KERALA MUNICIPALITY BUILDING (AMENDMENT)
RULES, 2020
PREAMBLE
In exercise of the powers conferred under sections 381,
382, 383A, 387, 398 and 406 of the Kerala Municipality Act, 1994 (Act 20 of
1994), read with Section 565 thereof, the Government of Kerala hereby make the
following Rules to amend the Kerala Municipality Building Rules, 2019 issued
under notification G.O. (P) No. 77/2019/LSGD dated 2nd November, 2019 and
published as S.R.O. No. 828/2019 in the Kerala Gazette Extraordinary No. 2691
dated 8th November, 2019 namely:
Rule - 1. Short title and commencement.
(1)
These Rules may be called the Kerala
Municipality Building (Amendment) Rules, 2020.
(2)
They shall come into force at once.
Rule - 2. Amendment of the Rules.
In the Kerala Municipality Building Rules, 2019,
(1)
In Rule 2, in sub-rule (1)
(a)
in item (j), for the word
"multiplexes", the words "multiplex complexes" shall be
substituted;
(b)
in clause (I), for the figures and
words "75 centimetres", the figures and words "120 centimeters
from the highest proposed ground level" shall be substituted;
(c)
in clause (n) the words "swimming
pools, ponds" shall be omitted;
(d)
in item (q), for the words, figures
and brackets "under sub-rule (5) of Rule 3", the words, figures and
brackets "under sub-rule (6) of Rule 3 of the Kerala Panchayat Building
Rules, 2019" shall be substituted;
(e)
for clause (ar), the following clause
shall be substituted, namely.
"(ar) 'floor space index
(F.S.I.)' means the quotient obtained by dividing the total floor area by the
area of the plot. (This word is synonymous with FAR)
F.S.I = Total floor area";/Plot area
(f)
after clause (aq), the following
clause shall be inserted, namely,
"(aqa) 'total floor area' means
the built-up area of a building excluding the following, namely:
(i)
Towers, turrets, domes etc. projecting
above the terrace;
(ii)
Fifty per cent of the area in the case
of verandahs and balconies with at least one of its sides open (other than
parapets) to exterior or interior open spaces;
(iii)
Open platforms and terraces at ground
floor and porches;
(iv)
Plinth offsets (if the offset does not
exceed 5cm) and projection of columns;
(v)
Vertical sun breakers or box louvers,
architectural bands, cornices etc.;
(vi)
Area of loft, mandatory area used for
parking of vehicles within a building, area of electrical room, pump room, gas
bank, battery room for solar plant, room for air-conditioning plant, generator
room, internal sanitary shafts, air conditioning ducts. However, area occupied
by lift shall be included in any one floor.
(g)
after clause (br), the following
clause shall be inserted, namely:
"(bra) 'notified road' means any
road notified by the Corporation/Municipality or Government;
(h)
in item (cc), after the words
"Persons with disability" the words and symbols
"/Differently-abled" shall be added;
(i)
after item (ch), the following shall
be added, namely:
"(cha) 'Podium' means a
horizontal projection (platform) extending beyond building on one or more sides
up to a limit of 16 meters from the average ground level.
(j)
in item (cv), the words "central
line or" shall be omitted;
(2)
In Rule 3,
(a)
after clause (c) of sub-rule (4) the
following clause shall be inserted, namely:
"(d) the Government shall grant additional FSI or any other, incentive by
way of relaxation in these rules as deem fit for programs, schemes and projects
meant for slum improvement and redevelopment projects, affordable housing for
weaker section and poor, market redevelopment and relocation, construction of
public infrastructure like road, water supply, sewage and effluent treatment,
waste management, open spaces and greening, conservation measures, climate
change mitigation, renewable energy, municipal common civic infrastructure,
public transport including multilevel parking structures, rainwater harvesting,
disaster management etc."
(e) in
case of road widening and/or creation of any facility as prescribed in (d)
above in accordance with any published/sanctioned District Town Planning Scheme
or master plan, or under any programme of Government or local body, the FSI
permissible for abutting plots shall be based on the size of the plot without
deducting the area required for such road widening or creation of any public
facility. The restrictions related to number of floors, coverage and height
shall be waived in such case in order to avail the full FSI available on the
original plot size."
Note. The entitlement for full FSI utilization shall be
available, only for those plots, part of which is acquired/reserved/surrendered
for creation of public facilities.
(3)
In Rule 5
(a)
in sub-rule (1), in clause (b), for
the word "duplicate", the word "triplicate" shall be
substituted;
(b)
in sub-rule (4), under the table,
(i)
in SI. No. 12 after the words
"and subsequent amendments", the words and figures "Provisions
regarding the height of the building as specified in the National Building Code
of India, 2016 shall not apply to multiplex complexes" shall be added;
(ii)
against Sl. No. 13, under heading
Officer/authority after the words "Fire Station", the words "for
information" shall be inserted;
(iii)
in the third proviso, after the words
"relevant Acts", the words "Rules" shall be added;
(iv)
in the fourth proviso, the words
"Provided that the provisions regarding the height of building as
specified in the National Building code of India 2016 shall not apply to
multiplexes" shall be omitted;
(c)
In sub-rule (5),
(a)
in clause (1), after the word, letter
and symbol "Group H: Storage", the word, letter and symbols
"Group J: Multiplex Complex" shall be inserted;
(b)
In clause (2), in the proviso, for the
words "completion certificate", the words "occupancy
certificate" shall be substituted;
(4)
In Rule 8, after item (xi), the
following items shall be inserted, namely:
(xii) Livestock
building for keeping not more than 20 cows, 50 goats and poultry farms for
keeping not more than 1000 birds. For these constructions, 1.5 metre clear open
space shall be provided all around the building/structure. Bio gas plant or
gober gas plant shall be provided for these constructions.
(xiii) Mechanical Parking Structures; For height of the structure up to 10
metres, it shall be provided with minimum 1 metre open space all around the
structure. For height exceeding 10 metres, it shall be provided with minimum
1.5 metre open space all around the structure.
(xiv) Electric
Vehicle battery charging stations";
(5)
In Rule 13, Proviso shall be omitted.
