DELHI DEVELOPMENT AUTHORITY Notification New Delhi,, September, 2014 In exercise of powers conferred by Section 57 of the Delhi Development Act, 1957, the Delhi Development Authority with the previous approval of the Central Government, hereby makes the following regulations in pursuance to Notification No. S.O. 2894(E) dated 23 rd September, 2013. 1. SHORT TITLE AND COMMENCEMENT: i. These regulations shall be called Regulations for Incentivizing Green Buildings. ii. These regulations shall come into force with effect from the date of publication of this notification in the Gazette of India. iii. If any question arises relating to the interpretation to these regulations it shall be decided by the Central Government. 2. DEFINITIONS: In these regulations, unless the context otherwise requires, i. Act means the Delhi Development Act, 1957 as amended from time to time. ii. Authority or Delhi Development Authority means the Delhi Development Authority constituted under section 3 of the Act. iii. Bank Guarantee means a guarantee from a lending institution ensuring that the liabilities of a debtor will be met. iv. Competent authority means the Vice Chairman, Delhi Development Authority or any other officer nominated by him. v. Developer Entity means an individual land owner or a group of land owners voluntarily agreeing to participate pursuant to an agreement. vi. Incentivisation or incentivization is the practise of building incentives into an arrangement or system in order to motivate the actors within it. vii. Land shall have the same meaning as in the Transfer of Property Act, 1882. viii. Master Plan means the Master Plan for Delhi, prepared and approved under the Act, for the time being in force. ix. Penalty means a punishment imposed for breaking a law, rule, or contract. x. Rating a classification or ranking of someone or something based on a comparative assessment of their quality, standard, or performance. Page 1 of 6
xi. xii. Rating Agency means an agency awarding rating for incentivizing green buildings and is recognized by Ministry of New and Renewable Energy (MNRE), GoI &/or Ministry of Environment and Forests (MoEF), GoI. Urban Local Bodies means the concerned Municipal Corporation or Municipalities. 3. INTRODUCTION MPD-2021 as part of the Chapter on Physical Infrastructure suggested measures to promote water conservation through an integrated and a community driven model, comprising of complimentary short term and long term measures. The need for making rainwater harvesting mandatory was experienced and various notifications/ circulars have been issued. These issues were discussed as part of Review of MPD-2021 and modifications in MPD-2021 was notified on 23 rd September, 2013, which provides incentives in terms of FAR etc. These regulations provides procedure for operationalization of these incentives while sanction of building permits and post completion/ occupancy monitoring. 4. EXISTING PROVISIONS/ NOTIFICATIONS 4.1 The Ministry of Urban Development and Poverty Alleviation, Govt. of India, vide S.O. 730 dated 28.07.2001, notified following modifications in Building Bye-Laws: i. Clauses 22.4 Part-III (Structural Safety and Services) of the Building Bye-laws, 1983. ii. 22.4.1 Water harvesting through storing of water runoff including rainwater in all new buildings on plots of 100 sq. mtrs. and above will be mandatory. The plans submitted to the Urban Local Bodies shall indicate the system of storm water drainage along with points of collection of rain water in surface reservoirs or in recharge wells. These provisions will be applicable as per the Public Notice(s) of Central Ground Water Authority issued from time to time. iii. 22.4.2 All buildings having a minimum discharge of 10,000 litres and above per day shall incorporate waste water re-cycling system. The recycled water should be used for horticultural purposes. 4.2 The Hon ble L.G., Delhi issued instruction on this subject and orders in this regard were issued by Chief Engineer (HQ), DDA vide No. EM.3 (25)86//Vol.20/552 dated 09/02/2012 which was circulated in all the government departments such as CPCB, MCD, GNCTD, DDA etc. The content of the orders are reproduced below: Page 2 of 6
For conservation of water (a precious material) it has been decided that adequate corrective measures shall be under taken by all the departments in NCT of Delhi. It has been decided that while sanctioning of building plans for Group Housing Residential, Institutional and Commercial Building a mandatory condition may be inserted in the sanctioning memo that the building so constructed shall have dual piping system and mini sewage treatment plant shall be constructed within premises for treatment of sewage and utilizing the treated water for purposes other than drinking, with dual pipes system. 