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    JNNURM Rapid Training Programme Governance & ReformsIV. BUILDING AND LAND RELATED REFORMS

    Page #Foreword 2

    1. Building Byelaws Introduction 3

    2. Building Byelaws Need for Revision 5

    3. Revision of Building Byelaws to Streamline the Approval

    Process (O2)

    6

    4. Revision of Building Byelaws to make Rainwater Harvestingmandatory in all new buildings (O3)

    18

    5. Simplification of Legal and Procedural Frameworks forConversion of Agricultural Land for Non-Agricultural Purposes(O5)

    27

    6. Byelaws on Reuse of Recycled Water (O7) 30

    Centre for Good Governance Administrative Staff College of India1

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    Foreword

    With urbanization and growth of cities, there is need and urgency for better governance. Urban

    governance is no more limited to provision of infrastructure and operation of civic services.

    Conventional methods of governance with top-down approaches are considered inadequate,inappropriate and restrictive. Good urban governance is characterized by sustainability, equity and

    efficiency, transparency and accountability, civic engagement, security development of partnerships,

    etc. Livability, competitiveness and bankability are the other features of a modern city. There is a

    need for prudent and efficient financial and asset management to increase their capacity to facilitate

    market borrowing for investment in city development. Keeping these emerging challenges of 21st

    century, the Government of India launched Jawaharlal Nehru National Urban Renewal Mission with

    three interrelated and complimentary components governance, infrastructure development and

    provision of basic services to poor. Implementation of governance reforms like enactment of

    community participation and public disclosure laws, earmarking of funds for poverty alleviation by

    local bodies, levy and collection of user charges, simplification of procedures, etc., in identified areas

    is a precondition for accessing funds under JnNURM. The Mission was launched in 2005 and has a

    timeframe of seven years.

    The Ministry of Urban Development, GoI has initiated a Capacity Building Program to all municipal

    functionaries mayors, chairpersons, councilors, commissioners and executive officers, engineers,

    town planners, project officers, etc., who are responsible to implement the project to bring an

    awareness on the need, significance and urgency of implementation of reforms to improve civic

    management as well as the quality of life of the civic communities. The objectives of the programme

    include:

    Awareness building and understanding on the context, mission, objectives and

    significance of reforms and expected impact on the city;

    To develop political will and administrative commitment;

    Explain their roles and responsibilities in initiation and implementation of reforms andprojects relating to infrastructure and basic services to the poor;

    To develop ownership and positive attitude towards the programme; and

    To create an enabling environment & managerial capabilities to accelerate and manage

    change.

    The capacity building programmes are organized jointly by the Administrative Staff College of India

    and Center for Good Governance with the support of Ministry of Urban Development, Government of

    India. The training material, developed and prepared by CGG and ASCI, is presented in six volumes

    each of them dealing with a set of reforms. This volume covers the four important reforms:

    Revision of Building Byelaws to Streamline the Approval Process (O 2)

    Revision of Building Byelaws to make Rainwater Harvesting Mandatory in allBuildings to come up in Future and for Adoption of Water Conservation Measures

    (O 3)

    Simplification of Legal and Procedural Frameworks for Conversion of Agricultural

    Land for Non-Agricultural Purposes (O 5)

    Byelaws on Reuse of Recycled Water (O 7)

    We hope the material presented in six volumes will help the municipal functionaries in understanding

    the context of reforms and taking them forward with a view to ensure their impact on the city and the

    community with in the Mission period. It is also hoped that implementation of these reforms make the

    cities participative, financially vibrant, transparent and accountable, sustainable and livable. Every

    effort has been made to ensure that the material and data presented is correct and authentic. We take

    the responsibility for mistakes that may have crept in inadvertently.

    Centre for Good Governance Administrative Staff College of India

    Centre for Good Governance Administrative Staff College of India2

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    IV. BUILDING AND LAND RELATED REFORMS

    Source: DTCP, GoAP (1972)

    1. Building Bye Laws Introduction

    1.1 Building bye laws are the regulations that are generally made by local governments or themunicipal departments of State governments, with the intention of controlling urban development inharmony with that envisaged in the Master Plan and for ensuring structural safety, public health andhygiene. They primarily provide guiding principles on which buildings have to be planned and built,which can be used by a citizen/developer intending to erect a building on a piece of urban land (seeTable 1). Besides, they also list out the procedures to be followed for making application, supportdocuments and drawings to be attached, undertakings to be given, certification process andinspection/ monitoring mechanism. They are often complemented by the Master/ Development Planof the city, which provide zoning rules, land uses allowed and the nature and intensity of developmentenvisaged.

    Table 1Aspects and parameters of Building byelaws

    Aspect ParametersZoning, land use and sub-division rules

    Occupancy/use, plotting, road space, open space andamenities

    Site and building planning Set backs, parking area, development density(FSI/FAR), building plan, minimum plot area andbuilding height

    Structural design andprovisions

    Loading capacity, Design of Exits, Design of CommonFacilities e.g., water supply tanks, and otherEngineering specifications

    Building safety, services andamenities Fire safety provisions in building, Fire control systems,Plumbing services, HVAC, Garage, Courtyard etc.Other Planning controls forspecial areas e.g., Heritagestructures/areas

    Allowable activity/use, Permissible development/redevelopment, Building maintenance provisions

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    Rationale of building bye-laws1.2 The main rationale of building bye laws isto exercise control over city development forensuring planned development, for conservingarchitecture, for ensuring safety and for protecting

    public health. Unplanned and reckless urbangrowth driven by population growth, immigrationand concentration of economic activities togetherwith the greed of urban land/house owners tomaximize the returns has resulted in chaoticconditions in urban areas (as depicted in thecartoon picture). The way found out by the cityplanners and administrators for ensuring urbandevelopment in harmony with the welfare needs ofpeople was to come out with regulatingdevelopment and allow planned urbandevelopment. These are officially pronouncedunder the building bye laws.

    Historical origins of building bye-laws1.3 Building controls and architecturalplanning of cities is not new to India; even the most ancient townships of Indus civilization had theseelements. The origins of modern building bye laws can be found in the 16

    thCentury British local

    authority laws that defined civic life and services in cities. They laid down the principles for spatialorganisation and for the design of human settlements, from the point of view of protecting publichealth (preventing the spread of disease and fire). Later, the scope was expanded to exercisingarchitectural control over the nature and pattern of development as well as structural safety(particularly against fire and natural hazards).

    Source:DTCP, GoAP (1972)

    1.4 Indian municipal legislation drew the spirit and content from the erstwhile British municipallegislation that gave powers to local authority to formulate bye laws and to exercise control over their

    adherence. In the process, municipal/ local government institutions were established and empoweredto make these bye laws specific to the context of local preferences and development needs. Britishrulers framed municipal bye laws for all major cities in India that are still followed by them withmodifications made from time to time. Table 2 shows the broad requirements to be met.

    Table 2Requirements under Building bye laws

    Building Requirements Structural Design and other requirements- Site requirements and building plan- Development control regulations- Land/property use wise norms- Other norms like parking- Separate provisions for Special purposes

    viz., heritage areas

    - Design of Structure, sub-structure andsuper-structure

    - Fire safety and building services- Plumbing and telecom services- Provision for other aspects e.g.,

    Earthquake and other disasterresistance, Solar and other energyaccessories, Ramp for disabled and RainWater Harvesting

    Formulation of Building bye laws1.5 The powers to formulate building bye laws lie in the municipal legislations/ acts of localgovernment or development authority within its jurisdiction or the municipal acts of State Government.Formulation of building byelaws is generally facilitated by the provisions made under commonmunicipal law/ act for the State, which also covers those urban areas that do not have separatebuilding bye laws. Central Government plays more of a guiding role by preparing model municipal

    acts, building codes and the revisions to be made with changing needs of hour.

    1.6 Most of the Acts draw upon the provisions laid down under National Building Code (NBC),particularly with regard to building and structural requirements. The Master Plans/ Development

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    Plans of the cities provide for spatial planning, zoning, development and sub-division regulations,which are to some extent based on the Urban Development Plans Formulation & Implementation(UDPFI) guidelines prepared by the Ministry of Urban Development, Government of India. ModelBuilding bye laws prepared by Town and Country Planning Organisation (TCPO), Government ofIndia in 2004 harmonise the various provisions and serve as source to be followed by the States and

    Urban Local Bodies in India.

