The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo. B. 13017/8(2)/2018-UD&PA, the 9th May, 2019.In exer cise of the powers conferred by Section 371 of the Mizora m Municipalities Act, 2007 (Act No. 6 of 2007), and after the dra ft notification is published for one month (i.e. from 10.04.2019 - 10.05.2019) as required under sub-section (1) of Section 371 of the Mizoram Municip alities Act, 2007 for informa tion of the public, the Government of Mizora m is pleased to notify the Aizawl Municipa l Council Building Regulations (Amendment), 2019 for gener al information. Dr C. Vanlalramsanga, Secr etary to the Govt. of Mizoram, Urba n Development & Poverty Alleviation Department. VOL - XLVIII Aizawl, Wednesday 15.5.2019 Vaisakha 25, S.E. 1941, Issue No. 307 No. B.13017/8(2)/2018-UD&PA dt. 09.05.2019.In exercise of powers conferred by section 371 of the Mizor am Municipalities Act, 2007 (Act No. 6 of 2007), the Board of Councillors makes the following regulations to amend The Aizawl Municip al Council Building Regulations, 2012, namely:- 1 . Short title and commencement: (1) These regulations may be called the Aizawl Municipal Council Building (Amendment) Regulations, 2019. (2) They shall come into force from the date of their publication in the Official Gazette. 2 . Amendment of regulation 3: (1) For regulation 3(1 4) of the Aiza wl Municipal Building Regulations, 2012 (hereinaft er referred to a s the Principa l Regulations), the following shall be substituted, namely:- “‘Coverage’ mea ns the quotient obtained in terms of percentage by dividing the plinth a reas of ground floor by plot area, i.e.,Coverage = Plinth area x 100/Plot area”. (2) For r egulation 3(36)of the Principal Regulations, the following shall be substituted, namely :- “National Building Code’ means the National Building Code of India and as amended from time to time”. - 2 - Ex-307/2019 3 . Amendment of regulation 5 : 1). In clause (ii) of sub-regulation (1) of regulation 5 of the Principal Regulations the word “Cha irman” shall be inserted between the words “concerned” and “Loca l Council”. 2). In clause (ii) of sub-regulation (2) of regulation 5 of the Principal Regulations the word “Cha irman” shall be inserted between the words “concerned” and “Loca l Council”. 3). In clause (iv) of sub-regulation (3) of regulation 5 of the Principal Regulations the word “Cha irman” shall be inserted between the words “concerned” and “Loca l Council”. 4). In sub-regulation (3) of r egulation 5 of the Principal Regulations the word “concrete building” shall be substituted by the words “ permanent building”. 5). Clause (v) of sub-regulation (3) of regulation 5 of the Principal Regulations shall be substituted by the following, namely :- “(v)Structural Drawing with Certification as in Annexure – E (1) 6). In sub-regulation (3) of regulation 5 of the Principal Regulations after clause (ix) the following clause(x) shall be added, namely:- “(x) Latest Revenue Tax Receip t/ Tax Clea rance”. “P rovided that in case of change of name (permit holder), the following docu ments shall be required - Application in plain paper, NOC from previous permit holder countersigned by Chairman Local Council, copies of Revised LSC (2 nos.)” “Provided fu rther that in the case of building up to G+2 or 10 meters in height, (v) and (vi) above shall not be necessa ry if an undertaking of struct ural safety by competent technical person registered under Aizawl Municipa l Corpor ation is enclosed with the application. “Provided also that if the applica nt and theOwnership Titleholder is not same, then NOC from theOwnership Titleholder countersigned by the concerned Chairman, Local Council shall be enclosed. In case, if t heOwnership title holder is a deceased then Heirship Certificate shall be enclosed”. 7). Sub-regulation 13 of regulation 5 of the Principal Regulations, the following shall be substituted by the following namely :- “13. “A fine ranging fr om rupees one thousa ndupto rupees ten thousand may be imposed on a technical personand/or suspension/ cancellation of his/ her technical license or both by any person authorized by the Aizawl Municipal Council on this behalf for any of the following reasons: (i)failure to supervise construction of a building in respect of which he signs the plans and drawings; (ii) failure to give commencement cer tificate in the form as prescribed under Regulation 12 read with Annexur e D; (iii) failure to report deviation from the sa nctioned plan as required under Regulation 13; (iv) failure to give completion certificate in the form as prescribed under Regulation 16 read with Annexure E; (v) preparation, on more than two occasions, of plans and drawings of a project which are not in conformity with the requirements of the Regulations, and (vi) Failure to comply with any of the Duties & Responsibilit ies of Technica l persons as stated in ANNEXURE B – 1 - 3 -Ex-307/2019 vii) Such action/inaction may be punishable by suspension or cancellation or a fine punishable under Section 374 of the Mizoram Municip alities Act, 2007 of the said technical license. Provided that no fine sha ll be imposed nor suspension/ cancellation t echnica l license shall be made without giving the concerned person a reasonable opportunity of being heard”. 