FRONTAGE (ft.) - 650 570 400 300 250MIN FRONT YARD (ft.) - N/A N/A N/A N/A N/AMAXIMUM FRONTYARD (ft.) - 20 20 20 20 20MIN SIDE YARD (ft.) - 15 15 15 15 15MIN REAR YARD (ft.) - 15 15 15 15 15MAXIMUM HEIGHT (ft.) - 45 45 55 55 55FLOOR AREA RATIO - 0.75 0.85 1.00 1.25 1.5FLOOR AREA RATIO -(as sq. ft.) - 322,500 340,000 350,000 400,000

450,000% LOT COVERAGE - 50% 50% 65% 70% 80%% LOT COVERAGE - 215,000 200,000 227,500 224,000

240,000(as sq. ft.)

8.0 DENSITY BONUS CRITERIA FOR MIXED USE DEVELOPMENT

Density bonus points shall be provided for each public amenity, according to the

suggested point award schedule.

Public Amenity Points

Exceeds minimum landscaping requirements 5 points for each 800 square

feet of landscaping requirements which exceeds the 20%

minimum set forth in subsection 9.03

Actual parking spaces constructed do not exceed 10 points

the average parking requirements calculated in

accordance with the publication entitled: Parking

Generation by the Institute of Transportation

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Engineers (ITE)

Provides public drinking water fountains located in 5 points for

each two fountains

Outdoor areas

Provides outdoor public seating areas 1 point for each bench at least 5

feet long

Provides covered secure bicycle storage lockers 5 points for every six lockers

installed according to the

location requirements

specified in subsection 9.02

Transit Stop or park-n-ride lot provided on-site, or 20 points

50% funding provided for a facility located in an

adjacent public way

25% of floor area reserved for multi-family dwelling 10 points

units

10% of floor area reserved for professional offices 10 points

Restrictive covenant agreement executed which 10 points

requires continuity with a common architectural

design scheme in accordance with the criteria

set forth in Section 9

Pedestrian Pocket Parks are provided which include 10 points for

each part of at least 1,000 square seating areas shaded by trees, picnic tables

feet

and an integrated and maintained trail network

9.0 SPECIAL PERMIT CRITERIA FOR ALL MIXED USE

DEVELOPMENTS

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9.1 Meets dimensional standards contained in Section 8.0 above. No

single commercial establishment shall contain a floor area greater than

5,000 square feet.

9.2 Parking Standards (Refer to standards set forth in the Model Parking

Bylaw)

9.3 Parking Lot Location and Landscaping (Refer to standards set forth in

the Model Parking Bylaw)

9.4 Shared Parking Lots (Refer to standards set forth in the Model Parking

Bylaw)

9.5 Automobile, Pedestrian, and Bicycle Circulation Plans (Refer to

standards set forth in the Model Parking Bylaw)

9.6 Must make provisions for motor vehicle, bicycle, and pedestrian

circulation connections to adjacent lots.

9.7 Buildings shall be designed so that only retail, restaurant, and personal

service establishments shall be located on the ground or below grade

building levels.

9.8 The Planning Board shall require a detailed traffic study for high

volume traffic generating uses with a trip generation rate over 700

vehicles/day (based on Institute of Transportation Engineers rates

found in Trip Generation); for the construction of new Mixed Use

Development structure of more than 25,000 square feet in gross floor

area; and for any external enlargement that brings the Mixed Use

Development total to 25,000 square feet gross floor area for all

structures. The Planning Board may waive any or all requirements for

a traffic study for external enlargements of less than 2,000 square feet

of gross floor area in excess of the 25,000 gross floor area threshold.

The traffic impact statement shall contain:

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a. The projected number of motor vehicle trips to enter or leave the

site, estimated for daily and peak hour traffic levels;

b. The proposed traffic flow pattern for both vehicles and pedestrian

access shall be described and related to the site plan, including

vehicular movements at all major intersections likely to be affected

by the proposed use of the site;

c. Traffic flow patterns at the site including entrances and egresses,

loading and unloading areas, and curb cuts on site and within one

hundred (100) feet of the site;

d. A detailed assessment of the traffic safety impacts of the proposed

project or use on the carrying capacity of any adjacent highway or

road, including the projected number of motor vehicle trips to enter

or depart from the site estimated for daily hour and peak hour

traffic levels, road capacities and impacts on intersection. Existing

daily and peak hour traffic levels and road capacities shall also be

given;

e. A parking lot vehicle traffic and pedestrian circulation plan shall be

designed to minimize conflicts and safety problems.

9.9 Lighting

a. Any outdoor lighting fixture newly installed or replaced shall be

shielded so that it does not produce a strong, direct light beyond

the property boundaries which either exceeds 3 foot-candles or

creates observable shadows;

b. No light standard shall be taller than fifteen (15) feet;

c. No flickering or flashing lights shall be permitted.

9.10 Sufficient domestic water and sanitary sewage disposal facilities shall

be available.

9.11 Display signs shall conform to Section ____ of this zoning

bylaw/ordinance.

A MODEL OF CURRENT AND POTENTIAL URBAN DEVELOPMENT

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Demonstrating Relational Database and Reprocessing

Fundamentals

Relational database management systems form the basis of most of the

information management systems that are used to record the properties

of almost everything. Relational databases are a generic container for

storing information about entities and phenomena, and for creating new

information about how many different sorts of things relate to one-

another. Tables are used to store references to entities. A row, or record,

in a table holds a collection of attributes that serve to distinguish one

thing from another. Attributes may also be used to relate the entities of

one class, to those of another. A set of assumptions about how things,

rows, classes and tables are expected to be composed is discussed in our

lecture notes. For now we will say that with an adequately designed set of

tables, we can apply sequences of query, transformation, associative and

summary operations that will yield useful new information about how

things and ideas relate to each other.

By running the same sequence of analytic steps on selections of records,

we can learn things about useful differences between one place or class of

entities and another. By altering the information in the database perform

controlled experiments to explore alternative future scenarios. If we learn

how to automate the workflow of our model procedure, then we can

make a lot of experiments that will help us to understand the

consequences of one decision or another.

Representing Development Intensity: Current and Future

As usual, we will not begin to use GIS until we are clear about what we are

trying to represent. Without a clear formulation of a conceptual model,

there is no point exploring data. Today we are concerned with

development intensity near existing and proposed transit stops. Our

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conception of development intensity we will use the common planning

metric: Floor Area Ratio (FAR), which is the amount of useable floor

area of the building on a property, divided by the land area of the

property parcel. We want to model existing intensity and potential

development allowed by the zoning regulations, for individual parcels and

for entire districts near transit stops. This will help us to understand

opportunities and for infill. We would like to use this model to experiment

with adjustments to the zoning ordinance or to the zoning of specific

parcels to understand what the potential build out impacts of these

scenarios would be.

Our next step is to break this conceptual model down into its component

concepts and to explain how we find data and operations to represent

these. Our property parcels will be represented by the 2006 Parcels

Table from the City of Somerville Tax Assessor. Each parcel is

represented as a row in this table, and has attributes including Lot area

and gross floor area and a code that references the zoning classification

that applies to that parcel. The potential development of parcels will be

represented by the dimensional standards given in Article 8 of the

Somerville Zoning Ordinance (2006) these standards have been

represented in zoning Class Table that represents each zoning class and

its intensity allowances.

Naturally, we will want to explore these datasets and to critique them with

regard to how well they represent our concepts. We should examine some

of the questions described in Critique of Data and Metadata to answer the

ultimate question about the errors of omission or commission that may be

inherent in our use of the data the way we hope to. This will also help us

to understand how our data may be improved. One interesting aspect in

this case will be to consider biases in the tax assessor's view of property,

and also the fact that since the Zoning ordinance is itself a formal concept

that may be almost perfectly represented by its map and its table. And

yet, we know that in a mixed use parcel, should actually reflect the FAR

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for residential and commercial, and in our model we only have one

number. We could probably fix this last problem.

A more fundamental problem with our model lays in the too-simple

assumption that the potential development of a parcel is totally

dependent on the FAR limits of its zoning class. There are many other

issues that may cut in to this: including some amount of land being

required to fulfill parking and open space requirements probably being the

largest factor. Given this, we would expect our model to overestimate the

actual development potential by perhaps 20 percent. (I just made this

number up, but at least I have some guess as to the direction and the

magnitude of the error.) I could probably do some experiments to get a

much better estimate of the error that results from this simplified concept

of development potential. This would help me figure out how to make a

better model.

Measuring Existing FAR

Our next step is to get summaries of existing FAR for specific areas of

town that we define in our areas of interest layer. To do this we will have

to add a new column to our table and use some relational database tools

to update the value of that column that holds a value for FAR for each

parcel. Then we will be able to calculate some summaries of the actual

FAR being used in each zoning class. We will see that these summary

functions can be requested to operate only on selected parcels. This will

be a great opportunity to explore the utility of a spatial operation that lets

us select the parcels within a particular area of interest. We will explore

these functions with some Ad-Hoc tools in the Arc Map Graphic Interface.

Then we will learn how to use and create geo processing tools that will let

us create a reputable workflow that will both document and automate our

routine for calculating existing FAR for a given zone.

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Computing FAR per Parcel: Transforming Attribute References in

a Table

The referencing systems used in a dataset may not immediately lend

themselves to representing our concepts. In this case, our concept is FAR,

but we have only Lot Area and Gross Area measurements for our parcel.

This isn't too bad, since we can reasonably expect FAR to be a simple

function of these two numbers. As we need only to create a new column

on our parcels table and to populate it with a value of floor area divided

by lot area. We will immediately encounter a difficulty in that Arc Map

won't allow us to divide by zero. So we will do an attribute query to select

only those rows that have a gross area greater than 0, and to the math.

Then we will invert the selection and calculate 0 for the FAR of those

apparently landless or unmeasured parcels (perhaps condos or tax

exempt land) We will then map the result and see if it is logically

consistent with our thematic map that did its normalization in the

symbology properties.

Making Summaries on Tables and Subsets of Records

So, we've made maps before, and they are useful for portraying data

graphically, but what we really need now is Numbers! We want to know

what the existing FAR in the entire city and in particular zones and in

different parts of the city. This will be a good opportunity to explore table

summaries. These are great but even greater when we learn how to do

these with particular subsets of records that we can select. We will learn a

new way of selecting parcels that fall within particular areas of interest to

create summaries of development densities by zone within specifically

defined areas of town.

