KERALA PANCHAYAT BUILDING RULES, 2019

 

PREAMBLE

In exercise of the powers conferred by Sections 235A, 235B, 235F, 235P, 235W read with Section 254 of the Kerala Panchayat Raj Act, 1994 (13 of 1994) and in supersession of the Kerala Panchayat Building Rules, 2011 issued under G.O. (Ms.) No 41/2011/LSGD. Dated 14th February, 2011 and published as S.R.O. No. 127/2011 in Kerala Gazette Extraordinary No. 351 dated 14th February, 2011, the Government of Kerala hereby make the following rules, namely:

CHAPTER I DEFINITIONS

Rule - 1. Short title, applicability and commencement.

(1)     These rules may be called the Kerala Panchayat Building Rules, 2019.

(2)     They shall apply to area under all Village Panchayats in the State.

(3)     They shall come into force at once.

Rule - 2. Definitions.

(1)     In these rules, unless the context otherwise requires,

(a)      'access' means a clear approach to a plot or a building;

(b)      'accessory building' means a building separated from the main building on a plot, and containing one or more accessory uses;

(c)      'accessory use' means any use of the premises, subordinate to the principal use, and customarily incidental to the principal use;

(d)      'Act' means the Kerala Panchayat Raj Act, 1994 (20 of 1994);

(e)      'advertising sign' means any surface or structure with characters, letters or illustrations applied thereto and displayed in any manner whatsoever outdoors for the purpose of advertising or giving information or to attract the public to any place, person, public performance, article, or merchandise, and which surface or structure is attached to, forms part of, or is connected with any building, or is fixed to a tree or to the ground or to any pole, screen, fence or hoarding or displayed in space, or in or over any water body.

(f)       'alteration' means a structural change, such as an addition to the area or height, or addition of floor/floors or mezzanine floors within any existing floor height or change of existing floor or changing the roof to concrete slab or reconstruction of existing walls or construction of concrete beam and columns amounting to structural change or construction of internal walls for sub dividing the existing rooms with the intention of changing the use of rooms which amounts to change in occupancy group of the building under these rules or closing of any required means of ingress or egress to the building;

(g)      'apartment' means a building, accommodating more than two dwelling units for residential purpose. This word is synonymous to 'residential flat'.

(h)     'appendix' means the appendix to these rules;

(i)       'approved plan' means the set of drawings and statements submitted under these rules for obtaining development permit or building permit and duly approved by the Secretary;

(j)       'assembly building' means a building or a floor or part of a floor of a building used for gathering of persons for the purposes of amusement, deliberation or entertainment but does not include multiplexes.

(k)      'balcony' means a horizontal projection, including a hand rail, or balustrade to serve as passage or sitting out place;

(l)       'Basement floor' means any lower storey of a building partially or fully below the lowest contiguous proposed ground level provided that, the part of such storey above ground level shall not exceed 75 centimeters. This word is synonymous with 'cellar'.

(m)    'bathroom' means a room or cubicle for bathing;

(n)     'building' means any structure for whatsoever purpose and of whatsoever materials constructed and every part thereof whether used for human habitation or not and includes foundation, plinth, walls, floors, roofs, chimneys, plumbing and building services, fixed platforms, verandah, balcony, cornice or projection, part of a building or anything affixed thereto or any wall enclosing or intended to enclose any land or space and signs and outdoor display structures, tanks constructed or fixed for storage of chemicals in any form and for storage of water, effluent, swimming pool, ponds etc.,

(o)      'building line' means the line up to which the plinth of a building adjoining a street or an extension of a street or a future street may lawfully extend. It includes the lines prescribed, if any, in any town planning scheme in force in the area beyond which no portion of the building may extend except as prescribed in these rules. The building line may change from time to time as decided by the authority.

(p)      'Built- up area' means the total area covered by the building at all floor levels. It shall also include area of mezzanine floor, galleries, barsati and pent house at terrace level;

(q)      Category-I Village Panchayat means a Village Panchayat notified as Category I Village Panchayat by the Government under sub-rule (5) of Rule 3; Category-I I Village Panchayat means a Village Panchayat notified as Category-I I Village Panchayat by the Government under sub-rule (5) of Rule 3;

(r)      'ceiling' means the internal roof/lining of any room; in case there is no such lining, the roof membrane shall constitute the ceiling;

(s)      'Chief Town Planner' means the Chief Town Planner to the Government of Kerala;

(t)       'chimney' means an upright shaft containing and encasing one or more flues;

(u)     'cladding' means those components of a building which are exposed to the outdoor and indoor environment and are intended to provide protection against wind, vapor and heat;

(v)      'connected load' means sum of the maximum amount of wattage that is allocated to all applicants or owner of a building or part of a building, who have sought electricity connection for the completed buildings or part thereof;

(w)     'contract demand' means the demand (load in terms of KVA) based on the requirement between the building owner and power supplier;

(x)      'conversion' means the change from one occupancy to another occupancy or any change in building structure or part thereof resulting in a change of space and use requiring additional occupancy certificate.

(y)      'corner plot' means a plot abutting two or more intersecting streets.

(z)      'corridor' means an exit serving as a passageway communicating with separate rooms or with different parts of a building or with different buildings;

(aa) 'Covered area' means the ground area covered by the building and is synonymous to area of the building foot print. It shall include covered parking. It does not include the spaces covered by:

(i)       Garden, rockery, well and well structures, plant, nursery, water tank, swimming pool (if uncovered), platform around a tree, tank, fountain bench and like:

(ii)      drainage, culvert, conduit, catch pit, gully pit, drainage chamber, gutter and the like:

(iii)     flight of steps and ramps all open to sky, cantilevered car porch, compound wall, gate, slide, swing, areas covered by sunshade and the like.

(iv)    storeys fully below the ground level

(ab) 'coverage' means the percentage of covered area with respect to the plot area.

(ac) 'Cul-de-sac' means a street with dead end having adequate maneuvering space facility for vehicles.

(ad) 'Developer' means any individual or group of individuals or any firm (by whatever name called) who undertakes any building activity including construction, reconstruction, repairs, additions or alterations of buildings or development or redevelopment of land on behalf of the owner or by himself who has obtained permit under the provisions of these rule, through an agreement executed between them.

(ae) 'development of land' means any material change on the use of land other than for agricultural purpose brought about or intended to be brought about by filling up of the land or changing from the existing former use of the land, layout of streets and foot paths, provision of water supply, sewerage, drainage, electrification, landscaping, subdivision of land for residential plots or for other uses including layout of internal streets, developing parks, play grounds and social amenities of the like, but does not include legal partitioning of family property among heirs.

(af) 'Development plan' means the plan(s)/scheme(s) to any area under Town and Country Planning legislation in force in the state (This word is synonymous with Town Planning schemes);

(ag) 'double frontage plot' means plot having a frontage on the two streets other than a corner plot;

(ah) 'drain' means a sewer, pipe, ditch, channel and any other device for carrying of sewage, offensive matter, polluted water, sullage, waste water, rain water or sub-soil water and any ejectors, compressed air mains, sealed sewage mains and special machinery or apparatus for raising, collecting, expelling or removing sewage or offensive matter to the sewage outfall;

(ai)   'drainage' means the removal of any liquid by a system constructed for the purpose;

(aj) 'dwelling' means a building or a portion thereof which is designed or used wholly or principally for residential purposes;

(ak) 'dwelling unit' means a room or suites of rooms designed and intended for habitation by an individual or household in which facilities for cooking may or may not be provided;

(al)   'escalator' means a moving staircase consisting of an endlessly circulating belt of steps driven by a motor which conveys people between floors of a building.

(am) 'exit' means a passage, channel or means of egress from any building, storey or floor to a street or other open space of safety;

(an) 'external wall' means an outer wall of a building; it also means a wall abutting on an interior open space of any building;

(ao) 'factory' means any premises including the precincts thereof used or proposed to be used for any purpose as defined under the Factories Act, 1948 (Act 63 of 1948) and which comes under the purview of the said Act;

(ap) 'family' means a group of individuals normally related in blood or connected by marriage living together as a single house-keeping unit and having common kitchen arrangements; customary resident domestic servants shall be considered as adjunct to the term 'family';

(aq) 'floor' means the lower surface in a storey on which one normally walks in a building. The general term 'floor' unless otherwise specifically mentioned, shall not refer to a mezzanine floor;

Note. The sequential number of floor shall be determined by its relative position with respect to the Ground floor. The floors above the ground floor shall be called in sequence as First floor; Second floor, Third floor etc with number increasing upwards and the floors below the ground floor shall be called in sequence as Basement floor-1, Basement floor-2, Basement floor-3 etc with number increasing downwards.

(ar) 'floor space index (F.S.I.)' means the quotient obtained by dividing the total built up area by the area of the plot. (This word is synonymous with FAR) F.S.I. = Total built-up area Plot area

(as) 'flue' means a confined space or a duct for the outflow of smoke and waste gases produced by a fire, a gas heater, other fuel burning installation any product of combustion or resulting from the operation of any heat producing appliance or equipment employing solid, liquid or gaseous fuel;

(at) 'frontage' means side or part of a side of a plot which abuts a street;

(au) 'front yard' means an open space extending laterally along the front side (main entrance side of ground floor) of a building and forming part of the plot; Note: Where more than one entrances to a building are provided at the ground floor, the entrance giving access to the major portion of the ground floor shall be considered as the main entrance;

(av) 'gallery' means an intermediate floor or platform projecting from a wall of an auditorium or a hall providing extra floor area, additional seating accommodation, etc.;

(aw) 'garage' means a building or portion thereof, used or intended to be used for the shelter, storage or repair of any mechanically propelled vehicle;

(ax) 'Government' means the Central or State Government;

(ay) 'Government Approved Private Information Technology Building' means any Information Technology Building constructed in the private sector and approved by the Information Technology Department of Government of Kerala, which does not fall under the category of Government Approved Private Information Technology Park and Government Owned Information Technology Park;

(az) 'Government Approved Private Information Technology Park' means any Information Technology Park promoted by a private entity, which is approved by the Information Technology Department of Government of Kerala;

(ba) 'Government Owned Information Technology Park' means any Information Technology Park promoted by an entity of the State Government or Central Government, which is approved by the Information Technology Department of Government of Kerala;

(bb) 'Green building' means the one which uses less water, optimises energy efficiency, conserves natural resources, generate less waste and provide healthier spaces for occupants, as compared to a conventional building as specified by Indian Green Building Council;

(bc) 'Ground floor' means:

(i)       the lowest floor of a building in the case of the building without basement floor(s) and;

(ii)      the floor above the uppermost basement floor, in the case of building with basement floor(s).

(bd) 'habitable room' means a room occupied or designed for occupancy by one or more persons for study, prayer, living, sleeping, eating, kitchen if it is used as dining room, but not including bathrooms, water-closet compartments, laundries, serving and storage pantries, corridors, attics and spaces that are not used frequently or during extended periods

(be) 'head room' means the clear vertical distance measured from the finished floor surface to the finished ceiling surface; where a finished ceiling is not provided, the underside of the joists or beams or tie beams shall determine the upper point of measurement;

(bf) 'height of building' means the vertical distance measured from the average proposed ground level contiguous to the building;

(i)       in the case of flat roofs, to the highest point of the flat roof;

(ii)      in the case of pitched roofs and gabled roofs, to the midpoint between the eves level and the ridge;

(iii)     in the case of domed roofs, to the highest point of the dome; provided that architectural features appurtenant roof structures like staircase tower, overhead tanks, air-conditioning plant rooms, lift rooms, cellular telecommunication equipments, tower structures, chimneys, rooftop helipad, open swimming pools, parapet walls and similar roof structures other than pent houses shall not be included in the height of the building.

Note. for arriving at the average proposed ground level, the average of the lowest proposed ground level and the highest proposed ground level contiguous to the building shall be taken.

(bg) 'height of room' means the vertical distance between the floor and the lowest point excluding beam and column on the ceiling of the room;

(bh) 'hut' means any building constructed principally of wood, mud, leaves, grass, thatch or such easily perishable material.

(bi) 'Information Technology Building' means a building occupied by industries, any other business establishments, whose functional activities are in the field of Information Technology, Information Technology Enabled Services (IT/ITES) and Communications Technology of the total built up area in such buildings, at least 70% of the area should be earmarked for this purpose and the remaining may be utilized for supporting activities like restaurants, food courts, meeting rooms, guest houses, recreational facilities;

(bj) 'Information Technology Park' means an integrated township, which may contain Information Technology Buildings, as well as other buildings. The Information Technology Buildings in the Information Technology Park shall be constructed for the purpose of carrying out the activities set out in clause (bi) for Information Technology Buildings and the remaining buildings in the Information Technology Park are meant to play a complimentary role, supporting the activities in the Information Technology Buildings. In the Information Technology Park, 70% of the land area is to be set aside for the construction of Information Technology Buildings and the remaining land area may be utilised for all the supporting activities. The buildings for the supporting activities may include residential buildings, recreational facilities, educational facilities, convention centres, hospitals, hotels and other social infrastructure meant to support the activities in the Information Technology Buildings and Information Technology Parks;

(bk) 'interior plot' means a plot, access to which is by a passage from a street whether such passage forms part of the plot or not;

(bl) 'Certified Energy Auditor (Building)' means a person who fulfills the eligibility criteria specified in the Energy Conservation (Minimum qualification for Energy Auditors and Energy Managers) Rules, 2006 and has qualified National Examination for Energy Conservation Building Codes Compliance; However, till the conduct of Certification of Certified Energy Auditor (Building) through National Examination for Energy Conservation Building Codes Compliance, the status quo Stated in Para 3. Initiation of Construction, in the Kerala State ECBC, 2017 shall be complied with;

(bm) 'lift well' means the unobstructed space within an enclosure provided for the vertical movement of the lift car and any counter weight including the lift pit and the space for top clearance;

(bn) 'loft' means a residual space in a pitched roof, or any similar residual space, above normal floor level without any direct staircase leading to it which may be constructed or adopted for storage purposes;

(bo) 'mechanised parking' include, parking and retrieval of vehicles by mechanical means;

(bp) 'mezzanine floor' means an intermediate floor in any storey overhanging and overlooking a floor beneath;

(bq) 'multiple occupancy building' means any building which accommodates more than one occupancy other than Group G2, Group I and Group J as per these rules;

(br) 'Panchayat' means a village panchayat, a block panchayat, or a district panchayat constituted under Section 4 of the Act.

(bs) 'occupancy group' means the principal occupancy for which a plot, a building or a part of a building is used or intended to be used; for the purposes of classification of a plot or building according to occupancy, an occupancy shall be deemed to include the subsidiary occupancies which are contingent upon it;

(bt) 'open space' means an area, forming an integral part of the plot, left open to the sky;

(bu) 'operational construction' means a construction whether to be temporary or permanent which is necessary for the operation, maintenance, development or execution of any of the services essential to the life of the community as declared by the Central or State Government from time to time;

(bv) 'owner' in respect of land or building, means the person who receives the rent for the use of the land or building or would be entitled to do so if they were let and includes,

(i)       an agent or trustee who receives such rent on behalf of the owner or is connected with any building devoted to religious or charitable purpose;

(ii)      a receiver, executor or administrator or a manager appointed by any court of competent jurisdiction to have the charge of or to exercise the rights of the owner;

(iii)     mortgagee in possession; and

(iv)    a lessee in possession;

(bw) 'parapet' means a low wall not more than 1.2 m in height built along the edge of a roof or a floor;

(bx) 'parking building' or 'parking plaza' means an independent building used exclusively for off-street car parking;

(by) 'parking space' means an area enclosed or unenclosed, sufficient in size to park vehicles, together with a driveway connecting the parking space with a street and permitting ingress and egress of vehicles;

(bz) 'passage way' means a means of access;

(ca) 'pathway' means an approach constructed with materials, such as bricks, concrete, stone, asphalt or the like;

(cb) 'permit' means a permission or authorisation in writing by the Secretary to carry out work;

(cc) 'Persons with disability' means, persons with disability as defined in clause (1) of Section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996);

(cd) 'plinth' means the portion of a structure between the surface of the surrounding ground and surface of the floor, first above the ground;

(ce) 'plinth area' means area of the building at the plinth level, and shall not include the area of open porch (not enclosed by wall), uncovered staircase;

(cf)   'plot' means a parcel or piece of land enclosed by definite boundaries as described in the document in support of ownership of the plot;

(eg) 'plot area' means the area of the land as per the records of the revenue authorities as authenticated by a possession certificate, land tax receipt issued by the Village Officer;

(ch) 'plot depth' means the mean horizontal distance between the front and rear plot boundaries;

(ci)   'porch' means a canopy supported on pillars or otherwise and used for the purpose of pedestrian or vehicular approach to a building;

(cj)   'rear yard' means the open space extending laterally along the rear side of the plot and forming part of the plot; any side yard can be interchanged with rear yard.

(ck) 're-development of land' means re-developing an already developed land.

(cl)   'Registered Institution/Architect/Engineer/Town Planner/Supervisor' means an Institution/Architect/Engineer/Town Planner/Supervisor registered or deemed to have been registered as such under these rules;

(cm) 'road' means any highway, street, lane, pathway, alley, passageway, footway or bridge whether a thoroughfare or not, over which the public have a right of passage or access uninterruptedly for a specified period; whether existing or proposed in a Master Plan/Detailed Town Planning Scheme/Interim Development Order in force under the Kerala Town and Country Planning Act, 2016 (9 of 2016);

(cn) 'road level' means the officially established elevation of the centre line of the road upon which a plot abuts and if there is no officially established elevation, the existing elevation of the centre line of the road;

(co) 'road width' shall be the minimum existing width of the road at any point.

(cp) 'row buildings' means buildings in a row with only front and rear open spaces with or without interior open spaces.

(cq) 'Secretary' means the Secretary of a Panchayat;

(cr) 'section' means a Section in the Act;

(cs) 'Security Zone' means any area, identified and delineated by the Home Department of the state government as Security Zone from time to time and notified and published in government gazette by the Local Self Government Department. For the purpose of these rules, any area around compounds or sites which accommodate vital or strategic installations, offices, residences, institutions, landmarks, jail compounds, monuments, ports, shipyards, scientific and advanced research centres and the like, which in the opinion of the government, needs special security and necessitates regulations and/or restrictions for constructions and land developments around, can be delineated as security zone.

(ct) 'service lane' means a lane provided at the rear or side of a plot for service purposes;

(cu) 'service station' means a place where washing, cleaning and oiling of automobile is done without any repairing;

(cv) 'set back line' means a prescribed building line drawn with reference to the central line or boundary of a street, on the street side of which nothing can be erected or reerected except compound wall;

(cw) 'sewage drain' means a drain used or constructed to be used for conveying solid or liquid waste matter, excremental or otherwise to a sewer;

(cx) 'shop' means a building or part of a building where articles or goods of any kind are ordinarily sold. It shall not include a workshop;

(cy) 'side yard' means an open space extending laterally between any side of a building and the boundary of the plot facing that side other than front and rear yard and forming part of the plot; any side yard can be interchanged with rear yard;

(cz) 'site' means a plot and its surrounding precincts;

(da) 'stair cover' means cabin - like structure with a covering roof over a staircase and its landing built to enclose only the stairs for the purpose of providing protection from weather and not used for human habitation. It is synonymous with stair cabin or staircase room;

(db) 'stall' means any structure other than a hut used solely for the display and sale of goods;

(dc) 'storey' means the portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between any floor and the ceiling next above it;

(dd) 'street' means a private or a public path giving access to more than one plot or building;

(de) 'street level' means the level at the centre line of the street;

(df) 'street line' means the line defining the side limits of a street;

(dg) 'structure' means anything that is built or constructed or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner. The term structure includes 'building';

(dh) 'sunshade' or 'weather shade' means a sloping or horizontal structural overhang usually provided over openings on external walls to provide protection from sun and rain;

(di) 'tenement' means part of a building intended or used or likely to be used as a dwelling unit;

(dj) 'to erect' means

(i)       to erect a new building on any site whether previously built up or not;

(ii)      to re-erect any building of which portions above the plinth level have been pulled down or destroyed; and

(iii)     conversion from one occupancy to another;

(dk) 'travel distance' means the distance an occupant has to travel to reach an exit;

(dl) 'unconnected latrine' means a latrine not connected to the public sewer system, it may be connected to a septic tank;

(dm) 'unsafe building' means building which is structurally unsafe, in sanitary or not provided with adequate means of egress or which constitute a fire hazard or are otherwise dangerous to human life or which in relation to existing use constitute a hazard to safety or health or public welfare, by reason of inadequate maintenance, dilapidation or abandonment;

(dn) 'use group' means the principal use for which a plot, a building or part of a building is used or intended to be used;

(do) 'verandah' means a covered area with at least one side open to the outside with the exception of parapet, trellis, jelly or grill work on the open side;

(dp) 'warehouse' means a building, the whole or substantial part of which is used or intended to be used for the storage of goods whether for keeping or for sale or for any similar purposes but does not include a store room attached and used for the proper functioning of a shop;

(dq) 'water closet' or 'WC means a latrine with arrangement for flushing the pan with water but does not include a bathroom;

(dr) 'water course' means an artificial or natural drainage canal;

(ds) 'width of street' means the right of way and includes carriageway, footpath, service roads, flyovers, medians, road side drains, street furniture, wayside plants/trees and the like.

(dt) 'yard' means an open space at ground level between a building and the adjoining boundary lines of the plot unoccupied and unobstructed except by encroachment of structures specially permitted by these rules on the same plot with a building. All yard measurements shall be the minimum distance between the front, rear and side yard plot boundaries, as the case may be, and the nearest point of the building including enclosed porches; every part of a yard shall be accessible from every part of the same yard.

(2)     Words and expressions used, but not defined in these rules, but defined in the Kerala Panchayat Raj Act, 1994 (20 of 1994) shall have the same meaning assigned to them in that Act.

Rule - 3. Applicability.

These rules shall apply to:

(1)     any public or private building as described below, namely:

(a)      where a building is newly erected, these rules shall apply to the designs and construction of the building;

(b)      where the building is altered, these rules shall apply to the altered portion of the building;

(c)      where the occupancy or use of building is changed, these rules shall apply to all the parts of the building affected by the change;

(d)      where addition or extension is made to a building, these rules shall apply to the addition or extension only,

Provided that, for calculation of Floor Space Index, coverage, required off street parking area to be provided and width of access to the plot as well as minimum width of the street giving access to the plot from the main street, the whole building existing to be retained and proposed shall be taken into account;

Provided further that the addition, extension or new building shall be permitted only if the site and existing buildings are authorised.

(2)     All lands which are proposed to be developed or redeveloped for construction of buildings.

(3)     Provisions in the Master Plan, Detailed Town Planning Scheme etc. shall prevail: Notwithstanding anything contained in these rules, provisions or regulations in any Master Plan/Detailed Town Planning Scheme/Interim Development Order in force under the Kerala Town and Country Planning Act, 2016 (9 of 2016) shall prevail over the respective provisions of these rules wherever such Plan/Scheme/Order exist.

(4)     Power of the Government to relax the provisions of these rules in certain cases: The Government may, in conformity with the provisions of the Act and in consultation with the Chief Town Planner, relax any building from the provisions of these rules, when construction is made

(a)      by Government/Local Self Government Institutions or Government Institutions for a public purpose,

(b)      by co-operative societies, which were set up and functioning with the Government share and financial assistance and which come under Group B Education and/or Group C Medical/Hospital occupancies as provided in Rule 25 of these rules exclusively for a Government purpose. By any individual or organisation for construction of aided-schools.

(c)      by any individual, group of individuals or corporate body in parcels of land left behind after surrendering to the state government or the local self government concerned free of cost for a public purpose with prior approval of the state government.

(5)     Power of Government to exempt buildings.-

The Government may in conformity with the provisions of the Act and in consultation with the Chief Town Planner exempt any building from the operation of all or any of the provisions of these rules, subject to conditions, if any, to be stipulated in the order, granting such exemptions;

Provided that such exemption shall be considered on individual application as per criteria stipulated in Appendix M. The application form in Appendix N for exemption shall be forwarded to the Government through the Chief Town Planner with their remarks.

Provided further that such exemption shall be considered only if the individual application for exemption from these rules is forwarded to the Government along with a chalan receipt remitting the application fee in Government Treasury as decided by Government from time to time.

(6)     Categorisation of Village Panchayat,

(a)      The Government may, for the purpose of these Rules, by notification in the official Gazette, categorise the Village Panchayats into two categories such as Category-I and Category-II.

(b)      The Village Panchayat,

(i)       which in the opinion of the Government has significant potential for urbanization and/or special characteristics which necessitate more regulatory intervention; or which is either partly or fully covered by a Development Plan published or sanctioned as per the provisions contained in the Town Planning Act in force, shall be categorised as Category-I Village Panchayat. which do not fall under Category-I Village Panchayat shall be categorised as Category-I I Village Panchayat.

CHAPTER II DRAWINGS, PERMITS AND OCCUPANCY CERTIFICATES

Rule - 4. Essentiality of permit.

(1)     No person shall develop or redevelop any parcel of land by subdividing into plots or cause the same to be done without first obtaining a permit for each such development or redevelopment from the Secretary.

(2)     No person shall construct or reconstruct or make addition or extension or alteration to any building or cause the same to be done without first obtaining a building permit for each such work from the Secretary.

(3)     No person shall change the occupancy of an existing building from one group to another, without first obtaining the permit from the Secretary.

Rule - 5. Application for development/building permit.