4 . Amendment of regulation 7 : For regulation 7 of the Principal Regulations, a new sub-clause (c) shall be added, namely:- “(c) Permission ma y be refused or granted with conditions in high s ecurity zones as declared by the State Gover nment from time to t ime. Provided that this sub-cla use sha ll not apply to priva te land declar ed by the State Government as “ high security zone”. 5 . Amendment of regulation 8: Regulation 8 of the Principal Regulations, shall be substituted by the following, namely:- “8.Dura tion of Validity of Building Permission: - 1). The building permission once accor ded sha ll remain valid up to three years. 2). Extension of permit may be extended subject to the approval of the Sanct ioning Author ity. 3). The following infor mation shall accompany the application for r enewal of building permit: i).Application in plain paper. ii). Original building permit iii). Receipt of the or iginal fees paid 4). The building permit sha ll be deemed as cancelled if not renewed befor e the expiry of the validity per iod and a new a pplication sha ll be insisted thereaft er”. 6 . Amendment of r egula tion 18 : Regulation 18 of the Principal Regulations shall be substituted by the following, namely:- “(18) Any building/struct ure reported to be unsafe or damaged shall be examined by a technical committee to be constituted by the Aizawl Municipal Corporation which shall make a written record of its finding and recommendations. The Aizawl Municipa l Corporation shall, a fter taking the recommendations of the committee into consider ation, give necessary direction to the owner or occupier to complete repairs as may be specified or to demolish the building within specified time and sha ll be dealt with as per the pr ovision of Section139, 165 and 335 of the Act. Provided tha t the Aizawl Municipal Corpor ation shall have the power to get any building which has been declar ed as unsafe evacuated at any time with the help of police, if necessa ry”. 7 . Amendment of regulation 20 : Regulation 20 of the Principal Regulations shall be substituted by the following, namely:- “20. Fees for building permission: Fees to be paid on application for building permission shall be as per the provisions which ar e as under: 1.For a ground area upto 100 sq.mRs.150 for the Fir st storey,Rs. 300for the Second and each subsequent storey. - 4 - Ex-307/2019 2.For a ground area more tha n 100 sq.m but not exceeding 250 sq. m.Rs.300 for the First s t o r e y,Rs. 500for the Second a ndeach subs equent st or ey. 3.For a ground area more than 250 sq.m but not exceeding 500 sq.mRs. 500 for the First s t o r e y,Rs.1000for the Second a ndeach subs equent st or ey. 4.For a ground area more tha n 500 sq.m but not exceeding 1000 sq.mRs. 1000 for the First s t o r e y, Rs.2000for the Second and each subsequent storey. 5.For a ground area more than 1000 sq.m and aboveRs.2500 for the Fir st storey,Rs. 5000 for the Second andeach su bsequent storey”. 8 . Amendment of regulation 22 : (1) In clause (i) of regulation 22 of the Pr incipal Regulations under Item “Front Set Ba ck”, i).Sub-clause (a) shall be substituted by the following, namely:- “a) For all Plot sizes with vehicular access or abutting a vehicular road: 1. 