The concept of Floor Area Ratio (FAR), also known as Floor Space Index (FSI), is a critical parameter in urban planning and zoning regulations, as it determines the extent of construction permissible on a plot of land. In Haryana, the laws and sections governing FAR are outlined primarily in the Haryana Development and Regulation of Urban Areas Act, 1975, and related rules and policies issued by the Department of Town and Country Planning (DTCP).
1. The Haryana Development and Regulation of Urban Areas Act, 1975
The Haryana Development and Regulation of Urban Areas Act, 1975, forms the foundational legal framework for urban development in Haryana. It provides the necessary legal backing for planning authorities to regulate land use and development.
Key Sections:
- Section 3: This section mandates that any development in an urban area must be in accordance with the approved plans and policies. It provides the legal basis for enforcing FAR regulations.
- Section 4: Requires developers to obtain a license for developing a colony and ensures that the proposed development complies with the prescribed FAR.
- Section 8: Grants powers to the Director of Town and Country Planning (DTCP) to approve or reject applications for development licenses based on compliance with FAR and other regulations.
2. Haryana Building Code, 2017
The Haryana Building Code, 2017, provides detailed guidelines and standards for building construction, including the regulation of FAR. The code is comprehensive and covers various aspects of building design, construction, and safety.
Key Provisions:
- Chapter 3 (Development Controls): Specifies the permissible FAR for different types of buildings and land uses. This chapter categorizes urban areas into various zones (residential, commercial, industrial, etc.) and stipulates the FAR accordingly.
- Clause 3.2: Outlines the methodology for calculating FAR, including the consideration of setbacks, height restrictions, and other building parameters.
- Clause 3.5: Provides provisions for additional FAR in certain cases, such as green buildings, buildings with public amenities, and transit-oriented developments.
3. Haryana Municipal Corporation Act, 1994
The Haryana Municipal Corporation Act, 1994, empowers municipal corporations to regulate building activities within their jurisdictions, including the enforcement of FAR regulations.
Relevant Sections:
- Section 246: Grants the corporation the authority to sanction building plans and ensure that constructions conform to the prescribed FAR.
- Section 250: Allows the corporation to take action against unauthorized constructions that violate the FAR norms.
4. Notifications and Amendments
Over time, the government of Haryana issues various notifications and amendments to adjust FAR regulations in response to changing urban development needs and policies. Some significant recent changes include:
Transit-Oriented Development (TOD) Policy
- Notification No. CCUB-CO-2017/2925-31 (2017): Introduces higher FAR norms in areas around transit corridors to promote high-density, mixed-use development near mass transit facilities.
Affordable Housing Policy
- Notification No. CCP(NCR)/TOD/2016/2822: Allows for additional FAR for projects under the Affordable Housing Policy, aiming to increase housing stock for low and middle-income groups.
Green Building Policy
- Notification No. 9/20/2014-2TCP (2015): Grants extra FAR incentives for buildings that meet specific green building standards, promoting sustainable development practices.
5. Implementation and Compliance
The enforcement of FAR regulations in Haryana is primarily the responsibility of the DTCP, municipal corporations, and other local planning authorities. They ensure compliance through:
- Approval Process: Developers must submit detailed building plans and land use proposals to the DTCP or the respective municipal corporation. These plans are reviewed to ensure they meet the prescribed FAR.
- Inspection and Monitoring: Regular inspections are conducted during and after construction to ensure adherence to approved plans. Any deviations from the approved FAR can result in penalties or demolition orders.
Conclusion
The regulation of FAR in Haryana is a dynamic aspect of urban planning, governed by a combination of state acts, building codes, and specific policies tailored to evolving urban needs. The primary legal instruments include the Haryana Development and Regulation of Urban Areas Act, 1975, the Haryana Building Code, 2017, and the Haryana Municipal Corporation Act, 1994. Through these regulations, the state aims to manage urban growth sustainably, ensuring that development is in line with infrastructure capacity, environmental considerations, and societal needs.
Adv. Khanak Sharma