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

[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)]

(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.)

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

 

TABLE 4.2

ACCESS FOR OTHER OCCUPANCY GROUPS

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

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

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

(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

(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

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

 

 

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
 

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:

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:-

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

(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:

(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]

[395][CHAPTER XIII]

[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:-

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:

[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:

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]

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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

[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)]

(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.)

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

 

TABLE 4.2

ACCESS FOR OTHER OCCUPANCY GROUPS

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

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

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

(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

(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

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

 

 

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
 

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:

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:-

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

(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:

(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]

[395][CHAPTER XIII]

[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:-

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:

[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:

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]