Model Heritage Regulations

Dedicated to Shyam Chainani

Founder, Bombay Environment Action Group (BEAG)

Model Heritage Regulations

CONTENTS

S.No

Chapter

Page No

1.

OBJECT

2.

SCOPE

3.

APPLICABILITY

4.

DEFINITIONS

5.

PREPARATION OF LIST

6.

CRITERIA FOR LISTING

7.

GRADING OF THE LISTED BUILDINGS / PRECINCTS

8.

DEVELOPMENT CONTROL

11

9.

EXISTING PLANS AND PROJECTS

16

10.

INCENTIVE USES FOR HERITAGE BUILDINGS

17

11.

COMPOSITION OF HERITAGE CONSERVATION COMMITTEE

18

APPENDIX I

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Model Heritage Regulations

1.

OBJECT

The object of Heritage Regulations is to safeguard, conserve, restore,

manage, and maintain the heritage of Indias cities, towns and villages, while
regulating interventions and development activities having an impact on the heritage.
2.

SCOPE

Conservation of heritage shall include buildings, artefacts, structures, streets,

areas and precincts of historic, or aesthetic, or architectural, or cultural or
environmentally significant nature (heritage buildings and heritage precincts), natural
feature areas of environmental significance and sites of scenic beauty.
3.

APPLICABILITY
The Regulations shall apply to all urban and rural areas of the State. They

shall apply to heritage sites which shall be listed, graded and notified by the State
Government under these Regulations, which are not under the purview of
Archaeological Survey of India or State Archeological Departments (hereinafter
referred to as Heritage Zones, Listed Heritage Sites, Listed Heritage Precincts, and
Listed Heritage Structures). These shall include those buildings, artefacts, structures,
streets, areas and precincts of historic, or architectural, or aesthetic, or cultural or
environmentally significant

nature (hereinafter referred to as Listed Heritage

Buildings / Listed Heritage Precincts) and those natural feature areas of

environmental significance or of scenic beauty including, but not restricted to, sacred
groves, hills, hillocks, water bodies (and the areas adjoining the same), open areas,
wooded areas, points, walks, rides, bridle paths (hereinafter referred to as listed
natural feature areas) which shall also be listed in the notification to be issued by
the State Government / identified in Master Plan. The process of listing heritage and
grading the same is mandatory in all urban and rural areas in the State within the
time frame specified under these Regulations and shall become part of Master Plan /
Development Plan / Zonal Plan/ Draft District Development Plan, Metropolitan Plan
and Regional Plan, if available for the referred area.

The list(s) issued in the Notification shall be hereinafter referred to as the

said list.
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Model Heritage Regulations

4.

DEFINITIONS
a)

Heritage building means and includes any building comprising of

one or more premises or any part thereof or structure or artefact which
requires conservation or preservation for historical or architectural or
artistic or artisanry or aesthetic or cultural or environmental or
ecological purposes and includes such portion of land adjoining such
building or part thereof as may be required for fencing or covering or in
any manner preserving the historical or architectural or aesthetic or
cultural or environmental value of such a building.

b)

Heritage Precinct means and includes spaces that require

conservation or preservation for historical or architectural or aesthetic
or cultural or environmental or ecological purpose and walls or other
boundaries of a particular area or place or building which may enclose
such space by an imaginary line drawn around it. The precinct may
also include Heritage Streets, a Mohalla or pol or any other area of
one set character.

c)

Urban Heritage refers to the built legacy of the town/city history and
includes protected and unprotected monuments, individual and group
of buildings of archaeological, architectural, historic and cultural
significance, public spaces including landscape, parks and gardens,
street layout defining identifiable neighbourhoods or precincts, which
together identify the visual, spatial and cultural character of the city.
This is tangible and is closely linked with the intangible heritage, which
confers it with meaning and significance.

d)

Cultural Heritage" designates a monument, group of buildings or

site/(s) of historical, aesthetic, archaeological, scientific, ethnological or
anthropological value.

e)

Natural Heritage designates outstanding physical, biological and

geological features; habitat of threatened plants or animal species and
areas of value on scientific or aesthetic grounds or from a conservation
perspective.
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Model Heritage Regulations

f)

Heritage Area is a buffer around a protected or unprotected

structure, precinct or site and may include protected views.

g)

Heritage Zone is the zone delineated in the Master Plan / Zonal

Plan that requires special attention in terms of heritage conservation.

h)

Heritage Site is a site which may be natural or built or open having

significant heritage value.

i)

Conservation

means

all

the

processes

of

preserving

and

maintaining a place so as to retain its historical or architectural or

aesthetic

or

cultural

significance

and

includes

maintenance,

preservation, restoration, reconstruction and adoption of a combination

of one or more of these measures.

j)

Preservation means and includes maintaining the form and fabric of

a place in its existing state and checking deterioration.

k)

Restoration means and includes returning the existing fabric of a

place to a known earlier state by removing accretions or by
reassembling existing components without introducing new materials.