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Exploring different Development Scenarios

So you now have a schema and a set of tools for studying development

density. Currently our schema represents the condition as recorded by the

tax assessor in 2003. What if we want to investigate another scenario? All

we have to fo is change the FAR of specific parcels, and go through the

same steps as above. Before doing this, we should put some though into

how to organize this information, since we may be creating various

scenarios and we do not want to destroy the information about the

existing condition. Our Principles of Data Organization stipulates that our

dataset is arranged by source. If we want to alter develop our own data

we create our own folder under the GIS tree of the collection. This way we

can be sure that their data in our Somerville folder always represents the

condition as the tax assessor saw it. We are going to store our data in a

geo database because of advantages that these offer -- especially that

they automatically calculate the area of polygons.

Calculating Build out FAR

So, you have an idea of what the existing development density is in

different zoning districts across the whole city and in specific parts of town

and in alternative development scenarios. We should keep in mind that in

reality we can't always simply boost the FAR of a parcel if such increases

are not permitted in the zoning. Perhaps we want to make

recommendations to change the zoning ordinance and investigate the

potential impacts of this, on the wholesale development capacity of the

city or of districts? This requires a build-out model, and forces us to a

higher level of modeling. Each of our parcels is assigned to a zone with

its Zone_ code. We know the actual FAR. What we need to know is the as-

of right FAR per the zoning ordinance. Luckily we have this information in

another table. In the next section we will discuss how you could make this

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table yourself. The tableZonecode_LUT has a record for each zoning

code, and each zoning code is distinguished by a code, a name, an

permitted FAR, and other attributes. The Code field is a unique key for the

rows in this table. We can look at the Parcels Table and see how the

values in the Zone_ field are references to the Code in the lookup table.

This column of references is known as a Foreign Key this relationship

can be used to create a new table view that dynamically joins these tables

together. This will effectively add a new FAR field to our parcels table that

we can use to new developable square feet numbers for each parcel.

Creating New Zoning Scenarios

The next and last thing to think about is what if you wanted to change the

zoning and investigate the build out impacts. I will leave you with these

two thoughts. There are a couple of simple ways of doing this. The simple

way of doing this would be to select specific parcels and up-zone them by

selecting a bunch and calculating a new value for the zone field. If you did

this you would notice, upon closing and that the values joined to your

parcel table would update automatically, but the calculated values for

Developable square feet would have to be calculated again. Alternatively,

you could take the big gesture of up or down zoning entire zoning districts

by changing the allowable FAR for a district in the Zonecode_LUT. Of

course before doing this, you should make your own copy of the lookup

table!!! You will notice if you close your parcels table and reopen it that

these changes will also cascade dynamically to the joined view. IN reality,

the way up zoning often happens is by the proposal of new special

districts or Planned Unit Development areas. The way you would do this is

by adding new districts to the Zone code lookup table (you will see I have

already added some. Then you can assign groups of parcels to these

districts. This workflow has advantages of allowing you to try different

scenarios without destroying the old ones.

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Automating the Process

The previous exercise was fairly rewarding, but could also become tedious

if we had to do it too many times. With tedium also comes all sorts of

potential errors that we may not catch (those are the worst kind!) So it

would be nice to be able to automate this procedure. To actually script

this workflow will also have the added benefit of allowing us to very easily

share our method with other people. Thankfully ArcGIS provides a nice

mechanism for doing this.

INDICATORS/ VARIABLES TO BE TAKEN IN DEFINING FSI/ FAR

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Rationale - what it means and why it is an important measure

Floor area per person is a response indicator, as well as a pressure

indicator. In high-density cities, floor area per capita is usually lower than

in low-density cities or towns. This is influenced by housing regulations in

general. Thus, in low-density cities, the floor area per person is usually

larger than needed for the inhabitants; this commonly leads to the misuse

of resources such as electricity, land, water, etc.

How it is compiled, what data are needed?

The ratio of total living space within a district to the number of inhabitants within

the district.

Measurements and units

Ratio of total living space to number of inhabitants (m²/inhabitants).

Floor Area Ratio (FAR)

The mathematical expression determined by dividing the Gross

Floor Area of a building including the garage and all accessory

buildings (excluding decks, open porches, child play structures,

open gazebos) by the area of the lot on which they are located as:

(OR)

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The Floor Area Ratio (FAR) or Floor Space Index (FSI) is the ratio of

the total floor area of buildings on a certain location to the size of the land

of that location, or the limit imposed on such a ratio.The Floor Area Ratio

is the total building square footage (building area) divided by the site size

square footage (site area).As a formula: Floor Area Ratio = (Total covered

area on all floors of all buildings on a certain plot)/ (Area of the plot). Thus,

an FSI of 2.0 would indicate that the total floor area of a building is two

times the gross area of the plot on which it is constructed, as would be

found in a multiple-story building.

At the level of site development, the access patterns, positioning

of buildings relative to the site borders, set backs, and massing

are the important decisions. The performance indicators that

guide these decisions still are mainly density – related, but the

land units in the denominator now do not include the areas of

streets and other public amenities. Dwelling units per acre is an

important density measure in housing. For housing and other

building types, the floor area ratio (FAR), also called the plot ratio

or the floor space index (units of floor area per unit of site area),

is the most significant measure. Where floor area is less

indicative, for example, because floor – to – floor heights are non

standards, density indicators based on volume may be used

instead, such as cubic feet of building volume per square foot of

site. Again, the rules of thumb generally agree that the higher

the density is (e.g., as measured by the floor area ratio), the

more economical the scheme.

Coverage, the ratio of the building foot prints to the total site

area, and the open space index, the ratio of open (usually

“green”) space to total site, and the number of units of open

space per resident, are examples of other density – related

indicators at this level.

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LAND USE MODELS

THREE MODELS OF URBAN LAND USE

The study of urban land use generally draws from three different

descriptive models. These models were developed to generalize about the

patterns of urban land use found in early industrial cities of the U.S.

Because the shape and form of American cities changed over time, new

models of urban land were developed to describe an urban landscape that

was becoming increasingly complex and differentiated. Further, because

these are general models devised to understand the overall patterns of

land use, none of them can accurately describe patterns of urban land use

in all cities. In fact, all of these models have been criticized for being more

applicable to cities in the U.S. than to cities of other nations. Other

criticisms have focused on the fact that the models are static; they

describe patterns of urban land use in a generic city, but do not describe

the process by which land use changes. Despite these criticisms, these

models continue to be useful generalizations of the way in which land is

devoted to different uses within the city. Below, we will examine the

Concentric Zone Model, Sector Model and Multiple Nuclei Model of urban

land use.

Concentric Zone Model: The concentric zone model was among the

early descriptions of urban form. Originated by Earnest Burgess in the

1920s, the concentric zone model depicts the use of urban land as a set of

concentric rings with each ring devoted to a different land use (see Figure

1). The model was based on Burgess’s observations of Chicago during the

early years of the 20th century. Major routes of transportation emanated

from the city’s core, making the CBD the most accessible location in the

city. Burgess identified five rings of land use that would form around the

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CBD. These rings were originally defined as the (1) central business

district, (2) zone of transition, (3) zone of independent workers’ homes, (4)

zone of better residences and (5) zone of commuters. An important

feature of this model is the positive correlation of socio-economic status of

households with distance from the CBD -- more affluent households were

observed to live at greater distances from the central city. Burgess

described the changing spatial patterns of residential areas as a process

of "invasion" and "succession". As the city grew and developed over time,

the CBD would exert pressure on the zone immediately surrounding it (the

zone of transition). Outward expansion of the CBD would invade nearby

residential neighborhoods causing them to expand outward. The process

was thought to continue with each successive neighborhood moving

further from the CBD. He suggested that inner-city housing was largely

occupied by immigrants and households with low socio-economic status.

As the city grew and the CBD expanded outward, lower status residents

moved to adjacent neighborhoods, and more affluent residents moved

further from the CBD.

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Figure 1 Three Generalizations of Urban Structure Upper Left:

Burgess' Concentric Zone Model; Upper Right: Hoyt's Sector Model;

Bottom Left: Harris and Ullman Multiple Nuclei Model. Graphic repared by

Department of Geography and Earth Sciences, University of North

Carolina at Charlotte.

Sector Model: Soon after Burgess generalized about the concentric zone

form of the city, Homer Hoyt re-cast the concentric ring model. While

recognizing the value of the concentric ring model, Hoyt also observed

some consistent patterns in many American cities. He observed, for

example, that it was common for low-income households to be found in

close proximity to railroad lines, and commercial establishments to be

found along business thoroughfares. In 1939, Hoyt modified the

concentric zone model to account for major transportation routes. Recall

that most major cities evolved around the nexus of several important

transport facilities such as railroads, sea ports, and trolly lines that

emanated from the city's center. Recognizing that these routes (and later

metropolitan expressways and interstate highways) represented lines of

greater access, Hoyt theorized that cities would tend to grow in wedge-

shaped patterns, or sectors, emanating from the CBD and centered on

major transportation routes. Higher levels of access translate to higher

land values. Thus, many commercial functions would remain in the CBD,

but manufacturing activity would develop in a wedge surrounding

transport routes. Residential land use patterns also would grow in wedge-

shaped patterns with a sector of lower-income households bordering the

manufacturing/ warehousing sector (traffic, noise and pollution making

these less desirable locations to live) and sectors of middle- and higher-

income households located away from industrial sites. In many respects,

Hoyt's sector model is simply a concentric zone model modified to

account for the impact of transportation systems on accessibility.

Multiple Nuclei Model: By 1945, it was clear to Chauncy Harris and

Edward Ullman that many cities did not fit the traditional concentric zone

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or sector model. Cities of greater size were developing substantial

suburban areas and some suburbs, having reached significant size, were

functioning like smaller business districts. These smaller business districts

acted as satellite nodes, or nuclei, of activity around which land use

patterns formed. While Harris and Ullman still saw the CBD as the major

center of commerce, they suggested that specialized cells of activity

would develop according to specific requirements of certain activities,

different rent-paying abilities, and the tendency for some kinds of

economic activity to cluster together. At the center of their model is the

CBD, with light manufacturing and wholesaling located along transport

routes? Heavy industry was thought to locate near the outer edge of city,

perhaps surrounded by lower-income households, and suburbs of

commuters and smaller service centers would occupy the urban

periphery.

GLOBAL LAND USE MODELS

Global land-use models address the allocation of land to specific use

types. They are used to understand the dynamics of land-use

change but also to project the future development of land-use patterns.

Land supplies a multitude of goods and services to human societies – and

the demand for these is changing with demography, wealth, and

lifestyles. However, land is available in limited stocks only and thus, food,

fiber-, and timber production, recreation, nature conservation,

infrastructures, and settlements compete for suitable land. The historical

development, cultural background, political and institutional

conditions, trade regimes, and most of all the land’s suitability for

specific land-use types constrain this competition. Their interaction

determines the spatial land-use pattern and the spatial extent of the area

under cultivation. Land suitability, however, is not distributed evenly over

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space but forms heterogeneous patterns, complicating the competition for

suitable land.