    2. Building Bye Laws Need for Revision

    2.1 Although modern building bye laws were framed to ensure greater compliance with thebuilding, planning/zoning and structural requirements, there are several pitfalls associated with theirdesign, practice and implementation at local level. This, in turn, has led to the creation of a veryinefficient system, measured in terms of both the number of houses/buildings released as well as thedelays, hurdles, corruption and uncertainty. Some of the flaws in such system are discussedhereunder.

    Excessive Control and Rigid Specifications2.2 The building bye laws envisaged compliance with the building, planning/zoning and structuralrequirements through too many procedures, excessive bureaucratization and too much resourceconsumption. Excessive control can stifle the release of housing and, thus, the economicdevelopment in cities; also, it leads to delays and uncertainty.

    2.3 Some of the stipulations under Building bye laws are quite complex to understand even for anexperienced technical person or architect. With the lack of clarity, some of them get duped intomaking plans/ designs without the knowledge of violations they would be making in the process ofpreparing the same.

    Ambiguity and Discretion2.4 Some areas of building bye laws provide scope for ambiguity, which is addressed only incourts. There is also some jurisdictional ambiguity arising due to multiple compliances of various

    requirements under different authorities e.g., UDAs and MCs. Several issues and concerns arise atthe implementation stage as well.

    2.5 The ambiguity brings in lot of discretion power vested to the authority/ officer, who can gameplay with the citizens by rejecting application without proper reason and can delay the applicationprocessing to cause frustration. This paves way for collusion and corruption. Discretion can play agreater role in non-technical specifications.

    Complexity and Coordination hurdles2.6 The application process (explained in next section) is sometimes ridden with complexity interms of the details to be given and the procedure of submission. Compliances from multipleAuthorities e.g., for development control and building regulation, and multiple jurisdictions of agenciesmake the owner confused.

    2.7 Co-ordination with other authorities remains to be very poor and, therefore, the decisionsremain pending, leading to loss of time. In some cases, the applicant is asked to bring NOC (noobjection certificate) from various agencies, which may not be relevant for that building and whichtakes too much effort that is of not much use.

    Lack of Transparency and Corruption2.8 Most of the sanction and certification processes in building permission lack transparency andare ridden with corruption at various levels. The scrutiny process is vertically above; it takes anyamount of time in spite of the general norms for clearance within stipulated time limits.

    2.9 The decision making process of sanction/rejection is not transparent and it can be arbitrary.The deficiencies in the system give enough room for the foul play by fraudulent persons operating

    within the system, harassing citizens/builders for payments. Deficiencies in inspection andcertification of building completion (compulsory signing by concerned official) also promote corruptionand/or collusion.

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    Rapidly changing technology2.10 Technological changes are rapid in this world, which make some of the provisions e.g.,fire/telecom/transport, become redundant and obsolescent over time. There are several otherpractical considerations that arise in practice, which make it difficult to go according to the provisionsof building bye laws. At the same time, the concerns of fire safety, natural hazards, heritage and

    urban design are not properly reflected in the bye laws until it is too late or a great mishap opens theeyes of the local Authority.

    Reforming Building Bye Laws under JnNURM2.11 The revision of building bye laws has long been felt as a necessary reform in order to improvethe functioning of cities and to make them prepared for the emerging patterns and trends ofurbanization. Urban population has been rising steadily and it is expected to rise to 40% of totalpopulation in 2021 from the current (2001) level of 28%. To match the growth of urban population,human settlements and support infrastructure needs to grow, which is not possible if theimplementation of building bye laws takes place at slow pace, affecting the quantity and quality ofhousing.

    2.12 An important aspect of infrastructure development in cities is having appropriate building bye

    laws in place which ensure protection of planning and engineering parameters without too muchregulation, control and discretion. Revision of building bye laws to streamline the approval process forconstruction of buildings and development of sites is made as an optional reform measure to beundertaken under JnNURM so that the building approval process would pave the way for fasterdevelopment of urban infrastructure without any hassles to needy citizens.

    3. Revision of Building Bye-Laws to Streamline the Approval Process (O2)

    3.1 Reforming the building bye laws to simplify/streamline approval process is an importantreform that needs to be undertaken in a systematic manner in various steps, as outlined in thissection. The objective of the reform is to develop harmonious and planned urban development.

    Establishing such a process under which the reform can be undertaken is guided by the municipallegislative framework. Reforming the building permission process and incorporating changes invarious procedures can be done by the local Authority or Municipal Department of State Governmentwithin the existing procedures that allow such changes. Figure 1 outlines the reform process. Somemajor phases of it include:(i.) Understanding the Current Situation (AS-IS)(ii.) Mapping the whole process(iii.) Establishing the Desired Situation (TO-BE)(iv.) Finalising the Action Plan

    Step 1: Study the Existing Legislative and Institutional Framework3.2 Before stepping into any reform, a critical study of existing legislative and institutionalframework needs to be undertaken. This will help the local Authority to identify the legislative

    shortcomings or hurdles coming on the way of implementing bye laws in right spirit. For example, ifthe legislation has not dealt with drainage aspects of buildings or with the regulation/conservation ofbuildings in heritage areas, it is difficult to ensure them made available on ground.

    3.3 The institutional framework analysis will help in understanding whether there are someinstitutional inadequacies, shortcomings/ failures, over laps and lack of co-ordination that arepreventing the implementation as envisaged. For example, two different agencies concerned withurban development in a city specifying two different norms/ guidelines render a lot of confusion andbecome source for non-uniform development. Identifying the legislative and institutional frameworkalso helps in understanding why some of the processes are not delivering as envisaged.

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    Figure 1Reform Process Flow Diagram

    Study Current Legislative and

    Institutional Framework

    Study Current Procedures

    and Analyze shortcomings

    Map the whole process in

    terms of activity, time, work

    flows, links and discretion

    Study alternative models and

    identify the reform options

    Undertake Stakeholder

    Consultations and review

    Finalise the appropriate

    reform option

    Draft, revise and finalize new

    methods, procedures and systems

    -

    I

    -

    Step 1

    Step 2

    Step 3

    Step 4

    Step 5

    Step 6

    Step 7

    Step 2: Study Current Procedures and Analyze shortcomings3.4 The procedures followed by local Governments, starting from receiving the application togiving the completion certificate, may be ridden with a lack of clarity or structure, complexity of designand operation, inefficiency and uncertainty and time/resource consumption. Therefore, it is importantto study the procedures that are leading to inefficient outcomes and that are giving scope for eitherapathy of citizens or exploitation/ corruption. Identification of such critical procedures will help inidentifying the stumbling blocks to efficient delivery and to further diagnose the hindering elements ofimplementation of building bye laws. For example, if the application procedure is complex in terms of

    form design and documents to be enclosed and is centralized at head quarters, it can be a majorsource of citizen apathy with the requirement to use the services of broker or third person.

    3.4 With regard to Building Bye Laws the regulation parameters such as area of the plot, roadwidth, height of the building, use of the building etc, which will be considered while considering thebuilding permission, shall be listed and studied in detail. The history of the revision of bye laws i.e.,when was it revised?, what were the factors considered?, shall be studied with specific reference toimpact of modification. In addition to the above the usage of information systems and upkeep ofrecords shall also be studied. In order to assess the existing situation, it is necessary to analyse theexisting system and the status of workflow, but this might overlap or form part of the process mapping,discussed in the next step.

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    Step 3: Map the whole process of implementing building bye laws3.5 The first two steps would provide the Current Situation with reference to the implementation ofbuilding bye laws as they help the local Authority to understand the institutional and proceduralframework within which they operate. They serve the purpose of diagnosis to a limited extent. Forthe purpose of detailed diagnosis, mapping of the implementation process needs to be undertaken,

    particularly in those critical processes that play a very important role. Process mapping is done interms of the activity involved, time taken and work flows in each step and the links between variouselements/sub-processes. It helps to identify the processes of over or under concentration(inefficient/sub-optimal), critical and time consuming processes, the processes wherein discretion,interpretation and corruption tend to play a role. While the whole process mapping can be timeconsuming and long exercise, process mapping of some critical processes e.g., building permissionprocess, helps in moving towards identifying the reform areas. Figure 2 show one such process map.