l)

Reconstruction means and includes returning a place as nearly as

possible to a known earlier state and distinguished by the introduction
of materials (new or old) into the fabric. This shall not include either recreation or conjectural reconstruction.

m)

Skyline means the profile of buildings as seen from a distance.

n)

Listing means preparing an inventory of Heritage Zones, Listed

Heritage Sites, Listed Heritage Precincts, and Listed Heritage
structures as per various parameters.

o)

Grading means categorization of all listed heritage as per historical

significance.
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Model Heritage Regulations

p)

Historic Urban Landscape means ensembles of any group of

buildings, structures and open spaces, in their natural and ecological
context, including archaeological and paleontological sites, constituting
human settlements in an urban environment over a relevant period of
time, the cohesion and value of which are recognized from the
archaeological, architectural, prehistoric, historic, scientific, aesthetic,
socio-cultural or ecological point of view.

Model Heritage Regulations

5.

PREPARATION OF LIST OF HERITAGE SITES INCLUDING HERITAGE

BUILDINGS, HERITAGE PRECINCTS AND LISTED NATURAL FEATURE
AREAS
The list of heritage sites including Heritage Buildings, Heritage Precincts and

listed Natural Features Areas shall be prepared by the Commissioner/CEO,

Municipal Corporation / Municipal Council / Nagar Panchayat or Vice- Chairman,
Development Authority or District Collector as the case may be on the advice of the
Heritage Conservation Committee to be appointed by the State Government. Before
being finalized, objections and suggestions from the public are to be invited and
considered. The said list to which the Regulations apply shall not form part of these
Regulations for the purpose of Building Bye-laws or Development Control
Regulations. The list may be supplemented from time to time by the Government on
receipt of proposals from agencies concerned or by the Government suo moto,
provided that before the list is supplemented, objections and suggestions from the
public are to be invited and duly considered by the Commissioner/CEO, Municipal
Corporation / Municipal Council/Nagar Panchayat or Vice- Chairman, Development
Authority or District Collector, as the case may be on the advice of the Heritage
Conservation Committee.

When a building or group of buildings or natural feature areas are listed, it

would automatically mean (unless otherwise indicated) that the entire property
including its entire compound / plot boundary along with all the subsidiary structures
and artefacts, etc. within the compound/plot boundary, etc. shall form part of the list.

Model Heritage Regulations

6.

CRITERIA FOR LISTING

The listing of heritage may be done as per the parameters given below

Abbreviations
(a)

(b)

Value for architectural, historical or cultural reasons

Architectural

A(arc)

historical

A(his)

cultural

A(cul)

The date and/or period and/or design and/or unique use

of the building or artefact

period

B(per)

design

B(des)

use

B(use)

(c)

Relevance to social or economic history

C(seh)

(d)

Association with well-known persons or events

D(bio)

(e)

A building or group of buildings and/or areas of a distinct

architectural design and/or style, historic period or way of life
having sociological interest and/or community value
E
style
historical

(f)

The unique value of a building or architectural features or artefact

and/or being part of a chain of architectural development
that would be broken if it were lost
F

(g)
(h)

Its value as a part of a group of buildings

Representing forms of technological development

(i)

Vistas of natural/scenic beauty or interest, including

water-front areas, distinctive and/or planned lines of sight,
street line, skyline or topographical

G (grp)
H (tec)

I (sec)

(j)

Open spaces sometimes integrally planned with their associated

areas having a distinctive way of life which have
the potential to be areas of recreation
J

(k)

Natural heritage sites

(l)

Sites of scenic beauty

NH
(sec)
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Model Heritage Regulations

7.

GRADING OF THE LISTED BUILDINGS / PRECINCTS

Listed Heritage Buildings / Precincts may be graded into three categories. The

definition of these and basic guidelines for development permissions are as given in
section 7.1

Listing does not prevent change of ownership or use. However, change of

use of such Listed Heritage Buildings / Precincts shall not be permitted without the
prior approval of the Heritage Conservation Committee. Use should be in harmony
with the said listed heritage site.

7.1

IMPLICATIONS OF LISTING AS HERITAGE BUILDINGS

The Regulations do not amount to any blanket prevention of changes to

Heritage Buildings.

The only requirement is to obtain clearance from the

Commissioner,/CEO, Municipal Corporation, Municipal Council/Nagar Panchayat or

Vice- Chairman, Development Authority or District Collector, as the case may be on
the advice of the Heritage Conservation Committee.

The categories of grading and the relevant procedures are indicated under
each category in the following table.