(1)     Every person other than a Central or State Government Department who intends to:

(a)      develop or redevelop any parcel of land by subdividing into plots shall apply in writing to the Secretary in the form in Appendix A3 and/or

(b)      construct or reconstruct a building or make alteration or addition or extension or change in occupancy to a building shall apply in writing to the Secretary in the form in Appendix - A1; and such application shall be accompanied by plans and statements in duplicate as per these rules along with documents to prove the ownership of the land concerned such as title deed proving the ownership of the applicant, land tax receipt issued by the village office and the possession certificate issued by the village office and payment of application fee as specified in Schedule I, along with a copy of certificate of registration of the Institution, Architect, Building Designer, Engineer, Town Planner or Supervisor, as the case may be, who has prepared and signed the plans, drawings and statements. The applicant shall submit the details of Court cases, if any, pertaining to the land. In case of a Joint Venture development, the agreement between the land owner and the developer shall also be produced.

(2)     Applications may also be submitted through e-filing system, as may be prescribed, if such system is in force in the Local Self Government institution concerned and, the Secretary may receive, process and issue necessary orders on the application through e-filing system.

(3)     In the case of any development or redevelopment of land and/or construction or reconstruction of a building or alteration or addition or extension or change in occupancy to a building by Central or State Government Department, the officer authorized shall, before thirty days of commencement of the work, submit to the Secretary a set of layout plan or plans of the proposed plot subdivisions and/or, a set of plans of the proposed building, as the case may be, together with all other details with a certificate duly signed by the Chief Architect or the Engineer- in-charge of the works to the effect that the plans are in conformity with the provisions of these rules in all respects including conformity to any Master Plan/Detailed Town Planning Scheme/Interim Development Order in force under the Kerala Town and Country Planning Act, 2016 (9 of 2016), prepared for the area. In such cases approvals from Chief Town Planner or District Town Planner, as the case may be, and permit from the Secretary as per these rules are not required.

(4)     In the following cases the Secretary shall obtain, if not produced by the applicant, after receiving the application for permit/written information from the applicant, whether it is Central Government, State Government, autonomous bodies, Quasi-governmental agencies, local self-government institutions, Co-operative Societies, Devaswom boards, private parties etc., a written consent/concurrence/NOC from the officer/authority concerned before issuing the permit. The applicant may directly obtain NOC/Permission, if any required, from organizations and submit along with the application for permit.

Provided that, the required permission/No Objection Certificate of any other Departments/Agencies as required under law may also be obtained for any land developments or constructions.

Provided that the Secretary shall issue permit for Single family residential buildings upto 300 m2 of build up area coming under Coastal Regulation Zone, in accordance with the provisions of the relevant Coastal Regulation Zone notification in force.

Provided further that, such officer/authority concerned shall furnish his reply within fifteen days from the date of receipt of the consultation letter, if such establishment has any objection to the proposed work. The objection, if any, raised by the officer within the said fifteen days shall be duly considered by the Secretary before issuing permit. All these are subjected to amendments of the relevant Acts from time to time.

In cases where final remarks are not received within the said fifteen days from the Officer or Railway Authority as in sub-rule (4), the Secretary may delay final decision in the application for permit, if any interim reply is received from the Officer/Railway Authority concerned. Provided that provisions regarding the height of the building as specified in the National Building Code of India 2016 shall not apply to multiplexes.

Note:

(i)       In the case of all livestock and poultry farms under group G1 or G2 occupancies, and vaults and burial grounds under Group I occupancy, certificate of approval from the Director of Department of Fire and Rescue Services is not necessary.

(ii)      Applications for renovation without involving additional built-up area or structural alterations of existing buildings for religious purpose or places of worship can be considered by the Secretary after informing the District Collector in Form in Appendix-I duly filled by the applicant and verified by the Secretary.

(5)     (1) Any new building under any of the following occupancies as provided under Rule 25 of these rules, having a connected load of 100 kW or greater, or a contract demand of 120 kVA or greater, or having air-conditioned area of 500 sqm. or greater, require the compliance of the provisions of Kerala State Energy Conservation Building Code:

(2) Along with the application for building permit submitted to the Local Self Government Institution concerned for issuing building permit, the applicant shall submit the forms mentioned in the Kerala State Energy Conservation Building Code Rules, notified by Kerala Government.

Provided that a copy of the above said documents, with certification from a certified Energy Auditor (Building) shall be submitted simultaneously to the State Designated Agency, who shall scrutinize the same and intimate any non-compliance to the applicant and to the Local Self Government Institution concerned within thirty days of receipt.

If any non-compliance has been pointed out by the State Designated Agency, the Local Self Government Institution shall get a further certificate of rectification from the applicant through the certified Energy Auditor (Building) before issuing the building completion certificate as per schedule, Section 3 of Kerala State Energy Conservation Building Code (KSECBC)

(6)     Layout of buildings and/or usage of plots/concurrence.-

(1)     While issuing approval for plot sub division lay outs or usage of plot and/or layout of buildings, the District Town Planner or Chief Town Planner as the case may be, shall consider the following aspects.

(a)      Usage of Plot: Usage of plot shall be governed by the provisions of the Master Plan/Detailed Town Planning Scheme/Interim Development Order in force under the Kerala Town and Country Planning Act, 2016 (9 of 2016) prevailing in the area. In the absence of such a plan/scheme/order, approval for usage of the plot is determined in consideration of the following:

(i)       The surrounding developments

(ii)      Availability of infrastructure facilities

(iii)     Physical aspects of the plot

(iv)    Impact on the surrounding area

(b)      Layout of Building: Approval for layout of building(s) is determined in consideration of the following:

(i)       Access to the plot and building

(ii)      Alignment of the internal roads

(iii)     General setting of the building

(iv)    Parking arrangements and maneuverability

(v)      Aspects related to FAR and Coverage

(vi)    Different uses within building

(vii)   Provisions of the Master Plan/Detailed Town Planning Scheme/Interim Development Order, if any, in force under the Kerala Town and Country Planning, Act, 2016 (9 of 2016).

(c)      Concurrence: Concurrence shall be governed by the provisions of the Master Plan/Detailed Town Planning Scheme/Interim Development Order in force under the Kerala Town and Country Planning Act, 2016 (9 of 2016) prevailing in the area considering the following aspects and suggest conditions with respect to the following.

(i)       The surrounding developments

(ii)      Availability of infrastructure facilities

(iii)     Physical aspects of the plot

(iv)    Impact on the surrounding area

(2)     Application for Layout approval and Usage of plot/Concurrence shall be submitted in the form in Appendix-A4 along with scrutiny fee as per Schedule III.

(3)     Such approval from District Town Planner or Chief Town Planner, as the case may be, may specify conditions with due consideration to various planning aspects pertaining to the particular development/construction and local developments and there may also be additional conditions not specified in these rules;

Provided that these conditions so specified shall not in any form be interpreted to relax the provisions of these rules;

Provided further that, before the approval of the site and plans and issue of permit, the Secretary shall ensure that the application, drawings and specifications conform to the provisions of these rules and other applicable statutes and the conditions, if any, stipulated by Chief Town Planner or District Town Planner, as the case may be.

(4)     For any deviation without change in occupancy and upto 5% of the total built up area in the plan approved by the District Town Planner/Chief Town Planner for layout of buildings and usage of plot as per these rules, but limited to 500 sqm. without change in occupancy, revised approval from the District Town Planner/Chief Town Planner is not necessary. However, if there are serious deviations from such approved plan, fresh approvals shall be obtained from the Chief Town Planner or District Town Planner as the case may be.

(5)     Approval/Rejection/any other communication of layout and/or usage of plot shall be intimated to the applicant in writing within one month in the case of District Town Planner and within two months in the case of Chief Town Planner.

Rule - 6. Plans to be submitted.

(1)     An application for a development permit shall be accompanied by atleast 3 copies of site plan, service plan and key map together with details and specifications as prescribed in these rules.

(2)     An application for building permit shall be accompanied by atleast 3 copies of site plan, service plan, key map, building plan, safety plan in case of high rise buildings, parking plan wherever the building requires parking space as per these rules, together with details and specifications as prescribed in these rules.

(3)     All plans submitted shall include the name, address and signature of the land owner, applicant and registered Institution/Architect/Engineer/Town Planner/Supervisor. Also, the plans have to be certified by the registered Architect/Engineer/Town Planner/Supervisor as given in Appendix J1.

(4)     Site Plan.-

(a)      The site plan shall be drawn to a scale of not less than 1:400, fully dimensioned and shall show:

(i)       boundaries of the plot intended for the proposed construction and any contiguous land belonging to the same owner including the revenue details like survey number with sub division, block, village, taluk, extent of plot etc.

(ii)      the number of the nearest building and electric post and the position of the site in relation to the neighboring street and its main access;

(iii)     the name of such street, if any; street levels and its width, which shall be the width in between the plot boundaries on the opposite sides;

(iv)    shall clearly show the setbacks of all existing and proposed buildings within the plot and also show all existing and proposed buildings above or below the ground level with their uses, appurtenant structures, proposed finished ground levels and authorised building numbers of the existing buildings within the plot issued by the Panchayat;

(v)      consolidated statement of the plot area, covered area and floor wise and use wise built-up area of both existing and proposed buildings including that of accessory buildings, Floor Space index and Coverage.

(vi)    all existing and proposed streets or foot - paths within the plot with its width to scale:

(vii)   the area and location of any land within the plot that is undevelopable such as rocky outcrops, steep terrains, marshes, water bodies, puramboke land etc;

(viii)  the area and location of any land within the plot that is not proposed to be developed or redeveloped and any land that is proposed to be reclaimed;

(ix)    the area and location of any paddy fields and/or other agricultural land that are proposed to be reclaimed and/or converted for the said development or re- development;

(x)      the position of external toilets, cattle sheds, stables, wells and other appurtenant structures; and

(xi)    the north direction, predominant wind direction in relation to the site and any other relevant information of the plot not specifically mentioned, but may be required by the Secretary.

(xii)   topographic contours (with contour intervals not greater than 1.5 metre to show the features of the plot clearly) of the site if required by the Secretary/District Town Planning Office.

(xiii)  All existing natural streams/drains within the plot, if any (xiv) World Geodetic System (WGS -84) coordinates (latitude and longitude) of the site and elevation of the top most point of the building with respect to mean sea level, if the plot falls within the Colour Coded Zone Map (CCZM) prepared by the Airport Authority of India and/or for buildings with elevation more than 150m as per Aircraft Act, 1994. (Central Act XXII of 1934) Provided that when circumstances are such as to make a smaller plan necessary or sufficient, the plan may be drawn to a scale of 1: 800 if acceptable by the Secretary.

(b)      In the case of site plan for plot sub division layouts, in addition to items in (a) above, the following details shall also be furnished:

(i)       the layout of cul-de-sac, streets or foot-paths within, adjoining or terminating at the site, existing and/or proposed to be widened or newly aligned;

(ii)      the proposed plot subdivision, and the area and use of each sub division thereof;

(iii)     the access to each plot subdivision;

(iv)    the layout of any service road or foot path and public parking spaces proposed or existing, if any;

(5)     Key map.-

The site plan shall be accompanied by a key map giving full details of the location of the site with reference to north direction, all adjacent streets, junctions, premises and landmarks.

(6)     Service Plan.-

The service plan shall be drawn to a scale not less than that of the site plan, and shall show:

(i)       the proposed plot sub-division, if any, and the uses of such sub- division;

(ii)      the layout of existing and proposed water supply, electricity, drainage and sewerage main lines from or to which connections are proposed to be given with dimensions and specifications;

(iii)     the layout of existing and proposed water supply, electricity, drainage and sewerage lines within the plot, with dimensions, specifications and description of installation;

(iv)    any other relevant information not specifically mentioned but may be required by the Secretary; and

(v)      the north direction and predominant wind direction in relation to the site.

(7)     Building Plan.-

The plans, elevations and sectional elevations in the building plan accompanying the application shall be accurately drawn to a scale of not less than 1:100, fully dimensioned and shall,-

(i)       include floor plans of all floors together with consolidated statement on the plot area, covered area and floor wise and use wise built-up area, including that of accessory buildings, if any, and such drawings shall clearly indicate the sizes and spacing of all framing members, size of rooms, levels of each floor, position of staircases, travel distance between staircases, ramps and lift wells;

(ii)      show the use or occupancy of all parts of the buildings;

(iii)     show the exact location of essential services like water closets, sink and bath;

(iv)    include sectional drawings showing the lowest ground level contiguous to the building, highest ground level contiguous to the building, levels of each floor, abutting road level, the height of rooms, building and parapet, thickness and spacing of structural members, floor slabs and roof and details of staircase.

(v)      show all street elevations;

(vi)    give dimensions of the projections, if any;

(vii)   include a terrace plan indicating the drainage and the slope of the roof;

(viii)  show the direction of north line relative to the plan of the building; and

(ix)    specify total and floor wise built up area of the building;

(x)      specify, in the case of Group G1 or G2 industrial occupancy and Group I hazardous occupancy, wherever applicable;

(a)      power used in H.P.

(b)      number of workers

(c)      raw materials used

(d)      flow chart indicating the process

(e)      details of waste generated

(f)       details and methods of disposal of waste

(8)     Parking Plan.-

Parking plan shall be drawn to a scale not less than that of the site plan, in cases where parking is to be provided as per these rules, and shall show clearly parking spaces, width and slope of drive-ways/ramps and maneuvering spaces, parking space for differently abled persons, visitors parking, loading and unloading spaces etc along with consolidated statement on calculation of parking requirements, as per these rules.

(9)     Safety Plan.-

In the case of high rise buildings, every application for approval shall be accompanied by a safety plan suitable for the proposed construction duly certified by the Architect/Licensee/Engineer that it is in accordance with the Health and Safety Manual published by the Labour Department.

(10)   In the case of High rise building the suggestions in the guidelines on use to Glass in buildings-Human safety, 2015 shall be adhered to wherever glass is extensively used in building.

(11)   Plan showing surrounding developments.-

In the case of applications which need approval of usage of plot and/or layout of building(s) from the District Town Planner/Chief Town Planner as per these rules and/or as per the provisions of any Town Planning Schemes, a sketch shall also be provided showing surrounding developments approximately within 50 metres from the boundary of the plot indicating:

(i)       distance from plot boundary, use and number of storeys of buildings and details of other developments, if any;

(ii)      vacant land, agricultural land, water bodies and other features;

(iii)     any other relevant information not specifically mentioned, but may be required by the Secretary/District Town Planner/Chief Town Planner.

(12)   The minimum size of the paper on which all plans are drawn shall not be less than 297 mm X 420 mm or A3.

(13)   The plans accompanying the application shall have the colour scheme as specified in Table 1 and shall be indicated in the legend in the plans.

 

TABLE 1

COLOUR SCHEME

(14)   All plans, drawings and specifications shall be certified and signed by a registered Institution or Architect or Engineer or Town Planner or Supervisor or Building Designer, registered as provided for in these rules, as well as the applicant.

(15)   If the plot is owned by more than one person, the application shall be submitted jointly and signed by all the persons or by legally authorized representatives of such persons, if any.

(16)   If the application is for construction or reconstruction of a single building or block of buildings in more than one adjoining plots owned by different persons, or to make addition or extension or alteration to such building, the application shall be submitted jointly and signed by all the persons or by legally authorized representatives of such persons, if any.

(17)   The Secretary shall, after considering the application, plans and drawings and other documents, issue development permit in the form in Appendix B1 or building permit in the form in Appendix B2, as the case may be.

Rule - 7. Certain operational constructions by Government to be exempted from these rules.

The operational constructions of the Central or State Government, whether temporary or permanent which is necessary for the operation, maintenance, development or execution of any of the following services shall be exempted from these rules, namely:

(a)      Railway;

(b)      National Highway;

(c)      National Waterways;

(d)      Major Ports;

(e)      Airways and Aerodromes;

(f)       Posts and telegraph, telephones, wireless, broadcasting and other like forms of communications;

(g)      Roads, bridges, street furniture, toll plazas and wayside amenities by the Central Government, State Government and/or Local Self Government.

(h)     Waterway amenities like boat jetties and other waterside facilities for transportation by the Central Government, State Government and/or Local Self Government

(i)       Regional grid for electricity

(j)       Any other service which the State Government may, if it is of opinion that the operation, maintenance, development or execution of such service is essential to the life of the community, by notification, declare to be a service for the purpose of this clause:

Provided that the following constructions by the services do not come under the purview of operational constructions, namely:

(i)       New residential colonies, new residential buildings (other than temporary shelters which are used for essential operational quarters for limited essential operational staff and the like) roads and drains in railway colonies, community halls, hospitals, clubs, all type of educational institutions and offices, shopping complexes, railway mail service offices, parcel offices; and

(ii)      Post offices, other type of office of Posts and Telegraphs Department, residential colonies.

Rule - 8. Permit not necessary for certain works.

Notwithstanding anything contained in these rules, no building permit shall be necessary for executing the following works which do not otherwise violate any provisions regarding general building requirements, structural stability and fire safety requirements of these rules, namely:

(i)       Providing or removing of windows or doors or ventilators;

(ii)      Providing inter-communication doors;

(iii)     Providing or removing of partitions without any structural alteration;

(iv)    Gardening excluding any permanent structures;

(v)      White or color washing;

(vi)    Painting;

(vii)   Petty repairs to the building and pitched roof;

(viii)  Plastering and patch work;

(ix)    Interior decoration without any structural alterations; and

(x)      Changing of the location of the building or construction within the plot;

(xi)    Compound wall not abutting a public street;

(xii)   Huts, except huts adjacent to roads mentioned in Section 235P of the Kerala Panchayat Raj Act, 1994;

(xiii)  Single family residential buildings in Category-II Village Panchayats under Group Al-Residential occupancy with total built-up area on all floors upto 100 sq.metres (including existing and proposed within the plot) and the number of storeys limited to two. Provided that the changing of the location under item

(xiv)  shall be incorporated in the completion plan. Provided further that, except in cases as specified in Rule 5(6)(3), if the change in location under item

(xv)   above, is in deviation from any approvals, concurrences etc. obtained from any of the agencies/authorities concerned, other than that obtained from the Panchayat, as per these rules or Dye laws made under the Act and any other law, such approval, concurrences etc. shall be obtained afresh.

Rule - 9. Approval of site and plans and issue of permit.

(1)     On receipt of the application with the supporting documents attached thereto, the Secretary or the officer duly authorised by the Secretary shall issue an acknowledgement to the applicant on the same day and inform the applicant whether any No Objection certificate required from other authorities is/are not attached with the application.

(2)     The Secretary shall, after inspection of the site and verification of the site plan and documents, if convinced of the bonafides of the ownership of the site, and that the site plan, drawings and specifications conform to the site and the provisions of these rules or bylaws made under the Act and any other law, approve the site and site plan and record a certificate to that effect in the site plan as given in Appendix J2. The online inspection report shall be submitted within 48 hours of receipt of application for building permit.

(3)     The Secretary shall, after approving the site and site plan, verify whether the building plan, elevation and sectional elevation of the building and specifications of the work conform to the site and site plan, and is in accordance with these rules and bye laws made under the Act or any other law, approve the plan and issue permit to execute the work:

(4)     Approval of site and plans shall be intimated to the applicant in writing and the permit as in Appendix B2 shall be issued on remittance of the permit fee at the rates specified in Schedule II and submission of revised or modified plans, if approved with modifications or conditions.

(5)     If after inspection of the site and verification of the plans and documents, Secretary decides to refuse approval, the same shall be communicated in writing specifying the reasons.

(6)     Secretary shall, if modification to any plan, drawing or specification is required or any further document or plan or information is required or fresh plan is required under these rules for taking a decision, intimate the same to the applicant in writing within ten days from the date of receipt of such application or plan or document or information.

(7)     Approval of site and plan shall take effect from the date of submission of the application and rules at the time of issue of permit shall be applicable.

Rule - 10. Approval of site and plans and issue of permit where excavations to a depth of more than 1.5 metres is involved.

(1)     In the case of constructions/land developments which involve any earthwork excavation to a depth of more than 1.5 metres, if the depth of cutting is more than the horizontal distance of such cutting from the plot boundary, the following provisions shall apply:

Provided that, such provisions are not necessary in cases where such excavation is carried out for construction of structures such as wells, septic tank, recharge pits, drainage works, compound walls and the like.

(2)     The application for development and/or building permit shall be submitted by the applicant as per the provisions of these rules, along with a certificate of the Institution, Architect, Building Designer, Engineer, Town Planner, Supervisor as the case may be, who has prepared and signed the plans, drawings, statements etc. as to whether permit as envisaged under Rule 10 is required.

(3)     The application for permit shall also include sufficient copies of:

(i)       dimensioned plan and sectional drawing showing the abutting road level, the levels and depths of cutting at all places in respect of excavations for building construction and land development works;

(ii)      drawings, specifications and details of temporary and permanent protective measures proposed;

(iii)     drawings, specifications and details of slabs, beams, columns, retaining walls etc. proposed at the ground floor level and below; and

(iv)    details of piles if any, including their drawings, specifications, erection methods and the like.

(4)     The Secretary shall issue permit as laid down in these rules:

Provided that, if any changes or deviations are to be made, it shall satisfy the provisions of these rules and the same shall be intimated to the Secretary with revised drawings, specifications and details as the case may be.

(5)     Any written complaint received after the date of issue of the permit from owners or occupants in the adjoining properties on the actual or possible damages to their life and property shall be acted upon by the Secretary as per the provisions in this rule:

Provided that the work will not be stopped except under exceptional circumstances such as violation of approved plans and risk of danger to life and property.

(6)     Once the earthworks and/or constructions upto the ground level are completed as per the approved plans, the applicant may in writing intimate the same to the Secretary and request for concurrence for carrying out rest of the works.

(7)     The Secretary shall, if convinced that the works are carried out satisfactorily as per the permit(s) and provisions of this rule and no written complaint is received as in sub-rule (5), issue concurrence as in Appendix C for carrying out the remaining works above the ground level as per approved plans within 7 days after intimating the completion of works upto ground level:

Provided that, if no objection is raised by the Secretary within the said period to the construction carried out, the applicant may continue with the work above ground level as if concurrence has been given.

(8)     If any complaint is received as in sub-rule (5), the Secretary shall:

(i)       refer the matter within 5 days to the Technical Expert Committee constituted as per sub-rule (12) and convene a meeting of the Committee;

(ii)      intimate the nature of complaints to the applicant and call for details and explanation if so desired by the Committee;

(iii)     arrange for site inspections, hearing of the applicants and/or petitioners, verification of records and arrange for tests if so required by the Committee; and

(iv)    take up further action as per the recommendations of the Committee.

(9)     The applicant and/or the petitioner shall attend the hearing and shall also produce any details called for within the time specified, if so required by the Committee or the Secretary on its behalf.

(10)   The Committee shall evaluate the damages and fix the compensation and/or suggest further protective measures, if any, to be taken by the applicant to solve the issues raised by the petitioner. The amount of compensation shall include the actual cost of restoration as decided by the Committee and an additional 30% as solatium:

Provided that the process of the Committee shall be completed within a total duration of 3 weeks.

(11)   Concurrence shall be issued by the Secretary, after ensuring that the protective measures are carried out to the satisfaction of the Committee and the compensation is paid by the applicant as per the decision of the Committee. The actual expenses of the Committee as intimated by the Secretary shall be paid by the applicant.

(12)   For the purpose of this rule, Government may, constitute Panchayat level Technical Expert Committee(s) comprising of Secretary (convener), an officer not below the rank of an Assistant Engineer of the Engineering wing of Local Self Government Department having jurisdiction over the area and two experts; one each in Structural Engineering and Geotechnical Engineering (to be nominated by Government) to assess the damage, suggest protective measures and fix the compensation. The process of the Committee shall be completed in 3 weeks.

Rule - 11. Grounds on which approval of site or permission to construct or reconstruct building may be rejected.

Any application made under these rules shall be rejected by the Secretary if the application is not in compliance with these rules or any other relevant statutes in force. The Secretary shall specify the grounds for rejection in the order rejecting the application.

The grounds on which approval of site for construction or reconstruction of a building or permission to construct or reconstruct a building shall be refused are the following; namely:

(i)       that the work or use of the site for the work or any particulars comprised in the site plan, building plan etc., elevations, sectional elevation, or specifications would contravene provisions of any law or order, rule, declaration or bye law made under such law;

(ii)      that the application for such permission does not contain the particulars or is not prepared in the manner required by these rules or bye law made under the Act;

(iii)     that any of the documents required to be signed by a registered Institution, Architect, Building Designer, Engineer, Town Planner or Supervisor and/or the owner/applicant as required under the Act or these rules or bye laws made under the Act has not been signed by such Institution, Architect, Building Designer, Engineer, Town Planner or Supervisor and/or the owner/applicant;

(iv)    that any information or document or certificate required by the Secretary under these rules or bye laws made under the Act has not been duly furnished;

(v)      that the owner of the land has not laid down and made street or streets or road or roads giving access to the site or sites connecting with an existing public or private street while utilizing, selling or leasing out or otherwise disposing of the land or any portion or portions of the same site for construction of building: Provided that if the site abuts on any existing public or private street no such street or road shall be laid down or made;

(vi)    that the proposed building would be an encroachment upon a land belonging to the Government or the Panchayat; and

(vii)   that the land is under acquisition proceedings.

Rule - 12. Period within which approval or disapproval shall be intimated.

The Secretary shall, within thirty days from the date of receipt of the application for approval of site plan, or any information or further information required under these rules or bye laws under the Act, by written order either approve or refuse to approve the site plan on any of the grounds mentioned in Rule 11 and intimate the same to the applicant.

Rule - 13. Period within which Secretary is to grant or refuse permission to execute work.

The Secretary shall within thirty days from the date of receipt of an application for permission to execute any work or any information or document or further information or further document required under these rules or bye laws made under the Act, by written order either grant or refuse to grant such permission on any of the grounds mentioned in Rule 11 and intimate the same to the applicant:

Provided that the said thirty days shall not begin to run until the site has been approved under Rule 12.

Rule - 14. Reference to Village Panchayat where the Secretary delays to grant or refuse or approve permit.