2 m” ii). Sub-clause (b) shall be omitted iii). Sub-clause (c) shall be omitted iv). Sub-clause (d) shall be omitted (2) Sub-clause (d)of item “Rear Set Back” under clause (i) of regulation 22 the Principal Regulations shall be substituted by the following, namely:- “ d) Plotdepth upto 9 m: 0.6 m”. (3) Regulation 22 (ix) of the Princip al Regulations shall be substituted by the following, namely:- “(ix) In ca se of plots less than 93 sq.m and not having a vehicular approach or not abutting a vehicula r r oa d, the prescribed setbacks may be decidedin consult ation with the concerned Local Council and on submission of a NOC from the adjacent neighboring land owner(s), whereby all other requirements of the Regulation with respect to structural safety, building services, lighting and ventilation, etc are ensured”. (4) Regulation 22 (x) of the Principa l Regulations shall be substituted by the following, namely:- “(x) If, in the interest of the p ublic, it becomes necessary toprescribe or alter a ny provision of t his regu la tion ta king into consideration the Ma ster P la n/ Zonal/Ward Development Plan, the size of the plot, the a rea in which the building is situated, the height of the building or any other r elevant factor, the Aizawl Municipal Corpor ation s hall ha ve the power to do so and the reason or reasons thereof sha ll be communica ted to the applicant in writing”. 9.Amendment of regulation 23 : In R egulation 23 of the Principal Regulations, after cla use (vi), the following sub-clause (vii) shall be added, namely :- “(vii) For plots less than 46.45 sq.m, construction shall be allowed for only public utilities and services such as garage, waiting shed, public toilets, etc. in consultation with the concerned Local Council”. 10.Amendment of regulation 29 : Sub - regulation (3) of regulation 29 of the Principal Regulations, shall be substituted by the following, namely:- “(3)Fir e es cape or exter na l s tair s: Inany buildings, the fire escape placements shall be dictated by the tr avelling dista nce, the maximum of which should not be mor e than 22 meters”. 11.Amendment of regulation 34(i) : Sub - regulation (i) of regulation 34of the Principal Regulations, shall be substituted by the following, namely :- “(i) The display of advertising signs and building signs on bu ildings and land shall be in accordance withDisplay of Advertisement and Hoarding Regulations, 2013”. 12.Amendment of r egula tion 3 9: (1) In sub - regulation (1) of regulation 39 of the Principa l Regula tions, the following proviso shall be added, namely :- “Provided also that in Institutional (Medical) Buildings, Government Buildings or Special project buildings a pproved by the State Government and Assembly Buildings in case of vertica l or horizontal extension, the FAR may be relaxed on the merit of the sp ecific site conditions, provided a NOC from immediate neighbours within a radius of 20 m from the periphery of the said plot is also included”. (2) In sub - regulation (2) of regulation 39of t he Principal Regulations, the following shall be substituted, namely:- “Height Limitation: “The height of building shall be restrict ed to 19 m (64’4"); Pr ovided that if an entire floor is used as a parking space, that floor sha ll not be taken into account while calcula ting height subject to the condition that the total height of the building shall not exceed 22 m. In case of plot s smaller than 93 sq.m the height of a building sha ll not exceed 12.85 m (42’2") and in case of plots of size 93 to 130 sq.m the height of building shall not exceed 16 m (52’6"); “Provided t hat staircase cover or mumty and safety installations shall not be taken into account while calcula ting height ; Provided fur ther that the project shall mean programs implemented by the State or Central Government or projects considered special projects by the State due to the building use ; Provided also that in case of Ins titutional (Medical) Building, Government Buildings or Special project buildings a pproved by the State Government, the height may be r elaxed depending on the specific site conditions and confor mity to all other requirements of relevant regulations whereby all other requirements of the Regulation with respect to structural safety, soil test repor t, etc a re ensur ed”. (3) In s ub - regulation (3) of regulation 39 of the Principa l Regula tions, the following proviso shall be added, namely :- “Provided tha t in the case of Institutional (Medical) Building, Government Buildings or Special project buildings approved by the State Government and Assembly Buildings the ground coverage may be relaxed in the merit of each case, provided the mandatory setbacks are maintained”. 13.Amendment of regulation 44 : (1) The words ‘and from all the adjacent neighbouring plots’ appeared at para 44(2) may be deleted.- 5 -Ex-307/2019 (2) Clause (10) of regulation 44 of the Principal Regulations, shall be substituted by the following, namely :- “(10) To submit a n undertaking for the safe removal/ demolit ion of the tower on completion of its usage or due to safety aspects”. (3) Regulation 44 (10) of the Principal Regulations shall be renumbered as 44(11). 