THE
KERALA MUNICIPALITY BUILDING RULES, 1999
THE KERALA MUNICIPALITY BUILDING
RULES, 1999[1]
PREAMBLE
In exercise of the powers
conferred by sections 381, 382, 387, 398 and 406 read with section 565 of the
Kerala Municipality Act, 1994 (20 of 1994) and in supersession of the Kerala
Building Rules, 1984 issued in G.O. (Ms.) No. 127/84/LA & SW dated 14th May
1984 and published as S.R.O. No. 486/84 in Kerala Gazette Extraordinary No. 403
dated 15th May 1984, 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 Municipality Building Rules,
1999.
(2)
They shall apply to all Municipalities in the State.
(3)
They shall come into force at once.[2]
Rule - 2. Definitions.
(1)
In these rules unless the context otherwise requires,-
(a)
'access' means the way to a plot or building;
(b)
'accessory building' means a building attached or detached to a
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 Municipality Act, 1994 (20 of 1994);
(e)
'advertising sign' means any sign either free, supported or
attached to a building or other structure which advertises an individual, a
firm, a society, an establishment or a product displayed on the said premises
for identification purposes;
(f)
'alteration' means a structural change, such as an addition to the
area or height or addition of floor/floors or mezzanine floor 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
beams 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 the room/rooms which amount to change in the occupancy group of the
building under these rules, or closing of any required means of ingress and
egress to the building;
(g)
'apartment' means a part of a building intended for any type of
independent use including one or more rooms or enclosed spaces located on one
or more floors or parts thereof in, a building, intended to be used for
residential purposes and with a direct exit to a public street, road or highway
or to a common area, leading to such street, road or highway. This word is
synonymous with 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;
[3][(ia)
'balcony' means a horizontal projection, including a handrail, or balustrade to
serve as passage or sitting out place;]
(j)
'basement floor' means the lower storey of a building below or
partly below the ground floor. This word is synonymous with cellar;
(k)
'bathroom' means a room or cubicle for bathing;
(l)
'building' means any structure for whatsoever purpose and of
whatsoever material constructed and every part thereof whether used for human
habitation or not and includes foundations, plinth, walls, floors, roofs,
chimneys, plumbing and building services, verandah, balcony, cornice or
projections, 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;
(m)
'building line' means a line which is away from the street
boundary and upto which the main wall of the building facing that street may
lawfully extend, no portion of the building may extend beyond this line except
as prescribed in these rules;
[4][(n)
'carpet area' means the usable floor area excluding the area of staircases,
lift wells, escalators, ducts, toilets, air condition plant room and electrical
control room.
[5][Note:-
For calculating carpet area twenty percent of the floor area shall be deducted
from the total floor area in each floor];
(o) 'ceiling' means the internal roof/lining of
any room; in case there is not such lining, the roof membrane shall constitute
the ceiling;
(p) 'Chief Town Planner' means the Chief Town
Planner to the Government of Kerala;
(q) 'chimney' means an upright shaft containing
and encasing one or more flues;
(r) 'conversion' means the change of one
occupancy group into another occupancy group;
(s) 'corridor' means an exit serving as a passage
way communicating with separate rooms or with different parts of a
building; [6][or
with different buildings];
(t) 'coverage' means the maximum area on any floor [7][above
ground level] of the building excluding cantilevered open balconies, it does
not include the spaces covered by,-
(i)
garden, rockery, well and well structures, plant, nursery, [8][water
tank], swimming, pool (if uncovered), platform around a tree, tank, fountain
bench and the like;
(ii)
drainage, [9][culvert]
conduit, catch-pit, gully pit, drainage chamber, gutter and the like; and
(iii)
compound wall, gate, slide, swing, uncovered staircase, areas
covered by sunshade and the like;
(u) 'depth of plot' means the mean horizontal
distance between the front and rear plot boundaries;
[10][(ua)
'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 who has obtained
permit under the provisions of these rule, through an agreement executed
between them;]
(v) 'development of land' means any material change
on the use of land [11][other
than for agricultural purpose] brought about or intended to be brought about by
filling up of the land and/or water bodies or changing from the existing former
use of the land, layout of streets and foot paths, sub-division of land for
residential plots or for other uses including layout of internal streets,
conversion of wet land, and developing parks, play grounds and social amenities
of the like, but does not include legal partitioning of family property among
heirs [12][x
x x];
(w) 'development plan' means any general planning
scheme for the local area as a whole or any detailed town planning scheme for
any specified area prepared under the Town and Country Planning Act in force;
(x) '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 means, sealed sewage mains and special machinery or apparatus for raising,
collecting, expelling or removing sewage or offensive matter to the sewage
outfall;
(y) 'drainage' means the removal of any liquid by
a system constructed for the purpose;
(z) 'dwelling' means a building or a portion
thereof which is designed or used wholly or principally for residential
purposes;
(aa) '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;
(ab) 'exit' means a passage, channel or means of
egress from any building, storey or floor to a street or other open space of
safety;
(ac) 'external wall' means an outer wall of a
building eventhough adjoining a wall of another building; it also means a wall
abutting on an interior open space of any building;
(ad) 'factory' means any premises including the
precincts thereof used or proposed to be used for any purpose as defined under
the Factories Act, 1948 and which comes under the purview of the said Act;
(ae) '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';
(af) '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;
[13][Note:-
The sequential number of floor shall be determined by its relation to the
determining entrance level. For floor at or wholly above ground level, the
lowest floor in the building with direct entrance from road/street shall be
called as ground floor and the other floors above the ground floor shall be
called in sequence as the first floor, second floor, third floor etc. with
number increasing upwards].
(ag) 'floor area' means the built up area of a
building at any floor level;
(ah) 'floor area ratio (F.A.R)' means the quotient
obtained by dividing the total floor area on all floors by the area of the
plot;
(ai) 'flue' means a confined space provided for the
conveyance to the outer air of any product of combustion resulting from the
operation of any heat producing appliance or equipment employing solid, liquid
or gaseous fuel;
(aj) 'frontage' means side or part of a side of a
plot which abuts on a street;
(ak) 'front yard' means an open space extending
laterally along the front side (main ground floor entrance side) of a building
and forming part of the plot;
Note:- Where there are more than
one entrance to a building, the entrance giving access to the major portion of
a ground floor shall be considered as the main entrance;
(al) '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.;
(am)
'garage' means a building or portion thereof, used or intended to be used for
the shelter, storage or repair of any mechanically propelled vehicle;
(an) 'ground floor' means the lowest storey of a
building to which there is an entrance from the [14][x x]
adjacent ground or street;
(ao) 'Government' means the Central or State
Government;
[15][(aoa)
'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 is not
falling under the category of Government Approved Private Information
Technology Park and Government Owned Information Technology Park;
(aob)
'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;
(aoc)
'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;]
(ap)
'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;
[16][(aq)
"height of building" means the vertical distance measured [17][from
the average level of [18][the
centre line of the adjoining street in the case where the plot abuts the street
and average level of the adjoining ground in all other cases]
(i)
in the case of flat roofs, to the highest point of the building
adjacent to the street wall;
(ii)
in the case of pitched roofs, to the point where the external
surface of the outer wall intersects the finished surface of the slopping roof;
(iii)
in the case of gabled roofs, to the midpoint between the eves
level and the ridge; and
(iv)
in the case of dommed roofs, to the [19][highest
point of the dome]:
Provided that architectural
features serving no other function except that of decoration shall be excluded
for the purpose of taking heights;]
[20][Note:-
For arriving at the 'average level of ground', the average of the levels of the
lowest ground and that of the highest ground contiguous to the building shall
be taken].
(ar) 'height of room' means the vertical distance
between the floor and the lowest point on the ceiling;
[21][(as)
'hut' means any building constructed principally of wood, mud, leaves, grass,
thatch or such easily perishable material;]
[22][(asa)
'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
lease 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;
(asb)
'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 (asa) for
Information Technology Buildings and the remaining buildings in the Information
Technology Park are meant to play a complementary 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 utilized
for all the supporting activities. The buildings for the supporting activities
may include residential buildings, recreational facilities, educational
facilities, convention centers, hospitals, hotels and other social
infrastructure meant to support the activities in the Information Technology
Buildings and Information Technology Parks;]
(at) 'lift well' means the unobstructed space within
an enclosure provided for the vertical movement of the lift car(s) and any
counter weight(s) including the lift pit and the space for top clearance;
(au) '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;
[23][(aua)
'mechanised parking' include, parking and retrieval of vehicles by mechanical
means];
(av) 'mezzanine floor' means an intermediate floor
in any storey over-hanging and over-looking a floor beneath;
[24][(ava)
'occupancy group' means the principal occupancy for which a plot, a building or
a part of a building in 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;]
(aw) 'open space' means an area forming an integral
part of the plot left open to the sky;
(ax) 'operational construction' means a construction
whether 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 [25][or so
declared] by the Central or State Government from time to time;
(ay) '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;
(az) 'parapet' means a low wall not more than 1.2 m
in height built along the edge of a roof or a floor;
(ba) 'parking space' means an area enclosed or
unenclosed, sufficient in size to park vehicles, together with a drive way
connecting the parking space with a street or alley and permitting ingress and
egress of vehicles;
(bb) 'passage way' means a means of access;
(be) 'pathway' means an approach constructed with
materials, such as bricks, concrete, stone, asphalt or the like;
(bd) 'permit' means a permission or authorisation in
writing by the Secretary to carry out work;
[26][(bda)
'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)].
(be) 'plinth' means the portion of a structure
between the surface of the surrounding ground and surface of the floor, first
above the ground;
(bf) 'plinth area' means area of the building at the
plinth level, does not include the area of open porch [27][(not
enclosed by wall)] uncovered staircase and the like;
(bg) 'plot' means a parcel or piece of land enclosed
by definite boundaries;
[28][(bga)
'plot corner' means a plot [29][abutting]
two or more intersecting streets;
(bgb)
'plot, depth of means the mean horizontal distance between the front and rear
plot boundaries;
(bgc)
'plot, double frontage' means plot having a frontage on two streets other than
a corner plot;
(bgd)
'plot interior' means a plot, access to which is by a passage from a street
whether such passage forms part of the plot or not;]
(bh) 'Pollution Control Board' means the Kerala
State Pollution Control Board;
(bi) 'porch' means a canopy supported on pillars or
otherwise and used for the purpose of pedestrian or vehicular approach to a
building;
(bj) 'rear yard' means the utility open space
extending laterally along the rear side of the plot and forming part of the
plot; any side other than rear if used as utility open space shall be deemed as
rear yard;
(bk) 're-development of land' means the revision or
replacement of an existing land use and population distribution pattern and the
clearance and building of the area according to a development plan. It involves
the reduction or increase of population densities; the acquisition and
clearance of deteriorated buildings, the repair, modernisation and provisions
of sanitary facilities, water supply and electricity, provision of street,
parks or other public improvements and preservation of predominantly built up
areas that are in good condition;
(bl) 'registered Architect/Engineer/Town
Planner/Supervisor' means an Architect/Engineer/Town Planner/Supervisor
registered or deemed to have been registered as such under these rules;
(bm)
'road' means any highway, street, lane, pathway, alley, passageway,
carriageway, 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; [30][in
any [31][town
planning] scheme];
[32][(bma)
'width of the road' means the right of way and include medians, service roads
and flyovers;
(bmb)
'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];
(bn) 'row building' means a row of buildings with
only front and rear open spaces with or without interior open spaces;
(bo) 'Secretary' means the Secretary of a
Municipality;
(bp) 'section' means a Section in the Act;
[33][(bpa)
'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 the 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.]
(bq) 'semi-detached building' means a building
detached on three sides;
(br) 'service lane' means a lane provided at the
rear or side of a plot for service purposes;
(bs) 'service station' means a place where no
automobile repairing is done but only washing, cleaning and oiling of automobile
take place;
(bt) 'set back line' means a prescribed building
line drawn with reference to the central line of a street on the street side of
which nothing can be erected or re-erected;
[34][(bta)
'sewage drain' means a drain used or constructed to be used for conveying solid
or liquid waste matter, extremental or otherwise to a sewer;]
(bu) 'shop' means a building or part of a building
where articles of food and personal, domestic and household use and consumption
are sold and goods of any kind are ordinarily sold. It does not include a
workshop;
(bv) '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/utility yard and forming part of the plot;
(bw)
'site' means a plot and its surrounding precincts;
(bx) '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. [35][It is
synonymous with stair cabin or staircase room];
[36][(bxa)
'stall' means any [37][x x]
structure other than a hut used solely for the display and sale of goods;]
(by) '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;
(bz) 'street' means a private street or a public
street, synonymous with road and giving access to more than one plot or one
building;
(ca) 'street line' means the line defining the side
limits of a street;
(cb) 'street level' means the level at the centre
line of the street;
(cc) '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";
(cd) [38]['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;
(ce) 'tenement' means part of a building intended or
used or likely to be used as a dwelling unit;
(cf) '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;
(cg) 'travel distance' means the distance an
occupant has to travel to reach an exit;
[39][(cga)
'unconnected latrine' means a latrine not connected to the public sewer system,
it may be connected to a septic tank;]
(ch) 'unsafe building' means building which is
structurally unsafe, insanitary 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;
[40][(cha)
'use group' means the principal use for which a plot, a building or part of a
building is used or intended to be used;]
(ci) 'verandah' means a covered area with at least
one side open to the outside with the exception of parapet, trellis, jally or
grill work on the open side;
[41][(cia)
'Village panchayath' means a village panchayath constituted under section 4 of
the Kerala Panchayath Raj Act, 1994 (13 of 1994).]
(cj) '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;
(ck) 'Water Authority' means the authority delegated
by the Government of Kerala to be in charge of the management of water and
sewerage installations in the area;
(cl) 'water closet' or 'WC' means a latrine with
arrangement for flushing the pan with water but does not include a bathroom;
(cm)
'water course' means an artificial or natural drainage canal;
(cn) '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 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 Municipality Act, 1994 (Act 20 of 1994) shall have the
same meaning assigned to them in that Act.
Rule - 3. Applicability.
These rules shall apply to,-
(i)
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 a building is changed, these rules
shall apply to all parts of the building affected by the change;
[42][(d)
where addition or extension is made to a building, the rules shall apply to the
addition or extension only, but for calculation of floor area ratio and
coverage permissible and for calculation of required off street parking area to
be provided, the whole building (existing and the proposed) shall be taken into
account;
[43][xxx]
(ii)
all lands which is proposed to be developed or redeveloped for
construction of building;
[44][(iii)
all developments and constructions existing or proposed in any village
panchayath area to which the provisions of these rules stand extended.]
Rule - 3A. [Provisions in the Town Planning Scheme shall prevail.
Notwithstanding anything
contained in these rules, provisions or regulations in any Town Planning
Scheme [45][in
force] under Town Planning Acts [46][x x]
shall prevail over the respective provisions of these rules wherever such
schemes exist][47].
Rule - 3B. [Application of National Building Code of India.
Wherever the provisions of the
National Building Code are mentioned in these rules, the provisions of the code
in force shall be adopted][48].
Rule - 3C. [Power of the 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 when construction is made
(a)
by Government/Local Self Government Institutions or Government
Institutions for a public purpose;
(b)
by those who surrender land to Government or Local Self Government
Institutions or Government Agencies for a public purpose subject to the
condition that the exemption shall be applicable to the land in equal
proportion to the surrendered land][49].
CHAPTER II PERMIT
Rule - 4. Essentiality of permit.
(1)
No person shall develop or redevelop any parcel of land 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 separate building permit for each such work from the
Secretary:
[50][xxx]
[51][(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 permit
(1)
Every person other than a Central or State Government Department
who intends to develop or redevelop any parcel of land shall apply in writing
to the Secretary in the form in [52][Appendix
AA] and such application shall be accompanied by plans and statements in
duplicate as required under these rules and documents to prove the ownership of
the land concerned and payment of application fee as specified in Schedule
I [53][along
with a copy of the certificate of registration of the Architect, Building
Designer, Engineer, Town Planner or Supervisor as the case may be, who has
prepared and signed the plans, drawings and statements].
[54][x x x]
[55][(1a)
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 applications in case they are found in
order after a preliminary check].
(2)
In the case of any development or redevelopment of land by Central
or State Government Department, the officer authorised [56][shall,
before thirty days of commencement of the work, submit to the Secretary] a set
of layout plan or plans of the proposed plot sub-divisions and all other
details with a certificate issued 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
development plans prepared for the area.
(3)
In the case of layout or plot sub-divisions by any Defence
Organisation the officer-in-charge of the organisation shall submit to the
Secretary a set of layout plans or plans of the proposed plot sub-divisions
giving general indications whether the purpose is residential or otherwise for
enabling the Secretary to estimate the requirements for providing services and
infrastructure to that area.
(4)
In the case of layouts or plot subdivisions by Municipality, the
Secretary may approve the plans of the proposed work with his certificate on
the plans to the effect that the proposed work is in conformity with the
provisions of these rules.
(5)
In the case of an application for development or redevelopment of
any land within a distance of 100 metres from any property maintained by
Defence establishment, the Secretary shall consult the officer-in-charge of
such establishment before the permission is granted. Such officer shall furnish
his reply within thirty days from the date of receipt of the consultation
letter if such establishment has any objection to the proposed development. The
objection, if any, raised by the officer within the said thirty days shall be
duly considered by the Secretary before issuing permit.
(6)
In the case of an application for development or redevelopment of
any land within 30 metres from [57][railway
boundary] the Secretary shall consult the Railway Authority concerned before the
permission is granted. Such Authority shall furnish his reply within thirty
days from the date of receipt of the consultation letter if the authority has
any objection to the proposed development. The objection, if any, raised by the
Railway Authority within the said 30 days shall be duly considered by the
Secretary before issuing permit.
[58][(6A) In
the case of land development in sites, identified or advised by the Art and
Heritage Commission as possessing heritage value and owned by central
government, state government, autonomous bodies, Quasi-governmental agencies,
local self government institutions and Devaswam Boards, concurrence of the Art
and Heritage Commission shall be obtained.]
[59][(6B) In
the case of an application for development or redevelopment of any land within
the Security Zone, the Secretary shall consult the District Collector concerned
before permission is granted. The District Collector, after getting specific
recommendation from the Director General of Police, shall furnish his reply. The
objection if any raised and/or restriction and/or regulation if any suggested
by the District Collector shall be complied by the Secretary while issuing the
permit.
Provided that in the case of
development or redevelopment for religious purpose or worship, prior approval
or clearance or permission and concurrence as the case may be, of the District
Collector concerned shall be obtained and also the conditions stipulated in the
Manual of Guidelines to Prevent and Control Communal Disturbances and to Promote
Communal Harmony which is in force have to be complied with. 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 - N duly filled by the applicant and verified by the Secretary. The
permit shall be issued only after the receipt of the concurrence by the
District Collector.]
(7)
In cases where final remarks are not received within the 30 days
time from the Defence Officer or Railway Authority as in sub-rule (5) or (6),
the Secretary may delay final decision, if any interim reply is received from
the concerned Defence/Railway Authority.
[60][(8) The
Secretary shall, if the [61][any]
approval from the District Town Planner or the Chief Town Planner either as per
these rules or as per the provisions of the town planning scheme for that area
is required for any development, forward the application with his remarks to
the District Town Planner or Chief Town Planner, as the case may be, before
issuing development permit.]
[62][Provided
that the Secretary shall forward only those applications to the District Town
Planner or Chief Town Planner as the case may be, which comply with the
provisions of these rules and the Town Planning Schemes]
Rule - 6. Site plan, Service plan, etc. to be submitted.
(1)
An application for a development permit shall be accompanied by
site plan, service plan, together with details and specifications as described
below:
(a)
the site plan shall be drawn to a scale of not less than 1 : 400
and shall be fully dimensioned and shall show:
(i)
the boundaries of the plot and of any contiguous land belonging to
the owner thereof, including the revenue survey particulars in full;
(ii)
the position of the site in relation to the neighbouring street
and its main access;
(iii)
the name of such street, if any; and its width, which shall be the
width in between the plot boundaries on the opposite sides;
(iv)
all existing structures in the plot;
(v)
all existing streets or foot-paths within the plot;
(vi)
the layout of cul-de-sac, streets, or foot-paths within, adjoining
or terminating at the site, existing, proposed to be widened or newly aligned;
(vii)
the proposed plot sub-division, if any, and the areas and uses of
each sub-division thereof;
(viii) the
access to each plot sub-division, if any;
(ix)
the layout of any service roads or foot-paths and public parking
spaces proposed or existing, if any;
(x)
the area and location of any land within the plot that is
undevelopable such as rocky outcrops, steep terrains, marshes, etc.
(xi)
the area and location of any land within the plot that is not
proposed to be developed or redeveloped;
(xii)
the area and location of any land that is proposed to be
reclaimed;
(xiii) 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
redevelopment;
(xiv)
the north direction and predominant wind direction in relation to
the site;
(xv)
topographic contours (with contour interval not less than 1.5 m to
show the features of the plot clearly) of the site and any other relevant
information of the plot not specifically mentioned, but may be required by the
Secretary.
Note:- The site plan shall be
accompanied by a key map drawn to a scale/appropriate to a scale of 1:4000
giving full details of the location of the site with reference to ail adjacent
streets, premises and landmarks within a distance of 30 m of the plot together
with the details of the land use of the adjoining premises, on all sides;
(2)
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, 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.
Note:- The minimum size of the
paper on which all site plans or service plans are drawn shall not be less than
24 c.ms. x 33 c.ms. [63][or A3].
(3)
All plans, drawings and specifications shall be signed by a
registered Architect or Engineer or Town Planner or Supervisor [64][or
Building Designer as well as the applicant]
(4)
If the plot is owned by more than one person, the application
shall be submitted jointly and signed by all such persons [65][or the
application shall be signed and submitted by any such person or by any legally
authorised third person]
(5)
If the application is for [66][joint]
development or redevelopment of more than one adjoining plots owned by
different persons, the application shall be submitted jointly and signed by all
the persons [67][or the
application shall be signed and submitted by any such person or by any legally
authorised third person]
(6)
In case the development or redevelopment proposed is within 100
metres of any property maintained by Defence establishment or 30 metres
from [68][any
railway track boundary] the applicant shall submit sufficient number of
drawings along with the application and the Secretary shall transmit the same
to the officer-in-charge of the Defence establishment or Railway Authority, as
the case may be, for remarks as specified in sub-rules (5) and (6) of rule 5.
(7)
The Secretary shall, after considering the application, plans and
drawings and other documents issue development permit in the form in
Appendix-B.
Rule - 7. Application for building permit
(1)
Every person other than a Central or State Government Department
who intends to construct or reconstruct a building or make alteration or
addition or extension to a building shall apply in writing to the Secretary in
the form in Appendix A together with plans and statements in duplicate as
required under these rules and documents to prove ownership of the land
concerned and payment of application fee as in Schedule I [69][along
with a copy of the certificate of registration of the Architect, Building
Designer, Engineer, Town Planner or Supervisor, as the case may be, who has
prepared and signed the plans, drawings and statements].
[70][x x x]
[71][(1A)
Application 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].
(2)
In the case of any construction by Central or State Government
Department, the officer authorised [72][shall,
before thirty days of commencement of the work, submit to the Secretary] a set
of plans of the proposed building along with a certificate issued 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 Development plan prepared for the area.
(3)
In the case of construction by any Defence Organisation, the
Officer-in-charge of the Organisation shall submit to the Secretary a set of
building plans giving general indications whether they are residential or
otherwise for enabling the Secretary to estimate the requirement of water,
electricity and sewage disposal.
(4)
In the case of any construction of building by the Municipality,
the Secretary may approve the plans with his certificate on the plans that the
proposed building is in conformity with the provisions of these rules.
(5)
In the case of an application to construct or reconstruct a
building or make alteration or addition or extension to a building or make or
enlarge any structure within a distance of 100 metres from any property
maintained by the Defence establishment, the Secretary shall consult the
officer-in-charge of the said establishment, before the permission is granted.
Such Officer shall furnish his reply within 30 days from the date of receipt of
the consultation letter if such establishment has any objection to the proposed
construction. The objections raised by the officer within the said 30 days
shall be duly considered by the Secretary before issuing permit.
(6)
In the case of an application to erect or re-erect a building or
make alteration or addition or extension to a building or to make or enlarge
any structure within 30 metres from any [73][railway
boundary] the Secretary shall consult the Railway Authority concerned before
any permission is granted. Such Authority shall furnish his reply within 30
days from the date of receipt of the consultation letter if the authority has
any objection to the proposed construction. The objection, if any, raised by
the Railway Authority, within the said 30 days shall be duly considered by the
Secretary before issuing permit.
[74][(6A) In
the case of constructions in sites, identified or advised by the Art and
Heritage Commission as possessing heritage value and owned by Central
government, State government, autonomous bodies, Quasi-Governmental agencies,
local self government institutions and Devaswam Boards, Concurrence of the Art
and Heritage Commission shall be obtained, even if it involves only additions,
alterations, demolition of existing buildings in site.]
[75][(6B) In
the case of an application to construct or reconstruct a building or make
alteration or addition or extension within any Security Zone, the Secretary
shall consult the District Collector concerned before permission is granted.
The District Collector, after getting the specific recommendations from the
Director General of Police, shall furnish his reply. The objection if any
raised and/or restriction and/or regulation if any suggested by the District
Collector shall be complied by the Secretary while issuing the permit.
Provided that in the case of
construction of new building or reconstruction [76][x x x]
for religious purpose or worship, prior approval or clearance or permission and
concurrence as the case may be, of the District Collector concerned shall be
obtained and the conditions stipulated in the Manual of Guidelines to Prevent
and Control Communal Disturbances and to Promote Communal Harmony which is in
force have to be complied with. 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 - N duly filled by the
applicant and verified by the secretary. The permit shall be issued only after
the concurrence of the District Collector]
(7)
In cases where final remarks are not received within the 30 days
time from the Defence Officer/Railway Authority as in sub-rule (5) or (6) the
Secretary may delay final decision in the application for permit, if any
interim reply is received from the Defence/Railway Authority.
[77][(8) The
Secretary shall, if any approval from the District Town Planner or Chief Town
Planner either as per these rules or as per the provisions of the Town Planning
Scheme of that area is required for any construction, reconstruction, addition,
alteration or extension, forward the application with his specific remarks to
the District Town Planner or Chief Town Planner, as the case may be, before
issuing building permit:
Provided that Secretary shall
forward only those applications to the District Town Planner or Chief Town
Planner, as the case may be, which comply with the provisions of these rules
and the Town Planning Schemes.]
(9) The application for building permit shall be
accompanied by documentary evidence of ownership of plot and the site plan,
building plan, services plan, parking plan wherever the building requires
parking space as per rules, together with details and specifications as
described below:-
(A)
The site plan shall be drawn to a scale of not less than [78][1:400]
and shall be fully dimensioned and shall show-
[79][(i)
boundaries of the plot intended for the proposed construction and any
contiguous land belonging to the same owner;]
(ii) the position of the plot in relation to
neighbouring street;
(iii) the name if any, of the street along which the
building is proposed and the width of the street which shall be the width in
between the plot boundaries on opposite sides;
(iv) all existing buildings standing on, above or
below the ground level;
[80][(v) x x
x x]
[x x x x]
[x x x x]
(vi) the width of the street, if any in front side
or rear of the buildings;
(vii) free passage or way in front of the buildings;
(viii) space to be left around the building to secure
a free circulation of air and admission of light;
(ix) spaces proposed as garden;
[81][(x) the
position of external toilets, cattle sheds, stables, wells and other
appurtenant structures]
(xi) north direction in relation to the site;
(xii) such other particulars as may be required by
the Secretary:
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 with the permission of the Secretary.
(B)
the plans, elevations and sections in the building plan of the
buildings accompanying the application shall be accurately drawn to a scale of
not less than 1:100, and shall,
(i)
include floor plans all floors together with the covered area,
accessory buildings and basement floor, if any, and such drawings shall clearly
indicate the sizes and spacing of all framing members, size of rooms, position
of 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;
[82][(iv)
include sectional drawings showing [83][the
lowest ground level contiguous to the building, highest ground level contiguous
to the building], 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 elevation;
(vi) give dimensions of the projected portions;
(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 floor area of building and
carpet area of the building.
(C)
Service plan shall be drawn to the same scale as the site plan and
shall include plans and sections of private water supply and sewage disposal system.
(D)
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 the parking spaces, drive-ways and manoeuvring spaces.
(E)
Specification shall include specifications of both general and
detailed nature giving type and grade of materials to be used.
Note:-The minimum size of paper
on which all site plans, building plans, parking plans are drawn shall not be
less than 24 cms x 33 cms [84][or A3].
(10) All plans, drawings and design calculations
shall be signed by a registered Architecture, Engineer, Town Planner or
Supervisor, unless otherwise specified.
(11) [85][all
plans] shall be signed by the owner/applicant also in all cases.
(12) If the plot is owned by more than one person,
the application shall be submitted jointly and signed by all the persons [86][or
shall be submitted by any such person or a third person if so legally
authorised].
(13) 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.
(14) Application for site approval and issue of
permit shall be submitted in the form in Appendix A.
(15) If the construction proposed is within 100
metres from any property maintained by defence establishment or 30 metres from
any property maintained by Railway Authority, the applicant shall submit
sufficient number of drawings along with the application and the Secretary
shall transmit the same to the officer-in-charge of the Defence establishment
or Railway Authority, as the case may be, for remarks as specified in sub-rules
(5) or (6).
Rule - 8. Parts to be included for calculating floor area[x x][87].
In the calculation of floor area
of buildings the following shall be taken into account, namely:-
(a)
General:
(i)
the total floor area of building shall be the sum total of floor
areas at every floor including basement, if any;
(ii)
[88][x x x]
(iii)
the area of 'Barsati' or penthouse at terrace floor level shall be
included in the floor area; and
(iv)
towers, turrets, domes, etc., projecting above the terrace shall
not be included in the floor area at terrace level.
(b)
Floor area of ground floor:
(i)
the floor area of ground floor shall be calculated at the plinth
level excluding the plinth off-sets (if the off-set does not exceed 5 cm.);
(ii)
in cases where the building consists of columns projecting beyond
cladding the floor area shall be taken upto the external face of the cladding
and shall not include the projections of columns;
[89][(iii) in
the case of verandahs and balconies with at least one of its sides open (other
than parapets) to exterior or interior open spaces, only fifty per cent of the
area shall be taken in to account for calculation of floor area; and]
(iv) open platforms and terraces at ground floor
and porches shall not be included in the floor area.
(c)
Floor area of upper floor:
(i)
the floor area of upper floors shall be calculated at the relevant
floor levels, architectural bands, cornices, etc., shall not be included in the
floor area, vertical sunbreakers or box louvers also shall not be included; and
[90][(ii) in
the case of verandahs and balconies with at least one of its sides open (other
than parapets) to exterior or interior open spaces, only fifty per cent of the
area shall be taken in to account for calculation of floor area;]
(d)
Floor area of galleries, mezzanine floors and lofts:-
(i)
area of galleries i.e., upper floor of seats in an assembly hall,
auditorium etc., shall be fully included in the floor area;
(ii)
area of mezzanine floors shall be included in the floor area; and
(iii)
the area of loft shall not be included.
[91][(e) area
used for parking of vehicles within a building, area of electrical room, room
for air-conditioning plant, generator room, internal sanitary shafts and air
conditioning ducts shall not be included in the floor area of any floor,
however area occupied by lift shall be included in any one floor]
Rule - 9. Certain operational constructions by Government to be exempted from these rules.
The [92][x x]
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;-
(i)
Railway;
(ii)
National Highway;
(iii)
National Waterways;
(iv)
Major Ports;
(v)
Airways and Aerodromes;
(vi)
Posts and telegraph, telephones, wireless, broadcasting and other
like forms of communications;
(vii)
Regional grid for electricity
(viii) Any other
service which the State Government may, if it is of opinion that the operation,
maintenance, development or execution of such services is essential to the life
of the community by notification, declare to be a service for the purpose of
this clause:
[93][x x x x]
Provided further that the
following constructions by the services do not come under the purview of
operational construction 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 offices of Posts and Telegraphs
Department, residential colonies.
Rule - 10. 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 the rules, namely:-
(i)
Providing or removing of windows or doors or ventilators;
(ii)
Providing inter-communication doors;
(iii)
Providing [94][or
removing of] partitions;
(iv)
Gardening excluding any permanent structures;
(v)
White or colour washing;
(vi)
Painting;
(vii)
Petty repairs to the building and pitched roof;
(viii) Plastering
and patch work; and
(ix)
Interior decoration without any structural alterations:
[95][(x)
changing of the location of the building or construction within the plot].