    Figure 2Broad Process Map of Building Permission

    Review of the building plan

    proposal/notice- Engineering

    - Building

    - Development Control

    - Zoning Plan

    - Fire Officer

    - Heritage/Urban Design

    Review by the staff of

    Comments, corrections

    and suggestions

    Field Inspection and

    compliance verification

    6

    Field Inspection and

    compliance verification

    Issue of Occupation Certificate8

    7

    Issue of Commencement Certificate

    Decisi

    on

    Decisi

    on

    Large proposal

    No

    Yes

    No

    YesApproval of buildingpermit

    Application for

    resubmission of plan

    after revision

    Submission of notice/proposal of building together with plan

    and documents b owner/architect/en ineer

    5

    4

    3

    2

    Small proposal

    Initial Scrutiny and Broad Screening of the

    proposal and plan by Staff

    1

    Step 4: Study alternative models and identify the reform options3.6 Process mapping is an excellent diagnostic tool that identifies the critical processes but thereform measures need to be identified and finalised to take a step further towards an improved statedefined as Desired Situation. A most obvious measure is to cut down the procedures that are eithercumbersome or inefficient or promote discretion/ corruption. There are several ways and means ofrevising building bye laws and simplifying/streamlining the processes, although the reform process

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    may be somewhat similar (see Box 4). These alternatives have to be carefully studied for theireffectiveness and suitability/adaptability to the local Authority.

    Box 4: Some options for revising building bye laws

    Consolidation and Simplification of Current Bye-LawsThis involves bringing together the provisions under the legislations/acts of more than one authoritye.g., local Authority, urban development authority and State level authority, or some times by theauthorities with multiple jurisdictions e.g., local Authority and special authorities like Air port authority,River/lake water authority etc. Consolidated and simplified bye laws can pool the provisions andmake it clear which of them would be binding, and also simplify the provisions in the process.However, it would require some changes to existing legislation/act.Bifurcation of bye-laws to Site and Area level planning controlThere is some times confusion created by spatial norms and development norms at site level andarea level. This can be avoided by a clear cut definition of the responsibility to local Authority in thecase of site level norms (or building norms) and to Development/Planning Authority in the case ofarea level norms (or zoning and planning norms). This will avoid confusion associated with twodifferent provisions.Automation of Building Permission ProcessThis is one of the most important reform options, under which the current process is studied andsteps/procedures are either cut down or eliminated while moving towards a simplified process. Thecurrent usage of technology and computers in the process of building approval needs to be analysedfirst, which will help to assess the potential for adoption of Information Technology (IT). Automation ofpermission process can be done by developing simple Management Information Systems (MIS) withproper infrastructure, database, manpower, hardware and software required. Implementing newsystem may require some changes to existing legislation, if required.Online Building Permission ProcessMIS involves use of computers and manpower optimally within a developed system. Wherever thereis scope for adopting new technology, the feasibility of online building permission process shall beexplored. Online permission process can be built by development of websites that allow most of themanual operations e.g., application submission, status enquiry, decision on application,communication to applicant etc, go online. Online building permission is a major step towards makingthe process very simple and cutting down the time to a great extent. Further, it can also be useful formonitoring the implementation as well as for storing the applications in archival form of recordsamenable to search operations.Third Party services in Compliance, Verification and CertificationThird party services in the inspection of plans, design and site as well as compliance with theprovisions under building bye laws can take away the load of the municipal authority and reduce theprocess time. However, necessary measures have to be incorporated to avoid mis-use, ensureaccountability and get correct outputs.Single Window SchemesFor some specific areas/zones or for some specific categories of building permission, Single WindowSchemes (SWS) can be implemented so that the internal processes are reduced to one step andclearance is given fast subject to details given are authentic and verifiable. This is very attractiveoption to the sanction of building permissions in green field sites and to simple plotted developments.Improving public informationSome of the major means of improving public information in Building Bye Laws and Approval Processare as follows:

    Reviewing the Citizens Charter

    Explaining the application process (information on fee rates, lists of licensed architects etc)

    Consulting neighbours

    Providing information on the status of planning applications

    Providing prompt notification of application approvals

    Publicity leaflets and campaigns on key issues

    Providing complete information on official website and making the urban groups aware of therequirements.

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    Step 5: Undertake Stakeholder consultation and review3.7 Examining the reform options will tell what each of them are and how applicable/ suitable tothe revision of building bye laws with a view to simplify/ streamline the processes. The selection ofoption has to be such that it gels with the whole implementation process and also the operationalenvironment of various institutions. Also, it has to be in line with the expectations of stakeholder

    groups citizens, citizen associations and experts. Therefore, consultation may be held with thesegroups explaining the As-Is situation and the outcomes of process mapping first and then discussingthe reform options. Table 3 gives the various forms of consultation. The consultation process shouldyield suggestions with regard to the nature/kind of reform areas that may be used in the currentproblem and could serve as a feedback that can be used in evaluating the various options andreviewing them, if required.

    Table 3Forms of consultation and procedures

    Consultation Procedures associatedNotificationinviting

    objections andsuggestions

    A formal notification can be given in print media (in both local languageand English newspapers)

    Notification to detail out the current situation, the need for reform andreform options.

    Objections or suggestions shall be called for Thoroughly scrutiny of them for the merit Other protocols of public sector/government to be followed.

    Meeting fordiscussingwithstakeholdergroups

    A formal meeting can be called for at an important venue of the city e.g.,Town hall

    A presentation of the current situation, the need for reform and reformoptions

    Discussion with key stakeholder representatives on open platform General open floor discussion with other Stakeholder group

    representatives.Stakeholdergroupmeetings

    Stakeholder group wise meetings with presentation of current situation,the need for reform and reform options

    Strengths, Weaknesses, Opportunities and Threats (SWOT) analysis Feedback/suggestions in an interactive environment.

    Step 6: Finalize the appropriate reform option3.8 This is the last step that leads to selecting the appropriate reform option after evaluatingalternative models and discussing them with stakeholder groups. This can be best achieved when thewhole steps are steered by a very senior person in the local Authority providing leadership anddirection and is supported by both internal staff and external consultants. Finalisation of theappropriate reform option leads to completion of Desired Situation and the search for reformmeasure almost ends here. This desired situation gives an idea of which reform measure to adopt.

    Step 7: Draft, revise and finalize new methods, procedures and systems3.9 The reform option identified has to be framed under legal and institutional systems, for whichthe amendments have to be drafted, revised in consultation with legal experts and implementationprocedures to be laid down with the help of practitioners. The changes are normally published in theprint media as well as the official records like gazette or municipal act so that it can be readilyavailable for public reference. If required, alternative systems need to be deployed and staff trainedfor this purpose so that the changes are well understood and implemented to their spirit.

    Simplification/Streamlining of Building Permission process3.10 Obtaining building permission is a key requirement to proceed with commencement ofbuilding construction. There are several steps followed in getting issued the permit with file moving upand down several times, taking long time. Therefore, streamlining and simplification of the permissionprocess shall be planned in various stages and by various means, which shall be finalised after doing

    a careful analysis of current processes. The following present some of the means of suchsimplification/ streamlining, which can be adopted in the building permission process.

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    Simplification of application process3.11 Application process is the starting and important stage of building permission process, whichitself can be simplified by improving the public information. Improved public information simplifies anddemystifies planning process; it includes following areas:

    Details of where application is available and how to obtain it

    An explanation of how a planning application is processed

    Information on the levels of fee rates and how they are calculated

    tails

    .12 All of them can be provided on a notice board, in a pamphlet, or clearly shown in theapplication itself. An attempt mad 5.

    Lists of approved licensed architects with their contact de

    List of all enclosures to be attached with the application

    Specification of time taken for the process (or, a Citizens Charter)

    Suggestion of which major rules apply for various types of buildings

    3e in Bangalore is described in Box

    Box 5: Easy Plan in Bangalore

    Bangalore Mahanagara Palike (BMP) introduced a special scheme of Easy Plan (Sulabh Nakshe) forstreamlining the sanction of building plans. It is applicable only for single unit residential buildingscomprising of ground floor/ground and first floor (including basement). It is an endeavour to make iteasy for citizens to get the building plan of their residential houses sanctioned quickly and withouthassles. The citizen/owner can contact the appropriate Engineering sub-division office of theward/area, wherein the property falls, for taking advantage of the scheme.

    asier to follow as well as perform as required/envisaged. The following Table 4 illustrates theesponsibilities / functions associated with each nvolved in the building plan approval process.