4.3 Provisions in Chapter 17.0 Development Code, Clause 8; clause 8(6) Services Plan of Master Plan for Delhi- 2021. The Developing Agency should provide for the following in layout plans of plots of size 3000 sq.m and above: i. Recycling of treated waste water with separate lines for potable water and recycled water. Dual piping system to be introduced. ii. Ground water recharge through rain water harvesting, conserving water bodies and regulating groundwater abstraction. iii. Treated sewage effluent should be recycled for non-potable uses like gardening, washing of vehicles, cooling towers, etc. iv. Utilities such as, underground water storage tank, roof-top water harvesting system, separate dry and wet dustbins etc. are to be provided within the plot. v. All hospitals, commercial, industrial, hotels, restaurants, auto workshops, etc. will have to make arrangements for primary effluent treatment within the plot. vi. Provide ESS and generator and to submit energy consumption/audit will be submitted at the time of sanction of building plans. vii. Provision of cavity walls, atriums, shading devices in buildings will be encouraged to make them energy efficient. viii. Solar heating system will be provided on all plots with roof area of 300 sqm and above. ix. In order to encourage the above, 1% to 4% extra ground coverage and FAR, on each, may be given as an incentive by the Urban Local Bodies, depending upon the provisions made. In exceptional cases 5% incentive may be permitted. x. These incentives shall be based on the rating criteria prescribed by Green Rating for Integrated Habitat Assessment (GRIHA) for green buildings. xi. In case of non-compliance of above, after obtaining occupancy certificate, penalty at market rate shall be levied for incentive FAR by land owning agency. The regulations for enforcement of above shall be prepared by the Director, Local Self Government, GNCTD in consultation with Environment Department, GNCTD within a period of six months (after notification of Page 3 of 6
modifications) and notified with the approval of the Authority/Central Government. 8 (6).1 Neighbourhood Level i. The listed water bodies and/or any water body above 1 ha. size are mandatory to be systematically included in the landscape plan. ii. Decentralised STPs with smaller capacities are to be provided at the community level. Possibility of generating energy/gas as fuel from sewage shall be explored. Municipal Waste of biodegradable and recyclable waste is to be segregated at source; decentralized treatment at neighbourhood level may be adopted; whereas for non-biodegradable waste centralized treatment may be followed. 5. PROCEDURE FOR OBTAINING BUILDING PERMITS A) For Plots 100 to 3000 sq m (without provision for incentive for additional FAR) i) Sanction of Plans The Building plans/ layout plans to be submitted to ULB conforming to the Gazette Notifications. ii) Obtaining Completion/ Occupancy Certificate DE will submit the Building Plans for completion certificate with Award of rating based on which the Urban Local Body will release the Completion certificate. Based on this certificate the concerned local body will give rebate of 10% on property tax for the period of 3 years. iii) Post Completion Monitoring The DE will obtain performance audit report from the rating agency every three years and will submit to the concerned local body for renewal of 10% rebate. In case of non-receipt of performance audit report the property tax will be restored and penalty shall be levy at the rate of 10% every year (maximum upto 30%). Page 4 of 6
B) For Plots 3000 Sq.m & Above (incentive as per Clause 8(6) of MPD- 2021) i) Sanction of Layout/ Services/ Building Plans DE will have option to obtain the first evaluation rating from rating agency and to submit the plans - a. Along with submission of the plans to ULB; or b. After preliminary scrutiny of plans by ULB for forwarding to DUAC, CFO etc. Accordingly on basis of this incentive FAR and ground coverage will be given by the ULB. ii) Obtaining Completion/ Occupancy Certificate In case of Layout Plan/ Building Plan, DE to submit completion/ occupancy plans to rating agency for 2nd Evaluation. The rating agency to propose the final score and rating for award of provisional rating. DE to submit the completion/ occupancy plans with award of rating from Rating Agency to the urban local body along with the bank guarantees (BG). Bank Guarantee will be based on permissible FAR value based on Circle rates notified by GNCTD for the respective areas. Urban Local body after examination will forward the plans to the Service Providing Agency for concurrence. The Urban Local Body shall release the Completion/ Occupancy certificate only after receiving bank guarantee (BG). This will be renewed for a period of three years. iii) Post Completion Monitoring The DE will obtain performance audit report and final award from Rating Agency for release of BG and he will renew the same at his own cost every three years to continue the benefits of incentive FAR. In case, DE fails to submit performance audit report to the Building department of the Urban Local Body, the Bank Guarantee will be forfeited. In case, DE fails to submit performance audit report to the Property Tax Department of the Urban Local Body, penalty shall be imposed by the enhancement in property tax by 10% every year (maximum upto 30%). Page 5 of 6
6. ULB will prepare standard operating procedure, forms etc. and placed on website for information of the public. 7. The provisions in MPD-2021 referred are subject to change from time to time. All the current modifications by the central govt., policy decisions will be applicable. 8. DE shall comply with all applicable laws, rules, regulations, bye-laws, development control norms of Master Plan. 9. ULB may modify any terms and conditions in the form of applications, required document and other relevant conditions as may be necessary from time to time. 10. Incentive FAR and Ground Coverage will be based on the rating awarded by the Rating Agency. 11. The FAR incentive will be applicable to all types of developments, redevelopment projects in all land uses such as Residential, Commercial, Public and Semi-Public and Industrial. 12. In case of addition/ alterations the incentive FAR shall be given only on additional FAR availed. Page 6 of 6