WEST BENGAL MUNICIPAL (BUILDING) RULES, 2007

[WEST BENGAL MUNICIPAL (BUILDING) RULES, 2007][1]

PREAMBLE

In exercise of the power conferred by sub-section (1) of section 417, read with section 198 of the West Bengal Municipal Act, 1993 (West Ben. Act XXII of 1993) (hereinafter referred to as the said Act), the Governor is pleased hereby to make, after previous publication as required by sub-section (1) of section 417 of the said Act, the following rules:

PART I

Preliminary

Rule - 1. Short title, application and commencement.

(1)     These rules may be called the West Bengal Municipal (Building) Rules, 2007.

(2)     Except as otherwise provided in these rules, they shall apply to buildings in the municipal areas, notified areas and Industrial Townships in West Bengal.

(3)     They shall come into force on the date of their publication in the Official Gazette.

Rule - 2. Definitions.

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

(2)     "the Act" means the West Bengal Municipal Act, 1993 (West Ben. Act XXII of 1993);

(3)     "addition to a building" means addition to the cubic content or to the floor area of a building;

(4)     "area", in relation to a building, means the superficies of a horizontal section thereof made at the plinth level, inclusive of the external walls and such portion of the party-walls as belongs to the building;

(5)     "advertising sign" means any surface of a structure with characters, letters, illustrations or illuminations applied thereto and displayed in any manner whatsoever to public view for the purposes of advertising or giving information regarding, or for attracting the notice of the public to, any place, person, public performance, article or merchandise whatsoever, and which surface or structure is attached to, forms part of, or is connected with, any land/or building, or is fixed to a wall, hoarding, frame, post, kiosk, structure, ground or fence, or is displayed in space or on screen;

(6)     "air-conditioning" means the process of treating air so as to control simultaneously its temperature, humidity, cleanliness and distribution to meet the requirement of conditioned space;

(7)     "alteration" means change from one occupancy to another, or a structural change, such as an addition to the area or height, or the removal of part of a building, or any change to the structure, such as, the construction of, cutting into or removal of any wall, partition, column, beam, joist, floor or other support, or a change to the fixture or equipment;

(8)     "apartment" means part of a property having a direct exit to a street or a passage or to a common area leading to such street or passage which together with its undivided interest in the common areas and facilities forms an independent unit;

(9)     "applicant" means Owner of the land and includes authorised representative of the owner or anybody having construction right in accordance with law and shall also include the transferee;

(10)   "architect" means a person who is registered as an Architect by the Council of Architecture under the Architects Act, 1972 (20 of 1972);

(11)   "balcony" means a semi open space including horizontal projection with a handrail or balustrade to serve as passage or sitting out place;

(12)   "basement or cellar" means the lower storey of a building partly or wholly below the ground level or the abutting road level, whichever is higher;

(13)   "boundary wall" means a wall constructed along the property line not exceeding permissible height as specified in these rules;

(14)   "building plan" means a plan accompanying a notice for sanction, or provisional sanction for erection, or re-erection, or addition to, or alteration of, a building;

(15)   "building services" or "services", in relation to a building, means lighting and ventilation, electrical installations, air-conditioning and heating, acoustics and sound insulation, installation of lifts, travelators and escalators, water supply, sewerage and drainage, gas supply, fire fighting arrangements, solid waste management, electronic, telecommunication and telephone installations;

(16)   "chajja or cornice" means a sloping, horizontal or structural, overhung usually provided over openings on external walls to provide protection from the sun and rain;

(17)   "chimney" means the construction by means of which a flue is formed for the purpose of carrying the products of combustion to the open air, and includes chimney stack and flue-pipe;

(18)   "commencement of work", in relation to a building, means the actual commencement of a building foundation work or erection or re-erection or alteration of a building including foundation, but does not include mere excavation of earth;

(19)   "courtyard" means a space permanently open to the sky, enclosed fully or partially by building, whether or not at ground level or any other level within, or adjacent to, a building, or a courtyard enclosed on all sides (being an inner courtyard) or a courtyard where one of the sides is not enclosed (being an outer courtyard);

(20)   "covered area" means the ground area covered by building immediately above plinth level considering all the floors at all levels, but does not include the spaces exempted under these rules and the space covered by-

(a)      garden, boundary, well and well structure, plant nursery, water pool, swimming pool (if not covered), platform round a tree, tank, fountain or bench,

(b)      drainage, culvert, conduit, septic tank or soak pit,

(c)      compound wall and gate, and area covered by chajja;

(21)   "cul-de-sac" means a public or private street or passage closed at one end with provision for turning of cars;

(22)   "dangerous", in relation to a building which, by reason of its age, inadequate maintenance, dilapidation, abandonment or by any other reason, has become structurally unsafe or is not provided with adequate means of egress or which constitutes a fire hazard, dangerous to human life;