(1)     The Village Panchayat shall, if the Secretary, neither approves nor disapproves a building site, neither gives nor refuses permission to execute any work within thirty days from the date of receipt of the application, on the written request of the applicant, be bound to determine whether such approval or permission should be given or not.

(2)     Where the Village Panchayat does not, within thirty days from the date of receipt of such written request, determine whether such approval or permission should be given or not, such approval or permission shall be deemed to have been given, and the applicant may proceed to execute work, but not so as to contravene any provision of the Act or these rules or bye-laws made there under:

Provided that such execution of work shall be considered as duly permitted and not one for regularization and permit shall be issued as per rules even if the work has been commenced, being carried on or completed if it otherwise complies with rule provisions.

(3)     On the expiry of sixty clear days from the date of valid applications the applicant shall submit a letter stating that he is commencing the work of the building/structure/telecommunication/mobile tower applied for as provided in the original applications as per Rules, specifying the date of commencement.

All Secretaries of Local Self Government Institutions shall acknowledge the receipt of the letter stated in the above paragraph with stamp and date on the same day on the duplicate copy of the letter. This shall be a deemed permission along with the acknowledgment of original application submitted.

Rule - 15. Extension and renewal of period of permits.

(1)     A development permit or a building permit issued under these rules shall be valid for five years from the date of issue.

(2)     The Secretary shall, on application submitted within the valid period of the permit, grant extension once, for further period of five years:

Provided that, in case the permit needs to be extended beyond the period of ten years, the applicant shall submit an application in writing to the Committee constituted under Chapter IX of these Rules and the committee may, after having satisfied with the genuineness of the application, recommend for extension of period of the permit once, with or without condition(s) as it deems fit.

(3)     The fee for extension of period of permits shall be ten percent of the building permit fee excluding the fee for additional Floor Space Index, in force at the time of granting extension:

Provided that, in case the period of permit is extended beyond a period of ten years from the date of issue of original permit, the fee for extension of period of permit shall be twice that of the permit fee excluding the fee for additional Floor Space Index, in force at the time of granting extension.

(4)     The Secretary may, if he deems fit, grant renewal for a period of five years on application submitted after the expiry of the permit, subject to the condition that the total period of validity of permit from the date of issue of original permit shall not exceed ten years:

Provided that, in case the permit needs to be renewed beyond the period often years, the applicant shall submit an application in writing to the Committee constituted under Chapter IX of these Rules, within three years from the date of expiry of the permit, and the Committee may, after having satisfied with the genuineness of the application, recommend for renewal of the permit once, with or without condition(s) as it deems fit.

(5)     The fee for renewal of period of permit shall be fifty percent of the development permit fee, in force at the time of renewal:

Provided that, in case the period of permit is renewed beyond a period of ten years from the date of issue of original permit, the fee for renewal of period of permit shall be twice that of the permit fee, in force at the time of granting renewal.

(6)     The application for extension or renewal of a development permit or a building permit shall be submitted in transparent paper, either typed or written in ink, specifying the name and address of the applicant, the number and date of issue of the permit, the stage of development or construction, if already commenced, together with application fee as provided in Schedule I.

(7)     The application shall be affixed with necessary court fee stamp and shall contain the original of the permit and approved plan sought to be extended or renewed.

(8)     The development work or construction work shall be commenced and completed within the valid period of the permit.

Note:. Non-commencement of any work within the period specified, if any, in a permit issued before the commencement of these rules shall not be considered as a ban for extension or renewal of permit.

(9)     A development permit or a building permit issued under the Kerala Panchayat Building Rules, 2011 including that under the orders of Government granting exemption from rule provisions, shall be extended or renewed, on proper application, on like terms and for like periods as a permit issued under these rules.

(10)   In case the period of validity stipulated in permit issued before the commencement of these rules is different from that stipulated in sub-rule (1), then the extension or renewal of the permit shall be granted in such a way that the total valid period of the permit shall not exceed ten years.

(11)   The application for extension or renewal of a development permit or a building permit shall be signed and submitted by the owner of the permit or his legal heir to whom the site devolves or legally authorized representative:

Provided that if the plot or a part of the plot concerned has been transferred, the application for extension or renewal of permit shall not be accepted and acted upon until provisions of Rule 19 has been fully complied with.

Rule - 16. Suspension and Revocation of permit.

The Secretary shall suspend or revoke any permit issued under these rules if it is satisfied that the applicant has violated any provisions of the Act or rules or any conditions stipulated in the permit or that the construction is carried out in deviation of the approved plan or Town Planning scheme or that the permit was happened to be issued on misrepresentation of fact or law or that the construction, if carried on, will be a threat to life or property:

Provided that before revoking permit, the owner of the permit shall be given an opportunity to be heard and the same shall be duly considered by the Secretary.

Provided further that if the permit issued under these rules is revoked before the commencement of the building construction, then the additional fee for FAR remitted by the applicant, if any, shall be refunded to the applicant on request and the permit issued shall be cancelled henceforth.

Rule - 17. Duties and responsibilities of the owner or developer.

(1)     The granting of permit or the approval of the drawings and specifications or inspections made by the Secretary during the erection of the building or structure or digging of well shall not in any way relieve the owner of such building of the responsibility for carrying out the work in accordance with the requirement of these rules.

(2)     Every owner/developer shall obtain relevant NOC/clearances required for the construction of building/development of plot as per the applicable Acts, rules, law and amendments in force.

(3)     Every, owner or developer shall be responsible for the correctness of the measurements of plot shown in the drawings submitted and it shall not include any encroachment of other land.

(4)     Every owner or developer shall submit details of the Court cases (Courts, Tribunal, Ombudsman etc.) if any pertaining to or of reference to the plot or constructions therein.

(5)     Every owner or developer shall,

(a)      permit the Secretary or any person authorized by the Secretary or by the Government for this purpose to enter the plot or building or premises at any time between 7 a.m. and 6 p.m. normally or at any other time as may be deemed necessary for the purpose of enforcing the rules

(b)      submit a proof of ownership of the plot;

(c)      obtain from the Secretary, sanction for any other allied matter connected with the development or redevelopment of land or construction or reconstruction or addition or alteration of building or change of occupancy of any building or part thereof.

(d)      give notice to the Secretary of the intention to start work in form Appendix D;

(e)      give written notice to the Secretary regarding completion/partial completion of work(s) in the form in Appendix E1 or Appendix E2, as the case may be; and

(f)       obtain a development certificate from the Secretary prior to any sale or transaction of the plots subdivided as per these rules or building construction in such subdivided plots, as given in Appendix F1 or obtain an occupancy certificate from the Secretary prior to any occupancy of the building or part thereof, after construction or reconstruction or addition or alteration of the building or part thereof, or change of occupancy of any building or part thereof as given in Appendix F2.

(6)     Every owner or developer shall, as soon as any development or redevelopment of land or construction or reconstruction or addition or alteration of building is completed, remove all rubbish, refuse or debris of any description from the plot or plots on which such operation have been carried out or from any adjoining land which may have been used for depositing of materials and debris.

(7)     Every owner or developer shall keep in safe custody the permit, approved plans and drawings and specifications and results of tests, if any on any material used for construction and shall keep a copy each of the same at the work site and produce before the Secretary or any officer authorized for inspection on demand.

(8)     Every owner or developer shall display the permit number in the site in a visible place in a visible manner.

(9)     Every owner or developer shall take adequate safety precautions at all stages of construction or reconstruction or addition or alteration or repair or demolition or removal of the various parts of the building for safeguarding the life of workers and public against hazards consequent on any aspects of the work.

(10)   Every owner or developer shall ensure that all protective works carried out to safeguard the adjoining properties, during construction are sufficient and in good order to ensure safety.

(11)   In the case of driven piles vibration is set up which may cause damage to adjoining structures or service lines depending on the nature of soil condition and the construction standard of such structures and service lines. Possible extent of all such damages shall be ascertained in advance, and operation and mode of driving shall be planned with appropriate measures to ensure safety. If, in the vicinity of a site where bored or driven piling works are to be carried out, there are old structures which are likely to be damaged, tell-tales shall be fixed on such structures to watch their behavior and timely precautions shall be taken against any undesirable effect.

(12)   If the owner engages any developer(s) at any time for the construction, reconstruction, repairs, additions or alterations of buildings or development or redevelopment of land, the same shall be intimated to the Secretary within a week from the date of agreement (executed between the owner and the developer) along with a copy of such agreement by which the owner authorizes the developer to undertake construction, reconstruction, repairs, additions or alterations of building(s) or development or redevelopment of land in that plot, on behalf of the owner. The clause describing the financial terms between the owner and developer need not be disclosed.

(13)   Every owner and developer shall include the following details as part of all advertisements through website pertaining to the building and/or land development:

(a)      name and address of the owner and developer;

(b)      number and date of layout approval and/or approval of usage of plot and layout of building wherever applicable;

(c)      number and date of the development permit and/or building permit;

(d)      name of the Local Self Government Institution issuing the permits;

(e)      date till which the building permit is valid;

(f)       number of floors permitted;

(g)      conditions if any stipulated in the permits;

(h)     following details shall be furnished as against the respective provisions of the rules;

(i)       coverage and F.S.I, of the construction;

(ii)      area of recreational space inside and outside the building in the case of apartments/flats under Group A1 occupancy;

(iii)     number of parking spaces and loading and unloading spaces and area earmarked for such spaces;

(iv)    minimum width of access to the site and building;

(i)       any other occupancy other than Group A1 - Residential in the case of apartments/flats, with details of floor area of such occupancy;

(14)   In the case of advertisements pertaining to building construction or land developments through visual - print media and hoardings, the owner or developer shall include the details mentioned in item (a) to (f) in sub-rule (13) and the address of the website carrying the details under sub-rule (13).

(15)   The Secretary may also publish the details of the permits issued in the website of the Panchayat as required under Section 271B (3) of the Kerala Panchayat Raj Act, 1994, (13 of 1994).

(16)   If any such advertisements are made in contravention to sub-rules (13), (14) and (15) of this rule, the Secretary or the Government may interfere in the matter.

(17)   Every owner or developer shall be responsible for the loss or injury caused to any person or property due to the lapse on his part to provide safety precautions or protective measures or safeguards.

(18)   Sustainable Waste Management.-

Every owner shall adhere to the measures to support Sustainable Waste Management adopted by the Panchayat like waste collection from house to house, segregation at household level, providing separate wet and dry bins at the ground level, decentralized waste recycling/treatment/reuse etc.

(19)   The owner of ECBC compliant building shall have full obligation and responsibility of carrying out the work on the commissioning of the said building in accordance with the requirements of Kerala State Energy Conservation Building Code (KSECBC). Every owner shall select the Certified Energy Auditor (Building) registered with the Bureau of Energy Efficiency (BEE) for the building compliance check to be submitted to the State Designated Agency/Local Self Government Institution concerned, in whose jurisdiction the Kerala State Energy Conservation Building Code (KSECBC) compliant building is proposed to be erected, to help him to develop the building design, installation of materials and equipments to meet with the requirements of Kerala Energy Conservation (Building Code) Rules, 2017.

The owner also shall;

(a)      engage Empanelled Energy Auditors (Building) in development of building design, installation of energy conservation measures and equipment to meet with the requirements of Kerala Energy Conservation (Building Code) Rules, 2017 and ensure following, namely:

(i)       finalize the compliance approach relevant for his building project based on the complexity of the building, budget and time constraints;

(ii)      finalize the energy conservation measures as per the Kerala State Energy Conservation Building Code as amended from time to time having regard to the location of the proposed building;

(iii)     to integrate the energy conservation measures in the building design in accordance with the provisions of Kerala Energy Conservation (Building Code) Rules, 2017;

(iv)    that drawings, specifications and compliance forms are prepared and energy conservation measures are reflected in the building design documents and submitted to the authority having jurisdiction in compliance with the requirements of the rules accompanied by a certificate specifying the energy performance index ratio of the building by the Empanelled Energy Auditors (Building) that the documents are as per the requirement of Kerala Energy Conservation (Building Code) Rules, 2017;

(v)      notice is given within the validity of sanction to the authority having jurisdiction of his intention to start the construction work at the building site;

(vi)    commence the work within the period specified by the authority having jurisdiction from the date of such notice or seek extension of time for starting the construction work, wherever necessary;

(vii)   ensure that the designed energy conservation measures are deployed in the construction of the building and installation of its components and systems.

(b)      permit the Empanelled Energy Auditors (Building) to enter the building or premises at any reasonable time for the purpose of inspection to ensure compliance of building works with rules and regulations under the Act;

(c)      give written notice to the authority having jurisdiction intimating the completion of the construction work along with a certificate from the Empanelled Energy Auditors (Building) to the effect that

(i)       the construction of the building has been done in accordance with the sanction of the building permit;

(ii)      all the energy conservation measures have been installed and inspected, and they meet the requirements of the Code and Kerala Energy Conservation (Building Code) Rules, 2017;

(iii)     the building design meet with the provisions of the Code and Kerala Energy Conservation (Building Code) Rules, 2017;

(d)      give written notice to the authority having jurisdiction as well as to the State designated agency in case of termination of the services of Empanelled Energy Auditors (Building) and appointment of other Empanelled Energy Auditors (Building) in its place;

(e)      obtain an occupancy permit from the authority having jurisdiction prior to any occupancy of the building or part thereof after completion of the building;

(f)       report the practical difficulties to the Empanelled Energy Auditors (Building), if any, in carrying out the provisions of Kerala Energy Conservation (Building Code) Rules, 2017, who shall take necessary action in consultation with State designated agency and State Energy Conservation Building Code Implementation Committee;

(g)      on the receipt of the notice, if any, from the authority having jurisdiction, he shall discontinue such usage within reasonable time as specified in such notice and in no case he shall disregard the provisions of Kerala Energy Conservation (Building Code) Rules 2017;

(h)     where he proposes to alter the installation of any system or material or equipment on account of improving the energy efficiency of the building contrary to the system, material or equipment as indicated in the sanction plan he shall use or install such system or material or equipment after obtaining the necessary approval of the Empanelled Energy Auditors (Building):

Provided that it does not violate the spirit and intent of the provisions of Kerala Energy Conservation (Building Code) Rules, 2017;

Provided further that such change shall not compromise with the building requirements namely, structural stability, safety, health or environmental provisions of Central laws and State laws applicable to the buildings covered under Kerala Energy Conservation (Building Code) Rules, 2017.

Rule - 18. Responsibilities and functions of registered Architects, etc.

(1)     Plans and drawings shall be prepared strictly in conformity with the provisions contained in the Act and the Rules, any direction issued by Government or Panchayat, all applicable statutes and a certificate to that effect shall be recorded and signed in the plans and drawings.

(2)     Every owner/developer shall obtain relevant NOC/clearances required for the construction of building/development of plot as per the applicable Acts, rules, law and amendments in force.

(3)     A certificate of verification of site shall be recorded and signed in the site plan.

(4)     Plans and drawings shall only be prepared after inspecting the site and convinced of the boundaries.

(5)     Every building has to be designed incorporating all safety precautions and protective measures and shall be responsible for the loss or injury caused to any person or property due to the lapse on his part.

(6)     The person issuing the certificate or affixing signature on the plan, drawing or specification shall be responsible for the correctness or truthfulness of the recording in the certificate or plan, drawings or specifications.

(7)     The person issuing completion certificate shall ensure that building construction/land development is carried out in accordance with the approved plan.

(8)     Function shall be restricted to the category on which registration is obtained.

(9)     Any person violating the rules under this chapter shall be liable to action under sub-rules (10), (11) and (15).

(10)   The Registering Authority may, on complaint by any person or on report from any Panchayat or suo motu take action against any person registered, for violating any of the provisions under these rules. The Secretary shall sent a monthly report of all violations along with details to the registering authority.

(11)   The Registering Authority may, if convinced on enquiry that the person against whom action has been taken under sub-rule (9) has violated any rule, provision or issued false certificate or recorded false information, suspend the registration for a period not exceeding one year or cancel the registration or disqualify him for future registration and the matter may be published in the website of the Government/Department:

Provided that before finalising the decision, the person concerned shall be given sufficient opportunity to explain and the explanation, if any, submitted shall be duly considered by the Registering Authority.

(12)   Any person aggrieved by the decision of the Registering Authority under sub-rule (10) may appeal to Government within 30 days from the date of receipt of the decision.

(13)   The appeal shall be submitted in transparent paper stating the reasons thereof, typed or written in ink, affixed with necessary court fee stamp, along with copy of the order of Registering Authority.

(14)   Government shall dispose of the appeal within 60 days, after hearing the appellant in person or by authorised representative.

(15)   The registered Institution/Architect/Engineer/Town Planner etc. including the Developer if any, to whom License has been accorded by the registering authority concerned, are wholly and severally responsible for ensuring that the building is constructed as per the approved Building Plan. If any breach or laxity is found against them in this regard, action shall be taken against the licensed technical personnel concerned for black-listing and this would entail not only debarring them from practice in the entire State for 5 years, but also cancellation of their license besides being prosecuted under the relevant laws/code of conduct by the registering authority.

(16)   In case of any firm applying for permit will be equally responsible as that of registered Institution/Architect/Engineer/Town Planner etc.

Rule - 19. Transfer of plots to be intimated.

(1)     Every person holding development permit or building permit shall, unless the work has been executed in full and development or occupancy certificate obtained, inform the Secretary, every transfer of the whole or part of any property involved in the permit together with the name and address of the transferee and his intention to transfer or otherwise of the permit.

(2)     Every person, in whose favour any property is transferred along with a development or building permit by the transferor, shall before commencing or continuing the work obtain permit of the Secretary in writing.

(3)     The request for permission to commence or continue work shall be submitted in transparent paper along with documents, together with document regarding the ownership and possession certificate and fee of Rs. 100.

(4)     The Secretary shall, if convinced that the transfer will not in any way badly affect the development or construction, issue permission in writing, transferring the permit and allowing the commencement or continuation of work, within 15 days from the date of receipt of the request.

(5)     Permit issued becomes invalid if part of the plot included in the approved plan is transferred/sold to any other person.

Rule - 20. Completion certificate, development certificate and occupancy certificate.

(1)     Every owner shall, on completion of development or redevelopment of land or construction or reconstruction or addition or alteration of building, as per the permit issued to him, submit a completion certificate certified and signed by him to the Secretary in the form in Appendix E1 together with sufficient copies of plans and drawings of completed building.

Provided that in the case of buildings, other than residential buildings upto two floors with total built-up area not exceeding 150 sq. metres, the completion certificate shall be certified and signed by the owner and registered Institution or Architect or Building Designer or Engineer or Supervisor also as in Appendix E3 together with sufficient copies of plans and drawings of completed building.

(2)     The Secretary shall, on receipt of the completion certificate and on being satisfied that the development or redevelopment of land has been effected in conformity with the permit given, issue a development certificate in the form in Appendix F1 along with a copy of the plans duly signed by the Secretary, not later than 15 days from the date of receipt of the completion certificate:

Provided that if no such development certificate is received within the said fifteen days, the owner may proceed as if such a development certificate has been duly issued to him.

On the expiry of fifteen clear days from the date of valid application for development certificate, the applicant shall submit a letter stating that he is liable to get development certificate and now it is deemed to have issued by the authority.

All Secretaries of Local Self Government Institutions shall acknowledge the receipt of the letter stated in the above paragraph with stamp and date on the same day on the duplicate copy of the letter. This shall be a deemed development certificate.

(3)     The Secretary shall, on receipt of the completion certificate and on being satisfied that the construction or reconstruction or addition or alteration has been carried out in conformity with the permit given, issue occupancy certificate in the form in Appendix F2 not later than fifteen days from the date of receipt of the completion certificate:

Provided that, in case there is deficiency as per provisions of these Rules, in minimum width of mandatory open space/yard after completion of the construction, other than the distance stipulated as per Section 220(b) of the Kerala Panchayat Raj Act, 1994 (13 of 1994) and sub-rule 5 of Rule 81 of these rules, the Secretary may allow a tolerance up to 5% of the minimum mandatory open space/yard to be provided as per these rules or twenty five centimeters, whichever is less, for the building constructed:

Provided further that if no such occupancy certificate is issued within the said fifteen days, the owner may proceed as if such occupancy certificate has been duly issued to him.

On the expiry of fifteen clear days from the date of valid application for occupancy certificate, the applicant shall submit a letter stating that he is liable to get occupancy certificate and now it is deemed to have issued by the authority.

All Secretaries of Local Self Government Institutions shall acknowledge the receipt of the letter stated in the above paragraph with stamp and date on the same day on the duplicate copy of the letter. This shall be a deemed occupancy certificate.

(4)     The owner of a building may, if he intends to occupy the building before us completion, apply to the Secretary for that purpose together with partial completion certificate by the owner and registered Institution/Architect/Building designer/Engineer/Supervisor in Appendix E2 and E4 respectively, and sufficient copies of plans and drawings of partially completed building

(5)     Secretary shall ensure the compliance of the provisions of these rules in respect of the partially completed building and on being satisfied that such occupancy will not endanger life, issue occupancy certificate in respect of such partially completed building.

Rule - 21. Post Occupancy Audit.

(1)     The Secretary shall carry out Post Occupancy Audit except for residential buildings upto two storey, commercial buildings upto 50 square meters, religious buildings and buildings under group G1, G2 and I occupancies, within two years of issue of Occupancy Certificate.

(2)     Post Occupancy Audit can be done at any time after two years after issue of Occupancy Certificate.

CHAPTER III GENERAL PROVISIONS REGARDING SITE AND BUILDING REQUIREMENTS

Rule - 22. General requirement regarding plot.

(1)     No land development or redevelopment shall be made or no building shall be constructed on any plot on any part of which there is deposited refuse, excreta or other offensive matter which in the opinion of the Secretary is considered objectionable, until such refuse, excreta or other offensive matter has been removed there from and the plot has been prepared or left in a manner suitable for land development or building purpose for the satisfaction of the Secretary.

(2)     No land development or redevelopment shall be made or no building shall be constructed on a plot, which comprises or includes a pit, quarry or other similar excavation or any part thereof unless such plot has been prepared or left in a manner or condition suitable for land development or redevelopment or building purposes to the satisfaction of the Secretary.

(3)     No land development or redevelopment shall be made or no building shall be constructed on a plot notified by grama Panchayat which is liable to be flooded or on a slope forming an angle of more than 45 degrees with horizontal or on soil unsuitable for percolation or on area shown as floodable area in any Master Plan/Detailed Town Planning Scheme/Interim Development Order in force under the Kerala Town and Country Planning Act, 2016 (9 of 2016) or in sandy beds, unless it is proved by the owner to the satisfaction of the Secretary that construction of such a building will not be dangerous or injurious to health and the site will not be subjected to flooding or erosion or cause undue expenditure of public funds for providing sewers, sanitation, water supply or other public services.

(4)     No construction shall be made to obstruct the natural drains and streams in a plot. Failure to comply with this instruction will invite penalization under Section 51 of the Disaster Management Act, 2005 (Central Act 53 of 2005).

(5)     No building or part of a building shall be constructed or reconstructed or no addition or alteration shall be made to any existing building in the intervening spaces between the building and any overhead electric supply line as described in the Table 2 below and as specified in the Indian Electricity Rules as amended from time to time.

Provided that single storied buildings shall be allowed even if the above mentioned clearance is not available, if the applicant produces a no objection certificate from the Chief Electrical Inspector or an officer authorized by him, before issue of permit.

 

TABLE 2

CLEARANCE FROM OVERHEAD ELECTRIC LINES

Rule - 23. Prohibition for constructions abutting public roads.

(1)     No person shall construct any building other than compound wall or fence or outdoor display structure within 3 meters, from any plot boundary abutting national highways, state highways, district roads, other roads notified by Panchayat, other un-notified roads with width 6m and above:

Provided that ramps or bridges or steps or similar structures, all open to sky, with or without parapets or railings shall be permitted as access from the street to the building only in such cases where the level difference between the street and the plot does not permit natural access to the building. Cornice roof or weather shade, not exceeding 75 cms shall be permitted to project from the building into such 3 metres. In no case, access to more than one floor can be provided within this 3 metres.

Provided further that the underneath of such flight of steps or ramp shall not be enclosed or made usable, however pillars may be permitted for its support.

(2)     The minimum distance between plot boundary abutting the street and building other than a compound wall or fence or outdoor display structure shall be provided as in Table 3.

 

TABLE 3

DISTANCE BETWEEN PLOT BOUNDARY ABUTTING THE STREET AND BUILDING

Provided that in the case of Cul-de-sac of whatever width but not exceeding 250m length or pedestrian lanes and streets upto average 3m width or internal roads with streets of whatever width within or leading to any residential colony it shall be sufficient if the distance between the plot boundary abutting the street and building is 2m for buildings upto 7m height.

Provided further that in the case of lanes not exceeding 75m length leading to one or more individual plots it shall be sufficient if the distance between the plot boundary abutting the lane and the building is 1.5 m.

(3)     Any restriction under street alignment or building line or both, if any, fixed for area and restriction under any Master Plan/Detailed Town Planning Scheme/Interim Development order in force under the Kerala Town and Country Planning Act, 2016 (9 of 2016) or any other rules or bye-laws shall also apply simultaneously to all buildings in addition to the provisions contained in sub-rule (1) and (2).

(4)     Splay at road junctions, including V junctions shall be splayed as provided below. However original plot boundary can be considered for providing the mandatory yards.

Provided that for roads with width less than 5 metres, this splay will not be applicable and when roads of different width form a junction, the respective splay of the corresponding road in this sub-rule is considered.

(5)     The provisions contained in sub-rules 2 and 3 shall apply invariably to all buildings where the front, rear or side yard abuts a street or gain access through a street.

Rule - 24. Height of buildings.