Provided that the details
of [96][works]
under item (ix) shall be intimated to the Secretary [97][at
least] ten days before the commencement of such work, with particulars
regarding the existing conditions in full so as to enable him to make an
assessment of the nature of work. If the Secretary has any objection it shall
be communicated to the applicant within ten days.
[98][Provided
further that the changing of the location under item (x) shall be incorporated
in the completion plan.]
Rule - 11. Approval of site and plans and issue of permit.
(1)
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 conforms to
the site and the provisions of these rules or bye laws made under the Act and
any other law, approve the site and site plan.
(2)
The Secretary shall, after approving the site and site plan verify
whether the building plan, elevation and sections of the building and
specifications of the work conforms 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.
(3)
Approval of site and plans shall be intimated to the applicant in
writing and the permit as in Appendix C 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.
(4)
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.
(5)
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.
Rule - 11A. [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 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 11A is required.
(3)
The application for permit shall also include sufficient copies
of,-
(i)
dimensioned plan(s) and sectional drawing(s) showing 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 and
(iii)
drawings, specifications and details of slabs, beams, columns,
retaining walls etc. proposed at the ground floor level and below.
(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(s) 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.
(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. [99][x
x x]
(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 C1
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.
(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(s) and/or the petitioner(s) 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(s). 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 municipal
level Technical Expert Committee(s) comprising of the Secretary (convener),
Municipal Engineer/Town Planning Officer and two experts, one each in
Structural Engineering and Geo technical Engineering (to be nominated by the
Government) to assess the damage, suggest protective measures and fix the
compensation][100].
Rule - 12. Grounds on which approval of site or permission to construct or reconstruct building may be rejected.
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:-
(i)
that the work or use of the site for the work or any particulars
comprised in the site plan, ground plan, elevations, sections 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
Architect, Engineer, Town Planner or Supervisor 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 Architect, Engineer, Town Planner or Supervisor 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 utilising, 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 Municipality; and
(vii)
that the land is under acquisition proceedings.
Rule - 13. 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 12 and intimate the same
to the applicant.
Rule - 14. 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 12 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 13.
Rule - 15. Reference to council where the Secretary delays to grant or refuse to approve or permit.
(1)
The Council 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 Council does not, within one month 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 thereunder.
[101][Provided
that such execution of work shall be considered as duly permitted and not one
for regularisation 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]
Rule - [15A.
Extension and renewal of periods of permits.
(1)
A development permit or a building permit issued under these rules
shall be valid for three years from the date of issue.
(2)
The Secretary shall, on application submitted within the valid
period of the permit, grant extension twice, for further periods of three years
each.
(3)
The fee for extension of period of permits shall be ten per cent
of the development permit fee or building permit fee, [102][excluding
the fee for additional Floor Area Ratio] as the case may be, in force at the
time of granting extension.
[103][(4) The Secretary
may, if he deems fit, grant renewal for a period of three 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 9 years:
Provided that in case the permits
need to be extended/renewed beyond the period of nine years, the applicant
shall submit an application in writing to the Committee constituted under
Chapter X-A of these Rules and the committee may, after having satisfied with
the genuineness of the application, recommend for extension or renewal of the
permit, as the case may be, with or without condition(s) as it deems fit.]
(5) The fee for renewal of permits shall be fifty
per cent of the development permit fee or building permit fee, as the case may
be, in force at the time of 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.
(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 before or after the commencement of the Kerala Municipality Building
Rules, 1999 or these rules or under the Kerala Building Rules, 1984 including
that under the orders of Government or District Collector 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 a
permit issued before the commencement of the Kerala Municipality Building
Rules, 1999 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 nine years.
(11) The application for extension or renewal of a
development permit or a building permit shall be signed and submitted by the
original owner of the permit or his legal heir to whom the site devolves or
legally authorised representative and in case the plot concerned has been
transferred by the original owner, the transferee or his legally authorised
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 21 has been fully complied with.][104]
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 permit
was issued by mistake or that a patent error has crept in it 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 sufficient opportunity to
explain and the explanation shall be duly considered by the Secretary.
CHAPTER III ACTION AGAINST UNAUTHORISED CONSTRUCTIONS
Rule - 17. 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 during the execution of any development or
redevelopment of land or construction or reconstruction or alteration of any
building, submit revised plans and drawings showing the deviation and obtain
revised permit:
Provided that no permit is
necessary for effecting minor deviations such as shifting the position of
access to plots in the case of layouts 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 further 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-
(a)
is not in accordance with the plans or specifications approved;
(b)
is in contravention of any of the provisions of the Act, these
rules, bye-law or declaration made thereunder;
he may, by notice, require the
person for whom such work is done-
(i)
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
(ii)
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 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
other cases, by order confirm or modify the notice.
Rule - 18. Demolition or alteration of work unlawfully commenced, carried on or completed.
(1)
Where the Secretary is satisfied-
(i)
that the construction, reconstruction or alteration of any
building or digging of any well-
(a)
has been commenced without obtaining the permission of the
Secretary or in contravention of the decision of the Council; or
(b)
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
(c)
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
(ii)
that any alteration required by notice issued regarding deviation
has not been duly made; or
(iii)
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 building 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) on 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)
Where the owner or the person for whom the work is done fails to
show cause to the satisfaction of the Secretary, the Secretary may confirm the
order or modify the same to such extent as he may think fit to make, and such
order shall then be binding on the owner or the person for whom the work is
done and on the failure to comply with the order, the Secretary may himself
cause the building or part thereof demolished or the well dismantled, as the
case may be, and the expenses thereof shall be recoverable from the owner or
such person:
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 [105][has
been regularised] 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 [106][made
by any person aggrieved] after examining the records and [107][x x x]
hearing the applicant and or the person who has carried out the construction or
reconstruction or [108][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 [109][alteration
or addition of the building or 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 [110][revoke
the permit and or stop the work and or required to modify the construction and
or] demolish the construction or reconstruction or [111][alteration
or addition or fill up the well within a period] to be specified in that
direction. [112][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) [113][to
demolish a construction or reconstruction or alteration or addition or fill up
the well] within the period specified therein, make necessary
arrangements [114][for
the same] and may recover the expenses from the Municipality concerned.
Rule - 19. 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 byelaw made
thereunder or any lawful direction or requisition given or made under the Act
or these rules or byelaws made thereunder, 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.
(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,
the 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
Municipality to watch the premises in order to ensure that the erection of the
building or the 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.
Rule - 20. Duties and responsibilities of the owner.
(1)
The granting of the permit or the approval of the drawings and
specifications or inspections made by the Secretary during the [115][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 shall,-
(a)
permit the Secretary or any person authorised by [116][the
Secretary or by the Government] for this purpose to enter the plot or building
or premises [117][x x x]
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;
(d)
give notice to the Secretary of the intention to start work in the
form Appendix D;
[118][(e) x x
x]
(f) give written notice to the Secretary
regarding completion of work in the form in Appendix E; and
(g) obtain a development certificate from the
Secretary prior to any sale or transaction of the plot subdivision or building
construction in developed or redeveloped plots as given in Appendix G 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 [119][Appendix
H].
(3)
Every owner shall, as soon as any development or redevelopment of
land or construction or reconstruction or addition or alteration of building is
completed, remove alt 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.
(4)
Every owner 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 produce before the Secretary or any officer
authorised by him for inspection on demand.
(5)
Every owner shall display the permit number in the site in a
visible place in a visible manner.
(6)
Every owner shall take adequate safety precautions at all stages
of construction or reconstruction or addition or alteration or repair [120][or
demolition] or removal of the various parts of the building for safeguarding
the life of workers and public against hazards consequent on any [121][aspects
of the work].
(7)
Every owner shall ensure that all protective works carried out to
safeguard the adjoining properties, during construction are sufficient and in
good order to ensure safety.
[122][(7a) The
owner and or developer shall also comply with the provisions contained in
sub-rule (1a) of Rule 5 and sub-rule (1a) of rule 7 wherever applicable. In
addition, in 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.
Where, 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 taken against any undesirable effect.
[123][xxx]
[124][(7c) 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 the copy of such agreement by which the owner authorises 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.]
(7d)
Every owner and developer shall include the following details as part of all
advertisements through [125][x x x]
website [126][x
x x] pertaining to the building and or land development:
(i)
name and address of the owner and developer;
(ii)
number and date of layout approval and or approval of usage of
plot and layout of building wherever applicable;
(iii)
number and date of the development and of building permits;
(iv)
name of the Local Self Government Institution issuing the permits;
(v)
date till which the building permit is valid;
(vi)
number of floors permitted;
(vii)
conditions if any stipulated in the permits;
(viii) following
details shall be furnished as against the respective provisions of the rules;
(a)
coverage and FAR of the construction;
(b)
area of recreational space inside and outside the building with
area in the case of apartment houses/flats under Group A1 occupancy;
(c)
number of parking and loading and unloading spaces and area earmarked
for such spaces;
(d)
minimum width of access to the site and building;
(ix)
any other occupancy other than Group Al-Residential in the case of
apartment houses/flats, with details of floor area of such occupancy:
[127][x x x]
[128][(7e) 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 (i) to (vi) in sub rule (7d) of
rule 20 and the address of the website carrying details under sub rule (7d) of
rule 20.
(7f) The Secretary may also publish the details of
the permits issued in the website of the municipality as required under Section
517B(3) of the Kerala Municipality Act, 1994.
(7g) if
any such advertisements are made in contravention to sub rules (7d), (7e) and
(7f) of this rule, the Secretary or the Government may interfere in the
matter.]
(8)
Every owner 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.
Rule - 21. Transfer of plots to be intimated.
(1)
Every person holding development 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 affixed with necessary court fee stamp, together with
document regarding the ownership and possession certificate and fee of Rs. 25.
(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 the work, within 15 days from the date of receipt of the request.
Rule - 22. Completion certificate, development certificate and occupancy certificate.
(1)
Every owner shall, on completion of the 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 E:
Provided that in the case of
buildings, other than [129][single
residential units up to two floors with total floor area not exceeding 150 sq.
meters] the completion certificate shall be certified and signed by the owner
and registered Architect or Engineer or Supervisor also as in Appendix F.
(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 G, 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.
(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 H [130][not
later than fifteen days from the date of receipt of the completion
certificate]:
[131][Provided
that, in case there is deficiency as per the 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 383A of the Kerala
Municipality Act, 1994 and rule 117 of these Rules, the Secretary may allow a
tolerance upto 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].
(4)
The owner of a building may if he intends to occupy the building
before its completion, apply to the Secretary for that purpose and the
Secretary shall, on being satisfied that such occupancy will not endanger life
issue occupancy certificate in respect of the completed part.
CHAPTER IV GENERAL PROVISIONS
REGARDING SITE AND BUILDING REQUIREMENTS
Rule - 23. 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 therefrom 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
liable to flood or on a slop 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 town planning scheme 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 [132][for
providing] sewers, sanitation, water supply or other public services.
(4)
Any land development or
redevelopment or building construction or reconstruction in any area notified
by the Government of India as a coastal regulation zone under the Environment
(Protection) Act, 1986 (29 of 1986) and rules made thereunder shall be subject
to the restrictions contained in the said notification as amended from time to
time.
[133][(4a) In the Buildings and
Construction projects having built-up area not less than 20,000 sq. metres and
other activities as specified in the schedule to the Notification No. S.O.
1533(E) dated the 14th September, 2006 and amendments thereto, issued by the
Ministry of Environment and Forests, Government of India require prior
environmental clearance from the State Level Environment Impact Assessment
Authority (SEIAA) Kerala/Ministry of Environment and Forests, the Local Self
Government Institution shall not issue permit without ensuring a valid prior environmental
clearance.]
(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 I
below [134][and
as specified in the Indian Electricity Rules as amended from time to time].
[135][Provided that single storied building
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 authorised by him, before issue of permit;]
TABLE I
CLEARANCE FROM OVERHEAD
ELECTRIC LINES
SI. No. |
Type of Electric Supply Line |
Vertical clearance in metres |
orizontal clearance in metres |
(1) |
(2) |
(3) |
(4) |
1. |
Low and medium voltage lines |
2.4 |
1.2 |
2. |
High Voltage lines upto and including 33,000
volts |
3.7 |
1.85 |
3. |
Extra high voltage lines excluding 33,000
volts |
3.7 |
1.85 |
|
|
plus 0.3 m for every additional 33,000 volts or
part thereof |
plus 0.3 m for every additional 33,000 volts or parts
thereof |
[136][(6) xxx]
Rule - 24. Exterior and interior open air spaces.
(1)
Every room intended for
human habitation shall abut on an exterior 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 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 where the
buildings may be constructed subject to the conditions regarding floor area
ratio, coverage, access, light and ventilation, etc. for the whole plot,
distance in between the various blocks within this area shall be minimum 2
metres for buildings upto 10 metres height and 3 metres exceeding that height.
(3)
Every building upto 10
metres in height shall have a minimum front yard of 3 metres depth:
[137][Provided that where 3 metres depth
cannot be maintained laterally throughout due to the peculiar shape of the
plot, it shall suffice if the mean depth is not less than 3 metres with minimum
depth at all points not less than 1.80 metres;]
(4)
Every building upto 10
metres in height shall have a minimum rear yard of 2 metres depth:
[138][Provided that where 2 metres depth
cannot be maintained laterally throughout due to the peculiar shape of the
plot, it shall suffice if the mean depth is not less than 2 metres with minimum
depth at all point not less than 1.00 metre:
Provided further that in the case of
buildings upto 7 metres height, it shall suffice if the mean depth is not less
than 1.50 metres with minimum depth to at all points not less than 1.00 metre:
Provided further that in the case of
buildings upto 7 metres height, the depth of rear yard may be reduced to not
less than 75 cms without any opening such as door and window on that side,
however ventilator opening may be made [139][above
a height of 2.10] metres from the corresponding floor level:
Provided also that in the case of
building upto 7 metres height the depth of rear yard may be reduced or even
abut the plot boundary without any manner of opening on that side, if the owner
of the plot on that side voluntarily agrees for the same in writing.]
[140][(5) Every building upto 10 metres in
height shall have a minimum side yard of 1.20 metres on one side and a minimum
of 1.00 meter on the other side:
Provided that in the case of building
upto 7 metres height, the depth of the side yard on one side may be reduced to
not less than 75 cms without any opening such as door and window on that side,
but however ventilator opening may be made [141][above
height of] 2.10 metres from the corresponding floor level, if the side yard on
the other side have a minimum of 1.20 metres:
Provided further that in the case of
building upto 7 metres height, the depth of side yard on one side other than
that having 1.20 metres may be reduced below 75 cms or even abut the plot
boundary without any manner of opening on that side, if the owner of the plot
on that side voluntarily agrees for the same in writing.]
(6) Any room intended for human habitation and not
abutting on either the front, rear or side open air spaces shall abut on an
interior open space whose width shall not be less than 2.4 metres:
[142][Provided that in the case of building
upto 7 metres height it shall be sufficient if such interior open space has a
minimum width of 1.5 metres;]
[143][(7) Sufficient land shall be kept
unpaved or sufficient opening shall be provided in the land to allow
percolation of rain water in the plot itself and rain water from a plot shall
be connected with public drainage system only in the case of plots with
impermeable soil;]
(8) For buildings above 10 metres in height, in
addition to the minimum front, rear and side open spaces required for height
upto 10 metres, there shall be provided [144][x x x]
increase in such minimum open space at the rate of 0.5 metre per every 3 metres
height [145][or
fraction thereof] exceeding 10 metres:
Provided that such additional set back
corresponding to increase in height [146][shall]
be provided for the whole building at ground level [147][x
x] [148][or
for the corresponding floors at their level].
[149][(9) xxx]
(10) No construction or hanging of any sort shall be
permitted to project outside the boundaries of the site.
(11) Every open space provided, either interior or
exterior shall be kept free from any erection thereon and shall be open to the
sky and only cornice, roof or whether shade not more than 0.60 metre width
shall overhang or project over the said open space so as to reduce the width to
less than the minimum required:
Provided that where the open space is
minimum 0.60 metre the cornice roof or whether shade shall be limited to 30
cms. and where the open space is less than 0.60 metre no projection whatsoever
shall be permitted:
[150][Provided further that where the open
space has minimum 1.50 metres, cornice roof or weather shade upto 75 cms shall
be permitted and increase in the width of cornice roof or weather shade shall
be permitted corresponding to increase in the open space:
Provided further that no door or
window shall be permitted if the open space on that portion is less than 1
metre:
Provided further that open stair or
flight of steps or ramps meant as access to upper or lower floors shall be
permitted in the open space if such stair, step or ramp has minimum 60 cms
distance from the boundaries:]
Provided also that the underneath of
the ramp shall not be enclosed however pillars may be permitted for its
support.
[151][(12) The front, rear and side
setbacks for constructions below the ground level (basement floor etc.) shall
be the same as that required for a 10 metre high building of the same occupancy
group constructed above ground level.]
Rule - 25. Minimum distance between central line of a street and building.
(1)
The minimum distance
between the central line of a street and any building other than a compound
wall or fence or outdoor display structure shall be [152][5.0]
metres and that between plot boundary abutting the street and building shall be
3 metres:
[153][Provided that in the case of
cul-de-sac of whatever width but not exceeding 250 metres length or pedestrian
lanes and streets upto average 3 metres width or internal roads and 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 2 metres for buildings upto 7 metres height irrespective of the
distance from the central line of the road to the building:
Provided further that in the case of
lanes not exceeding 75 metres 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 1.50 metres irrespective of the distance from the central
line of the lane.]
[154][x x x]
(2)
Any restriction under
street alignment or building line or both, if any, fixed for area and
restriction under any development plan [155][or any
detailed town planning scheme or approved road widening proposal] or any other
rules or byelaws shall also apply simultaneously to all buildings in addition
to the provisions contained in sub-rule (1).
(3)
The provisions contained
in sub-rules (1) and (2) shall apply invariably to all buildings where the
front, rear or side yard abuts a street or gain access through a street.
Rule - 26. Prohibition for constructions abutting public roads.
[156][x x] No person shall construct any
building other than compound wall within 3 metres from any plot boundary
abutting national highways, state highways or other roads notified by
Municipality:
[157][Provided that open ramps or bridges
or steps or similar structures with or without parapets or railings shall be
permitted as access from the street to the building within that 3 metres and
cornice roof or weather shade not exceeding 75 cms shall be permitted to
project from the building into such 3 metres.]
Rule - 26A. [Waste disposal.
There shall be provisions for safe
disposal of waste.][158]
Rule - 27. Developments including land sub-division and plot development for residential use.
All new developments including land
sub-divisions and plot developments shall be subject to the following namely:-
[159][(i) the area of any newly subdivided
plot, reconstituted plot or building plot shall be not less than 125 square
metres with an average width of 6.00 metres:
Provided that for row housing where
side open spaces are not required, it is sufficient if the plot has an average
width of 4.50 metres.]
(ii) every plot shall have a frontage of not less
than 4 metres on any abutting street;
(iii) every street in the [160][layout [161][x x]
shall have not less than 7.00 metres width and shall be motorable:
[162][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 5.00 metres width and in the case of
cul-de-sacs not exceeding 75 metres, it is sufficient if the street
(cul-de-sac) has not less than 3.00 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 be not less than 5.00 metres and where the length of
such street does not exceed 250 metres it is sufficient if the street has not
less than 3.00 metres width].
[163][(iii-a) The width of the street giving
access to the land proposed for subdivision from the main street shall be as
given in Table 1-A.
TABLE 1-A
WIDTH OF STREET
[As per rule 27(iii-a)]
Sl. No. |
Total extent of land |
Minimum width required (in metres) |
01 |
Upto 0.5 hectares and subdivided to 20 plots or
less. |
No minimum |
02 |
Upto 0.5 hectares and subdivided to more than 20
plots. |
3.00 |
03 |
More than 0.5 hectares upto 1
hectares |
3.60 |
04 |
More than 1 hectare upto 2
hectares |
5.00 |
05 |
More than 2 hectares |
6.00 |
(iv) when the area of the land under development
work, layout or sub-division [164](exceeding
ten plots)] is 50 ares or more, ten per cent 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;
(v) the recreational open space to be provided
under item (iv) 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 areas in area
with a minimum width of 6 metres;
(vi) the layout or sub-division proposal shall be
in conformity with the provisions of published or sanctioned development plan
for the area 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;
(vii) the street junctions shall be splayed or
rounded off to give sufficient turning radii and sight distance for vehicles
and the side of the splay shall be minimum of 4 metres for roads upto 10 metres
and shall be a minimum of 10 metres for roads exceeding 10 metres width as
shown in the figure below: [See next page]
(viii) in the case of layout or sub-division of land
having an area of two hectares or more a suitable plot for an electric
transformer shall be provided;
[165][(ix) In the case of layout for
subdivision of plots, where the number of residential plots exceeds 20,
approval of the District Town Planner shall be obtained if the area of the land
is above 0.5 hectare and upto 2 hectares and approval of the Chief Town Planner
shall be obtained if the area of land exceeds 2 hectares.];
(x) if the site forms part of approved layout,
copy of sub-division layout shall be enclosed along with the plans for
approval; and
(xi) adequate arrangements for surface water
drainage shall be provided.
[166][(xii) 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.]
Rule - 28. Development including land sub-division and plot development for mercantile (commercial) development.
All new developments including 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 cart or carriage 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)
no plot with a layout
proposed for commercial development shall be an area less than 60 Sq. metres.
(iv)
for every plot within a
layout for commercial development, the 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.
(vi)
the approval of the Chief
Town Planner or an officer authorised by him shall be obtained for the layout
of all new commercial streets and land sub-division exceeding five plots.
Rule - 29. Development including land sub-division and plot development for industrial development.
All new developments including 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 cart or carriage way giving
access to or through an organised industrial area with not less than six
constituent units, shall be minimum 10 metres:
Provided that in the case of small
industrial units or cul-de-sac not exceeding 150 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 extend with a width
of not less than 15 metres:
Provided that the minimum plot
requirement in item (ii) shall not apply to small industrial units.
(iii)
in industrial layouts a
place for installation of transformer shall be provided in consultation with
the Chief Electrical Inspector or an officer authorised by him;
(iv)
the approval of the Chief
Town Planner or an officer authorised by him shall be obtained for the layout
of industrial streets and land sub-division exceeding five plots;
Note:- For the purpose of these rules
small industrial unit means an industrial unit classified as such by Government
from time to time or an industrial unit not included in Schedule I of the
Factories Act, 1948.
(v)
the usage of plots
proposed for development or redevelopment shall be governed by the provisions
contained in the development plan or detailed town planning scheme prepared for
the locality:
Provided that where no such plan
exists, the usage of plots shall be as approved [167][by the
Chief Town Planner or an officer authorised by him].
CHAPTER V OCCUPANCY
Rule - 30. Occupancy of buildings.
(1)
The occupancy of any
building or part thereof shall be governed by the usage of plots proposed for
development or redevelopment according to the provisions contained in the
development plan or detailed town planning scheme prepared for the area.
(2)
All buildings, whether
existing or hereafter proposed, shall be classified, in one of the following
occupancies according to the use or character of occupancy, namely:-
Group A1 . . Residential
Group A2 . . Special Residential
Group B .. Educational
Group C . . Medical/Hospital
Group D . . Assembly
Group E . . Office/Business
[168][Group F] . . Mercantile/Commercial
Group G1 . . Industrial
Group G2 . . Small industrial
Group H . . Storage
[169][Group I (1) and Group I (2)]. .
Hazardous
Notes.- (i) Any building not
specifically covered by any of the occupancies under sub-rule (2) shall be in
the group which most nearly resembles its existing or proposed use.
(ii) Any building which accommodates
more than one use under sub-rule (2) shall be included under the most
restrictive group.
[170][(iii) The classification of buildings
into occupancy groups are only for the purpose of these rules. It has no
relation with the zoning regulations stipulated in Town Planning Schemes.]
(3)
The description of
occupancies are given below, namely:-
(a)
Group A1.-Residential
Building shall include any building in which sleeping accommodation is provided
for normal residential purposes, [171][with
or without cooking] and or dining facilities. They shall include one or
multifamily dwellings, apartment houses or residential flats. Small
professional offices or spaces for advocates, doctors, engineers, architects,
chartered accountants, beauticians, tailors, photographers, videographers,
telephone booth operator, computer professionals, typists, electrical or
electronic equipment service professionals, not exceeding [172][50 sq.
metres floor area] and used as part of principal residential occupancy are also
included in this group. [173][x x x]
(b)
Group A2.-Special
Residential building shall include all lodging or rooming houses, dormitories,
tourist homes, [174][tourist
resorts (or by whatever name called)] hostels [175][hotels [176][x x]
with or without conference halls, community halls, dining halls or assembly
rooms]. Creches, day care centres, children's nursery, reading rooms [177][libraries
and educational buildings not exceeding 150 sq. metres floor area are also
included in this group.]
[178][(c) Group B.-Educational building
shall include all educational buildings or part thereof, exceeding 150 sq.
metres floor area, used for school, college, institution, education and or
research.]
(d) Group C.-Medical or Hospital Building shall
include any building or part thereof exceeding 150 Sq. metres of built up area
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, convalescents or aged persons. Hospital, sanitoria, clinic, homes for
the aged and the infirm, convalescent homes, mental hospitals are included in
this group.
[179][(e) Group D.-Assembly building shall
include any building or part of a building exceeding [180][150
sq. metres] of total floor area where people, congregate or gather for
amusement, recreation, social, religious, patriotic, civil, travel and similar
purposes such as theatres, motion picture houses or cinemas, assembly halls for
educational, dramatic or theatrical presentations, auditoriums, 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.
(f) Group E.-Officer or business building shall
include any building or part of a building having a total floor area of more
than 300 sq. metres which is used for transaction of public or private business
or for accommodating offices of public or private agencies or for the keeping
of records, accounts and similar purposes. Local, State and Central Government
office buildings and buildings for office purposes constructed by private
sector and quasi government agencies and buildings for the use of defence,
court houses, public utility buildings, jails and prisons are included in this
group. [181][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., are also included in this occupancy group.]]
(g) [182][Group
F].-Mercantile or commercial building shall include any building or part of a
building which is used for display and sale of merchandise such as shops,
stores, markets, either wholesale or retail. Banking and financial
institutions, public and private business houses, professional establishment of
doctors, dentist, engineers, architects, lawyers, pathological laboratories,
tailor shops, video shops, barbershop, beauty parlours, news stands, milk
booths, restaurants and non-nuisance type of small establishments like armature
winding shops using power motor or machine of capacity not exceeding 3 horse
power are included in this group. [183][Further,
buildings or part of buildings used exclusively for parking of vehicles
(parking buildings, parking plazas etc.) are also included in this group.]
Notes.-[184][(1)
Any building with not more than 150 sq. metres built up area accommodating the
use under [185][Group
C and D] and with not more than 300 sq. metres built up area accommodating the
use under Groups [186][x], E
and H shall be included in Group F.]
(2) Minor merchandising operations in
buildings primarily meant for other uses shall be covered by the group under
which the predominant occupancy is classified.
[187][(h) xxx]
[188][(i) Group G1.-Industrial building
shall include any building or part thereof where products or materials of all
kinds and properties are fabricated, assembled or processed. It includes
workshops, assembly plants, laboratories, dry cleaning plants, power plants,
pumping stations, smoke houses, laundries, gas plants, refineries, dairies, saw
mills, and the like.
(j) Group G.-Small industrial building shall
include any building or part thereof where products or materials of all kinds
and properties are fabricated, assembled or processed by a small scale
industrial unit.
Note.- Small scale industrial unit
means an industrial unit carrying on small scale industry classified as such by
government from time to time for this purpose but does not include an industry
included in schedule I of the Factories Act, 1948.
(k) 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, store houses, garages, hangers, 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.]
(l) Group I (1).-Hazardous building shall include
any building or part of a building which is used for purposes which create air
and sound pollution of minor nature and or producing effluents which does not
cause very adverse environmental effects. Automobile wash stalls, automobile
service stations, service garages with repairing facilities, welding
workshops [189][and
PVC pipe manufacturing units through injection/extrusion moulding] are included
in this group. Poultry farms with more than [190][x x]
20 hens or ducks, dairy with more than [191][x x] 6
cattle, kennel with more than [192][x x] 6
dogs are also included in this group.
(m) Group I(2).-Hazardous building shall include
any building or part of a building which is used for the storage, handling,
manufacturing or processing of highly combustible, explosive, poisonous,
irritant, corrosive, toxic or noxious materials or products or any products or
materials producing dust. They shall include [193][buildings
and yards used for],-
(i)
[194][x x] storage under pressure of more
than 1 Kg/cm2 and in quantities exceeding 70 m3 of acetylene, hydrogen
illuminating and natural gases, ammonia, chlorine, phosgene, sulphur dioxide,
methyl oxide and all gases subject to explosion, fumes or toxic hazard;
(ii)
storage and handling of
hazardous and highly inflammable liquids;
(iii)
storage and handling of
hazardous and highly inflammable or explosive materials other than liquids, gas
bottling plants, petrol and diesel storage tanks;
(iv)
manufacture of plastic
goods, [195][other
than PVC pipe manufacturing units through injection/extrusion moulding]
synthetic leather, ammunition, explosives and fire works;
(v)
crematoria, burial
grounds, garbage dumping yards, abattoirs (slaughter houses), sewerage
treatment plants, 7[stone crusher units] [196][automobile
fuel] filling stations, coal, wood and timber yards with saw mills.
[197][x x x x]
Rule - 31. Coverage and floor area ratio.
(1)
[198]The maximum percentage of coverage
permissible for each occupancy shall limit the [199][maximum
area at any floor of a building.] The floor area ratio value shall limit the
maximum buildable total floor area. Floor area ratio i.e., F.A.R. shall be
calculated as shown below:
F.A.R. = Total floor area on all
floors/Plot area
(2)
The percentage of coverage
and the F.A.R. value of building under different occupancies shall not exceed
the maximum specified in Table 2 below, [see next page]
[200][TABLE 2
COVERAGE AND FLOOR AREA
RATIO (F.A.R.)
Maximum permissible FAR |
||||
Sl. No. |
Occupancy |
Maximum permissible coverage (Percentage of plot
area) |
Without additional fee |
with additional fee at the rate of? 3000 per Sq.
meters of additional floor area |
(1) |
(2) |
(3) |
(4) |
(5) |
1. |
Residential A1 |
65 |
3 |
4.0 |
2. |
Special Residential A2 |
65 |
2.5 |
4 |
3. |
Educational B |
35 |
2.5 |
3 |
4. |
Medical/Hospital C |
40 |
2.0 |
3 |
5. |
Assembly D |
40 |
1.5 |
2.5 |
6. |
Office/Business E |
40 |
2 |
3 |
7. |
Mercantile/Commercial F |
65 |
2.5 |
4 |
8. |
Industrial G1 |
40 |
1.5 |
- |
9. |
Small Industrial G2 |
60 |
2.5 |
3 |
10. |
Storage H |
70 |
2.5 |
3 |
11. |
Hazardous I(1) |
30 |
1.0 |
- |
12. |
Hazardous I(2) |
25 |
0.70 |
- |
Note:- [201][(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 area covered by the building at any floor [202][above
ground level] after accounting for the exterior open spaces (front, sides and
rear) and interior open spaces.]
[203][(ia) For apartment houses/flats under
Group A1-Residential occupancy by Government or Quasi Government agencies aimed
at housing economically weaker sections and/or Lower Income Groups and/or
Middle Income Groups, a maximum F.A.R. of 5 shall be permitted without
additional fee, if floor area of each and every dwelling unit in it is less
than 100 sq. metres. Classification of the 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 X-A of these Rules].
[204][(ii) In the case of a
building/building complex which accommodates more than one occupancy from among
the groups A1- Residential, A2-Special Residential, D-Assembly, E-Office or
Business and F-Mercantile/Commercial, the maximum permissible Floor Area Ratio
and Coverage shall be the weighted average of the Floor Area Ratio and Coverage
under the respective occupancies in Table 2, if the plot has an area more than
0.5 hectares.
Provided that, if the plot area is
upto 0.5 hectares, the Floor Area Ratio and Coverage shall be that of the most
restrictive occupancy.]
[205][(iii) In the case of Government Owned
Information Technology Parks, [206][Government
approved private Information Technology Parks] under Group E occupancy, the
maximum permissible FAR shall be [207][4] and
the maximum permissible coverage shall be 40%. The additional fee prescribed in
Table 2 shall not be applicable in such cases.