(6)
in Rule 17, after sub-rule (19), the
following sub-rule shall be added, namely:
"(20) The owner shall engage a
licensee as per these rules. If the owner wishes to change the licensee before
obtaining occupancy certificate, it shall be intimated to the Secretary in
writing. Otherwise, the licensee who had certified the plans submitted for
obtaining permit shall be deemed as the licensee for the proposed
construction."
(7)
in Rule 18, in sub-rule (7), for the
words "issuing", the words "furnishing" shall be
substituted;
(8)
in Rule 20,
(a)
in sub-rule (2), for the words,
"signed by the Secretary", the words "certified by the
Secretary" shall be substituted;
(b)
in sub-rule (3),
(i)
after the word, letter and figure
"Appendix F2", the words "along with a copy of the plans duly
certified by the Secretary" shall be inserted;
(ii)
in the first proviso, for the words,
figure and brackets "sub-rule (5)" the words, figure and bracket
"sub-rule (6)" shall be substituted;
(iii)
after the first proviso the following
proviso shall be inserted, namely:
"Provided further that if any road widening project or
public facilities project is taken up by any public agency after the building
permit is issued and before the completion of the building as per the provisions
of the Detailed Town Planning Scheme/Master plan or otherwise, the deficiency
in setback due to the road widening shall not be treated as a violation of
these rules and occupancy certificate shall be issued."
(iv)
after the words, "deemed
occupancy certificate", the following shall be added, namely:
"such deemed occupancy certificate shall be accepted
by all the public authorities as proof of completion of the building in
compliance to these rules and the municipality shall accept building tax from
such date of having the occupancy certificate deemed."
(9)
in Rule 23, for the words,
"Prohibition for constructions abutting public roads", the words and
symbols "Prohibition for constructions abutting public roads/streets"
shall be substituted;
(10)
In Rule 25,
(a)
sub-rule (1) shall be substituted with
the following, namely:
"(1) All buildings existing or hereinafter proposed shall be classified,
in one of the following occupancies, according to the use or character of
occupancy, namely:
Non Residential |
Group A1 |
Residential |
Group A2 |
Lodging Houses and special residential |
|
Group B |
Educational |
|
Group C |
Medical/Hospital |
|
Group D |
Assembly |
|
Group E |
Office |
|
Group F |
Mercantile/Commercial |
|
Group G1 |
Industrial I |
|
Group G2 |
Industrial II |
|
Group H |
Storage |
|
Group I |
Hazardous |
|
Group J |
Multiplex Complex |
(b)
in sub-rule (2),
(i)
in clause (a), the word and
symbol", libraries" shall be omitted;
(ii)
in clause (e), the proviso shall be
omitted;
(iii)
for the note under clause (g), the
following note shall be substituted namely:
"Note: Any building with not more than 200 sq.metres
built up area accommodating the uses under Group C, D and E and with not more
than 300 sq. metres built up area accommodating the uses under Group H shall be
included in Group F" ;
(iv)
in the note under clause (h),
(a)
for the word and figures "30
birds", the word and figures "1000 birds" shall be substituted;
(b)
after the word, figure and symbol
"6 animals,", the words, figures and symbols" 20 cows or 50
goats," shall be added;
(c)
for the words and figures "700
square meters" the words and figures "1000 square meters" shall
be substituted.
(v)
in the Note (2) under clause (i) for
the words and figures "700 square metres" the words & figures
"1000 square meters" shall be substituted.
(vi)
in clause (j), after the words
"any building or part thereof the words "exceeding 300 square
metres of built up area" shall be added;
(vii)
in clause (I), for the words
"habitable areas like hotels and service apartments", the words
"habitable areas like service apartments" shall be substituted;
(viii)
in clause (I), after the words and
figures "shall not exceed 50 metres" the words and figures "The
height restriction of 30 meters for buildings for the same purpose under
"Assembly Category" as specified in National Building Code of India,
2016 and subsequent amendments shall not be applicable for buildings under this
occupancy group". The fire and rescue norms/standards as decided by Fire
and Rescue department shall be applicable for the height beyond 30 meters"
shall be inserted.
(11)
In Rule 26,
(a)
in sub-rule 4,
(i)
after the words “as per the Table 4”,
the following shall be added, namely:
“and if the yards stipulated in Table 4 cannot be
maintained laterally throughout due to the peculiar shape of the plot, yards as
per Table 4A shall be provided for every building up to 10 metres in height”;
(ii)
for Table 4, the following table shall
be substituted, namely:
"TABLE 4
YARDS FOR BUILDINGS UNDER DIFFERENT OCCUPANCIES |
||||||||||||||
Yards |
Buildings in Group A1 &A2 of any built up area and Buildings in
Group F with built up area not exceeding 200 sq. metres |
Building in small plots under Group A1 and F (built up area not
exceeding 200 sq. metres and plot area not exceeding 125 sq. metres) |
Buildings in Group B, C & E of built up area exceeding 200 sq.