(1)     The maximum height of any building or part thereof shall be limited according to the width of the street as follows:

(a)      The maximum height of the building or part thereof shall not exceed twice the width of the street abutting the plot plus twice the width of the yard from the building to the abutting street;

(b)      If a building plot abuts on two or more streets of different width, the building plot shall be deemed to abut the street that has the greater width for the purposes of this rule and the height of the building shall be regulated by the width of that street and shall be continued at this height along the narrower street: Provided that the height restriction as per this rule shall be compulsory only for buildings or part of building coming within 12 metres of building line:

(2)     For buildings, structures and installations in the vicinity of airports, the stipulations with regard to height shall be further limited as subject to any notification issued by the Government of India under the Aircrafts Act, 1934 (Central Act XXII of 1934) and its amendments from time to time or approved zonal map issued for each airport. The permissible height of the building in this case shall be calculated upto the highest point of the building without any exemptions.

(3)     In the case of construction or reconstruction of buildings or alteration or addition to existing buildings within any Security Zone, the overall height of building upto its topmost point shall not exceed 10 metres or as specified by the District Collector as per sub-rule (4) of Rule 5, whichever is less:

Provided that if the overall height of any existing building in the Security Zone is 10 metres or more upto its topmost point, further vertical extension of that building shall not be permitted:

Provided further that the height of building shall be measured from the average level of ground contiguous to the building.

CHAPTER IV OCCUPANCY

Rule - 25. Occupancy of buildings.

(1)     All buildings existing or herein after proposed shall be classified, in one of the following occupancies, according to the use or character of occupancy namely:

Notes.

(i)       Any building not specifically covered by any of the occupancies under sub-rule (1), shall be in the group, which most nearly resembles its existing or proposed use.

(ii)      Any building other than Multiplex Complex (group J occupancy) building which accommodates more than one use under sub-rule (1) shall be included under the most restrictive occupancy group. However, occupancy shall be deemed to include the subsidiary uses which are contingent upon it.

(iii)     The classification of buildings into occupancy groups are only for the purpose of these rules. The 'Occupancy group' is not synonymous with that in the zoning regulations stipulated in Master Plan/Detailed Town Planning Scheme/Interim Development Order under the Kerala Town and Country Planning Act, 2016 (9 of 2016)

(iv)    All occupancies other than Group A1-Residential shall be treated as Non-residential for the purpose of these rules.

(v)      Minor occupancy incidental to operations in another type of occupancy shall be considered as part of the main occupancy and shall be classified "under the relevant group for the main occupancy.

(2)     The description of occupancies is given below, namely:

(a)      Group A1 - Residential Building shall include any building in which sleeping accommodation is provided for normal residential purposes, with or without cooking and/or dining facilities. They shall include one or multifamily dwellings, apartment buildings or residential flats. Small professional offices, small household business or spaces for advocates, doctors, engineers, architects, chartered accountants, beauticians, tailors, photographers, videographers, telephone booth operators, computer professionals, typists, electrical or electronic equipment service professionals, not exceeding 50 sq. metres built-up area and used as part of principal residential occupancy are also included in this group. Creches, daycare centres, children's nurseries, reading rooms, libraries and educational buildings not exceeding 200 sq. metres of built up area are also included in this group.

(b)      Group A2 - Lodging Houses & Special Residential shall include all lodging or rooming houses, seminaries/convents, orphanage, old age homes, dormitories, tourist homes, tourist resorts (or by whatever name called), hostels, hotels with or without conference halls, dining halls or assembly rooms.

(c)      Group B - Educational Buildings - These shall include any building or part thereof, exceeding 200 sq. metres of built-up area, used for school, college, day-care purposes, other institutions for education or research, libraries incidental to educational buildings, religious educational building such as madrassa, Sunday schools & the like and appurtenant assembly buildings having capacity not exceeding 200 persons.

(d)      Group C - Medical or Hospital Building shall include any building or part thereof, exceeding 200 sq. metres of built up area which is used for purposes such as medical or other treatment or care of persons suffering from physical or mental illness, disease or infirmity, care of infants, hospitals, sanatoria, clinics, homes for the infirm, convalescent homes, mental hospitals etc, are included in this group.

(e)      Group D - Assembly building shall include any building or part of a building exceeding 200 sq. metres of built-up area where people congregate or gather for amusement, recreation, social, religious, patriotic, political, civil, travel and similar purposes such as theatres, motion picture houses or cinemas, assembly halls for educational, dramatic or theatrical presentations, auditoriums, convention centres, wedding halls, community halls, exhibition halls, art galleries, museums, libraries, skating rings, gymnasiums, congregation, dance halls, club rooms, passenger stations or transport terminals, recreation piers, amusement park structures, viewing stands, grand stands, stadia and circus tents. Provided that it shall not include multiplexes in which each screen has a seating capacity less than 300 each.

(f)       Group E - Office building shall include any building or part of a building having a total built up area of more than 200 sq. metres which is used for accommodating offices of public or private agencies or for keeping of records, accounts and similar purposes. Local, State and Central Government offices, buildings for office purposes constructed by private sector and quasi government agencies and buildings for the use of purposes, court houses, public utility buildings, jails and prisons are included in this group. All Information Technology Buildings are also included in this group. Further, in the case of Government Owned Information Technology Parks, Government Approved Private Information Technology Parks and Government Approved Private Information Technology Buildings, all buildings or part of buildings intended for providing ancillary or support services, amenities and utilities such as offices, residences, social amenities, recreational facilities, commercial establishments etc. shall also fall under this occupancy group.

(g)      Group F - Mercantile or Commercial building shall include any building or part thereof which is used for display and sale of merchandise such as shops, stores, markets etc., either wholesale or retail. Banking and financial institutions, business houses and professional establishments of doctors, dentists, engineers, architects, lawyers, pathological laboratories, tailor shops, video shops, barbershop, beauty parlors, newsstands, milk booths, restaurants and non-nuisance type of small establishments using power motor or machine of capacity not exceeding 3 horse power are included in this group. Further, buildings or part of building used exclusively for parking of vehicles (parking buildings, parking plazas etc.) are also included in this group.

Note: Any building with not more than 200 sq. metres built up area accommodating the uses under Group C, D, E and H shall be included in Group F.

(h)     Group G1 - Industrial-1 building shall include any building or part of a building or structure in which products or materials of all kinds and properties are fabricated, assembled, manufactured or processed and the contents are of such comparative low combustibility and the industrial processes or operations conducted therein are-

(i)       of such a nature that there are hardly any possibilities for any self propagating fire to occur; or

(ii)      liable to give rise to a fire which will burn with moderate rapidity or result in other hazardous situation and may give off a considerable volume of smoke, but from which neither toxic fumes nor explosions are to be feared in the event of fire.

Note: Building under Group G1 - Industrial - I occupancy, shall generally, include Engineering work shops, Automobile service stations, Automobile wash stalls, Electroplating works, Service garages with repairing facilities, poultry farms with more than 100 birds, livestock farms with more than 6 dogs, 10 cows or the like, furniture making units, Cashew factories, oil mills, Fish processing units, Coir factories, Water treatment/Filtration plants and Water pump houses, Clock and Watch manufacturing units, Bakeries and biscuit factories, confectionaries, Food processing units, food catering unit, Electric lamps (incandescent and fluorescent) and TV. tube manufacturing units, Dry cleaning, dyeing and laundry units, Flour mills, Manure and fertilizer works (blending, mixing and granulating only) units, Oxygen plants, Plastic goods manufacturing and PVC pipe manufacturing units through injection/extrusion moulding, printing press, rubber goods manufacturing units, manufacture of synthetic leather, spray painting units, and textile mills; all up to 700 sq. metres total built up area.

(i)       Group G2- Industrial- II building shall include any building or part of a building or structure in which products or materials of all kinds and properties are fabricated, assembled, manufactured or processed in which the contents or industrial processes or operations conducted therein are liable to give rise to a fire which will burn with extreme rapidity or result in other hazardous situation or from which poisonous fumes or explosions are to be feared in the event of a fire.

Note (1). Building under Group G2 - Industrial - II occupancy, shall generally, include Bituminized paper/hessian cloth/tar felt manufacturing, Cinema films and T.V. production studios, cotton waste factories, modern meat processing unit/slaughter houses wherein facilities mentioned in the Kerala Panchayat Raj (slaughter house and meat stalls) Rules, 1996 are provided, Electric and gas crematoria, distilleries, tyre retreading and resolving factories and petroleum refineries and LPG bottling plants.

Note (2). For the purpose of these rules, all buildings with total built up area exceeding 700 sq. metres, under uses mentioned in item (h) above shall be included in Group G2 - Industrial - II occupancy.

(i)   Group H - Storage building shall include any building or part thereof used primarily for the storage or sheltering (including servicing, processing or repairing incidental to storage) of goods, wares or merchandise (except those involving highly combustible or explosive products or materials), vehicles and the like. Warehouses, freight depots, transit sheds, storehouses, garages, hangars, grain elevators, barns and silos are included in this group. Minor storage incidental to other occupancies shall be treated as part of the predominant occupancy.

(j)   Group I - Hazardous building shall include any building or part of a building which is used for the storage, handling, manufacturing or processing of highly combustible or explosive materials or products which are liable to bum with extreme rapidity and/or which may produce poisonous fumes or explosions; for the storage, handling, manufacturing or processing which involve highly corrosive, toxic or noxious alkalis, acids or other liquids or chemicals producing flame, fumes and explosive, poisonous, irritant or corrosive gases; and for the storage, handling or processing of any material producing explosive mixtures of dust which result in the division of matter into fine particles subject to spontaneous ignition.

Any process or activity, where raw materials used therein or wastes or effluents thereof would result in the pollution of the general environment are also included under this group.

Building under Group I - Hazardous occupancy shall generally include buildings and yards used for storage under pressure of more than 1 Kg/cm2 and in quantities exceeding 70m3 of acetylene, hydrogen, ammonia, chlorine, phosgene, sulphur dioxide, carbon monoxide, methyl oxide and all gases subject to explosion, fumes or toxic hazard; Godowns or warehouses (combustible/hazardous goods), storage and handling of hazardous and highly inflammable liquids, oil terminals/depots and bulk storage of flammable liquids, crematoria, burial grounds, vaults, garbage dumping yards, abattoirs (slaughter houses), sewage treatment plants of capacity more than 100 KLD, stone crusher units, hot mixing plants of permanent nature (intended to function for more than six months), ready mix concrete plant (intended to function for. more than six months), automobile fuel filling stations, coal, wood and timber yards, saw mills.

Sewage treatment plant of capacity less than 100 KLD and constructed as part of the main building, shall be treated as an ancillary building of the main use.

(k)      Group J: Multiplex complex shall mean an integrated entertainment and shopping centre/shopping complex or a shopping mall, having more than one cinema hall/screens each with seating capacity of 300 or less. Apart from cinema halls, the entertainment area may have restaurants, cafeteria, fast food outlets, video games parlours; pubs, bowling alleys, health spa/centres, convention centres, hotels, other recreational activities and all other permissible uses under Group F. However, habitable areas like hotels and service apartments shall not be allowed in the same block where the multiplexes are set up and shall be allowed only as a separate block. Such a complex may spread over the site or be in one or more blocks which may be high-rise buildings or normal buildings. The total built up area of multiplex complex shall not be less than 12,000 sq. metres and the height of building shall not exceed 50 metres.

Rule - 26. Exterior and Interior open air spaces.

(1)     Every room intended for human habitation shall abut on an exterior or interior open space or verandah open to such exterior or interior open space and such open space shall be maintained for the benefit of the building exclusively and shall be entirely within the owner's own premises and shall be open to the sky and is barred from being subdivided, partitioned or legally bifurcated or transacted, in any manner whatsoever, till such date when the structure itself is demolished and shall be kept free from any erection thereon other than those specially allowed in these rules.

(2)     In the case of buildings with multiple occupancy other than multiplex complex, yards for the most restrictive occupancy shall be provided.

(3)     The required minimum setbacks shall be provided at the ground level itself for the whole building.

(4)     The minimum yards for every building upto 10 metres in height shall be as per the Table 4:

 

TABLE 4

YARDS FOR BUILDINGS UNDER DIFFERENT OCCUPANCIES

Provided that for single family residential buildings the front yard of plots abutting unnotified roads with less than 6 m, shall not be less than 2 m.

Provided further that any one yard other than front yard of a building referred in column (2) and (3) in Table 4 can be reduced upto 50 centimetres if there is no opening on that side.

Provided also that in the case of appurtenant buildings used exclusively for the parking purpose of the main building and constructed in the same plot, the open yard abutting the street shall have minimum 3 metres and other sides shall have minimum 1 metre for buildings upto 10 metres in height and additional open space corresponding to height of the building shall be provided at the rate of 50 centimetres for 3 metres height or part thereof at the ground level itself. Such appurtenant building may abut the main building but the light and ventilation of the main building shall not be reduced below the required minimum by such abutting.

Provided also that unless otherwise specified in a Master Plan/Detailed Town Planning Scheme/Interim Development order in force under the Kerala Town and Country Planning Act, 2016 (9 of 2016), side yards may not be provided for buildings under group F mercantile or commercial occupancy, other than high rise buildings, in an area exclusively zoned for commercial use in such plan/scheme/order, if the owner of the plot abutting the property under construction voluntarily agrees for the same in writing.

Provided also that for Group A1, A2 and F occupancy buildings upto two floors, any one side yard and/or rear yard can abut the boundary other than that of a street with the written consent of the adjoining land owner. If one land owner voluntarily agrees to abut the building in the neighbouring plot to his plot boundary, then the land owner may, also have the right to abut his building to the same plot boundary without a written consent.

(5)     In case a group of buildings are to be put up within any plot belonging to the same owner or by different owners of adjoining lands jointly, the area of the land remaining after accounting for the mandatory front, rear and side yards from the boundary of the plot shall be considered as buildable area of the plot, and the minimum distance between any two buildings up to 10 metres height shall be 2 metres and for building(s) above 10 metres in height, the distance between two buildings shall be 3 metres.

(6)     For buildings above 10 metres in height, in addition to the minimum front, rear and side yards and the minimum width of interior open space required for height upto 10 metres, there shall be provided increase in such minimum yard at the rate of 0.5 metre per every 3 metres height or fraction thereof exceeding 10 metres at the ground level itself, until the total width of yard reaches 16 metres and no further additional setback is required for additional height above this.

(7)     Any room intended for human habitation and not abutting open air spaces on the front, rear or side shall abut on an interior open space whose width shall not be less than 2.4 metres:

(8)     At least 50% of the total open space in the plot shall be left unpaved or, paved with suitable materials enabling percolation of rain water.

(9)     No construction or hanging of any sort shall be permitted to project outside the boundaries of the site.

(10)   Every mandatory open space/yard provided as per these rules, either interior or exterior, shall be kept free from any erection thereon such as Generators, AC plant room, recreational space and the like, and shall be open to the sky, and only cornice, roof or weather shade not more than the width specified in Table 5 below, shall overhang or project over the said mandatory open space/yard.

 

TABLE 5

PROJECTIONS PERMISSIBLE

Provided that when the open space/yard actually provided is more than the minimum prescribed as per these rules, the width of cornice, roof or weather shade shall be permitted corresponding to the increase in the open space/yard provided.

Provided further that no door or window shall be permitted if the open space on that portion is less than 1 metre. However ventilator opening may be made above a height of 2.1 metres from the corresponding floor level if the open space on that side is at least 0.60 metres. Provided also that in the case of construction of buildings in small plots and building construction as per approved schemes of these rules, windows shall be permitted if the open space on that side is at least 0.60 metres.

Provided also that flight of steps or ramps, all open to sky, with or without parapets or railings meant as access to upper or lower floors shall be permitted in the open space if such stair, step or ramp has minimum 0.60 metres distance from the boundaries.

Provided also that the underneath of such flight of steps or ramp, shall not be enclosed however pillars may be permitted for its support.

(11)   The front, rear and side setbacks for constructions below the ground level shall be the same as that required for a 10 metre high building of the same occupancy group constructed above ground level.

Rule - 27. Coverage and Floor Space Index.

(1)     The maximum percentage of coverage permissible for each occupancy shall limit the foot print of a building. The Floor Space Index value shall limit the maximum buildable area. Floor Space Index i.e., F.S.I, shall be calculated as shown below:

F.S.I. = Total builtup area on all floors/Plot area

Note.

(1)     The area of plot to be taken for the calculation of floor space index and coverage shall be the total plot area without deducting the area required from the plot for any proposed road widening stipulated in statutory Town Planning Schemes/Plans under the Town and Country Planning legislation in force, unless otherwise stipulated specifically in such schemes.

(2)     The percentage of coverage and the F.S.I value of buildings under different occupancies shall not exceed the maximum specified as in Table 6 below:

 

TABLE 6

COVERAGE AND FLOOR SPACE INDEX (F.S.I)

(i)       The value of maximum permissible coverage of a building of a particular occupancy group shall be limited by the value given under column (3) and shall be the maximum area covered by the building at any storey, fully or partly above ground level after accounting for the exterior open spaces (front, sides and rear) and interior open spaces.

(ii)      For apartments/flats under Group A1 - Residential occupancy by Government or Quasi Government agencies of Joint venture with Government aimed at housing economically weaker sections (EWS) and or lower income groups (LIG) and Centrally Sponsored Housing Schemes for EWS, a maximum F.S.I, of 5 shall be permitted without additional fee, if built-up area of each and every dwelling unit in it is less than 100 sq. metres. Classification of income groups and matters related to the same shall be decided by the Government in consultation with the Committee constituted under the provisions of Chapter IX of these rules.

(iii)     In the case of buildings used exclusively for worships, the maximum permissible coverage shall be 50 per cent.

(iv)    In the case of Government owned Information Technology Parks, Government approved private Information Technology parks, Government approved private Information Technology buildings under Group E occupancy, the maximum permissible F.S.I, shall be 4 and the maximum permissible coverage shall be 60%. The additional fee prescribed in Table 6 shall not be applicable in such cases.

(v)      In the case of multiple occupancy buildings, required plot area is calculated for each floor separately taking in to account each occupancy in the floor based on the permissible coverage values as per these rules. Coverage shall be considered satisfactory only if such maximum among the calculated plot area for each floor is less than or equal to the actual plot area.

(vi)    In the case of a group of buildings within any plot, required plot area is calculated individually for each building in the plot based on the permissible coverage values as per these rules and the sum of the plot area so calculated is compared with the actual plot area. Coverage shall be considered satisfactory only if the calculated plot area is less than or equal to the actual plot area.

(vii)   In the case of a multiple occupancy building as well as a group of buildings within a plot other than Group G2, I and J occupancies, the maximum permissible Floor Space Index shall be the weighted average of the Floor Space Index under the respective occupancies; weightage for each individual occupancy being the built-up area under each such occupancy and the total weightage being the sum total of built-up area of such building(s).

Weighted F.S.I. = [f1 x A1 + f2 x A2 + f3 x A3 +.........]/A

Rule - 28. Access.

(1)     The minimum width of access to a building and plot as well as the minimum width of the existing street giving access to the plot from the main street shall be as shown in Table 7 and 8, unless otherwise specifically mentioned elsewhere in these rules. The width of the main street shall not be less than the minimum width of access to the building and plot as well as width of street giving access to the plot.

 

TABLE 7

ACCESS FOR GROUP A1, A2, B, C, E AND F OCCUPANCIES

 

TABLE 8

ACCESS FOR GROUP D, G1, G2, H, I AND J OCCUPANCIES

Provided that the access width of any building shall be modified to be in accordance with the provisions in any Town Planning Scheme for the area:

Provided further that other than for high rise buildings, in case there is deficiency as per provisions of these rules, in minimum width of the existing street giving access to the plot from the main street, at one or two short stretches (the total length of the street with reduced access width shall not be more than 1/4th of the total length of the street or 25 metres whichever is less), the Secretary, if convinced that the movement of vehicles and traffic will not be seriously affected, may allow a tolerance upto twenty centimetres in the minimum width of street at such stretches, required as per these rules.

Provided also that wherever off-street car parking is required for the building as per these rules, motorable access of width not less than 3 metres shall be provided to the building and plot.

Provided also that in the case of A1 occupancy, it is necessary that if the number of units is not more than 8, then the width of such motorable access to off-street car parking shall not be less than 2.4 metres.

Provided also that in the case of automobile service stations, automobile wash stalls or service garages, all with repairing facilities under Group G1 occupancies, the access width shall not be less than 7 metres.

Provided also that in the case of all livestock and poultry farms, the access width shall not be less than 1.2 metres if the total built up area is upto 500 sq. metres, 3 metres if the total built up area is above 500 sq. metres but upto 1000 sq. metres and 5 metres if the total built up area is above 1000 sq. metres.

Provided also that in the case of vaults, crematoria or burial grounds, the access width shall not be less than 3 metres.

Provided also that in the case of fuel filling station intended only to fuel boats and the like, the access width shall not be less than 5 metres.

Provided also that in the case of type C Magazines as per the provisions containing in the Explosives Rules, 2008, such width shall not be less than 3.6 metres.

Provided also that internal access to an individual building shall be the mandatory access width required as per Table 7 and 8 above. An internal access can be through the mandatory open space of a building in any occupancy, in the group of buildings, provided the minimum distance between the building and the street giving access to the building shall be 3 metres for high rise buildings and 2 metres for other buildings.

Provided also that such internal street may be permitted in the open spaces which are not used for other mandatory uses such as off-street parking, recreational open space, loading/unloading space etc. specified in these rules.

Provided also that in the case of Government and aided schools upto higher Secondary (including Vocational Higher Secondary) level, the existing access and street shall be sufficient for carrying out the following constructions, reconstruction, addition or alteration of building(s) in the plot, namely:

(i)       any addition of toilet blocks and other sanitation arrangements.

(ii)      other building works without increase in the total built-up area of all the buildings put together in the plot prior to carrying out such works.

Provided also that in the case of all existing schools upto the level of Higher Secondary, including Vocational Higher Secondary, if the total built up area of the construction(s) including existing and proposed does not exceed 5000 sq. metres, 3.6 metres access shall be sufficient.

Provided also that in the case of high rise buildings, the minimum width of access shall be the width as stipulated in Chapter XVII of these rules.

Provided also that in the case of modern meat processing unit/slaughter houses and Electric and gas crematorium in Group G2 occupancy, 5 metres access shall be sufficient.

(2)     In the case of access to the multiple occupancy building, the minimum width of access to a building and plot as well as the minimum width of existing street giving access to the plot from the main street shall be the minimum width of access required for the total built-up area of the building taken together as the most restrictive occupancy for the purpose of this rule.

(3)     In the case of a group of buildings within any plot, the minimum width of access to the plot as well as the minimum width of existing street giving access to the plot from the main street shall be the minimum width of access required for the total built-up area of all the buildings taken together as the most restrictive occupancy for the purpose of this rule.

(4)     No person shall at any time construct or cause or permit to construct or reconstruct any building which in any way encroaches upon or diminishes the area set apart as access to that building.

(5)     No person shall construct a building or undertake construction work on a building which reduces the access to any building previously existing, below the minimum width required under these rules.

(6)     No building shall be constructed so as to deprive any other building of an existing access.

(7)     Every access shall be drained and lighted to the satisfaction of the Secretary and manhole covers or other drainage, water or any other fittings laid in such access shall be flush with finished surface level so as not to obstruct safe travel over the same.

(8)     The clear headroom for motorable access within the plot shall not be less than 5 metres.

(9)     Waterway other than sea routes will be considered as an access to islands as per these rules, if the following conditions are satisfied:

(a)      Waterway which is considered as access to the island shall be navigable.

(b)      Road access as per these Rules shall be provided upto the public boat landing/jetty area except for single family residential buildings.

(c)      Approval shall be obtained from the Fire and Rescue Services Department.

Rule - 29. Parking, loading and unloading spaces.

(1)     Area of each off-street parking space provided for parking motor cars shall not be less than 15 sq. metres, length of the parking bay shall not be less than 5.5 m.

(2)     For buildings of different occupancies, off-street parking spaces for motor cars shall be provided within the plot as specified in Table 9 and 10 as the case be.

(3)     Parking requirement is calculated based on built-up area. The area provided for parking inside the building shall not be taken into account while calculating the built-up area for assessing the parking requirement of the building.

 

TABLE 9

OFF-STREET PARKING SPACE FOR APARTMENTS/FLATS UNDER GROUP-A1

Note. Fractions if any in the total number of parking worked out shall be rounded off to the next whole number. In addition to the above, additional car parking space has to be provided inside the plot if required and on-street parking will not be permitted.

 

TABLE 10

OFF-STREET PARKING SPACE FOR OCCUPANCIES OTHER THAN GROUP-A1

Provided that in the case of a building/building complex accommodating more than one occupancy, parking as above shall be made available in the same plot itself, earmarking the occupancy wise parking areas as detailed in Table 9 and 10 for the respective occupancies:

Provided further that, in the case of Government Owned Information Technology Parks, Bio Technology buildings/Parks, Government Approved Private Information Technology Parks and Government Approved Private Information Technology Buildings under Group E occupancy, the off-street car parking requirement shall be at the rate of one parking space for every 120 sq. metres of built-up area or fraction thereof.

(4)     Every off-street parking space shall be provided with adequate vehicular access to a street, area of drives, aisles and such other provisions required and adequate area for maneuvering of vehicles in addition. Such drives, ramps, aisles intended for vehicular movements shall satisfy the following:

(i)       Drive way leading to off-street parking space shall have width not less than 3 metres and shall be motorable. But in the case of A1 occupancy, if the number of units is not more than 8, then the width of such motorable access to off-street car parking shall not be less than 2.4 metres.

(ii)      Width of ramp for driveway for one-way direction shall not be less than 3.5 metres, 5.5 metres for two-way direction and at curves it shall not be less than 4 metres and 6 metres respectively, and slope of such ramps shall not be steeper than 1: 7.