Model Heritage Regulations

GRADE-I

GRADE-II

HERITAGE PRECINCTS

GRADE-III

A) Definition
Heritage

Grade-I

comprises
and

buildings

precincts

national

or

of

historic

Heritage

Grade-III

A heritage precinct is an

comprises of buildings

comprises

buildings

area of heritage value. It

and precincts of regional

and

or

importance

Heritage

Grade-II

local

importance

precincts

of

may consist of a number

for

of buildings and spaces,

importance,

possessing

special

townscape; that evoke

such

embodying excellence

architectural or aesthetic

architectural aesthetic,

cultural

in architectural style,

merit,

or

or sociological interest

significance

design,

historical

significance

though not as much as

recognition

usage

though of a lower scale

in Heritage Grade-II.

conservation, or it may be

and/or aesthetics; they

than Heritage Grade-I.

These

an

may

They

local

determine

which

character

and

technology

material

be

associated

or

cultural

are

contribute

to

as

streets,
or

with

heritage
worth
and

area

where

the

the

relationship

between

the

various elements creates

with a historic event,

landmarks,

personality, movement

contribute to the image

locality and can be

a special sense of place

or institution.

and

representative

like mass, scale, building

They

identity

of

the

of

of

have been and are the

region. They may be the

lifestyle of a particular

material,

prime landmarks of the

work

community or region

profile

region.

craftsmen or may be

and

be

containing

models of proportion and

distinguished

by

style

All natural sites shall

ornamentation

setting,

fall within Grade-I.

designed

of

to

master

or
suit

particular climate.

may

also

typology,

and

roof

shapes

or

architectural

or

elements.

special

Precincts are of different

the

importance and are made

faade and uniformity

up of different types of

of height, width and

elements such as houses,

scale.

trees,

or

character

of

commercial

properties
spaces

and

public

combining

create

to

unique

significance.

(B) Objective:
Heritage Grade-I richly

Heritage

Grade-II

Heritage

Grade-III

Precincts

deserves

deserves

intelligent

deserves

intelligent

appropriate

preservation.

careful

conservation.

conservation

(though

deserve
repair

and

and

very

maintenance

on a lesser scale than

sensitive development i.e.

Grade-II and special

regarding the mass, scale

protection to unique

and

features

requires conservation of

attributes).

and

setting.

It

also

its heritage and cultural

significance.

Model Heritage Regulations

(C)
Scope
for
Changes:
No interventions shall
be permitted either on
exterior or interior of
the heritage building or
natural features unless
it is necessary in the
interest

of

strengthening

and

prolonging the life of

the

Internal

changes

and

Internal changes and

Sensitive

adaptive re-use may be

adaptive re-use may

alterations,

allowed, subject to strict

by

be

and interior renovations

scrutiny. Care should be

allowed.

Changes

shall be permissible but

taken

may

include

these should not alter the

and

character of the building/

to

ensure

conservation

the

features thereof.

For

this

purpose,

absolutely

essential

and minimum changes

shall be allowed and
must

conformity
original.

be
with

in
the

and

large

additions,

of

all

extensions

aspects

for

additional buildings on

precinct.

which it is included in

the

interventions

Heritage Grade-II.

compound.

special

same

plot

or

extensions

The

new

may

be

However,

contemporary but subtle

any changes should

or inspired by the original

Grade-II(B):

be such that they are

character

In addition to the above,

in harmony and should

tasteless imitation.

extension or additional

be such that they do

Reconstruction

building on the same

not detract from the

permissible but only for

plot or compound may in

existing

heritage

buildings that are totally

certain

building/

precinct

structurally

buildings/or

precincts or any part or

they

Grade-II(A):

circumstances,

and

not

is

unsafe

as

be allowed provided that

especially in terms of

certified by a Structural

the extension / additional

height and faade and

Engineer

building is in harmony

provided

corroborated

with

extension/

(and

does

not

that

the

additional

and

Heritage

by

the

Conservation

detract from) the existing

building is not larger

Committee.

heritage building/(s) or

than

reconstruction should not

precincts especially in

building in mass and

follow

terms

scale.

byelaws but should be in

of

height

and

the

original

the

The

prevailing

faade and provided that

such

the additional building is

ensures that the building/

not

the

precinct character is not

original building in terms

diminished, yet allows for

of mass and scale

growth and good urban

larger

than

manner

which

design.
Urban Design Guidelines
should

be

prepared

separately for each of the

listed heritage precincts
as extension of the bye
laws.

All constructions

within heritage precincts

should be governed by the
said guidelines.

Model Heritage Regulations

(D) Procedure:
Development

Development permission

Development

for changes shall be

permission

changes shall be given

given

changes

by

Commissioner/CEO,

given

Commissioner/CEO,

Municipal

Corporation/

Commissioner/CEO,

Municipal

Municipal Corporation/

Municipal

Council/

Municipal Corporation/

Municipal Council/ Nagar

Municipal

Nagar Panchayat/

Municipal

Panchayat/

Vice-Chairman,

Nagar

Vice-Chairman,

Development Authority /

Development Authority

permission

for

the

Council/

Nagar

Panchayat/

by

the

Development

permission

for

for changes shall be given

would

be

by

by

the

Commissioner/CEO,

Council/

the

Corporation/

Vice-

Chairman,

Development

Vice-Chairman,

Authority

District Collector on the

Development Authority

Collector on the advice of

/ District Collector on

advice of the Heritage

/ District Collector on

the Heritage Conservation

the

Conservation

the

Committee .