metres |
|
Group D |
|
Group F built up area exceeding 200 sq. metres |
Group G1 |
Group G2 |
Buildings in Group H of built up area exceeding 300 sq. metres |
Group I |
Group J |
||
2 0 0-500 sq. meters |
Above 500 sq. metres |
200 500 sq. metres |
500-800 sq. metres |
Above 800 sq. metres |
built up area up to 200 sq. Metres |
built up area exceeding 200 sq. metres |
||||||||
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
12) |
(13) |
(14) |
(15) |
Front (in metre) |
3 |
1.8 |
5 |
6 |
6 |
7.5 |
10.5 |
3 |
3 |
3 |
5 |
6- |
?7.5 |
10.5 |
Rear (in metre) |
1.5 |
1 |
2 |
2* |
2 |
3 |
3 |
1.5 |
2 |
3 |
5 |
3 |
7.5 |
5 |
Sides (in metre) |
1 |
0.6 |
2 |
2 |
2 |
4 |
5 |
1 |
2 |
3 |
3 |
2 |
7.5 |
5 |
TABLE 4A
MINIMUM AND AVERAGE YARDS FOR BUILDINGS UNDER DIFFERENT OCCUPANCIES |
||||||||||||||
Yards |
Buildings in Group A1 & A2 of any built up area and Buildings in Group F with built up area not exceeding 200 sq. metres |
Building in small plots under Group A1 and F (built up area not exceeding 200 sq. metres
and plot area not exceeding 125 sq. metres) |
Buildings in Group B, C & E of built up area exceeding 200 sq. metres |
Group D |
Group F built up area exceeding 200 sq. metres |
Group G1 |
Group G2 |
Buildings in Group H of built up area exceeding 300 sq. metres |
Group I |
Group J |
||||
200-500 sq. meters |
Above 500 sq.metres |
200-500 sq.metres |
500-800sq.metres |
Above 800 sq.metres |
built up area up to 200 sq. metres |
built up area exceeding 200 sq. metres |
||||||||
(1) |
(2) |
. (3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
12) |
(13) |
(14) |
(15) |
Front Average (in metre) |
3 |
1.8 |
5 |
6 |
6 |
7.5 |
10.5 |
- |
- |
- |
- |
6 |
- |
- |
Front Minimum (in metre) |
1.8 |
1.2 |
3 |
4.5 |
4.5 |
5 |
6 |
- |
- |
- |
- |
4.5 |
- |
- |
Rear Average (in metre) |
1.5 |
1 |
2 |
3 |
2 |
3 |
3 |
- |
- |
- |
- |
3 |
- |
- |
Rear minimum (in metre) |
1 |
0.5 |
1.5 |
1.5 |
1.5 |
1.5 |
1.5 |
- |
- |
- |
1.5 |
- |
- |
|
Side Average (in metre)' |
NA |
NA |
2 |
2 |
2 |
4 |
5 |
- |
- |
- |
- |
2 |
- |
- |
Side Minimum (in metre) |
1 |
0.6 |
1.5 |
1.5 |
1.5 |
1.5 |
1.5 |
- |
- |
- |
- |
1.5 |
- |
- |
(iii)
for the first proviso the following
proviso shall be substituted, namely:
"Provided that for single family residential buildings
in plots abutting un-notified road with width less than 6 metres, the front
yard shall not be less than 2 meters."; "
Note: Average yard shall be calculated based on the area of
the yard between the building and plot boundary.";
(iv)
in the second proviso after the word
"in Table 4", the words" and 4A shall be added;
(v)
after the second proviso, the
following proviso shall be inserted, namely:
"Provided further that for buildings on podium, the
minimum yards corresponding to the height of the building including podium can
be given at two levels, i.e. one at the ground level and the other at the
topmost level of the podium. For buildings up to 16 metres height, the height
of podium shall be limited to 10 metres from ground level and in such cases,
the minimum yards as per these rules for the height of podium shall be given at
the ground level subject to a minimum of 2.5 metres. For buildings having more
than 16 metres height, the height of podium shall be limited to 16 metres from
ground level and in such cases, the minimum yards as per these rules for the
height of podium shall be given at the ground level subject to a minimum of 3.5
metres."
(ii) after the fourth proviso, the following note shall be
added "Note - Average yard shall be calculated based on the area of the
yard between the building and plot boundary";
(iii) in fifth proviso, for the words "upto two
floors" the words and figures "with height of building up to 7 metres
above ground level" shall be substituted.
(12)
Rule 27,
(a)
in sub-rule (1), for the words and
symbols
"F.S.I. = Total builtup area on all floors |
the words and symbols |
plot area" |
|
"F.S.I. = Total floor area on all floors |
shall be substituted; |
Plot area" |
|
(b)
in sub-rule (2),
(i)
in Table 6, in Sl. No. 9 for the
maximum permissible coverage of Industrial-II G2 occupancy, for the figure
"40", the figure "60" shall be substituted; (ii) in clause
(vii), for the words "built-up area", the words "floor
area" shall be substituted;
(13)
in Rule 28
(a)
in sub-rule (1),
(i)
for the words and figures "Table
7 and 8" the words, figures and symbols "Table 7, 8 and 8A"
shall be substituted;
(ii)
for Tables, the following tables shall
be substituted, namely:
"TABLE 7
ACCESS FOR GROUP A1 OCCUPANCY
Sl. No. |
Occupancy |
Total floor area of buildings in sq. metres |
Minimum width of access required in metres |
(1) |
(2) |
(3) |
(4) |
|
Group A1 Occupancy with total floor area |
Single unit up to 300 |
No minimum |
|
Multiple unit up to 300 |
1.20 |
|
|
Above 300 up to 600 |
2.00 |
|
|
Above 600 up to 1000 |
3.00 |
|
1(a) |
Above 1000 up to 4000 |
3.60 |
|
|
Above 4000 up to 8000 |
5.00 |
|
|
Above 8000 up to 18000 |
6.00 |
|
|
Above 18000 up to 24000 |
7.00 |
|
|
Above 24000 |
10.00 |
TABLE 8
ACCESS FOR OCCUPANCY GROUPS A2, B, C,
D, E, F
Sl. No |
Occupancy |
Total floor area of buildings in sq. metres |
Minimum width of access required in metres |
(1) |
(2) |
(3) |
(4) |
1 |
A2, B, C, D, E, F |
Up to 300 |
1.20 |
|
Above 300-1000 |
3.00 |
|
|
Above 1000-1500 |
3.60 |
|
|
Above 1500-6000 |
5.00 |
|
|
Above 6000-12000 |
6.00 |
|
|
Above 12000-18000 |
7.00 |
|
|
Above 18000 |
8.00 |
TABLE 8A
ACCESS FOR OCCUPANCY GROUPS G1, G2, H,
I, J
Sl. No. |
Occupancy |
Total floor area of buildings in sq. metres |
Minimum width of access required in metres |
(1) |
(2) |
(3) |
(4) |
1 |
G1, G2 |
Up to 300 |
3.00 |
|
Above 300-1500 |
3.60 |
|
|
Above 1500-6000 |
5.00 |
|
|
Above 6000 |
6.00 |
|
2 |
H |
Above 300 |
7.00 |
3 |
I |
|
7.00 |
4 |
J |
|
1200 |
(iii)
sixth proviso shall be omitted;
(iv)
in the tenth proviso, for the words
and figures "Table 7 and 8" the words, figures and symbols
"Table 7, 8 and 8A" shall be substituted;
(14)
in Rule 29
(a)
for sub-rule (1) the following
sub-rule shall be substituted, namely:
"Dimension of each off-street parking space provided
for parking motor cars shall not be less than 5.5 metres x 2.7 metres. The area
requirements for each off-street parking space for parking two-wheelers shall
be 3 square metres and 1.5 square metres respectively";
(b)
for sub-rule (3) the following
sub-rule shall be inserted, namely:
"(3) 'Parking requirement is calculated based on total floor
area.';".