(iv) The additional fee for maximum
permissible FAR as specified in column (5) [208][x x]
of Table 2 may be reviewed and refixed by the Government at an interval of not
less than 3 years.]
[209][x x x]
NOTES
The four storied building put up by
the appellant was in violation of several provisions contained in Rules, 1999.
However, the Government had regularised the above construction after imposing
certain conditions. It was thereafter that the appellant had applied for yet
another building permit to put up a three storied structure in the parking area
earmarked for the four storied building. Therefore, as rightly noticed by the
learned Single Judge, if the present request for regularisation of the
subsequent construction made by the appellant (albeit only a ground floor), is
allowed, such regularisation will be in gross violation of R. 30 and 31 of the
Kerala Building Rules. - Lazer Robert T. v. C.M. Mohammed Sheriff and Others -
2008 (4) KHC 1016.
Rule - 32. Height of buildings.
[210][(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 [211][[212][2]
times the width of the street abutting the plot plus [213][2]
times the width of the yard] from the building to the abutting street and this
height may further be increased proportionately at the rate of 3 metres for
every 50 cms. by which the building or the corresponding portion or floor of
the building is set back from the building line;
(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:
Provided further that appurtenant roof
structures like staircase tower, over head tanks, air conditioning rooms, lift
rooms, cellular telecommunication equipment, or tower structures, cabin-rooms,
chimneys, parapet walls and similar roof structures other than pent houses
shall not be included in the height of the building for the purpose of this
rule:
Provided also that architectural
features serving no other function except that of decoration shall not be
included in the height of the building for the purpose of this rule.]
[214][(2) For buildings, structures and
installations in the vicinity of airports, the stipulations with regard to
height shall be further limited subject to any notification as may be issued by
the Government of India under the Aircrafts Act, 1934.]
[215][(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 (6B) of rule 5 and/or sub rule (6B) of rule 7, 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.]
Rule - 33. Access.
(1)
The minimum clear width of
access to a building and plot as well as the width of the street giving access
to the plot from the main street shall be as shown in [216][Table
4.1, Table 4.2 [217][x x]
unless otherwise specifically mentioned elsewhere in these rules.]
[218][TABLE 4.1
ACCESS FOR GROUP A1
OCCUPANCY
Sl. No. |
Occupancy |
Total floor area of buildings in sq.
meters |
Minimum width of access required in meters |
(1) |
(2) |
(3) |
(4) |
1(a) |
Group A1 Occupancy with total floor area upto 600
sq. meters |
Upto 300; Single unit Upto 300; Multiple unit above
300 upto 600 |
No minimum 1.2 2 |
1(b) |
Group A1 |
Above 600 upto 1000 |
3 |
|
Occupancy with |
Above 1000 upto 4000 |
3.6 |
|
total floor area |
Above 4000 upto 8000 |
5 |
|
above 600 sq. meters |
Above 8000 upto 18000 |
6 |
|
|
Above 18000 upto 24000 |
7 |
|
|
Above 24000 |
10 |
TABLE 4.2
ACCESS FOR OTHER OCCUPANCY
GROUPS
Sl. No. |
Occupancy |
Total floor area of buildings in sq.
meters |
Minimum width of access required in meters |
(1) |
(2) |
(3) |
(4) |
1 |
Any other occupancy Upto |
300 |
1.2 |
|
|
Above 300-1500 |
3.6 |
|
|
Above 1500-6000 |
5 |
|
|
Above 6000-12000 |
6 |
|
|
Above 12000 -18000 |
7 |
|
|
Above 18000 |
10 |
Note.In the case of [219][occupancies
mentioned in Tables 4.1 and 4.2], the most restrictive criteria among the
column (3) and (4) shall be considered for fixing the minimum width of access
in column (5).
[220][XXX]
[221][Provided 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 floor area of all the building put together in
the plot prior to carrying out such works.]
[222][Provided further that in the case of
all existing schools upto the level of Higher Secondary, including Vocational
Higher Secondary, if the total floor area of the construction(s) including
existing and the proposed, does not exceed 5000 sq. metres, 3.6 m access shall
be sufficient].
[223][Provided [224][further]
that wherever off street parking is required for the buildings as per these
rules, motorable access width shall be provided to the plot]:
Provided further that the access width
of any building shall be modified to be in accordance with the provisions in
any detailed development plan for the area.
[225][Provided further that, in the case
of [226][buildings]
having multiple occupancy, the whole building shall be treated as being
occupied by the most restrictive occupancy for arriving the access width:
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.]
(2)
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.
(3)
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.
(4)
No building shall be constructed
so as to deprive any other building of an existing access.
(5)
The space set apart as
access shall be separately distinguishable from any house gully or open space
required to be provided under any other rule.
(6)
Every access shall be
drained and lighted to the satisfaction of the Secretary and man-hole 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.
[227][(7) 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.
(c)
Approval shall be obtained
from the Fire and Rescue Department].
Rule - 34. [Parking, loading and unloading spaces.
(1)
Area of each off-street
parking space provided for parking motor cars shall be not less than 15 sq.
metres (5.5 metres x 2.7 metres). The area requirements for each off-street
parking space for parking two-wheelers (other than cycles) and cycles shall be
3 sq. metre and 1.5 sq. metres respectively.
(2)
For buildings of different
occupancies, off-street parking spaces for motor cars shall be provided within
the plot as specified in Table 5.1 and 5.2 as the case be.
[228][TABLE 5.1
OFF-STREET PARKING SPACE
FOR GROUP-A1 APARTMENT HOUSES/FLATS
Carpet Area Per Dwelling Unit |
Off-street Parking Spaces at the rate of |
Upto 60 sq. meters |
1 for every 3 dwelling units |
Above 60 sq. metres upto 150 sq. metres |
1 for every dwelling unit |
Above 150 sq. metres upto 250 sq.
metres |
1.5 for every dwelling unit |
Above 250 sq. metres |
2 for every dwelling unit] |
Note:- Fractions if any in the total
number of parkings worked out shall be rounded off to the next whole number.][229]
TABLE 5.2
OFF-STREET PARKING SPACE
FOR OCCUPANCIES OTHER THAN GROUP A1-APARTMENT HOUSES/FLATS
Sl. No. |
Occupancy |
One parking space for every or fraction of |
(1) |
(2) |
(3) |
1 |
Group A2-Special residential Lodging and rooming houses,
Tourist homes and hostels, Dormitories etc. without any attached eating
facility such as restaurant, Canteen, Cafeteria mess or
dining |
(i) Rooms with attached bath and WC (a) 4 rooms (with each room upto 12 sq. metres of carpet
area) (b) 2.5 rooms (with each room upto 12 sq. metres and upto
20 sq. metres carpet area) (c) 1.5 rooms (with each room above 20 sq. metres of
carpet area) (ii) Rooms without attached bath and WC (a) 9 rooms (with each room up to 5 sq. metres of carpet
area) (b) 6 rooms (with each room above 5 sq. metres and up to
12 sq. metres carpet area) (c) 3 rooms (with each room above 12 sq. metres of carpet
area) Note: Parking space at the rate of one for every 20 sq.
metres carpet area of dining spaces or 10 seats of dining accommodation shall
be provided in addition to the above, in the case of special residential
buildings attached with eating facility. |
2. |
Group BEducational |
|
|
(i) High Schools, Higher Secondary Schools, Junior
Technical Schools, Industrial Training Institutes etc. |
(i) 250 sq. metres of carpet area |
|
(ii) Higher Education Institutions |
(ii) 100 sq. metres of carpet area |
3. |
Group C-Medical/Hospital |
75 sq. metres of carpet area |
4. |
Group D-Assembly |
[230][15]
seats of accommodation. Note: In the case of wedding halls andcommunity halls,
for calculating the carpet area or seating accommodation, for the purpose of
parking area, the carpet area of either the auditorium or the dining hall,
whichever is higher, alone need be taken. (ii) for the purpose of this rule 1.50 sq. metres carpet
area shall be considered as one seating accommodation |
5. |
Group EBusiness/Office Building |
75 sq. metres of carpet area for buildings having
total carpet area upto 1000 sq. metres and 50 sq. metres of carpet area for
the total carpet area in excess of 1000 sq. metres. |
6. |
Group FMercantile/Commercial building exceeding 75
sq. metres of carpet area |
75 sq. metres of carpet area for buildings having
total carpet area upto 1000 sq. metres and 50 sq. metres of carpet area for
the total carpet area in excess of 1000 sq. metres. |
7. |
Group G1Industrial Building |
200 sq. metres of carpet area. |
8. |
Group G2Small Industrial |
200 sq. metres of carpet area. |
9. |
Group HStorage |
200 sq. metres of carpet area. |
Provided that in the case of
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 5.1 and 5.2 for the respective
occupancies:
Provided further that, in the case of
Government Owned Information Technology 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 40 sq. metres
of carpet area or fraction thereof.
(3)
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.
(4)
Wherever any off-street
parking space is required under these rules, 25% of what area shall be provided
additionally for parking two-wheelers.
(5)
In the case of apartment
houses/flats, [231][15%]
of mandatory off-street parking space as in Table 5.1 shall be provided additionally,
earmarked and maintained exclusively to accommodate visitors' parking.
(6)
In addition to the parking
space as in Table 5.2, in the case of Group F-Mercantile or Commercial, Group
G1-Industrial and Group G2-small Industrial 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 floor area or
fraction thereof, exceeding the first 700 sq metres of floor area.
(7)
Not exceeding fifty per
cent of the mandatory open yard (space) shall be taken into account for
calculating the required parking space if such open yard (space) has adequate
vehicular access and area for maneuvering.
(8)
The minimum mandatory open
spaces around any building(s) as per these rules shall not be sold or let out
for parking of vehicles.]
[232][(9) Of the mandatory off-street car
parking requirement as per these Rules, fifty per cent at the maximum may be
provided for mechanised parking, on condition that the owner/occupant shall ensure
proper safety, structural stability and functioning of such mechanised parking
system at all times].
NOTES
Adverting to Rule 2(bm),
"road" means everything stated therein, including a road which is
existing or proposed in any scheme. While no modification is sought for in the
floor area ratio, it has to be noted that the provision for parking area can be
anywhere within the plot. That need not necessarily be within the plinth of the
building. Rule 2(bg) defines 'plot' to mean a parcel or piece of land enclosed
by definite boundaries. Therefore, it is sufficient that parking space is
provided within the plot. In that view of the matter, the FAR of the buildings,
as covered by the building permit issued already, has no bearing on the
determination of the question as to whether the land available with the
petitioners within the plot could be utilised for the purpose of parking space
in terms of Rule 34(2) of the KMBR. - Santha V.M. and Others v. Kozhikode
Corporation - 2009 (4) KHC 70.
Parking space Usage of land not shown in the plan Floor area ratio of the building, as covered
by the building permit, has no bearing on the determination of the question as
to whether the land available within the plot could be utilised for the purpose
of parking space Santha V.M. and Others
v. Kozhikode Corporation 2009 (4) KHC 70
: 2009 (4) KLT 150 : ILR 2009 (4) Ker. 159.
CHAPTER VI PARTS OF BUILDING
Rule - 35. Mezzanine floor.
(1)
The floor area of
mezzanine floor shall not exceed one third area of the main floor or room
accommodating the mezzanine floor.
(2)
The headroom measured from
the surface of the floor to any point on the underside of the mezzanine floor
shall not be less than 2.2 mts.
Rule - 36. [Height of room.
The height of room in a building other
than residential occupancy [233][and
livestock/poultry farm under Group 1(1) hazardous occupancy] shall be not less
than 3.00 metres:
Provided that in the case of air
conditioned rooms it shall be not less than 2.4 metres][234].
[235][Provided further that, in the case of
floors exclusively used for the parking of cars and two wheelers, it shall not
be less than 2.2 metres].
Rule - 37. Water closet.
Every building shall be provided with
at least one water closet.
Rule - 38. Size of bathroom and latrine.
(1)
The area of bathroom shall
not be less than 1.50 sq. m. with either side not less than 1.1 m, carpet area
of a latrine shall not be less than 1.10 square 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 square metres with one side not
less than 1.1 metres:
[236][(2) The height of bathroom or latrine
shall be not less than 2.20 metres.]
Rule - 39. Staircases.
(1)
Any building having more
than four floors including basement or sunken floors, shall have at least two
staircases, one of which may be an external stairway:
Provided that when the second
staircase provided as external stairway conforms to the provisions of fire
escape staircase, a separate fire escape stair need not be provided.
Note:- An external stair is one which
is connected to public areas and/or common areas on all floors and leads
directly to ground, has at least two sides abutting external wall, these two
sides being provided as open or with break open glass and has landing areas
accessible from the external side or an external stair which is wholly open and
removed from the main building, [237][such
an external stair shall be removed] and away from the main stairway.
(2)
The minimum width of stair
shall be not less than 1.20 metres [238][x x]
(3)
The minimum width of tread
shall be 30 cms. [239][x x]
(4)
The height of riser shall
not exceed 15 cms. [240][x x]
(5)
The height of handrail
shall be not less than 90 cms.
(6)
The width of passages
giving access to the staircase in any building shall not at any point, be less
than the width of the stair.
Rule - 40. 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 - 40A. [Facilities for persons with disabilities.
All buildings under occupancy groups
A2, B, C, D, E and F which have access to the public and all apartment
buildings/residential flats under occupancy group A1 shall be provided with the
following facilities for persons with disabilities:
(1)
Every such building shall
have easy access to the main entrance through a ramp.
(2)
Every public building
exceeding 1000 sq. m. and residential flats exceeding 2500 sq. m. built up area
shall have lift or separate approach through a ramp (intended for persons with
disabilities) to each floor:
Provided that, the entrance door width
for such lifts shall not be less than 90 cm.
(3)
The maximum gradient of
any ramp approach intended for the persons with disabilities 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. The slope
of all such ramps shall be constant within a building.
(4)
Toilets. A minimum of one special
water closet shall be provided for the use of persons with disabilities with
essential provision of a washbasin at an easily accessible location with proper
signages:
Provided that in the case of such
special toilets;
[241][(a) they shall be provided at the
ground floor for A1, A2, B, C, D, E & F occupancies and at every floor in
multiples of three for A2, B, C, D, E, & F 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 5 cm. clearance from the wall shall be provided in the toilet;
(e) the water closet seat shall be 50cm. above
from the floor level;
(f) at least once sink in each floor shall have a
knee room of 70 cm. 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)
Surface parking for 3% of
the required parking in Corporation area and 2% of the required parking in
Municipal area subject to a minimum of one car space, shall be provided near
the entrance, exclusively for the persons with disabilities with maximum travel
distance of 30 meters from the building entrance;
(b)
The width of such parking
bay shall be minimum of 3.6 meters.
(6)
Walks and paths:
(a)
Walks shall be smooth with
hand 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 12 mm. in
width;
(b)
The walkway shall not
cross vehicular traffic.
(7)
In group A2 Special
Residential occupancies one room for every 25 rooms or part thereof shall be
set apart for the persons with disabilities.
(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)
Appropriate signages shall
be provided at salient locations for facilitating the persons with
disabilities.][242]
Rule - 41. 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.
Rule - 42. Fire escape staircase.
(1)
Fire escape staircase
shall be provided for every buildings of,-
(a)
residential occupancies
exceeding three storeys above ground level;
(b)
occupancies other than
residential exceeding two storeys above ground level.
(2)
The width of fire escape
staircase shall be not less than 75 cm, the width of fire escape stair tread
shall be not less than 15 cm, the height of the fire escape stair riser shall
not exceed 19 cms, and the number of riser shall not exceed 16 per flight of
stairs.
(3)
The height of handrail of
a fire escape staircase shall not be less than 100 cms.
(4)
Fire escape stair shall be
constructed only in the exterior of the building and shall be connected
directly to the ground.
(5)
Fire escape stairs shall
have a straight flight.
(6)
Entrance to fire escape
staircase shall be separated and removed from internal staircase.
Rule - 43. [Travel distance to emergency exit.
(1)
Every building meant for
human occupancy shall be provided with emergency exits sufficient to facilitate
safe escape of occupants in case of fire or other emergencies.
(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 exits may be either
horizontal or vertical.
(4)
Emergency exits 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 exit
leading to an adjoining building at the same level:
Provided that lifts and escalators
shall not be considered as emergency exits][243].
Rule - 44. Fire Protection requirements.
All requirements in respect of fire
protection shall be as in Part IV, Fire Protection in National Building Code of
India, 1983 and amendment No. 3 under Fire Protection Annexure II.
Rule - 45. Exit width.
(1)
The unit of exit width
used to measure the capacity of any exit shall be 50 cms., a clear width of 25
cms. shall be counted as an additional half unit and clear width less than 25
cms. shall not be counted for exit width.
(2)
Occupants per unit exit
width shall be as in Table 6.
TABLE 6
OCCUPANTS PER UNIT EXIT
WIDTH
Sl. No. |
Group of occupancy |
No. of Occupants per unit exit width of Stairway |
Doors |
(1) |
(2) |
(3) |
(4) |
1. |
Group A1 Residential |
25 |
75 |
2. |
Group A2 Special Residential |
50 |
75 |
3. |
Group B Educational |
25 |
75 |
4. |
Group C Medical/Hospital |
25 |
75 |
5. |
Group D Assembly |
60 |
90 |
6. |
Group E |
50 |
75 |
7. |
Group F Mercantile (Commercial) |
50 |
75 |
8. |
Group G1 Industrial |
50 |
75 |
9. |
Group G2 Small Industrial |
50 |
75 |
10. |
Group H Storage (including Ware
housing) |
50 |
75 |
11. |
Group I Hazardous |
25 |
40 |
(3)
For determining the exit
required, the number of persons in any floor area or the occupant load shall be
based on the actual number of occupants but in no case less than that specified
in Table 7.
TABLE 7
OCCUPANT LOAD
Sl. No. |
Group of occupancy |
Occupant Load (gross area in square metres per
person) |
(1) |
(2) |
(3) |
1. |
Group A1 Residential |
12.5 |
2. |
Group A2 Special Residential |
4.0 |
3. |
Group B Educational |
4.0 |
4. |
Group C Medical/Hospital |
15.0 |
5. |
Group D Assembly |
[244][1-5] |
6. |
Group E Office |
1.5 |
7. |
Group F Mercantile (Commercial) |
3 to 6 |
8. |
Group G Industrial |
10.0 |
9. |
Group G2 Small Industrial |
10.0 |
10. |
Group H Storage (including
Warehousing) |
30.0 |
11. |
Group I Hazardous |
10.0 |
(4)
Exits shall be either
horizontal or vertical type.
(5)
An exit may be a doorway
corridor or passageway to an internal staircase or external staircase, ramps to
the street or to the roof of a building; it may be a horizontal exit leading to
an adjoining building at the same level:
Provided that lifts and escalators
shall not be considered as exits.
Rule - 46. 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 cms in the case of residential and 1.2 metres in the case of all
other occupancies.
Rule - 47. Spiral stair fire escape.
(1)
The use of spiral
staircase shall be limited to low occupant load and buildings upto 9 metres in
height unless they are connected to platforms such as balconies and terraces to
allow easy exit.
(2)
A spiral staircase shall
be not less than 150 c.m. in diametre and shall be designed to give adequate
head room.
Rule - 48. Lift.
[245][(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
floor area or part there of in excess of the first 4000 square metres, or by
adopting the provisions in the National Building Code for calculating the
number of lifts, 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 provided conform to the provisions of the
National Building Code.]
(2) The planning, design and installation of lifts
shall be in accordance with Part VIII, Building services, Section 5, Lift,
Elevators and Escalators in National Building Code of India, 1983.
(3) Whenever more than one lift is required [246][as per
sub rule (1)] or byelaws made under the Act, at least one lift shall be a
higher capacity [247][lift
that can carry a stretcher.]
Rule - 49. 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 [248][as
provided in the National Building Code, 1983 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 [249][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 [250][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.
[251][(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 8.
TABLE 8 - SIZE OF AIR
SHAFT
Sl.No. |
No. of Storeys |
Area of the airshaft in Square
metre |
Minimum width of Airshaft in metre |
1 |
2 |
3 |
4 |
1. |
Upto 3 |
1.08 |
0.9 |
2. |
Upto 6 |
2.4 |
1.2 |
3. |
Upto 10 |
3.0 |
1.5 |
4. |
[252][Above
10] |
5.0 |
2.0 |
Rule - 50. [Recreation space.
(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.
[253][(2) The recreational space as per sub
rule (1) shall have not less than 6% of the total floor area of all the units
taken together. [254][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 out
side a building on the ground, [255][x x x]
shall be exclusive of parking areas, driveways and other utility areas. If
recreational space is partly provided on [256][any]
open terrace, [257][x x x]
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 [258][exits]
as per these rules.][259]
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.
[260][xxx]
Rule - 51. [Certain buildings exempted.
Family residential buildings with not
more than three floors shall be exempted from the provisions in this chapter.][261]
CHAPTER VII SPECIAL PROVISIONS FOR
CERTAIN OCCUPANCY BUILDINGS
Rule - 52. [Additional provisions to certain occupancy groups.
The provisions in rules 23 to 51 shall
apply to certain occupancy groups, subject to the additional provisions or
modifications contained in rules 53 to 59][262].
[263][xxx]
Rule - 53.[Group A1 and Group A2 Occupancies][264].
[265][(1) In the case of apartment
houses/flats under Group A1 occupancy, approval of the District Town Planner
shall be obtained for usage of plot and lay-out of buildings with total number
of dwelling units exceeding [266][75]
units, but upto [267][150]
units and approval of the Chief Town Planner shall be obtained for the usage of
plot and lay-out of buildings with total number of dwelling units
exceeding [268][150]
units.
Provided that, if the area is covered
under any Town Planning Scheme, the usage of plot shall conform to the
provisions contained in that scheme.]
(1a) In the case of group
A2 Special Residential occupancy, approval of the District Town Planner shall
be obtained for usage of plot and lay-out of buildings with total floor area exceeding [269][4000]
sq. metres, but up to [270][10000]
sq. metres and approval of the Chief Town Planner shall be obtained for the
usage of plot and lay-out of buildings with total floor area exceeding [271][10000]
sq. metres:
Provided that, if the area is covered
under any Town Planning Scheme, the usage of plot shall conform to the
provisions contained in that scheme.]
[272][(1b)] Every floor of a flat,
apartment house, lodging or rooming house, dormitory, hostel or hotel with
residential accommodation [273][exceeding [274][300]
sq. metres of floor area with a capacity for accommodating more than 20 persons
shall have at least 2 door ways as remote as practicable from each other] such
doorways shall provide access to separate exists or may open upon a common
corridor, leading to separate exists in opposite direction.
(2) No hazardous use shall be permitted in
residential buildings or part thereof:
[275][Provided that in residential areas
the Secretary shall permit flour mills of area upto 30 sq. metres with power
upto 10 H.P. and may permit flour mills exceeding 30 sq. metres area or power
exceeding 10 H.P. or exceeding both with the prior sanction of the council:
Provided further that Secretary shall
permit hazardous use incidental to residential occupancy such as poultry, dairy
or kennel in residential areas.]
(3) In the case of buildings exceeding three
storeys above ground level, a certificate of approval from the Director of Fire
Force or an officer authorised by him shall be obtained before issue of the
building permit.
(4) [276][All
other requirements] in respect of fire protection shall conform to part IV,
Fire Protection, National Building Code of India, 1983 and Amendment No. 3,
Part IV.
Rule - 54.[Group B, Group C and Group E occupancies][277].
[278][(1) In the case of Professional Educational
Institutions under Group B occupancy and all buildings under Group C occupancy,
approval of the District Town Planner shall be obtained for usage of plot and
lay-out of buildings with total floor area exceeding 500 sq. 3 metres, but upto
2000 sq. metres under each such occupancy and approval of the Chief Town
Planner shall be obtained for the usage of plot and lay-out of buildings with
total floor area exceeding 2000 sq. metres under each such occupancy.
(1a) In the case of Group
B occupancy other than Professional Educational Institutions and Group E
occupancy, approval of the District Town Planner shall be obtained for usage of
plot and layout of buildings with total floor area exceeding [279][4000]
sq. metres, but upto [280][10000]
sq. metres under each such occupancy and approval of the Chief Town Planner
shall be obtained for the usage of plot and lay-out of buildings with total
floor area exceeding [281][10000]
square metres.]
[282][x x x]
[283][(3) All buildings upto 10 metres
height under educational, medical/hospital or office/business or storage
occupancy with more than 300 sq. metres built up area and shall have the
minimum open (yards) spaces as shown below:-
(i)
Front yard - average 6
metres with minimum 4.5 metres
(ii)
side yards - average 2
metres with minimum 1.5 metres (each side)
(iii)
rear yard - average 3
metres with minimum 1.5 metres:
Provided that where more than one
building is proposed to be constructed in the same plot it shall suffice if the
open spaces under this sub-rule are provided from the plot boundaries with open
yards (space) between two buildings not less than 1.5 metres for buildings up
to 10 metres height and three metres exceeding that height:
Provided further that where the height
of the building exceeds 10 metres, the open yard (space) from the boundaries
shall be increased proportionately at the rate of 50 cms for every 3 metres
increase in height [284][subject
to a maximum of 16 metres].
[285][(4) Every hospital shall possess
authorisation from the Kerala State Pollution Control Board under the
provisions of Bio-medical Waste (management and Handling) Rules, 1998 as
amended from time to time, for the disposal of Bio-medical Waste.]
[286][(4a) In the case of buildings
exceeding three floors from ground level under educational, medical/hospital or
office/business occupancy, a certificate of approval from the Director of Fire
Force or an officer authorised by him in the behalf shall be obtained and
produced by the applicant before issuing permit]
(5) [287][All
other requirements] in respect of fire protection shall conform to Part IV,
Fire Protection, National Building Code of India, 1983, Amendment No. 3 and
shall also be subject to any further condition laid down by the Secretary.
(6) Sanitation facilities to be provided shall be
computed at the rate of not less than 1 person per 4.75 Sq. m of carpet area of
the building and shall be provided in numbers not less than those stipulated in
Table 9 [288][and
Table 9A, as the case may be.]
NOTES
When a dangerous and offensive trade
is permitted to start functioning, one of the precondition is that there should
not be any residential building within a prescribed distance. But when later on
an establishment, house or institution authorised and permissible to be put up
comes into existence, it may not be possible for the quarry owner to content
that he having been permitted to occupy and exploit his properties, others are
automatically subjected to a disability for all time to come.- Joseph v. State
of Kerala - 2003 (3) KLT 296.
TABLE - 9
Sl. No |
Fitments |
Assembly occupanciesTheatres, Auditorium, Art
Galleries, Libraries, Restaurants, Weddinghalls, Community
halls |
Assembly Bus Terminal |
Assembly Railway Station |
Assembly Air ports |
(1) |
(2) |
(3) |
(4a) |
(4b) |
(4c) |
1 |
Water Closet |
1 per 200 males or part thereof and 1 per 100
females or part thereof |
4 for first 1000 persons and 1 for every subsequent
1000 persons or part thereof |
5 for first 1000 persons and 1 for every subsequent
1000 persons or part thereof |
5 for first 1000 persons and 1for every subsequent
1000 persons or part thereof |
2 |
Urinals |
1 per 50 persons or part thereof |
6 for first 1000 persons and 1 for every subsequent
1000 persons or part thereof |
6 for first 1000 persons and 1 for every subsequent
1000 persons or part thereof |
6 for first 1000 persons and 1 for every subsequent
1000 persons or part thereof |
3 |
Wash Basin |
1 for every 200 males and 1 for every 200 females |
4 wash basin each in male and female toilet
stalls |
4 wash basin each in male and female toilet
stalls |
4 wash basin each in male and female toilet stalls |
4. Bath |
|
|
|
|
|
Hotels |
Storage occupancy |
Educational |
Educational |
Office/Mercantile Occupancies |
Industrial Occupancies |
Boarding institutions |
Other Educational Institutions |
||||
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
1 per 100 males and 1 per 100 females |
1 per 50 males and 1 per 25 females |
1 per every 10 boys and1 per every 8
girls |
1 per every 40 boys 1 per every 25
girls |
1 for every 25 males or part thereof and 1 for
every 15 females or part thereof |
1 per every 25 males and 1 per every 15 female |
1 per water closet for males |
1 per 100 males or part thereof |
1 per every 25 boys |
1 per every 50 boys |
1 for every 25 persons or part
thereof |
1 per every 25 persons or part thereof |
1 per water closet for males and 1 per water closet for
females |
|
1 per every 10 boys and 1 per every 10 girls |
1 per every 40 boys and 1 per every 40 girls |
Preferably one on each floor |
|
1 per 100 persons |
|
1 per every 10 boys and 1 perevery 10 girls |
|
|
As required for particular tradesor occupancies |
NOTE:-
(1)
Sanitation facilities to
be provided in assembly buildings shall in no case be less than that of 1
person per square metre of carpet area of the building and shall be provided in
numbers not less than those stipulated in the table.
(2)
The number of sanitatin
facilities provided in storage occupancy shall in no case be less than that of
1 person per every 30 sq. m. of gross floor area and shall be provided in
number not less than those stipulated in the table.
(3)
It may be assumed that 2/3
of the number are males and 1/3 are females.
[289][TABLE - 9A
SANITATION REQUIREMENTS
FOR MEDICAL/HOSPITAL OCCUPANCY
Sl. No. |
Fitments |
Hospitals with indoor patients' ward |
Hospital with outdoor
patients |
Administration Building |
||
For males and females |
For males |
For females |
For male Personnel |
For female Personnel |
||
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
1. |
Water closet |
One for every 8 beds or part
thereof |
One for every 100 persons or part
thereof |
Two for every 100 persons or part
thereof |
One for every 25 persons or part
thereof |
One for every 15 persons or part thereof |
2. |
Ablution taps |
One in each water closet plus one water tap with draining
arrangement in the vicinity of water closets and urinals for every 50 beds or
part thereof |
One in each water closet. One water tap with draining
arrangements shall be provided for every 50 persons or part thereof in the
vicinity of water closet and urinals |
|
One in each water closet One water tap with draining arrangements
shall be provided for every 50 persons or part thereof in the vicinity of
water closet and urinals |
|
3. |
Wash basins |
Two upto 30 beds; add one for every additional 30 beds or
part thereof |
One for every 100 persons or part thereof |
|
One for every 25 persons of part thereof |
|
4. |
Baths with shower |
One bath with shower for every 8 beds or part
thereof |
|
|
One on each floor |
|
5. |
Bed pan washing sink |
One for each ward |
|
|
|
|
6. |
Cleaners sink |
One for each ward Minimum |
One per floor minimum |
|
One per floor minimum |
|
7. |
Kitchen sink & dish washers (where kitchen is
provided) |
One for each ward |
|
|
|
|
8. |
Urinals |
|
One for every 50 persons or part thereof |
|
Nil upto 6 persons1. for 7-20 persons2. for 21-45
persons3. for 46-70 persons4. for 71-100 persons From 101 to 200 persons add
at the rate of 3%. For over 200 persons, add at the rate of 2.5% |
|
Rule - 55.[Group D occupancy][290].
[291][(1) In the case of Group D occupancy,
approval of the District Town Planner shall be obtained for usage of plot and
lay-out of buildings with total floor area exceeding 500 sq. metres, but upto
1000 sq. metres and approval of the Chief Town Planner shall be obtained for
the usage of plot and lay-out of buildings with total floor area exceeding 1000
sq. metres.
Provided that, if the area is covered
under any Town Planning Scheme, the usage of plot shall conform to the
provisions contained in that scheme.]
[292][(1a) In the case of buildings used
exclusively for worship the maximum permissible coverage shall be 50 per cent
of the plot area.]