Committee.

Heritage Conservation

advice

of

the

Heritage Conservation
Committee.

Reports

Panchayat/

advice

of

the

District

Committee.

stating

buildings
structurally

that

Reports

are

buildings are structurally

buildings

unsafe

structurally

unsafe

stating

should

that

be

Reports

that

Reports

are

buildings are structurally

unsafe

unsafe should be checked

stating

stating

that

should be checked by

checked by a Structural

should be checked by

by a Structural Engineer

a Structural Engineer

Engineer and duly cross

a Structural Engineer

and duly cross checked by

and

cross

checked by the Heritage

and

the Heritage Conservation

the

Conservation Committee

checked

Heritage Conservation

before

Heritage Conservation

Committee

reconstruction.

duly

checked

by

before

allowing

duly

cross
by

Committee
allowing

reconstruction.

reconstruction.

All

development

areas

in

surrounding

regulated

controlled,

and

ensuring

that it does not mar the

grandeur of, or view of
Heritage Grade-I.

before

allowing reconstruction.

Heritage Grade-I shall

be

Committee

before

allowing

E)
Vistas
Surrounding
Development:

the

All development in areas

All

surrounding

areas

Grade-II

Heritage
shall

be

development

in

surrounding

Heritage

Grade-III

All

development

precincts

should

shall be regulated and

following

ensuring that it does not

controlled,

Design Guidelines.

mar the grandeur of, or

that it does not mar

view of Heritage Grade-

the grandeur of, or

II.

view

of

be

regulated and controlled

regulated and controlled,

ensuring

within

the

Urban

Heritage

Grade-III.

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Model Heritage Regulations

8

DEVELOPMENT CONTROL

8.1

RESPONSIBILITY OF THE OWNERS OF HERITAGE BUILDINGS

It shall be the responsibility of the owners of heritage buildings and buildings

in heritage precincts to carry out regular repairs. The State Government / Municipal
Corporations / Municipal Councils / Nagar Panchayats/ Rural Local Bodies and
Authorities shall not be responsible for such repair and maintenance except for the
buildings owned by them.

8.2

RESTRICTIONS ON DEVELOPMENT / RE-DEVELOPMENT / REPAIRS

ETC.

(i)

No development or redevelopment or engineering operation or additions /

alterations, repairs, renovations including painting of the building, replacement
of special features or plastering or demolition of any part thereof of the said
listed buildings or listed precincts or listed natural feature areas shall be
allowed except with the prior permission of the Commissioner/CEO, Municipal
Corporation / Municipal Council / Nagar Panchayat or

Vice- Chairman,

Development Authority or District Collector. Before granting such permission,

the agency concerned shall consult the Heritage Conservation Committee
and shall act in accordance with the advice of the Heritage Conservation
Committee.
(ii)

Provided that, before granting any permission for demolition or major

alterations / additions to listed buildings (or buildings within listed streets or
precincts), or construction at any listed natural feature areas, or alteration of
boundaries of any listed natural feature areas, objections and suggestions
from the public shall be invited and considered by the Heritage Conservation
Committee.

(iii)

Provided that, only in exceptional cases, for reasons to be recorded in writing,

the Commissioner/ CEO,Municipal Corporation / Municipal Council / Nagar
Panchayat or Vice- Chairman, Development Authority or District Collector
may refer the matter back to the Heritage Conservation Committee for
reconsideration.
The

decision

of

the

Heritage

Conservation

Committee

after

such

reconsideration shall be final and binding.

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Model Heritage Regulations

8.3

ALTERATIONs / MODIFICATIONs / RELAXATIONs IN DEVELOPMENT

NORMS
On the advice of the Heritage Conservation Committee and for reasons to be

recorded in writing, the Commissioner,/CEO, Municipal Corporation /

Municipal

Council / Nagar Panchayat or Vice- Chairman, Development Authority or District

Collector shall follow the procedure as per Development Authority Act / Town and
Country Planning Act / Building Byelaws / Development Control Regulations to alter,
modify or relax the Development Control Norms prescribed, if required, for the
conservation or preservation or retention of historic or aesthetic or cultural or
architectural or environmental quality or beauty or vista of any heritage
building/precinct.

8.4

DEVELOPMENT PERMISSION FOR HERITAGE PRECINCTS / NATURAL

FEATURE AREAS

In case of notified streets, precincts, areas and natural feature areas,

development permissions shall be granted in accordance with

Urban Design

Guidelines prescribed for respective streets, precincts / natural feature areas which
shall be framed by the Commissioner/CEO, Municipal Corporation / Municipal
Council / Nagar Panchayat or Vice- Chairman, Development Authority or District
Collector on the advice of the Heritage Conservation Committee.