(iii)     The width of vehicular passage for rows of parking for motor cars shall not be less than 4.5 metres

(iv)    The headroom for the drive way, ramps, passage etc. for motor car movement shall not be less than 2.2 metres at any point.

(v)      The headroom of floors exclusively used for parking of cars and two wheelers shall not be less than 2.2 metres.

(vi)    Minimum turning radius of 9 metres to be provided for fire tenders.

(5)     Wherever any off-street parking space is required under these rules, 25% of that area shall be provided additionally for parking two wheelers.

(6)     In the case of apartments/flats, 15% of mandatory off-street parking space as in Table 9 shall be provided additionally, earmarked and maintained exclusively to accommodate visitors' parking.

(7)     In addition to the parking space as in Table 10, in the case of Group F Mercantile or Commercial, Group G1- Industrial-I and Group G2- Industrial-II and Group H - storage occupancies, loading and unloading spaces each 30 sq. metres shall be provided within the plot, at the rate of one such space for each 1000 sq. metres of built-up area or fraction thereof, exceeding the first 700 sq. metres of built-up area.

(8)     Not exceeding fifty percent of each mandatory open yard shall be taken into account for calculating the required parking space if such open yard has adequate vehicular access and area for maneuvering.

(9)     The minimum mandatory open spaces around any building(s) as well as mandatory parking spaces as per these rules shall not be sold or let out for parking of vehicles other than that for the building(s).

(10)   Of the mandatory off-street car parking requirement as per these Rules, fifty per cent at the maximum may be provided for by mechanised parking, on condition that the owner/occupant shall ensure proper safety, structural stability and functioning of such mechanized parking system at all times. Minimum headroom of parking lot in mechanized parking shall not be less than 2 metres.

(11)   In case of exclusive mechanized parking facility the proposed facility may abut building and/or 1 m from the boundaries irrespective of height of the facility.

Rule - 30. Approval for layout of buildings and usage of plot.

Approval of the District Town Planner or the Chief Town Planner, as the case may be, shall be obtained for the usage of plots and lay out of buildings with area/dwelling units as stipulated in Table 11.

 

TABLE 11

APPROVALS FROM TOWN AND COUNTRY PLANNING DEPARTMENT

Note. In Table 11 above, built-up area includes the area of existing and proposed buildings.

Provided further that in the case of Type C Magazines as per the provisions contained in the Explosives Rules 2008, such approval of the District Town Planner or Chief Town Planner is not necessary. However, all other mandatory clearances applicable for such constructions shall be obtained.

Rule - 31. Land sub-division and plot development.

(1)     For residential use.

All new land subdivisions and plot developments shall be subject to the following, namely:

(i)       the area of any newly subdivided plot, reconstituted plot or building plot shall be not less than 125 sq. metres with an average width of 6 metres: Provided that for row housing where side open spaces are not required, it is sufficient if the plot has an average width of 4.5 metres;

(ii)      every plot shall have a frontage of not less than 4 metres on any abutting street;

(iii)     every street in the layout shall have not less than 7 metres width and shall be motorable;

Provided that in the case of cul-de-sacs with length not exceeding 250 metres it is sufficient if the street (cul-de-sac) has not less than 5 metres width; Provided further that in residential areas where motorable street cannot be made due to difficult terrain, the width of any new street shall not be less than 5 metres and where the length of such street does not exceed 250 metre it is sufficient if the street has not less than 3 metres width;

(iv)    the minimum existing width of the street giving access to the land proposed for subdivision from the main street shall be as given in Table 12: TABLE 12

 

WIDTH OF STREET

(v)      when the area of the land under development work, layout or subdivision exceeding ten plots is 0.5 hectares or more, ten percent of the total area shall be provided for recreational open spaces and shall be suitably located to be accessible to the residents of the layout;

provided that while considering the area of the land, the area of any contiguous land belonging to the same owner, though not proposed for immediate development shall be taken into account;

(vi)    the recreational open space to be provided under item (v) shall have an access as if it were a separate plot and as far as possible it shall be in one piece and in no case less than 2 Ares in area with a minimum width of 6 metres;

(vii)   the layout or subdivision proposal shall be in conformity with the provisions of Master Plan/Detailed Town Planning Scheme/Interim Development Order, if any, in force under the Kerala Town and Country Planning Act, 2016 (9 of 2016), and if the land is affected by any reservation for a public purpose, the Secretary may agree to adjust its exact location to suit the development but not so as to affect its area;

(viii)  the street junctions shall be splayed or rounded off to give sufficient turning radius and sight distance for vehicles and the side of the splay shall be a minimum of 4 metres for roads up to 10 metres and shall be a minimum of 10 metres for roads exceeding 10 metres width as shown in the figure below:

(ix)    in the case of lay out or sub division of land having an area of two hectares or more a suitable location for an electric transformer shall be provided;

(x)      in the case of layout for subdivision of land, where the number of residential plots exceeds 10 and plot area less than 0.5 hectare approval of the Secretary, Local Self Government Institution shall be obtained as per the provisions of this rule.

(xi)    in the case of layout for subdivision of land, where the number of residential plots exceeds 20 or if the area of the land is above 0.5 hectare approval of the District Town Planner shall be obtained.

(xii)   if the site forms part of approved layout, copy of sub division layout shall be enclosed along with the plans for approval;

(xiii)  adequate arrangements for surface water drainage shall be provided with suitable drains etc;

(xiv)  for the entire period of land development, the owner shall display the details of the permit near the entrance to the site in a board of size not less than 100 centimetres x 75 centimetres. The details to be displayed include name and address of the owner and developer with phone number, details of plots such as number, area and use, the area and location of recreational open spaces, road widths, number and date of approval of the District Town Planner/Chief Town Planner, number and date of the permit and the name of Local Self Government Institution; and

(xv)   In the case the number of plot of layout for subdivision exceeds 10, any yard adjoining internal road/street of building(s) upto 10 metres height can be reduced to 2 metres.

(2)     For industrial use.

All new land sub-divisions and plot developments shall be subject to the following:

(i)       the width of every new street, public or private, intended for use as a motor way giving access to or through an organized industrial area with not less than six constituent units, shall be minimum 10 metres;

Provided that in the case of Group G1 Industrial-I units or cul-de-sac not exceeding 250 metres length, the minimum road width shall be 7 metres.

(ii)      the minimum size of industrial plot abutting street shall be 400 sq. metres in extent with a width of not less than 15 metres;

Provided that the minimum plot requirement in item (ii) shall not apply to Group G1 Industrial-I units;

(iii)     in industrial layouts a place for installation of transformer shall be provided;

(iv)    The approval of the District Town Planner shall be obtained for the layout of industrial streets and land sub-division exceeding five plots;

(v)      the usage of plots proposed for development or redevelopment shall be governed by the provisions contained in the Master Plan/Detailed Town Planning Scheme/Interim Development Order, if any, in force under the Kerala Town and Country Planning Act, 2016 (9 of 2016) prepared for the locality;

Provided that where no such plan exists, the usage of plots shall be as approved by the District Town Planner or an officer authorized by him.

(3)     For mercantile (commercial) use.

All new land sub-divisions and plot developments shall be subject to the following:

(i)       the width of every new street, public or private, intended for use as motor way giving access to or through a commercial precinct consisting of a continuous row of shops exceeding ten in number shall not be less than 10 metres except in the case of cul-de-sac not exceeding 150 metres length, where the minimum width shall be 7 metres;

(ii)      the frontage of every commercial plot abutting the street, shall have a minimum width of 6 metres;

(iii)     the minimum size of plot within a layout proposed for commercial development shall not be less than 60 Sq. metres;

(iv)    for every plot within a layout for commercial development, building line from the street shall not be less than 3 metres;

(v)      no plot intended to house a service garage or auto workshop within a layout for commercial development shall be of an area less than 300 sq. metres and an average plot width less than 12 metres; and

(vi)    The approval of the District Town Planner shall be obtained for the layout of all new Commercial Street and land sub-division exceeding five plots.

CHAPTER V PARTS OF BUILDING

Rule - 32. Mezzanine floor.

(1)     The built-up area of mezzanine floor shall not exceed one third area of the main floor or room accommodating the mezzanine floor.

(2)     The clear headroom beneath and above the mezzanine floor shall not be less than 2.2 metres.

Rule - 33. Height of room.

The height of room intended for human entry in a building other than residential occupancy and livestock/poultry farm shall not be less than 3 metres:

Provided that in the case of air conditioned rooms it shall not be less than 2.4 metres.

Rule - 34. Sanitation Facilities.

(1)     Size of bathroom and latrine.

(1)     The area of bathroom shall not be less than 1.50 sq.metres with either side not less than 1.1m, area of a latrine shall not be less than 1.10 sq. metres with one side not less than 1.0 metre:

Provided that the area of combined bathroom and latrine shall be not less than 2.2 sq metres with one side not less than 1. 1 metres:

(2)     The height of bathroom or latrine shall be not less than 2.20 metres.

(2)     Water closet.

Every building above 50 square metres of built up area shall be provided with at least one water closet.

(3)     Calculation of sanitation facilities

(1)     Sanitation facilities to be provided for occupancies other than Group A1 shall be provided in numbers not less than those stipulated in Table 14 and Table 15, as the case may be. The occupant load for this purpose shall be computed at the rate given in Table 13.

 

TABLE 13

OCCUPANT LOAD FOR CALCULATING SANITATION REQUIREMENTS

Note: It may be assumed that 2/3 of the number are males and 1/3 are females.

 

TABLE 14

SANITATION REQUIREMENTS

 

 

TABLE 15

SANITATION REQUIREMENTS FOR MEDICAL/HOSPITAL OCCUPANCY

Provided that in the case of Information technology parks/technology parks sanitation requirements shall be that of 75% of the office occupancy.

(2)     The Minimum sanitation facilities to be provided in hazardous buildings shall be as given below:

(a)      at the rate of one water closet for the first 50 males or part thereof and two water closet for the first 50 females or part thereof and thereafter one water closet for every additional 70 persons or part thereof, whether male or female;

(b)      at the rate of one urinal for every 100 males or part thereof;

(c)      at the rate of one drinking water fountain for every 100 person or part thereof;

(d)      at the rate of one washing facility for 50 persons or part thereof; and

(e)      In cases where the total number of workers does not exceed 5, at least one water closet shall be provided.

(3)     Segregated sanitation for Visitors in Public Buildings

(a)      In respect of the following new buildings, special segregated sanitation facilities as separate block shall be provided within the plot, in a conspicuous location, outside the main building block(s):

(i)       Civil stations, Panchayat offices, Taluk offices, village offices

(ii)      Any other office in plots owned by Government or Panchayat as decided by the Government or Panchayat respectively from time to time;

(iii)     Hospitals with total built-up area more than 1000 sq. metres;

(iv)    Bus stations, railway stations, airports and public water transport terminals.

(v)      Automobile fuel filling stations

(b)      Such sanitation facility shall be at least 10 percent of the sanitation requirement stipulated in Tables 14 and 15 for water closets, urinals and wash basins subject to a minimum of one WC, urinal and washbasin each for male, one WC and washbasin each for female and one WC and washbasin each for disabled persons. The minimum standards for WC and Washbasin for disabled shall be as provided in Rule 42.

(c)      It must be accessible to visitors and general public during the operational hours of the building.

(4)     As far as possible, low water consumption plumbing fixtures shall be provided in all buildings.

(5)     In the case of Government owned Information Technology Parks, Government approved Private Information Technology Parks, Government approved private Information Technology buildings under Group E occupancy, additional sanitation facilities for visitors need not be provided.

Rule - 35. Staircases and fire escape staircases.

(1)     Staircases.

(1)     Any building having more than one floor shall be provided with a staircase unless each such floor is independently accessible from ground.

(2)     The number and width of stair shall be determined with respect to the occupant load as table 16 of these rules and maximum travel distance between two stairs shall not be less than 60m.

(3)     For such stair:

(a)      minimum width of stair shall be 120 centimeters,

(b)      minimum width of tread shall be 30 centimeters,

(c)      maximum height of riser shall be 15 centimeters

(d)      minimum height of handrail shall be 90 centimeters

(4)     The minimum headroom in a passage under the landing of a staircase and under the staircase shall be 2.2m.

(5)     Any building having more than three floors including basement floor(s) shall have at least two staircases, one of which may be a fire escape staircase:

(6)     Escalators can be provided instead of staircases. The width of such escalators shall not be less than one metre.

(2)     Fire escape staircase.

(1)     Fire escape staircase shall be provided for every building under:

(a)      Residential occupancy exceeding three storeys above ground level;

(b)      Non-residential occupancies exceeding two storeys above ground level

Note: Fire escape staircase is one which is connected to public areas and/or common areas on all floors and leads directly to exterior open space at ground, has at least one side abutting external wall, this side being provided with openable glass or break open glass or fully open and has landing areas accessible from the external side to facilitate rescue operations during an emergency.

(2)     Width of fire escape staircase shall not be less than one metre

(3)     Tread shall not be less than 25 centimetres

(4)     Riser shall not exceed 19 centimetres and the number of risers shall not exceed 16 per flight of stairs

(5)     Height of handrail of a fire escape staircase shall not be less than 100 centimetres and not more than 120 centimetres.

(6)     The spacing between the balustrades should be less than 15 centimetres.

(7)     The use of spiral staircase shall be limited to buildings up to 10 metres in height. Spiral staircase shall not be less than 15.0 centimetres in diameter and shall be designed to give adequate head room.

(8)     Fire escape stairs shall have straight flight for building exceeding 10 metres height

(9)     Entrance to fire escape stair shall be separated and as far as possible remote from other staircase(s) if any.

(10)   If the staircase provided for the building upto three storeys satisfies the provisions of fire escape stair also, no separate fire escape stair is needed.

(3)     Ramps.

Ramps, if provided as a substitute for stairways, shall be laid with a slope not exceeding 1 in 10 and such ramp shall comply with all requirements of a stairway and shall be surfaced with approved non-slippery materials.

Rule - 36. Travel distance to emergency exit.

(1)     Every building meant for human occupancy shall be provided with emergency exit sufficient to facilitate safe escape of occupants in case of fire or other emergency.

(2)     Emergency exits shall be located in such a way that the travel distance on each floor shall not exceed 30 metres for every occupant.

(3)     Emergency exists may be either horizontal or vertical.

(4)     Emergency exits in the case of ground floor may be a doorway, corridor or passage to an internal staircase or external staircase, ramps to the street or to the roof of a building, which may be horizontal exits leading to the ground or adjoining building at the same level. In the case of upper or lower floors, emergency exits may be a staircase leading to the ground.

Provided that lifts and escalators shall not be considered as emergency exits.

Rule - 37. Exit Width.

(1)     The unit of exit width used to measure the capacity of any exit shall be 50 centimetres, a clear width of 25 centimetres shall be counted as an additional half unit and clear width less than 25 centimetres shall not be counted for exit width.

(2)     Occupants per unit exit width shall be as in Table 16.

 

TABLE 16

OCCUPANTS PER UNIT EXIT WIDTH

(3)     For determining the exit width required, the number of persons in any floor or the occupant load shall be based on the actual number of occupants but in no case less than that specified in Table 17.

 

TABLE 17

OCCUPANT LOAD

(4)     Exits shall be either horizontal or vertical type.

(5)     An exit may be a doorway corridor or passageway to an internal staircase or an external staircase (upstairs, downstairs or both), or a ramp which has access to the street or to the roof of a building;

Provided that lifts and escalators shall not be considered as exits.

(6)     For determining the exit width of staircases the width of one flight of stair is considered.

Rule - 38. Doorways.

(1)     Every exit doorway shall open into an enclosed stairway or a horizontal exit or a corridor or passageway providing continuous and protected means of egress.

(2)     No exit doorway shall be less than 75 centimeters in the case of residential and 1.2 metres in the case of all other occupancies.

(3)     Revolving door shall not be provided as a means of fire exit.

Rule - 39. Corridor, verandahs and passageways.

The clear width of any corridor, verandah or passageway in any building shall be not less than 1.0 metre at any point. The width of passages giving access to the staircase shall not at any point be less than the width of the stair.

Rule - 40. Lift/Escalator.

(1)     Any building exceeding three storeys in the case of group C-Hospital/medical occupancy and four storeys in the case of other occupancies shall have at least one lift.

Provided that additional lift shall be provided at the rate of one lift for every 2500 sq. metres of the total built up area or part thereof (except parking area provided inside the building) in excess of the first 4000 square metres, or by adopting the provisions in the National Building Code for calculating the number of lifts/escalator, in which case, the respective registered engineer, architect etc. shall furnish certificate, design calculation and specifications all duly signed, along with the application for building permit. The certificate shall be to the effect that the lifts/escalator provided conform to the provisions of the National Building Code.

(2)     The planning, design and installation of lifts/escalator shall be in accordance with Part 8, Volume 2, Section 5 in National Building Code of India, 2016.

(3)     Whenever more than one lift is required as per sub-rule (1) or byelaws made under the Act, at least one lift shall be a higher capacity lift that can carry a stretcher.

(4)     In the case of high rise apartment building having more than 16 dwelling units, at least one lift capable of carrying a stretcher shall be provided.

Rule - 41. Lighting and Ventilation.

(1)     Every habitable room shall be furnished with sufficient number of openings such as windows and ventilators affording effectual means of admission of light and air by direct communication with the external air or shall be sufficiently lighted and ventilated by artificial means.

(2)     No portion of a room shall be assumed to be lighted if it is more than 7.5 metres away from the opening assumed for lighting that portion unless it is artificially lighted.

(3)     Windows and ventilators which open into a verandah shall be deemed to communicate with the external air, if such verandah is not more than 3 metres wide and open throughout its entire length into an open space open to the sky, the width of such open space being not less than 3.0 metres. Trellising, mesh, grill or net may, however, be provided on the open side of the verandah;

(4)     Every kitchen shall be ventilated according to the standards stipulated for habitable rooms and shall have suitable flue for the escape of smoke and heated air unless it is provided with an approved form of smokeless installation.

(5)     Every bathroom or latrine shall be provided with sufficient light and ventilation.

(6)     Every bathroom or latrine shall have at least one of its walls abutting on an open space or open verandah or an air shaft if not centrally air conditioned; the size of air shaft shall not be less than that specified in Table 18.

 

TABLE 18

SIZE OF AIR SHAFT

(7)     All buildings coming under the purview of sub-rule (5) of Rule 5 shall also follow the lighting and ventilation standards mentioned in the KSECBC

Rule - 42. Provisions for Differently-abled, Elderly and Children.

All buildings under occupancy groups A2, B, C, D, E, F and J which have access to the public and all apartment buildings/residential flats under occupancy group A1 shall be provided with the following facilities for the differently-abled, elderly and children:

(1)     Every such building shall have easy access to the main entrance through a ramp.

(2)     Every public building exceeding 1000 sq. metres and residential flats exceeding 2500 sq. metres built-up area shall have lift or separate approach through a ramp (intended for the differently-abled and elderly) to each floor. The minimum cage dimensions of such lift shall be as follows:

(i)       Clear internal width 110 cm

(ii)      Clear internal depth 200 cm

(iii)     Entrance door width 90 cm

(3)     The maximum gradient of any ramp approach intended for the differently-abled, elderly and children shall not exceed 1 in 12 and shall be finished with non-slippery material. The minimum width of ramp shall be 120 cm. and provided with handrails of 80 cm height on both sides. Minimum gap from the adjacent wall to the hand rail shall be 50mm. The slope of all such ramps shall be constant within a building. Entrance landing shall be provided adjacent to ramp with the minimum dimension 120 cm x 150 cm.

(4)     Toilets:

A minimum of one special water closet shall be provided for the use of the differently-abled and elderly with essential provision of a wash basin at an easily accessible location with proper signages:

Provided that in the case of such special toilets:

(a)      These shall be provided at the ground floor for A1, A2, B, C, D, E, F & J occupancies and at every floor in multiples of three for A2, B, C, D, E, F& J occupancies.

(b)      Minimum size of toilet shall be 1.50 m x 1.75 m.

(c)      Minimum clear opening of the door shall be 90 cm. wide, the door shall swing out, or be sliding or folding type.

(d)      Suitable arrangements of vertical/horizontal handrails with 5cm. clearance from the wall shall be provided in the toilet.

(e)      The water closet seat shall be 50 cm. above from the floor level:

(f)       At least one sink in each floor shall have a knee room of 70cm. high under the sink; and

(g)      Locks of such toilet doors shall be of a type that can be opened from outside in case of emergency.

(5)     Parking facilities

(a)      3% of the required parking subject to a minimum of one car space, shall be provided near the entrance, exclusively for use of the differently-abled with maximum travel distance of 30 metres, from the building entrance.

(b)      The width of such parking bay shall be at least 3.6 metres.

(6)     Walks and paths:

(a)      Walks shall be smooth with hard level surface suitable for walking and wheeling. Avoid grates and manholes in walks. If grates cannot be avoided, then bearing bar shall be perpendicular to the travel path and opening between bars shall not be greater than 12mm in width.

(b)      The walkway shall not cross vehicular traffic.

(7)     In Group A2 Lodging Houses & Special Residential, one room for every 25 rooms or part thereof shall be set apart for the differently-abled.

(8)     Other Special Treatments

(a)      All obstructions and projections up to a minimum of 2.1 metre height from the finished floor level shall be avoided.

(b)      Recoil doors shall be avoided, wherever there is access to the general public;

(c)      Minimum & clear opening of the entrance door shall be 90 cm and it shall not be provided with a step that obstructs the passage of a wheel chair user.

(d)      Appropriate signages shall be provided at salient locations for facilitating the differently-abled.

Rule - 43. Other provisions for Apartment buildings under Group A1 Residential occupancy.

(1)     Any residential apartment having more than 12 dwelling units in a single plot or single building shall be provided with a recreational space of suitable size but minimum dimension of such recreational open space shall be more than 1.2 m.

(2)     The recreational open space as per sub-rule (1) shall not be less than 6% of the total built-up area of all floors taken together. A minimum 35% of such recreational space shall be provided outside the building on the ground itself. Remaining recreational space may be provided either inside a building or outside or both. The recreational space, if provided outside a building on the ground, shall be exclusive of parking areas, driveways and the like. Recreational open space shall be given in ground level above utility areas such as underground sump, sewage treatment plants only after providing adequate safety measures. Recreational space shall not be provided above manholes. If recreational space is partly provided on any open terrace, the recreational space so provided shall not be more than 25% of the open terrace area. Such space shall be enclosed all around either by walls or parapet walls made of stable materials to a height of not less than 150 centimetres with grill mesh of size not more than 10 centimeters x 10 centimetres over it up to further height of 150 centimeters. Such recreational space in open terrace shall be provided with safety measures including exits as per these rules.

Note.

(1)     Spaces like swimming pool, recreation hall or health club shall also be considered as recreation space for this purpose.

(2)     The recreation space may be provided as a single unit or as different units.

(3)     The recreational space(s) so provided shall be easily and safely accessible to differently-abled persons including children with special needs.

Rule - 44. Other provisions for Group D Assembly Occupancy buildings.

(1)     The height of room in Assembly occupancy buildings shall be minimum 4 metres;

Provided that in the case of air conditioned auditoriums/halls it shall be minimum 3 metres;

(2)     The clear head room beneath and above the mezzanine or balcony shall be not less than 3 metres.

Provided that such headroom shall not be less than 2.4 metres in air conditioned rooms.

(3)     The height of store room, toilets, lumber, and cellar rooms shall not be less than 2.4 metres

(4)     Balconies or galleries or mezzanines shall be restricted to 25 per cent of the total built-up area of assembly hall area.

(5)     The maximum slope of the balcony or gallery or mezzanine shall not exceed 35 degrees.

(6)     The Standard of ventilation in assembly occupancy buildings shall be 28cu.m fresh air per seat per hour.

(7)     In the case of Cinema theatres, the location, size and building construction shall conform to the Provisions in the Kerala Cinema Regulations, 1988 as amended from time to time and the IS : 4878-1968, Byelaws for construction of Cinema Buildings.

(8)     In the case of alteration to existing authorised cinema hall(s)/theatre(s) into multiple screens without increasing the total seating capacity, and if such internal alteration include only structures relating to fixing of cinema screen(s) and interior partitioning, Secretary shall permit such internal changes of the building, subject to the following conditions:

(i)       in the case of addition, alteration, reconstruction or change in occupancy of the existing cinema theatres whether having existing valid license or had a valid license as per Kerala Cinemas (Regulation) Act, 1958 (32 of 1958), building permit shall be issued only if a cinema theatre having 1/3rd seating capacity of the existing theatre, is also proposed/retained.

(ii)      the existing coverage, total built-up area on all floors, total seating capacity and height of building shall not be exceeded;

(iii)     the available off-street parking spaces and yards or open spaces or setbacks of existing authorised building(s) shall not be reduced;

(iv)    provisions contained in Rule 81(9) and 81(10) of these rules shall apply irrespective of whether the building is a high-rise building or not: Provided that works as specified in item (i) to (iv) of Rule 8 for which permit is not necessary may also be carried out along with such alteration; Provided further that the provisions in this sub-rule is applicable to only those existing authorised cinema halls/buildings which are to be used exclusively for showing films.

Rule - 45. Other provisions regarding Group G1 and G2 industrial occupancy buildings.

(1)     Location of any industry shall conform to the provisions contained in the Kerala Factories Rules, 1957 or any other Central or State Act or Rules or Regulations in respect of industrial location and licensing in force.

(2)     In areas falling under the purview of the Kerala Industrial Single Window Clearance Boards and Industrial Township Area Development Act, 1999 (5 of 2000), provisions as applicable under that Act shall be followed.