[293][(2) Every building upto 10 metres
height under assembly occupancy shall have the minimum open yards (spaces) as
shown below:
Sl. No |
Total floor area |
Minimum open space |
1. |
Exceeding 300 sq. metres but not exceeding 500
sq. metres |
(i) Front yard- Average 6 metres with minimum 4.5 metres |
|
|
(ii) Side yards (each side)- Average 2 metres with
minimum 1.5 metres |
|
|
(iii) Rear yard- Average 2 metres with minimum 1.5 metres |
2. |
Exceeding 500 sq. metres but not exceeding 800 sq. metres |
[294][(i)Front yard- Average 7.5 metres
with minimum 5 metres |
|
|
(ii) Side yard (each side)- Average 4 metres with minimum
1.5 metres |
|
|
(iii) Rear yard- Average 3 metres with minimum 1.5
metres] |
3. |
Exceeding 800 sq. metres |
(i) Front yard- Average 10.5 metres with minimum 6 metres |
|
|
(ii) Side yards (each side)- Average 5 metres with
minimum 1.5 metres |
|
|
(iii) Rear yard- Average 3 metres with minimum 1.5 metres |
Provided that in the case of
buildings [295][with
total floor area up to 300 sq. metres] used exclusively for worship, it shall
suffice if a minimum of 3 metres width open yard is maintained in the front and
a minimum of 1.50 metres width of open yard is provided in other sides
including rear of the building up to 10 metres height:
Provided further that where more than
one building is proposed to be constructed in a plot, it shall suffice if the
open spaces under this sub-rule are provided from the plot boundaries with open
yards (spaces) in between the buildings not less than 1.5 metres up to 10
metres height buildings and 3 metres exceeding that height:
Provided also that when the height of
the building exceeds 10 metres, the open yard from the boundaries shall be
increased proportionately at the rate of 50 cms. for every 3 metres increase in
height [296][subject
to a maximum of 16 metres].
[297][(3) 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.]
(4) The clear head room beneath or above the
mezzanine or balcony shall be not less than 3 metres.
(5) The headroom shall not be less than 2.4 metres
in air conditioned rooms.
(6) The height of store room, toilets, lumber and
cellar rooms shall not be less than 2.4 metres.
(7) Balconies or galleries or mezzanines shall be
restricted to 25 per cent of the total carpet area of assembly hall area and
the maximum slope of the balcony or gallery or mezzanine shall not exceed 35
degrees.
(8) The standard of ventilation in assembly
occupancy buildings shall be 28 cu. m. fresh air per seat per hour and shall be
in accordance with part VIII Building Services, section I, Lighting and
Ventilation of National Building Code of India, 1983.
[298][(8a) In the case of assembly
occupancy buildings, irrespective of their number of floors, a certificate of
approval from the Director of Fire Force or an Officer authorised by him in
this behalf shall be obtained and produced for issuing building permit]
(9) [299][All
other requirements] in respect of fire protection in assembly buildings shall
conform to Part IV, Fire Protection of National Building Code of India, 1983
and Amendment No. 3.
(10) In the case of cinema theatres, the location,
size and building construction shall conform to the provisions in the [300][Kerala
Cinema Regulations] 1988 as amended from time to time and the IS: 4878-1968,
Byelaws for construction of Cinema Buildings.
[301][Provided that in the case of
addition, alteration, reconstruction or change in occupancy of the existing
cinema theatres whether having existing valid licence or had a valid licence as
per the Kerala Cinemas (Regulation) Act, 1958, building permit shall be issued
only if a cinema theatre having 1/3rd seating capacity of existing theatre, or
200 seating capacity whichever is higher is also proposed/retained].
(11) 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.
(12) Sanitation facilities to be provided in
assembly buildings shall be computed at the rate of not less than one person
per square metre of carpet area of the building and shall be provided in
numbers not less than those stipulated in Table 9 in sub rule (6) of rule 54.
NOTES
There is no justification for
insistence of production of fire NOC from the fire force regarding the theatre
building which is proposed to be constructed by the petitioner. It is not
disputed that the petitioner is only proposing to reconstruct an old cinema
house and that the proposed building is neither multi theatre, nor multi
storeyed theatre and not even an air conditioned theatre. The Kerala Cinemas
Regulation Rules, being the special law governing construction of cinema houses
should prevail over the Kerala Municipality Building Rules which is a general
law. - Dhanabhagyam Ammal S. and Another v. State of Kerala and Another - 2007
(4) KHC 901 : 2007 (4) KLT SN 53.
Rule - 56.[Group F occupancy][302].
[303][(1) Approval of the District Town
Planner shall be obtained for usage of plot and lay-out of buildings with total
floor area exceeding [304][4000]
sq. metres, but up to [305][10000]
sq. metres and approval of the Chief Town Planner shall be obtained for the
lay-out of buildings and usage of plot with total floor area exceeding [306][10000]
sq. metres:
Provided that, if the area is covered
under any Town Planning Scheme, the usage of plot shall conform to the
provisions contained in that scheme.]
[307][(1a) Except for high rise buildings, side
yards may not be provided for buildings under group F Mercantile or Commercial
occupancy in an area exclusively zoned for commercial use in any Town Planning
Scheme under Town Planning Acts in force:
Provided that if any window or
ventilator or such other opening is envisaged on any side of the building, that
side shall have a minimum clear open yard of 1.5 metres.]
(2) The rear yard shall be not less than 1.5 metre
depth in [308][Group
F] mercantile or commercial building.
[309][(3) Secretary shall permit parking
buildings/plazas/towers in any zone, if it does not adversely affect the
existing trend of development of that area.
(3a) Parking building/parking plazas/parking towers
shall have minimum 5 metres open space all around the building:
Provided that provisions regarding
additional open space corresponding to increase in height shall not apply to
parking buildings.
(3b) Not more than fifteen per cent of the total
floor area of the parking building shall be permitted for shop or restaurant or
hotel or office purpose.
(3c) Sanitation facilities shall be provided as that
in mercantile occupancy buildings set out in Table 9.
(3d) 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 or
that required for the main building whichever is less and other sides shall
have minimum 1.00 metre up to 10 metres height buildings and additional open
space corresponding to height of the building shall be provided at the rate of
50 cms for 3 metres height till the open space around the building attains 5
metres and thereafter no further open space need be provided corresponding to
height.
(3e) The building under sub-rule (3d) 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,
(3f) An area equivalent to twenty per cent of the
open space actually provided tin the plot other than the mandatory open space
shall also be permitted to be covered by buildings for parking constructed for
the use of main building.
(3g) In the case of independent parking buildings,
the maximum coverage permissible shall be limited by the open space
requirements and there shall be no limit to floor area with respect to plot
area.
(3h) In the case of parking buildings there shall be
no limit to height in relation to the width of road and the open yard abutting
that road but the height restriction in the vicinity of airport shall be
complied with.
(3i) Every building for parking shall be provided
with ramp having suitable slope, sufficient width and strength and or lift of
sufficient size and strength.
(3j) In the case of mercantile/commercial occupancy
buildings other than parking buildings exceeding two floors from ground level a
certificate of approval from the Director of Fire Force or an officer
authorised by him in this behalf shall be produced for obtaining building
permit.]
(4) Fish or meat stalls in a public market shall
invariably be provided with a fly-proof enclosure.
(5) The access passage to fish or meat stall shall
have minimum width of 2 metres.
(6) [310][All
other requirements] in respect of fire protection in mercantile or commercial
building shall conform to Part IV, Fire Protection of National Building Code of
India, 1983 and Amendment No. 3.
(7) Sanitation facilities to be provided shall be
as in Table 9 referred in sub-rule (6) of rule 54.
Rule - 57.[Group G1 and Group G2 occupancies][311].
(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 licencing in force.
[312][(2) Approval of District Town Planner
shall be obtained for the usage of plot up to 0.5 hectares area and for layout
of buildings up to 500 sq. metres area under industrial occupancy and approval
of Chief Town Planner shall be obtained for the use of plot exceeding 0.5
hectares area and layout of buildings with more than 500 sq. metres area.]
[313][Provided that layout approval is not
necessary for buildings for small industries coir, weaving, black smithy,
carpentry etc. up to 50 square metres, of total floor area.]
(3) The usage of plots proposed for development or
redevelopment of land or construction of any building shall be governed by the
provisions contained in the detailed town planning scheme or development plan
for the area:
Provided that where no such plan
exists the usage of the plot and or building shall be decided [314][by the
Chief Town Planner or by an officer authorised by him in this behalf]
(4) All industrial buildings [315][up to
10 metres in height from ground level] with built up area exceeding 200 sq.
metres or where the power used exceeds 30 H.P. or where the number of workers
employed exceeds 20, shall have open spaces not less than that specified
below:-
Open Space |
Group G1 |
Group G2 |
Front yard |
7.5 mts |
3.0 mts |
Yard on either side |
3.0 mts. |
3.0 mts. |
Rear yard |
7.5 mts. |
3.0 mts. |
Provided that in industrial growth
centres or industrial development areas or any declared industrial areas, it
shall suffice, if the building has an open space of not less than 3 metres in
all sides:
[316][Provided further that where more than
one building is proposed to be constructed in the same plot, it shall suffice
if the open spaces under this sub-rule are provided from the plot boundaries
with open yards (spaces) in between the buildings not less than 3 metres for
buildings up to 10 metres in height:
Provided further that in the case of
small industrial buildings with height up to 10 metres, the width of open yard
from all the boundaries except front and that in between buildings shall be
minimum 1.50 metres:
Provided further that where the height
of the building exceeds 10 metres, the open yard from the boundaries and in
between the buildings shall be increased proportionately at the rate of 50 cms
for every 3 metres increase in height [317][subject
to a maximum of 16 metres]]:
Provided further that structures for
accessory uses may be permitted within the rear open space.
[318][(5) The minimum clear width of access
to a building and plot as well as the width of the street giving access to the
plot from the main street shall be as given in Table 10 and shall be motorable:-
Table 10
Access for Group G1 and G2
Occupancies
Sl. No. |
Total Floor area |
Width of access to the plot as well as the width of the street giving access to the plot in metres |
(1) |
(2) |
(3) |
1 |
Up to 300 square metres |
3 |
2 |
Above 300 upto 700 square metres |
3.6 |
3 |
Above 700 square metres |
6 |
(6) All work rooms in buildings under industrial
occupancy shall be provided with a carpet area computed at rate, not less than
3.4 Sq. mts. per person employed in such rooms, exclusive of carpet area
occupied by the machinery and breathing space of 15 cubic metres per worker:
Provided that the area of any work
room shall be not less than 9.5 Sq. mts.
(7) 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.
(8) Height of office, laboratory, entrance hall,
canteen, clock room etc. shall not be less than 3 metres.
(9) In the case of store rooms and toilets, the
height shall not be less than 2.4 metres.
(10) Where the internal drainage system of a factory
is proposed to be connected to the public sewerage system, prior approval of
the arrangements shall be obtained from the Pollution Control Board and Water
Authority and in such case the internal drainage system, of a factory shall be
connected by means of a suitable trap so as to exclude volatile or other
objectionable matters.
(11) The industrial sewage effluents, if proposed to
be discharged into nearby water bodies such as rivers, lakes, canals or sea,
the dilution of such waste shall be such that the water bodies are not
polluted. Such effluents shall be got tested as to its harmlessness to
satisfaction of the Pollution Control Board and as per the standards prescribed
by the Bureau of Indian Standards for treatment of industrial waste and
effluents. The approval of the Pollution Control Board shall be obtained in all
cases.
[319][(11a) In the case of industrial
occupancy buildings, irrespective of their number of floors, a certificate of
approval from the Director of Fire Force or an Officer authorised by him in
this behalf shall be obtained and produced for issuing building permit.]
(12) [320][All
other requirements] in respect of fire protection in industrial buildings shall
conform to Part IV, Fire Protection, National Building Code of India, 1983,
Amendment No. 3.
(13) The minimum sanitation facilities to be
provided [321][for
industrial] occupancy building shall be as described in Table 9 given in sub
rule (6) of rule 54.
Rule - 58.[Group H Occupancy][322].
(1)
The provisions in this
rule shall apply to storage or warehousing occupancy [323][buildings
with area exceeding 300 sq. metres.]
[324][(2) Approval of the District Town
Planner shall be obtained for usage of plot and lay-out of buildings with total
floor area exceeding 3000 sq. metres, but up to 6000 sq. metres and approval of
the Chief Town Planner shall be obtained for the usage of plot and lay-out of
buildings with total floor area exceeding 6000 sq. metres:
Provided that, if the area is covered
under any Town Planning Scheme, the usage of plot shall confirm to the
provisions contained in that scheme.]
[325][x x x]
[326][(3a) All buildings under storage and
warehousing occupancy with more than 300 square metres floor area shall have
the minimum open yards (spaces) as shown below:-
(i)
Front yard .. Average 6
metres with minimum 4.5 metres
(ii)
Side yard (each side) ..
Average 2 metres with minimum 1.5 Metres
(iii)
Rear yard .. Average 3
metres with minimum 1.5 metres:
Provided that where more than one
building is proposed to be constructed in the same plot, it shall suffice if
the open space under this sub-rule are provided from the plot boundaries with
open yard (spaces) between two buildings not less than 1.5 metres for buildings
up to 10 metres height:
Provided further that where the height
of the building exceeds 10 metres, the open yard (space) from the boundaries
and in between the buildings shall be increased proportionately at the rate of
50 cms for every 3 metres increase in height] [327][subject
to a maximum of 16 metres].
[328][(3b) The minimum clear width of
access to a building and plot as well as the width of the street giving access
to the plot from the main street shall be 7 metres and shall be motorable.]
(4) Every building or part thereof, designed or
intended for the handling of storage of food stuffs shall conform to the
requirements specified below:
(a)
every building unless
supported on [329][pillars]
shall have continuous foundation walls extending from at least 60 cms. below
ground level to at least 15 cms. above ground level or shall have a continuous
floor of masonry or reinforced concrete or other quality rat-proof-material.
(b)
all openings in [330][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.
[331][(4a) In the case of storage or
warehousing occupancy buildings, irrespective of their number of floors a
certificate of approval from the Director of Fire Force or an officer
authorised by him in this behalf shall be obtained and produced for issuing building
permit.]
(5) [332][All
other requirements] in respect of fire protection in storage including
warehousing building shall conform to part IV, Fire Protection, National
Building Code of India, 1983, Amendment No. 3.
(6) The minimum sanitation facilities shall be as
in table 9 given in sub rule (6) of rule 54.
Rule - 59.[Group I(1) and Group I(2) occupancies][333].
[334][(1) Approval of District Town Planner
shall be obtained for the usage of plot up to 0.5 hectares area and layout of
building upto 500 sq. metres area under hazardous occupancy and approval of
Chief Town Planner shall be obtained for the usage of plot exceeding 0.5
hectares area and lay out of buildings exceeding 500 sq. metres areas.]
[335][Provided that, in the case of all
livestock and poultry farms under Group 1(1) occupancy, irrespective of the
plot area such approval is not required for buildings having total floor area
up to 500 square metres, approval of District Town Planner shall be obtained if
the total floor area is above 500 square metres and up to 1000 sq. metres, and
approval of Chief Town Planner shall be obtained if the total floor area is
above 1000 sq. metres.]
(2) The usage of plots proposed for development or
redevelopment or construction of any building shall be governed by the provisions
contained in the detailed town planning scheme or development plan for the
locality:
Provided that where no such plan
exists the usage of the plot and or building shall be decided [336][by the
Chief Town Planner or an Officer authorised by him in this behalf.]
(3) The minimum width of open yard all round the
building shall be 3 metres in the case of buildings under Group I(1) hazardous
occupancy and [337][7.5
metres] in the case of Group I (2) hazardous occupancy.
[338][(4) xxx]
[339][(4) The minimum clear width of access
to a building and plot as well as the width of the street giving access to the
plot from the main street shall be 7 metres and shall be motorable:
Provided that, in the case of
building(s) under Group 1(1) with total floor area up to [340][300]
sq. metres and crematoria and burial grounds under Group 1(2) occupancy, the
above width shall not be less than [341][3]
metres and shall be motorable.]
[342][Provided further that, in the case of
all livestock and poultry farms under Group 1(1) occupancy, the above width
shall be 1.2 metres if the total floor area is upto 500 square metres, 3 metres
if the total floor area is above 500 sq. metres but upto 1000 sq. metres and 5
metres if the total floor area is above 1000 sq. metres.]
(5) Where the internal drainage system from a
building under hazardous occupancy is proposed to be connected to the [343][public
drainage] system, prior approval of the arrangements shall be obtained form the
Pollution Control Board and Water Authority and in such cases the internal
drainage system shall be connected by means of a suitable trap so as to exclude
volatile or other objectionable matters.
[344][(5a) In the case of buildings under
hazardous occupancy other than Group I(1), a certificate of approval from the
Director of Fire Force or an officer authorized by him in this behalf shall be
obtained and produced before issuing building permit.]
(6) All requirements in respect of fire protection
in hazardous including warehousing buildings shall conform to Part IV, Fire
Protection, National Building Code of India, 1983 and Amendment No. 3.
(7) The minimum sanitation facilities to be
provided in hazardous buildings shall be as shown below:
(a)
at the rate of one water
closet for the first 50 males or part thereof and two water closets for the
first 50 females or part thereof and [345][thereafter
one water closet for every additional 70 persons] or part thereof, 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)
the number of sanitation
facilities like water closet, urinal, etc. to be provided shall in no case be
less than as computed at the rate of one person per every 30 Sq. mts. of the
gross floor area of the building.
(8) The Secretary shall, after considering the
width of roads, traffic generated, location with respect to points of
intersections and nearness to occupancies of educational, assembly, mercantile,
storage and hazardous uses, in consultation with the District Collector and
Chief Town Planner decide the location of petrol filling stations and its
layout.
(9) The location and or construction of petrol
tank and vent-pipe shall be governed by the provisions of the Petroleum Rules,
1976.
(10) The retail dispensing unit of a petrol filling
station shall be installed at a distance of [346][7.5
metres] from any point of the marked boundary of its premises.
[347][(11) The kiosk or sales office shall
have a minimum open space of 1.00 metre from the plot boundaries other than
that abutting the street.]
(12) The location and area limits of crematoria or
burning and burial grounds including cemetery shall be as approved by the
District Collector.
(13) There shall be minimum [348][7.5
metres] open space all round the crematorium.
(14) The Secretary shall, after considering the
access roads, traffic congestion in the locality and in consultation with the
Chief Town Planner decide the location of the traffic terminal stations like
municipal bus stands or inter State bus terminals and the construction of
buildings shall conform to the provisions in these rules.
[349][(15) xxx]
CHAPTER VIII BUILDINGS IN SMALL PLOTS
Rule - 60. [Special provisions for construction in small plots.
The provisions in the Kerala
Municipality Building rules shall apply to construction of building under
residential and or commercial occupancy, in plots not exceeding 125 sq. metres
of area subject to the modifications in this chapter:
Provided that permit shall not be
granted under this chapter 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][350]
NOTES
In the case of construction of
buildings in small plots it was held that only one building of maximum three
floors shall be permitted to be constructed and total plinth area shall not
exceed 150 Sq. metres. - Premajan K. v. Corporation of Kozhikode and Others -
2012 (1) KHC 684.
Unlawful construction - Amicable
settlement - Law should not stand in the way of amicable settlement of disputes
between parties.- Kochukuttan Achari v. Secretary, Mavelikara Municipality -
2002 (2) KLT SN 106.
Rule - 61. Number of floor to be limited.
The number of floors allowed
shall be [351][three] [352][and
stair room].
Rule - 62. Conditions regarding set back.
[353][(1) The
minimum distance between the plot boundary abutting any street other than
National Highways, State highways, district roads and other roads notified by
the municipality and the building other than a compound wall or fence or
outdoor display structure, shall be 2 metres.
Provided that any restriction
under street alignment or building line or both, if any fixed for the area and
any development plan or any detailed town planning scheme or approved road
widening proposal or any other rules or byelaws shall also apply simultaneously
to all buildings in addition to the provisions contained in sub-rule (1)];
[354][(1a) The
front yard shall be minimum 1.80 metres depth:
Provided that if 1.80 metres
depth cannot be maintained laterally throughout due to the peculiar shape of
the plot, it shall suffice if the mean depth is not less than 1.80 metres with
minimum depth at all points not less than 1.20 metres]
(2) Any one side shall have a minimum of 90 cms.
and other side shall have a minimum of 60 cms:
[355][Provided
that no opening other than ventilator [356][above
a height of] 2.20 metres from the floor level shall be provided on the side
having only 60 cms open space:
Provided further that the open
space on one side other than that having 90 cms width may be reduced or even abut
the plot boundary without any manner of opening on that side, if the owner of
the plot on that side voluntarily agree for the same in writing.]
(3) The rear side shall have an average of 1 metre
with minimum 0.50 metre.
[357][(3a) The
width of cornice roof, sunshade or weather shade shall be 30 cms in 60 cms wide
open space and in other cases it shall be as in sub-rule (11) of rule 24.]
Rule - 63. Certain provisions not to apply.
Provisions regarding FAR,
coverage, distance from central line of road, [358][access
width, height restriction with regard to width of road and the yard abutting
the road, car parking] dimension with regard to building parts light and
ventilation shall not apply to buildings under this Chapter.
Rule - 64. Application and its disposal.
(1)
The [359][provisions]
for submission and disposal of application for permit [360][and
filing of completion certificate and extension and renewal of permits and
similar matters] shall be as described in Chapter II.
(2)
The application fee and permit fee shall be as in Schedule I and
Schedule II respectively.
CHAPTER IX ROW BUILDINGS
Rule - 65. 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 of any street, where the Municipality has by declaration published,
decided to allow row buildings.
Rule - 66. 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 exist and separated by common wall from other row buildings
abutting it shall be deemed to be one unit for this purpose.
Rule - 67. Plot Area.
The area of plot for one unit
shall not exceed 85 Sq. metres.
Rule - 68. [Distance from street etc.
The minimum distance between the
plot boundary abutting any street other than National Highways, State Highways,
district roads and other roads notified by the Municipality and the building
other than a compound wall or fence or outdoor display structure shall be 1.5
metres.][361]
Rule - 69. Maximum floors.
The maximum number of floors
permitted shall be two and a staircase room.
Rule - 70. Certain provisions not to apply.
Provisions regarding F.A.R.,
coverage, distance from central line of road, access width, [362][height
restriction with regard to width of road and the yard abutting the road]
dimension of building parts, light and ventilation and parking contained in
these rules shall not be applicable to row buildings.
Rule - 71. [Submission of applications etc.
(1)
Application for permit and other matters required as per these
rules may be submitted either jointly or individually.
(2)
The provisions for submission and disposal of application, filing
of completion certificate, extension and renewal of permit and similar matters
shall be as in Chapter II.
(3)
The application fee and permit fee shall be as in Schedule I and
Schedule II respectively.][363]
Rule - 72. [Reconstruction, etc. of existing row buildings.
Notwithstanding anything
contained in these rules, in the case of existing row buildings, [364][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, [365][x x]
and set backs provided] [366][In
such case, the number of floors shall be limited to two.][367]
CHAPTER X BUILDING CONSTRUCTION UNDER APPROVED
SCHEMES
Rule - 73. Provision for constructions under approved Schemes.
Provisions in this chapter shall
apply to construction or reconstruction or addition or alteration of any
building [368][in
individual plots] [369][under
any Government approved Scheme for economically weaker sections and] financed
or built by Government, Municipality, Housing Board, Scheduled Castes and
Scheduled Tribes Development Corporation, Fisherman Welfare Corporation,
Matsyafed, Harijan Welfare Department, Social Welfare Department or any
Government Department, Quasi-Government Agency, or Housing Co-operative
Societies [370][x
x] [371][The
provisions in this Chapter shall also apply to buildings financed or built by
any Municipality or Panchayat at any level to its beneficiaries]
Rule - 74. Area and floor restrictions.
[372][(1) The
floor area of each dwelling unit shall not exceed 60 square metres.]
(2)
Number of floors shall be limited to two and a staircase room.
Rule - 75. [Setback provisions.
(1)
The minimum distance between the plot boundary abutting any street
other than National Highways, State Highways District Roads and other roads
notified by the municipality 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 cms open
space on the sides and the rear:
Provided that door shall not be
allowed if that portion does not have minimum 1.00 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 lay out:
Provided that no portion of the
building shall encroach, project or overhang beyond the plot boundaries.][373]
Rule - 76. Certain provisions not to apply.
Provisions regarding F.A.R.
coverage, [374][off-street
parking space,] distance from central line of road, [375][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 - 77.
[376][xxx].
Rule - 78. 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 and document to prove his ownership. [377][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)
Where the construction or reconstruction or addition or alteration
is proposed to be done by the Department, Corporation, Board, Agency, Local
body or Society themselves, layout for sub-division shall be obtained from the
Secretary and no building permit is necessary.
(4)
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.
[378][CHAPTER XA SPECIAL
PROVISIONS FOR LARGE-SCALE DEVELOPMENT PROJECTS APPROVED BY GOVERNMENT
Rule - 78A. Applicability of the Provisions.
Provisions in this Chapter shall apply
only to large scale development projects approved by Government, by order, and
for availing benefit of higher Floor Area Ratio, the project shall have an area
not less than 2 Hectares, an investment exceeding Rs. 100 crores including land
value and which shall provide for employment, for not less than 500 persons
after commissioning of the project.
Rule - 78B. 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 this purpose, consisting of
the following members:
(a) |
The Principal Secretary, Local Self Government |
- |
Chairman |
(b) |
The Director, Department of Urban Affairs |
- |
- Member |
(c) |
The Chief Town Planner, Department of Town and Country
Planning |
- |
Convenor |
(d) |
The District Officer of the Department of Town and
Country Planning having jurisdiction over the District concerned |
- |
Member |
(e) |
Secretary(s) of the Local Self Government Institution(s)
concerned. |
- |
Member(s) |
(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 Convenor 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 Convenor shall fix the
venue, date and time of the meeting in consultation with the 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 - 78C. Provisions 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 - 78D. 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 - 78E. The FAR permissible for the project.
The F.A.R. permissible for such
projects shall be 1.50 times the maximum values stipulated in column (5) of
Table 2 under rule 31 and in conformity with the Notes thereunder, subject to a
maximum of 5 and the fee for the additional F.A.R. shall be as stipulated in column
(5) above.
Rule - 78F. Minimum width of access.
The minimum width of access shall be
fifteen metres.
Rule - 78G. Ceiling for Residential use.
Area for residential uses, if any,
included in the project shall not exceed 40% of the land area of the project
and shall be incidental to the main use(s).
Rule - 78H. Period for Completion.
The project shall be completed within
a period of 3 years, if not specified otherwise.]
[379][CHAPTER XI CONSTRUCTION
IN PLOTS PART OF WHICH HAVE BEEN SURRENDERED FREE OF COST FOR ROAD DEVELOPMENT
Rule - 79. 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 Municipality or 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 the Kerala
Municipality Building Rules, 1999 shall apply subject to the modifications in
this chapter:
Provided that the applicants
seeking benefits under this chapter shall apply in writing to the Secretary in
the prescribed form:
Provided further that the
provisions under this chapter shall not apply to the roads envisaged in any layout
as per these rules:
Provided further 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 further 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 published or sanctioned
Town Planning Scheme, if any such scheme exist:
Provided further that, any
deviation from the proposals of a Town Planning Scheme 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 after
effecting variation or revision, as the case may be, of the town planning
scheme as per the Town Planning legislation in force:
Provided also that the
surrendered land shall not be used for purposes other than that envisaged in
the scheme.
(a)
in the case of roads which have no widening proposal as per any
Town Planning Scheme or which fall in areas which are not covered by any Town
Planning Scheme, 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 Institution 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
Organization.
(2)
The surrendering of land shall be made as per the relinquishment
procedure of the Government 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.
[380][(3) The
Government may, either suo motu or at the request of the Municipality
concerned, formulate road widening scheme by free surrender of land with such
conditions as it deems fit for the success of the scheme and it shall have
overriding effect over other provisions of these Rules].
NOTES
In case of construction of
buildings in plots of land where a portion has been surrendered free of cost
for road development, the benefits of such surrender is available not only to
persons who has surrendered the plot but also to successors in interest.- Rekha
Babu Jacob and Another v. State of Kerala and Others - 2008 (2) KHC 337 : 2008
(2) KLT 695.
Rule - 80. 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 sanctioned or published Town
Planning Scheme for the area.
Rule - 81. Coverage and Floor Area Ratio.
(1)
Maximum coverage permissible by the committee constituted under
Rule 85 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 hazardous occupancy under Group 1(1) and 40 per cent
for hazardous occupancy under Group I(2).
(2)
The maximum floor area permissible based on the FAR values for
various occupancies shall be calculated as follows:-
(a)
Floor area based on FAR permissible as per column (4) of table 2
in rule 31 for the extent of the plot prior to surrendering of land + an
incentive floor area of twice the FAR permissible as per column (4) of table 2
in rule 31 for the extent of land surrendered free of cost:
Provided that the maximum FAR
permissible calculated in the above manner shall not exceed the FAR as per
column (5) [381][x x]
of the table 2 for the entire land:
Provided further that FAR of
column (5) [382][or
column (6)] of table 2 in rule 31 for the entire land shall be permitted on
payment of additional fee at the rate specified in [383][in
Table 2], for the difference in area if any.
Rule - 82. Setback, height, etc.
(1)
For buildings under various occupancies, the mandatory open space/set
back from the proposed road boundary to the building shall be reduced by the
breadth of the land so surrendered from that side, subject to a minimum of 3
meters from the boundary of the proposed road:
Provided that, in the case of
plots up to 125 sq. meters of area left after surrendering land for road
schemes other than National Highways and State Highways, the committee
constituted under Rule 85 may, considering the width of the land, surrendered
and left behind shall permit reduction in the said distance to such extent
that, after such reduction, there shall be a minimum of 1.5 meters distance
from the abutting new road boundary:
Provided further that set backs
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:
Provided also that, in the case
of [384][high
rise building] 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 meters, proportionate increase in
such minimum open spaces at the rate of 0.5 meter per every 3 meters height
exceeding 10 meters 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
79, 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 Town Planning Schemes, other than
special building lines prescribed considering urban design or heritage aspects,
and general provisions regarding the distance from central line of road,
restriction on height with respect to width of street and front set back shall
not apply to the constructions under this chapter.
Rule - 83.
[x x x] [Omitted]
Rule - 84. Parking.
Parking requirement shall be
reduced in proportion to the percentage of land surrendered to the extent that
after such deductions a minimum of seventy-five per cent of the parking
required as per these rules shall be provided.
Rule - 85. Constitution of Special Committees.
(1)
The Government may, on receipt of a request to that effect from
any Municipality or suo motu, if found necessary, by order, constitute a
Special Committee, for the purposes of any or all Municipalities, 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)
Mayor of the Municipal Corporation/Chairperson of the
Municipality, 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 an 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 Municipality concerned, shall be the Convener of
the Committee.
(viii) One or
two representatives of the Department, Authority, Institution, Association or
organization 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 Convenor
and the Chairperson.
(4)
The Convenor shall, considering the number of applications and
urgency of the work to be executed, convene the meeting of the committee at
such place and time, as may be fixed in consultation with the Chairperson, by
giving atleast 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 Convenor shall place before the committee only such
applications included in the agenda notes circulated, which otherwise comply
with all the provisions of these rules, Town Planning Schemes, if any, for that
area and other relevant statutes, and shall issue permit as decided by the
committee. The Convenor 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]
CHAPTER
XII ACCESSORY
BUILDINGS AND SHED
Rule - 86. Certain buildings or sheds exempted.
Any building constructed or used
or intended to be constructed or used exclusively for the purposes of a plant house
or metre house, not being a dwelling house [385][and
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 [386][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] shall be exempted
from the provisions of these rules:
Provided that such building or
shed shall have [387][minimum
one metre set back from the nearest boundaries and may abut] the main building.
Rule - 87. Temporary hut or shed.
(1)
The Secretary may grant permission to a person to erect for a
specified period huts or sheds of a purely temporary nature for stabling or similar
purposes, 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 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 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
shall not be retained.
Rule - 88. Accessory building[x x][388].
[389][(1)
Construction of accessory building such as bathrooms, toilets, storehouses,
cattle sheds, kennels and cages or cabin for watch and ward shall be permitted
in the open space of the main building, if the open space available is
sufficient for such construction:
Provided that area of such
structures shall be limited to fifteen percent of the open space;]
[390][(2) xxx]
(3) The
height of the structure or cabin shall be limited to 2.5 mts.
[391][(4) The
distance from the boundary abutting the road to the accessory building shall be
equal to that necessary for a single storeyed residential building;]
[392][(5) The
accessory building shall have minimum 1.00 metre distance from the boundaries:
Provided that it may abut the
main building.]
[393][(6) to
(9) xxx]
Rule - 89. Certain provisions not to apply.
Provisions regarding floor area
ratio shall not apply to the construction under this chapter.
Rule - [90.
[xxx][394]
[xxx]
CHAPTER
XIV WALL
AND FENCE
Rule - 96. Prohibition of commencement of work.