Societal and environmental conditions change, modifying the global land-

use pattern as a consequence. Well-known examples for these global

land-use changes are tropical deforestation and agricultural expansion,

intensification, and specialization.

Global Modeling Approaches

To analyze this complexity and to project the future development of land-

use patterns as integral parts of the Earth System, land-use models are

being developed and employed.

The global scale is of special interest for analyzing land-use change

processes. Many of the drivers and also many consequences of land-use

change are of global extent and so-called globalization increasingly

allows the shifting of land requirements from one region to another.

These changes can only be addressed in a global framework. However,

global approaches require high levels of generalization and aggregation,

both spatially and conceptually. Thus, specific methodologies are needed

for global approaches that differ significantly from smaller-scale

approaches: Global land-use models implement other processes than

smaller-scale approaches. They can – in principle – cover feedbacks

to world market prices or inter-regional competition and can, thus,

determine total area demand, which often is an input to smaller-scale

models. On the other hand, several processes that are often considered in

small-scale land-use models, such as effects of land tenure or

management, cannot be included in the global level. Some processes are

only analyzed at local scales that cannot be generalized or extrapolated to

other regions. It is also hard to find adequate data for these local

processes at the global scale. The lack of suitable global data sets and the

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special requirements of global-scale modeling approaches partially

explain the small number of global-scale land-use models available.

The complexity of global land-use change processes is often much

reduced by excluding inter-sectoral competition: That is, most global land-

use models focus on agriculture or forestry only. Rarely, agriculture and

forestry are addressed in the same model. Recreation, infrastructure, and

settlements are completely ignored in global land-use models.

Methodologically, the complexity is often reduced by employing only

disciplinary methods in the models, ignoring the interdisciplinary

character of land-use dynamics. Based on their disciplinary background,

three types of large-scale modeling approaches can be recognized:

geographic land-use models;

economic land-use models; and

Integrated land-use models, which combine both approaches.

At the global scale, no geographic land-use model exists and most

economic land-use models are not designed or employed to analyze land-

use dynamics, although they allocate land in monetary terms to specific

production types. Nonetheless, all three methodologies can be principally

employed at the global scale to analyze and project global land-use

dynamics. Most global-scale land-use models that are specifically

designed to analyze and project land-use changes are integrated models,

i.e., they are based on geographic and economic modeling approaches.

Geographic Modeling Approaches

Geographic approaches focus on spatial patterns of land-use

change processes. They allow the flexible inclusion of behavioral patterns

that affect the spatial allocation of land. Geographic modeling approaches

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require external projections of area- or commodity demand. These

external demands are consequently not affected by the spatial limitations

in their production, which can strongly affect demand via the price

mechanism. Geographic approaches comprise empirical-statistical as well

as rule/process-based models.

So far, there is no global geographic land-use model. These models are

developed for and applied at regional to continental scales. The

methodologies, however, is in principle applicable at the global scale as

well and are partly used in integrated models. Examples of large-scale

geographic land-use models are the CLUE models.

Economic Modeling Approaches

Economic land-use models on the contrary are concerned with the

interaction of commodity demand, production, and trade, but largely

ignore the spatial heterogeneity of land suitability. The variations in land

suitability, however, largely determine the production inputs needed (e.g.

land, chemicals, labor) and, thus, production costs. They also limit the

total production potential. Usually, economic large-scale land-use models

are partial or general equilibrium models.

Several global-scale economic models exist – but even if these include

land as a primary production factor, the vast majority is not designed to

analyze the allocation of land but focuses on changes in market structures

of land-intensive goods or land-use emissions. Their methodologies are,

however, employed in integrated models. Examples of economic global

land-use models are the GTAP models and the AgLU model.

Integrated Modeling Approaches

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These disciplinary shortcomings can only be overcome by

integrating geographic and economic methodologies – a challenge yet to

be fully met. Few models attempt to integrate over these disciplinary

boundaries, but these models are usually specifically designed to address

global land-use dynamics. Such integration is hampered by the strong

differences in thematic, spatial, and temporal scales. First approaches to

integrate economic and geographic methodologies and data are

promising, but are often inconsistent and/or incomplete. Commodities and

land are included in monetary terms only and often cannot be simply

mapped to physical units as hectares or metric tones. Examples of

integrated global land-use models are the coupled IMAGE-GTAP/LEI model

and the FARM model.

URBAN LAND USE MODELS

The relationships between transportation and land use are rich in

theoretical representations that have contributed much to geographical

sciences. Several descriptive and analytical models of urban land use

have been developed over time, with increased levels of complexity. All

involve some consideration of transport in the explanations of urban land

use structures:

Von Thunen’s regional land use model is the oldest. It was

initially developed in the early 19th century (1826) for the analysis

of agricultural land use patterns in Germany. It used the concept of

economic rent to explain a spatial organization where different

agricultural activities are competing for the usage of land. The

underlying principles of this model have been the foundation of

many others where economic considerations, namely land

rent and distance-decay, are incorporated. The core assumption

of the model is that agricultural land use is patterned in the form of

concentric circles around a market. Many concordances of this

model with reality have been found, notably in North America.

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The Burgess concentric model was among the first attempts to

investigate spatial patterns at the urban level (1925). Although the

purpose of the model was to analyze social classes, it recognized

that transportation and mobility were important factors behind the

spatial organization of urban areas. The formal land use

representation of this model is derived from commuting distance

from the CBD, creating concentric circles. Each circle represents a

specific socioeconomic urban landscape. This model is conceptually

a direct adaptation of the Von Thunen's model to urban land use

since it deals with a concentric representation.

Sector and multiple nuclei land use models were developed to

take into account numerous factors overlooked by concentric

models, namely the influence of transport axis (Hoyt, 1939) and

multiple nuclei (Harris and Ullman, 1945) on land use and growth.

Both representations consider the emerging impacts of motorization

on the urban spatial structure.

Hybrid models tried to include the concentric, sector and nuclei

behavior of different processes in explaining urban land use. They

are an attempt to integrate the strengths of each approach since

none of these appear to provide a completely satisfactory

explanation. Thus, hybrid models, such as that developed by Isard

(1955), consider the concentric effect of nodes (CBDs and sub-

centers) and the radial effect of transport axis, all overlain to form a

land use pattern. Also, hybrid representations are suitable to explain

the structure as they combine different spatial impacts of

transportation on urban land use, let them be concentric or radial,

and this at different points in time.

Land rent theory was also developed to explain land use as a

market where different urban activities are competing for land

usage at a location. It is strongly based in the market principle of

spatial competition. The more desirable the location, the higher

its rent value. Transportation, through accessibility and distance-

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decay, is a strong explanatory factor on the land rent and

its impacts on land use. However, conventional representations of

land rent are being challenged by structural of contemporary cities.

Most of these models are essentially static as they explain land use

patterns. They do not explicitly consider the processes that are creating or

changing them.

MASTER PLAN AND DEVELOPMENT CONTROL MEASURES WITH

RESPECT TO FSI/ FAR

The development plan is an aspect of town and country

planning comprising a set of documents, which set out the Local

Authorities policies and proposals for the development and use of land in

their area. The development plan guides and informs day to day decisions

as to whether or not Planning Permission should be granted, under the

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system known as Development Control. In order to ensure that these

decisions are rational and consistent, they must be considered against the

development plan adopted by the authority, after public consultation and

having proper regard to other material factors.

The main objective of the CDP is to have a planned growth of the city in

the desired direction and to project Hyderabad as a Global City, guided by

a shared vision for city’s development. The CDP makes basic policy

choices and provides a flexible framework for adapting to real conditions

over time. It emphases on issues of priority local concerns for livability,

and the implied requirements in terms of:

?? Enhancing City Productivity

?? Reducing Poverty

?? Improving Urban Governance and

?? Enhancing Financial Sustainability

The CDP comprises of sectoral plans for the identified sectors for a time

horizon of 20 years outlining policy framework and investment

interventions to achieve the vision.

Legislation requires that decisions made should be in accordance with the

development plan unless material considerations indicate otherwise.

Although plans do not have to be rigidly adhered to, they provide a firm

basis for rational and consistent planning decisions.

Theoretically, the primary purpose of Master Plans and Development Plans

is zoningwhich is to segregate uses that are thought to be incompatible. In

practice, zoning is used to prevent new development from interfering with

existing residents or businesses and to preserve the "character" of a

community. Zoning is commonly controlled by local governments such

as counties or municipalities, though the nature of the zoning regime may

be determined or limited by state or national planning authorities or

through enabling legislation. In Australia, land under the control of the

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Commonwealth (federal) government is not subject to state planning

controls. The United States and other federal countries are similar. Zoning

and urban planning in France and Germany are regulated by national or

federal codes. In the case of Germany this code includes contents of

zoning plans as well as the legal procedure.

Zoning may include regulation of the kinds of activities which will be

acceptable on particular lots (such as open space, residential, agricultural,

commercial or industrial), the densities at which those activities can be

performed (from low-density housing such as single family homes to high-

density such as high-rise apartment buildings), the height of buildings, the

amount of space structures may occupy, the location of a building on the

lot (setbacks), the proportions of the types of space on a lot, such as how

much landscaped space, impervious surface, traffic lanes,

and parking must be provided. In Germany, zoning usually includes

building design, very specific green space and compensation regulations.

The details of how individual planning systems incorporate zoning into

their regulatory regimes vary though the intention is always similar. For

example, in the state of Victoria, Australia, land use zones are combined

with a system of planning scheme overlays to account for the multiplicity

of factors that impact on desirable urban outcomes in any location.

Most zoning systems have a procedure for granting variances (exceptions

to the zoning rules), usually because of some perceived hardship caused

by the particular nature of the property in question.

Basically, urban zones fall into one of five major categories: residential,

mixed residential-commercial, commercial, industrial and special (e. g.

power plants, sports complexes, airports, shopping malls etc.). Each

category can have a number of sub-categories. In Germany, e. g., each

category has a designated limit for noise immissions (not part of the

building code, but federal immissions code). In the United States or

Canada, for example, residential zones can have the following sub-

categories:

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R-1: Residential occupancies containing sleeping units where the

occupants are primarily transient in nature, including:

Boarding houses, Hotels, Motels

R-2: Residential occupancies containing sleeping units or more than two

dwelling units where the occupants are primarily permanent in nature,

including:

Apartment houses, Boarding houses, Convents, Dormitories

R-3: Residential occupancies where the occupants are primarily

permanent in nature and not classified as Group R-1, R-2, R-4 or I,

including:

Buildings that do not contain more than two dwelling units. Adult care

facilities for five or fewer persons for less than 24 hours.

R-4: Residential occupancies shall include buildings arranged for

occupancy as residential care/assisted living facilities including more than

five but not more than 16 occupants.