    Responsibilities/functions o proval processA1 Applicant

    echnical verification and certification

    Specification of functions of persons in building permission process

    3.13 Specification of functions will provide a lot of clarity with regard to the process and makes iter person i

    Table 4f officials involved in the building plan ap Obtain an application form from ULB Fill up the basic details r (MRO)s clearanceSecure Mandal Revenue Office veyor for tApproach licensed sur Enclose proposed plan and ownership documents Enclose appropriate fee as DD Submit at the counter t number and receipt for DDCollect acknowledgmen Receive application form fro Check technical details for compl ceCheck MRO clearan Complete par ii of the form Endorse and return to applicant Receive application Check enclosures, Demand Draft (DD) amount and de wIf application is correct in all respects, generate ackno ceiptGive acknowledgment and DD re Return incomplete/ incorrect application applicSend daily summary report of all

    (TPBO) Verify details in application form nd MRO clearanceCheck for survey a Visit site for physical verification Forward to TPO with his recommendation for approval or rejection Scrutinise details Enter decision on provisional approval or rejection in system ections for grant of final apSet out dates for subsequent insp Undertake surprise checks plicant of reasonsIn rejected cases, inform ap Enter the decisions in the system Generate weekly summary for commis Receives the file from TP

    A2 Licensed Surveyor m citizeniance to standards

    A3/ D1 Counter Clerktailsledgment number

    with reasonsations to TPO

    R1 Town Planning Block Officer

    A5/ A6 Town Planning Officer (TPO)

    proval

    for rejections

    sionerD2 Commissioner O

    Checks details with reference to TPOVisits sites, if necessary

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    Simplifying the approval process3.14 Three options may be considered for simplifying approval processes:

    ll plotsi.) Delegating decision making to licensed architects and planners

    uildings of G+1 or less, if they conform with the landse and have a minimum setback (in HUDA it is a front setback of 3 metres, a rear setback of 1.5

    ax assessment. To

    nsure the building owner submits a completion plan, it should be linked to issuance of a completion

    s allowing them to focus more on priority issues.here is a need for good management of licensed technical personnel, so that they work efficiently

    g permission (height, use, set back, coverage, access and parking), and the licensed

    access.i) At completion stage, he/she submits full plan showing building details to licensed surveyor who will

    ful for developers soat they can gain an agreement from the municipality at an early stage without having to spend time

    e changed.

    re technical discussions with other departments e.g., Engineering Departmentoncerning drainage) or Revenue Deptt in the District Administration (concerned with issuing puttas

    portant, a contact person shall be identified. Municipal official should try to meet

    (i.) Implementing a simplified, two stage approval for buildings on sma(i

    (iii.) Introducing a two stage approval process for planning approvals.

    3.15 Option One: Implement a new, simplified approval process for buildings on plots of less than250 m 2:This approach has been adopted in HUDA Master Plan 2003. For development on a plotarea of less than 250 m2, approval is given for bumetres, and side setbacks of 0 and 3 metres).

    3.16 The applicant must submit the application in two stages:(i) At commencement stage, the applicant submits an outline application on a simple plot layoutsketch, detailing plot area, building height, setbacks, use, and access.(ii) At completion stage, he/she will provide a full plan showing building details. This will not be forapproval, but will be verified by the planning staff and provide a floor plan for t

    ecertificate, without which access to services such as water would not be possible.

    3.17 Option Two: Working with licensed architects and engineers:Involving licensed architects andplanners will reduce the workload of planning sectionTand so there is no harassment of the general public.

    3.18 In certain cities there is a provision that licensed architects and engineers can approveresidential buildings of G+2 and less in plots up to 300 m2. For buildings of G+2 or less on plots of300 m2 or less, separate the planning approval process into two. The municipality should approvethe planninprofessional can approve building regulations. This process would best occur through a two stage

    approval:(i) At commencement stage, the applicant submits an outline application on a simple plot layoutsketch detailing plot area, building height, setbacks, use, and(iapprove and forward to the planning section, for its records.

    3.19 Option Three: Introducing separate site and building approvals for major applications:Formajor applications (such as apartment blocks, commercial developments etc) the introduction of aninitial application stage can be introduced at which the applicant can submit outline development andownership details for an "in principle" approval for development on the site. Detailed designs for thebuilding would be submitted at a later stage. Such an approach would be helpthand expense on the preparation of detailed plans which might then bImproving co-ordination with other departments and agencies3.20 Effective Development Control requires working with other agencies. The DT&CP and forsome municipalities UDAs are involved in processing major planning approvals. Planningapplications may requi(cand land registration).

    Structuring the coordination & communication processes3.21 Often the communication and co-ordination is poor. These agencies fail to understand howplanning policies affect their work e.g., Revenue department have been known to issue puttas on landdemarcated for Master Plan roads. Planners can however improve their contact and communicationwith the relevant departments. A checklist of the main agencies, the reasons why a local body wouldneed to contact them, and with the skills/knowledge that municipal planners bring to any contact, shallbe useful. Planners should decide on the important agencies to be in contact with. For rganizationswhere contact is im

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    with key contacts regularly, both to discuss specific issues, and also for general information sharing of

    itizens Charter directing the applicant to concerned TPBO/TPS. In Guntur town of Andhra Pradesh,f applications, updated on a weekly basis.

    ULBs, the public is not promptly notified of approved applicants and this can be asou proval notices is required. Thismig

    t aspect of permission process that is undertaken toun involve: (a)S n he following areth

    [Step 1] e.g., building plan approval procession in sequence

    dentify

    [Step 4] Revise the flowchart incorporating the remedial actions

    the

    The duration for the issue of certificates may be more, given thatthe monitoring and inspection functions attached to the issue of such certificates. But, here also,some innovations are possible to reduce the time and resources as well as simplify the proceduresthat lead to simplified processes.

    ongoing activities.

    Providing Information on the Status of Planning Applications3.22 The public is often interested in knowing the status of their planning applications. Planners

    should consider the ways to provide this information. This might simply involve using the clerk in theCfor example, cable TV has been used to show the status oProviding prompt notification of application approval3.23 In some

    rce of harassment. Measures to ensure prompt despatch of apht include:

    A commitment to despatch the plan within a day of approval

    Publication of approval and despatch date on a public notice board

    Despatch by courier

    Communication Systems using Interactive Voice Recording System (IVRS)

    Streamlining the work flow of permission process3.24 Work flow analysis is an importan

    derstand the way work flows of various activities is organised. Streamlining wouldtudying a d assessing current status (b) Redefinition of workflow and functions. Te various stages in the workflow analysis:

    Prepare a flow chart for existing process[Step 2] Make a detailed list of activities associated with each act[Step 3] List the constraints and deficiencies in the existing procedure for each action and i

    corrective measures to overcome them

    [Step 5] Tabulate the activities taking place sequentially at each point as per the flow chart[Step 6] Make a detailed list of activities associated with each action in a revised flow chart.

    3.25 Streamlining of building permission process should lead to reduced duration of permit andsteps, which can be achieved better through work flow re-organisation. One such simplified processof Six-Step building permit issue with time limit set at 11 to16 days for a small city is shown infollowing Figure 3 that serves as a model to be followed after adapting it to specificneeds/requirements of the city/ local authority. Further, the streamlining needs and areas may beidentified by a municipal authority in association with the consultants who do work flow analysis.The work flow shown in the Figure 3 covers only upto building permission process, but the same canbe extended to the subsequent stages of (a) Commencement Certificate (b) Completion Certificateand (c) Occupancy Certificate, which are also issued by the local Authority i.e., Municipal Corporationduring the implementation stage.

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    Figure 3Typical flow chart of building permission in Small sized City

    1 day

    3 - 7 days

    1 day

    5 - 6 days

    1 day

    Start

    Citizen submitsAppl ication Form (A1)

    Counter Clerk

    (A2)Return

    appl ication

    Licensed

    Surveyor (A3) *

    Formacceptable?

    (D1)

    Section ClerkTPBO technica lVeri fication (A4)

    ProvisionalApproval (D2)

    Section Clerk

    TPO decis ion (A6)

    CommissionerApproval (D3)

    Intimaterejection with

    reasons

    Intimateapproval

    TownSupervisor (A5)

    Entry by clerk (A7)No Yes

    End

    Doubt

    Yes No

    Yes

    Not a mun ic i pa l e m p lo y e e

    Start

    Citizen submitsAppl ication Form (A1)

    Counter Clerk(A2)

    Returnappl ication

    Licensed

    Surveyor (A3) *

    Formacceptable?

    (D1)

    Section ClerkTPBO technica l

    Veri fication (A4 )

    Provisional

    Approval (D2)

    Section Clerk

    TPO decis ion (A6)

    Intimaterejection with

    reasons

    Intimateapproval

    TownSupervisor (A5)

    Entry by clerk (A7)No Yes

    End

    Doubt

    Yes N o

    Yes

    Not a mun i c ipa l e m p lo y e e

    1 day

    3 - 7 days

    1 day

    5 - 6 days

    1 day

    Start

    Citizen submitsAppl ication Form (A1)

    Counter Clerk(A2)

    Returnappl ication

    LicensedSurveyor (A3) *

    Formacceptable?