The construction or
reconstruction of any wall or fence of whatever height bounding or abutting on
any public street [396][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 - 97. 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 documents to prove ownership, site
plan [397][x
x]
(3)
The site plan shall clearly show [398][x x]
all the streets, paths, lanes abutting or leading to the plot and also a
description of the materials used for the work.
(4)
Application fee shall be paid as Schedule-I.
(5)
The Secretary shall, if convinced of the plan [399][x x]
and genuineness of the ownership, issue permit not later than 30 days from the
date of receipt of the application.
[400][(5a) A
wall or fence abutting a street junction shall be sufficiently splayed.]
(6)
The permit fee shall be as in Schedule-II.
Rule - 98. Period of permit and its renewal.
(1)
The permit shall be valid for one year from the date of issue and
may be renewed for further one year by filing an application in transparent paper,
typed or written in ink and affixed with necessary court fee stamp.
(2)
The application for renewal shall be submitted within the valid
period of the permit and the renewal fee shall be fifty per cent of the permit
fee.
Rule - 99. 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
XV [401][SPECIAL
PROVISIONS FOR CERTAIN CONSTRUCTIONS]
Rule - 100. [Special provisions for addition, etc. over existing buildings.
(1)
Notwithstanding anything contained in these rules, alteration or
addition (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 March, 2000 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 24, 25, 26, 32, 33 and the provisions under
Chapter VI and Chapter VII:
Provided that alteration of
existing building shall be permitted for the limited purpose of constructing
stair case or ramp or flight of steps for use as access to the proposed floors,
if such alteration satisfies the provisions under rule 25:
Provided further that the owner
shall have no right the 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 further 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 have one basement floor.
(2)
The proposed alteration or addition (extension) shall satisfy the
provisions regarding clearance form overhead electric lines specified under
Table 1 of rule 23 and if such clearance is not available, on 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 25.
(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 25.
(5)
In the case of residential or 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 cms 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 G1 and hazardous occupancy building under Group
1 (1) and Group 1 (2) 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 area ratio permissible under this rule shall be
as in Table 2 under Rule 31 and for calculating the maximum floor area ratio
permissible, the floor area of the proposed floor(s) and floor area of the
existing building shall be taken into account.
(9)
Off street parking shall be provided as in Table 5 under Rule 34
for the proposed floor(s) irrespective of whether off street parking is
available for the existing building or not:
Provided that where the carpet
area of the building including the proposed floor(s) does not exceed 300 sq.
metres provision regarding car parking shall not be insisted for permitting
alteration or addition (extension) of floor(s).
(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
1.00 metre open space, window shall be permitted only on the side or portion
having 60 cms open space and no opening shall be permitted on the side or portion
having less than 60 cms open space.][402]
Rule - 101. [Special provision for addition, etc. over buildings permitted under Kerala Building Rules, 1984.
(1)
Alteration or addition/extension of first floor or second floor or
both and or conversion or erection of roof, shutter or door shall be allowed to
buildings permitted under orders granting exemption from provisions of Kerala
Buildings Rules, 1984, issued by Government or District Collectors subject to
Sub-rules (2) and (3) of this rule, whether the work has commenced or not or
whether being carried on or completed:
Provided that the permitted
building and that proposed alteration or addition/extension or other work
mentioned in this rule shall have minimum 3 metres distance from the boundary
abutting any National Highway, State Highway, District road or other road
notified by the Municipality and minimum 1.5 metres from the boundary of other
roads.
(2)
The provisions under Rules 24, 25, 32 and 33 and the rules under
Chapter VI and VII shall not apply to the proposed floor(s) or work whether the
permitted building satisfies the said provisions or not.
(3)
The provisions under Sub-rules (2) to (10) of rule 100 shall
mutatis mutandis apply to both the permitted building and the proposed
building.][403]
Rule - 102. [Extension in the ground floor, etc.
(1)
Extension in the ground floor with or without floors above it
shall be permitted to any building, if the proposed extension satisfies the
provisions in these rules, irrespective of whether the building proposed to be
extended conforms to the provisions in these rules or not:
Provided that for the purpose of
calculating maximum coverage and floor area ratio permissible and for
calculating the total off street parking requirements both the proposed
extensions and the building proposed to be extended shall be taken into
account.
(2)
Addition/extension of upper floors to any building shall be
permitted, if the proposed addition/extension satisfies the provisions in these
rules, irrespective of whether the building proposed to be extended conforms to
the provisions in these rules or not:
Provided that in the case of
existing ground floor on the side of cul-de-sac not exceeding 250 metres length
or pedestrian lanes or streets up to 3 metres width, first floor shall be
permitted above it if the existing ground floor and proposed first floor have
minimum 1.50 metres distance from the boundary abutting such cul-de-sac, lane
or street irrespective of whether it satisfies the provisions in rule 25 and
rule 32:
Provided further that for the
purpose of calculating maximum coverage and floor area ratio permissible and
for calculating the total off street parking requirements both the proposed
extension and the building proposed to be extended shall be taken into account.
(3)
Separate and independent building shall be permitted in a plot
already having one or more buildings, if the proposed buildings satisfies the
provisions of these rules, irrespective of whether the existing buildings in
that plot satisfies the provisions of these rules or not:
Provided that for the purpose of
calculating maximum coverage and floor area ratio permissible and for
calculating the total off street parking requirements both the proposed and the
existing building in the plot shall be taken into account:
Provided further that the
proposed building shall have minimum 1.50 metres distance from the other
existing buildings, if the proposed building has not more than 3 floors and
shall have minimum 3 metres distance, if the proposed building has more than
three floors.
(4)
Conversion of roof with the same or a different material shall be
permitted to any building, if not otherwise prohibited by these rules or main
rules or the Act, irrespective of whether such building conforms to the
provisions 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 24 shall be observed:
Provided further that no portion
of the roof shall encroach or project into the street or the neighbouring plots
and water from the roof shall not be allowed to fall into the street or the
neighbouring plots or the plot boundaries:
Provided also that no permission
shall be necessary for conversion of roof with grass, leaf or thatch.
(5)
Conversion of shutters or doors with the same or a different
material or erection of shutters or doors shall be permitted in any buildings
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.][404]
CHAPTER
XVI WELLS
Rule - 103. Essentiality of permit.
(1)
No new well shall be dug without the permission of the Secretary.
(2)
Where any person intends to dig a well, he shall submit an
application in the form in Appendix A to the Secretary, together with a site
plan and document to prove the ownership.
[405][(3) 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.]
Rule - 104. Set back.
(1)
The set back from any street shall be as that required for a
building.
(2)
There shall be 1.50 metres set back from other boundaries.
(3)
The well may be located within or abutting or away from the
building on the plot.
[406][(4) No
leech pit, sock pit, refuse pit, earth closet or septic tank shall be allowed
or made within a distance of 7.5 meters radius from any existing well used for
supply of water for human consumption or domestic purpose or within 1.20 metres
distance from the plot boundaries]
Rule - 105. Wall and surrounding.
The well shall be protected with
brick wall with minimum 1 mt. height. [407][x x x]
Rule - 106. Fees.
The application fee and permit
fee shall be as in Schedule I and Schedule II respectively.
Rule - 107. Approval of plan and issue of permit.
The Secretary shall, if convinced
of the boundaries and plan and bonafides of the ownership approve the plan with
or without modification and issue permit.
Rule - 108. Validity and renewal.
(1)
The permit once issued shall be valid for two years and may be
renewed for a further period of one year by submitting an application in transparent
paper, typed or written in ink, affixed with necessary court fee stamp.
(2)
The application for renewal shall be submitted during the valid
period of the permit and the renewal fee shall be fifty per cent of the permit
fee.
Rule - 109. 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.
[408][CHAPTER XVI-A RAINWATER HARVESTING
Rule - 109A. Groundwater recharging arrangements.
(1)
Unless otherwise
stipulated specifically in a Town Planning Scheme, workable groundwater
recharging arrangement shall be provided as an integral part of all new
building constructions through connection of rooftop rainwater:
Provided that, the groundwater
recharging arrangements are not mandatory for thatched buildings and for single
family residential buildings if the total floor area is up to 150 sq. metres
and if the total plot area is up to 320 sq. metres.
(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 of 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, ponds and the
like.
(3)
In exceptional cases such
as water logging or impermeable subsoil conditions to considerable depths, the
groundwater [409][recharging]
arrangements for building constructions need not be made mandatory.
(4)
The owner(s)/occupier(s)
shall maintain the rooftops and the groundwater recharging arrangements in
healthily/working condition.
Rule - 109B. Rainwater storage Arrangement.
(1)
Unless otherwise
stipulated specifically in a Town Planning Scheme, workable rainwater storage
arrangements shall be provided as an integral part of all new building
constructions through the collection of rooftop rainwater for the following
occupancies, namely:-
(i) |
Group A1 |
Residential (In the case of single family residential
buildings, if the total floor area of the building is up to 150 sq. metres
and if the plot area is up to 320 sq. metres, the rainwater storage arrangements
are not mandatory) |
(ii) |
Group A2 |
Special Residential |
(iii) |
Group B |
Educational |
(iv) |
Group C |
Medical/Hospital |
(v) |
Group D |
Assembly |
(vi) |
Group E |
Office/Business |
(vii) |
Group F |
Mercantile/Commercial (If the total floor area of the
building is up to 100 sq. metres and if the plot area is up to 200 Sq. |
(viii) |
Group G1 and Group G2 |
metres, the rainwater storage arrangements are not
mandatory.) Industrial (only for workshops, assembly plants, laboratories,
dry cleaning plants, power plants, Gas plants, refineries, dairies, food
processing units and any other occupancies notified by the Government from
time to time.) |
(ix) |
Group I (1) |
Hazardous (Automobile wash stall, Automobile Service
Stations, Service Garages with repairing facilities and any other occupancies
notified by the Government from time to time): |
Provided also that, the rainwater
storage arrangements are not mandatory for thatched building.
(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 spillover
(3)
The minimum capacity of
the storage tank as stipulated in sub-rule (2)(iv) of the rainwater storage arrangement
shall be at the rate given below:
Group A1 |
25 litres/sq.m. of [410][coverage
area] |
Group A2 |
25 litres/sq.m. of [411][coverage
area] |
Group B |
50 litres/sq.m. of [412][coverage
area] |
Group C |
50 litres/sq.m. of [413][coverage
area] |
Group D |
50 litres/sq.m. of [414][coverage
area] |
Group E |
50 litres/sq.m. of [415][coverage
area] |
Group F |
25 litres/sq.m. of [416][coverage
area] |
Group Gl and Group G2 |
50 litres/sq.m. of [417][coverage
area] |
Group I (1) |
25 litres/sq.m. of [418][coverage
area]: |
[419][Note. 'Coverage area' means the area mentioned
in item (t) of sub-rule (1) of rule 2].
(4)
The owner(s)/occupier(s)
shall maintain the rooftops and the rainwater storage arrangements in healthy
working condition.
(5)
Additional arrangements
for carrying the spillover water from storage tank to recharge well or recharge
pond or percolation pit need be provided only if both groundwater recharging
arrangements and rainwater storage arrangements are provided as laid out in
this chapter.]
[420][CHAPTER XVI-B [421][SOLAR
ASSISTED WATER HEATING/LIGHTING SYSTEM]
Rule - 109C. [Solar Assisted Water Heating/Lighting System in Buildings.][422]
(1)
[423][Either
solar assisted water heating system or solar assisted lighting system] shall be
provided for buildings exceeding 500 sq. m. of built up area under the
following occupancy groups/categories, namely:-
(i)
Group A1-Apartment Houses or Residential Flats;
(ii)
Group A2-Special Residential Buildings;
(iii)
Group C-Medical or Hospital Buildings;
(iv)
Group D-Community Halls, Auditorium, Wedding Halls.
[424][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 [425][area]
on the rooftop, which receives direct sunlight 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 requirement of the solar water heating
system shall be decided on each case by the registered Architect/Engineer/Town
Planner/Building Designer/Supervisor, as the case may be.
(4)
The secretary shall, before issuing occupancy certificate, ensure
that all new buildings mentioned in sub rule (i) have completed installation
of [426][solar
assisted water heating system/solar assisted lighting system.]
CHAPTER
XVII SAFETY
PROVISIONS FOR HIGH RISE BUILDINGS
Rule - 110. [High rise building.
For the purpose of this chapter,
'high-rise building' means a building having a height of 16 metres or more][427].
Rule - 111. Provisions to apply as modified for high rise buildings.
In the case of high rise
buildings, the provisions in these rules elsewhere shall apply subject to
modification in this chapter.
Rule - 112. Staircase.
(1)
Every high rise building shall have at least two staircases.
(2)
The height of the handrail in the staircase shall not be less than
90 cms. and if balusters are provided no gap in the balusters shall be more
than 10 cms wide.
Rule - 113. Guard rails or parapets.
Every slab or balcony overlooking
any exterior or interior open space which are 2 metres or more below shall be
provided with parapet walls or guard rails of height not less than 1.20 metres
and such guard rails shall be firmly fixed to the walls and slabs [428][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.
Rule - 114. [Fire escape stairway.
(1)
Every high rise building shall be provided with a fire escape
stair way.
(2)
Fire escape stairway shall be directly connected with public or
common areas on all floors and shall lead directly to the ground.
(3)
At least one side of the stairway shall be an external wall either
with large openings or with break open glass to facilitate rescue operations
during an emergency.
(4)
External fire escape staircase shall have straight flight not less
than 75 cm wide, with 20 cm treads and risers not more than 19 cm. the number
of risers shall be limited to 16 per flight.
(5)
The height of handrails shall be not less than 100 cm and not more
than 120 cm.
(6)
The use of spiral staircase as external fire escape stairway shall
be limited to buildings with height not exceeding 10 metres.
(7)
A spiral fire escape stairway shall be not less than 150 cm in
diameter and shall be so designed as to give adequate headroom.][429]
Rule - 115. [Ducts.
Every opening provided to ducts
from the interior of a building shall be closed with strong materials.][430]
Rule - 116. [Access.
The width of access to a high
rise building and plot as well as the width of the street giving access to the
plot from the main street shall be [431][5
metres] or as prescribed elsewhere in these rules, whichever is higher.][432]
Rule - 117. [Open Spaces.
[433][(1) A
clear motorable open space of minimum 5 metres width shall be provided for the
building at the front side as well as at any one of its sides contiguous to the
road abutting it, so as to facilitate fire fighting, which 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
centimetres width].
(2) The minimum width of open space between plot
boundary and a high rise building shall be 5 metres.
(3) 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 area ratio, coverage, access, light
and ventilation etc. for the whole plot, distance between the various blocks
within this area shall be a minimum of 5 metres.
(4) Adequate passageway 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 [434][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 head room of not
less than 5 metres.][435]
Rule - 118. [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 Rule 48, that lift shall be one capable of
carrying a stretcher][436]
Rule - 119. 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 cms.
Rule - 120. 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 [437][including
that regarding seismic forces as per the provisions contained in the National
Building Code of India as amended from time to time] and drawings and a
structural stability certificate prepared and issued by a registered engineer.
Rule - 120A.[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 L of these rules, as full time supervising
professional at the site, from the commencement to completion of the work. Such
person shall have a minimum of 3 years 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 safeguarding the life of workers and
public against hazards consequent on any aspect of the work;
(iii)
ensure that all protective works carried out to safeguard 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 - 120B. 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 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, FAR, area earmarked for parking in Sq. metres, 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 as in PART VII CONSTRUCTIONAL PRACTICES
AND SAFETY in National Building Code of India, 2005 shall be ensured by the
owner and the developed 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 the developer shall be solely
responsible for any such damages.][438]
CHAPTER
XVIII HUTS
Rule - 121. Prohibition for commencing work without permission.
No person shall commence the
construction or reconstruction of a hut without first obtaining a permit for
such work.
Rule - 122. [Provisions regarding distance from road, etc.
(1)
The minimum distance between the plot boundary abutting any street
other than National Highways, State Highways, or District roads or other roads
notified by the Municipality and a hut shall be 1.00 metre.
(2)
All sides including the front and rear shall have minimum 60 cms
distance from all the boundaries other than that abutting a road.][439]
Rule - 123. Certain provisions not to apply.
Provisions regarding FAR,
coverage, distance from central line of road and dimension of building parts,
light and ventilation shall not apply to huts.
Rule - 124. Application for permit.
(1)
Any person intending to construct or reconstruct a hut shall
submit an application in transparent paper, typed or written in ink and affixed with
necessary court fee stamp to the Secretary along with a site plan showing [440][the
built up area and] the boundaries of the plot and nearby street, if any, and
also document to prove ownership.
(2)
The application fee shall be as in Schedule I.
Rule - 125. Disposal of Application.
The Secretary shall verify the
application, document and site plan and after being convinced of the boundaries
and bonafides of ownership issue permit within 14 days from the date of receipt
of the application and necessary permit fee as shown in Schedule II.
Rule - 126. Council bound to decide on application.
(1)
The Council shall be bound to take a decision as to whether permit
shall be given or rejected, if the applicant makes a request in writing after
the expiry of fourteen days from the date of submission of application that the
Secretary has failed to dispose the application.
(2)
The applicant may commence with the construction or reconstruction
in conformity with the provisions contained in the Act and these Rules, as if
the permit has been granted, if the Council fails to dispose of the application
within 30 days from the date of submission of the request in writing.
Rule - 127. Reasons for rejection to be specified.
(1)
Application for permit to construct or reconstruct a hut may be
rejected on the following reasons:
(i)
The construction or use of plot violates any provision of law or
any rule or order or byelaw or proclamation;
(ii)
the application for permit is not furnished with details or has
not been prepared as required under these rules;
(iii)
any detail or plan so required by Secretary under these rules has
not been made available properly;
[441][(iv) x x
x x]
(v) the proposed hut is an encroachment to land
owned by Government or Municipality.
(2)
The Secretary shall not reject an application for construction or
reconstruction of hut without specifying the reasons for such rejection.
Rule - 128. Period of permit and its renewal.
The permit shall be valid for 2
years from the date of issue and may be renewed for further one year on
submission of application in transparent paper, typed or written in ink, affixed with
necessary court fee stamp, within its valid period, and payment of fifty per
cent of the permit fee.
Rule - 129. Completion report and occupancy certificate.
(1)
The applicant shall, on completion of the construction or
reconstruction of the hut for which the permit was issued, report the matter in
transparent paper typed or written in ink to the Secretary, specifying the date of
completion.
(2)
The Secretary shall, if satisfied that the construction or
reconstruction is as per the permit granted, issue occupancy certificate not
later than 10 days from the date of receipt of the report.
CHAPTER
XIX TELECOMMUNICATION
TOWERS
Rule - 130. Essentiality of permit.
No person shall erect or re-erect
any non-Governmental telecommunication tower [442][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 [443][or
telecommunication pole structures] from the Secretary.
NOTES
In Posidon Infrastructure Pvt.
Ltd. v. Sub Inspector of Police and Others, an application for permit to
construct mobile tower was submitted. It was held that based on the consent
letter of the owner of the property, permit for erection of mobile tower can be
granted. The formalities like registration of lease deed for leasing out the
premises can be done after construction of tower. It was also held that a third
party cannot obstruct the erection of mobile tower for the reason that lease
deed is not registered, hence Municipality could not have issued permit. In
such cases, Police protection can be granted. - 2012 (3) KHC 455 DB. [Essar
Telecom Infrastructure (P) Ltd. v. State of Kerala, 2011 (2) KHC 171 : [2011
(2) KLT 516 : 2011 (2) KLJ 335; (Paras 9, 12); Essar Telecom Infrastructure v.
C.I. of Police, Angamaly, 2010 (2) KHC 445 : 2010 (2) KLT 762 : ILR 2010 (2)
Ker. 592; (Para 16); Vodafone Essar Mobile Services Ltd. v. State of UP and
Others, 2011 (89) ALR 752; (Para 10) Referred to:].
In Essar Telecom Infrastructure
(P) Ltd. v. State of Kerala, with regard to the issue of erection of mobile
tower, the Court held as follows: "The instance of any health hazards has
to be established with reference to tangible materials and evidence has to be
let in; for which, it could be said that the matter may require to be
adjudicated before the Civil Court. But then, it is for the concerned party to
plead and prove as to the specific threat to the health hazards with reference
to reliable materials and also as to the alleged infringement of any statutory
prescription or violation of the norms prescribed. It is not for the
petitioners to prove a 'negative aspect' that there is no health hazard. When
the petitioners have prima facie established their right to construct and
operate the mobile transmission tower by obtaining all the required licences,
it is for the objectors, if any, to prove infraction of their right, if any,
and to show the dis-entitlement of the petitioners to establish a mobile tower,
by resorting to the remedy of approaching the licensing authorities or to
approach the Civil Court or by establishing their right in the writ petition
for police protection. If any such objection is found prima facie established,
this Court can certainly decline to grant police protection or in case the
respondent fails to prove their right by documentary evidence, could still
reserve his right to approach the Civil Court, as the burden to prove any such
infraction is on the objector who asserts any such right." - Posidon
Infrastructure Pvt. Ltd. v. Sub Inspector of Police and Others - 2012 (3) KHC
455 DB.
Construction of mobile tower
commenced and completed based on the interim orders of High Court, on the
premise that applicants are entitled to the benefit of deemed provision under
the Act. Later the Court held that deemed provision cannot be given effect to.
The question arose whether tower has to be demolished. In this case the court
held that the tower need not be demolished. Secretaries of the local
authorities concerned can take proceedings under Section 406(1) as provided in
law. - Wireless-TT Info Services Ltd. v. S.I. of Police and Others - 2011 (2)
KHC 536 (DB) : 2011 (2) KLT 820.
Construction commenced on the
premise that applicants are entitled to the benefit of deemed permit on the
expiry of 30 days from the non-consideration of the application. In this case
the secretary is entitled to proceed under Section 406 of the Kerala
Municipality Act and order for stoppage of work - Wireless-TT Info Services
Ltd. v. S.I. of Police and Others - 2011 (2) KHC 536 (DB) : 2011 (2) KLT 820.
Rule - 131. [Distance from road and boundaries.
(1)
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.
(2)
In addition to the distance specified under Sub-rule (1), set back
required for road widening proposed in any Town Planning Scheme shall also be
provided.
(3)
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 hand into the neighbouring plots.][444]
Rule - 132. Provisions regarding F.A.R. and height.
The provisions regarding FAR,
coverage, [445][height
restriction with regard to width of road and distance from the boundary
abutting road] distance from central line of road and dimension of parts of
building shall not apply to telecommunication towers or [446][pole structures
or accessory rooms such as equipment rooms, shelters or generator rooms]
[447][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 shown in Table 3 of Sub-rule (2) of Rule 32
and for exceeding the height restriction specified under Table 3 of the said
rule, clearance from the concerned airport authority shall be obtained and
produced before issuing permit.]
[448][Provided
further that additional distance from boundary abutting the road and other
boundaries of the plot proportionate to increase in height shall not be
necessary for the telecommunication tower or pole structures or accessory rooms
or for the building over which they are proposed.]
Rule - 133.[Accessory Rooms][449].
[450][(1)
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 structures 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.]
(2) The cabin may be made with any material but
the area of such cabin shall not exceed 15 Sq. mts.,
(3) Installation of electricity generator may be
allowed if the generator is covered with insulated sound-proof cabin.
(4) Every construction or installation ancillary
or necessary for the telecommunication system shall conform to the relevant rules
applicable to such construction or installation and licence or permit required
under such rules shall also be obtained.
(5) 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.
Rule - 134. 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.
Rule - 135. Protective Wall.
(1)
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.
(2)
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.
Rule - 136. 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.
Rule - 137. Warning lights and colour specifications.
(1)
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.
(2)
Every telecommunication tower shall be painted with international
orange and international transparent colours alternatively each with 5 metre band,
starting with international orange at the top.
Rule - 138. Damage and liability.
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.
Rule - 139. [Building to be authorised.
Erection of any telecommunication
tower or pole structures or accessory rooms shall be permitted only over
authorised buildings.][451]
Rule - 140. Clearance from Defence Establishment etc.
In case the erection of
telecommunication tower is proposed within 200 metres from any property
maintained by Defence Establishment or 100 metres from [452][any
rail way] clearance from the concerned officer in charge or authority, as the
case may be, shall also be obtained before issuing permit.
Rule - 140A. [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 or over any building irrespective of its
occupancy.][453]
Rule - 141. Submission of application and its disposal.
(1)
Application for permit shall be submitted to the Secretary in the
form in Appendix A along with two copies of site plan, location, elevation,
sections, [454][x x]
structural stability certificate, [455][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.
[456][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.]
[457][(2) xxx]
(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
one issued by an Engineer having [458][post
graduate degree in Civil Engineering or Structural Engineering], registered or
employed in Central or State Government Service or Quasi-Government
Organisation.
(6) Application fee shall be rupees one thousand
and permit fee shall be.-
(a)
for towers [459][of any
height], rupees ten thousand;
[460][(b) for
pole structures (one unit with any number of poles) rupees two thousand and
five hundred.]
[461][(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, plans and drawings and genuineness of the
certificates, issue permit, not later than 30 days from the date of receipt of
the application.
[462][(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.]
NOTES
A deemed permit as such is
contemplated in Section 392 of the Kerala Municipalities Act (KMA for short) in
respect of a building other than a hut and Section 401 of the KMA in the case
of a hut. The Procedure is to apply, wait for the period mentioned and upon
there being no decision taken to move the Council and it is only when the
Council also does not take a decision during the stipulated time that the law
provides for deemed permission or permit. This procedure is reflected in Rule
15 as also in Rule 126. Rule 141(8) of the KMBR only provides that the
Secretary is to issue a permit not later than 30 days if convinced of the
boundaries and ownership of the plot, plans and drawings and genuineness of the
certificates. Thus, Rule 141(8) only prescribes the duty to issue a permit it
the Secretary is convinced as contemplated in the provision. It cannot be
assumed that upon expiry of 30 days the Secretary is convinced of the
boundaries and ownership of the plot, plans and drawings and genuineness of the
certificates. - Wireless-TT Info Services Ltd. v. S.I. of Police and Others -
2011 (2) KHC 536 (DB) : 2011 (2) KLT 820.
There is no deemed permission
only on the basis of expiry of 30 days under Rule 141(8) of the KMBR and it is
not open to the rule maker to provide for consequences of a deemed permission
without following the procedure by which alone a deemed permission can be
obtained. Hence the petitioners cannot contend that they are entitled to
proceed on the basis of a deemed to permit upon the mere expiry of 30 days from
the date of submission of application under Rule 141 of the KMBR. We must
notice that the rule maker has treated cases falling under Rules 15 and 126 of
the Building Rules on the one hand on par with the cases covered under Rules 97
and 141 oblivious of the fundamental difference between the two categories of
cases and also the mandate of Section 392 of the Municipality Act. (Para 8) -
Wireless - TT Info Services Ltd. v. S.I. of Police and Others - 2011 (2) KHC
536 (DB) : 2011 (2) KLT 820.
Rule - 142. [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 certificates as in Form E and
Form F 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 H 22[not
later than fifteen 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:
[463][Provided
that if no such use certificate is issued within the said fifteen days, the
applicant/owner may proceed as if such use certificate has been duly issued to
him.]][464]
CHAPTER
XX REGULARISATION OF
UNPERMITTED CONSTRUCTIONS AND DEVIATIONS
Rule - 143. 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 [465][or
telecommunication tower or any structure or land development or any 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 construction
or reconstruction or addition or alteration of any building or digging of any
well shall not be in violation of any of the provisions of the Act or these
rules:
[466][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
construction or work was commenced, being carried on or completed after the
statutory period specified in Rules 15, 97, 126 or 141 and as per rules, such
construction or work shall be considered as duly permitted and not one
requiring regularisation.]
NOTES
The proviso to sub-rule (4) of
the Kerala Municipality Building Rules stipulates that in the case of deviated
or additional construction, only the area so deviated or added shall be
considered for the calculation of the compounding fee. It is thus evident from
sub-rule (4) of Rule 146 that in the case of deviations or additional
constructions, the deviated area or additional area alone can be taken into
account for the purpose of computing the compounding fee, which is double the
amount of the permit fee in force - Shivakumar C.R. and Another v. State of
Kerala and Others - 2010 (4) KHC 419.
In Rajasekharan Nair N. v. Arasi
Vijayakumar and Others, the court took the view that when a valid application
is received for regularisation of unauthorised construction, the secretary has
to forward the same to town Planner with his report. Application is to be
thereafter forwarded to Government along with the Town Planner's
recommendation. Once a valid application is received, Secretary cannot take a
decision on his own or decline to forward it to Government. - Rajasekharan Nair
N. v. Arasi Vijayakumar and Others - 2010 (4) KHC 129 (DB).
Basically, the right to approach
the Secretary for regularisation is an option provided under the statute to the
owner of the building which is constructed unauthorisedly or deviated from the
approved plan. Only when the person, against whom an action under Section
406(1) of the Kerala Municipalities Act is initiated, approaches the Secretary
with an application as contemplated under the proviso to Section 406(1)(iii)
complying with all the procedure contemplated in Chapter XX of the Building
Rules, the Secretary need to examine the scope for granting regularisation.
Then only the Secretary can take an appropriate decision based on the
particulars furnished in the application for regularisation and revised plan
submitted therewith, as to whether regularisation can be granted or refused.
While considering a question as to whether a provisional order issued for
demolition of the unauthorised construction need be confirmed or not, the
Secretary is not expected to arrive at any conclusion regarding regularisation,
without there being any such request submitted in accordance with the Building
Rules. Any decision with respect to grant of regularisation if taken without
compliance of the procedure in Rule 143 to 147 contained in Chapter XX of the
Building Rules cannot be sustained as proper and regular.-Sheela R. v.
Corporation of Thiruananthapuram and Others - 2009 (3) KHC 133.
Chap. XX R. 143, Chap. XX R. 144,
Chap. XX R. 145, Chap. XX R. 146, Chap. XX R. 147 Regularisation of unauthorised
construction Procedure to be
adopted Secretary is not expected to
arrive at any conclusion regarding regularisation of unauthorised construction
in the absence of any application for the same by the aggrieved person Municipality Act, 1994 (Kerala) S. 406 Sheela R. v. Corporation of
Thiruvananthapuram and Others 2009 (3)
KHC 133 : 2009 (3) KLT 197 : 2009 (2) KLJ 870 : ILR 2009 (3) Ker. 855 Dt.
24-06-2009.
It may be noticed that appellant
had managed to obtain building permit for construction of a three storied
building in the car parking area of the existing four storied hotel constructed
by him earlier. He had obtained the permit by playing fraud on the Corporation
and suppressing the fact that the plot for the proposed construction was a car
parking area. Significantly, the appellant had no explanation to offer on the
above aspect. The feeble attempt now being made by the appellant is only to
save the structure put up by him in the car parking area, by offering to
demolish those offensive portions, which admittedly are in violation of the
rules. But since the permit was obtained by the appellant by playing fraud on
the Corporation, the appellant cannot be heard to say that he should be allowed
to retain the building put up by him on the strength of the said permit. There
can be no regularisation of an unauthorised construction, which under normal
circumstances could never have come into existence; but for the fraud played on
the Corporation. Fruits of fraud shall never be allowed to be enjoyed even if
they are sweet and precious to the owner of the grove. - Lazer Robert T. v.
C.M. Mohammed Sheriff and Others - 2008 (4) KHC 1016.
Rule - 144. Submission of application and procedure for its disposal.
(1)
Application for regularisation shall be submitted in the form in
Appendix A.
(2)
The application for regularisation 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 - 145. Application fee.
The application fee shall be as
specified in Schedule I.
Rule - 146. Decision to be intimated.
(1)
The Secretary shall by written order either grant or refuse to
grant regularisation.
(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-I
absolving the person from all liabilities and regularising the construction,
and record the details thereof in a register to be kept as a permanent
documents in the form in Appendix-J.
[467][(4) The
compounding fee shall be double the amount of 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 [468][x x]
may be refused.
Rule - 147. Demolition of buildings not regularised.
(1)
Where the owner fails to demolish [469][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, [470][the
Secretary shall himself cause] the building or part thereof demolished or the
well filled up as the case may be, and the expenses therefore 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 in sub-rule (1), Secretary may
also take prosecution proceedings against the owner.
CHAPTER XXI REGISTRATION
OF ARCHITECTS, ENGINEERS, TOWN PLANNERS, ETC.
Rule - 148. 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
Architect, [471][Building
Designer], Engineer, Town Planner or Supervisor such Architect, [472][Building
Designer], Engineer, Town Planner or Supervisor shall be a person registered or
deemed to have been registered under the provisions in this chapter.