(c)
for Table 9 and 10 the following table
shall be substituted, namely:
"TABLE 9
OFF-STREET PARKING SPACE FOR
APARTMENTS/FLATS
UNDER GROUP-A1
Total floor area per Dwelling Unit |
Off-street Parking Spaces at the rate of |
Up to 75 sq. metres |
1 for every 3 dwelling units |
Above 75 sq. metres up to 185 sq. metres |
1 for every dwelling unit |
Above 185 sq. metres up to 300 sq. metres |
1.5 for every dwelling unit |
Above 300 sq. metres |
2 for every dwelling unit |
TABLE 10
OFF-STREET PARKING SPACE FOR
OCCUPANCIES
OTHER THAN GROUP-A1
Sl. No. |
Occupancy |
One parking space for every or fraction of |
(1) |
(2) |
(3) |
1 |
Group A2-Lodging houses & special |
90 sq. metres of floor area for total |
|
residential |
floor area up to 1200 sq. metres and at the rate of 60 sq. metres for
the additional floor area in excess of 1200 sq. metres. |
2 |
Group B-Educational |
|
|
, (i) High Schools, Higher Secondary Schools, Junior Technical Schools,
Industrial Training Institute etc. |
(i) 300 sq. metres of total floor area |
|
(ii) Higher educational institutions |
(ii) 120 sq. metres of total floor area |
3 |
Group C- Medical/Hospital. |
90 sq. metres of total floor area |
4 |
Group D- Assembly |
20 sq. metres of total floor area Note: |
|
|
(i) In the case of wedding halls and community halls, for calculating
the floor area for the purpose of parking, the floor area of either the
auditorium or the dining hall, whichever is higher, alone need be taken. |
|
|
(ii) In the case of library, for calculating the floor area for the
purpose of parking, the area of the stacking space for books shall be
excluded. |
5 |
Group E- Office Building |
90 sq. metres of floor area for total floor area up to 1200 sq. metres
and at the rate of 60 sq. metres for the additional floor area in excess of
1200 sq. metres. |
6 |
Group F- Mercantile/Commercial building exceeding 90 sq. metres floor
area |
90 sq. metres of floor area for total floor area up to 1200 sq. metres
and at the rate of 60 sq. metres for the additional floor area in excess of
1200 sq. metres. |
7 |
Group G1- Industrial-I Building |
240 sq. metres of total floor area |
8 |
Group G2- Industrial- II Building |
240 sq. metres of total floor area |
9 |
Group H-Storage |
240 sq. metres of total floor area |
10 |
Group J Multiplex complex |
50 sq. metres of total floor area |
(v) in second proviso, for the words, figures and symbols
"120 square metres of built-up area" the words "100 square
metres of total floor area" shall be substituted;
(c) in sub-rule (4),
(i)
in clause (ii), the following sentence
shall be added at the end, namely:
"But in case of A1 occupancy, if the number of parking
is not more than 75 and in other occupancy the parking is not more than 25 the
width of ramp for driveway for two-way direction may not be provided.";
(ii)
in clause (iii) for the words and
figure "4.5 metres" the words and figure "4.0 metres" shall
be substituted. (iii) clause (vi) shall be omitted;
(d) in sub-rule (7), for the words and symbols
"built-up area", the words "total floor area" shall be
substituted;
(e) after sub-rule (11) the following sub-rule shall be
inserted, namely:
"(12) all buildings requiring
parking shall have facility for charging electrical vehicles. The government
shall notify the number of charging points to be provided in accordance with
the size and occupancy of the building as required from time to
time."
(15)
In Rule 31, in sub-rule (1),
(a)
in clause (iii), in the first proviso,
the following shall be added at the end, namely:
"and in the case of cul-de-sacs not exceeding 75
metres, it is sufficient if the street (cul-de-sac) has not less than 3 metres
width";
(b)
in clause (viii) for the figure, the
following figure shall be substituted, namely:
(c)
in clause (x), the following shall be
added at the end, namely:
"In case of layout for subdivision of land, where the
number of residential plots is less than 10 and plot area less than 0.5
hectare, approval from the Secretary is not required.
(16)
In Rule 34, in sub-rule (3), in clause
(1), the following shall be added at the end, namely:
"Area of parking given inside the building can be
deducted from the built-up area for calculating sanitation facilities.";
(17)
In Rule 35,
(a)
in sub-rule (1), in clause (2) for the
words "less than", the words "greater than" shall be
substituted;
(b)
in sub-rule (2), in clause (6) for the
word "balustrades", the word "balusters" shall be
substituted;
(18)
In Rule 43, in sub-rule (2),
(a)
for the words, figures and symbols
"6% of the total built-up area", the words, figures and symbols
"6% of the total floor area" shall be substituted;
(b)
for the words "shall be given in
ground level", the words "shall be given in ground level and may be provided"
shall be substituted;
(19)
In Rule 44, in sub-rule (3), the words
and symbol "toilets," shall be omitted;
(20)
In Rule 45, in sub-rule (6), the words
"and toilets" shall be omitted; .