(3)     All work rooms in buildings under industrial occupancy shall be provided with a built-up area computed at a rate, not less than 4.2 sq. metres per person employed in such rooms, exclusive of built-up area occupied by the machinery and breathing space of 15 cubic metres per worker:

Provided that the areas of any work room shall be not less than 9.5 Sq. metres.

(4)     The minimum height of work room shall depend upon the type of industry, the noxious gases which might be produced or the heat generated due to the process, the specification of room construction, the number of workers employed in any work area and the comfort conditions available through installation of mechanical ventilation or air conditioning system :

Provided that the height of any work room shall not be less than 3.6 metres measured from the floor level to the lowest point in the ceiling.

(5)     Height of office, laboratory, entrance hall, canteen, cloakroom etc. shall not be less than 3 metres.

(6)     In the case of store rooms, and toilets the height shall not be less than 2.4 metres.

Rule - 46. Other provisions regarding Group H Storage occupancy buildings.

Every building or part thereof, designed or intended for the storage of food stuffs shall conform to the requirements specified below:

(1)     every building unless supported on pillars shall have continuous foundation walls extending from at least 60 centimetres below ground level to at least 15 centimetres above ground level or shall have a continuous floor of masonry or reinforced concrete or other quality rat- proof-material.

(2)     all openings in foundations or floors, windows and drains and all junctions between foundations and walls of the building shall be effectively rat-proofed; windows and doors shall be securely covered with rat-proof screening or grillage or shall be tightly closed with metal sheeting, concrete or other equally rat-proof-material.

Rule - 47. Other provisions regarding Fuel filling stations under Group I Hazardous occupancy.

(1)     The location and or construction of fuel tank and vent-pipe shall be governed by the provisions of the Petroleum Rules, 2002.

(2)     A clear space of not less than 7.5 metres shall be provided all around the retail dispensing units of fuel filling station.

Provided that in the case of fuel pumping station intended to fuel boats and the like, the retail dispensing unit shall be installed at a distance of not less than 3 metres from the boundary of waterfront.

(3)     The kiosk or sales office shall have a minimum open space of 1 metre from the plot boundaries other than that abutting the street.

(4)     In the case of canopies with sheet roof attached to automobile fuel filling stations, a setback of not less than 3 metres from road boundaries abutting the plot and not less than one metre from other plot boundaries shall be provided. Such canopy shall not be counted for calculation of coverage and F.S.I.

Rule - 48. Certain Buildings exempted.

Single family residential buildings, other than apartments under Group A1 residential occupancy shall be exempted from the provisions in this chapter.

CHAPTER VI SPECIAL PROVISIONS FOR HUTS AND CERTAIN OTHER CONSTRUCTIONS, TRIBAL COLONIES AND BUILDINGS IN SMALL PLOTS

Rule - 49.1. Special provisions for huts and certain other constructions.

(1)     Provisions in this rule shall apply to the following constructions or reconstructions or additions or alterations and development or redevelopment of land pertaining to;

(i)       Huts; mentioned in Rule 8 item (xi)

(ii)      Single family residential buildings in Category-II Village Panchayats under Group A1 - Residential occupancy with total built-up area on all floors upto 100 sq. metres (including existing and proposed within the plot) and number of storeys limited to two. All statutory acts and laws will be applicable to the construction of huts.

(2)     Permit not necessary.

For buildings as stipulated in sub-rule (1) of Rule 49.1, permit as per these rules is not necessary.

(3)     Provisions regarding distance from road, etc.

(1)     For huts the following provisions shall apply:

(i)       The minimum distance between the plot boundary abutting any street other than National Highway, State Highways, or District roads or other roads notified by the Panchayat and the hut shall be 1.0 metre.

(ii)      All sides including the front and rear shall have minimum 60 centimetres distance from all the boundaries other than that abutting a road.

(2)     For single family residential buildings in Category -II Village Panchayats under Group A1 - Residential occupancy with total built-up area on all floors upto 100 sq. metres (including existing and proposed within the plot) and number of storeys limited to two the following provisions shall apply:-

(i)       The minimum distance between the plot boundary abutting any street other than National Highway, State Highways, or District roads or other roads notified by the Panchayat and the building shall be 1.5 metre.

(ii)      All sides including the front and rear shall have minimum 90 centimetres distance from all the boundaries other than that abutting a road. Provided that, any yard other than that abutting a street can be reduced upto a width of 60 centimetres and can even abut the boundary with the written consent of the owner of the land on that side:

Provided further that no openings shall be provided on sides abutting the plot boundary and only ventilators (above a height of 2.20 metres above the floor level) shall be provided if the width of yard is less than 60 centimetres:

Provided further that, no construction or hanging of any sort shall project outside the boundaries of the site:

The projections like cornice roof, sun shade and weather shade shall be so limited that the width of the remaining open space shall not be less than 30 centimetres.

(4)     If the site is within a distance of 10 metres from any property maintained by Defence establishment and/or within 30 metres from the railway boundary and/or within any Security Zone, no work shall be commenced at site, until letter of intimation of the Secretary with regard to objections if any furnished by the authority or officer concerned as per sub-rule 4 of Rule 5 as the case may be, are received by the owner. In such cases, the Secretary shall carry out actions for obtaining objections if any from the respective officer/authority and the same shall be intimated to the owner in writing immediately.

Rule - 49.2. Special provisions for Tribal colonies.

(1)     When the Panchayat in which these rules are extended comprises Tribal Area Declared/notified by Government, the provisions in this chapter need only be made applicable to those constructions/developments intended for Tribal people or made by Tribal people, in Tribal areas.

(2)     In the case of construction/developments by authorised agencies for the welfare of Tribal people; the Engineer or Architect in charge of the project/scheme shall prepare layout and designs suitable for the area and life style of the Tribals, in consultation with their representatives including the "Mooppan" of the area; and get them approved by the Panchayat.

(i)       The minimum distance between the plot boundary abutting any street other than National Highways, State Highways, District roads and other roads notified by the Panchayat and the building other than compound wall or fence or out door display structure shall be 1.0 metres;

(ii)      Number of floors shall be limited to two & a stair room;

(iii)     The minimum distance between buildings shall not be less than 1.50 metres;

(iv)    Minimum front open space of 1.50 metres shall be provided exclusively for each unit;

(v)      A toilet shall be provided for each unit; with necessary leach pit or septic tank, which may be common.

(3)     In the case of construction/developments other than huts made by Tribal people in their land inside or outside a cluster of houses/settlement; the Panchayat may provide necessary assistance and guide lines so as to conform to the guide lines in sub-rule 2 of Rule 49.2, and also give necessary technical and infrastructural support as far as possible; and number the houses.

Rule - 50. Special provisions for construction in small plots.

(1)     Applicability.-

The provisions in the Kerala Panchayat Building rules, 2019 shall apply to construction of building under Group A1-Residential and/or Group F - Commercial occupancy, in plots not exceeding 125 sq.metres of area subject to modifications in this chapter:

Provided that permit shall not be granted under this rule to one and the same person or with his consent to another person, for constructing different buildings, whether separately or abutting each other, in plots formed by division of one or more plots, he remaining as owner of more than one such divided plots or if that person has another plot abutting the proposed plot

(2)     Number of floors to be limited.-

The number of floors allowed shall be 3 floors and stair-room with maximum height of building restricted to 10 metres excluding stair room.

(3)     Certain provisions not to apply.-

Provisions regarding F.S.I., coverage, access width, height restriction with regard to width of road and the yard abutting the road, off-street parking, dimension with regard to building parts and light and ventilation shall not apply to buildings under this Chapter.

CHAPTER VII ROW BUILDINGS

Rule - 51. Special provisions for row buildings.

(1)     Applicability.

The provisions in the Kerala Panchayat Building Rules, 2019 shall apply to construction of row buildings subject to modifications in this chapter.

(2)     Row buildings to be allowed on declared streets.

The Secretary shall permit the construction or reconstruction of row buildings only on the sides or part of a side or sides of any street, where the Panchayat has by declaration published, decided to allow row buildings.

(3)     Number of units that can be permitted.

The number of dwelling units in a row of buildings shall not exceed ten.

Note: A row building with separate entry and exit and separated by common wall from other row buildings abutting it shall be deemed to be one unit for this purpose.

(4)     Plot area.

The area of plot for one unit shall not exceed 85 sq. metres.

(5)     Maximum floors.

The maximum number of floors permitted shall be two and a staircase room. '

(6)     Certain provisions not to apply.

Provisions regarding F.S.I., Coverage, access width, height restriction with regard to width of road and the yard abutting the road, dimension of building parts, light and ventilation and off street parking contained in these rules shall not be applicable to row buildings.

(7)     Submission of applications etc.

Application for permit and other documents required as per these rules may be submitted either jointly or individually.

(8)     Reconstruction, etc. of existing row buildings.

Notwithstanding anything contained in these rules, in the case of existing row buildings, under Group A1 - Residential occupancy, reconstruction, repair, alternation or addition, both horizontal and vertical shall be permitted irrespective of whether it is on the side of a street where row buildings are permitted or not, and irrespective of the plot area, and setbacks provided. In such case, the number of floors shall be limited to two.

CHAPTER VIII BUILDING CONSTRUCTION UNDER APPROVED SCHEMES

Rule - 52. Provision for construction under approved Schemes.

Provisions in this chapter shall apply to construction or reconstruction or addition or alteration of any building in individual plots under any Government approved Schemes for economically weaker section and financed or built by Government, Panchayat, Housing Board, Scheduled Castes and Scheduled Tribes Development Corporation, Fishermen Welfare Corporation, Matsyafed, Harijan Welfare Department, Social Welfare Department or any Government Department, Quasi Government Agency, or Housing Co-operative Societies. The provisions in this Chapter shall also apply to buildings financed or built by any Panchayat at any level to its beneficiaries.

Rule - 53. Area and floor restrictions.

(1)     Total floor area of each dwelling unit shall not exceed 66 sq. metres.

(2)     Number of floors shall be limited to two and a staircase room.

Rule - 54. Setback provisions.

(1)     The minimum distance between the plot boundary abutting any street other than National Highways, State Highways, PWD roads, district roads, other roads notified by Panchayat, other roads with width 5m and above and the building, other than a compound wall or fence or outdoor display structure, shall be minimum 1.50 metres.

(2)     Front yard shall have minimum 1.00 metre width.

(3)     In the case of individual developed plots requiring no lay out approval from the District Town Planner, there shall be average 60 centimetres open space on the sides and the rear:

Provided that no door shall be allowed on any portion, if that portion does not have minimum 1 metre open yard.

(4)     In the case of buildings requiring layout approval of District Town Planner, the side yards and rear yard shall be provided as shown in the building layout:

Provided that no portion of the building shall encroach, project or overhang beyond the plot boundaries.

Rule - 55. Certain provisions not to apply.

Provisions regarding F.S.I., coverage, off-street parking space, access width, height restriction with regard to width of road and the yard abutting the road, dimensions with regard to building parts, light and ventilation shall not apply to building under this chapter.

Rule - 56. Application for permit and its disposal.

(1)     Where the construction or reconstruction or addition or alteration is proposed to be done by individuals separately, an application in transparent paper, typed, or written in ink and affixed with necessary court fee stamp shall be submitted by the individual concerned to the Secretary, along with a site plan showing proposed building footprint and document to prove his ownership. The number of floors and the area in each floor shall be specified in the application.

(2)     Secretary shall, if convinced of the boundaries and bonafides of the ownership and that the building is in accordance with the rules in this Chapter, issue permit.

(3)     There shall be no application fee in the case of individual application and the permit fee in the case of individual application shall be as shown in Schedule-II.

(4)     Where the construction or reconstruction or addition or alteration is proposed to be done by the Department, Corporation, Board, Agency, Local Self Government Institution or Society themselves, layout for sub-division shall be obtained from the Secretary and no building permit is necessary.

CHAPTER IX SPECIAL PROVISIONS FOR LARGE-SCALE DEVELOPMENT PROJECTS APPROVED BY GOVERNMENT

Rule - 57. Applicability of the Provisions.

Provisions in this chapter shall apply only to large scale development projects, expansion projects approved by Government, by order, and for availing benefit of higher Floor Space Index, the projects shall have an area not less than 1 hectares, an investment exceeding Rs. 100 crores including land value and which shall provide for employment, for not less than 500 persons as per commissioning of the project.

Rule - 58. Constitution and functioning of the committee.

(1)     The Government may accord sanction for the project mentioned above, based on the recommendation of a committee, to be constituted by the government for the purpose, consisting of the following members:

(2)     The developer shall submit the project report, detailing the demand, feasibility and Environmental Impact Assessment aspects of the project, together with the approval, if necessary, obtained from the Ministry of Environment and Forests, Government of India to the Convener of the committee and the Convener shall make all arrangements for convening meeting of the committee at the earliest and the committee shall consider and dispose of the project report within a period of one month from the date of receipt of the same.

(3)     The Convener shall fix the venue, date and time of the meeting in consultation with Chairperson and shall be responsible for safe custody of records and communications thereof.

(4)     The meeting shall be presided over by the Chairperson or in his absence by a member to be authorised by him.

(5)     The quorum of the meeting shall be majority of the total number of members of the committee for the project.

(6)     The developer shall also produce before the committee, all required clearances from the State and Central Government agencies concerned.

Rule - 59. Provision for supporting infrastructure.

(1)     Adequate provision shall be made for supporting infrastructure such as water supply, sewage, solid waste management, power supply etc.

(2)     Separate sewage treatment plant and systems for solid waste management shall be provided and maintained by the developer at his cost.

Rule - 60. Memorandum of Understanding.

There shall be Memorandum of Understanding between the developer and the Secretary of the Local Self Government Institution concerned with adequate provisions for bringing the project into effect.

Rule - 61. Other provisions.

(1)     The F.S.I., permissible for the project.

The F.S.I. permissible for such projects shall be 1.25 times the maximum value stipulated in column (6) & (8) of Table 6 under Rule 27(2) and in conformity with the Notes there under subject to a maximum of 6 and the fee for the additional F.S.I, shall be as stipulated in column (8).

(2)     Minimum width of access.

The minimum width of access shall be 12 metres

(3)     Ceiling for Residential use.

Area for residential uses, if any, included in the projects shall not exceed 40% of the land area of the project and shall be incidental to the main use(s).

(4)     Period for completion.

The project shall be completed within a period of five years, if not specified otherwise.

CHAPTER X CONSTRUCTION IN PLOTS PART OF WHICH HAVE BEEN SURRENDERED FREE OF COST FOR ROAD DEVELOPMENT

Rule - 62. Provisions to apply as modified for constructions in certain plots.

(1)     In the case of buildings newly proposed or alteration or addition proposed on existing buildings in plots left after part of the same plot has been surrendered free of cost to the Panchayat, Development Authority, or Government Department or Quasi-Government organization for new road formation or road widening or junction improvement or formation or development of any facility relating to road structure, other provisions in these rules shall apply subject to the modifications in this chapter:

Provided that the applicants seeking benefit under this chapter shall apply in writing to the Secretary in the form in Appendix A2:

Provided further that the provisions under this chapter shall not apply to the road envisaged in any layout as per these rules:

Provided also that the benefit under the provisions in this chapter shall not be allowed to the constructions in such plots, if the land is not surrendered for the implementation of the scheme in total:

Provided also that such road formation or road widening or junction improvement or formation or development of facility relating to road structure shall form part of the annual plan or five year plan of the implementing agency concerned or shall have a budgetary allocation and shall form part of and conform to any Master Plan/Detailed Town Planning Scheme/Interim Development Order in force under the Kerala Town and Country Planning Act, 2016 (9 of 2016), if any such plan/scheme/order exists:

Provided also that any deviation from the proposals of a Master Plan/Detailed Town Planning Scheme/Interim Development Order in force under the Kerala Town and Country Planning Act, 2016 (9 of 2016), in the new road formation or road widening or junction improvement or formation or development of any facility relating to road structure, shall be carried out only affecting variation or revision, as the case may be, of such plan/scheme/order:

Provided also that in the case of roads which have no widening proposals as per any Master Plan/Detailed Town Planning Scheme/Interim Development Order in force under the Kerala Town and Country Planning Act, 2016 (9 of 2016), or which falls in areas which are not covered by any such plan/scheme/order, it shall be a project proposed or taken up, with the prior approval of the Local Self Government Department in consultation with the Chief Town Planner of the state:

(i)       by the local self-government institutions or Development Authority by resolution; or

(ii)      Sanctioned or undertaken by a Government Department, Quasi-Government Organization or institution; or

(iii)     By registered Residents Association or a Social Welfare Organisation. Provided also that the surrendered land shall not be used for purposes other than that envisaged in the scheme.

(2)     The surrendering of the land shall be made as per the relinquishing procedure laid out in the Kerala Land Relinquishment Rules, 1958 and the land shall be demarcated and taken into possession by the authority concerned. The existing compound wall or fencing or any structure within the land so surrendered shall be demolished by the owner at his risk and cost and the new boundary shall be demarcated suitably by permanent demarcating structures. The building permit shall be issued only after completing the above procedure.

(3)     The Government may, either suo motu or at the request of the Panchayat concerned/formulate road widening scheme by free surrender of land with such conditions as it deems fit for the success of the scheme it shall have overriding effect over other provisions of these Rules.

Rule - 63. Usage of Plot.

The usage of plot proposed for the development or redevelopment of land or construction of any building shall be governed by the provisions contained in the Master Plan/Detailed Town Planning Scheme/Interim Development Order in force under the Kerala Town and Country Planning Act, 2016 (9 of 2016), for the area.

Rule - 64. Other provisions.

(1)     Coverage and Floor Space Index.

(a)      Maximum coverage permissible by the committee constituted under Rule 65 shall not exceed 80 per cent for residential, special residential, mercantile or commercial, small industrial and storage occupancy; 60 per cent for assembly, office and industrial occupancy, 50 per cent for educational, medical or hospital and 40 percent for hazardous occupancy under Group I.

(b)      The maximum built-up area permissible based on the F.S.I, values for various occupancies shall be calculated as follows.

Built-up area based on F.S.I, permissible as per column (5) or (7), as applicable, of table 6 in Rule 27 for the extent of the plot prior to surrendering of the land + an incentive built-up area of twice the F.S.I, permissible as per column (5) or (7), as applicable, of Table 6 in Rule 27 for the extent of land surrendered free of cost. Provided that the maximum F.S.I, permissible calculated in the above manner shall not exceed the F.S.I, as per column (6) or (8), as applicable, of Table 6 for the entire land.

Provided further that F.S.I, of column (6) or (8) as applicable of Table 6 in Rule 27 for the entire land shall be permitted on payment of additional fee at the rate specified in Table 6, for the difference in area if any.

(2)     Set back, height, etc.

(1)     For buildings up to 10m under various occupancies, the mandatory open space/setback from the proposed road boundary to the building shall be reduced by the breadth of the land so surrendered from that side, subject to the minimum of 3.0m from the boundary of the proposed road:

Provided that, in the case of plots up to. 125sq.metres of area left after surrendering the land for road schemes other than National Highways and State Highways, the committee constituted under Rule 65 may, considering the width of the land, surrendered and left behind shall permit reductions in the said distance to such extent that, after such reduction, there shall be a minimum of 1.50 metre distance from the abutting new road boundary:

Provided further that the setbacks on all other sides shall be reduced in proportion to the percentage of the land surrendered subject to a maximum reduction of 50% of the mandatory open space required for the respective occupancies for buildings up to 10m.

Provided also that in the case of high rise buildings safety provisions for high rise buildings as provided in Chapter XVII of these rules shall apply.

(2)     In addition to the minimum front, rear and side open spaces required as per (1) above for height up to 10 metres, proportionate increase in such minimum open spaces at the rate of 0.5 metres for every 3 metres height exceeding 10 metres shall be provided.

(3)     Notwithstanding anything contained in these rules, in the case of buildings, part of which has been demolished for the purposes specified in Rule 62, construction or reconstruction of wall with or without door(s) or shutter(s) shall be permitted on the side abutting the road, without structural alteration:

Provided that the door shutter shall not open outward.

(4)     Building lines specified in Master Plan/Detailed Town Planning Scheme/Interim Development Order in force under the Kerala Town and Country Planning Act, 2016 (9 of 2016), other than special building lines prescribed considering the urban design or heritage aspects, and general provisions regarding restriction on height with respect to width of street and front set back shall not apply to the constructions under this chapter.

(3)     Parking.

Parking requirements shall be reduced in proportion to the percentage of land surrendered to the extent that after such deductions a minimum of 75% of the parking required as per these rules shall be provided.

Rule - 65. Constitution of Special Committees.

(1)     The Government may, on receipt of a request to that effect from any Panchayat or suo motu, if found necessary, by order, constitute a Special Committee, for the purposes of any or all Panchayats, to consider and decide on the application for building permits that may be submitted under the provisions of this Chapter.

(2)     The Special Committee shall consist of the following members, namely:

(i)       President of the Panchayat, who shall be the Chairperson of the Committee.

(ii)      Chairperson of the Development Authority, if any, constituted for the area.

(iii)     Senior Town Planner/Town Planner of the District office of the Town and Country Planning Department or an officer not below the rank of a Deputy Town Planner authorized.

(iv)    Executive Engineer (Roads), Public Works Department having jurisdiction in the area or an Officer not below the rank of an Assistant Executive Engineer authorized.

(v)      Executive Engineer (Buildings), Public Works Department having jurisdiction in the area or an Officer not below the rank of Assistant Executive Engineer authorized.

(vi)    Town Planner of the development authority, if any, constituted for the area or an Officer not below the rank of a Deputy Town Planner authorized.

(vii)   Secretary of the Panchayat concerned, shall be the convener of the Committee.

(viii)  One or two representatives of the Department, Authority, Institution, Association or organisation in charge of or responsible for carrying out or proposing or sponsoring the formation or widening of the road or improvement of the junction or other works envisaged under this chapter, co-opted, if so desired by the committee.

(3)     The quorum for the meeting shall be four including the Convener and the Chairperson.

(4)     The Convener shall, considering the number of applications and urgency of the work to be executed, convene the meetings of the Committee at such place and time, as may be fixed in consultation with the Chairperson, by giving at least seven clear days notice to all the members. Copies of plans pertaining to the applications, required under these rules, along with the agenda notes containing technical report on all the applications shall be forwarded to the members along with the notice.

(5)     The convener shall place before the Committee only such applications included in the agenda notes circulated, which otherwise comply with all the provisions of these rules, Master Plan/Detailed Town Planning Scheme/Interim Development Order in force under the Kerala Town and Country Planning Act, 2016 (9 of 2016), if any, for that area and other relevant statutes, and shall issue permit as decided by the Committee. The Convener shall also maintain detailed registers for the minutes and for the land so surrendered.

(6)     The Committee shall initiate and take actions to promote and monitor implementation of the road scheme in total. The Committee may also promote land-pooling scheme wherever feasible to enable the implementation of the scheme in total.

Rule - 66. Buildings part of which has been demolished for the purposes specified in Rule 62.

Notwithstanding anything contained in these rules, in the case of buildings part of which has been demolished for the purposes specified in Rule 62, even if the land is not freely surrendered, Secretary shall permit construction or reconstruction of wall with or without door(s), shutter(s) on the side abutting such road, without structural alteration,

Provided that this rule is limited for the purpose of construction or reconstruction of such wall on the side abutting the road affected by the widening/development of the road.

CHAPTER XI ACCESSORY BUILDINGS AND SHED

Rule - 67. Certain buildings and sheds exempted.

Permit, as per these rules, is not necessary for the construction of any building used or intended to be used exclusively for the purposes of a plant house or metre house, bathrooms or toilets or cabin for watch and ward or sheds for keeping fuel or firewood for the domestic use of its owner or for keeping agricultural implements, tools, rubbish or other materials or for watching crops or kennel for keeping not more than six dogs 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, all incidental to Group A1 residential occupancy building:

Provided that area of such structures shall be limited to fifteen per cent of the open space.

Provided further that the height of such structure(s) shall be limited to 2.5 metres.

Provided also that the distance from the boundary abutting the road to the accessory building shall be equal to that necessary for a single storeyed residential building.

Provided also that the accessory building shall have minimum 1 metre distance from the boundaries and other building(s).

Rule - 68. Temporary hut or shed.

(1)     The Secretary may grant permission to a person to erect for a specified period or huts or sheds of a purely temporary nature for stabling or similar purposes or hot mix plant or concrete mix plant, on general conditions as may be fixed by the Council.

(2)     The Secretary may, on the failure of the person to demolish or dismantle the shed or hut or hot mix plant or concrete mix plant at the expiry of the period specified, cause it to be demolished or dismantled and the cost thereof shall be recovered from such person as if it were an arrear of property tax due under the Act.

(3)     Application for permission to erect temporary hut or shed or hot mix plant or concrete mix plant shall be submitted in transparent paper typed or written in ink, affixed with necessary court fee stamp and accompanied by document to prove ownership or consent of the owner, if the land is not owned by the applicant.

(4)     The Secretary shall, if convinced of the ownership, issue permit with or without condition and specifying the period beyond which the hut or shed or hot mix plant or concrete mix plant shall not be retained.

CHAPTER XII WALL AND FENCE

Rule - 69. Prohibition of commencement of work.

The construction or reconstruction of any wall or fence of whatever height bounding or abutting on any public street or public property or public water course shall not be begun unless and until the Secretary has granted permission for the execution of the work:

Provided that any gate or grill or door or other structure shall not open or project into the adjacent property or street.

Rule - 70. Submission and disposal of application.

(1)     An application to construct or reconstruct a wall or fence shall be submitted in transparent paper, typed or written in ink and affixed with necessary court fee stamp.

(2)     Application shall contain site plan and documents to prove ownership.

(3)     The site plan shall clearly show all the streets, paths, lanes abutting or leading to the plot and also contain a description of the materials used for the work.