Before finalizing the same, the draft shall be published in the official gazette
and in leading newspapers in English and the local language for the purpose of
inviting objections and suggestions from the public. All objections and suggestions
received from public within a period of 30 days from the date of publication in the
official gazette shall be considered by the Commissioner/CEO, Municipal
Corporation / Municipal Council / Nagar Panchayat/ Vice- Chairman, Development
Authority / District Collector / Heritage Conservation Committee.
After consideration of the above suggestions and objections, the agency
concerned, acting on the advice of the Heritage Conservation Committee shall
modify, if necessary, the aforesaid Urban Design Guidelines for streets, precincts,
and natural features areas and forward the same to Government for notification.

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Model Heritage Regulations

Provided that pending consideration of suggestions and objections and
pending final sanction of the Government, the Commissioner/CEO, Municipal
Corporation / Municipal Council / Nagar Panchayat or Vice-Chairman, Development
Authority or District Collector/ Heritage Conservation Committee shall give due
regard to the draft regulations while considering applications for development / redevelopment etc. of heritage buildings, streets, heritage precincts, areas, listed
natural features.

8.5

PROTECTION OF VISUAL LANDSCAPE AND SURROUNDINGS

Buildings within heritage precincts or in the vicinity of heritage sites shall strive
to maintain the skyline in the precinct and follow the architectural style (without any
high-rise or multi-storeyed development) as may be existing in the surrounding area,
so as not to diminish or destroy the aesthetic value or view of, from the said heritage
sites. The development within the precinct or in the vicinity of heritage sites shall be
in accordance with the Urban Design Guidelines framed by the Commissioner/CEO,
Municipal Corporation / Municipal Council / Nagar Panchayat or Vice- Chairman,
Development Authority or District Collector on the advice of the Heritage
Conservation Committee or separate Regulations if any, prescribed for respective
zones by the Municipal Corporation / Municipal Council / Panchayat / Development
Authority / District Collector.

8.6

SIGNS AND OUTDOOR DISPLAY STRUCTURES / INCLUDING STREET

FURNITURE ON HERITAGE SITES

The Commissioner/CEO, Municipal Corporation / Municipal Council / Nagar

Panchayat or Vice-Chairman, Development Authority or District Collector on the
advice of the Heritage Conservation Committee shall frame Regulations to regulate
signs, outdoor display structures and street furniture on heritage sites. Till such
regulations are framed, the following guidelines may be followed:

A)

National Building Code to apply The display or advertising sings and

outdoor display structures on buildings and land shall be in accordance with Part X
Signs and Outdoor Display Structures of the National Building Code of India, 2005.
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Model Heritage Regulations

B)

Additional Conditions In addition to sub-regulation A, above, the following

provisions shall apply to advertising signs in different land use zones:

i)

Residential Zone : Non-flashing neon signs with illumination not exceeding

40 watts.

(a)

One name plate with an area not exceeding 0.1 sq. m. for each dwelling unit

(b)

For other uses permissible in the zone, one identification sign or bulletin
board with an area not exceeding 10 sq.m. provided the height does not
exceed 1.5 m.

(c)

For sale or For rent signs for real estate, not exceeding 2 sq. m. in area
provided they are located on the premises offered for sale or rent.

ii)

Mixed Use Zone : Non flashing business signs placed parallel to the wall and
not exceeding 1 m in height per establishment.

iii)

Commercial Zone : Flashing or non-flashing business signs parallel to the

wall not exceeding 1 m in height provided such signs do not face residential
buildings in which case only non-flashing signs shall be permitted.

C)

Prohibition of advertising signs and outdoor display structures in certain

cases:

Notwithstanding the provisions of sub-regulations A & B, no advertising sign or

outdoor display structures shall be permitted on buildings of architectural, aesthetic,
historical or heritage importance as may be decided by the Commissioner/CEO,
Municipal Corporation / Municipal Council / Nagar Panchayat or Vice-Chairman,
Development Authority or District Collector on the advice of the Heritage
Conservation Committee or on Government buildings, save that in the case of
Government buildings only, advertising signs or outdoor display structures may be
permitted if they relate to the activities of the said buildings.

D)

Provided, that if the Heritage Conservation Committee so advises, the

Commissioner/CEO, Municipal Corporation / Municipal Council / Nagar Panchayat or

Vice-Chairman, Development Authority or District Collector, shall refuse permission
for any sign or outdoor display structure.
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Model Heritage Regulations

E)

The Municipal Commissioner/CEO, Municipal Corporation / Municipal Council

/ Nagar Panchayat or Vice-Chairman, Development Authority or District Collector,

may, on the advice of the Heritage Conservation Committee, add to, alter or amend
the provisions of sub-regulations A, B and C above.
F)

Signs, outdoor display structures (including street furniture) shall require the

approval of the Heritage Conservation Committee, which may prescribe additional

requirements for the same.