The CDP presents the city development issues, deficiency analysis and a

management framework outlining strategies and guidelines for future

growth. The plan provides a distinctive thrust for introducing enabling

rather than restrictive regulatory mechanisms through realistic planning

and management interventions within the overall regulatory and

institutional framework. A development implementation action plan

comprising of implementation schedule, role of stakeholders, regulations

and institutional strengthening mechanisms are formulated, with special

emphasis on institutionalizing the monitoring mechanisms.

T C P O NORMS

The Town and Country Planning Organization (TCPO), technical arm of the

Ministry of Urban Development, Government of India, is an apex technical

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advisory and consultant organization on matters concerning urban and

regional planning strategies, research, appraisal, and monitoring of

central government schemes and development policies. TCPO not only

assists the Central Government but also provides assistance to the State

Governments, Public Sector Undertakings and Local Bodies / Development

Authorities on the matters pertaining to urbanization, town planning,

urban transportation, metropolitan planning, human settlement policies,

planning legislation. The Organization also undertakes consultancy works

on urban development, urban design, spatial planning, etc, besides,

conducting training programme on computer application in planning, GIS,

etc., in collaboration with other national and international agencies. The

major functions of TCPO are:

I) Appraisal and monitoring of central sector projects /

programmes.

II) Advice to the Ministry of Urban Development, Planning

Commission and other Central Ministries in Urban Development

policies and strategies.

III) Technical advice and assistance to State Town and Country

Planning Departments.

IV) Undertaking applied research in areas of topical interest.

V) Preparation of Manuals and Guides on various aspects of

planning and development.

VI) Organizing training programmes, conferences and workshops for

in-service planners and officials in the field of urban and regional

planning and development.

VII) Providing consultancy services in planning projects at various

levels.

VIII) Developing Urban and Regional Information System.

Major on-going and new Schemes

I) Integrated Development of Small and Medium Towns

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Since 1979-80, the Centrally Sponsored Scheme of Integrated

Development of Small and Medium Towns (IDSMT) are in operation in all

states and UTs. It aims at the development of selected regional growth

centers with infrastructure and service facilities so as to enable such

towns to emerge as regional centers of economic growth and employment

opportunities and arrest migration from rural areas and small towns to

large and metropolitan cities. Since inception of the scheme till end of

the financial year 2004-05 central assistance of Rs. 850.49 crores has

been released to 1854 towns. In addition, Rs. 24.05 crores has also been

released to 1202 towns under Central Urban Infrastructure Support

Scheme (CUISS). A status report on IDSMT 2004-05 highlighting the

salient features of the scheme, component wise progress for each state

and UT up to 31.03.2005 is available with TCPO.

II) Urban Infrastructure Development Scheme for Small & Medium

Towns (UIDSSMT)

The IDSMT scheme has been subsumed in the new scheme of “Urban

Infrastructure Development Scheme for Small & Medium Towns

(UIDSSMT)” recently launched by the Government on 3rd December

2005. Guidelines of the new scheme have been circulated to all states

and UT’s. Under the Scheme, TCPO as a member of State Level

Sanctioning Committee, will scrutinize the appraisal reports and provide

technical inputs for clearing / sanctioning of the projects. TCPO will

monitor and scrutinize the quarterly progress report received from the

State Level Nodal Agency and appraise the Ministry from time to time

about the progress of the scheme. TCPO will also be responsible for

preparing the status report of the scheme annually and will help in

organizing the training programmes for the capacity building.

III) Urban Mapping Scheme

Perspective Plan for Dandakarnyathe Urban Mapping Scheme was

initiated during the VIII Five Year Plan to prepare large-scale base maps of

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towns / cities using aerial photography. Under the scheme 53 towns from

different States were covered in two phases. During the first phase 25

towns from 7 States and during the second phase 28 towns from 19

States have been covered in consultation with the State Governments.

The total work of aerial photography and mapping for all the 53 towns has

been completed and maps generated under the scheme have been sent

to the respective State Town Planning Departments which are being used

for urban planning and other related purposes. Out of 53 towns, 28 towns

covered in the second phase are also available in digital format. Further,

to test the efficacy of the maps generated under the scheme, two towns

viz. Khammam and Nainital have been taken up as pilot studies for

generation of GIS database to enable preparation of Master Plan. The

total cost of the scheme for all the 53 towns worked out to Rs 20.19

Crores.

IV) National Urban Information System (NUIS)

During the Tenth Five Year Plan, the Urban Mapping Scheme has been

discontinued and subsumed in the new scheme of National Urban

Information System (NUIS) Scheme. Under NUIS it is proposed to cover

137 towns at an estimated cost of Rs. 66.28 crores. Under the scheme,

funding will be in the ratio of 75:25 between Central Government and

State Government. TCPO is the nodal agency to implement the NUIS

Scheme.

The NUIS comprises broadly two major components with independent but

related objectives, strategies and budget under a single umbrella i.e.

1. Urban Spatial Information System Scheme (USIS)

2. National Urban Data Bank and Indicators (NUDBI)

The National Urban Databank and Indicators component will further

comprise the following two sub-components (1) Housing and Household

Statistics, and (2) National Urban Observatory / Local Urban Observatories

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addressing the indicators aspect. The scheme has been approved by the

Government and operationalized.

V) Permanent Settlement Plan for Tsunami Affected Areas in A&N

Islands

As directed by the Ministry, TCPO as a member of the central team has

surveyed and prepared layout plans for Permanent Settlements for

Tsunami affected areas in Little Andaman, Car Nicobar, Southern group of

Islands, and Great Nicobar of A&N Islands.

VI) Jawaharlal Nehru National Urban Renewal Mission (JNNURM)

JNNURM launched by the Hon’ble PM on 3rd December 2005 will be

implemented by the Ministry during the next seven years. The Mission

envisaged improving urban infrastructure services in the identified cities

to make them efficient and effective centers of growth.

Under JNNURM, Chief Planner, TCPO is a member of the Central

Sanctioning and Monitoring Committee of the Sub-Mission for Urban

Infrastructure and Governance, as well as Sub-Mission on Basic Services

to the Urban Poor. As such TCPO will provide technical inputs for

monitoring and sanctioning of the projects as well as in scrutinizing the

City Development Plans and Detailed Project Reports.

VII) A Comparative Study on Planning Norms, Building Bye-Laws,

Tariff Structure, Land Assembly and Resource Mobilization for

selected Metropolitan Cities, (1999)

This study was a comparative study among the nine metropolitan cities

with regard to Planning Norms, Building Bye-Laws, Tariff Structure, Land

Assembly and Resource Mobilization. It is a useful document which gives

details of all these relevant issues of urban planning and development for

metropolitan cities. The study was funded by Ministry.

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VIII) Building Bye-Laws for NCT Delhi, 2003 (Draft)

On the request of the Ministry, Building Bye-Laws for NCT Delhi, 2003

(Draft) was prepared by a Committee constituted for this purpose under

the Chairmanship of CP, TCPO. As the building bye-laws of NCT Delhi,

1983 have number of amendments in the recent past, it was felt that the

same may be revised/ updated duly incorporating provisions for structural

safety of buildings, rain water harvesting, and barrier free environment for

disabled and elderly persons.

IX) Comparative Transportation Profile in Metropolitan Cities

(Draft), 2003

A comparative transportation profile for selected metropolitan cities was

prepared highlighting important transportation issues in these cities.

X) Model Building Bye-Laws, 2004

The Model Building Bye-Laws was prepared to act as guide to State Town

Planning Departments and Development Authorities to adopt the same as

per their requirements and local conditions.

UDPFI GUIDELINES

GROUP HOUSING

The number of dwelling units are calculated a basis of the density pattern

given in the development plan.

Minimum size of the plot 2250 sq m

In hill towns 5000 sq m

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Max FAR 125(higher far may be given

depending on the pattern of development and should not exceed 150)

Max height 15m (for plot sizes up to 4000

Sq.m) and 26m for plots above 400 Sq.m)

In hill areas 15 m for all size of plots

Number of dwelling units to be calculated on the basis of the net

neighborhood .this may vary between 50 DU’s to 125 DU’s per ha

COMMERCIAL

CLUSTER CENTRE CONVENIENCE SHOPPING

Max ground coverage 40%

Max FAR 60

MAX HEIGHT 15 M

IN HILLS 6 M

SECTOR CENTRE

MAX GROUND COVERAGE 30%

- IN HILLS 35%

MAX FAR 100

MAX HEIGHT 15M

IN HILLS 9M

COMMUNITY CENTRE

MAX GROUNG COVERAGE 25%

-IN HILLS 30%

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MAX FAR 100

MAX HEIGHT 26M

-IN HILLS 15M

DISTRICT CENTRE

MAX GROUND COVERAGE 25%

MAX FAR 125

-IN HILLS 100

MAX HEIGHT 37 M

-IN HILLS 15M

OTHER CONTROLS

Some of the buildings in district centre in hill towns could be permitted up

to 50 m height with the approval of the govt. for achieving an urban form.

Plot (Sq.m) Max ground coverage (%) FAR NO of DU's

Max Height(M)

low income group( mainly for cities/towns)

30 75 150 1 8above 30 up to

5075 150 2 8

normal housing(mainly for large, medium and small town)

above 50 up to 100

65 180 3 12

above 100 to 250

65 180 3 12

above 250 to 500

55 165 6 15

above 500 to 1000

45 120 8 15

above 1000 to 1500

40 100 8 15

above 1500 to 2250

33 1/3 100 12 15

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GO 623

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NATIONAL BUILDING CODES

S.N Plot Area (sq.mt) Maximum FAR No. Maximu

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o.

Ground

Coverage

%

of DUs.m Height

(mt.)

Low-Income Group Housing (mainly for large cities/towns)

1. 30 75 150 1 8

2. Above 30 up to 50 75 150 2 8

Normal Housing (mainly for large, medium and small towns)

3. Above 50 up to 100 65 180 3 12

4.Above 100 up to

25065 180 3 12

5.Above 250 up to

50055 165 6 15

6.Above 500 up to

100045 120 8 15

7.Above 1000 up to

150040 100 8 15

8.Above 1500 up to

225033 1/3 100 12 15

Group Housing

The numbers of dwelling units are calculated on the basis of the density

pattern given in the development plan, taking into consideration a

population of 4.5 persons per dwelling unit.

Minimum size of the plot 2250 sq. mt.

In hill towns 5000 sq. mt.

Maximum ground coverage 35%

125 (higher FAR may be given depending on the pattern of development

and should not exceed 150)

15 mt. (for plot sixes up to 4000 sq. mt.) and 26 mt. for plots above 4000

sq.mt.

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15 mt. for all size of plots.

To be calculated on the basis of the net plot area of a particular

neighborhood. This may vary between 50 DUs. To 124 DUs. Per hectare.

Foreign Mission


Maximum floor area ratio 75

Maximum height 14mt.