    (D1)

    Section ClerkTPBO technica lVeri fication (A 4)

    ProvisionalApproval (D2)

    Section Clerk

    TPO decision (A6)

    CommissionerApproval (D3)

    Intimaterejection with

    reasons

    Intimateapproval

    TownSupervisor (A5)

    Entry by clerk (A7)N o Yes

    End

    Doubt

    Yes N o

    Ye s

    Not a mun i c ipa l e m p lo y e e

    Start

    Citizen submitsAppl ication Form (A1)

    Counter Clerk(A2)

    Returnappl ication

    LicensedSurveyor (A3) *

    Formacceptable?

    (D1)

    Section ClerkTPBO technica lVeri fication (A4)

    ProvisionalApproval (D2)

    Section Clerk

    TPO decis ion (A6)

    Intimaterejection with

    reasons

    Intimateapproval

    TownSupervisor (A5)

    Entry by clerk (A7)N o Yes

    E nd

    Doubt

    Yes N o

    Ye s

    Not a mun i c ipa l e m p lo y e e

    Start

    Citizen submitsAppl ication Form (A1)

    Counter Clerk(A2)

    Returnappl ication

    LicensedSurveyor (A3) *

    Formacceptable?

    (D1)

    Section ClerkTPBO technica l

    Veri fication (A4)

    ProvisionalApproval (D2)

    Section Clerk

    TPO decis ion (A6)

    CommissionerApproval (D3)

    Intimaterejection with

    reasons

    Intimateapproval

    TownSupervisor (A5)

    Entry by clerk (A7)No Yes

    End

    Doubt

    Yes No

    Ye s

    Not a mun i c ipa l e m p lo y e e

    Start

    Citizen submitsAppl ication Form (A1)

    Counter Clerk(A2)

    Returnappl ication

    Licensed

    Surveyor (A3) *

    Formacceptable?

    (D1)

    Section ClerkTPBO technica lVeri fication (A4 )

    ProvisionalApproval (D2)

    Section Clerk

    TPO decis ion (A6)

    Intimaterejection with

    reasons

    Intimateapproval

    TownSupervisor (A5)

    Entry by clerk (A7)No Yes

    End

    Doubt

    Yes N o

    Ye s

    Not a mun i ci pa l e m p lo y ee

    Best Practices in Revision of Building Bye Laws

    Hyderabad Consolidation of Building Bye Laws

    3.26 The building bye laws of Hyderabad city were originally framed under the Hyderabad

    Municipal Corporation Act, 1955 and were revised at various points of time. The Municipal

    Corporation of Hyderabad (MCH) executes the implementation of provisions under above act.

    Following development authorities were subsequently created by the State Government: (a)

    Hyderabad Urban Development Authority (HUDA) (b) Buddha Purnima Project Authority (BPPA) (c)

    Cyberabad Development Authority (CDA) (d) Hyderabad Air port Development Authority (HADA)

    3.27 The jurisdiction of these development authorities is either adjacent or within or overlapping

    with the MCH, yet they govern important areas of the city in terms of development planning and

    control. The creation of multiple institutions has created confusion with respect to the prevalence of

    development planning and building bye laws that need to be followed. The building stipulations are

    cumbersome with too may parameters for regulating and controlling development and building

    activities.

    3.28 Recognizing the need for simplifying the building stipulations by stipulating minimal

    parameters, the Government has decided to review the building stipulations and come out with

    comprehensive building rules, thereby, making building stipulations clear, easy to comprehend, user-

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    friendly, promoting various types of development and building activities, and also giving design

    freedom and choice with optimum use of land on one hand and reducing the trend of violations and

    unauthorised construction on the other, without compromising on the community good.

    3.29 The State Government has decided to further rationalize the standards of building

    requirements for different types of buildings, uses and occupancies in MCH, HUDA, HADA, BPPA and

    CDA so as to have uniform application of the rules relating to regulation of building construction in the

    above areas. Therefore, in super-session of the rules issued vide GO Ms No. 423 MA dated

    31.07.1998 and the Municipal Corporation of Hyderabad Building 1981 to the extent specified in these

    rules, Government issued notification through GO Ms No. 86 dated 03.03.2006 published in Andhra

    Pradesh Extraordinary Gazette dated 04.03.2006.

    3.30 This is perhaps one of the few attempts made to reform current system of building bye laws

    through consolidating the building bye laws, thereby, making it clear and easier to understand the

    compliances. Where there are multiple authorities with overlapping jurisdictions, harmonisation

    through consolidation of laws shall greatly reduce the uncertainty, confusion and lack of clarity.

    Moreover, it reduces the legal disputes that arise due to the scope for interpretation as well asminimizes the corruption likely arise due to multiplicity of permissions required from different

    authorities.

    Bangalore Automatic Plan Sanction (APS)

    3.31 Automatic plan sanction is a single window initiative of Bangalore Mahanagara Palike (BMP)

    to sanction residential building plan within 3 working days, provided the plan prepared and documents

    enclosed are in order and in compliant with the Building bye laws of BMP. This scheme simplified the

    application process by making the applicants to file applications and all subsequent letter/permissions

    at the single window. It is kept open to:

    All properties falling under BMP limits and is restricted to residential plans on site area notexceeding 4000 sq ft and not exceeding G+3 floors (height not exceeding 15 m)

    Any additions/modifications to existing residential building in site area not exceeding 4000 sqft not exceeding G+3 floors (height not exceeding 15 m)

    3.32 Procedure

    Under the APS, the owner/proposer will have to take the assistance of an Engineer, Architect

    or a Supervis

    or, duly registered with the BMP, to prepare the plan as per the Building Bye

    ecklist of all requisite documents to be filed is provided alongwith the

    ingle window counter itself and the

    ich will be

    acknowledged and the acknowledgment needs to be shown to receive the permit.

    m the date of sanction,

    nd it will lapse if the construction work is not undertaken within this period.

    Laws 2003

    In the prescribed application form, the registered Engineer/ Architect/ Supervisor will guide

    the owner/proposer in filing the APS application form together with all required documents

    and affidavits (ch

    application form)

    The application fee in the form of DD is payable at the s

    fee structure details are provided in the application form.

    The filled in application form addressed to Assistant Director of Town Planning has to be

    handed at the Single Window Counter of respective jurisdictional (Zonal) office, wh

    3.33 If the application and documents are complete and the plan is as per the building bye laws, it

    can be automatically sanctioned and the sanctioned plan can be collected on third working day from

    he date of submission. The sanctioned plan under APS is valid for 2 years frot

    a

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    Building Construction

    3.34 As the owner/proposer needs to obtain other certificates commencement certificate and

    occupancy certificate - in order to proceed with building construction as envisaged in the plan,

    simplified procedures for the same are also established. This is envisaged in the form of following:

    The owner/proposer has to file intimation of Commencement of work at the Single WindowCounter of the concerned Zonal Office. After completing the building upto the plinth level, onehas to file an application for Commencement Certificateat the Single Window Counter. Site

    inspection will be made by an authorised BMP officer within 3 working days from the date of

    submission of application. If there are any objections, the site engineer will inform the same

    to owner/proposer; if there is no objection, Commencement Certificatecan be collected by

    owner/proposer on the next day after inspection.

    After the building is completed, as according to the sanctioned plan and the provisions ofbuilding bye laws, the owner/proposer has to file application in prescribed format at the Single

    Window Counter for Occupation Certificate. The Assistant Director of Town Planning or the

    designated engineer will inspect the building for its adherence to the sanctioned plan and, if

    found to be in order will issue the Occupancy Certificatewithin 15 working days.

    3.35 By making this legislation, the BMP not only simplified the building permission process to a

    very simple exercise, but also it has reduced the time taken for the certificates given to building after

    the permission i.e., commencement and occupancy certificates. Further, it also incorporated another

    model of empanelled architect/ engineer/ supervisor into the design of building permission process,

    which enabled it to provide sanctions to building permissions faster than otherwise. This scheme also

    allowed fresh submission of application/plan for sanction at the expiry of permit validity through Single

    Window Counter and also made provisions for considering minor deviations, if they were justified and

    found valid by the BMP.