14.Amendment of regulation 49 : Regulation 49 of the Principal Regulations, shall be substituted by the following namely:- “49. Relaxation : Any provision of these regulations may b e relaxed by t he Aizawl Municipal Corporation with p rior approval of the State Government. “Provided that such approval may be deemed as approved if not conveyed within thr ee months”. 15.Addition of regulation 50 : After Regula tion 49 of the Principal Regulations, the following regulations 50, 51 and 52 shall be added, namely :- 1 ) “50)Revision :The contents of this regulations may be periodically revised from time to time”. 2 ) “51)Matters not contained in regula tions :In case of any requirements, not including in the existing provisions of t he regulations, the Aizawl Municip al Corporation may issue Notifications/ Circulars on such matters from time to time”. 3 ) “52)Interpretation : The interpretation of the regulations of the Aizawl Municipal Corporation will be final and binding”. 16.Amendment of Annexure A : After Sl No 9) of Annexu re A of the Pr incipal Regula tions, the following shall be added, namely :- “10) Receipt of latest Revenue Tax pa id”. 17.Amendment of Annexure B-I : 1)Clause (12) of Article I of ANNEXURE B-I of the Principal Regulations shall be omitted. 2)In article II of Annexure B-I of the Principal Regulations, after clause (7), clause (8) the following shall be added, namely :- “8) If it affects the neighbor ’s la nd/ property, the owner/ offender shall be fined to borne the expenditure for demolition, repair s and reconstr uction of the neighbor ’s land/ property”. 18.Amendment of Annexure C : Annexure C of the Principa l Regula tions shall be substituted by the following, namely :- ANNEXURE CFORM OF GRANT OF BUILDING PERMIT(Regulation 7(a) of the Aizawl Municipal Corpor ation Building Regulations, 2012) No.........Dated................ To, Pu/Pi _________________________________ _________________________________- 6 - Ex-307/2019 With reference to your application recorded as No _________ dated _________ for grant of permit for erection/re-erection/a lteration/addition of a semi-permanent/permanent ___________ building on a plot covered by LSC/Pass No ________ in ______ Ward in the locality of ___________(Veng), I hereby infor m you that – -permission has been granted as per the approved drawings/ documents enclosed herewith. -permission has been granted with the following modifications/conditions : (1) __________________________________ (2) __________________________________ (3) __________________________________ Period of validity of building permission: Thr ee years from the date of issue of this letter. Date _____________________ Signature of the authorized officer : ________________________________ Name : ________________________________ Designation : ________________________________ (Office Seal) Copy to : 1)Chairman, Local Council, ______________________ for favour of inf. and necessary action. 2)Technical person concerned. 3)Guard File. 19.Insertion of Annexure C : After Annexu re C-II of the Principal Regulations, the following Annexur e C -III shall be inserted, namely :- ANNEXURE C-IIIUNDERTAKING(Regulation 5(11) of the AMC Building Regulations, 2012) I hereby certify that the work in the plot covered by LSC/ Pass No. ____ in _________ Ward in the locality of _________ Veng, shall be supervised by me and will be completed in accordance with the Sanctioned building plans specifications as approved by the Aizawl M unicipal Corpor ation. I _________ hereby assure that no provisions of the Aizawl Municip al Building Regulations, 2012 will be violated. Date: ____________ Signature : __________________________ Name (in block letters) of Technical Person: ____________ License/ Registration No: ______________ 20.Insertion of Annexure D-1 : After Annexure D of the Principal Regulations, the following Annexure D-1 shall be inserted, namely :-- 7 -Ex-307/2019 Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50- 8 - Ex-307/2019 ANNEXURE D-1 FORM OF NOTICE FOR COMPLETION OF PLINTH LEVEL CERTIFICATE(Regulation 5(11) of the AMC Building Regulation, 2012) To, Secretary, Aizawl Municipal Corporation, Aizawl, Mizoram. Sir, I ha ve the honour to inform you that erection/ alteration of a building on Plot No. _____, Ward No. ______, ______ Veng has been completed upto plinth level as per Approved/ Sanctioned Building Plan vide your No. _____ dated _____ on date _____. Date: ____________ Signature : _________________________ Name (in block letters) of Technical Person: ____________ License/ Registration No: ______________ By Order, Secr etary to the Govt. of Mizoram, Urba n Development & Poverty Alleviation Department.