(21)
In Rule 54, in sub-rule (1),
(a)
for the letter and figure
"5m", the letter and figure "6m" shall be substituted;
(b)
the words and symbol ", PWD
roads" shall be omitted;
(22)
In Rule 61
(a)
in sub-rule (1),
(i)
for the words and symbols "F.S.I.
permissible", wherever it occurs the words and symbols "maximum F.S.I
permissible" shall be substituted;
(ii)
for the word, figures and brackets
"Rule 27(2)", the words, figures and brackets "27(2) of the
respective occupancy" shall be substituted ;
(23)
In Rule 67, the words and symbols
"or cattle shed for keeping not more than six cattle and their calves or
cage/aviary for keeping not more than twenty hens or ducks" shall be
omitted;
(24)
In Rule 74, in sub-rule (1), for the
letter and figure "1.8m", the letter and figures "2.4m"
shall be substituted;
(25)
In Rule 76, in sub-rule (2), in clause
(1) after the words "hazardous occupancy buildings", the words
figures and symbols ", storage occupancy buildings and single family
residential buildings constructed in plots having area less than 5 cents and/or
having built-up area upto 300sq.metres" shall be added;
(26)
In Rule 77, for the words "so as
to generate 5% of the connected load" the words "covering a minimum
of 50 % of the roof area", shall be substituted;
(27)
In Rule 78, in sub-rule (6), the words
and symbols "for at least 1/5 of the design capacity" shall be omitted;
(28)
In Rule 79
(a)
in sub-rule (4), the following shall
be added at the end, namely "For single family residential buildings, this
distance shall be reduced to 30 centimetres";
(b)
for sub-rule (6), the following
sub-rule shall be substituted, namely:
"Water Reuse for gardening etc.
All buildings under Group A1 (Residential apartments only)
and A2 occupancy having total built-up area more than 2000 sq. metres and all
buildings under B, C, D, E, F and J occupancies having total built-up area more
than 5000 sq. meters and all buildings under G1, G2 and I occupancy where there
is industrial effluent discharge shall incorporate in-situ liquid waste
treatment plant and special provision for reusing treated waste water generated
out of the use of water.";
(c)
sub-rule (7) shall be omitted;
(29)
after Rule 79, the following rule
shall be inserted, namely:
"79A Management of Construction
and Demolition Waste.
(1)
Every permit holder for construction
of a building, and for demolition of an existing building or concrete structure
Shall be responsible for safe disposal of waste generated during the process of
such construction and demolition in accordance with the Construction and
Demolition Waste Management Rules, 2016.
(2)
The Government shall from time to time
fix the Waste disposal charges for municipalities or a group of municipalities
payable by applicants at the time of submitting applications seeking permits.
It shall be competent for Government to fix differential charges depending on
load and distance factor.
(3)
The Government shall in consideration
of the provisions of the said Rules by notification provide for mechanisms for
transportation, utilization, processing and downstream uses of the finished and
intermediary products for construction and other purposes including their mandatory
usage in specific types of infrastructure.
(4)
Municipalities shall establish or
cause to establish waste processing facilities for such wastes on Public
Private Partnership mode or outsourced model or lease franchise model or on any
structure utilizing the funds accrued from the charges and other receipts with
them including plan fund.
(5)
The Government shall provide technical
and financial support to Municipalities for the above purposes".
(30)
in Rule 80, for the figure
"4", the figure "5" shall be substituted;
(31)
in Rule 81, in sub-rule (2), in clause
(i), for the words, figures and symbols "1.50 metres", the words,
figures and symbols: "1.20 metres" shall be substituted;
(32)
in Rule 90, in sub-rule (3), the
following shall be inserted at the beginning, namely:
"Where the owner on the person for whom the work is
done fails to show cause to the satisfaction; of the Secretary, the Secretary
may confirm the order or modify the same to such extent as he may think fit to
make and such order shall then be binding on the owner or the person for whom
the work is done and on the failure to comply with the order, the Secretary may
himself cause the building, or part thereof demolished or the well dismantled,
as the case may be, and the expenses thereof shall be recoverable from the
owner or such person:";
(33)
In Appendix E1, E2, E3, E4 for the
word "certificate" the word "report" shall be substituted;
(34)
In these rules, for the words
"completion certificate", wherever it occurs the words
"completion report" shall be substituted;
(35)
In these rules, for the word,
"The Kerala Urban Arts Commission" the words; "The Art and
Heritage Commission" shall be substituted;
(36)
In the Appendices.
(i)
for "Appendix A1", the
following "APPENDIX" shall be substituted, namely:
APPENDIX-A1
[See Rules 5(1)(b), 75(1), 87(1) and
93(1)]
APPLICATION FOR PERMIT/REGULARISATION
.....................................Municipal
Corporation/Municipal Council/Town Panchayat
1. Name in capital letters |
: |
2. Address |
: |
(i) Permanent address of the owner |
: |
(ii) To which communications are to be sent |
: |
3. Nature of development/construction |
: |
(i) Division of plot |
: |
(ii) New construction |
: |
(iii) Reconstruction |
: |
(iv) Alteration/Addition/Extension |
: |
(v) Digging of well |
: |
(vi) Change in occupancy |
: |
(vii) Demolition |
: |
(viii) Roof changing |
: |
4. Details of plot |
: |
(i) Revenue Village |
: |
(ii) (a) Survey No. |
: |
(b) Resurvey No. |
: |
(iii) Sub Division |
: |
(iv) Taluk |
: |
(v) District |
: |
(vi) Extent in Sq.m. |
: |
(vii) Nature of ownership |
: |
(viii) Number and date of deed/Document |
: |
(ix) Registrar's Office |
: |
(x) Ward No. |
: |
(xi) Authorised number of the nearest building |
: |
(xii) Nearest Electric Post/Telecom Post number |
: |
5. Whether the land, if any, contiguous to this plot of the owner shown
in the site plan;[Rule 6(4)(a)(i)] |
: Yes/No |
6. Usage of surrounding plots in general |
: |
North |
: |
East |
: |
South |
: |
West |
: |
7. Whether Government or Quasi Government |
: |
8. Details of the Construction |
: |
(i)
Details of Proposed Building(s)
Floors |
Building no. 1 |
|
Building no. 2 |
|
||||
Occupancy: |
|
Occupancy: |
|
|||||
Height of the building -....... |
.......m |
Height of the building -......... |
.....m |
|||||
Use |
Built-up area (Sq.m.) |
Area provided for parking inside the building (Sq.m.) |
Floor area (Sq.m.) |
Use |
Built-up : area (Sq.m.) |
Area provided for parking inside the building (Sq.m.) |
Floor area (Sq.m.) |
|
Basement floor |
|
|
|
|
|
|
|
|
Ground floor |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total |
|
|
|
|
|
|
|
|
Add separate sheet if required, duly signed by both the
licensee and the Owner.