    Mysore Approval in 30 Min ut es

    3.36 The Mysore City Corporation (MCC) simplified the procedures for issue of building

    construction license. As in most other ULBs in the country, getting a building license in Mysore was a

    very time consuming process involving frequent visits to the municipal office, speed money and hiring

    of middlemen and used to take about 45 days or even more. As part of the initiative in 2001, the

    license issuing process has been simplified and building construction approvals are being issued on

    the same day within 30 minutes. At present this facility is limited to Ground and Ground +1

    residential structures. Under the new system approval for these structures do not require structural

    drawings and clearance from departments like fire, urban development, airport authority, etc. The

    approval process has the following steps:

    Submission of application along with necessary documents to the Junior Town Planner (JTP)at the Citizens Service Centre

    Verification of application and the Building Plan as per the byelaws by the JTP

    If the application is in order, the IT operator takes file from JTP, enters the data and verifies,the computer calculates the fees and generates a challan. The challan is signed by the JTPnd issued to the applicant.a

    If application is not in order, the applicant is asked to resubmit along with required changes suggested

    If approved, the applicant pays the challan at bank counter at MCC Citizens Service CentreAfter receipt of fee payments, IT operator prints the license, signed by the JTP and issued tothe applicant. If the application is in order, the IT operator takes file from JTP, enters thedata and verifies, the computer calculates the fees, verifies, and generates a challan. The

    challan is signed by the JTP and issued to the applicant.

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    3.37 The MCC initiative is simple, efficient and time saving. It increased the municipal revenue as

    MCC started collecting, apart license fee, water connection deposit/fee, which resulted in reduction of

    unauthorized water connections. This also helped in generation of computerized database.

    Delhi Instant Sanction and Single Window Scheme for Plans and Building

    3.38 Delhi has also come out with a Single Window Scheme operational in the city. Building bye

    laws of Municipal Corporation of Delhi (MCD) specify the following three options available for getting

    the building plans sanctioned:

    Instant Sanction

    3.39 This scheme envisages instant sanction and is applicable for residential plots upto 500 sq m,

    which are lying vacant and form part of approved LOP (layout plan) with respect to its size, shape and

    area of plot and where mandatory set backs, position, size and shape of garage blocks are also

    shown in the layout plan.

    Single Window Service

    3.40 The concept of single window clearance for sanction of building plan application was initially

    introduced first at head quarters and extended to all Zones of the Corporation. The days and time for

    single window service in each zone are also fixed. The Single Window Service is made available for

    following facilities:

    To accept application for building plan, completion certificate and certified copy of any ofthese documents;

    To deposit necessary building fees and taxes;

    To provide any guidance relating to sanction of the building plans, completion certificate

    under the provisions of both Building By

    e-laws and Master Plan and any other information

    on of building plan as well as completion

    To accord sanction to building plan application, which are complete in all respect and theis as per building bye laws, Master Plan provisions and site is found in order.

    wever, where policy decision or interpretation of

    uilding bye laws is needed, such cases are placed before Building Plan Committee - both at head

    inspect the work and submit the objection, if any, to

    relating to building activity in the zones;

    To provide counseling for submission of fresh building plan application;

    To fix up time and date for inspection both for sancti

    certificate, if the same has not been notified earlier;

    liance;To carryout corrections in the building plans or for making any comp

    To deliver sanction of building plans, completion certificate and certified copies.

    To issue Completion Certificate at the spot under Tatkal Scheme.

    proposal

    Normal channel

    3.41 In the case of approved colonies, building plans are normally sanctioned in about 7 to 15 days

    time after necessary compliance/ corrections. Ho

    b

    quarters level and at the Zonal level for decision.

    Building Construction

    3.42 The owner / applicant who has been granted such buildings permit shall intimate the authority

    in writing before 7 days of starting of construction work at site. He shall obtain an acknowledgement

    from the authority of this notice. After receiving such notice authority may depute an officer for

    inspection of the site. Also, the owner through his licensed Architect/Engineer/Supervisor shall give a

    notice to the MCD in the format given intimating the completion of work upto plinth level. It will be

    obligatory on the part of the local body (MCD) to

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    the owner and architect/engineer within 30 days from the receipt of such notice, failing which work will

    s issued at the time and after construction still

    ke a good amount of time and attempts can be made to reduce the time taken in their issuance

    .

    uthority (BDA) adopted the concept of Green Channel to

    ispose building permits within 72 hours in order to meet with the spurting demand for building activity

    plot owners failed to get building permits in appropriate time and so

    itiated construction without getting a formal approval, and in the process violated development

    a priority basis. Such applications were allowed to be processed immediately and the

    uilding permissions were issued within 72 hours, which helped to obtain loans from banks to start

    his scheme and was able to dispose 200 to 400

    ases every year. This scheme became popular and plot owners were willing to pay requisite service

    charge for getting approved plans in stipulated time.

    4. Revision of Building Byelaws to make Rainwater Harvesting mandatory in all new buildings

    tion is uneven1

    . Most of the rainfall is concentrated in just a few months ofe year, about 70 percent rainfall occurs in four months. So, even in a year of normal rainfall, some

    the ground water table lower. There is,efore

    deemed to be cleared for further construction.

    3.43 Delhi has come out with a popular Single Window Clearance scheme together with Tatkal

    scheme in simplifying the building permission process. Although Delhi has come out with such good

    models in the case of building permission, the certificate

    ta

    through some process innovations and reform options

    Bhubhaneshwar - Tatkal Scheme/Green Channel

    3.44 Bhubhaneshwar Development A

    d

    to cater to the needs of a growing city.

    3.45 Prior to this initiative, the plot owners had to take Building Permission from the BDA, following

    the BDA laws, before undertaking any construction on their property. The BDA used to receive about150 applications for plan approval in a month and it used to take on an average 60 days to sanction

    an approval. The individual

    in

    norms, building bye laws etc.

    3.46 BDA introduced an innovative scheme known as building permits within 72 hours so as to

    help the plot owners to build houses as per the approved plan. This scheme was applicable to the

    cases where all development parameters were adopted by the plot owner and the building application

    is submitted alongwith necessary documents and an additional fee of Rs 1,000 towards processing of

    application on

    b

    construction.

    3.47 The BDA received a very good response to t

    c

    (O3)

    Rationale

    4.1 India receives the highest rainfall among countries comparable to its size. But the rainfalls

    temporal and spatial distributhparts face severe drought.

    4.2 Excessive withdrawal and constructions over water recharge zones has resulted in overexploitation of ground water table in the country. India's rapidly rising population and changinglifestyles has also increased the domestic need for water; and intense competition among varioussectors such as agriculture, industrial and domestic is drivingther , need to harvest rainwater. The harvested rainwater can be used for direct consumption orfor recharging groundwater through simple filtration devices.

    4.3 Hence, Reforms relating to mandatory RWH have become necessary in view of alarming dropin the ground water table in many urban areas of the country. A reform road map for implementing

    RWH as part of building bye-laws is required for the local, state and central governments to cope with

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    the problem of depleting ground water levels in the country. Awareness-generating systems,

    water can face contamination problems by nutrients such as flourides, chlorides, etc. Going byese constraints, ground water recharge by RWH is an appropriate and an easily implementable

    ing the use of RWHystems in cities by making it mandatory for building permission, with a long term objective of

    promoting conservation of water and ensuring sustainability of water resources.

    . or more should have RWHtructure. It further provides that in the event of failure to construct RWH structures, civic authorities

    l states which are yet to implementandatory RWH as part of their reforms and even the states/ cities already enacting this law do not

    t M f

    all State Governments, whichcluded measures for RWH in urban

    s.24.9

    building

    t.

    monitoring systems and enforcement systems are needed to effectively implement the regulations.1

    4.4 Several major cities have enacted RWH as part of their building bye-laws and severaldepartments under different ministries are implementing RWH as a component of their water

    conservation measures. The measures undertaken by the CGWB to augment ground water rechargeare long term and are usually implemented on a larger scale. Also, recharging methods for deepgroundthoption.

    4.5 The JnNURM envisages implementing mandatory RWH in all cities. Revision of building bye-laws to make RWH mandatory in all buildings and adoption of water conservation measures is madean optional reform measure to be undertaken under JnNURM during the Mission period. The Missionrequires the State Governments to enact Bye-laws to make RWH mandatory within the Mission periodof 7 years. It requires the states/ cities to take sufficient steps towards promots

    Background

    4.6 The Model Bill to Regulate and Control the Development and Management of Ground Waterwas brought out in January, 2005 by Ministry of Water Resources which provides for directions toinclude RWH in all developmental schemes falling under notified areas. It stipulates that allcommercial and residential buildings having an area of 100 sq. msmay construct such a structure and recover the cost from the owner.

    4.7 Mindful of the threats, some state governments are enacting legislation to make RWHcompulsory in all housing societies, residential, commercial, and industrial and other complexes.

    RWH has been made mandatory in urban areas by 12 States, namely Andhra Pradesh, Gujarat,Haryana, Himachal Pradesh, Kerala, Karnataka, Maharashtra, Nagaland, Punjab, Rajasthan, TamilNadu, Uttar Pradesh and some cities. But there are severamhave a strong monitoring and implementation system in place.