Rule - 149. [Registering Authority.
The Regional Joint Directors of
Municipal Administration shall be the Registering Authority for the respective
regions of the State.][473]
Rule - 150. Application and procedure for registration.
(1)
Any person having the
requisite qualification may submit an application for registration in the form
in Appendix-K.
(2)
A person employed in the
service of Government or Quasi-Government or Government owned Corporation or
Board, Authority or Government Companies or Banks are not eligible for
registration:
Provided that paid Apprentices under
the Apprentices Act are [474][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.
(4)
The registering Authority
shall, if convinced of the genuineness of the documents, issue registration
certificate in the form in Appendix-M after collecting the registration fee.
(5)
The registration once made
shall be valid for [475][four
years] from the date of certificate and 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:
Provided that a licence issued under
the Kerala Building Rules, 1984 shall be deemed to have been issued under these
rules and shall continue to be valid for the period for which that licence was
issued and the holder of the said licence shall be eligible for registration
under these rules.
[476][(6) The fee for registration and
renewal shall be the same and shall be at the rates shown below:
Architect A |
? 6000 |
Building Designer |
? 5000 |
Engineer A |
? 6000 |
Engineer B |
? 5000 |
Town Planner A |
? 6000 |
Town Planner B |
? 5000 |
Supervisor A |
? 3000 |
Supervisor B |
? 2000] |
Rule - 151. 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-L.
Rule - 152. 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 - 153. 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 and any direction issued by Government or Municipality and a
certificate to that effect shall be recorded and signed in the plans and
drawings.
(2)
A certificate of
verification of site shall be recorded and signed in the site plan.
(3)
Plans and drawings shall
only be prepared after inspecting the site and convinced of the boundaries.
(4)
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.
(5)
Function shall be
restricted to the category on which registration is obtained.
(6)
Any person violating the
rules under this chapter shall be liable to action under sub rules (7) and (8).
(7)
The Registering Authority
may, on complaint by any person or on report from any Municipality or suo motu
take action against any person registered, for violating any of the provisions
under these rules.
(8)
The Registering Authority
may, if convinced on enquiry the person against whom action has been taken
under sub-rule (7) 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 [477][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.
(9)
Any person aggrieved by
the decision of the Registering Authority under sub-rule (8) may appeal to
Government within 30 days from the date of receipt of the decision.
(10)
The appeal shall be
submitted in transparent paper stating the reasons therefore, typed or written in
ink, affixed with necessary court fee stamp, along with copy of the order of
registering authority.
(11)
Government shall dispose
of the appeal within 60 days after hearing the appellant in person or by
authorised representative.
CHAPTER
XXII ART
AND HERITAGE COMMISSION
Rule - 154. Constitution of the Commission.
(1)
Government may constitute an Art and Heritage Commission for the
State.
(2)
The Commission shall consist of:-
(i)
Secretary, Local Self Government Departments who shall be the
Chairman;
(ii)
Director of Panchayats;
(iii)
Director of Municipal Administration;
(iv)
Chief Town Planner;
(v)
Director, Archaeology Department;
(vi)
Chief Engineer (Buildings), PWD; and
(vii)
Two persons having knowledge and experience in Art, Architecture
or History, nominated by Government.
Rule - 155. Functions of the Commission.
(1)
Function of the Commission shall be-
(i)
to identify areas of heritage and monuments to be preserved;
(ii)
to identify areas of architectural importance and building to be
preserved;
(iii)
to identify places or streets where a particular form of or group
of architectural forms of buildings alone may be permitted and to prepare model
plans, elevations, etc.; for that place or street;
(iv)
to examine architectural features in respect of any building or
parts thereof or their aesthetic vis-a-vis the existing structures in a
particular area or street;
(v)
to advise Government or Municipality on any subject mentioned
above and referred to it; and
(vi)
to submit periodical reports.
[478][(2) (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
and developments, uses and constructions including additions, alterations
demolitions etc., within the areas identified or advised by the commission as
having heritage value.
(ii) The municipality shall seek
such recommendations of the commission, and the recommendations of the
commission shall be binding to the Municipality including any particular
architectural or aesthetic form of construction in the case of land
developments and constructions in such area.]
CHAPTER
XXIII VIGILANCE,
DANGEROUS AND DEFECTIVE WORKS, APPEAL, ETC.
Rule - 156. 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 30
days or 14 days 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
unauthorised 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 application 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 - 157. Vigilance Squad.
(1)
There shall be a vigilance squad in every District to detect,
prevent and report on the illegal construction.
(2)
Regional Joint Director of Municipalities having jurisdiction in
the District, Town Planner in the Town and country Planning Department having
jurisdiction in the district [479][and
the officer or officers who may be nominated by Government from time to time]
shall form the squad.
(3)
The district Police officer shall render all assistance to the
squad, if so requested, for discharging their duties.
(4)
The vigilance squad shall send detailed report to Government
regarding all the illegal constructions detected together with a description of
the action taken thereon within a week.
[480][(5)
Government may also authorise any officer(s) to perform the functions entrusted
to the squad. Such officer(s) may also inspect site, verify records and or
conduct such enquiries as required and furnish report to the Government. Such
officer(s) may, at the time of inspection, inform the Secretary, in writing,
the illegal constructions noted.]
Rule - 158. 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 [481][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 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 - 159. Penalty for unlawful building.
(1)
The owner of a building or well or a person to whom notice is
issued under these rules shall, where the construction or reconstruction of
such [482][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
thereunder 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 [483][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
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 - 160. 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 [484][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.
[485][(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;]
Rule - 161. [Removal of doubts, etc.
The Government shall have power,
it 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.][486]
[1] Published
in Kerala Gazette Extraordinary No. 1786 dt. 1-10-1999 under G.O.(Ms) No.
188/99/LSGD.
[2] Came into
force on 1-10-1999.
[3] Clause
(ia) inserted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[4] Clause
(n) substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001, Prior to the
substitution clause (n) read as under:
"(n) 'carpet area' means usable floor area excluding
staircases, lift wells, escalators, ducts, toilets and air condition plant room
or electrical control room;"
[5] Note
substituted by S.R.O. No. 336/2001, w.e.f. 30-3-2001. Prior to the substitution
it read as under:
"Note:- In calculating carpet area, for avoiding the area of
wall, twenty percent of the floor area, shall be deducted from the total floor
area,"
[6] Added by
S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[7] Inserted
by SRO. No. 80/2013, w.e.f. 5-2-2013.
[8]
Substituted for the words "water pool" by S.R.O. No. 170/2001, w.e.f.
22-2-2001.
[9]
Substituted for the words "convert" by S.R.O. No. 170/2001, w.e.f.
22-2-2001.
[10] Inserted
by G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009 as S.R.O. No. 1070/2009 in K.G.
Ext. No. 2345, w.e.f. 16-12-2009.
[11] Inserted
by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[12] The words
"and construction of wells" omitted by S.R.O. No. 170/2001, w.e.f.
22-2-2001.
[13] Note
substituted by S.R.O. No. 336/2001, w.e.f. 30-3-2001.
[14] The words
"outside of an" omitted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[15] Inserted
by G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009 as S.R.O. No. 1070/2009 in K.G.
Ext. No. 2345, w.e.f. 16-12-2009.
[16] Clause
(aq) substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001. Prior to the
substitution clause (aq) read as under:
"(aq) 'height of building' means,-
(i) in the case of flat roofs, the vertical distance measured from
the ground level to the highest point of the building;
(ii) in the case of pitched roofs, the vertical distance measured
from the ground level upto the point where the external surface of the outer
wall intersect the finished surface of the slopping roof;
(iii) in the case of gabled roofs, the vertical distance from the
ground level upto the mid-point of the highest point of the side wall and the
ridge of the roof; and
(iv) in the case of the dommed roof, the vertical distance from
the ground level to the highest point of the dome;"
[17]
Substituted for the words "the ground contiguous to the building" by
SRO. No. 80/2013, w.e.f. 5-2-2013.
[18]
Substituted for the words "from the lowest point of the building touching
the ground surface and if any of the floor comes below the ground surface, from
the lowest floor level" by G.O.(Ms.) No. 128/2010/LSGD dt. 21-06-2010 as
S.R.O. No. 591/2010.
[19]
Substituted for "lowest point on the ceiling" by S.R.O. No. 336/2001,
w.e.f. 30-3-2001.
[20] Added by
G.O.(Ms.) No. 128/2010/LSGD dt. 21-06-2010 as S.R.O. No. 591/2010.
[21] Clause
(as) substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001. Prior to the
substitution clause (as) read as under:
"(as) 'hut' means any building constructed wholly with
country burned brick in mud mortar, sundried bricks, mud, wood, bamboo, thatch,
tile, light roof, asbestos, cement sheet or with any of them;"
[22] Inserted
by G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009 as S.R.O. No. 1070/2009 in K.G. Ext.
No. 2345, w.e.f. 16-12-2009.
[23] Clause
(aua) inserted by SRO. No. 80/2013, w.e.f. 5-2-2013.
[24] Clause
(ava) inserted by SRO. No. 170/2001, w.e.f. 22-2-2001.
[25]
Substituted for "as declared" by S.R.O. No. 170/2001, w.e.f.
22-2-2001.
[26] inserted
by G.O. (Ms.) No. 179/2009/LSGD dt. 4-2-2010 as S.R.O. No. 120/2010, in K.G.
Ext. No. 278, w.e.f. 4-2-2010.
[27] Inserted
by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[28] Clauses
(bga) to (bgd) inserted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[29]
Substituted for "at the junctions of and fronting on" by S.R.O. No.
336/2001, w.e.f. 30-3-2001.
[30] Added by
S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[31] Inserted
by S.R.O. No. 80/2013, w.e.f. 5-2-2013.
[32] Clause
(bma) and (bmb) inserted by SRO. No. 80/2013, w.e.f. 5-2-2013.
[33] Inserted
by G.O.(Ms.) G.O. (Ms.) No. 128/2010/LSGD dt. 21-06-2010 as S.R.O. No.
591/2010.
[34] Clause
(bta) inserted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[35] Added by
S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[36] Clause
(bxa) inserted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[37] The word
"temporary" omitted by S.R.O. No. 336/2001, w.e.f. 30-3-2001.
[38]
Substituted for "sunshade" by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[39] Clause
(cga) inserted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[40] Clause
(cha) inserted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[41] Clause
(cia) inserted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[42] Clauses
(d) & (e) added by S.R.O. No. 170/2001. w.e.f. 22-2-2001.
[43] Clause
(e) omitted by S.R.O. No. 336/2001, w.e.f. 30-3-2001. Prior to the omission it
read as under:
"(e) where the whole or any part of a building is removed,
the rules shall apply to all parts of the building whether removed or not"
[44] Item
(iii) substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[45] Inserted
by G.O. (Ms.) No. 128/2010/LSGD dt. 21-06-2010 as S.R.O. No. 591/2010.
[46] Omitted
the words 'in force' by G.O. (Ms.) No. 128/2010/LSGD dt. 21-06-2010 as S.R.O.
No. 591/2010.
[47] Inserted
by G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009 as S.R.O. No. 1070/2009 in K.G.
Ext. No. 2345, w.e.f. 16-12-2009.
[48]
"Rule 3B" substituted by G.O. (Ms.) No. 128/2010/LSGD dt. 21-06-2010
as S.R.O. No. 591/2010. Prior to the substitution it read as under:
"Application of National Building Code of India.-Any item not
dealt with specifically in these rules shall be strictly in conformity with the
provisions contained in the National Building Code of India published by the
Bureau of Indian Standards as amended from time to time."
[49] Rule 3C
inserted by SRO. No. 80/2013, w.e.f. 5-2-2013.
[50] Provisos
omitted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[51] Inserted
by G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009 as S.R.O. No. 1070/2009 in K.G.
Ext No. 2345, w.e.f. 16-12-2009.
[52]
Substituted for "Appendix A" by S.R.O. No. 170/2001, w.e.f.
22-2-2001.
[53] Added by
S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[54] Omitted
by G.O. (Ms.) No. 128/2010/LSGD dt. 21-06-2010 as S.R.O. No. 591/2010. Prior to
the omission it read as under:
"(1a) In the case of earth work excavations, if the depth of
excavation is greater than the horizontal distance from the nearest boundary to
the place of excavation, the written consent of the owner (s) of the adjoining
land shall be obtained by the owner and produced along with such applications.
The person causing excavation shall, before starting the work, give adequate
notices in writing to the owner of the adjoining properties, safety of which is
likely to be affected due to excavation. After having given such notices,
wherein details regarding the type of protective works that are anticipated to
be incorporated in the excavation are shown, written permission shall again be
obtained for such excavation, from the owners of the adjoining property and
shall be produced before the Secretary prior to commencement of the work. Where
necessary, the person causing excavation shall make adequate provision to
protect the safety of adjacent property."
[55] Sub-rule
(1a) inserted by SRO. No. 80/2013, w.e.f. 5-2-2013.
[56]
Substituted for "shall submit to the Secretary" by S.R.O. No.
170/2001, w.e.f. 22-2-2001.
[57]
Substituted for "any property maintained by Railways" by S.R.O. No.
170/2001, w.e.f. 22-2-2001.
[58] Inserted
by SRO No. 266/2006, w.e.f. 27-3-2006.
[59] Inserted
by G.O. (Ms.) No. 128/2010/LSGD dt. 21-06-2010 as S.R.O. No. 591/2010.
[60] Sub-rule
(8) substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[61] The words
"lay out" substituted by G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009
as S.R.O. No. 1070/2009 in K.G. Ext. No. 2345, w.e.f. 16-12-2009.
[62] Inserted
by G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009 as S.R.O. No. 1070/2009 in K.G.
Ext. No. 2345 w.e.f. 16-12-2009.
[63] Added by
S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[64] Added by
S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[65] Added by
S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[66] Inserted
by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[67] Added by
S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[68]
Substituted for "any railway boundary" by S.R.O. No. 336/2001.
Previously substituted for "any property maintained by Railway
Authority" by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[69] Added by
S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[70] Sub rule
(1a) omitted by G.O. (Ms.) No. 128/2010/LSGD dt. 21-06-2010 as S.R.O. No.
591/2010. Prior to omission it read as under
"(1a) In the case of earth work excavations, if the depth of
excavation is greater than the horizontal distance from the nearest boundary to
the place of excavation, the written consent of the owner(s) of the adjoining
property shall be obtained by the owner and produced along with such
applications. The person causing excavation shall, before starting the work,
give adequate notices in writing to the owner of the adjoining properties,
safety of which is likely to be affected due to excavation. After having given
such notices, wherein details regarding the type of protective works that are
anticipated to be incorporated in the excavation are shown, written permission
shall again be obtained for such excavation from the owners of the adjoining
property and shall be produced before the Secretary prior to commencement of
the work. Where necessary, the person causing excavation shall make adequate
provision to protect the safety of adjacent property.
[71] Sub-rule
(1a) inserted by SRO. No. 80/2013, w.e.f. 5-2-2013.
[72]
Substituted for "shall submit to the Secretary" by S.R.O. No.
170/2001, w.e.f. 22-2-2001.
[73]
Substituted for "property maintained by Railways" by S.R.O. No.
170/2001, w.e.f. 22-2-2001.
[74] Inserted
by SRO No. 266/2006, w.e.f. 27-3-2006.
[75] Inserted
by G.O. (Ms.) No. 128/2010/LSGD dt. 21-06-2010 as S.R.O. No. 591/2010.
[76] The words
"or alteration or addition or extension of existing building" omitted
by SRO. No. 80/2013, w.e.f. 5-2-2013.
[77]
Substituted by G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009 as S.R.O. No.
1070/2009 in K.G. Ext. No. 2345, w.e.f. 16-12-2009. Prior to the substitution
it read as under:
"(8) If the application is for approval of plot or building
requirements and for the usage of plot, the Secretary shall forward the same to
the Chief Town Planner or the District Town Planner concerned with his
remarks."
[78]
Substituted for "1:4000" by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[79] Item (i)
substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[80] Item (v)
omitted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[81] Item (x)
substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[82] Item (iv)
substituted by S.R.O. No 170/2001, w.e.f. 22-2-2001.
[83] Inserted
by G.O. (Ms.) No. 128/2010/LSGD dt. 21-06-2010 as S.R.O. No. 591/2010.
[84] Added by
S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[85]
Substituted for "side plan" by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[86] Added by
S.R.O. No. 170/2001. w.e.f. 22-2-2001.
[87] The word
"ratio" omitted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[88] Omitted
by G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009 as S.R.O. No. 1070/2009 in K.G.
Ext. No. 2345, wet. 16-12-2009. Prior to the omission it read as under:
"(ii) all internal sanitary shafts, air conditioning ducts
and lifts shall be included in all the floor levels;"
[89] Sub-item
(iii) substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001. Prior to the
substitution it read as under:
"(iii) if open verandas with parapets are provided at the
ground floor, projecting out of the building surface, the full floor area shall
be taken at the outer line of the external veranda lintel and 50% of the area
shall be taken, if there are no sunshades or balconies projecting to project
the verandas; and"
[90] Sub-item
(ii) substituted by S.R.O. No 170/2001, w.e.f. 22-2-2001. Prior to the
substitution it read as under:
"(ii) in the case of projecting balconies protected by full
width sunshades or full width roof projectors or by upper balconies, their full
area may be included in the floor area and in the cases of unprotected
balconies 50% area may be included."
[91] Item (e)
added by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[92] The word
"following" omitted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[93] Proviso
omitted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[94] Inserted
by S.R.O. No 170/2001, w.e.f. 22-2-2001.
[95] Item (x)
added by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[96]
Substituted for "such alterations" by S.R.O. No. 170/2001, w.e.f.
22-2-2001.
[97]
Substituted for "within" by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[98] Proviso
added by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[99] The words
"No construction shall be carried out above the ground level until the
Secretary issues such concurrence as in Appendix C1" omitted by SRO. No.
80/2013, w.e.f. 5-2-2013.
[100] Inserted
by G.O. (Ms.) No. 128/2010/LSGD dt. 21-06-2010 as S.R.O. No. 591/2010.
[101] Proviso
added by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[102] Inserted
by SRO. No. 80/2013, w.e.f. 5-2-2013.
[103] Sub-rule
(4) substituted by SRO. No. 80/2013, w.e.f. 5-2-2013. Prior to the substitution
it read as under:
"(4) The Secretary shall, on application submitted within one
year of the expiry of the permit, grant renewal, once, for a period of three
years."
[104] Rule 15A
inserted by S.R.O No. 170/2001, w.e.f 22-2-2001.
[105]
Substituted for "the regularisations" by S.R.O. No. 170/2001, w.e.f.
22-2-2001.
[106]
Substituted for "made by any person" by S.R.O. No. 170/2001, w.e.f.
22-2-2001.
[107] The words
"if required" omitted by G.O. (Ms.) No. 128/2010/LSGD dt. 21-06-2010
as S.R.O. No. 591/2010.
[108]
Substituted for "alteration of any building" by S.R.O. No. 170/2001,
w.e.f. 22-2-2001.
[109]
Substituted for "alteration of building" by S.R.O. No. 170/2001,
w.e.f. 22-2-2001.
[110] Inserted
by G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009 as S.R.O. No. 1070/2009 in K.G.
Ext. No. 2345, w.e.f. 16-12-2009.
[111]
Substituted for "alteration within a period" by S.R.O. No. 170/2001,
w.e.f. 22-2-2001.
[112] Added by
G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009 as S.R.O. No. 1070/2009 in K.G.
Ext. No. 2345, w.e.f. 16-12-2009.
[113] Inserted
by G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009 as S.R.O. No. 1070/2009 in K.G.
Ext. No. 2345, w.e.f. 16-12-2009.
[114] The words
"to demolish the building *[or structure or to fill up the well"
substituted by G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009 as S.R.O. No.
1070/2009 in K.G. Ext. No. 2345, w.e.f. 16-12-2009.
[115]
Substituted for "erection of the building" by S.R.O. No. 170/2001,
w.e.f. 22-2-2001,
[116] The word
"him" substituted by G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009 as
S.R.O. No. 1070/2009 in K.G. Ext. No. 2345, w.e.f. 16-12-2009.
[117] The words
"for which the permit has been granted" omitted by S.R.O. No.
170/2001, w.e.f. 22-2-2001.
[118] Item (e)
and the proviso omitted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[119]
Substituted for "Appendix G" by S.R.O. No. 170/2001, w.e.f.
22-2-2001.
[120] Inserted
by S.R.O. No. 170/2001. w.e.f. 22-2-2001.
[121]
Substituted for "aspects of the construction" by S.R.O. No. 170/2001,
w.e.f. 22-2-2001.
[122] Inserted
by G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009 as S.R.O. No. 1070/2009 in K.G.
Ext. No. 2345, w.e.f. 16-12-2009.
[123] Omitted
by G.O. (Ms.) No. 128/2010/LSGD dt. 21-06-2010 as S.R.O. No. 591/2010. Prior to
the omission it read as under:
"(7b) Compensation shall be given by the owner and or
developer to the victims in case adequate protective measures are not
provided."
[124]
Substituted by G.O. (Ms.) No. 128/2010/LSGD dt. 21-06-2010 as S.R.O. No.
591/2010. Prior to the substitution it read as under:
"(7c) If the owner engages any developer or developers at any
time for the construction, reconstruction, repairs, additions or alterations of
buildings or development or redevelopment of land, the same shall be intimated
within a week from the date of agreement (executed between the owner and the
developer) with a copy of the agreement to the Secretary both by the owner and
the developer
Provided that if such agreement is executed prior to the
submission of application for permit, the same shall be intimated along with
the copy of the agreement at the time of submission of the application."
[125] The words
"audio, visual and print media or" omitted by G.O. (Ms.) No.
128/2010/LSGD dt. 21-06-2010 as S.R.O. No. 591/2010.
[126] The words
"or hoardings" omitted by G.O. (Ms.) No. 128/2010/LSGD dt. 21-06-2010
as S.R.O. No. 591/2010.
[127] Proviso
omitted by G.O. (Ms.) No. 128/2010/LSGD dt. 21-06-2010 as S.R.O. No. 591/2010.
Prior to the omission it read as under:
"Provided that if any such advertisements are made in
contravention to the above, the Secretary or the Government may interfere in
the matter."
[128] Added by
G.O. (Ms.) No. 128/2010/LSGD dt. 21-06-2010 as S.R.O. No. 591/2010.
[129]
Substituted for "one or two dwelling units" by S.R.O. No. 170/2001,
w.e.f. 22-2-2001.
[130] Added by
S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[131] Proviso
substituted by SRO. No. 80/2013, w.e.f. 5-2-2013. Prior to the substitution it
read as under:
"Provided 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."
[132]
Substituted for "in the provisions of roads," by S.R.O. No. 170/2001,
w.e.f. 22-2-2001.
[133] Clause
(4a) inserted by SRO. No. 80/2013, w.e.f. 5-2-2013
[134]
Substituted for "or specified in the Indian Electricity Rules" by
S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[135] Proviso
added by S.R.O. No 170/2001, w.e.f. 22-2-2001.
[136] Sub-rule
(6) omitted by S.R.O. No. 170/2001, w.e.f. 22-2-2001. The omitted sub-rule (6)
read as under:
"(6) The provisions contained in sub-rule (1) or sub-rule (2)
shall apply invariably to all buildings where the front, rear and side yard
abuts a street or gain access through a street."
[137] Proviso
substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[138] Provisos
and note substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001
[139] The words
and figures "at a height of 2.20" substituted by G.O. (Ms.) No.
249/2009/LSGD dt. 16-12-2009 as S.R.O. No. 1070/2009 in K.G. Ext. No. 2345,
w.e.f. 16-12-2009.
[140] Sub-rule
(5) and provisos substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[141] The words
"at a height of substituted by G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009
as S.R.O. No. 1070/2009 in K.G. Ext. No. 2345, w.e.f. 16-12-2009.
[142] Provisos
substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[143] Sub-rule
(7) substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[144] The word
"Proportionate" omitted by G.O. (Ms.) No. 249/2009/LSGD dt.
16-12-2009 as S.R.O. No. 1070/2009 in K.G. Ext. No. 2345, w.e.f. 16-12-2009.
[145] Inserted
by G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009 as S.R.O. No. 1070/2009 in K.G.
Ext. No. 2345, w.e.f. 16-12-2009.
[146] The word
"may" substituted by G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009 as
S.R.O. No. 1070/2009 in K.G. Ext. No. 2345, w.e.f. 16-12-2009.
[147] The words
"or for corresponding floor at their level" omitted by G.O. (Ms.) No.
249/2009/LSGD dt. 16-12-2009 as S.R.O. No. 1070/2009 in K.G. Ext. No. 2345,
w.e.f. 16-12-2009.
[148] Added by
SRO. No. 80/2013, w.e.f. 5-2-2013.
[149] Sub-rule
(9) omitted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[150] Provisos
substituted by S.R.O. No. 170/2001. w.e.f. 22-2-2001.
[151]
Substituted by G.O. (Ms.) No. 128/2010/LSGD dt. 21-06-2010 as S.R.O. No.
591/2010. Prior to the substitution it read as under:
"(12) The front, rear and side open spaces as stipulated in
these rules shall also be applicable for constructions below the ground level
(basement floor etc.)"
[152] The
figure "5.5" substituted by G.O. (Ms.) No. 128/2010/LSGD dt.
21-06-2010 as S.R.O. No. 591/2010.
[153] Provisos
substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[154] Omitted
by G.O. (Ms.) No. 128/2010/LSGD dt. 21-06-2010 as S.R.O. No. 591/2010. Prior to
the omission it read as under:
"Provided also that in the case of the above two provisos,
the length of cul-de sac or the length of lane shall be that exceeding the
length of the plot in which construction is proposed."
[155] Inserted
by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[156] Omitted
the words "Notwithstanding anything contained in these rules" by
S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[157] Provisos
substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001. Prior to the substitution
it read as under: "Provided that any addition or extension to a building
beyond the 3 metres from such plot boundary may be permitted if the portion
existing within the 3 metres when demolished for implementing any town planning
scheme will not badly affect the remaining portion or the new addition or
extension proposed and the applicant submits an undertaking that he shall be
fully responsible for the safety and stability of the building:
Provided further that such added or extended portion shall conform
to all provisions in these rules:
Provided also that for calculating floor area ratio, area of
existing building including the portion within such 3 metres and the proposed
addition or extension shall be taken into account."
[158] Inserted
by G.O. (Ms.) No. 128/2010/LSGD dt. 21-06-2010 as S.R.O. No. 591/2010.
[159]
Substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001. Prior to the substitution
it read as under:
"(i) every plot shall have an average width of not less than
6.0 m and an average depth of not less than 12.0 metres; Provided that for row
housing where side open spaces are not required, building plots shall have an
average width of not less than 4.5 metres and an average depth of not less than
10.0 metres:
Provided further that the area of any newly sub-divided plot,
reconstituted plot or building plot shall not be less than 1.25 metres:"
[160] The words
"in the layout and the street giving access to the land proposed for
subdivision from the main street" inserted by SRO No. 1070/2009 dt.
16-12-2009.
[161] The words
"and the street giving access to the land proposed for subdivision from
the main street" omitted by G.O. (Ms.) No. 128/2010/LSGD dt. 21-06-2010 as
S.R.O. No. 591/2010.
[162] Provisos
substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001. Prior to the substitution
it read as under:
"Provided that in the case of cul-de-sac with length not
exceeding 150 metres, the width shall not be less than 5 metres and with length
not exceeding 25.0 metres, the width shall not be less than 3 metres:
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 5.0 metres: Provided also that in the case of street mentioned in
the second proviso, having length less than 150 metres, the width of street
shall not be less than 3.0 metres;"
[163] Inserted
by G.O. (Ms.) No. 128/2010/LSGD dt. 21-06-2010 as S.R.O. No. 591/2010.
[164] Inserted
by S.R.O. No. 1070/2009 in K.G. Ext. No. 2345, w.e.f. 16-12-2009.
[165]
Substituted by G.O. (Ms.) No. 128/2010/LSGD dt. 21-06-2010 as S.R.O. No.
591/2010. Prior to the substitution it read as under:
"(ix) in the case of development permits, approval of the
District Town Planner shall be obtained for land upto 0.5 hectares in area and
approval of the Chief Town Planner shall be obtained for land exceeding that
area] However, approval of the District Town Planner is not required for plot
sub divisions if the total extent of land is upto 20 ares and the number of
plots does not exceed 10;"
[166] Inserted
by G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009 as S.R.O. No. 1070/2009 in K.G.
Ext. No. 2345, w.e.f. 16-12-2009.
[167]
Substituted for "by the Secretary" by S.R.O. No. 170/2001, w.e.f.
22-2-2001.
[168]
Substituted for "Group F1 and Group F2" by S.R.O. No. 170/2001,
w.e.f. 22-2-2001.
[169]
Substituted for "Group I" by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[170]
Substituted by G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009 as S.R.O. No.
1070/2009 in K.G. Ext. No. 2345, w.e.f. 16-12-2009. Prior to the substitution
it read as under:
*"(iii) Any building/building complex which accommodates more
than one use comprising the occupancy groups of A1-Residential, A2-Special
Residential, D-Assembly, E-Office or Business and F-Mercantile is also
permitted in plots having minimum extent of 0.50 hectares, under a single
ownership."
[171]
Substituted for "with cooking" by S.R.O. No. 170/2001, w.e.f.
22-2-2001.
[172]
Substituted for "50 sq metres area" by S.R.O. No. 170/2001, w.e.f.
22-2-2001.
[173] Omitted
by G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009 as S.R.O. No. 1070/2009 in K.G.
Ext. No. 2345, w.e.f. 16-12-2009. Prior to the omission it read as under:
*"Further, lodging or rooming houses, tourist homes,
dormitories, hostels and hotels not exceeding 150 sq. meters floor area are
included in this group."
[174] Inserted
by G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009 as S.R.O. No. 1070/2009 in K.G.
Ext. No. 2345 w.e.f. 16-12-2009.
[175]
Substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[176] The words
"exceeding 150 sq. metres floor area" omitted by G.O. (Ms.) No. 249/2009/LSGD
dt. 16-12-2009 as S.R.O. No. 1070/2009 in K.G. Ext. No. 2345, w.e.f.
16-12-2009.
[177]
Substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[178] Item (c)
substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[179] Items (e)
& (f) substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[180]
Substituted for "300 Sq. metres" by SRO No. 1070/2009 dt. 16-12-2009.
[181] Added by
G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009 as S.R.O. No. 1070/2009 in K.G.
Ext. No. 2345, w.e.f. 16-12-2009.
[182]
Substituted for "Group F1" by S.R.O. No. 170/2001. w.e.f. 22-2-2001.
[183]
Substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[184] Note (i)
substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[185] The word
and letter "Group C" substituted by G.O. (Ms.) No. 249/2009/LSGD dt.
16-12-2009 as S.R.O. No. 1070/2009 in K.G. Ext. No. 2345. w.e.f. 16-12-2009.
[186] The
letter "D" omitted by G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009 as
S.R.O. No. 1070/2009 in K.G. Ext. No. 2345, W.e.f. 16-12-2009.
[187] Item (h)
omitted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[188] Items (i)
(j) & (k) substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[189] Inserted
by SRO. No. 80/2013, w.e.f. 5-2-2013.
[190] The words
"10 but not exceeding" omitted by S.R.O. No. 170/2001, w.e.f.
22-2-2001.
[191] The words
"2 but less than" omitted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[192] The words
"2 but not exceeding" omitted by S.R.O. No. 170/2001, w.e.f.
22-2-2001.
[193]
Substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[194] Omitted
the words "buildings and yards used for" by S.R.O. No. 170/2001,
w.e.f. 22-2-2001.
[195] Inserted
by SRO. No. 80/2013, w.e.f. 5-2-2013.
[196] The word
"petrol" substituted by G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009
as SRO. No. 1070/2009 in K.G. Ext. No. 2345, w.e.f. 16-12-2009.
[197] Sub item
(vi) omitted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[198] The FAR
has been modified for cities of TVPM, KOCHI, KOZHIKODE, KOLLAM by the
notification of its respective zoning regulations, the text of which is given
towards the end portion of the book. Also refer the chapter on FAR later in the
book.
[199]
Substituted for "plinth area of the building" by S.R.O. No. 170/2001,
w.e.f. 22-2-2001.