8.7

RESTRICTIVE COVENANTS

Restrictions existing as imposed under covenants, terms and conditions on

leasehold plots either by the State Government or by Municipal Corporation,
Municipal Council/Nagar Panchayat or Development Authority /District Collector
shall continue to be imposed in addition to Development Control Regulations.
However, in case of any conflict with the heritage preservation, the Heritage
Regulations shall prevail.

8.8

PENALTIES

Violation of the Regulations shall be punishable under the provisions

regarding unauthorized development. In case of proven deliberate neglect of and/or
damage to Heritage Buildings and Heritage Precincts, or if the building is allowed to
be damaged or destroyed due to neglect or any other reason, in addition to penal
action provided under the Act concerned, no permission to construct any new
building shall be granted on the site if a Heritage Building or Building in a Heritage
Precinct is damaged or pulled down without prior permission of the Municipal
Commissioner/CEO, Municipal Corporation / Municipal Council / Nagar Panchayat or
Vice- Chairman, Development Authority or District Collector.

It shall be open to the Heritage Conservation Committee to consider a

request for re-building/reconstruction of a Heritage Building that was unauthorizedly
demolished or damaged, provided that the total built-up area in all floors put together
in such new construction shall not be in excess of the total built-up area in all floors
put together in the original Heritage Building in the same form and style in addition to
other conditions / controls that may be specified.
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Model Heritage Regulations

9

EXISTING PLANS AND PROJECTS

9.1

ROAD WIDENING

(i)

If road widening lines are proposed under the Master Plan, they shall be such

that they protect and not detract from the said heritage sites.

(ii)

If there are any new road widening lines proposed in the revised draft or

sanctioned Development Plans / Master Plans / Regional Plans, the Municipal

Commissioner/CEO, Municipal Corporation / Municipal Council / Nagar Panchayat or
Vice- Chairman, Development Authority or District Collector / Heritage Conservation
Committee shall consider the heritage provisions and environmental aspects while
considering applications for development permissions in these areas. Necessary
steps may be taken to modify the Development Plan / Master Plan/Regional Plan
accordingly. Pending this action, the road widening / development of new roads
shall not be carried out.

(iii)

No widening of the existing roads under the Development Plan/Master Plan /

Regional Plans shall be carried out in a manner which may affect the existing
heritage buildings (even if they are not included in a Heritage Precinct) or which may
affect listed natural features. Widening of the existing roads under the Master Plan
or Zonal Development Plan or Layout Plan shall be carried out considering the
existing heritage buildings (even if they are not included in a Heritage Precinct)
which may affect listed natural features areas.

9.2

MASTER PLAN RESERVATIONS

If there are any Development Plan / Master Plan / Regional Plan reservations
shown on heritage sites, the same shall not be implemented. If required, Municipal
Commissioner/CEO, Municipal Corporation / Municipal Council / Nagar Panchayat or
Vice- Chairman, Development Authority or District Collector, on the advice of the
Heritage Conservation Committee, shall approach the State Government to get
these reservations modified/deleted.

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10.

INCENTIVE USES FOR HERITAGE BUILDINGS

In case of buildings located in non-commercial use zones included in the

Heritage Conservation List, if the owner / owners agree to maintain the listed
heritage building as it is, in the existing state and to preserve its heritage state with
due repairs and the owner / owners / lessees give a written undertaking to that
effect, the owner / owners / lessees may be allowed with the approval of the
Heritage Conservation Committee within permissible use zones to convert part or
whole thereof of the non-commercial area within such a heritage building to
Commercial / office / hotel use.

Provided that, if the heritage building is not

maintained suitably or if the heritage value of the building is altered in any manner,
the commercial / office / hotel use shall be disallowed.
10.1

GRANT OF TRANSFERABLE DEVELOPMENT

CASES OF LOSS OF DEVELOPMENT RIGHTS

RIGHTS

If any application for development is refused under these

(TDR)

IN

Regulations or

conditions are imposed while permitting such development which deprive the owner
of any unconsumed FAR, the said owner/lessee shall be compensated by grant of
Development Rights Certificate of the nature set out in Appendix I and as may be
prescribed by Government from time to time. The extent of Development Rights
Certificate to be granted may be determined by the Municipal Commissioner/CEO,
Municipal Corporation / Municipal Council / Nagar Panchayat or Vice- Chairman,
Development Authority or District Collector, on the advice of the Heritage
Conservation Committee.
10.2

HERITAGE FUND
With a view to give monetary help for repairs of Heritage buildings a separate

fund may be created, which would be kept at the disposal of the Municipal
Commissioner/CEO, Municipal Corporation, Municipal Council/Nagar Panchayat or
Vice- Chairman, Development Authority or District Collector, who shall make
disbursement from the funds on the advice of the Heritage Conservation Committee.
The fund shall be used mainly to support the cost of listing of heritage buildings/ sites
and expert guidance and fees for architects, engineers and other experts while the
actual conservation works shall be supported by the owners or from sources other
than the Heritage Fund.
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11. COMPOSITION OF HERITAGE CONSERVATION COMMITTEE
The Heritage Conservation Committee shall be appointed by the State
Government comprising of:

(i)

Heritage Expert with 15 years experience in the

field of heritage conservation

(ii)

Chairman

Structural Engineer having experience of ten years

in the field and membership of the Institution of
Engineers, India

1 Member

Architect having 10 years experience

iii)

A)

Urban Designer

1 Member

B)

Conservation Architect

1 Member

Environmentalists having in-depth

knowledge and experience of 10 years
of the subject matter

iv)

Historians having knowledge of the region

having 10 years experience in the field

v)

1 Member

Natural heritage experts having 10 years

experience in the field

(vi)

1 Member

1 Member

Chief Town Planner, Municipal Corporation /

Development Authority

Member Secretary

(a) The Committee shall have the powers to co-opt upto five additional members
who have special knowledge of the subject matter.

Provided, that additional

members may be co-opted for special purposes or on sub-committees of the

Heritage Conservation Committee.

(b) The tenure of the Chairman and Members of other than Government
Departments / Local Bodies shall be three years.

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11.1 TERMS OF REFERENCE:

(i)

To advise the Municipal Commissioner/CEO, Municipal Corporation,

Municipal Council/Nagar Panchayat or Vice- Chairman, Development
Authority or District Collector, whether development permission is to be
granted under Heritage Regulations and the conditions of permission.

(ii)

to prepare a list of heritage sites, which include buildings, artefacts,

structures, streets, areas, precincts of historic, aesthetic, architectural,
cultural, or environmental significance and a list of natural feature areas of
environmental significance, scenic beauty including but not restricted to
sacred groves, hills, hillocks, water bodies (and the areas adjoining the
same), open areas, wooded areas, points, walks, rides, bridle paths etc. to
which the Regulations would apply.

(iii)

To advise whether any relaxation, modification, alteration, or variance of

any of the Building Bye-laws is required in the context of the Regulations.

(iv)

To frame regulations for precincts and if necessary for natural feature

areas and to advise the Municipal Commissioner/CEO, Municipal
Corporation, Municipal Council/Nagar Panchayat or

Vice- Chairman,

Development Authority or District Collector regarding the same;

(v)

To advise on the extent of Development Rights Certificate to be

granted, in terms of sub-regulation 10.

(vi)

To advise whether Development Rights Certificate may be allowed

to be consumed in a heritage precinct (in terms of sub-regulation 10,
Appendix I).

(vii)

To advise whether to allow commercial / office/ hotel use in the (name the
areas) and when to terminate the same.

(viii)

To advise the Municipal Commissioner/CEO, Municipal Corporation,

Municipal Council/Nagar Panchayat or

Vice- Chairman, Development

Authority or District Collector, in the operation of Building Bye-laws to

regulate or eliminate/erection of outside advertisements / bill boards /
street furniture.
(ix)

To

recommend

to

the

Municipal

Commissioner/CEO,

Corporation, Municipal Council/Nagar Panchayat or

Municipal

Vice- Chairman,

Development Authority or District Collector, Urban Design Guidelines to be

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adopted by those private parties or public / Government agencies who
sponsor beautification schemes at heritage sites.
(x)

To advise the Municipal Commissioner/CEO, Municipal Corporation,

Municipal Council/Nagar Panchayat or Vice- Chairman, Development
Authority or District Collector, to evaluate the cost of repairs to be given to
owners to restore the existing buildings back to the original condition. For
this purpose the Committee may also try to help the ULBs/RLBs to raise
funds through private resources.

(xi)

To prepare designs / publications for listed buildings, control of height and

essential faade characteristics such as maintenance of special types of
balconies and other heritage items of the buildings and to suggest
adoption of appropriate materials for replacement keeping the old form
intact to the extent possible.

(xii)

To advise the Municipal Commissioner/CEO, Municipal Corporation /

Municipal Council / Nagar Panchayat or Vice- Chairman, Development
Authority or District Collector on any other issues as may be required from
time to time during course of scrutiny of development permissions and in
the overall interest of heritage conservation.

(xiii)

To appear before the Government, either independently or through or on

behalf of the Municipal Commissioner/CEO, Municipal Corporation /
Municipal Council / Nagar Panchayat or Vice- Chairman, Development
Authority or District Collector, in cases of Appeals under Development
Authority / Municipal Corporation Act in cases of listed buildings and listed
precincts and listed natural feature areas.

11.2

OPINION OF THE HERITAGE CONSERVATION COMMITTEE

Nothing mentioned above should be deemed to confer a right on the
owner / occupier of the plot to demolish or reconstruct or make alterations to a
heritage building / buildings in a heritage precinct or on a natural heritage site
if in the opinion of the Heritage Conservation Committee, such demolition /
reconstruction / alteration is undesirable.

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11.3

APPROVAL TO PRESERVE THE BEAUTY OF THE AREA

The Heritage Conservation Committee shall have the power to direct,
especially in areas designated by them, that the exterior design and height of
buildings should have their approval to preserve the beauty of the area.