    4.8 Several departments under differentheir water conservation programmes.Ministry of Urban Development hastaken several measures to propagateRWH in urban areas of the country,which include circulation of guidelines onArtificial Recharge to Ground Water

    prepared by CGWB to all the StateGovernments and Model building by-laws toinarea

    depletion.

    inistries are implementing RWH as a component o

    National water award by Ministry of Water Resources2

    The Bhoomijal Samvardhan Puraskar and National Water

    Award was launched by the Ministry of Water Resources,

    Government of India with an objective to encourage the NGOs,

    Gram Panchayats and ULBs for adopting innovative practicesof ground water augmentation by RWH and artificial recharge

    through people's participation in targeted areas of ground water

    The features of the proposed Reform process envisaged by JNNURM are:

    Mandatory RWH for all buildings, parks, public places, etc. by incorporating it with thebye-laws.

    To effectively use the existing recharging or storage facilities to save on capital cos

    To initiate people's participation to make the scheme sustainable.

    To use locally available materials and innovative methods to recharge rain water.

    1 Rainwater Harvesting - An index of first information India-centric, Akash Ganga RWH information, May 2006, http://akash-ganga-

    rwh.com/RWH/WaterHarvesting.html#Para12 Ministry of Water Resources, Government of India, http://wrmin.nic.in/writereaddata/mainlinkFile/BHOOMIJAL.pdf

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    4.10 The Reform road map will provide a direction and help the authorities in implementingandatory RWH and will lead several other states/ cities in implementing the reform resulting in

    bles in the country and water conservation. The amount of rainfall to ground

    tifiedRain W4.11aqu

    erground.

    rough suitable structures like dug

    4.12

    r is inadequate in lean months.

    Crit4.13

    much area and land use pattern; whether industrial,

    cteristics, i.e. Rainfall duration, general pattern and intensity of

    4.14 idered for choosing rainwater harvesting for domestic use include:

    sting system

    hyd H in urban areas are :

    (ii.) Trench: Recharge trenches are suitable for buildings having roof area of 200-300

    (iii.)

    mimproved ground water tawater recharge (%) varies from State to State depending upon the local hydro geological conditions.

    The rain water harvested in each State through artificial recharge structures cannot be quan 4

    ater HarvestingRWH is the technique of collection and storage of rain water at surface or in sub-surface

    ifers, before it is lost as surface run-off3. Rainwater can be harvested for two purposes:

    For storing rain water during scarcity: For RTRWH, storage tanks are used which areconstructed on the surface as well as und

    For recharging the ground aquifers: This can be done thwells, bore wells, recharge trenches and recharge pits.

    The Potential Areas for RWH are those:

    Where ground water levels are declining on regular basis.

    Where substantial amount of aquifer has been de-saturated.

    Where availability of ground wate

    Where due to rapid urbanization, infiltration of rain water into subsoil has

    Decreased drastically and recharging of ground water has diminished.4

    eria for selection of technologiesImportant components which need to be evaluated for designing RWH are:

    Hydrogeology of the area including nature and extent of aquifer, soil cover, topography, depthof water level and chemical quality of ground water.

    The availability of source water, which is basically assessed in terms of non-committedsurplus monsoon runoff.

    Area contributing for runoff i.e. howresidential or green belts and general built up pattern of the area.

    Hydrometeorological chararainfall.

    Factors cons

    Catchments type and size

    cost of the rainwater harve

    Family size

    Length of the drought period

    Alternative water sources

    Design of RWH systems:

    4.15 Different technologies are adopted in different states for RWH depending upon therogeological conditions and other factors.5Common methods of RW

    5

    (i.) Recharge Pit: This technique is suitable for buildings having a roof area of 100 sq.m. and areconstructed for recharging the shallow aquifers.Rechargesq.m. and where permeable strata is available at shallow depths.Tube well: In areas where the shallow aquifers have dried up and existing tube wells are tappingdeeper aquifer, RTRWH through existing tube well can be adopted to recharge the deeperaquifers.

    3 Rainwater harvesting techniques to augment ground water, Ministry of water resources, CGWB, Faridabad,

    http://cgwb.gov.in/documents/RWH_GUIDE.pdf4 Press Information Bureau, Government of India, September 2006, http://www.pib.nic.in/release/release.asp?relid=204695http://akash-ganga-rwh.com/

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    (iv.)Recharge Well: In areas where the surface soil is impervious and large quantities of roof water orthe use of trench/ pits is

    hrough

    Ope4.16 ate solution. To prevent thepoll s the maximum benefits, wemus

    entering into the recharge structures

    r system / storage tanks

    RWH Potential and Collection4.17

    Catchments characte

    Water demands

    W

    distribute the city delivered water5. Installing a RWH unit in a multiple tenant flat

    complex with 25 famil ost-wise benefits. A water

    surface runoff is available within a very short period of heavy rainfall,made to store the water in a filter media and subsequently recharge to ground water tspecially constructed recharge wells.

    sample urban installation - Roof rainwater collection in a m4

    For a single dwelling house or a multi-tenant apartment complex, 80% of the RWH system is

    already present. Only the plumbing design needs to be reoriented.

    The existing design of th

    surrounding the house and flow the water towards the street.

    For the collection, rainwater is brought down from the roof tops using closed PVC pipes and

    directed to a sump or a well. A simple 3-part filtration unit is i

    Other types of RWH

    hwit holes in it can be used, a 2 feet deep pit is built across the full width of the gate. The water is

    then diverted to a well or a bab well b connectin to a i e.

    A etropolitan city

    e house will take all the rainwater from the roof and the ground level areas

    ncluded consisting of sand, brick jelly

    and broken mud bricks.

    - collecting the ground water and stop their flow at the gate. A concrete slab

    rational Control:Just constructing rainwater harvesting structures is not the ultimutants entering into the ground or the storage tanks and to harnest:

    Keep the catchment clean

    Avoid polluted runoff from

    Do first flushing

    Before every monsoon clean up the filte

    :The amount of water harvested depends on:

    The frequency and intensity of rainfall

    Average rainfall in an area is generally used. Collection efficiencies of 80% are often used for RTRWHdepending on the specific design

    6.

    Financial Implication:74.18 For a single family house in a metro city, the only additional investment (about Rs 2000) is theinstallation of PVC pipes. All other items such as a sump, electric pump, overhead storage, alreadyexist to receive and

    Chennai requirement = 634,500,000 liters

    Chennai = 170 sq. km = 170,000,000= 187,000,000 cubic meters = 187,000,000,000 liters

    If only 60% of rainfall is harvest

    ristics (rooftop, paved area etc.)

    ater harvesting potential = Catchment area (Sq. m.) X Collection efficiency X Rainfall (mm)

    Water harvesting requirement of Chennai7

    according to the IS 1172: India

    The average daily water requirement per person is 135 liters per day, nStandard Code of Basic Requirements for Water Supply, Drainage and Sanitation.

    sq. m * 1.1 m (height of rainfall)

    ed = 112,200,000,000, which is much greater than the city requirement.

    For the city of Chennai, the following calculation can be made:

    Chennai population: 4.7 million x 135 liters = 634,500,000 liters

    ies will cost about Rs 50,0005. Also, there are c

    enter for Science and Environment, Rainwater Harvesting, http://www.rainwaterharvesting.org/whatiswh.htmoelho, Jeff and Reddy, Shiva Kumar, Making Urban Rainwater harvesting sustainable: Lessons learnt in Chennai, India, Masters;

    partment of Environment, Technology and Social Studies, Roskilde University, May 2004,

    tp://diggy.ruc.dk/bitstream/1800/367/1/Making_Urban_Rainwater.pdf

    6 C7 C

    De

    thesis,

    ht

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    tanker bringing water from unknown sources and untested for its quality will cost about Rs 1000 to Rs

    systwatstorcon

    drinking purposes to boil the water or

    a

    4.20 building bye-laws to make RWHman d to provide aclea line a step-by-step approach for implementing RWH to any ULB/ city taking upthe associated with implementation in the absence of a policy are:

    water and psychological reluctance of the users to acceptwater.

    iduals

    4.21

    orporation of RWH structures

    Pha

    Actario for the city

    echanisms and scope for regulationr RWH systems

    Step 5: Stakeholder consultation

    the mandatory clauses of RWHrtth

    2500 for 10,000 litres of water8. You cannot put a price on 'peace of mind' knowing that you have

    water for a month.

