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Himachal Govt issues notification permitting attic habitable

Himachal Pradesh Government issued a notification to amendment in the town country planning rules to make attic floors habitable.

A four paged notification approved by Himachal Pradesh Governor issued on May 31, 2023, has amended the Himachal Pradesh Town and Country Planning Rules, 2014.

The government inserted sub-rules in the existing 16 rules of the Himachal Pradesh Town and Country Planning Rules, 2014 which govern the attic of any house in the planning area.

Amended sub-rule ( 3 ) ( a ) states that in case of a habitable attic, the following fee shall also be levied apart from fees payable under rule 16 ( 2 ) for cases that involve premium F.A.R. up to 0.25.

The area projection below the portion of the roof has a height of 2.1 m or more (in Sqm.)  in the Residential area is Rs 50000 to be charged up to 40 Sqm, Rs 75000 up to 40-60 Sqm. Rs one lac up to 60-100 Sqm. Rs 1000 per square meter for more than 100 Sqm.

 The rates for other than residential use including real estate projects shall be 1.6 times of above rates.

The Development Plan or Interim Development Plan for the time being in force, as applicable in respect of any planning or special area notified under the statutory provisions of the Himachal Pradesh Town & Country Planning Act, 1977, the attic shall be permissible for habitable use. 

Premium FRA of 0.25 shall be permissible for a habitable attic for which an additional fee as prescribed under rule 16 (3) shall be payable. However, the attic shall be within the maximum permissible height of the building as provided under such regulations of the Development Plan or Interim Development Plan Wherever a habitable attic is proposed, the height of the sloping roof at case may be.

Whatever habitable attic is proposed, the height of the slipping roof at caves may vary from 0 to 0.75 M and the maximum height of the ridge at the center shall be flexible subject to the maximum permissible height of the building.

 In the case of a habitable attic, only the area with a clear height of 2.1 meters shall be counted towards F.A.R.

( ii ) Attic and Basement: a ) the option of a habitable attic shall be available for Residential and all other uses. A separate fee shall be chargeable for the habitable attic in each block. 

Notwithstanding anything contained under the general regulations of any DP/ IDP  for the time being in force, as applicable in respect of any planning or special area notified under the statutory provisions of the Himachal Pradesh Town & Country Planning Act, 1977, the attic shall be permissible for habitable use.

 Premium F.A.R. of 0.25 shall be permissible for a habitable attic for which an additional fee as prescribed under rule 16(3) shall be payable. However, the attic shall be within the maximum permissible height of the building as provided under such regulations of DP / IDP as the case may be. 

 The habitable basement shall be counted as an independent story. “

The notification said that If any person, likely to be affected by these draft rules has any objection(s) or suggestion(s) against these draft rules, he/she may send the written objections or suggestions to the Principal Secretary (TCP) to the Government of Himachal Pradesh, Shimla within a period of thirty days from the date of publication of the said draft rules in the Rajpatra (e-Gazette), Himachal Pradesh.

The notification shall come into force from the date of their publication in the Rajpatra (e-Gazette).

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