Hostel

Maximum ground coverage 33.33%


Maximum height 26mt.

Guest House, Boarding House and Lodging House

Minimum plot size 500 sq.mt.



Maximum height 26 mt.

Dharmshala, Baratghar, and Night Shelter

Minimum plot size 800 sq. mt.




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Convenience Shopping



Maximum Height 15 mt.

In hills 6 mt.

Local Shopping


In hills 35%

Maximum FAR 100


In hills 9 mt.

Community Centre


In hills 30%

Maximum FAR 100


In hills 15 mt.

District Centre


Maximum FAR

125

In hills 100

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Maximum Height 15 mts.

Central Business District




Some of the building could be permitted up to 50 mt height.

Wholesale Trade/Ware Housing:




Primary School




Higher Secondary School



In hills 100


College

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In hills 75


Academic, including administration (45% of the total land area)




In hills 15 mt.

Sports and Cultural Activities (15% of the total area)


Maximum FAR 15

AUDITORIUM / COMMUNITY HALL




RELIGIOUS PREMISES


Maximum floor area ratio 66.66


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(Excluding minarets, shikharas and domes)

Police Post




Police Station/Fire Post/Fire Station




Post and Telegraph Office, Head Post Office




Public and Semi-Public Premises

General (in case where specific regulations are not given)




In hills 15mt.

FARM HOUSES

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Sl. No.

Size of form Maximum far Maximum height

1 Above 1.0 ha and up to 2.0 ha

100 sq. mt. (including

mezzanine floor)

Single storeyed maximum height 6

mt.2 2.9 ha and above 150 sq. mt.

(including floor)Single storeyed

maximum height 6 mt.

ZONING REGULATIONS AND ITS IMPLICATION IN DEFINING FSI/ FAR

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Zoning is the way the governments control the physical development of

land and the kinds of uses to which each individual property may be put.

City Planners within the Land Use Services Division guide applicants,

citizens, and other governmental agencies through all phases of the

development review process as they relate to zoning regulations. Zoning

regulations are land use regulations and policies that implement

community goals and protect community resources while guiding new

development. Zoning regulations affect all new construction, most

alterations, commercial occupancy changes, property line changes and

most site development activity including some tree cutting and

landscaping.

Zoning laws typically specify the areas in which residential, industrial,

recreational or commercial activities may take place. For example, an R-1

residential zone might allow only single-family detached homes as

opposed to duplexes or apartment complexes. On the other hand, a C-1

commercial zone might be zoned to permit only certain commercial or

industrial uses in one jurisdiction, but permit a mix of housing and

businesses in another jurisdiction.

Subdivision:A subdivision is just what the name implies: it is dividing a

single piece of property into smaller, separate pieces or lots, usually to

sell as a divided piece or to allow for future development. Commonly the

proposed subdivision involves a series of events that include notice and

comment by the public and hearings before area residents and

government officials before approval is given.

Buffer Zoning: Leaving a strip of land to develop a park, a small driving

range, or grass and trees to separate a strictly single-family detached

residential district from an apartment complex is becoming a common

planning approach used by local government and developers.

Down Zoning: It is rezoning of a track of land to less-dense uses.

Examples of down zoning are prohibiting high-rise apartments and

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allowing only low-rise apartments or single-family homes. Another is

prohibiting industrial use and allowing retail uses. Down zoning is one of

the most popular tools for tightening the screws on development and

curbing suburban sprawl.

Esthetic zoning: One of the most rapidly expanding forms of zoning is

the adoption of esthetic zoning regulation by some communities. These

ordinances describe what is and what is not permissible for a land owner

in terms of landscaping, color schemes, mailboxes, fences, solar panels,

decks, satellite dishes, types of materials, shapes of roof, and so forth.

Esthetic zoning ordinance may require that building plans be submitted

and approved by an architectural review committee before the

"hammering" begins.

Contract zoning: In some communities there is a practice that allows a

property owner to enter into a written agreement with the local

government to rezone certain areas of land, on the condition that the

limitations or restrictions set by the town for those parcels are accepted

by the owner. The conditions would not necessarily be applied to other

similarly zoned parcels.

Spot zoning: Spot zoning occurs when a small area of land or section in

an existing neighborhood is singled out and placed in a different zone

from that of neighboring property. For example, a park or school might be

allowed in a strictly residential area if it serves a useful purpose to the

neighborhood residents.

In some areas of the country the courts have found spot zoning illegal on

the ground that it is incompatible with the existing land use-zoning plan or

in an overall zoning scheme for the community. Whether the exception

carved out is reasonable and supported by the facts, often turns on public

interest, the effect the spot zoning has on the current uses of neighboring

properties, and any ramifications created by the zoning.

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Zoning refers to the assignment of land, by a municipality (typically a city

or county), for a particular use. Common zoning designations are

residential, commercial, agricultural and industrial. Regulations of the

individual municipality dictate what kinds of structures and activities, and

sometimes what size of lots, extraction of natural resources, maintenance

of types of pets or livestock, or other activities, are allowed in certain

zones. Zoning designations often mean different things in different

municipalities. For example, in one city, residential zoning might allow

only single family dwellings, whereas, in another, the same zoning

designation might mean townhouses are allowed. Combinations of zoning

designations can also be applied to the same area. This means you might

find a mixture of businesses and single family homes in an area zoned for

both residential and commercial use. Zoning laws can also be relaxed or

changed from time to time. It is important to know before you buy or

lease space for a biotech company, if the area is zoned for commercial

and/or industrial use, and if there are any proposed changes in the works.

Types of zoning refer to the permitted uses allowed in a particular

geographic location. The zoning regulations may place restrictions on

every use or "occupancy" of land and structures, according to the zoning

type, although certain conditions or special exceptions may be permitted

upon grant of an appeal to the proper board or commission.

Common zoning types (which may each contain sub-types) include:

Residential (dwellings and related uses).

Commercial (businesses, health care, public offices, etc)

Industrial (manufacturing, recycling, mining, etc)

Rural (farming, woods, camps, recreation, other scattered uses)

Within residential zones, for example, there may be sub classifications

such as R1 (single-family dwellings), R2 (duplex), apartments, condos, and

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permitted related uses such as home businesses, daycare, schools,

churches, and small businesses or public facilities (post office).

Because of the local nature of the regulations it is important that you

contact your local building, planning or zoning officials for specific

information regarding their classifications and restrictions.

Mixed-use development is the practice of allowing more than one type

of use in a building or set of buildings. In planning zone terms, this can

mean some combination of residential, commercial, industrial, office,

institutional, or other land uses.

Residential Developments are within an urban area where there is a

tendency for land uses to aggregate. A residential area is a land use in

which the predominant use is housing. Housing may vary significantly

between, and through, residential areas. These include single family

housing, multiple family housing such as (apartments, duplexes, town

homes (or similar configurations), condominiums) or mobile homes.

Zoning for residential use may permit some services or work opportunities

or may totally exclude business and industry. It may permit high density

land use or only permit low density uses. Residential zoning usually

includes a smaller FAR (floor to area ratio) than business, commercial or

industrial/manufacturing zoning. The area may also be large or small.

In certain residential areas, largely rural, quite large tracts of land may

exist which have no services whatsoever. Because a large distance must

be traveled to access the nearest services, most journeys involve using a

motor vehicle or some other form of transport. This need has resulted in

Residential land development usually existing or planned infrastructure

such as rail and road. The pattern of development is usually set forth in

the restrictive covenants contained in the deeds to the properties in the

development, but may also result from or be reinforced by zoning.

Restrictive covenants are not easily changed as the agreement of all

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property owners (many of whom may not live in the area) may need to be

obtained to effect a change. The area may also be large or small.

Residential Differentiation:

These are some of the various zones under which Residential Areas fall.

inner city residential

inner mixed zone

established residential

new development

urban-rural fringe

rural residential

sub-regional centers

LAND ASSEMBLING PROCEDURES/ LAND PARCELS IN MAJOR

METROPOLITAN CITIES

Land assembly is often an essential component of the development

process for the project, and the process known as land pooling, land re-

adjustment or land consolidation achieved these objectives in other parts

of the world.

Land is location, and location is the most valuable asset in successful real

estate development. The right land transaction is crucial to each of the

twin objectives of mixed-income housing: increasing the supply of

affordable housing, and increasing the supply of housing near

employment. Acquiring well-located land and then reducing the cost of

land per housing unit is fundamental to successfully offering a proportion

of the housing units at below market rates for rent or sale to low and

moderate income households. The public sector may play a role in

reducing land costs to developers as much as possible. This can happen

through a number of strategies:

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Land can be acquired by donation or grants from foundations Past due

taxes on land can be reduced or eliminated.

Local governments can donate tax-foreclosed property for mixed-income

developments.Land cost can be reduced with federal or state

redevelopment programs that use low-interest bonds to acquire land and

write-down its costs before resale to a developer.Land can be acquired

through non-profit partners like housing authorities, downtown

development authorities, land banks or land trusts

Land assembly involves joining contiguous lots to make one larger parcel

of developable land. Contiguous parcels in an urban area are often too

small to build anything more than one house. Putting land together one

piece at a time can be very expensive for a developer, especially if there

are pollution or title problems. As a result, new developments tend to be

built on the fringe of a developed area where large tracts of undeveloped

land are available, ignoring vacant urban parcels. You can assemble

needed urban parcels through public and private means.

PROCEDURES

1. Meet with stakeholders. You’ll want to include developers, real

estate professionals, lenders, housing authority representatives, and all

affected governmental agencies. This group will work together in all steps

of the process from identifying potential sites to executing agreements for

land purchase.

2. Inventory available public property within the site area. Include

publicly- held property, tax-foreclosures, and donated property.

3. Determine the privately-held parcels that are necessary to

assemble enough land for the site. Available public parcels may not

be large enough or contiguously arranged, in which case it will be

necessary to add privately- held parcels to complete the site.

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4. Create a redevelopment plan governing the sale of properties that

are deposited or withdrawn from the land bank that includes mixed-

income housing. The bank will be obligated to sell or transfer land from

the bank only if its development is consistent with this plan. Offer sites to

developers consistent with this plan.

5. Form a land bank. Land banks buy properties usually for

environmental preservation or future development. You can create a land

bank in order to turn over abandoned or tax delinquent properties to

nonprofit organizations that can develop them. Some local governments

manage their land banks directly, while other land banks are governed by

a non-profit entity or land trust.

6. Buy the land. Bring together the various landowners to sign a contract

agreeing to pool their land. Joint venture or limited partnerships, land

trusts, neighborhood or community cooperatives or corporations provide

ways to structure these private land assembly agreements.

7. Market your land bank and redevelopment plans. Include property

owners and developers in your marketing efforts.