11.4

OWNERSHIP NOT AFFECTED

Sale and purchase of Heritage Buildings does not require any permission
from the Municipal Commissioner/CEO, Municipal Corporation / Municipal
Council / Nagar Panchayat or Vice- Chairman, Development Authority or
District Collector, or the Heritage Conservation Committee. The Regulations
do not affect the ownership or usage.

However, such usage shall be in

harmony with the said listed precincts / buildings. Care shall be taken to
ensure that the development permission relating to these buildings is given
within 60 days.

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Model Heritage Regulations

APPENDIX I
REGULATIONS FOR THE GRANT OF TRANSFERABLE DEVELOPMENT
RIGHTS TO OWNERS/LESSEES OF HERITAGE BUILDINGS/HERITAGE
PRECINCTS AND CONDITIONS FOR GRANT OF SUCH RIGHTS.
As provided for in Regulations 10.1 the development potential of a plot of land
may be separated from the land itself and may be made available to the owner of the
land in the form of Transferable Development Rights (TDR). These rights may be
made available and be subject to the conditions prescribed below:

As proposed in the Regulations, Development Rights of the owners/lessees

of any Heritage Buildings who suffer loss of Development Rights due to any
restrictions imposed by Commissioner/CEO, Municipal Corporation/Municipal
Council/Nagar Panchayat / Vice Chairman, Development Authority / District Collector
or Government under these Regulations shall be eligible for award of Transferable
Development Rights (TDR) in the form of Floor Area Ratio (FAR) to the extent and
on the conditions set out below. Such award shall entitle the owner of the Heritage
Building to FAR in the form of a Development Rights Certificate (DRC) which he may
use himself or transfer to any other person.

A DRC shall be issued only on the satisfactory compliance with the conditions

prescribed in this Appendix.

If a holder of a DRC, intends to transfer it to any other person, he shall submit

the DRC to the Commissioner/CEO, Municipal Corporation/Municipal Council/Nagar

Panchayat / Vice Chairman, Development Authority / District Collector with
appropriate application for an endorsement of the new holders name, i.e. transferee
on the said Certificate. Without such an endorsement, the transfer shall not be valid
and the Certificate shall be made available for use only by the earlier original holder.

A holder of a DRC who desires to use the FAR credit certified therein on a

particular plot of land shall attach to his application for development permission valid
DRCs to the extent required.

DRCs may be used in conformation to section 7 of APPENDIX I

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6

A DRC shall not be valid for use on receivable plots in the areas listed below:-

(a)

All listed congested areas where extra FAR shall not be allowed.

(b)

On plots falling within 50 m. on roads on which no new shops are permitted as

per Development Plan/Master Plan/Zonal Development Plan.

(c)

Any heritage building.

(d)

Any heritage precinct except with the prior approval of the Heritage
Conservation Committee and subject to compliance with the Regulations of
that particular precinct.

The user shall be permitted for utilization of the DRCs on account of

transfer of Development Rights as under:-

Zone in which designated/reserved

Uses to be permitted in receiving areas

Plot is situated
___________________________________________________________________
1.

Residential

..

Only residential uses and in

Residential zones only.

2.

Commercial

..

Commercial, if the plot where

FAR is to be utilised is situated
in Commercial Zone.

3.

Institutional

..

Institutional if the plot where the

FAR is to be utilised is situated
in Institutional Zone.

4.

Industrial

..

Industrial if the plot where the

FAR is to be utilised is situated
in Industrial Zone.

___________________________________________________________________
8

DRCs may be used on one or more plots, whether vacant or already

developed or by the erection of additional storeys, or in any other manner consistent

with these Regulations, but so as not to exceed in any plot the total built-up FAR
higher than that prescribed in clause 9 below.

The FAR of a receiving plot shall be allowed to be exceeded by not more than

40 in respect of a Development Right transferred to it. (whether in respect of a

heritage building or other).
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10

With an application for development permission, where a owner / lessee

seeks utilization of DRCs, he shall submit the DRCs to the Commissioner/CEO,

Municipal

Corporation/Municipal

Council/Nagar

Panchayat/

Vice

Chairman,

Development Authority / District Collector who shall endorse thereon in writing in

figures and words, the quantum of the DRCs

proposed

to

be

utilised,

before

granting development permission, and when the development is complete, shall

endorse on the DRC in writing, in figures and words, the quantum of DRCs actually
utilized and the balance remaining thereafter, if any, before issue of occupancy
certificate.

11

A DRC shall be issued as a certificate printed in an appropriate form

prescribed by the Government. Such a certificate will be a transferable negotiable

instrument after due authentication by the Urban Local Body / Rural Local Body
concerned. The Municipal Commissioner/CEO, Municipal Corporation, Municipal
Council/Nagar Panchayat or

Vice- Chairman, Development Authority or District

Collector, shall maintain a register in an appropriate form of all transactions, etc.

relating to grant of utilization of DRCs.

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