[200] Table 2
substituted by SRO. No. 80/2013, w.e.f. 5-2-2013. Prior to the substitution
Table 2 as substituted by SRO No. 591/2010, dt. 21-6-2010 read as under:
TABLE 2
COVERAGE AND FLOOR AREA RATION (F.A.R.)
Maximum permissible F.A.R. |
|||||
Sl. No. |
Occupancy |
Maximum Permissible coverage (percentage of plot area) |
Without additional fee |
With additional feeat the rate of Rs. 500per sq. metresoff
additionalfloor area |
With additional feeat the rate ofRs. 1000 per sq.metres of
additionalfloor area |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
1. Residential A1 |
|
|
|
|
|
(a) |
Upto 300 sq. metres |
65 |
2.75 |
.. |
.. |
(b) |
More than 300 sq. metres with number of dwelling units in
the range: |
|
|
|
|
(i) |
1-5 |
65 |
|
|
|
(ii) |
6-50 |
60 |
|
|
|
(iii) |
51-100 |
55 |
1.50 |
2 |
2.75 |
(iv) |
101-200 |
50 |
|
|
|
(v) |
above 200 |
45 |
|
|
|
2. |
Special Residential A2 |
60 |
1.50 |
2 |
2.50 |
3. |
Educational B |
30 |
1.20 |
|
1.50 |
4. |
Medical/Hospital C |
30 |
100 |
1.2 |
1.50 |
5. |
Assembly D |
40 |
0.70 |
1.0 |
|
6. |
Office/Business E |
40 |
150 |
2.0 |
2.50 |
7. |
Mercantile/Commercial F |
60 |
2.00 |
|
2.50 |
8. |
Industrial G1 |
40 |
1.20 |
|
1.50 |
9. |
Small Industrial G2 |
60 |
2.00 |
|
2.50 |
10. |
Storage H 70 |
2.00 |
|
2.00 |
2.50 |
11. |
Hazardous I(1) |
30 |
0.70 |
|
1.0 |
12. |
Hazardous I(2) |
25 |
0.70 |
- |
|
Substituted by G.O. (Ms.) No. 128/2010/LSGD dt. 21-06-2010 as
S.R.O. No. 591/2010. Prior to the substitution The "Table II as substituted
by S.R.O. No. 170/2001 is as under:
[TABLE 2
COVERAGE AND FLOOR AREA RATION (F.A.R.)
Sl. No. |
Occupancy |
Maximum Permissiblecoverage (percentage of plot area) |
Withoutadditionalfee |
Maximum permissible F.A.R.With additional fee at the rate
of Rs. 500per sq. metresoff additionalfloor area |
With additional feeat the rate ofRs. 1000 persq.metres of
additionalfloor area |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
1. |
|
Residential A1 |
|
||
(a) |
Upto 300sq. metres |
65 |
2.75 |
||
(b) |
More than 300 sq. metres with number units in the range: |
|
|
|
|
(i) |
1-5 |
65 |
|
|
|
(ii) |
6-50 |
60 |
|
|
|
(iii) |
51-100 |
55 |
1.50 |
2 |
2.75 |
(iv) |
101-200 |
50 |
|
|
|
(v) |
above 200 Special |
45 |
|
|
|
2. |
Residential A2 |
60 |
1.50 |
2 |
2.5 |
3. |
Educational B |
30 |
1.20 |
.. |
1.50 |
4. |
Medical/Hospital |
30 |
1.00 |
1.2 |
1.50 |
5. |
Assembly D |
40 |
0.70 |
1.0 |
.. |
6. |
Office/Business E |
40 |
1.50 |
2.0 |
2.50 |
7. |
Mercantile/Commercial F |
60 |
2.00 |
.. |
2.50 |
8. |
Industrial G1 |
40 |
1.20 |
.. |
1.50 |
9. |
Small Industrial G2 |
60 |
2.00 |
.. |
2.50 |
10. |
Storage H 70 |
2.00 |
.. |
2.50 |
|
11. |
Hazardous I (1) |
30 |
0.70 |
.. |
1.0 |
12 |
Hazardous I (2) |
25 |
0.70 |
.. |
.. |
The Table II as substituted by S.R.O. No. 170/2001 is as under:
*[TABLE 2
COVERAGE AND FLOOR AREA RATIO (F.A.R.)
Building use/ Occupancy |
Permissible Coverage (percentage of plot
area) |
Maximum Permissible F.A.R. without additional
fee |
Maximum Permissible F.A.R. with additional
fee |
Maximum Sl. No. |
(1) |
(2) |
(3) |
(4) |
(5) |
1 |
Residential A1 |
65 |
3.00 |
4 |
2 |
Special Residential A2 |
65 |
2.50 |
4 |
3 |
Educational B |
35 |
2.50 |
3 |
4 |
Medical/Hospital C |
40 |
2.00 |
3 |
5 |
Assembly D |
40 |
1.50 |
2.50 |
6 |
Office/Business E |
40 |
2.00 |
3 |
7 |
Mercantile/Commercial F |
65 |
2.50 |
4 |
8 |
Industrial G1 |
40 |
150 |
0 |
9 |
Small Industrial G2 |
60 |
2.50 |
3 |
10 |
Storage H |
60 |
2.50 |
3 |
11 |
Hazardous I (1) |
30 |
1.00 |
0 |
12 |
Hazardous I(2) |
25 |
0.70 |
0 |
[201] Note (ii)
added after renumbering the existed note as note (i) by SRO No. 738/2005,
w.e.f. 2-8-2005.
[202] Inserted
by SRO. No. 80/2013, w.e.f. 5-2-2013.
[203] Inserted
by SRO. No. 80/2013, w.e.f. 5-2-2013.
[204] The words
"2 but less than" omitted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[205] Inserted
by G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009 as S.R.O. No. 1070/2009 in K.G.
Ext. No. 2345 w.e.f. 16-12-2009.
[206] Inserted
by G.O. (Ms.) No. 128/2010/LSGD dt. 21-06-2010 as S.R.O. No. 591/2010.
[207]
Substituted for "3.25" by SRO. No. 80/2013, w.e.f. 5-2-2013.
[208] Omitted
the word and figure "and (6)" by SRO. No. 80/2013, w.e.f. 5-2-2013.
[209] Sub-rule
(3) omitted by G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009 as S.R.O. No.
1070/2009 in K.G. Ext. No. 2345, w.e.f. 16-12-2009. Prior to the omission it
read as under:
"*(3) For permitting the FAR shown in column (5) of Table 2,
an additional fee at the rate of Rs. 1000 per square metre exceeding the area
permissible under column (4) shall be paid."
[210] Sub-rule
(1) substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[211] The words
"twice the width of the street abutting the plot plus twice the width of
the yard" substituted by G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009 as
S.R.O. No. 1070/2009 in K.G. Ext. No. 2345, w.e.f. 16-12-2009.
[212]
Substituted for "1.5" by SRO. No. 80/2013, w.e.f. 5-2-2013.
[213]
Substituted for "1.5" by SRO. No. 80/2013, w.e.f. 5-2-2013.
[214] Sub-rule
(2), proviso, Table 3 and the Notes substituted by SRO. No. 80/2013, w.e.f.
5-2-2013. Prior to the substitution it read as under:
"(2) For buildings, structures and installations in the
vicinity of airports the stipulations with regard to height shall be further
limited as shown in Table 3. This shall be subject to any notification issued
by Government of India under the Aircrafts Act, 1934 (1 of 1934):
#[Provided that buildings, structures and installations exceeding
the height shown in Table 3 shall be allowed if no objection certificate from
the concerned airport authority is obtained and produced before the Secretary
for issuing the permit.]
Table-3
AERODROME VICINITY HEIGHT RESTRICTIONS
Limits point of distance from the Aerodrome reference of buildings,
structures or installations measured horizontally |
Permissible height of building structure or installation
from Aerodrome reference point |
##[X X] |
|
|
Sl. No. |
International Civil AirPods and their
Alternates |
Other Civil Air Ports and Civil
Aerodromes |
|
|
(1) |
(2) |
(3) |
(4) |
@[xx] |
1. |
Between 8.535 km and 22 km |
Between 7.925 km and 22 km |
152 m |
|
2. |
Between 7.315 km and 8.535 km |
Between 6.706 km and 7.925 km |
122 m. |
|
3. |
Between 6.096 km and 7.315 km. |
Between 5.486 km. and 6.706 km. |
91 m. |
|
4. |
Between 4.877 km. and 6.096 km. |
Between 4.267 km. and 5.486 km. |
61m. |
|
5. |
Between 4.267 km. and 4.877 km. |
Between 3.650 km.and 4.267 km. |
48 m. |
|
6. |
Between 3.658 km. and 4.267 km. |
Between 3.048 km.and 3.658 km. |
36 m. |
|
7. |
Between 3.048 km. and 3.658 km |
Between 2.438 km.and 3.048 km. |
24 m. |
|
@@[8. |
Between 2.438 km. and 3.048 km |
Between 1.829 km and 2.438 km |
12 m. |
|
9. |
Less than 2.438 km. Less than 2.438 km.Excess with the
concurrence of the concerned airport authority. |
Nil |
|
|
++ [Notes:- (1) No tree
shall be allowed to grow above the height shown in column (4) within the
distance shown in columns (2) and (3) respectively.
(2) For calculation of permissible height as per this sub rule the
highest point of the building without any exemptions shall be considered.]
[215] Added by
G.O. (Ms.) No. 128/2010/LSGD dt. 21-06-2010 as S.R.O. No. 591/2010.
[216]
Substituted for "Table 4" substituted by G.O. (Ms.) No. 249/2009/LSGD
dt. 16-12-2009 as S.R.O. No. 1070/2009 in K.G. Ext. No. 2345, w.e.f.
16-12-2009.
[217] Omitted
the words "and Table 4.3" G.O. (Ms.) No. 128/2010/LSGD dt. 21-06-2010
as S.R.O. No. 591/2010.
[218] Table 4.1
and 4.2 substituted by SRO. No. 80/2013, w.e.f. 5-2-2013. Prior to the
substitution it read as under:
%%[Table 4.1]
ACCESS FOR GROUP A1 OCCUPANCY
Sl. No. |
Occupancy |
Total floor area of building in sq
.metres |
Number of dwelling units in the case of Group A1
occupancy |
Minimum widthof accessrequired inmetres |
(1) |
(2) |
(3) |
(4) |
(5) |
1(a) |
Group A1 Occupancywith total floor areaupto 600 square
metres |
Upto 300;limited to 2 storeysUpto 300; |
|
No minimum |
|
|
more than 2 storeys |
Not Applicable |
1.2 |
|
|
Above 300 upto 600 |
|
2 |
1(b) |
Group A1 Occupancy |
Above 600 upto 1000 |
Upto 8 |
3 |
|
with total floor area |
Above 1000 upto 4000 |
9-30 |
3.6 |
|
above 600 square |
Above 4000 upto 8000 |
31 -60 |
5 |
|
metres |
Above 8000 upto 12000 |
61 -90 |
6 |
|
|
Above 12000 upto 16000 |
91 -125 |
8 |
|
|
Above 16000 |
More than 125 |
10 |
Table 4.2
ACCESS FOR OTHER OCCUPANCY GROUPS
Sl. No. |
Occupancy |
Total floor area of building in square
metres |
Number of Storeys |
Minimum width of access required in metres |
(1) |
(2) |
(3) |
(4) |
(5) |
1 |
Occupancies other |
Upto 300 |
Single Storey |
1.2 |
|
than Group A1 |
Above 300 upto 1000 |
Two Storeys |
3.6 |
|
|
Above 1000 upto 4000 |
Three Storeys |
5 |
|
|
Above 4000 upto 8000 |
Four Storeys |
6 |
|
|
Above 8000 upto 12000 |
Above four Storeys |
8 |
|
|
Above 12000 |
|
10] |
TABLE 4.1
ACCESS FOR GROUP A1 OCCUPANCY
Sl. No |
Occupancy |
Total floor area of buildings in sq.
metres |
Number of units in the case of GroupA1
occupancy |
Minimum width of access required in metres |
(1) |
(2) |
(3) |
(4) |
(5) |
(a) |
Group A1 Occupancy |
Upto 150; |
Not |
No minimum |
|
with total floor area |
limited to 2 storeys |
Applicable |
|
|
upto 600 sq. metres |
upto 150; |
|
|
|
|
more than 2 storeys |
|
1.2 |
|
|
Above 150 upto 300 |
|
2 |
|
|
Above 300 upto 600 |
|
3 |
(b) |
Group A1 Occupancy |
Above 600 upto 1000 |
Upto 5 |
36 |
|
with total floor area |
Above 1000 upto 4000 |
6-25 |
5 |
|
upto 600 sq. metres |
Above 4000 upto 8000 |
26-50 |
7 |
|
|
Above 8000 upto 12000 |
51-75 |
9 |
|
|
Above 12000 upto 16000 |
76-100 |
12 |
|
|
Above 16000 |
more than 100 |
15 |
TABLE 4.2
ACCESS FOR GROUPS A2, D AND F OCCUPANCIES
Sl. No. |
Occupancy |
Total floor area ofbuildings in sq.
metres |
Number of storeys |
Minimum width of access required in metres |
(2) |
Group A2, |
Upto 100 |
Single Storey |
1.2 |
|
D and F |
Above 100 upto 300 |
Two Storeys |
3.6 |
|
Occupancies |
Above 300 upto 1500 |
Three Storeys |
5 |
|
|
Above 1500 upto 3000 |
Four Storeys |
7 |
|
|
Above 3000 Above |
four Storeys |
12 |
[219]
Substituted for "Group A1, A2, D and F occupancies" by (Ms.) No.
128/2010/LSGD dt. 21-06-2010 as S.R.O. No. 591/2010.
[220] Table 4.3
omitted by G.O. (Ms.) No. 128/2010/LSGD dt. 21-06-2010 as S.R.O. No. 591/2010.
Prior to the omission it read as under:
TABLE 4.3
ACCESS FOR OTHER OCCUPANCIES
|
|
|
Access width in metres for buildings under other occupancies not
mentioned in Table 4.1 |
Sl. No. |
Number of storeys |
Upto 300 |
Above 300 |
|
of the building sq. metres of |
sq. metres ofcarpet area inevery floor |
carpet area inany floor |
(1) |
(2) |
(3) |
(4) |
1. |
Single Storey |
1.2 |
3.6 |
2. |
Two Storeys |
3.6 |
5 |
3. |
Three Storeys |
5 |
5 |
4. |
Four Storeys |
5 |
7 |
5. |
Above four Storeys |
7 |
7" |
[221]
Substituted by G.O. (Ms.) No. 128/2010/LSGD dt. 21-06-2010 as S.R.O. No.
591/2010. Prior to the substitution it read as under:
Provided that, in the case of land developments and buildings
under Group B, C, D and E occupancies for public purpose by the Government,
Quasi Government or Local Self Government Institutions, the Government may in
consultation with the Chief Town Planner give concurrence for reduced access
width under the condition that access of adequate width as stipulated in Table
4.1 or 4.2 or 4 3 as the case be, shall be provided at a later stage.
[222] Proviso
inserted by SRO. No. 80/2013, w.e.f. 5-2-2013.
[223] First
proviso substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[224] Inserted
by G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009 as S.R.O. No. 1070/2009 in K.G.
Ext. No. 2345, w.e.f. 16-12-2009.
[225] Added by
G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009 as S.R.O. No. 1070/2009 in K.G.
Ext. No. 2345, w.e.f. 16-12-2009.
[226] The word
"buildings" substituted by G.O. (Ms.) No. 128/2010/LSGD dt.
21-06-2010 as S.R.O. No. 591/2010.
[227] Sub-rule
(7) inserted by SRO. No. 80/2013, w.e.f. 5-2-2013.
[228] Table 5 1
substituted by SRO. No. 80/2013, w.e.f. 5-2-2013. Prior to the substitution,
the table as substituted by SRO No. 591/2010 dt. 21-6-2010 read as under:
[TABLE 5.1 - OFF-STREET PARKING SPACE FOR GROUP A1 - APARTMENT
HOUSES/FLATS
Carpet area per dwelling unit |
Off-street parking spaces at the rate or |
Upto 60 square metres |
1 for every 4 dwelling units |
above 60 square metres upto 100 square metres |
1 for every 2 dwelling units |
above 100 square metres upto 150 square metres |
1 for every dwelling unit |
above 150 square metres upto 250 square metres |
1.5 for every dwelling unit |
above 250 square metres |
2 for every dwelling unit |
Table 5.1
OFF-STREET PARKING SPACE FOR GROUP A1 - APARTMENT HOUSES/FLATS
Carpet area per dwelling unit |
Off-street parking spaces at the rate of |
Upto 60 sq. metres |
1 for every 4 dwelling units |
Above 60 sq. metres |
1 for every dwelling unit |
Upto 100 sq. metres |
|
Above 100 sq. metres |
1.5 for every dwelling unit |
Upto 150 sq. metres |
|
Above 150 sq. metres |
2 for every dwelling unit |
Upto 250 sq. metres |
|
Above 250 sq. metres |
2.5 for every dwelling unit |
Note.Fractions if any in the total number of parking worked out
shall be rounded off to the next whole number.
[229] Rule 34
and Table 5 substituted by G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009 as
S.R.O. No. 1070/2009 in K.G. Ext. No. 2345, w.e.f. 16-12-2009. Prior to the
substitution it read as under:
"34. Parking, loading and unloading spaces.
(1) Each off-street parking space provided for parking motor cars
shall be not less than 15 Sq. mts. area (5.5 mts. x 2.7 mts.) and for scooters
and cycles the area of each parking space provided shall be not less than 3 sq.
mts. and 1.5 sq. mt. respectively.
(2) For buildings of different occupancies, off-street parking
spaces for motor cars shall be provided within the plot as specified in Table
5.
A[TABLE 5
OFF STREET PARKING SPACE
Sl. No. |
Occupancy |
One parking space for every or fraction of |
(1) |
(2) |
(3) |
(1) |
Group A1- Residential Apartment
Houses/Flats |
(a) 8 units (with each unit upto 100 sq. metres of carpet area) |
|
|
(b) 4 units (with each unit above 101 sq.m. and upto 150 sq.
metres of carpet area) |
|
|
(c) 2 units (with each unit above 151 sq. metres and upto 200
sq. metres of carpet area) |
|
|
(d) Single unit (exceeding 200 sq. metres of carpet area) |
(2) |
Group A2-Special Residential Lodging and Rooming Houses, Tourist
homes and hostels, Dormitories, etc. without any attached eating facility
such as restaurant, Canteen, Cafeteria, mess or dining |
(i) Rooms with attached bath and w.c. |
|
|
(a) 8 rooms (with each room upto 12 sq. metrecarpet area) |
|
|
(b) 5 rooms (with each room above 12 sq. metres and upto 20 sq.
metre carpet area)(c) 3 rooms (with each room above 20 sq. metrescarpet area) |
|
|
(ii) rooms without attached bath and w.c. |
|
|
(a) 18 rooms (with each room upto 5 sq.metres carpet area) |
|
|
(b) 12 rooms (with each room above 5 sq. metres and upto 12 sq.
metres carpet area |
|
|
(c) 6 rooms (with each room above 12 sq metres.carpet area) |
Note:- At the rate or one parking space tor every 30 sq. metres
carpet area of dining space/20 seats of dining accommodation shall be provided
in addition to the above. In the case of Special Residential Buildings attached
with eating facility.
(3) |
Group B-Educational |
|
|
(i) High Schools, Higher Secondary Schools, Junior Technical
Schools, Industrial Training Institutes etc. |
(i) 300 sq. metres of carpet area |
|
(ii) Higher educational Institutions. |
(ii) 200 sq. metres of carpet area |
(4) |
Group C-Medical/Hospital |
100 sq. metres of carpet area |
(5) |
Group D-Assembly |
25 seats of accommodation |
Note:- (i) In the case of wedding halls and community halls, for
calculating the carpet area or seating accommodation, for the purpose of off
street parking, the carpet area of either the auditorium or the dining hall,
which ever is higher, alone need be taken.
(ii) for the purpose of this rule 1.50 sq. metres carpet area
shall be considered as one seating accommodation.
(6) |
Group E-Business/Office Buildings |
100 sq. metres of carpet area |
(7) |
Group F-Mercantile/Commercial building Exceeding 75 sq.
metres carpet area |
100 sq. metres of carpet area |
(8) |
Group G-industrial Building exceeding100 sq. metres of
carpet area |
200 sq. metres of carpet area |
(9) |
Group G2-Small Industrial exceeding 100 sq. metres of
carpet area |
200 sq. metres of carpet area |
(10) |
Group H-Storage |
200 sq. metres of carpet area] |
Provided that in Second Grade Municipalities and Third Grade
Municipalities it shall suffice if 75 per cent and 50 per cent respectively of
the above parking is provided B[In village Panchayats where the provisions
of the Kerala Municipality Building Rules, 1999 stand extended, off street
parking shall be provided as in third grade Municipalities:]
C[Provided further that in the case of a building/building complex
which accommodates more than one use comprising the occupancy groups mentioned
under note (iii) of sub-rule (2) of rule 30, parking as above shall be made
available, in the same plot itself, earmarking the use wise parking areas as
detailed in Table (5) under the respective occupancies]
(3) Wherever any parking space is required under these rules, 25%
of that area shall be provided additionally for parking scooters or cycles.
(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 manoeuvreing of vehicles shall be provided in
addition to the parking space.
(5) In addition to the parking space as in Table 5, in the case of
Group-F-Mercantile or Commercial, Group G-Industrial and Group H Storage
occupancies, loading and unloading spaces each 30 sq. mts. shall be provided
within the plot, at the rate of one such space for each 1000 sq. mts. of floor
area or fraction thereof, exceeding the first D[700] sq. mts. of floor
area.
E[(6) Not exceeding fifty per cent of the area of mandatory open
yard (space) shall be taken into account for calculating the required off
street parking space if such open space has adequate vehicular access and area
for manoeuvering.
(7) The Government may, if adequate off street parking facility is
available to their satisfaction near the site proposed for building, in any
parking building or parking area provided by the Municipality or
quasi-Government agency or private agency, permit the secretary by general or
special order and subject to conditions specified there in to allow reduction
in off street parking space in any or all buildings in that area to the extent
not exceeding 50 per cent of the required number of off street parking
space."
[230] The
figure '30%' Substituted by G.O. (Ms.) No. 128/2010/LSGD dt. 21-06-2010 as
S.R.O. No. 591/2010.
[231] The
figure '7' Substituted by G.O. (Ms.) No. 128/2010/LSGD dt. 21-06-2010 as S.R.O.
No. 591/2010.
[232] Sub-rule
(9) inserted by SRO. No. 80/2013, w.e.f. 5-2-2013.
[233] Inserted
by G.O. (Ms.) No. 128/2010/LSGD dt. 21-06-2010 as S.R.O. No. 591/2010.
[234] Rule 36
substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[235] Proviso
inserted by SRO. No. 80/2013, w.e.f. 5-2-2013.
[236] Sub-rule
(2) substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[237]
Substituted for "such an external stair can be removed" by S.R.O. No.
170/2001, w.e.f. 22-2-2001. 50 Omitted by S.R.O. No. 170/2001, w.e.f.
22-2-2001.
[238]
Substituted for "such an external stair can be removed" by S.R.O. No.
170/2001, w.e.f. 22-2-2001. 50 Omitted by S.R.O. No. 170/2001, w.e.f.
22-2-2001.
[239]
Substituted for "such an external stair can be removed" by S.R.O. No.
170/2001, w.e.f. 22-2-2001. 50 Omitted by S.R.O. No. 170/2001, w.e.f.
22-2-2001.
[240] Omitted
by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[241] Clause
(a) substituted by SRO. No. 80/2013, w.e.f. 5-2-2013. Prior to the substitution
it read as under:
"(a) they shall be provided at the ground floor and at every
floor in multiples of three"
[242] Inserted
by G.O. (Ms.) No. 179/2009/LSGD dt. 4-2-2010 as S.R.O. No. 120/2010, in K.G.
Ext. No. 278, w.e.f. 4-2-2010.
[243] Rule 43
substituted by SRO. No. 80/2013, w.e.f. 5-2-2013. Prior to the substitution it
read as under:
"43. Travel distance to emergency staircase.
(1) Every building meant for human occupancy shall be provided
with emergency exit sufficient to permit safe escape of occupants in case of
fire or whenever other emergency occurs.
(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."
[244]
Substituted for "0.6" by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[245]
Substituted by G.O. (Ms.) No. 128/2010/LSGD dt. 21-06-2010 as S.R.O. No.
591/2010. Prior to the substitution it read as under:
"(1) Any building exceeding three storeys in the case of
Group C-Medical/Hospital occupancy and four-storeys in the case of other
occupancies shall have atleast one lift. Additional lift shall be provided at
the rate of one lift for every 2500 sq. metres of the total floor area in
excess of the first 4000 sq metres."
[246]
Substituted for "as per these rules" by S.R.O. No. 170/2001, w.e.f.
22-2-2001.
[247]
Substituted for "lift of 13 persons" by S.R.O. No. 170/2001, w.e.f.
22-2-2001.
[248] Inserted
by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[249] Inserted
by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[250] Inserted
by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[251] Sub-rule
(5) substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[252]
Substituted for "up to 10" by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[253]
Substituted by G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009 as S.R.O. No.
1070/2009 in K.G. Ext. No. 2345, w.e.f. 16-12-2009. Prior to the substitution
it reas as under:
"(2) The recreational space as per sub-rule (1) shall have
not less than 7.5 per cent of the total carpet area of all the units taken
together and may be provided either inside a building or outside a building
both and if it is provided outside a building it shall be exclusive of parking
areas, drive ways and other utility areas."
[254]
Substituted for "A minimum 35%" by SRO. No. 80/2013, w.e.f. 5-2-2013.
[255] Omitted
the word "it" by G.O. (Ms.) No. 128/2010/LSGD dt. 21-06-2010 as
S.R.O. No. 591/2010.
[256] The word
"the" Substituted by G.O. (Ms.) No. 128/2010/LSGD dt. 21-06-2010 as
S.R.O. No. 591/2010.
[257] Omitted
the words "the area of such open terrace shall not be less than 500 square
metres and" by G.O. (Ms.) No. 128/2010/LSGD t. 21-06-2010 as S.R.O. No.
591/2010.
[258] The word
"exists" substituted by G.O. (Ms.) No. 128/2010/LSGD dt. 21-06-2010
as S.R.O. No. 591/2010.
[259] Rule 50
substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[260] Omitted
by G.O. (Ms.) No. 128/2010/LSGD t. 21-06-2010 as S.R.O. No. 591/2010. Prior to
the omission Note (3) as added by S.R.O. No. 1070/2009 read as under:
"(3) The recreational space provided on the ground shall be
exclusive of the mandatory open space required around a building."
[261] Rule 51
substituted by S.R.O. No. 336/2001, w.e.f. 30-3-2001.
[262] Rule 52
substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[263] Proviso
omitted by G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009 as S.R.O. No. 1070/2009
in K.G. Ext. No. 2345, w.e.f. 16-12-2009. Prior to the omission the proviso as
inserted by SRO No. 738/2005, w.e.f. 1-8-2005 read as under:
*"Provided that in the case of a building/building complex,
which accommodates more than one use comprising the occupancy groups mentioned
under note (iii) of sub-rule (2) of rule 30, the corresponding provisions of
the respective occupancy groups shall apply subject to the additional
provisions mentioned below
(1) Approval of usage of plot and layout of buildings from Chief
Town Planner shall be obtained.
(2) Minimum set backs shall be provided considering the building /
building complex under the most restrictive occupancy."
[264] The words
"Residential Occupancy" substituted by G.O. (Ms.) No. 249/2009/LSGD
dt. 16-12-2009 as S.R.O. No. 1070/2009 in K.G. Ext. No. 2345, w.e.f.
16-12-2009.
[265] Sub-rule
(1) renumbered as (1b) and before sub-rule (1b) so renumbered, sub-rules (1)
and (1a) were inserted by S.R.O. No. 1070/2009 dt. 16-12-2009 pub. in K.G. Ext.
No. 2345. w.e.f. 16-12-2009. Later sub-rule (1) was substituted by G.O. (Ms.)
No. 128/2010/LSGD dt. 21-06-2010 as S.R.O. No. 591/2010. Prior to the
substitution it read as under:
(1) In the case of group A2 Special Residential occupancy,
approval of the District Town Planner shall be obtained for usage of plot
and lay-out of buildings with total floor area exceeding 3000 sq. metres, but
up to 6000 sq. metres and approval of the Chief Town Planner shall be obtained
for the usage of plot and lay-out of buildings with total floor area exceeding
6000 sq. metres:
Provided that, if the area is covered under any Town Planning
Scheme, the usage of plot shall conform to the provisions contained in that
scheme.]
[266]
Substituted for "50" by SRO. No. 80/2013, w.e.f. 5-2-2013.
[267]
Substituted for "100" by SRO. No. 80/2013, w.e.f. 5-2-2013.
[268]
Substituted for "100" by SRO. No. 80/2013, w.e.f. 5-2-2013.
[269]
Substituted for "3000" by SRO. No. 80/2013, w.e.f. 5-2-2013.
[270]
Substituted for "6000" by SRO. No. 80/2013, w.e.f. 5-2-2013.
[271]
Substituted for "6000" by SRO. No. 80/2013, w.e.f. 5-2-2013.
[272] Sub-rule
(1) renumbered as (1b) and before sub-rule (1b) so renumbered, sub-rules (1)
and (1a) were inserted by S.R.O. No. 1070/2009 dt. 16-12-2009 pub. in K.G. Ext.
No. 2345, w.e.f. 16-12-2009.
[273]
Substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[274]
Substituted for "150" by SRO. No. 80/2013, w.e.f. 5-2-2013.
[275] Provisos
substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[276]
Substituted for "all requirements" by S.R.O. No. 170/2001. w.e.f.
22-2-2001.
[277] The words
"Educational, Medical or Hospital and office or business occupancies"
substituted by G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009 as S.R.O. No.
1070/2009 in K.G. Ext. No. 2345, w.e.f. 16-12-2009.
[278]
Substituted by G.O. (Ms.) No. 128/2010/LSGD dt. 21-06-2010 as S.R.O. No.
591/2010. Prior to the substitution it read as under:
(1) Approval of the District Town Planner shall be obtained for
usage of plot and lay-out of buildings with total floor area exceeding 3000 sq.
metres, but up to 6000 sq. metres, and approval of the Chief Town Planner shall
be obtained for the usage of plot and lay-out of buildings with total floor
area exceeding 6000 sq. metres:
Provided that, if the area is covered under any Town Planning
Scheme, the usage of plot shall conform to the provisions contained in that
scheme.
[279]
Substituted for "3000" by SRO. No. 80/2013, w.e.f. 5-2-2013.
[280]
Substituted for "6000" by SRO. No. 80/2013, w.e.f. 5-2-2013.
[281]
Substituted for "6000" by SRO. No. 80/2013, w.e.f. 5-2-2013.
[282] Omitted
by G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009 as S.R.O. No. 1070/2009 in K.G.
Ext. No. 2345, w.e.f. 16-12-2009. Prior to the omission it read as under:
"(2) The usage of plots proposed for development or
redevelopment of land or construction of any building shall be governed by the
provisions contained In the detailed town planning scheme or development plan
for the area: Provided that where no such plan exists the usage of plot and or
building shall be decided *[by the District Town Planner or Chief Town Planner,
as the case may be."
[283] Sub-rule
(3) and provisos substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[284] Inserted
by SRO. No. 80/2013, w.e.f. 5-2-2013.
[285]
Substituted by GO. (Ms.) No.249/2009/LSGD dt. 16-12-2009 as S.R.O. No.1070/2009
in K.G Ext. No.2345, w.e.f. 16-12-2009. Prior to the substitution it read as
under:
"(4) Every hospital shall be provided with incinerator for
the disposal of hazardous and pathogenic wastes."
[286] Sub-rule
(4a) inserted by S.R.O. No.170/2001, w.e.f. 22-2-2001.
[287]
Substituted for "All requirements" by S.R.O. No.170/2001, w.e.f.
22-2-2001.
[288] Inserted
by S.R.O. No.170/2001, w.e.f. 22-2-2001.
[289] Table 9A
added by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[290] The words
"Assembly occupancy" substituted by G.O. (Ms.) No. 249/2009/LSGD dt.
16-12-2009 as S.R.O. No. 1070/2009 in K.G. Ext. No. 2345, w.e.f. 16-12-2009.