(4)     Application fee shall be as in Schedule -1

(5)     The Secretary shall, if convinced of the plan and genuineness of the ownership, issue permit not later than 15 days from the date of receipt of the application.

(6)     A wall or fence abutting a street junction shall be sufficiently splayed as in Rule 23(4).

(7)     The permit fee shall be as in Schedule - II.

Rule - 71. Completion report.

The owner shall on completion of the work submit a completion report to the Secretary, in transparent paper typed or written in ink, specifying the date of completion.

CHAPTER XIII SPECIAL PROVISIONS FOR CERTAIN CONSTRUCTIONS

Rule - 72. Special provisions for addition etc. over buildings existing on the 30th March 2000.

(1)     Notwithstanding anything contained in these rules, alteration or addition or extension of the first floor or the second floor or both and or conversion or erection of roof, shutter or door shall be permitted to buildings existing on the 30th May 1994 subject to sub-rules (2) to (10)of this rule, even though the existing building and proposed floor(s) or work does not satisfy the provisions under Rules 23, 26, 28 and the provisions under Chapter V.

Provided that alteration of existing building shall be permitted for the limited purpose of constructing staircase or ramp or flight of steps for use as access to the proposed floors, if such alteration satisfies the provisions under Rule 23(2).

Provided further that the owner shall have no right to claim cost or compensation for both the existing building and the proposed floor(s) or any portion thereof if the same is required to be demolished in future for any road widening or development under any scheme approved by Government or an authority under them:

Provided also that the owner shall be responsible for the structural stability and other safety of the building, both the existing and the proposed:

Provided also that the alteration or addition (extension) or other works mentioned in this rule above shall be permitted even if the existing building has one basement floor.

(2)     The proposed alteration or addition (extension) shall satisfy the provisions regarding clearance from overhead electric lines specified under Table 2 of Rule 22(5) and if such clearance is not available, no objection certificate issued by the Chief Electrical Inspector or an Officer authorised by him shall be produced for issuing permit.

(3)     The distance from the boundary abutting road to the proposed second floor over the existing building having ground floor and first shall be that of the first floor, if the said distance is less than that required under Rule 23.

(4)     The distance from the boundary abutting a road to the proposed first floor or first and second floors over the existing building having ground floor, shall be that of the ground floor, if the said distance is less than that required under Rule 23.

(5)     In the case of residential or lodging houses and special residential or mercantile/commercial buildings alteration or addition (extension) of floor(s) or conversion of roof shall be permitted only if the existing building and the proposed floor(s) have average 60 centimetres open space from the boundaries of all the plots on its sides including rear:

Provided that if any portion or side of the building abuts the plot boundary or have an open space less than that specified above, a consent document issued by the owner of the plot on the abutting portion/side shall be produced along with the application for permit:

Provided further that not more than two sides shall be permitted to abut the boundary even with such consent document.

(6)     In the case of occupancies other than that mentioned under sub-rule (5), alteration or addition (extension) of floor(s) or conversion of roof shall be permitted only if the existing building and the proposed floor(s) have average 1.00 metre open space from all the plots on its sides including rear:

Provided that no industrial occupancy building under Group G2 and hazardous occupancy building under Group I shall be permitted under this rule.

(7)     The maximum coverage permissible shall, if the proposed is for first and second floors, be that of the ground floor over which such floors are proposed and if the proposal is for second floor, be that of the first floor over which such floor is proposed:

Provided that the proposed floor(s) shall not extend beyond the limits of the existing building.

(8)     The maximum floor space index permissible under this rule shall be as in Table 6 under Rule 27(2) and for calculating the maximum floor space index, the built-up area of the proposed construction and built-up area of the existing building shall be taken into account.

(9)     Off street parking shall be provided as in Table 9 &10 under Rule 29 for the proposed floor(s) irrespective of whether off street parking is available for the existing building or not.

(10)   In the proposed alteration or addition (extension) of first and second floor(s) door shall be permitted only on the side or portion having 1 metre open space, window shall be permitted only on the side or portion having minimum 60 centimetres open space and no opening shall be permitted on the side or portion having less than 60 centimetres open space.

Rule - 73. Conversion of roof, shutters etc. of buildings existing before the commencement of these rules.

(1)     Conversion of roof with the same or a different material shall be permitted to any building, irrespective of whether such building conforms to the provision in these rules or not:

Provided that the clear distance of the roof edges from the plot boundaries shall not be reduced from the existing distance, but however where sufficient distance is available, it can be reduced to such extent that the provisions regarding projections permissible into open space as provided in Rule 26 is observed.

Provided further that no portion of the roof shall encroach or project into the street or the neighboring plots and water from the roof shall not be allowed to fall into the street or the neighboring plots or the plot boundaries:

Provided also that no permission shall be necessary for conversion of roof with grass, leaf or thatch.

(2)     Conversion of shutters or doors with the same or a different material shall be permitted in any building irrespective of whether such building conforms to the provisions in these rules or not:

Provided that the area or height of the building shall not be increased.

Rule - 74. Construction of additional sheet/tiled roof over the terrace of certain single family residential buildings.

(1)     In the case of single family residential buildings upto three storeys and height not exceeding 10 metres, Secretary may permit construction of additional sheet/tiled sloping roof, over the terrace floor of such building for a maximum height of 1.8m, if he is satisfied that:

(a)      such additional construction over the terrace is done for extra protection of such terrace from rain, and not for any habitable use;

(b)      such additional roofed terrace area is kept open on all sides and not enclosed fully or even partly with wall/grill/Window/shutter/any type of partition or the like, other than:

(i)       parapet wall of height upto 1.20 metres,

(ii)      columns to support such additional roof,

(iii)     portion of such building, including the stair cabin leading to the terrace if any,

(iv)    other structures such as water tank, rainwater harvesting arrangements and the like, complementary to the terrace area;

(c)      any projection of such additional roof into the mandatory yard is in accordance with the provisions contained in these rules; and

(d)      the building, including such additional roof structure also comply with the provisions of the Act and any other law applicable.

(2)     Such terrace area covered with additional roof as in sub-rule (1) shall not be reckoned to calculate built-up area as per these rules, except for calculation of permittee.

(3)     The application fee and permit fee shall respectively be as stipulated in Schedule I and Schedule II as for a pucca building.

(4)     Under no circumstance, the height of building including the height of such additional roof, shall qualify that for a high-rise building.

(5)     Mandatory clearances, certificates of approval, NOC, concurrences etc. as per these rules or bye laws made under the Act and any other law shall be obtained wherever applicable.

(6)     Construction of additional sheet/tiled roof over the terrace of buildings for all occupancies other than single family residential buildings upto three storeys and height not exceeding 10 metres, shall be considered as another floor and shall be taken for the calculation of all mandatory requirements as per these rules.

CHAPTER XIV WELLS, RAINWATER HARVESTING

Rule - 75. Wells.

(1)     Essentially of permit.

(i)       No new well shall be dug without the permission of the Secretary.

(ii)      Where any person intends to dig an open well/tube well/bore well, he shall submit an application in the form in Appendix A1 to the Secretary, together with site plan and documents to prove the ownership.

(iii)     The site plan shall show the position and dimension of the well and all existing and proposed buildings and structures in the site and within 7.5 metres radius from that well.

(2)     Setback:

(i)       The set back from any street shall be as that required for a building.

(ii)      There shall be minimum 1.20 metres set back from other boundaries.

(iii)     The well may be located within or abutting or away from the building in the plot.

(iv)    No leech pit, sock pit, refuse pit, earth closet or septic tank shall be allowed or made within a distance of 7.5 metres radius from any existing well used for supply of water for human consumption or domestic purpose or within 1.2 m distance from the plot boundaries.

(3)     Wall and surrounding.

The well shall be protected with brick wall with minimum 1 metre height.

(4)     Fees.

The application fee and permit fee shall be as in Schedule I and Schedule II respectively.

(5)     Approval of plan and issue of permit.

The Secretary shall, if convinced of the boundaries and plan and bona fides of the ownership approve the plan with or without modification and issue permit. In the case of tube wells, once the clearance from Ground Water Department is obtained by the applicant and furnished, the Secretary shall issue the permit on the same day of receipt of application along with prescribed fee.

(6)     Validity and extension.

(1)     The permit once issued shall be valid for three years and cannot be extended.

(7)     Completion report.

The applicant shall submit a completion report to the Secretary, in transparent paper typed or written in ink, specifying the date of completion.

Rule - 76.Rainwater Harvesting.

(1)     Groundwater recharging arrangements.

(1)     Unless otherwise stipulated specifically in a Master Plan/Detailed Town Planning Scheme/Interim Development Order in force under the Kerala Town and Country Planning Act, 2016 (9 of 2016), workable ground water recharging arrangements shall be provided as an integral part of all new building constructions through collection of roof top rainwater.

(2)     The components of workable groundwater recharging arrangements, as stipulated in sub-rule (1) above, shall include:

(i)       Roof gutters

(ii)      Down pipe

(iii)     Filter unit

(iv)    Recharge well or recharge pond or percolation pit

Provided that, open well or pond within the plot can be used as recharge components as mentioned in item (iv) above.

Provided further that, filter unit as mentioned in item (iii) shall be mandatory only in situations where rainwater is recharged directly to the groundwater through open wells, pond and the like.

(3)     In exceptional cases such as water logging or impermeable subsoil conditions to considerable depths, the ground water recharging arrangements for building constructions need not be made mandatory.

(4)     The owner(s)/occupier(s) shall maintain the roof tops and the groundwater recharging arrangements in healthy/working conditions.

(2)     Rainwater storage arrangements.

(1)     Unless otherwise stipulated specifically in a Master Plan/Detailed Town Planning Scheme/Interim Development Order in force under the Kerala Town and Country Planning Act, 2016 (9 of 2016), workable rainwater storage arrangements shall be provided as an integral part of all new building constructions through the collection of roof top rain water for all occupancies, except hazardous occupancy buildings and huts.

(2)     The components of a workable rainwater storage arrangement, as stipulated in sub-rule (1) above, shall include:

(i)       Roof gutters

(ii)      Down pipe and first flush pipe arrangement

(iii)     Filter unit and

(iv)    Storage tank with provisions for drawing water and spill over.

(3)     The minimum capacity of the storage tank, as stipulated in sub-rule (2)(iv) of the rain water storage arrangement shall be at the rate given below:

Note: Covered area means the area mentioned in item (aa) of sub-rule (1) of Rule 2.

(4)     The owner(s)/occupier(s) shall maintain the roof tops and the rain water storage arrangements in healthy working conditions.

(5)     If both ground water recharging arrangements and rain water storage arrangements are required to be provided as laid out in this chapter, in addition to rain water storage arrangements, arrangements for carrying the spill over water from storage tank to recharge well or recharge pond or percolation pit need only be provided.

(3)     Urban Forestry.

As per section 4 of The Kerala Promotion of Tree Growth in Non-Forest Areas Act, 2005 (46 of 2005);

(1)     Every owner or occupant of a land other than single family residential building shall, within a period of one year from the date of issue of occupancy certificate, plant trees so as to conform to the standards prescribed by Secretary from time to time.

(2)     Planting of trees shall be made at the rate of minimum of one tree per 450 sqm of plot area for plots exceeding 450 sq. metres of area. Total number of trees would include the existing trees in the plot also.

(3)     A space of minimum 1m X 1.5m has to be provided for planting trees.

(4)     It shall be the duty of the owner or occupier of the land who is required to plant a tree or trees to ensure that they grow properly.

CHAPTER XV SOLAR ASSISTED WATER HEATING/LIGHTING SYSTEM

Rule - 77. Rooftop Solar Energy Installations.

(1)     The following categories of new buildings with total built-up area exceeding 500 sq. metres shall be provided with Rooftop Solar Energy Installations (Rooftop photovoltaic power station, or rooftop PV system) so as to generate minimum 5% of the connected load:

Provided that, there shall be provision for Rooftop Solar Energy Installations in the case of single family residential building having built-up area for more than 400 sq.metres.

(2)     Such buildings shall have open area on the roof top, which receives direct sunlight where the Rooftop Solar Energy Installations can be installed.

(3)     The Secretary shall, before issuing occupancy certificate, ensure that all new buildings mentioned in sub-rule (1) have completed installation of Rooftop Solar Energy Installations.

Rule - 78. Solar assisted water heating system in buildings.

(1)     All new buildings with total built-up area exceeding 500 sq. metres in the following categories in which there is a system of installation for supplying hot water shall also have an auxiliary solar assisted water heating system:

Provided that, there shall be provision for solar water heater system in the case of single family residential building having built-up area for more than 400 sq metres.

(2)     Such buildings shall have open area on the rooftop, which receives direct sun light where the solar water heating system can be installed. There shall be provisions for continuous water supply to the solar water heating system and for distribution of hot water from the solar water heating system to various distribution points where hot water is required through insulated pipe lines.

(3)     The water storage capacity requirements of the solar water heating system shall be decided on each case by the registered Institution/Architect/Engineer/Building Designer/Supervisor, as the case may be. The recommended minimum capacity shall not be less than 25 litres per day for each bathroom and kitchen, subject to the condition that maximum of 50% of the total roof area is provided with the system.

(4)     Specifications: Installation of Solar Assisted Water Heating Systems shall conform to BIS specification IS 12933. The solar collectors used in the system shall have the BIS certification mark.

(5)     The Secretary shall, before issuing occupancy certificate, ensure that all new buildings mentioned in sub-rule (1) have completed installation of solar assisted water heating system.

(6)     Buildings under the purview of sub-rule (5) of Rule 5 shall follow Kerala State Energy Conservation Building Code (KSECBC) Standards. Residential facilities, hotels and hospitals with a centralized system (other than Systems that use heat recovery for at least 1/5 of the design capacity) shall have solar water heating for at least 1/5 of the design capacity.

CHAPTER XVI WASTE DISPOSAL

Rule - 79. Waste management.

(1)     Every new building shall be provided with provisions for segregation of waste wherever applicable and safe disposal of waste.

(2)     Every new building of built-up area exceeding 100 sq.metres shall be provided with septic tank of suitable size unless it is connected to a public sewerage system or sewage treatment plant. The design criteria and construction shall be as per the Code of Practice for the septic tanks - IS 2470.

(3)     Every new residential building of built-up area exceeding 300 sq.metres shall be provided with suitable systems such as bio gas plants etc. for the disposal of bio degradable waste, unless there exist organized system for collection and disposal of such waste. For all other occupancies waste management system as stipulated by Pollution Control Board shall be provided.

(4)     Leech pit, sock pit, refuse pit or septic tank shall have a minimum distance of 1.20 metres from the plot boundaries.

(5)     In wedding halls where cooking and dining facilities are provided, proper and adequate arrangements for collection and hygienic disposal of solid and liquid waste shall be ensured to the satisfaction of the Secretary.

(6)     Water Re-use and Recycling: All buildings under Group A1 (Residential apartments only) and A2 occupancy having total built-up area more than 2000 sq. metres shall incorporate in-situ liquid waste management treatment plant and special provision for recycling and reusing of waste water generated out of the use of water.

(7)     Water Re-use and Recycling: All buildings under B, C, D, E, F and J occupancies having total built-up area more than 5000 sq. metres and all buildings under G1, G2 and I occupancy shall incorporate in-situ waste liquid waste management treatment plant and special provision for recycling and reusing of waste water generated out of the use of water.

CHAPTER XVII SAFETY PROVISIONS FOR HIGHRISE BUILDINGS

Rule - 80. High rise building.

For the purposes of this Chapter, 'high rise building' means a building having a height of 16 metres or more, or with more than 4 floors (excluding basement floor(s)), other than telecommunication towers/poles.

In the case of high rise buildings, the provisions in these rules elsewhere shall apply subject to modification in this chapter.

Rule - 81. Safety provisions.

(1)     Staircase:-

(1)     Every high rise building shall have at least two staircases, including fire escape staircases.

(2)     The height of the handrail in the staircase shall not be less than 90 centimetres and if balusters are provided no gap in the balusters shall be more than 10 centimetres wide.

(2)     Guard rails or parapets:

(i)       Every balcony overlooking any exterior or interior open space shall be provided with parapet walls or guard rails of height not less than 1.50 metres and such guard rails shall be firmly fixed to the walls and slabs and may also be of blank walls, metal grills or a combination of both.

Provided that if metal grills are used they shall not be made of continuous horizontal members to prevent climbing on them:

Provided further that guard rails shall not be made of glass or any similar material which are not reinforced to prevent breaking.

(ii)      The spacing between the grills/rails should be less than 10 centimetres.

(3)     Fire escape staircase:

Every highrise building shall be provided with a fire escape stairway and shall be as specified in Rule 35.

(4)     Ducts:

(i)       Every opening to interior or exterior duct shall be provided with protective covering consisting of strong parapet wall having not less than 90 centimetres height from every floor level and the portion above such parapet wall shall be provided with openable and lockable shutters fixed with opaque or translucent glass which do not cause splinters when broken; the shutters shall be provided with opaque metal sheets or with metal grills or bars either in the front or on the rear.

(ii)      Parapet walls of 1.2 metres height should also be provided around duct openings at the terrace level. At the top of the duct, metal grills or bars may be provided either above or below the top cover of the duct so as to reinforce the protection. The spacing between the members shall not be more than 10 centimetres.

(iii)     All windows at a height of not less than 2 metres from ground level which can be opened to an open space either interior or exterior shall be fitted with sufficiently strong metal grills or bars in such a way that the spacing between the members is not more than 10 centimetres.

(iv)    All Openings at various floor levels to vertical duct, provided for the purpose of lighting and ventilation shall be at a height of not less than 1.5 metres from the respective floor level. The openings shall be fitted with grill mesh of size not more than 10 centimetres x 10 centimetres

(5)     Access:

The minimum width of access to a high rise building and plot as well as the minimum existing width of the street giving access to the plot from the main street shall be 5 metres or as prescribed elsewhere in these rules, whichever is higher.

(6)     Open spaces:

(i)       Clear motorable open spaces of minimum 5 metres width to facilitate fire-fighting shall be provided for the building at any two adjacent sides, of which, one is contiguous to the street/access. Such motorable open spaces shall be kept free of vehicle parking or any other erections or projections thereon other than projections of roof or weather shade or cornices of not more than 75 centimeters width. However, ramp provided as access to the basement floor can be given in this open space if through movement of fire engine is not obstructed in any way.

(ii)      In case a group of buildings are to be constructed within any plot belonging to the same owner or by different owners of adjoining lands jointly, the area of the land remaining after accounting for the mandatory front, rear and side yards from the boundary of the plot shall be considered as buildable area of the plot where the buildings may be constructed subject to the conditions regarding floor space index, coverage, access, light & ventilation etc. for the whole plot, distance between the various blocks within this area shall be a minimum of 5 metres.

(iii)     Adequate passage way and clearances required for fire fighting vehicles to enter the premises shall be provided at the main entrance; the width of such entrance shall be not less than 5 metres or as stipulated elsewhere in these rules, whichever is higher. If an arch or covered gate is constructed, it shall have a clear headroom of not less than 5 metres.

(7)     Lift for residential apartments:

Every high rise apartment building having more than 16 dwelling units shall be provided with at least one lift capable of carrying a stretcher:

Provided that if only one lift is required for the building as per the rule 40, that lift shall be one capable of carrying a stretcher.

(8)     Parapets of terrace floor:

Where access is provided over the terrace floor or to the terrace floor, the edges of the terrace floor shall be provided with parapet walls made of stable materials to a height of not less than 120 centimetres.

(9)     Structural design:

Application for construction or reconstruction or addition or alteration of any high rise building shall be accompanied by one set of structural design, including that regarding seismic forces as per the provisions contained in the National Building Code of India as amended from time to time and certified drawings and a structural stability certificate prepared and issued by a Structural Engineer.

Provided that the provisions regarding the height of building as specified in the National Building code of India, 2016 shall not apply to multiplexes.

(10)   Safety Plan:

In the case of High rise buildings, every application for approval shall be accompanied by safety plan suitable for the proposed construction in accordance with the Health and Safety Manual published by the Labour Department.

(11)   Site supervision:

(1)   The owner shall appoint a person, registered or deemed to have been registered under the provisions of Chapter XXI, competent to supervise such works as per Appendix H2 of these rules, as full time supervising professional at the site, from the commencement to the completion of the work. Such person shall have a minimum of 3 years of experience in supervising works of similar nature.

Provided that, no activities shall be undertaken at the site in the absence of such site supervising professional.

(2)     The owner shall intimate the Secretary, the details of the appointed supervising professional including his/her date of appointment, photo identity proof and proof of experience along with a copy of the acceptance of appointment duly signed by the supervising professional. The owner shall also intimate the Secretary in writing about replacement, if any, of such supervising professional together with all details specified above without any delay.

Provided that if the work is executed through any person/persons or agency/agencies like developer, the responsibility of appointment of site supervising professional as stipulated in this rule shall be vested with such person/persons or agency/agencies.

(3)     The supervising professional shall:

(i)       Ensure that the construction is carried out as per the approved plans, specifications and structural design.

(ii)      Take adequate safety precautions at all stages of construction or reconstruction or addition or alteration or repair or demolition or removal of the various parts of the building for safe guarding the life of workers and public against hazards consequent on any aspect of the work.

(iii)     Ensure that all protective works carried out to safe guard the adjoining properties during construction are sufficient and in good order to ensure safety.

(iv)    Ensure at every stage of construction, that the quality of construction and/or materials used for construction is as per the specifications for that work.

(v)      Ensure that the debris, construction wastes or materials are safely and clearly disposed.

Rule - 82. Display of the details of the permit etc.

(1)     For the entire period of construction, the owner shall display the details of the building permit near the entrance to the site in a board of size not less than 100 centimetres X 75 centimetres. The details to be displayed include the date and the number of building permit, name and address of the owner and developer with phone number, the occupancy group of the building, the number of floors, coverage, F.S.I., area earmarked for parking in sq.metres and the use in each floor.

(2)     Prior to commencement of the construction, all sides of the plot shall be covered with protective fencing and screen to ensure safety and convenience of the adjoining properties. Such protective fencing and screen shall be retained throughout the construction period.

(3)     Adequate safety measures shall be ensured by the owner and the developer for protection against damage to health, life, buildings and property of the inhabitants around, during and after building construction and land development. The owner and developer shall be solely responsible for any such damages.

CHAPTER XVIII TELECOMMUNICATION TOWERS

Rule - 83. Essentiality of permit.

No person shall erect or re-erect any non-Governmental telecommunication tower or telecommunication pole structures or accessory rooms or make alteration or cause the same to be done without first obtaining a separate permit for each such tower or telecommunication pole structures from the Secretary.

Rule - 84. Special Provisions.

(1)     Distance from road and boundaries:

(i)       The base of the tower or poles shall have minimum 3 metres distance from the plot boundary abutting the road, whether it is proposed on land or over a building, even if the building is having less than 3 metres distance:

Provided that the distance from road boundary of the accessory rooms such, as equipment rooms, shelters, or generator rooms proposed over a building shall be that of the building.

(ii)      In addition to the distance specified under sub-rule (1)(i), set back required for road widening proposed in any Master Plan/Detailed Town Planning Scheme/Interim Development Order in force under the Kerala Town and Country Planning Act, 2016 (9 of 2016), shall also be provided.

(iii)     Distance from other boundaries of the plot to the base of the telecommunication tower or pole or structure or accessory rooms shall be minimum 1.20 metres:

Provided that if the telecommunication tower or pole structures or accessory rooms are proposed over a building, the distance from the boundaries other than that abutting a road, shall be that of the existing building;

Provided further that if the building abuts any plot boundary and the telecommunication tower or pole structures or accessory rooms are also proposed to abut that boundary then consent of the owner of the plot on the abutting side shall be obtained and produced along with the application for permit:

Provided also that no portion of the telecommunication tower, pole structure or accessory room shall project or over hang into the neighboring plots.

(2)     Provisions regarding F.S.I, and height:

The provisions regarding F.S.I., coverage, height restriction with regard to width of road and distance from the boundary abutting road and dimension of parts of building shall not apply to telecommunication towers or pole structures or accessory rooms such as equipment rooms, shelters or generator rooms. Provided that the height of the telecommunication towers or pole structure or accessory rooms, including the height of the building if they are proposed over a building, shall be restricted as in sub-rule (2) and (3) of Rule 24.,

Provided further that additional distance from boundary abutting the road and other boundaries of the plot proportionate to increase in height of the tower shall not be necessary for the telecommunication tower or pole structures or accessory rooms or for the building over which they are proposed.

(3)     Accessory rooms:

(i)       Accessory rooms such as equipment rooms, shelters or generator rooms essential for the service shall be permitted along with a telecommunication tower or telecommunication pole structure or separately, if a request is made in the application and plans/drawings of the rooms are attached either along with the application for permit or separately.

(ii)      The cabin may be made with any material but the area of such cabin shall not exceed 15 sq.metres and the installation of electricity generator is allowed with insulated soundproof cabin only.

(iii)     Every construction or installation, ancillary or necessary for the telecommunication system shall conform to the relevant rules applicable to such construction or installation and license or permit required under such rules shall also be obtained.

(iv)    The telecommunication tower or ancillary structures shall not prevent or block the access, exit or entry or reduce the width of such access, exit or entry of building or in no way badly affect the safety measures or amenities provided in the building in which it is erected.

(4)     Electrical line clearance.

Every tower or ancillary construction shall satisfy the minimum vertical and horizontal clearance from electrical lines as stipulated in the Indian Electricity Act, 1910 and Indian Electricity Rules, 1956 as amended from time to time and also any regulation issued by the State Electricity Board.

(5)     Protective Wall.

(i)       Every tower erected on the ground and through which electric power is transmitted or passed shall be provided with protective wall or grill at a distance of one metre from any point of the base.

(ii)      The wall or grill shall have a minimum of 1.20 metres height and shall be kept under lock and key, if provided with door.