(ii)
Details of Existing Building(s)
Floors. |
Building no. 1 |
|
Building no. 2 |
|||||
Occupancy: |
|
Occupancy: |
||||||
Height of the building ........ |
......m |
Height of the building-...............m |
||||||
Use |
Built-up area (Sq.m.) |
Area provided for parking inside the building (Sq.m.) |
Floor area (Sq.m.) |
Use |
Built-up area (Sq.m.) |
Area provided for parking inside the building (Sq.m.) |
Floor area (Sq.m.) |
|
Basement floor |
|
|
|
|
|
|
|
|
Ground floor |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total |
|
|
|
|
|
|
|
|
Add separate sheet if required, duly signed by both the
licensee and the Owner
(iii) Total Built-up Area |
: |
(iv) Total Covered Area |
: |
(v) Total parking area provided inside the building(s) |
: |
(vi) Total Floor Area |
: |
(vii) Estimated cost of construction |
: |
9. Basic KMBR Verification w.r.t. proposed plot
Sl. No. |
Rule No. |
Description |
Required/permissible |
Provided |
1 |
|
Access width to the plot |
|
|
2 |
|
Coverage |
|
|
3 |
|
Floor Space Index |
|
|
10. Basic KMBR Verification w.r.t. proposed building(s)
(a)
Building No. 1
Sl. No. |
Rule No. |
Description |
Required/permissible |
Provided |
1 |
|
Access width to the building (in m) |
|
|
2 |
|
Minimum distance from the abutting road/access to other building(s) (in
metre) |
|
|
3 |
|
No. of Four-wheeler parking |
|
|
4 |
|
No. of Two-wheeler parking |
|
|
5 |
|
No. of Parking for Differently abled" |
|
|
6 |
|
No. of Parking for Visitors |
|
|
7 |
|
Loading/unloading space (in sq. metre) |
|
|
8 |
|
Set Backs (in metre) |
|
|
|
Front |
|
|
|
|
Side 1 |
|
|
|
|
Side 2 |
|
|
|
|
Rear |
|
|
|
9 |
|
Exit Width (in metre) |
|
|
10 |
|
No. of Stair case(s) |
|
|
11 |
|
No. of Fire Escape Stair case(s) |
|
|
12 |
|
Rainwater storage capacity (in litre) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Add separate sheet if required, duly signed by both the licensee
and the Owner
11. Provisions of Town Planning Schemes, if any, applicable
to the construction
(i)
Zoning
Sl. No. |
Name of the TP Scheme |
Stage (Sanctioned/Published) |
Zone |
Permissibility of proposed construction as per the scheme |
|
|
|
|
|
|
|
|
|
|
(ii)
Road. Widening
Sl. No. |
Name of the TP Scheme |
Stage (Sanctioned/Published) |
Existing Width of road (in m) |
Proposed Width of road (in m) |
Building Line (in m) |
Set Back Required from Existing road boundary (in m) |
Set back provided (in m) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
12. Permissibility with respect to Kerala Conservation of Paddy Land
and Wet Land Act 2008/KLU order 1967: |
(i) Type of land as per BTR: |
(ii) Type of land as per Data Bank |
13. If the application is for regularisation, |
(i) Whether construction completed or not |
(ii) If not completed, the stage of construction |
14. Details of permit/approved plan already obtained. |
15. Details of fee paid: Application fee Layout scrutiny fee |
(i) Amount |
(ii) No. and date of receipt |
16. Details of documents, plans, certificate, etc. enclosed. |
17. Details of NOC obtained. |
Sl. No |
Required |
Whether enclosed or not |
Details of the NOC/Clearances |
|
|
|
|
|
|
|
|
18.
DECLARATION
I..................................................................hereby
declare that the measurements, specifications and other details mentioned above
are correct, complete and true to the best of my knowledge and belief and that
I shall abide by the approved plan and the provisions in the Act and Rules in
undertaking the construction:''
Place: |
Signature of the applicant with name |
Date: |
19.
CERTIFICATE
Certified that the site plan is prepared after verification
of ownership document and site and the measurements shown are found to be
correct.
Place: |
Signature: |
20.
CERTIFICATE
Certified that the building plan is prepared in accordance
with the provisions in the Kerala Municipality Building Rules, 2019, Kerala
Municipality Act, 1994 and the provisions contained in the sanctioned Town
Planning Schemes. if any.
Place: |
Signature: |
21.
UNDERTAKING
I..................................hereby undertake that
the building construction and/or land development will be carried on/being
carried on/was carried on as per the approved plan and permit in accordance with
the rules in force.
Place: |
Signature: |
(ii) for "Appendix A4" the following "APPENDIX"
shall be substituted, namely: |
"APPENDIX-A4
[See Rule 5(6)(2)]
APPLICATION FOR LAYOUT APPROVAL AND
USAGE OF PLOT/CONCURRENCE
.................................................District
1. Name in capital letters |
: |
2. Address |
: |
(i) Permanent address of the owner |
: |
(ii) To which communications are to be sent |
: |
3. Nature of development/construction |
: |
(i) Division of plot |
: |
(ii) New construction |
: |
(iii) Reconstruction |
: |
(iv) Alteration/Addition/Extension |
: |
(v) Change in occupancy...... |
: |
4. Details of plot |
: |
(i) Name of Local Self Government Institution |
: |
(ii) Revenue Village |
: |
(iii) (a) Survey No. |
: |
(b) Resurvey No. |
: |
(iv) Sub Division |
: |
(v) Taluk |
: |
(vi) District |
: |
(vii) Extent is Sq.m |
: |
(viii) Nature of ownership |
: |
(ix) Ward No. |
: |
(x) Authorised number of the nearest building |
: |
(xi) Nearest Electric Post/Telecom Post number |
: |
5. Whether the land, if any, contiguous to this plot of the owner shown
in the site plan [Rule 6(4)(a)(i)] |
: Yes/No |
6. Usage of surrounding plots in general |
: |
North |
: |
East |
: |
South |
: |
West |
: |
7. Whether Government or Quasi Government |
: |
8. Details of the proposed construction |
: |
(i) Details of Proposed Building(s) |
: |
Floors |
Building No. 1 |
|
Building No. 2 |
|||||
Occupancy: |
|
Occupancy: |
||||||
Height of the building -......................................m |
Height of the building -...............m |
|||||||
Use |
Built-up area (Sq.m.) |
Area provided for parking inside the building (Sq.m.) |
Floor area (Sq.m.) |
Use |
Built-up area (Sq.m.) |
Area provided for parking inside the building (Sq.m.) |
Floor area (Sq.m.) |
|
Basement floor |
|
|
|
|
|
|
|
|
Ground floor |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total |
|
|
|
|
|
|
|
|
Add separate sheet if required, duly signed by both the
licensee and the Owner.