[291]
Substituted by G.O. (Ms.) No. 128/2010/LSGD dt. 21-06-2010 as S.R.O. No.
591/2010. Prior to the substitution it read as under:
(1) Approval of the District Town Planner shall be obtained for
usage of plot and lay-out of buildings with total floor area exceeding 3000 sq.
metres, but up to 6000 sq. metres, and approval of the Chief Town Planner shall
be obtained for the usage of plot and lay-out of buildings with total floor
area exceeding 6000 sq. metres:
Provided that, if the area is covered under any Town Planning
Scheme, the usage of plot shall conform to the provisions contained in that
scheme.
[292] Sub-rule
(1a) inserted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[293] Sub-rule
(2) substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[294] Items (i)
(ii) & (iii) substituted by S.R.O. No. 336/2001, w.e.f. 30-3-2001.
[295] Inserted
by G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009 as S.R.O. No. 1070/2009 in K.G.
Ext. No. 2345, w.e.f. 16-12-2009.
[296] Inserted
by SRO. No. 80/2013, w.e.f. 5-2-2013.
[297] Sub-rule
(3) substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[298] Sub-rule
(8a) inserted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[299]
Substituted for "All requirements" by S.R.O. No. 170/2001, w.e.f.
22-2-2001.
[300]
Substituted for "Kerala Cinematography Rules" by S.R.O. No. 170/2001,
w.e.f. 22-2-2001.
[301] Proviso
inserted by SRO. No. 80/2013, w.e.f. 5-2-2013.
[302] The words
"Mercantile or commercial occupancy" substituted by G.O. (Ms.) No.
249/2009/LSGD dt. 16-12-2009 as S.R.O. No. 1070/2009 in K.G. Ext. No. 2345,
w.e.f. 16-12-2009.
[303] Inserted
by G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009 as S.R.O. No. 1070/2009 in K.G.
Ext. No. 2345, w.e.f. 16-12-2009.
[304]
Substituted for "3000" by SRO. No. 80/2013, w.e.f. 5-2-2013.
[305]
Substituted for "6000" by SRO. No. 80/2013, w.e.f. 5-2-2013.
[306] Substituted
for "6000" by SRO. No. 80/2013, w.e.f. 5-2-2013.
[307]
Renumbered as (1a) and substituted by G.O. (Ms.) No. 249/2009/LSGD dt.
16-12-2009 as S.R.O. No. 1070/2009 in K.G. Ext. No. 2345, w.e.f. 16-12-2009.
Prior to the substitution it read as under:
"(1) Side yards may not be provided for buildings in an area
zoned exclusively for "[Group F] mercantile or commercial purposes in the
development plan or detailed town planning scheme:
Provided that if any window or ventilator or such other opening is
envisaged on any side of the building that side shall have a clear open space
of 1.5 metre."
[308]
Substituted for "Group F1" by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[309] Sub-rule
(3) substituted by sub-rules (3) to (3j) by S.R.O. No. 170/2001, w.e.f.
22-2-2001
[310] Substituted
for "All requirements" by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[311] The words
"Industrial and small industrial occupancy" substituted by G.O. (Ms.)
No. 249/2009/LSGD dt. 16-12-2009 as S.R.O. No. 1070/2009 in K.G. Ext. No. 2345,
w.e.f. 16-12-2009.
[312] Sub-rule
(2) substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[313] Inserted
by G.O. (Ms.) No. 128/2010/LSGD dt. 21-06-2010 as S.R.O. No. 591/2010.
[314]
Substituted for "by the secretary" by S.R.O. No. 170/2001, w.e.f.
22-2-2001.
[315] Inserted
by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[316] Provisos
inserted by S.R.O. No. 170/2001. w.e.f. 22-2-2001.
[317] Inserted
by SRO. No. 80/2013, w.e.f. 5-2-2013.
[318]
Substituted by G.O. (Ms.) No. 128/2010/LSGD dt. 21-06-2010 as S.R.O. No.
591/2010. Prior to the substitution it read as under:
"(5) The minimum clear width of access to a building and plot
as well as the width of the street giving access to the plot from the main
street shall be 7 metres and shall be motorable:
Provided that, in the case of building(s) with total floor area up
to 200 sq. metres, the above width shall not be less than 3.6 metres and shall
be motorable:
Provided further that, in the case of newly developed industrial
parks, industrial estates and industrial plot subdivision lay-outs, the minimum
width of access to the plot and the building shall be 7 metres and shall be
motorable, irrespective of the floor area of the building(s)"
[319] Sub-rule
(11a) inserted by S.R.O. No 170/2001, w.e.f. 22-2-2001.
[320]
Substituted for "All requirements" by S.R.O. No. 170/2001, w.e.f.
22-2-2001.
[321]
Substituted for "for hazardous" by S.R.O. No. 170/2001, w.e.f.
22-2-2001.
[322] The words
"Storage and warehousing Occupancy" substituted by G.O. (Ms.) No.
249/2009/LSGD dt. 16-12-2009 as S.R.O. No. 1070/2009 in K.G. Ext. No. 2345,
w.e.f. 16-12-2009.
[323]
Substituted for "of area exceeding 75 Sq. metres" by S.R.O. No.
170/2001, w.e.f. 22-2-2001.
[324]
Substituted by G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009 as S.R.O. No.
1070/2009 in K.G. Ext. No. 2345, w.e.f. 16-12-2009. Prior to the substitution
it read as under:
*"(2) Approval of District Town Planner shall be obtained for
the usage of plot upto 0.5 hectares and layout of buildings upto 500 square
metres area under storage and warehousing occupancy and approval of Chief Town
Planner shall be obtained for the usage of plot exceeding 0.5 hectare area and
layout of buildings exceeding 500 square metres area."
[325] Sub-rule
(3) omitted by G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009 as S.R.O. No.
1070/2009 in K.G. Ext. No. 2345, w.e.f. 16-12-2009. Prior to the omission it
read as under:
"(3) The usage of plots proposed for development or
redevelopment or for construction of any building shall be governed by the
provisions contained in the detailed town planning scheme or development plan
for the locality: Provided that where no such plan exists the usage of the plot
and or building shall be decided *[by the Chief Town Planner or by an officer
authorised by him."
[326] Sub-rule
(3a) inserted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[327] Inserted
by SRO. No. 80/2013, w.e.f. 5-2-2013.
[328] Inserted
by G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009 as S.R.O. No. 1070/2009 in K.G.
Ext. No. 2345, w.e.f. 16-12-2009.
[329]
Substituted for "posts" by S.R.O. No. 170/2001, w.e.f. 22-2-2001
[330]
Substituted for "in such foundations of floors" by S.R.O. No.
170/2001, w.e.f. 22-2-2001.
[331] Sub-rule
(4a) inserted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[332]
Substituted for "All requirements" by S.R.O. No. 170/2001, w.e.f.
22-2-2001.
[333] The words
"Hazardous occupancy" substituted by G.O. (Ms.) No. 249/2009/LSGD dt.
16-12-2009 as S.R.O. No. 1070/2009 in K.G. Ext No. 2345. w.e.f. 16-12-2009.
[334] Sub-rule
(1) substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[335] Inserted
by G.O. (Ms.) No. 128/2010/LSGD dt. 21-06-2010 as S.R.O. No. 591/2010.
[336]
Substituted for "by the Secretary" by S.R.O. No. 170/2001. w.e.f.
22-2-2001.
[337]
Substituted for "10 metres" by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[338] Sub-rule
(4) inserted by SRO No. 1070/2009, w.e.f. 16-12-2009. Previously sub-rule (4)
was omitted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[339] Sub-rule
(4) inserted by SRO No. 1070/2009, w.e.f. 16-12-2009. Previously sub-rule (4)
was omitted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[340] The
figure '200' substituted by G.O. (Ms.) No. 128/2010/LSGD dt. 21-06-2010 as
S.R.O. No. 591/2010.
[341] The
figure '3.6' substituted by G.O. (Ms.) No. 128/2010/LSGD dt. 21-06-2010 as
S.R.O. No. 591/2010.
[342] Inserted
by G.O. (Ms.) No. 128/2010/LSGD dt. 21-06-2010 as S.R.O. No. 591/2010.
[343]
Substituted for "public sewerage" by S.R.O. No. 170/2001, w.e.f.
22-2-2001.
[344] Sub-rule
(5a) inserted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[345]
Substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[346]
Substituted for "10 metres" by S.R.O. No. 170/2001, w.e.f 22-2-2001.
[347] Sub-rule
(11) substituted by S.R.O. No. 170/2001. w.e.f. 22-2-2001.
[348]
Substituted for "10 metres" by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[349] Sub-rule
(15) omitted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[350] Rule 60
substituted by S.R.O. No. 170/2001. w.e.f. 22-2-2001.
[351]
Substituted for "only two and a staircase room" by S.R.O. No.
170/2001, w.e.f. 22-2-2001.
[352] Inserted
by SRO. No. 80/2013, w.e.f. 5-2-2013.
[353] Sub-rule
(1) substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[354] Sub-rule
(1a) added by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[355] Proviso
substituted by S.R.O. No. 170/2001. w.e.f. 22-2-2001.
[356] The words
"at a height of" substituted by G.O. (Ms.) No. 249/2009/LSGD dt.
16-12-2009 as S.R.O. No. 1070/2009 in K.G. Ext. No. 2345, w.e.f. 16-12-2009.
[357] Sub-rule
(3a) added by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[358] Inserted
by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[359]
Substituted for "procedure" by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[360] Inserted
by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[361] Rule 68
substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[362] Inserted
by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[363] Rule 71
substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[364] Inserted
by G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009 as S.R.O. No. 1070/2009 in K.G.
Ext. No. 2345, w.e.f. 16-12-2009.
[365] The word
"use" omitted by G.O. (Ms.) No 249/2009/LSGD dt. 16-12-2009 as S.R.O.
No. 1070/2009 in K.G. Ext. No. 2345, w.e.f. 16-12-2009.
[366] Inserted
by G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009 as S.R.O. No. 1070/2009 in K.G.
Ext. No. 2345, w.e.f. 16-12-2009.
[367] Rule 72
substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[368] Inserted
by SRO. No. 80/2013, w.e.f. 5-2-2013.
[369] Inserted
by G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009 as S.R.O. No. 1070/2009 in K.G.
Ext. No. 2345, w.e.f. 16-12-2009.
[370] The words
"under any Government approved Scheme for economically weaker
sections" omitted by G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009 as S.R.O.
No. 1070/2009 in K.G. Ext. No. 2345, w.e.f. 16-12-2009.
[371] Inserted
by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[372]
Substituted by G.O. (Ms.) No. 128/2010/LSGD dt. 21-06-2010 as S.R.O. No.
591/2010. Prior to the substitution it read as under:
"(1)Total plinth area of the building shall not exceed 50 Sq.
mts."
[373] Rule 75
substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[374] Inserted
by G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009 as S.R.O. No. 1070/2009 in K.G.
Ext. No. 2345, w.e.f. 16-12-2009.
[375] Inserted
by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[376] Omitted
by G.O. (Ms.) No. 128/2010/LSGD dt. 21-06-2010 as S.R.O. No. 591/2010. Prior to
the omission it read as under:
"77. Layout approval to be obtained.
Layout approval shall be obtained by the Department, Corporation,
Board, Agency, Local Body or Society concerned from the 10[District Town
Planner and the Secretary in all cases where building permit is not
required]."
[377] Inserted
by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[378] Chapter
XA inserted by SRO. No. 80/2013, w.e.f. 5-2-2013.
[379] Chapter
XI substituted by SRO No. 24/2006, w.e.f. 11-1-2006. Prior to the substitution
it read as under:
"CHAPTER XI
CONSTRUCTION IN PLOTS PART OF WHICH HAS BEEN SURRENDERED FOR ROAD
DEVELOPMENT
79. Provisions to apply as modified for constructions in certain
plots.-
[(1)] In the case of buildings 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 a Municipality, Development Authority,
Government Department or Quasi-Government Department or Institution for new
road formation or for road widening or for junction improvement or formation or
development of any facility relating to road structure. [Other provisions in
the Kerala Municipality Building Rules, 1999 shall apply subject to the
modifications in this chapter.]
Provided that such road formation or road widening or junction
improvement or formation or development of facility relating to road structure
[shall be one proposed or taken up] as a project by the Municipality or
Development Authority by resolution or have been sanctioned or undertaken by a
Government or Quasi-Government Department or Institution or shall form part of
any published or sanctioned Master Plan or Development plan or Detailed Town
Planning Scheme [or shall be one proposed or taken up by a Residents
Association or a Social Welfare Organisation with the approval of the
Government for the purpose of this rule."
[Provided further that the provisions under this Chapter shall not
apply to the roads envisaged in any lay out:
Provided further that the benefit of the provisions in this
Chapter shall not be allowed to the constructions in such plots if surrendering
is not made for the implementation of the scheme in total:
Provided also that in case the scheme is modified or the width of
the road is reduced with the prior approval of the Government, the benefit of
the provisions shall be allowed if surrendering of the land is made for the
implementation of such modified scheme in total or for widening or formation of
the road to the reduced width in total.]
[(2) The surrendering of the land shall be made in the manner as
may be decided by the special committee constituted under rule 85.
Provided that in case the formation or widening or other work is
not done immediately, the Secretary shall earmark the land required for the
implementation of the scheme in consultation with the Department, Institution,
Agency, Association or Organisation specified in sub-rule (1) and take
possession of the land, and shall develop that portion or hand over the
possession of such land to the concerned Department Institution, Agency,
Association or Organisation for development of that portion:
Provided further that the surrendered land shall not used for
purposes other than that envisaged in the scheme.]
80. Use of Plot.- The Secretary may permit any use which is
otherwise compatible with the uses of buildings in that area, which does not
adversely affect the existing trend of development and which does not cause
indirect condemnation of the uses in the neighbouring plots of land and
buildings.
81. Coverage and floor area [ratio].-
(1) Maximum coverage permissible shall be 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 [hazardous
occupancy under Group I(1) and 40 per cent for hazardous Group I(2) occupancy.]
[(2) The maximum floor area ratio permissible for various
occupancies shall not exceed that shown in column (4) of Table 2 in rule 31
Provided that the committee constituted under rule 85 may, taking
into account the area and width of the land, both surrendered and left behind,
value of land, its location, shape and such other factors, if consider it just
and proper to allow more floor area ratio, permit a higher floor area ratio not
exceeding that shown in column 5 of table 2 under rule 31, but without claiming
any additional fee:
Provided further that the area of the land surrendered shall also
be taken into account for calculating the maximum floor area ratio permissible
under this rule.]
82. Set back, height, etc.-
[(1) The distance from the boundary of the proposed road or
proposed widening to the building shall be 3 metres:
Provided that the Special Committee may, considering the factors
specified in the first proviso to sub-rule (2) of rule 81, permit reduction in
the said distance to such extent that after such reduction there shall be a
minimum of 1.50 metres distance from the abutting road boundary so formed or
widened;]
(2) There may not be any rear set back for buildings upto two
floors from ground level.
(3) The rear set back for buildings above two floors from ground
level shall be minimum one metre.
(4) No part of the building shall project or encroach or hang into
the neighbouring plots on the sides:
Provided that where the building has more than three floors ground
level any one of its side shall have 3 metres width which shall be contiguous
to the front yard.
[(5) Notwithstanding anything contained in this rule, in the case
of buildings, part of which has been demolished for the purposes specified in
rule 79, construction or reconstruction of wall with or without door (s) or
shutter (s) shall be permitted on the side abutting the road:
Provided that the door shutter shall not open outward.]
(6) General provision regarding distance from central line of
road, restriction on height with respect to width of street and front set back
shall not apply to the constructions under this chapter.
83. Staircase.-
Every building having more than three floors from the ground level
shall have two staircases one of which may be designed as external fire escape
staircase.
84. Parking.-
The area of the land surrendered may be reduced from the area of
the land required for parking to the extent that after such deduction a minimum
of fifty per cent of the parking required as per these rules shall be provided.
[Provided that the Special Committee may, taking in to
consideration the area, value and location of the land surrendered by the
applicant and that left behind allow further reduction in the off street
parking requirements, however a minimum of twenty-five per cent of the parking
area required as per these rules shall be provided within the plot after such
reduction.]
[85. Constitution of Special Committees.-
(1) The Government may, on receipt of a request to that effect
from any municipality or suo motu, if found necessary, by order, constitute a
Special Committee for the purposes of any or all municipalities 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) Mayor/Chairperson of the Municipality, who shall be the
Chairman of the Committee;
(ii) Chairman of the Development Authority, if any constituted for
the area or an officer authorised by him;
(iii) Town Planner of the District in the Town and Country
Planning Department;
(iv) Executive Engineer, Buildings and Road, Public Works
Department, having jurisdiction in the area or an officer authorised by him;
(v) one or two representative of the Department, Authority, Institution,
Association or organisation in change 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;
(vi) Secretary of the Municipality concerned, who shall be the
convener of the Special Committee:
(3) The quorum for the meeting shall be three including the
Convenor and the Chairman.
(4) The Secretary shall, considering the number of applications
and urgency of the work to be executed, convene the meetings of the Special
Committee at such place and time, as may be fixed by him in consultation with
the Chairperson, by giving seven clear days notice to all the members:
Provided that if so directed by the Government or the Chairperson,
the Secretary shall convene the meeting within such time as may be specified in
that direction.
(5) The Secretary shall place all applications submitted under
this chapter before the Special Committee for consideration and shall issue
permit as decided by the Committee.]
[85A. Special Committee may permit construction to abut streets.-
The Special Committee shall, if so directed by the Government or if so found
necessary with the prior approval of the Government, permit any building or all
buildings upto a particular height to abut the boundary of the road or with
only a fixed distance from the boundary of the road, which may be less than
that specified under rule 75.
Provided that the Government may consult the Arts and Heritage
Commission before giving prior approval sought by the Special Committee.
Note.- (1) Road boundary for the purposes of this rule shall be
the boundary of the road after its formation or widening as envisaged in the
scheme in full or in its modified or reduced form as approved by the Government.
(2) Provisions in this rules shall apply to buildings proposed in plots left
after acquisition under the Land Acquisition Act also.]
[380] Sub-rule
(3) added by SRO. No. 80/2013, w.e.f. 5-2-2013.
[381] Omitted
"or column (6)" by SRO. No. 80/2013, w.e.f. 5-2-2013. Prior to the
omission it was inserted by G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009 as
S.R.O. No. 1070/2009 in K.G. Ext. No. 2345, W.e.f. 16-12-2009.
[382] Omitted
"or column (6)" by SRO. No. 80/2013, w.e.f. 5-2-2013. Prior to the
omission it was inserted by G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009 as
S.R.O. No. 1070/2009 in K.G. Ext. No. 2345, W.e.f. 16-12-2009.
[383] The words
and figures "sub rule (3) of rule 31" substituted by G.O. (Ms.) No.
249/2009/LSGD dt. 16-12-2009 as S.R.O. No. 1070/2009 in K.G. Ext. No. 2345,
w.e.f. 16-12-2009.
[384]
Substituted for "buildings having more than four floors or 15 meters
height" by SRO. No. 80/2013 w.e.f. 5-2-2013.
[385] Substituted
for "or sheds" by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[386] Substituted
by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[387] Substituted
by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[388] Omitted
the words "in open terrace" by S.R.O. No. 170/2001, w.e.f. 22-2-2001
[389] Sub-rule
(1) substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[390] Sub-rule
(2) omitted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[391] Sub-rule
(4) substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[392] Sub-rule
(4) substituted by S.R.O. No. 170/2001. w.e.f. 22-2-2001.
[393] Sub-rules
(6), (7). (8) & (9) omitted by S.R.O No. 170/2001, w.e.f. 22-2-2001.
[394] Rule 90
omitted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[395] Chapter
XIII and the chapter heading and rules 91, 92, 93, 94 & 95 omitted by
S.R.O. No. 170/2001
[396] Inserted
by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[397] Omitted
the words "and drawings" by S.R.O. No. 170/2001. w.e.f. 22-2-2001.
[398] Omitted
the words "all buildings and structures in the plot and" by S.R.O.
No. 170/2001. w.e.f. 22-2-2001.
[399] Omitted
the words "and drawings" by S.R.O. No. 170/2001. w.e.f. 22-2-2001.
[400] Sub-rule
(5a) inserted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[401] Substituted
for "ADDITION OR EXTENSION TO EXISTING BUILDINGS" by S.R.O. No.
170/2001. w.e.f. 22-2-2001.
[402] Rule 100
substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[403] Rule 101
substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[404] Rule 102
substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[405] Sub-rule
(3) substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[406] Sub-rule
(4) added by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[407] Omitted
by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[408]
Substituted by G.O. (Ms.) No. 189/2009/LSGD dt. 26-9-2009 as S.R.O. No.
821/2009 in K.G. Ext. No. 1809, w.e.f. 1-10-2009. Prior to the substitution it
read as under:
"*[CHAPTER XVI-A
RAINWATER HARVESTING
109A- Rooftop Rain Water Harvesting Arrangements.
(1) Unless otherwise stipulated specifically in a Town Planning
Scheme, workable rooftop rainwater harvesting arrangements shall be provided as
an integral part of all new building constructions for the following
occupancies, namely:-
(i) Group A1 Residential (with floor area of 100 sq. m. or more
and plot area of 200 sq. m. or more)
(ii) Group A2 Special Residential
(iii) Group B Educational
(iv) Group C Medical/Hospital
(v) Group D Assembly
(vi) Group E Office/Business
(vii) Group G1 and Group G2 Industrial (only for workshops,
assembly plants, laboratories, dry cleaning plants, power plants, Gas plants,
refineries, diaries, food processing units and any other occupancies notified
by the Government from time to time),
(viii) Group I(1) Hazardous (Automobile wash stall, Automobile
Service Stations, Service Garages with repairing facilities and any other
occupancies notified by the Government from time to time):
Provided that, the floor area to be considered shall be the total
floor area in all floors:
Provided further that, the rainwater harvesting arrangement is not
mandatory for thatched roofed buildings.
(2) The components of workable rooftop rainwater harvesting
arrangement as stipulated in sub-rule (1) above, shall include:
(i) Roof catchment area
(ii) Roof gutters
(iii) Down pipe and first flush pipe arrangement
(iv) Filter unit and
(v) Storage tank with provision for drawing water and spillover.
**[(3) The minimum capacity of the storage tank as stipulated in
sub-rule (2)(v) of the rooftop rainwater harvesting arrangement shall be at the
rates given below:
Group A1 25 litres/sq.m. of total floor area
Group A2 25 litres/sq.m of total floor area
Group B 50 litres/sq.m of total floor area
Group C 50 litres/sq.m of total floor area
Group D 50 litres/sq.m of total floor area
Group E 50 litres/sq.m of total floor area
Group G1 & G2 50 litres/sq.m of total floor area
Group I(1) 25 litres/sq.m of total floor area]
(4) The Municipality shall enforce workable artificial ground
water recharging arrangements as an integral part of all new building
constructions through collection of rooftop rainwater.
(5) The component of workable artificial ground water recharging
arrangements as stipulated in sub-rule (4) above, shall include:
(i) Roof catchment area
(ii) Roof gutters
(iii) Down pipe
(iv) Filter unit
(v) Recharge well/percolation pit
(6) Wherever rooftop rainwater harvesting arrangements as
stipulated in sub-rules (1) to (3) above are provided, additional arrangements
for carrying the spill over water from storage tank to recharge well or
percolation pit need only be provided.
(7) The owner(s)/occupier(s) shall maintain the rooftop rainwater
harvesting arrangements and artificial ground water recharge arrangements in
healthy working condition.
(8) The Municipality may, in exceptional cases such as water
logging or impermeable subsoil conditions to considerable depths, exempt
constructions from the mandatory groundwater recharging arrangements."
[409] The word
'researching' Substituted by G.O. (Ms.) No. 128/2010/LSGD dt. 21-06-2010 as
S.R.O. No. 591/2010.
[410]
Substituted for "floor area" by SRO. No. 80/2013, w.e.f. 5-2-2013.
[411]
Substituted for "floor area" by SRO. No. 80/2013, w.e.f. 5-2-2013.
[412]
Substituted for "floor area" by SRO. No. 80/2013, w.e.f. 5-2-2013.
[413] Substituted
for "floor area" by SRO. No. 80/2013, w.e.f. 5-2-2013.
[414]
Substituted for "floor area" by SRO. No. 80/2013, w.e.f. 5-2-2013.
[415]
Substituted for "floor area" by SRO. No. 80/2013, w.e.f. 5-2-2013.
[416]
Substituted for "floor area" by SRO. No. 80/2013, w.e.f. 5-2-2013.
[417]
Substituted for "floor area" by SRO. No. 80/2013, w.e.f. 5-2-2013.
[418]
Substituted for "floor area" by SRO. No. 80/2013, w.e.f. 5-2-2013.
[419] Proviso
substituted by SRO. No. 80/2013, w.e.f. 5-2-2013. Prior to the substitution it
read as under: "Provided that, the floor area to be considered shall be
total floor area in all floors.
[420] Chapter
XVI-B Inserted by G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009 as S.R.O. No.
1070/2009 in K.G. Ext. No. 2345, w.e.f. 16-12-2009.
[421] The title
'SOLAR ASSISTED WATER HEATING SYSTEM' substituted by G.O. (Ms.) No.
128/2010/LSGD dt. 21-06-2010 as S.R.O. No. 591/2010.
[422] The
marginal heading "109 B. Solar Assisted Water Heating System in
Buildings" substituted by G.O. (Ms.) No. 128/2010/LSGD dt. 21-06-2010 as
S.R.O. No. 591/2010.
[423] The words
"Solar Assisted Water Heating System" substituted by G.O. (Ms.) No.
128/2010/LSGD dt. 21-06-2010 as S.R.O. No. 591/2010.
[424] Proviso
added by SRO. No. 80/2013, w.e.f. 5-2-2013.
[425] The word
'space' substituted by G.O. (Ms.) No. 128/2010/LSGD dt. 21-06-2010 as S.R.O.
No. 591/2010.
[426] The words
'solar water heating system' substituted by G.O. (Ms.) No. 128/2010/LSGD dt.
21-06-2010 as S.R.O. No. 591/2010.
[427] Rule 110
substituted by SRO. No. 80/2013, w.e.f. 5-2-2013. Prior to the substitution it
read as under:
"110. High rise building.For the purposes of this Chapter
high rise building means a building having more than four floors and or 15 metres
of height. [x x] [For the purpose of this rule, the word 'height' shall be the
'height of building' as defined in clause (aq) of sub rule (1) of rule 2."
[428] Substituted
for "and shall be of blank walls" by S.R.O. No. 170/2001, w.e.f.
22-2-2001.
[429] Rule 114
substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[430] Rule 114
substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[431] Substituted
for "7 metres" by SRO. No. 80/2013, w.e.f. 5-2-2013.
[432] Rule 116
inserted by S.R.O. No. 1070/2009, w.e.f. 16-12-2009. Previously rule 116 was
omitted by S.R.O. No. 170 2001. w.e.f. 22-2-2001.
[433] Sub-rule
(1) substituted by SRO. No. 80/2013, w.e.f. 5-2-2013. Prior to the substitution
it read as under:
(1) A clear *[x x], motorable open space of minimum 5 metres width
shall be provided all around the building Such space 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
centimetres width.
[434] Substituted
for "7 metres" by SRO. No. 80/2013, w.e.f. 5-2-2013.
[435] Substituted
by G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009 as S.R.O. No. 1070/2009 in K.G.
Ext. No. 2345, w.e.f. 16-12-2009. Prior to the substitution it read as under:
*"117. Open space for fire fighting.Every high rise building,
if it does not abut on two or more motorable roads, shall be provided with a
minimum of 5 metres wide open space on any one of its sides contiguous to the
road abutting it to facilitate fire fighting:
Provided that if a road is available on the side which can be made
motorable by providing sufficient open spa to make its width to not less than 5
metres wide, and space on that side is kept open by not constructing any
compound wall, fence or structure, then no separate open space as specified
above need be provided."
[436] Rule 118
substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[437] Inserted
by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[438] Inserted
by S.R.O. No. 1070/2009 in K.G. Ext. No. 2345, w.e.f. 16-12-2009.
[439] Rule 122
substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[440] Inserted
by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[441] Omitted
by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[442] Inserted
by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[443] Inserted
by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[444] Rule 131
substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[445] Substituted
for "height" by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[446] Substituted
for "its ancillary cabin" by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[447] Proviso
substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[448] Second
proviso substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[449] Substituted
for "Ancillary Cabin and Generator" by S.R.O. No. 170/2001, w.e.f.
22-2-2001.
[450] Sub-rule
(1) substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[451] Rule 139
substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[452] Substituted
for "any property maintained by Railway Authority," by S.R.O. No.
170/2001, w.e.f. 22-2-2001.
[453] Rule 140A
inserted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[454] The words
"structural design and drawings," omitted by S.R.O. No. 170/2001,
w.e.f. 22-2-2001.
[455] Substituted
for "licence issued by Telegraph Authority of India" by S.R.O. No.
170/2001, w.e.f. 22-2-2001.
[456] Note
inserted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[457] Sub-rule
(2) omitted by S.R.O. No. 170/2001. w.e.f. 22-2-2001.
[458] Substituted
for "post graduate degree in structural Engineering" by S.R.O. No.
170/2001, w.e.f. 22-2-2001.
[459] Substituted
for "upto 10 metres heights" by S.R.O. No. 170/2001, w.e.f.
22-2-2001.
[460] Item (b) substituted
by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[461] Item (c)
added by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[462] Sub-rules
(9) to (12) added by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[463] Inserted
by S.R.O. No. 1085/2008 dt. 22-8-2008.
[464] Rule 142
substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[465] Inserted
by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[466] Provisos
added by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[467] Sub-rule
(4) substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[468] The words
"to construct or reconstruct a building or well" Omitted by S.R.O.
No. 170/2001, w.e.f. 22-2-2001.
[469] Substituted
for "the building or part thereof" by S.R.O. No. 170/2001. w.e.f.
22-2-2001.
[470] Substituted
for "the Secretary himself cause" by S.R.O. No. 170/2001, w.e.f.
22-2-2001.
[471] Inserted
by S.R.O. No. 336/2001, w.e.f. 30-3-2001.
[472] Inserted
by S.R.O. No. 336/2001, w.e.f. 30-3-2001.
[473]
Substituted by S.R.O. No. 492/2008 dt. 29-4-2008. Prior to the substitution it
read as under:
"149. Registering Authority
The Director of Municipal Administration shall be the Registering
Authority for the State."
[474]
Substituted for "considered as employed" by S.R.O. No. 170/2001,
w.e.f. 22-2-2001.
[475]
Substituted for "three years" by SRO. No. 80/2013, w.e.f. 5-2-2013.
[476] Sub-rule
(6) substituted by S.R.O. No. 12/2003.
Sub-rule (6) substituted by SRO. No. 80/2013, w.e.f. 5-2-2013.
Prior to the substitution sub-rule (6) as substituted by SRO. No. 12/2003 read
as under:
Architect A |
.. |
Rs. 3000 |
Building Designer |
.. |
Rs. 2500 |
Engineer A |
.. |
Rs. 3000 |
Engineer B |
.. |
Rs. 2500 |
Town Planner A |
.. |
Rs 3000 |
Town Planner B |
.. |
Rs. 2500 |
Supervisor A |
.. |
Rs. 1500 |
Supervisor B |
.. |
Rs. 1000" |
[477] Inserted
by SRO. No. 80/2013, w.e.f. 5-2-2013.
[478] Substituted
by SRO No. 266/2006, w.e.f. 27-3-2006.
[479] Substituted
for "and the Secretary concerned" by S.R.O. No. 170/2001, w.e.f.
22-2-2001.
[480] Inserted
by G.O. (Ms.) No. 249/2009/LSGD dt. 16-12-2009 as S.R.O. No. 1070/2009 in K.G.
Ext. No. 2345, w.e.f. 16-12-2009.
[481] Substituted
for "endangers" by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[482] Substituted
for "building or digging" by S.R.O. No. 170/2001. w.e.f. 22-2-2001.
[483] Substituted
for "that any construction" by S.R.O. No. 170/2001. w.e.f. 22-2-2001.
[484] Inserted
by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[485] Items
(VII) (VIII) & (IX) added by S.R.O. No. 170/2001, w.e.f. 22-2-2001.
[486] Rule 161
substituted by S.R.O. No. 170/2001, w.e.f. 22-2-2001.