PLOT AMENITIES

TRANSFER OF DEVELOPMENT RIGHTS (TDR)

1. WHAT IS TDR?

Transfer of Development Rights (TDR) means making available certain

amount of additional built up area in lieu of the area relinquished or

surrendered by the owner of the land, so that he can use extra built up

area either himself or transfer it to another in need of the extra built up

area for an agreed sum of money.

2. Purpose of TDR:

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The process of land acquisition in urban areas for public purpose

especially for road widening, parks and play grounds, schools etc., is

complicated, costly and time consuming. In order to minimize the time

needed and to enable a process, which could be advantageously put into

practice to acquire land for reservation purposes mentioned above?

3. Legal Basis for TDR:

The Government of Karnataka felt it necessary to amend the K.T.C.P Act

1961 in order to empower the local bodies (Corporations / Planning

Authorities) to permit additional FAR for the land handed over free of cost

whenever such lands are required for road widening, and / or for

formation of new roads or for development of parks, playgrounds and

other civic amenities etc. As a result the Government has inserted a new

section 14B in the K.T.C.P Act 1961.

4. Development Rights Certificate (DRC), whether transferable /

Inheritable:

If the owner of any land which is required for road widening for formation

of new roads or development of parks plays grounds, civic amenities etc.,

those proposed in the plan shall be eligible for the award of Transferable

Development Rights. Such award will entitle the owner of the land in the

form of a Development Rights Certificate (DRC),which he may use for

himself or transfer to any other person.

Calculation of Development Right (DR):

1) ILLUSTRATION FOR USE OF TRANSFER OF DEVELOPMENT

RIGHTS

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Illustration No. 1: In a plot area of 500 square meters at road “A”,

where floor area ratio is 1.5:-

Illustration No. 2: In a plot area of 500 square meters at road “B”,

where floor area ratio is 0.75:-

Illustration No. 3: In a plot area of 500 square meters at road “C”,

where floor area ratio is 0.75 and Development right of 150 Sq.m

originated at road “A” is transferred:-

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6. Zones of TDR:

Based on the intensity of development, the city is divided into intensively

developed (A-zone), moderately developed (B-zone) and sparsely

developed (C-zone) zones in the plan. The transfer of Development Rights

shall be from intensely developed zone to other zones and not vice versa.

7. Utilization of DRC:

1. The DRC so permitted may be utilized either at the remaining portion of

the area after surrender which will be limited to a maximum of 0.6 times

eligible floor area ratio as additional floor area ratio in lieu of transfer of

DRC, irrespective of road width.

2. The receiving plot shall abut not less than 12 m wide road.

3. The receiving plot can utilize a maximum of 0.6 times the eligible FAR

for that plot.

4. The utilization of DRC in favor of NRI or Foreign Nationals will be subject

to rules and regulations of the RBI.

5. The Authority may charge a fee of Rupees one hundred for grant /

transfer / utilization / revalidation etc., of DRC.

6. The TDR will be allowed to be utilized in multiples of 10 Sq.m only,

except the last remainder.

7. The instrument of utilization of DRC shall have to be executed by both

the parties – transferor and transferee.

8. For each request to utilize the DRC separate utilization form shall be

submitted to the Authority.

9. The utilization form requesting to utilize the DRC shall be valid for six

months from the date of issue of utilization form.

10. The DRC shall be valid for a period of 5 years. However, the same will

be revalidated for a further period of 5 years. The DRC shall however,

shall lapse after expiry of 10 years.

11. The Authority may reject / cancel the grant of DRC in the following

circumstances:

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a) If any dues payable by the owners of the property to the

StateGovernment / Local Authority, prior to the date of handing over

physical possession of the properties to the (Bangalore MahanagaraPalike)

Authority.

b) Where DRC is obtained by fraudulent means,

c) Where there is a dispute on the title of the land, till settled by the

competent court.

In certain circumstances, the development potential of a plot of land may

be separated from the land itself and may be made available to the owner

of the land in the form of transferable development rights (TDR). These

Rights may be made available and be subject to the Regulations

mentioned below.

The Owner (or lessee) of a plot of land which is reserved for a public

purpose in the development plan excepting in the case of an existing or

retention user or any required compulsory or recreational open space,

shall be eligible for the award of Transferable Development Rights (TDRs)

in the form of Floor Space Index (FSI) to the extent and on the conditions

set out below. Such award will entitle the owner of the land to FSI in the

form of a Development Rights Certificate (DRC) which he may use himself

or transfer to any other person.

However in case of lessee who shall pay the lessor or deposit with the

Planning Authority/Development Authority or Appropriate as the case may

be, for the payment to the lessor, an amount equivalent to the value of

the lessors interest to be determined by any of the said authorities

considered on the basis of Land Acquisition Act, 1894, FSI or TDR against

the area of land surrendered free of cost and free from all encumbrances

will be available to the lessee.

Subject to the Regulation 29.1 above, where a plot or land is reserved for

any purpose specified in section 22 of Maharashtra Regional & Town

Planning Act, 1966, the owner will be eligible for Development Rights

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(DRS) to the extent stipulated in these Regulations after the said land is

surrendered free of cost and after completion of the Development or

construction as per these Regulation if he undertakes the same.

NAGARAPALIKA ACT

The 73rd and 74th Amendment to the Constitution of India is a milestone

in the process of establishing democratic decentralized administration

through local bodies and taking administration to the doorsteps of the

people to ensure economic and social justice. The State Election

Commission (Commission) is a creation of the 73rd amendment of the

Constitution of India. The Commission was created with the responsibility

to conduct election to the Panchayat at various levels. Article 243-K

provides for the powers and responsibilities of the State Election

Commission.

The State Election Commission has been vested with the power of the

superintendence, direction and control of the entire process for conduct

of elections to Three- tier Panchayat Raj Institutions and Urban Local

Bodies of the State Electoral Laws & System.

Elections are conducted according to the constitutional provisions,

supplemented by laws made by State Assembly. The major laws are

Bihar Panchayat Raj Act, 1993, Bihar Municipal Act, 1922 and The Patna

Municipal Corporation Act, 1951. The Bihar Panchayat Elections Rule,

1995 deal with the delimitation of territorial constituencies of Panchayat,

the reservation thereof, the preparation and revision of electoral rolls and

Conduct of Election to the Three- tier Panchayat Raj Institutions. The

Bihar Municipalities constitution of territorial constituencies Rules, 2001

deals with the delimitation of territorial constituencies of Nagar Parishad

and Nagar Panchayat .The Bihar Municipal Election and Election petitions

Rules, 1953 deals with the preparation and revision of electoral rolls and

Conduct of Election to Nagar Parishad and Nagar Panchayat. The Patna

183


Municipal Corporation constitution of territorial constituencies Rules,

2001 and Patna Municipal Corporation preparation of electoral rolls and

conduct of elections Rules, 1951 deals with the delimitation of territorial

constituencies of Nagar Nigam , the reservation thereof, the preparation

and revision of electoral rolls and Conduct of Election to Nagar Nigams of

the State. The Supreme Court of India has held that where the enacted

laws are silent or make insufficient provision to deal with a given

situation in the conduct of elections, the Election Commission has the

residuary powers under the Constitution to act in an appropriate manner.

The same hold good for the State Election Commissions as well since a

comparisons of Article 324 and Article 243 K of constitutions of India

would show that the State Election Commission has same powers with

regard to Panchayat/Urban Local Bodies Elections as Election

Commission of India has regarding to Parliament and State Assemblies.

SCHEMES AND PROGRAMMES OF INCOME GENERATION

BUILDING PENALIZATION SCHEMES

Government Policy: Large number of unauthorized layouts and

unauthorized buildings are cropping up in all urban areas. Government

with a view to regulate the unauthorized constructions came up with a

Penalization of unauthorized constructions and constructions in deviations

of the sanctioned plan. This was done allegedly to help bring unauthorized

constructions into planning fold and also to remove the threat or fear of

demolition. According to government, it is a one-time opportunity to get

unauthorized constructions regulated.

Stated' Objectives of the Scheme:

To penalize each and every building constructed unauthorized or in

deviation of the sanctioned plan so as to create deterrence against any

such practice.

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To bring all the unauthorized constructions into planning fold and to

regulate the development in urban areas.

To provide an opportunity to the owners of the buildings to regulate

their unauthorized constructions and deviations made to the

sanctioned plan.

To provide relief to several persons who have purchased buildings

without any knowledge about the building regulations.

BUILDING REGULATION SCHEMES

The Government of Andhra Pradesh has ordered the regularization of

unauthorized constructions made up to 30.06.98 in the areas of Municipal

Corporations, Urban Development Authorities and Municipalities in A.P as

per the Government Order Ms.No.373, M.A., dated 1-7-98 and

G.O.Ms.No.419, M.A., dated 30.07.1998. The salient points of the

Government Order for regularization of unauthorized construction are

given below:

1. The Vice-Chairman of U.D.A, can regularize the unauthorized

constructions by collecting penal amounts at the rate of Rs.10/- per

sq. ft. of violated area for individual residential buildings at Rs.15/-

for Institutional Buildings, Rs.45/- for commercial and industrial

buildings.

2. For flats, the penal amount is to be levied at flat rates for

apartments Rs.1,000/- per flat of above 30 sq. mt. area incase of

deviated construction from sanctioned plan and Rs.3,000/- for flats

with an area of 60 sq. mts. and below. In case of unauthorized flats

the penal amount is Rs.8,000/- and Rs.6,000/- per plot respectively

for unauthorized plots.

3. For regularization of huts and tiled roofs, the penal amount of

Rs.750/- will be collected for less than 100 sq.m of plotted area and

Rs.1,000/- for plots between 10% to 200 sq.m area.

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4. Huts constructed in less than 200 sq.m of area can be regularized

without payment of any penalty. For huts constructed in plots above

200 sq.m the flat rate of only Rs.750/- will be levied for

regularization.

5. The Building Regularization scheme will be processed when the

applicant files a Form-A with 20% of the penal amount. The

remaining penal amount will be paid within four months i.e., on or

before 31.12.1998 after the submission of the required documents

as prescribed in Form-B.

DEVELOPMENT CONTROL AND REGULATION CONTROL

Most people only come into contact with the planning system when

decisions have to be taken about whether something can be built in their

area.

Most new buildings or major changes to existing buildings or to the local

environment need consent - known as planning permission.Each

application for planning permission is made to the local planning authority

for the area.The application must include enough detail for the authority

to see what effect the development could have on the area.

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If the planning application is in line with the approved plan, the applicant

can usually expect to receive planning permission within eight weeks for

householders. Approval for larger, commercial developments often takes

longer.

Permitted development: Some types of minor building work - such as a

boundary wall below a certain height - do not need planning permission.

This is because the effect of these developments on neighbors or the

environment is likely to be small, and the government has issued a

general planning permission to authorize them. This is known as

permitted development.