(ii) Details of Existing Building(s)
|
Building No. 1 |
|
Building No. 2 |
|||||
Occupancy: |
|
Occupancy: |
||||||
Height of the building -...........m |
Height of the building-...............m |
|||||||
Use |
Built-up |
Area |
Floor |
Use |
Built-up |
Area |
Floor |
|
Floors |
|
area (Sq.m.) |
provided for parking inside the building (Sq.m.) |
area (Sq-m.) |
|
area (Sq.m.) |
provided for parking inside the building (Sq.m.) |
area : (Sq.m.) |
Basement floor |
|
|
|
|
|
|
|
|
Ground floor |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total |
|
|
|
|
|
|
|
|
Add separate sheet if required, duly signed by both the
licensee and the Owner
(iii) Total Built-up Area |
: |
(iv) Total Covered Area |
: |
(v) Total parking area provided inside the building(s) |
: |
(vi) Total Floor Area |
: |
(vii) Estimated cost of construction |
: |
9. Basic KMBR Verification w.r.t. proposed plot
Sl. No. |
Rule No. |
Description |
Required/permissible |
Provided |
1 |
|
Access to the plot |
|
|
2 |
|
Coverage |
|
|
3 |
|
Floor Space Index |
|
|
10. Basic KMBR Verification w.r.t. proposed building(s)
(a)
Building No. 1
Sl. No. |
Rule No. |
Description |
Required/permissible |
Provided |
1 |
|
Access width to the building (in m) |
|
|
2 |
|
Minimum distance from the abutting road/access to other building(s) (in
metre) |
|
|
3 |
|
No. of Four-wheeler parking |
|
|
4 |
|
No. of Two-wheeler parking |
|
|
5 |
|
No. of Parking for Differently abled |
|
|
6 |
|
No. of Parking for Visitors |
|
|
7 |
|
Loading/unloading space (in sq. metre) |
|
|
8 |
|
Set Backs (in metre). |
|
|
|
Front |
|
|
|
|
Side 1 |
|
|
|
|
Side 2 |
|
|
|
|
Rear |
|
|
|
9 |
|
Exit Width (in metre) |
|
|
10 |
|
No. of Stair case(s) |
|
|
11 |
|
No. of Fire Escape Stair case(s) |
|
|
12 |
|
Rainwater storage capacity (in litre) |
|
|
Add separate sheet if required, duly signed by both the
licensee and the Owner.
11. Provisions of Town Planning Schemes, if any, applicable
to the construction
(i)
Zoning
Sl. No. |
Name of the TP Scheme (sic) |
Stage (Sanctioned/Published) |
Zone |
Permissibility of proposed construction as per the scheme |
|
|
|
|
|
|
|
|
|
|
(ii)
Road Widening
Sl. No. |
Name of the TP Scheme |
Stage (Sanctioned/Published) |
Existing Width of road (in metre) |
Proposed Width of road (in metre) |
Building Line (in metre) |
Set Back Required from Existing road boundary (in metre) |
Set back provided (in metre) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
12. If the application is for regularisation,
(i)
Whether construction completed or not
(ii)
If not completed, the stage of
construction
13. Details of permit/layout approval already obtained.
14. Details of fee paid: Application fee Layout scrutiny
fee
(i)
Amount
(ii)
No. and date of receipt
15. Details of documents, plans, certificate, etc. enclosed
16. Details of NOC/Clearances obtained.
17. Whether application for permit/regularisation is
submitted to the Local Self Government Institution: Yes/No
If Yes, file no. of the application in the Local Self
Government Institution:
18.
DECLARATION
I...................................................................hereby
declare that the measurements, specifications and other details mentioned above
are correct, complete and true to the best of my knowledge and belief and that
I shall abide by the approved plan and the provisions in the Act and Rules in
undertaking the construction.
Place: |
Signature of the applicant with name |
19.
CERTIFICATE
Certified that the site plan is prepared after verification
of ownership document and site and the measurements shown are found to be
correct.
Place: |
Signature: |
20.
CERTIFICATE
Certified that the building plan is prepared in accordance
with the provisions in the Kerala Municipality Building Rules, 2019, Kerala
Municipality Act, 1994 and the provisions contained in the sanctioned Town
Planning Schemes, if any.
Place: |
Signature: |
21.
UNDERTAKING
I..........................................hereby undertake
that the building construction and/or land development will be carried on/being
carried on/was carried on as per the approved plan and permit in accordance
with the rules in force.
Place: |
Signature: |
(iii) For "Appendix B2", the following
"APPENDIX" shall be inserted namely:
APPENDIX B2
[See Rule 6(17) & 9(4)]
SITE APPROVAL AND BUILDING PERMIT
...............................................................................Municipal
Corporation/Municipal Council/Town Panchayat
No.................................... |
Dated.......................................... |
Ref:Application dated.....................from
Sri/Smt.:.....................
Site approval and permission is granted for the
erection/re-erection/addition/alteration of building/hut/digging of
well/.........................(specify the constructi on) in building
No.................or near the building
No........................................in
Survey/Re-survey No.................Village......................................Taluk.................................District...............................................for.................................(specify
the occupancy) purpose subject to the conditions stated below:
(1)
Adequate safety measures shall be
ensured for protection against damage to health, life, buildings and property
of the workers and inhabitants around, during and after building construction.
The owner and the developer shall be solely responsible for any such damages.
(2)
..............................................................
(3)
.............................................................'
(4)
..............................................................