(6)     Protection from lightning.

Every telecommunication tower shall be provided with sufficient protection against lightning, conforming to I.S. 2303-1969-Code of Practice, as amended from time to time.

(7)     Warning lights and colour specifications.

(i)       Every telecommunication tower shall be provided with two Aviation Warning Lights (ANL) each at 40 metres and 70 metres height from the ground level and one at the top, the two lights at 40 metres height shall be fixed in one set of opposite and that at 70 metres height shall be fixed at the other set of opposite corners.

(ii)      Every telecommunication tower shall be painted with international orange and international transparent colors alternatively each with 5 metre band, starting with international orange at the top.

Rule - 85. Damage and liability.

(1)     The applicant/owner shall be responsible for the structural stability of the telecommunication tower and the building in which it is erected and for any damage caused due to inadequate safety measures.

(2)     Erection of any telecommunication tower or pole structures or accessory rooms shall be permitted only over authorised buildings which are structurally safe.

Rule - 86. Site approval etc.

(1)     No site approval shall be necessary for the construction of telecommunication towers, telecommunication pole structures or accessory rooms essential for such service.

(2)     Telecommunication towers or pole structures or accessory rooms shall be permitted in any zone of Master Plan/Detailed Town Planning Scheme/Interim Development Order in force under the Kerala Town and Country Planning Act, 2016 (9 of 2016), if any, or over any building irrespective of its occupancy.

Rule - 87. Submission of application and its disposal.

(1)     Application for permit shall be submitted to the Secretary in the form in Appendix A1 along with two copies of site plan, location, elevation, sectional elevation, structural stability certificate if required as per these rules, copy of agreement executed with department of Telecommunications or license or permit issued by an authority approved by Government of India from time to time and document to prove ownership.

Note.

(1)     Ownership document may be a sale deed or mortgage deed or deed of agreement or license or consent document, etc.

(2)     No structural stability certificate shall be necessary in the case of telecommunication pole structures and accessory rooms.

(3)     In case the telecommunication tower is proposed above any building, structural stability certificate shall be submitted in respect of that building also.

(4)     The site plan shall show plot dimensions, access street width, details of existing structures within the plot with their uses, height, number of floors, set back from the plot boundaries and between them; proposed tower and ancillary structures.

(5)     The structural stability certificate shall be prepared and issued by a Structural Engineer registered as per these rules. In the case of towers erected by Central or State Government or Quasi-Government Organisation, the structural stability certificate may be prepared and issued by a competent engineer employed in such firms. The drawings submitted shall also be duly certified for the structural stability.

(6)     Application fee shall be Rupees one thousand and permit fee shall be:

(a)      For towers of any height, rupees ten thousand;

(b)      For pole structures (one unit with any number of poles) rupees two thousand and five hundred.

(c)      No separate application fee shall be necessary for the accessory rooms essential for the use of telecommunication tower or pole structures but permit fee shall be remitted corresponding to their area as in the case of a pucca building.

(7)     For the purpose of levying fee, the height of the tower shall be taken from the base of the tower and not from the base of the building.

(8)     The Secretary shall, if convinced of the boundaries and ownership of the plot, plan and drawings and genuineness of the certificates, issue permit, not later than 15 days from the date of receipt of the application.

(9)     The permit issued under sub-rule (8) shall be a work permit and the construction or erection of telecommunication tower or telecommunication pole structures or accessory rooms essential for the use of such tower or pole structures shall be completed within one year from the date of issue of the permit.

(10)   The period of the permit shall be extended for a further period of one year if an application for the same is submitted to the Secretary, within the valid period of the permit.

(11)   The application for extension of the period of permit shall be submitted in transparent paper, typed or written in ink, affixed with necessary court fee stamp; original permit shall also be attached.

(12)   No application fee shall be necessary for extension of period of permit but fee for extension shall be equal to fifty per cent of the fee for original permit in force at the time of extension.

Rule - 88. Completion Certificate.

(1)     After completion of the work of the telecommunication tower or pole structures and accessory rooms as per permit, the applicant and the engineer shall submit to the Secretary completion certificate as in Appendix E1 and Appendix E3 respectively, along with a certificate of structural safety/stability of the tower and the building, if the tower or pole is constructed over a building.

(2)     The Secretary shall, if satisfied that the work has been completed as per permit, issue use certificate as in Appendix F2 not later than 15 days from the date of receipt of the completion certificate allotting a number, included in a different series from that allotted to buildings, on the basis of which the authorities concerned may allow power connection, etc. for use of the service.

Provided that if no such use certificate is issued within the said 15 days, the applicant/owner may proceed as if such use certificate has been duly issued to him.

CHAPTER XIX ACTION AGAINST UNAUTHORIZED CONSTRUCTIONS

Rule - 89. Deviation during construction and power of Secretary to require alteration in work.

(1)     The applicant shall, if he intends to make any deviation from the approved plan or specification, submit revised plans and drawings and obtain permit afresh, against the previous permit.

Provided that in such cases the permit fee in excess of the original permit fee already remitted need only be paid and the date of expiry of the permit shall be that of such previous permit;

Provided further that no permit is necessary for effecting minor deviations such as shifting the position of access to plots in the case of lay outs and shifting the position of rooms, stairs, lifts, windows, doors or ventilators and their sizes in the case of building constructions if they do not conflict with these rules;

Provided also that the deviations mentioned in the above proviso shall be incorporated in the completion plan and submitted along with completion certificate.

(2)     Where it comes to the notice of the Secretary that a work:

(i)       is not in accordance with the plans or specifications approved;

(ii)      is in contravention of any of the provisions of the Act or these rules, bye-law or declaration made there under; he may, by notice, require the person for whom such work is done:

(a)      to make such alterations as may be specified in the notice with the object of bringing the work in conformity with the plans or specifications approved or the provisions so contravened; or

(b)      to show cause why such alterations should not be made; within such period as may be specified in the notice:

Provided that any construction carried out in deviation of the approved plan or specific conditions, shall not be required to be altered as, per the approved plan if such construction does not violate the provisions or specific conditions contained in the Act or these rules.

(3)     Where the person to whom the notice under sub-rule (2) is issued does not show cause as aforesaid, he shall be bound to make the alterations specified in such notice.

(4)     Where the person to whom the notice under sub-rule (2) is issued shows sufficient cause as aforesaid, the Secretary may, cancel the notice and in Mother cases, by order confirm or modify the notice.

Rule - 90. Demolition or alteration of work unlawfully commenced, carried on or completed.

(1)     Where the Secretary is satisfied

(a)      that the construction, reconstruction or alteration of any building or digging of any well:

(i)       has been commenced without obtaining the permission of the Secretary or in contravention of the decision of the Council; or

(ii)      is being carried on, or has been completed otherwise than in accordance with the plans or specifications on which such permission or decision was based; or

(iii)     is being carried on or has been completed in breach of any of the provisions contained in the Act or these rules or bye-law or order made or issued thereunder or any direction or requisition lawfully given or made thereunder; or

(b)      that any alteration required by notice issued regarding deviation has not been duly made; or

(c)      that any alteration of or addition to any building or any other work made or done for any purpose in or upon any building has been commenced or is being carried on or has been completed in contravention of the provisions regarding accessory buildings and sheds.

he may make a provisional order requiring the owner or the person for whom the work is done to demolish the work done or so much of it as, in the - opinion of the Secretary, has been unlawfully executed or to make such alterations as may, in the opinion of the Secretary, be necessary to bring the work in conformity with the provisions of the Act, these rules, bye-laws, direction, order or requisition as aforesaid, or with the plans and specifications on which such permission or decision was based, and may also direct that until the said order is complied with, the owner or such person shall refrain from proceeding with the work.

(2)     The Secretary shall serve a copy of the provisional order made under sub-rule (1) to the owner or the person for whom such work is done together with a notice requiring him to show cause within a reasonable time to be specified in such notice why the order should not be confirmed.

(3)     Provided that, any construction or reconstruction or addition or alteration of any building or digging of any well, commenced, being carried on or completed without obtaining approved plan or in deviation of the approved plan shall not be directed to be altered or demolished, if such construction or reconstruction or addition or alteration of building or digging of well does not violate any provisions or specific conditions contained in the Act or these rules and may be considered for regularization under the provisions in these rules.

(4)     Notwithstanding anything contained in sub-rule (2) or sub-rule (3), the Secretary may also initiate prosecution proceedings against the owner or the person for whom the work has commenced, being carried on or has been completed.

(5)     The Government may, either suo motu or on application made by any person aggrieved, after examining the records and giving an opportunity to be heard for the applicant and the person who has carried out the construction or reconstruction or alteration or addition of any building or any structure or digging of any well as in sub-rule (1) and Secretary, if convinced that the construction or reconstruction or alteration or addition of the building the structure or digging of the well has been carried out violating the provisions contained in the Act or these rules or any other rules issued under the Act or any lawful direction issued by the Government or Secretary, direct the Secretary to revoke the permit and/or stop the work and/or require to modify the construction and/or demolish the construction or reconstruction or alteration or addition or fill up the well within a period to be specified in that direction. The Government may also directly revoke the permit and/or stop the work in such cases.

(6)     The Government may, if the Secretary fails to execute the direction issued under sub-rule (5) to demolish a construction or reconstruction or alteration or addition or fill up the well within the period specified therein, make necessary arrangements for the same and may recover the expenses from the Panchayat concerned.

Rule - 91. Order of stoppage of building works in certain cases.

(1)     Where the erection of any building or the execution of any work has been commenced or is being carried on (but has not been completed) without obtaining the permission of the Secretary or in contravention of any decision of the Council or any provision in the Act or these rules or byelaws made there under or any lawful direction or requisition given or made under the Act or these rules or byelaws made there under, the Secretary may without prejudice to any other action that may be taken under these rules, by order require the person at whose instance the building or the work has been commenced or is being carried on, to stop the same forthwith. The status of the work at the time of issuance of stoppage of work may be noted by Secretary.

(2)     Where the order under sub-rule (1) is not complied with, the Secretary may require any police officer to remove such person and all his assistants and workmen from the premises within such time as may be specified in the requisition and such police officer shall comply with the requisition accordingly.

(3)     After the requisition under sub-rule (2) has been complied with, Secretary may, if he thinks fit, require in writing the assistance of a police officer or depute by a written order an officer or employee of the Panchayat to watch the premises in order to ensure that the erection of the building or, execution of the work is not continued and the cost thereof shall be paid by the person at whose instance such erection or execution was being continued or to whom notice under sub-rule (1) was given, and shall be recoverable from such person as an arrear of property tax under the Act.

CHAPTER XX REGULARISATION OF UN PERMITTED CONSTRUCTIONS AND DEVIATIONS

Rule - 92. Power of the Secretary to regularise certain constructions.

The Secretary shall have the power to regularise construction or reconstruction or addition or alteration of any building or digging of any well or telecommunication tower or any structure or land development or any other work for which permission of the Secretary is necessary under this rule commenced, being carried on or completed without obtaining approved plan or in deviation of the approved plan:

Provided that such work shall not be in violation of any of the provisions of the Act or these rules.

Provided further that permit may be granted for continuing works already commenced without obtaining permit after levying fee equivalent to the compounding fee for regularization as per these rules for such part already constructed and permit fee for the remaining unconstructed part;

Provided further that such power shall not relieve the Secretary of his responsibility in detecting and preventing such work and in taking other actions as per these rules:

Provided also that where the work was commenced, being carried on or completed after the statutory period specified in Rules 14, 49(6), 70 or 87 and as per rules, such work shall be considered as duly permitted and not one requiring regularisation.

Rule - 93. Submission of application and procedure for its disposal.

(1)     Application for regularization shall be submitted in the form in Appendix A1.

(2)     The application for regularization shall be accompanied by documentary evidence of ownership of plot, site plan, elevation, building plan, service plan, parking plan wherever the building requires parking, and other details and specifications as are necessary in the case of an application for new building permit; in the case of deviation from approved plan, the approved plan and permit already obtained shall also be submitted.

(3)     The procedure for disposal of an application for regularisation shall be that followed in the case of an application for new permit.

Rule - 94. Application fee.

The application fee shall be as specified in Schedule I.

Rule - 95. Decision to be intimated.

(1)     The Secretary shall by written order either grant or refuse to grant regularization.

(2)     The Secretary shall, if the decision is to grant regularisation intimate the fact to the applicant in writing specifying the amount to be remitted as compounding fee and the period within which the amount has to be remitted.

(3)     The Secretary shall, on receipt of the compounding fee, and compliance of the condition, if any specified, issue order as in Appendix-G1 absolving the person from all liabilities and regularizing the construction, and record the details thereof in a register to be kept as a permanent documents in the form in Appendix - G2.

(4)     The compounding fee shall be double the permit fee in force.

Provided that in the case of deviated or additional construction only the area so deviated or added shall be considered for the calculation of compounding fee.

(5)     The Secretary shall, if the decision is to refuse regularisation, intimate the fact to the applicant specifying the reasons for such refusal and the period within which such building or part of building has to be demolished or the well filled up:

Provided that an application for regularisation shall be refused only on such grounds on which approval of site or permission may be refused.

Rule - 96. Demolition of buildings not regularised.

(1)     Where the owner fails to demolish the building or structure or part thereof or fill up the well as directed in the order refusing regularisation or fails to remit the compounding fee within the time specified, or fails to comply with any condition stipulated in the order granting regularisation within the time specified, the Secretary shall himself cause the building or part thereof demolished or the well filled up as the case may be, and the expenses thereof shall be recovered from the owner as if it were an arrear of property tax due under the Act:

Provided that in the case of an order refusing regularisation, the building or part thereof shall not be demolished or well filled up or prosecution initiated as in sub-rule (2) until and unless the time prescribed for filing appeal from such an order has not been expired.

(2)     Notwithstanding anything contained sub-rule (1), Secretary may also take prosecution proceedings against the owner.

CHAPTER XXI REGISTRATION OF INSTITUTION, ARCHITECTS, ENGINEERS, TOWN PLANNERS, ETC.

Rule - 97. Plans and drawings to be prepared and signed by Architect, etc.

In these rules, wherever it is required that a plan or drawing or specification shall be one prepared and signed by or a certificate shall be one so certified and signed by an Institution, Architect, Building Designer, Engineer, Town Planner or Supervisor and such Institution, Architect, Building Designer, Engineer, Town Planner or Supervisor shall be a person registered or deemed to have been registered under the provisions in this chapter.

An Institution under any university in the state, offering Bachelor's degree and/or Master's degree in Architecture and/or Civil Engineering may also register under the provisions in this chapter. In such situations, the Head of Department of Architecture or Civil Engineering as the case may be, shall certify and sign the plan or drawing or specification, affixing the official seal of the department.

Rule - 98. Registering Authority.

The Regional Joint Director, Urban Affairs Department, shall be the Registering Authority for the respective regions of the State.

Rule - 99. Application and procedure for registration.

(1)     Any person or institution having the requisite qualification may submit an application for registration in the form in Appendix-H1-A or Appendix H1-B as the case may be.

(2)     A person employed in the service of Government or Quasi-Government or Government owned Corporation or Board, Authority or Government Companies or Banks is not eligible for registration.

Provided that paid Apprentices under the Apprentices Act, 1961 (Central Act 52 of 1961) are considered as not employed for this purpose.

(3)     The application shall be affixed with necessary court fee stamp and shall be attached with true copy of certificate showing educational qualification and experience.

In the case of institutional registration, true copy of the following documents shall be attached with the application affixed with necessary court fee stamp:

(i)       valid registration/recognition of Bachelor's degree course in Architecture from Council of Architecture or that in Civil Engineering from All India Council for Technical Education (AICTE) as the case may be, and

(ii)      affiliation of the institution to a university in the State

(4)     The Registering Authority shall, if convinced of the genuineness of the documents, issue registration certificate in the form in Appendix-H3 after collecting the registration fee.

(5)     The registration once made shall be valid for four years from the date of registration certificate. The registration certificate shall be renewable on payment of renewal fee with a request in transparent paper affixed with necessary court fee stamp made within the valid period of registration, in the case of institutional registration, true copy of document(s) showing valid registration/recognition of Bachelor's degree course in Architecture from Council of Architecture or that in Civil Engineering from All India Council for Technical Education (AICTE) as the case may be, shall also be attached with the application for renewal.

Provided that if the registration could not be renewed within the said valid period, the registering authority shall, on receipt of the application, renew the registration collecting a fine 50 per cent of the registration fee in case of delay up to 30 days and with a fine 100 per cent of the registration fee in case of delay upto 60 days from the date of expiry of the registration, in addition to the registration fee as per these rules.

Provided further that a license issued under the Kerala Municipality Building Rules, 1999 shall be deemed to have been issued under these rules and shall continue to be valid for the period for which that license was issued and the holder of the said license shall be eligible for registration under these rules.

Provided also that in the case of Institutional registration, any change of person in the capacity of the Head of Department of Architecture or Civil Engineering, as the case may be, shall be officially intimated by the Principal/Head of Institution to the registering authority with name and specimen signature of such person.

(6)     The fee for registration and renewal shall be the same and shall be at the rates shown below:

Rule - 100. Qualification for registration.

No person shall be eligible for registration in the category in column (1) unless he possesses the qualification as in column (2) of Appendix-H2

Rule - 101. Registration in more than one category.

A person shall be eligible for registration in more than one category if he possesses the requisite qualification and submits separate application, and fee for registration in each such category.

Rule - 102. Certification of Professionals for KSECBC compliance.

(1)     A person who fulfils the eligibility criteria specified in the Energy Conservation (Minimum qualification for Energy Auditors and Energy Managers) Rules, 2006 and has qualified National Examination for Energy Conservation Building Codes Compliance

(2)     The Empanelled Energy Auditors (Building), whose services are engaged by the owner, shall

(a)      verify and certify

(i)       the design of the building keeping in view the design criteria, energy goals of the project, energy systems performance verification plan, and the modeling approach;

(ii)      the energy conservation measures based on the design approach for the project under consideration;

(iii)     construction documents and compliance documents, compliance forms and checklists specified to ensure that the building complies with the Code and these rules;

(iv)    energy performance index ratio of the proposed building;

(b)      furnish a certificate under its seal and authorized signature to the effect that drawings, specifications, construction documents, compliance documents and forms prepared covering building envelope, comfort system and controls, lighting and electrical power systems, wherever applicable, and all other Code related documentation prepared for submission to the authority having jurisdiction ensuring compliance with these rules;

(c)      inspect the building works from the design stage to its commissioning stage of buildings including their uses under these rules and based on his certification, the authority having jurisdiction shall issue building permit, approve construction of building, issue completion and occupancy certificates;

(d)      the Empanelled Energy Auditors (Building) shall ensure that none of the professionals or employees working under him/her is engaged in any work in connection with the construction or alteration of the concerned building covered under these rules to ensure that there is no conflict of interest with his/her official duties with the interests of the authority having jurisdiction;

(e)      report to State designated agencies on such unusual technical issues that may arise due to issue of building permit or construction of building or during occupancy stage;

(f)       provide inputs to the National and State Energy Conservation Building Code Implementation Committees to facilitate for better implementation of the Kerala State Energy Conservation Building Code and Kerala Energy Conservation (Building Code) Rules, 2017;

(g)      promote norms and standards specified in the Kerala State Energy Conservation Building Code

CHAPTER XXII THE KERALA URBAN ARTS COMMISSION

Rule - 103. Constitution of the Commission.

(1)     The constitution and functioning of the commission shall be as per Kerala Town and Country Planning Act, 2016 (9 of 2016)

(i)       Notwithstanding anything contained in these rules and with due regard to the conservation of buildings, precincts and natural features of heritage value, the commission shall have powers to recommend to permit or recommend to decline land developments, uses and constructions including additions, alterations demolitions etc., within the areas identified or advised by the commission as having heritage value.

(ii)      The Panchayat shall seek such recommendations of the commission, and the recommendations of the commission shall be binding to the Panchayat including any particular architectural or aesthetic form of construction in the case of land developments and constructions in such area.

(2)     Notwithstanding anything contained in these rules, for buildings more than 20 floors and certain areas suggested by the Government, Kerala Urban Arts Commission may enforce urban design and architectural control to the buildings and open spaces. These shall be detailed out keeping in view of the location characteristics development requirements for the area.

CHAPTER XXIII VIGILANCE, DANGEROUS AND DEFECTIVE WORKS, APPEAL, ETC.

Rule - 104. Secretary to submit report.

(1)     Secretary shall submit to Government every three months report with respect to the following:

(i)       total number of applications for building permit received during the period;

(ii)      total number of applications in which building permit was issued and or refused;

(iii)     details of applications in which decision was not taken within the stipulated time specified as per these rules as the case may be, from the date of receipt and the reasons therefore;

(iv)    details of applications referred to the Council, by the applicant

(v)      total number of applications received for regularisation, of unauthorized or deviated constructions;

(vi)    total number of applications for regularisation disposed of specifying the number of applications sanctioned and or refused, if refused, details of further action taken;

(vii)   number of applications for regularisation pending, disposal;..

(viii)  total number of illegal constructions detected and action taken thereon; and

(ix)    details of Government directions received and action taken thereon.

(2)     Government shall, after considering the report, take action as they deem proper.

Rule - 105. Vigilance.

(1)     There shall be a State Level Vigilance wing headed by the Chief Town Planner (Vigilance) under the Local Self Government Department to perform the functions entrusted by Government by order from time to time with regard to vigilance functions pertaining to building constructions and land developments.

(2)     All District Town Planning offices will render assistance to the State Level Vigilance wing for inspections and reporting building constructions and land developments.

(3)     The District Police Officer shall render all assistance to the Chief Town Planner (Vigilance), if so requested, for discharging their duties.

Rule - 106. Stoppage of dangerous or defective works.

(1)     Notwithstanding anything contained in these rules, the Secretary may, at any time stop the construction or reconstruction or alteration of any building, if in his opinion, the work in progress is a danger to human life.

(2)     The Secretary shall have the power to condemn any work or material which in his opinion is unsatisfactory or as per the direction given by the Chief Town Planner (Vigilance) or is likely to constitute a danger to health and any work or material so condemned shall be remedied, amended or made good or shall be removed in full or in part and replaced by new work or material, to the Satisfaction of the Secretary.

Rule - 107. Penalty for unlawful building.

(1)     The owner of a building or well and the registered institution/Architect/Engineer/Town Planner/Supervisor who has made a certificate under Rule 6 (3) as specified in Annexure J1 with respect to the construction under consideration or a person to whom notice is issued under these rules shall, where the construction or reconstruction of such building or tower or any structure or digging of such well

(a)      is commenced without the permission of the Secretary; or

(b)      is carried on or completed otherwise than in accordance with the particulars on which such permission was based; or

(c)      is carried on or completed in contravention of any lawful order or in breach of any provision contained in the Act or these rules, or bye-law made there under or any direction or requisition lawfully given or made; or

(d)      about which any alteration or addition required by any notice issued by the Secretary under these rules, is not duly made: or

(e)      about which a direction, if any, given by the Secretary under these rules is not complied with, be liable, on conviction by competent court, to a fine which may extend, in the case of building to ten thousand rupees and in the case of a Well or hut to one thousand rupees and to a further fine which may extend in the case of a building to one thousand rupees and in the case of a well or hut to two hundred and fifty rupees for each day during which the offence is continued:

Provided that if any construction or reconstruction of a building or digging of a well unlawfully carried out by a person has been regularised by the Secretary, he shall not be punished.

(2)     Where any building, erected in violation of any standard or condition or direction lawfully issued under the provisions of the Act or these rules, becomes a threat to public safety or to human life, the owner or builder and the registered institution/Architect/Engineer/Town Planner/Supervisor who has made a certificate under Rule 6(3) as specified in Annexure J1 with respect to the construction under consideration of such building shall on conviction by a competent court, be punishable with imprisonment which may extent to one year.

(3)     The Secretary may take prosecution proceedings under sub-rule (1) or sub-rule (2).

Rule - 108. Appeal.

(1)     Any person aggrieved by an order passed by the Secretary may submit an appeal to the Tribunal for Local Self Government Institutions constituted under Section 271S of the Kerala Panchayat Raj Act, 1994.

(2)     Without prejudice to the provisions contained in the Act, an appeal may be filed against any order,

(i)       approving or disapproving building site;

(ii)      granting or refusing permit to execute work;

(iii)     confirming, modifying or cancelling the notice requiring alteration of work;

(iv)    confirming the provisional order requiring demolition of building or part thereof or filling up of well;

(v)      regularising construction or reconstruction or alteration of building or digging of well erection of telecommunication tower or pole structure, conversion or erection of shutter or door, conversion of roof, etc. or rejecting such regularisation; and

(vi)    stopping erection of building or execution of work.

(vii)   passed or action taken by the Secretary under these rules;

(viii)  issued on the basis of the decision of the Special Committee;

(ix)    passed by the Chief Town Planner or the District Town Planner.

(3)     Any person aggrieved by any of the action in the discharge of the administrative functions by the local self government institutions or an employee or an officer of the local self Government institutions as explained herein may submit there grievances to the ombudsman for redressal.

Ombudsman is an authority constituted for Local Self Government Institutions at the state level for conducting investigations and enquires in respect of any action involving corruption or maladministration or irregularities in the discharge of administrative functions of the Local self Government Institutions or by an employee or an officer working under Local self Government Institutions or by an employee or an officer working in any office or institution transferred to such Local Self Government Institutions or by elected member of Local Self Government Institution including its President or Chairperson and for the disposal of such complaints in accordance with the provisions of Section 271(G) of the Kerala Panchayat Raj Act (13 of 1994).

Rule - 109. Removal of doubts, etc.

The Government shall have power, if any doubt arises with regard to the interpretation or otherwise of any provision or if any difficulty arises in the implementation of any provision, to clarify the doubt or to issue necessary direction for removing the difficulty.