Some areas have special protection against certain developments

because they contain attractive landscape (like national parks) or

interesting plants and wildlife, or because we need to control the spread

of towns and villages into open countryside (like the greenbelt).Some

smaller areas of land also contain ancient monuments that must not be

damaged. Some buildings are specially protected or listed because of

their architectural or historic interest.Your local planning authority can let

you know whether you need permission.If the local authority refuses

permission, the person applying can appeal to the

government.Appeals are dealt with by the Planning Inspectorate.

The legal framework for controlling development in the Region is primarily

provided by the Regional and Town Planning (R&TP) Act, 1966. In this Act

the .Development. is defined as the carrying out of buildings, engineering,

mining or other operations in, or over, or under land or the making of any

material change, in any building or land in the use of any building or land

and includes demolition of any existing building, structure or erection or

part of such building, structure or erection, reclamation, redevelopment

and layout and sub-division of any land.

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The key elements of this legal framework for controlling development are:

1. Government’s sanction to the Regional Plan or Development Plan;

2. Requirement of obtaining Development Permission; and

3. Enforcement and penal provisions against carrying out development

in contravention of Draft or Sanctioned Plans.

In order to ensure that the new development takes place in conformity

with the Draft or Sanctioned Regional Plan, R&TP Act requires that every

person who intends to carry out development in the Region obtains a

permission of the Municipal Authority in whose jurisdiction such

development is proposed. Where the land is situated outside the

jurisdiction of any Municipal area, the permission of the Collector is

required before carrying out the development.

In the Municipal areas or in the areas falling within the jurisdiction of

Special Planning Authority and New Town Development Authority, the

developments are also regulated in accordance with the provisions of

Chapter-IV of the R&TP Act. Section 43 makes it mandatory to obtain

Development Permission before carrying out any development.

No such permission is required for certain types of developments such as:

1. Internal additions and alteration of a building.

2. Works carried out in compliance with any order or direction made by

any Authority under any law.

3. Works to be carried out by the Central or State Government or any

Local Authority which are required for maintenance or improvement

of roads, drains, sewers, pipelines and such other services.

4. Excavation including wells in the ordinary course of agricultural

operation and construction of road for giving access to land for

agricultural purpose.

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The permission can be granted under Section 45 of the Act provided the

development proposed is in accordance with the provisions of the

Development Plan. Sections 52 to 56 of the Act prescribe penalty for

carrying out development which is not in conformity with the

Development Plan and provides for removal of unauthorized

developments.

LAND ACQUISITION ACT

The Land Acquisition Act of 1894 is a legal Act in India which allows

the Government of India to acquire any land in the country.

“Land Acquisition” literally means acquiring of land for some public

purpose by government/government agency, as authorized by the law,

from the individual landowner(s) after paying a government fixed

compensation in lieu of losses incurred by land owner(s) due to

surrendering of his/their land to the concerned government agency.

Purpose of Land Acquisition Act

The land acquisition act of 1894 was created with the expressed purpose

of facilitating the government’s acquisition of privately held land for public

purposes. The word "public purpose", as defined in the act, refers to the

acquisition of land for putting up educational institutions or schemes such

as housing, health or slum clearance, apart from the projects

for rural planning or formation of sites. The word "government" refers to

the central government if the purpose for acquisition is for the union and

for all other purposes it refers to the state government. It is not necessary

that all the acquisition has to be initiated by the government alone. Local

authorities, societies registered under the societies registration act, 1860

and co-operative societies established under the co-operative societies

act can also acquire the land for developmental activities through the

government.

History of Land Acquisition Act

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Regulation I of the land acquisition act was first enacted by the British

government in the year 1824. Its application was throughout the whole of

the Bengal provinces immediately subject to the Presidency of Fort

William. The rules empowered the government to acquire immovable

property at, what was deemed to be, a fair and reasonable price for

construction of roads, canals or other public purposes. In 1850 some of

the provisions of regulation I of 1824 were extended to Calcutta through

Act I of 1850, with a view to confirm the land titles in Calcutta that were

acquired for public purposes.

At that time a railway network was being developed and it was felt

that legislation was needed for acquiring land for the purposes of the

railways. Building act XXVII of 1839 and act XX of 1852 were introduced to

obviate the difficulties pertaining to the construction of public buildings in

the cities of Bombay and Madras. Act VI of 1857 was the first full

enactment, which had application to the whole of British India.

It repealed all previous enactments relating to acquisition and its object.

Subsequently act X of 1870 came in to effect which was further replaced

by land acquisition act 1894, a completely self contained act, in order to

purge some of the flaws of act X of 1870.

After independence in 1947, the Indian government adopted “Land

Acquisition Act-1894” as a tool for land acquisition. Since then various

amendments have been made to the 1894 act from time to time. Despite

these amendments the administrative procedures have remained same.

Contents of legislation

Notification

The process of acquisition begins with the issuance of preliminary

notification, as envisaged under section 4(1) of Land Acquisition Act,

1894. The notification has to be essentially published in the

official gazette and in two daily newspapers circulating in that locality of

which at least one shall be in the regional language. Further, it is also

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necessary that the notification has to be affixed in conspicuous places of

that locality.

Filing of objections

The main objective of issuing preliminary notification is to call for

objections, if any, against such acquisitions from the owners or others who

are having certain interest over the property; giving them an opportunity

to raise their claims against the move of the government for acquiring

their lands. The persons aggrieved by such notification shall file their

objections within thirty days from the date of preliminary notification.

Final declaration

After receipt of objections, the concerned authority shall consider those

objections, and if found unsatisfactory, then a final declaration rejecting

the claims will be issued. Section 6 of the amended Act provides that the

final declaration shall be issued by the authority within a period of one

year from the date of issuance of preliminary notification under section

4(1) of the Act. However, prior to the amendment, the time stipulated

under the Act for final declaration was three years from the date of

publication of the preliminary notification. The final declaration has to be

published as required under section 6(2) of the Act.

Award

Section 11 of the Act provides that after receiving the objections, the

authority will have to hold an enquiry. However, it is necessary that actual

extent of land proposed to be acquired and the value of the land has to be

assessed before starting the enquiry, as required under sections 8 and 9

of the statute. On completion of the enquiry, award will be passed to that

effect and published by the competent authority. After passing the award,

the Collector or the Deputy Commissioner shall send notice to the owners

or their representatives who were not present personally at the time of

passing of the award.

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http://en.wikipedia.org/wiki/Deputy_Commissioner_(India)

http://en.wikipedia.org/wiki/District_collector

http://en.wikipedia.org/wiki/Statute


Time limit

Once the enquiry is concluded, it is the duty of the competent authority to

pass the award within two years from the date of publication of the

declaration under section 6, as envisaged under section 11 A of the Act. If

the authority fails to adhere to the time schedule prescribed under the

Act, the entire proceedings initiated for land acquisition will lapse. After

passing of the award, the Deputy Commissioner or any other competent

authority may take possession of the land immediately, which shall

thereupon vest absolutely with the government, free from all claims,

whatsoever.

Special powers

Section 17 of the Act confers special powers with the concerned authority

wherein passing of award may be dispensed with and yet permits to take

possession of the land notified for acquisition. Further holding of enquiry

can also be waived, as envisaged under section 5 A of the Act. However,

such powers can be exercised only in case of urgency. After passing of the

award, the person whose land has been proposed to be acquired can give

his consent for such acquisition and agree to receive the compensation.

Objections can also be raised against the measurement of the land,

enhancement of compensation or apportionment of the compensation by

filing a written application before the Deputy Commissioner, as provided

under section 18 of the Act, requesting the authority to refer the matter to

the court for determination of the grounds raised in the application. An

application to that effect has to be filed by the person who was personally

present when the award was passed, within six weeks from the date of

the award passed by the Collector. In other cases, the application will

have to be made within six weeks from the date of receipt of the notice

issued under section 12(2) or within six months from the date of the

award passed by Deputy Commissioner, whichever is earlier.

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Compensation

Provision for settlement of dispute pertaining to apportionment of the

compensation amount is available under section 30 of the Act. In such a

situation, the Deputy Commissioner should refer the matter to the court.

The claimant will be entitled to the compensation which is determined on

the basis of the market value of the land determined as on the date of

preliminary notification. According to section 34, if there is delay in

payment of compensation beyond one year from the date on which

possession is taken, interest at the rate of 15 per cent per annum shall be

payable from the date of expiry of the said period of one year on the

outstanding amount of compensation till the date of payment.

The government, under section 16 of the Act is at liberty to withdraw from

acquisition of land except in cases provided under section 36. However, if

the possession of land has been taken, then the government will have no

authority to withdraw from such acquisition.

Procedure for the Land Acquisition

1. Investigation

When a local authority or a company requires a land, an application is

required to be made by it to the revenue authority.

The application should be accompanied with a copy of the plan

showing survey nos., purpose of acquisition and the reason for the

particular site to be chosen and the provision made for the cost of the

acquisition.

After the government has been fully satisfied about the purpose, the

least area needed, and other relevant facts as provided under land

acquisition rules, it will issue a notification under Section 4 of the act

that the particular land is required for public purpose.

One of the revenue officers is appointed as the collector to hold an

inquiry under Section 5-A of the Act.

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After notification the owner is prohibited from selling his property or

disposing of it and prevented from carrying out any works of

improvements for which no compensation will be paid if executed

without prior permission from the collector.

2. Objection and Confirmation

Objections are invited from all persons interested in land within thirty

days from the date of notification.

The objections will be valid on one or more of the following grounds:

I. That the purpose for which the land is proposed for acquisition is not a

public purpose.

II. That the land is not or less suitable than another piece of land for the

said purpose.

III. That the area under acquisition is excessive.

IV. That the acquisition will destroy or impair historical or artistic

monuments or will desecrate religious buildings, graveyards and the like.

The collector after hearing the objections will submit his report to the

government who will finally declare the land for acquisition under the

Section 6 of the Act.

After notification the collector proceeds with the claim. He has the site

marked out, measured and a plan of the same is made.

3. Claim and Award

The collector will issue notices under Section 9 to all persons interested

in the acquisition to file their claim reports.

The collector is not to be a party to the proceedings, is to possess an

expert knowledge on valuation, and offers a fair price to an owner and

checks that the public funds are not wasted.

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The claim filed should contain the names of the claimants and co-

shares if any rents or profits for last three years and a valuation report

of the land from an architect or an engineer.

The government can abandon the acquisition proceedings by simply

canceling the notification. However, in that case compensation has to

be paid under Section 48(2).

In determining the compensation the market value of the land is

determined at the date of notification. The rise and fall in the value

during the period of transaction and notification is taken into

consideration.

Compensation is also payable when:

I. Part of the property is proposed for acquisition in such a manner that

the remainder depreciates in value.