(a) Set backs (m) (minimum & average) |
||
|
Building 1 Front Rear Side |
Side -1 Side 2 |
|
Building 2 Front Rear Side |
Side-1 Side 2 |
|
Building 3 Front Rear Side |
Side-1 Side 2 |
(b) |
Plot Area (sq m) |
|
(c) |
FSI: Coverage : |
|
(d) Details of proposed building
Floors |
Building No. 1 |
Building No. 2 |
||||||
Occupancy: |
Occupancy: |
|||||||
Height of the building -...............m |
Height of the building -...............m |
|||||||
Use |
Built-up area (Sq.m.) |
Area provided for parking inside the building (Sq.m.) |
Floor area (Sq.m.) |
Use |
Built-up area (Sq.m.) |
Area provided for parking inside the building (Sq.m.) |
Floor area (Sq.m.) |
|
Basement floor . |
|
|
|
|
|
|
|
|
Ground floor |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total |
|
|
|
|
|
|
|
|
Signature and name of Secretary |
(Seal)
(iv) For "Appendix C", the following
"APPENDIX" shall be substituted namely:
"APPENDIX C
[See Rule 10 (7)]
Concurrence/Usage of Plot
No......................................
Dated......................
Name of the Local Self Government Institution:
Ref: (1) Application dated.....................from
Sri/Smt.......................
(2) Permit No. ..........................................
Dated............................................Concurrence
is granted for proceeding with the construction above the ground level as per
the permit cited in Ref. (2)
for.............................................................(specify the
construction) in building No.........................................or near
the building No. ............in Survey No./Re-Survey
No...........................in.............................Village
in............Taluk in.........................District..............................for..............................(specify
the occupancy) purpose subject to the conditions stated below:
(i)
..........................................................................................................
(ii)
..........................................................................................................
(iii)
..........................................................................................................
(iv)
..........................................................................................................
(1)
Built-up area and Floor area of the
building are as follows:
Floor |
Built-up area (sq.m.) |
Floor area (sq.m.) |
Basement Floor |
|
|
Ground Floor |
|
|
First Floor |
|
|
|
|
|
|
||
Total |
|
|
(2)
FSI Coverage
(3)
Access width (m)
Place: |
Signature and name of Secretary" |
Date: |
(Seal)
(v) For "APPENDIX-G1", the following
"APPENDIX" shall be substituted inserted namely:
"APPENDIX-G1
[See Rule 95(3)]
...................................................Municipal
Corporation/Municipal Council/Town Panchayat
ABSTRACT
BUILDING CONSTRUCTION/LAND DEVELOPMENT WITHOUT PERMISSION
OR DEVIATION FROM APPROVED PLAN-REGULARISATION GRANTED - ORDERS ISSUED
Ref:Application dated.....................from
Sri/Smt...........................No.........................Dated.............................
ORDER
WHEREAS the application submitted by
Sri/Smt....................................for regularisation of a construction
or reconstruction or alteration or addition of......................(specify
the use) building/hut/shed/wall/erection of telecommunication tower or pole
structure/digging of well/conversion of roof/conversion or erection of shutter
or door/land development/any other work (....................specify)
commenced/being carried on/completed in the land comprised in Sy. No./Resurvey
No.................................Village...............................Taluk.......................................
District......................................in the building bearing No........................../near
the building bearing No..................has been duly considered by me and
decision to regularise the same has been communicated in letter
No....................................dated......................
AND WHEREAS the said
Sri/Smt............................................has remitted
Rs................as compounding fee
............................................. vide receipt
No............................dated......................................and
has complied with the directions/conditions stipulated in the letter
dated....................
NOW, THEREFORE, in exercise of the powers conferred by
Section 406 of the Kerala Municipality Act, 1994, I....................(name),
Secretary of the.................. Municipal Corporation/Municipal Council/Town
Panchayat hereby order that the said person has been absolved from the
liabilities in respect of the construction or reconstruction or alteration or
addition of................................ (specify the use) building/hut/shed/wall/erection
of telecommunication tower or pole structure/digging of well/conversion of
roof/conversion or erection of shutter or door/land development/any other work
(..............specify) and that the construction or reconstruction or alteration
or addition of..............(specify the use) building/hut/shed/wall/erection
of telecommunication tower or pole structure/digging of well/conversion of
roof/conversion or erection of shutter or door/land development/any; other work
(.....................specify) has been regularised.
Built-up area and Floor area of the regularized part of the
building are as follows:
Floor |
Built-up area (sq.m.) |
Floor area (sq.m.) |
Basement Floor |
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Ground Floor |
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First Floor |
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.................................................... |
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............................................................ |
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Total |
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(Continuation of the work, if any, as per the drawings
submitted shall be subject to permit No.....................dated.......................being
issued herewith.) (strike off if not applicable) Plans and details of the
construction regularised are appended with this order.
Signature of Secretary" |
(Seal)
(vi) For "Appendix G2" the following "APPENDIX"
shall be inserted, namely:
"APPENDIX-G2
[See Rule 95 (3)]
REGISTER FOR REGULARISED CONSTRUCTIONS
...............................................Municipal
Corporation/Municipal Council/Town Panchayat
Sl. No. |
Name and address of applicant/owner |
Date of application with date of receipt |
Details of amount etc. of application fee paid |
Details of total built-up area of building existing/regularised |
Details of total floor area of building existing/regularised |
Area of land, survey No./Re-survey No. Village, Taluk, etc. |
Date and No. of intimation permitting regularization with date of
despatch |
Amount, date etc., of regularization fee paid |
Details of regularization order issued |
Remarks |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8. |
9 |
. 10 |
11 |
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vii. In Appendix E3, E4, F1 and F2, the words and symbols
"Enclosure: Completion Plan" shall be added at the end; viii. In
AppendixH2,
(i)
In AppendixH2, in the qualifications
for Engineer B the following shall be added at the end, namely
"(ii) Any person having 3 years of experience as Supervisor Senior";
(ii)
in the functions for the category
Supervisor Senior, the words and symbols
"(iii) To prepare and sign layout plans up to one hectare" shall be
added;
(iii)
in the functions for the category Supervisor
A, the words and symbols
"(iii) To prepare and sign layout plans up to one hectare" shall be
added;".