    Rainwater harvesting and hygiene:4.19

    Rainwater Harvesting Calculator for Chennai City

    Water officials in Chennai feel that families can save money by investing in RWH. For example, afamily of four living in an individual house with a rooftop area of 200 sq. m. can save about Rs.

    ent of Rs. 5,000 for RWH, based on a market price of Rs. 500

    a Rainwater Harvesting Calculator found on Tamil Nad

    14,000 over 900 days with an investm

    for 5,000 liters of water, according to u

    Wate Supply and Drainage (TWAD) Board website. However the calculation is based on a water r

    requirement of 40 liters per day per person.

    Debris, dust and organic wastes on rooftops can be a cause of worry when using the RWHems for personal consumption. There is a major risk of water contamination and contraction ofer borne diseases. These effects can be prevented by proper maintenance of water collection andage systems. Water can be boiled or treated with bleaching powder (chlorination) beforesumption. Chennais Metro Water recommends people wanting to use their RWH systems for

    treat it with bleaching powder first.

    Rainw ter Harvesting: Bye-Laws

    The main objective of these guidelines is to evolvedatory for all buildings and structures in the state/ city. The guidelines are preparer direction and outreform. The various risks

    Preference of the public for pipedrain water as drinking

    indiv

    Essential elements of enactment:

    Incorporation of bye-laws in Municipal Act/Town Area Act

    building permissions to be granted without incNo

    Maintenance

    Penalty for violation

    ses in Reform process:

    ivities:Step 1: Collection of base data: Ground water levels and water table scenStep 2: Preparation of a Strategy Paper on water resourcesStep 3: RWH methods, delivery mStep 4: Formulation of strategies fo

    Step 6: Decide the final design of RWH system and the end useStep 7: Preparation of draft building byelaws to reflectStep 8: Discussions with community groups and expeStep 9: Amendment of the existing policy to introduceStep 10: Draft notification and cabinet note

    Step 11: Circulation of note to various departmentsStep 12: Submission to the cabinet

    e Data

    llection

    Stakeholder

    Consultation

    Assessment &

    Analysis

    Strategy &e Data

    llection

    Stakeholder

    Consultation

    Assessment &

    Analysis

    Strategy &

    Difficulties to sustain community interest and possibilities of discontinuance of programme ata later stage

    Difficulties of participatory approach including subversive practices and non compliance by

    Bas

    Co Action Plan

    ImplementationAwareness

    Campaigns

    Monitoring &

    Follow up

    Bas

    Co Action Plan

    ImplementationAwareness

    Campaigns

    Monitoring &

    Follow up

    s on validation of the lawse new building bye-laws

    aharashtra.8 Environment Information Center, Department of Environment, Government of M

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    Step 13: Introduction and approvalStep 14: Notification

    Step 18: Monitoring and follow up

    data: Ground water a

    th

    forelineation of: (a) Prospective sites for source

    and water recharging.9

    .24 Various strategies focusing on

    i ith

    es need to be implemented withifferent Strategies for various types of land use:

    and public utility buildings such as hospitals, schools, hotels,

    as well as existing structures. RTRWH to be mandatory in all new buildings oflots of 100 sq. m and above and No building permission should be granted without incorporation of

    s forof the structures ne

    for drinking purposes can b rncanOtherwi ndindividu nRain wa btreated ce eeconom g oncession in water rates or property taxescan be dSte4.27 vstrategieStep 6 - Decide the final design of RWHsystem and the end use:

    Step 15: City level workshops to address to the queries of general publicStep 16: Enactment/ start of approval as per the new building bye lawsStep 17: Awareness campaigns

    Step 1 - Collection of base4.22 Information on the water table and growater levels for the city should be collected In ordmeasure the effect of implementation. Various mecan be used to gather this information required. For ex:Remote sensing and GPS technologies can be usedddevelopment; and (b) Prospective areas for waterharvesting

    Step 2- Preparation of a Strategy Paper on ground

    water management:4.23 A strategy paper on management of ground water resources for the state, with identificationof long and short term strategies is required. The paper must bring out the place of RWH in it.

    Step 3- RWH methods, delivery mechanismsand scope for regulation:4appropriate methods: traditional systems;modern systems, and groundwater rechargesystems must be identified. Provisions for periodical monitormaintenance and upkeep should be incorporated.

    Step 4 - Formulation of strategies for RWH

    systems:4.25 RWH schemdpublic places, government, municipaltheatres, play grounds, gardens, railway stations, etc. RWH is needs to be mandated for both newbuilding permissionspRWH schemes. Provisions relating to RWHproper storage and cleaning4.26 Rainwater

    preparation of hydro-geo-

    morphological maps for the States of

    Del

    etc) occupying an area of 200 yards o

    hi requires all buildings (house, hotel,

    r

    more, to undertake RWH in not only urban

    areas, but also in rural and industrial areas.

    Many industrial units in TN like Ashok Leyland, Asian

    Paints, Escorts, and TVS have installed RWH to meet their

    drinking water needs as well as their industrial processing

    needs. The State ordinance covers "All" (not just new)

    buildings, houses, public places in the entire state.

    nd water table scenario for the city:und

    er toods

    In the 1st phase of the mission, NRSA,

    Hyderabad has been entrusted with the

    Karnataka, Kerala, AP, MP and

    Rajasthan. These maps will be used for

    analysis of ground water recharge

    projects and potential areas of RWH9

    ng of the RWH structures along w

    tructures like percolation pit/ recharge wells anded to be made.

    e directed into communal water towers, which in tucity officials.

    encourageg purposes.e boiled andntives for RWH implementation to make the schem

    iving some c

    AP: The state offers 10% discount on

    construction of RWH pits.

    be monitored, tested and analyzed byse, permissions can be issued aals to engage in RWH for non-drinkiter used for drinking purposes mustwith Chlorine before consumption. Inically viable for capital expenditure byeveloped.

    p 5 - Stakeholder consultation:Meetings with stakeholders and participatis for RWH.

    e discussions must be conducted validating the

    xample, some RWH activists in Chennai lament

    that m

    (by indema e government. The governmen

    any people in the city have already cut corners

    stalling inadequate systems) in order to satisfy thends of th

    9 National Seminar onGround Water Management Strategies

    in Arid & Semi-arid regions

    June, 2000, Jaipur, Rajasthan

    Centre for Good Governance Administrative Staff College of India23

    For e

    t

    recommended methods people should use but the

    methods were not articulated in the bye-laws. Also,

    each owner of every building or private home has been

    responsible for paying and maintaining their RWH

    installations.7

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    4.28

    and the

    ter for domestic purposes must be

    Provision for qualified experts for

    clauses of RWH

    p

    a draft version of the bye-laws, inputs and an analysis from variousmmunity groups must be held on validation of

    tep 10 - Draft notification and cabinet note:

    tep 15 - City level workshops to address to the queries of general public:cted to educate the general public on the new building bye-laws

    Ste e new building bye laws:

    4.33 W ythe non n dInforma Hground n revery state. The main objective of the Cell will be to create awareness and to offer technicalassistance to the public to select and implement suitable cost-effective methods of RWH. This cellshould bimplemeStep 174.34 blic on the bye- laws andRW

    hould be accessible to the

    public, which can be distributed byites. This

    This needs to be undertaken in following manner:

    Methods for RWH must be articulated: Details of the cost and methods should bearticulated. There is a risk of hygiene problems if these issues are not detailed outsystems are not maintained properly. And also, too many shoddy RWH systems will be futilefor the purpose of ground water recharge.

    Hygiene issues: Clauses emphasizingthe maintenance and treatment of rainwaincluded to avoid any hygiene relatedproblems.

    installing the systems

    Step 7 - Preparation of draft building byelawsto reflect the mandatoryStep 8 - Discussions with community groups and ex

    4.29 After preparation ofperts should be conducted and discussions with coex

    the laws.

    Step 9 - Amendment of the existing policy tointroduce the new building bye-laws

    S4.30 A draft notification of the amendments to thebye-laws is then issued and a cabinet note isprepared for circulation.

    Step 11 - Circulation of note to various

    departments for approval.

    Step 12: Submission to the cabinet

    Step 13 Introduction, approval and Notification:4.31 The amended version is then introduced and approved for implementation. A notificationneeds to be published for the new building bye-laws.

    S4.32 Workshops need to be conduand implementation strategies.

    In Chennai, the ordinance required that RWH

    systems be installed by qualified experts. A

    on

    harvest

    pl

    Activities of RWH Cell, TWADThe main functions of the RWH cell,

    11

    TWAD are to: Create public awareness:

    d TV, conducting

    organiz