II. When the land notified for acquisition has standing crops or trees.

III. If the person interested has to change his place of residence or

business then the excess rent payable for the new premises is also

considered for compensation.

Matters which are not taken into consideration for the purpose of land

acquisition are:

I. The degree of urgency which has led to the acquisition.

II. Any disinclination of the person interested to part with the land.

III. Any increase in the land value likely to accrue from the use to which

it will be put when acquired.

After necessary inquiries the collector declares his award showing true

area of the land, total amount of compensation payable and

apportionment of compensation if there are more than one owners or

claimants.

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The collector has to make the award under section 11 within a period

of two years from the date of notification.

4. Reference to Court

Any person interested to whom the award is not satisfactory can

submit a written application to the court.

This application should be made within six weeks from the date of

declaration of the award.

5. Apportionment

In apparent of the compensation each of the claimants are entitled to

the value of his interest, which he has lost, by compulsory acquisition.

Thus it is required to value a variety of interest, rights and claims in the

land in terms of money.

Authorities and agencies involved

Union Government

State Government

Public authorities/agencies like DDA, NOIDA, CIDCO

Companies like Reliance, Tata (for SEZs)

The procedure involved for acquisition of land for companies are dealt

with under chapter VII of the act, which requires an agreement to be

entered into by the company with the appropriate government and the

same has to be published in the official gazette. The government cannot

initiate acquisition proceedings without issuing proper notice to the

owners in any of the prescribed mode of service provided under the act

and provide them sufficient opportunity. If any of the provisions envisaged

in the act is violated or mandatory procedures are not followed, then the

entire acquisition proceedings would become void.

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Criticism

The Land Acquisition act has been criticized by groups that view the act as

weak and ineffective, and by groups that view the act as draconian.

People who feel that act is weak argue that the procedure followed is

cumbersome and costly, often resulting in inordinate delay in land

acquisition. This group argues that, the determination of public purpose

should be matter of executive discretion and should not be contestable at

law. It has also been argued that the property valuation techniques are

flawed and that the land owners get to peg the value higher than the real

value, based on ‘potential value’ and ‘opportunity value’ of their property;

resulting in, what is claimed as, a heavy strain on public finances and

restrictions on the scale of development and redevelopment projects.

There is also opposition to the additional payment of solarium to the land

owners, over and above the property value.

People who argue that the act is draconian claim that a number of

projects which have no public purpose attached, as in the case of SEZs,

usurped land from property owners, with the help of the land acquisition

act, at what is claimed as, well below the market value of these

properties. It is argued that, even in the case of projects that are

genuinely for public purposes, there is a considerable difference between

the market value of the property and the value that the land acquisition

officer pays the land owners. It is also argued that the relocation and

rehabilitation of land owners displaced by the actions of the act, is not

followed up adequately, and that this is not covered comprehensively in

the framework of the act. A notable instance of opposition to land

acquisition, through the land acquisition act, includes the violence

incident.

SPECIAL ECONOMIC ZONES

India was one of the first in Asia to recognize the effectiveness of the

Export Processing Zone (EPZ) model in promoting exports, with Asia's

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first EPZ set up in Kandla in 1965. With a view to overcome the

shortcomings experienced on account of the multiplicity of controls and

clearances; absence of world-class infrastructure, and an unstable fiscal

regime and with a view to attract larger foreign investments in India, the

Special Economic Zones (SEZs) Policy was announced in April 2000.

This policy intended to make SEZs an engine for economic growth

supported by quality infrastructure complemented by an attractive fiscal

package, both at the Centre and the State level, with the minimum

possible regulations. SEZs in India functioned from 1.11.2000 to

09.02.2006 under the provisions of the Foreign Trade Policy and fiscal

incentives were made effective through the provisions of relevant

statutes.

To instill confidence in investors and signal the Government's

commitment to a stable SEZ policy regime and with a view to impart

stability to the SEZ regime thereby generating greater economic activity

and employment through the establishment of SEZs, a comprehensive

draft SEZ Bill prepared after extensive discussions with the stakeholders.

A number of meetings were held in various parts of the country both by

the Minister for Commerce and Industry as well as senior officials for this

purpose. The Special Economic Zones Act, 2005, was passed by

Parliament in May, 2005 which received Presidential assent on the 23rd of

June, 2005. The draft SEZ Rules were widely discussed and put on the

website of the Department of Commerce offering suggestions/comments.

Around 800 suggestions were received on the draft rules. After extensive

consultations, the SEZ Act, 2005, supported by SEZ Rules, came into

effect on 10th February, 2006, providing for drastic simplification of

procedures and for single window clearance on matters relating to central

as well as state governments. The main objectives of the SEZ Act are:

1. Generation of additional economic activity.

2. Promotion of exports of goods and services;

3. Promotion of investment from domestic and foreign

sources;

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4. Creation of employment opportunities;

5. Development of infrastructure facilities;

It is expected that this will trigger a large flow of foreign and domestic

investment in SEZs, in infrastructure and productive capacity, leading to

generation of additional economic activity and creation of employment

opportunities.

The SEZ Act 2005 envisages key role for the State Governments in Export

Promotion and creation of related infrastructure. A Single Window SEZ

approval mechanism has been provided through a 19 member inter-

ministerial SEZ Board of Approval (BoA). The applications duly

recommended by the respective State Governments/UT Administration

are considered by this BoA periodically. All decisions of the Board of

approvals are with consensus.

The SEZ Rules provide for different minimum land requirement for

different class of SEZs. Every SEZ is divided into a processing area where

alone the SEZ units would come up and the non-processing area where

the supporting infrastructure is to be created.

The SEZ Rules provide for:

Simplified procedures for development, operation, and

maintenance of the Special Economic Zones and for setting up

units and conducting business in SEZs;

Single window clearance for setting up of an SEZ;

Single window clearance for setting up a unit in a Special Economic

Zone;

Single Window clearance on matters relating to Central as well as

State Governments;

Simplified compliance procedures and documentation with an

emphasis on self certification.

The functioning of the SEZs is governed by a three tier administrative set

up. The Board of Approval is the apex body and is headed by the

Secretary, Department of Commerce. The Approval Committee at the

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Zone level deals with approval of units in the SEZs and other related

issues. Each Zone is headed by a Development Commissioner, who is ex-

officio chairperson of the Approval Committee.

Once an SEZ has been approved by the Board of Approval and Central

Government has notified the area of the SEZ, units are allowed to be set

up in the SEZ. All the proposals for setting up of units in the SEZ are

approved at the Zone level by the Approval Committee consisting of

Development Commissioner, Customs Authorities and representatives of

State Government. All post approval clearances including grant of

importer-exporter code number, change in the name of the company or

implementing agency; broad banding diversification, etc. are given at the

Zone level by the Development Commissioner. The performances of the

SEZ units are periodically monitored by the Approval Committee and

units are liable for penal action under the provision of Foreign Trade

(Development and Regulation) Act, in case of violation of the conditions

of the approval.

The incentives and facilities offered to the units in SEZs for attracting

investments into the SEZs, including foreign investment include:-

Duty free import/domestic procurement of goods for development,

operation and maintenance of SEZ units

100% Income Tax exemption on export income for SEZ units under

Section 10AA of the Income Tax Act for first 5 years, 50% for next 5

years thereafter and 50% of the ploughed back export profit for

next 5 years.

Exemption from minimum alternate tax under section 115JB of the

Income Tax Act.

External commercial borrowing by SEZ units up to US $ 500 million

in a year without any maturity restriction through recognized

banking channels.

Exemption from Central Sales Tax.

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Exemption from Service Tax.

Single window clearance for Central and State level approvals.

Exemption from State sales tax and other levies as extended by the

respective State Governments.

The major incentives and facilities available to SEZ

developers include:-

Exemption from customs/excise duties for development of SEZs for

authorized operations approved by the BOA.

Income Tax exemption on income derived from the business of

development of the SEZ in a block of 10 years in 15 years under

Section 80-IAB of the Income Tax Act.

Exemption from minimum alternate tax under Section 115 JB of the

Income Tax Act.

Exemption from dividend distribution tax under Section 115O of the

Income Tax Act.

Exemption from Central Sales Tax (CST).

Exemption from Service Tax (Section 7, 26 and Second Schedule of

the SEZ Act).

SEZ Approval Status

Consequent upon the SEZ Rules coming into effect w.e.f. 10th February,

2006, Twenty-eight meetings of the Board of Approvals have since been

held. During these meetings, formal approval has been granted to 531

SEZ proposals. There are 143 valid in-principle approvals. Out of the 531

formal approvals, 260 SEZs have been notified.

Land requirements for approved Special Economic Zones:

The total land requirement for the formal approvals granted till date is

approximately 67680 hectares out of which about 109 approvals are for

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State Industrial Development Corporations/State Government Ventures

which account for over 20853 hectares. In these cases, the land already

available with the State Governments or SIDCs or with private companies

has been utilized for setting up SEZ. The land for the 270 notified SEZs

where operations have since commenced involved is approximately over

31405 hectares only.

Out of the total land area of 2973190 sq km in India, total agricultural

land is of the order of 1620388 sq km (54.5%). It is interesting to note

that out of this total land area, the land in possession of the 270 SEZs

notified amounts to approximately over 314 sq km only. The formal

approvals granted also works out to only around 676 sq km.

SEZs- leading to the growth of labor intensive manufacturing

industry

Out of the 531 formal approvals given till date, 174 approvals are for

sector specific and multi product SEZs for manufacture of Textiles &

Apparels, Leather Footwear, Automobile components, Engineering etc.

Which would involve labor intensive manufacturing? SEZs are going to

lead to creation of employment for large number of unemployed rural

youth. Nokia and Flextronics electronics hardware SEZs in Sriperumbudur

are already providing employment to 14577 and 1058 persons.

Hyderabad Gems SEZ for Jewellery manufacturing in Hyderabad has

already employed 2145 persons. Majority of who are from landless

families, after providing training to them. They have a projected direct

employment for about 2267 persons. Apache SEZ being set up in Andhra

Pradesh will employ 20, 000 persons to manufacture 10, 00,000 pairs of

shoes every month. Current employment in Apache SEZ is 5536 persons.

Brandix Apparels, a Sri Lankan FDI project would provide employment to

60,000 workers over a period of 3 years. Even in the services sector, 12.5

million sq meters space is expected in the IT/ITES SEZs which as per the

NASSCOM standards translates into 12.5 lakh jobs. It is, therefore,

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expected that establishment of SEZs would lead to fast growth of labor

intensive manufacturing and services in the country.

PROCESSING………..

1. AIM, OBJECTIVES, METHODOLOGY, SCOPE &

LIMITATIONS

2. RECOMMENDATIONS/ PROPOSALS.

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