(23)   "depth", in relation to a plot, means the distance from the front to the rear line of the plot;

(24)   "drain" includes sewer, a house drain, or a drain of any other description, a tunnel, a culvert, a ditch, a channel and any other device for carrying off sullage, sewage, offensive matter, polluted water, rain water or subsoil water;

(25)   "drainage" means the removal of any liquid by a system provided for the purpose;

(26)   "dwelling unit" means an independent housing unit with separate living, cooking and sanitary facilities;

(27)   "engineer" means a person having minimum Bachelor degree in Civil Engineering or in Construction Engineering of a recognised University or Institute;

(28)   "escalator" means a mechanical device to transport persons between two or more levels in an inclined direction by means of guided moving steps;

(29)   "floor" means, unless otherwise specifically provided in these rules, the lower surface in a storey, after the finishing of which one normally walks in a building;

(30)   "floor area" means the covered area of a building at any floor level;

(31)   "Floor Area Ratio" or "FAR." (being the abbreviation of the whole words "Floor Area Ratio") means the quotient obtained by dividing the total floor area of all the floors of a building by the area of the plot, the formula being as follows:

(32)   "form" means a standard format for application to the Authorities appended to these rules;

(33)   "framed building" means a building where the dead load and superimposed load are transferred to foundation through framed members with rigid joints, which may be of R.C.C., prestressed concrete, steel, timber, or the like, such members at the transfer of loads being not only experienced with directional stress but also bending stress and sheer stress as well;

(34)   "Geo-technical Engineer" shall mean a person who having a minimum bachelors degree in civil or construction engineering from a recognized university, institute or an equivalent engineering qualification recognized by the Government and having not less than five years' experience in soil investigation work and formulation of basis for design and construction of different types of foundation;

(35)   "Ground coverage" is the percentage of the largest covered area as per roof plan of building/buildings against the area of the plot including the area of the water bodies, if any, within the plot;

(36)   "ground level" means the level at a height of 15 cm. above the average level of the centre line of the street or passage to which the plot abuts;

(37)   "habitable room" means a room occupied or designed for occupancy by one or more persons for study, living, sleeping, eating, cooking, if it is used as a living room, but not including bath-rooms, water-closet, compartments, laundries, serving and storage pantries, corridors, cellars, attics and spaces that are not used frequently or during extended period clause;

(38)   "height of a building" shall mean vertical distance measured from the ground level, as defined in clause (35), to the highest point of the building, in case of flat roofs and in the case of sloped roofs, the mid-point between the eave's level and the ridge;

Note .-For hill areas, the vertical distance shall be measured from the lowest floor level instead of average ground level as applicable in case of plains;

(39)   "house" includes any hut, shop or warehouse;

(40)   "Khatal" means a place where cattle are kept or maintained for the purpose of trade or business in cattle or business in milk;

(41)   "ledge" or "tand" means a shelf-like projection, supported in any manner except by means of vertical supports, within a room itself but not having projection wider than 0-60 metre, for being used only as storage space;

(42)   "Licensed Building Surveyor (LBS.)" means a qualified surveyor who has been licensed under these rules;

(43)   "lift" means an appliance designed to transport persons or materials between two or more levels in a vertical or substantially vertical direction by means of guided car platform; as specified in these rules;

(44)   "loft" means an intermediary floor between two floors or a residual space "in a pitched roof above normal floor level which is constructed or adopted for storage purposes;

(45)   "masonry" means an assemblage of masonry units properly bonded together with mortar;

(46)   "means of access" means a public or private street or passage open to the sky, as shown in the survey map or other records of the Municipality and includes a passage which may not be open to the sky in the case of partition of an existing building;

(47)   "Mezzanine floor" means an intermediate floor between any two floors;

(48)   "Municipal authorities" means the municipal authorities specified in section 12 of the Act;

(49)   "open space" means an area, forming an integral part of the site, at the ground level open to the sky;

(50)   "Parapet" means a low wall or railing built along the edge of a roof or a floor;

(51)   "Parking space" means an area enclosed or unenclosed, covered or open, sufficient in size to park vehicles with a driveway connecting the parking space with a street or alley and permitting ingress and egress of vehicle;

(52)   "partition wall" means an interior non-load bearing wall of storey or part storey height;

(53)   "Party wall" means one wall forming part of a building and used or constructed to be used for the supports and separation of adjoining buildings to different owners or constructed or adopted to be occupied by different persons;

(54)   "passage" means a means of access which is not a private or public street and which provides access to not more than three plots, and includes footway and drains attached to the passage and also includes all lands up to the property line of the plots abutting the passage;

(55)   "plinth" means the part of a wall or structure between the ground level and the level of the lowest floor of a building above ground level;

(56)   "principal occupancy" means highest occupancy among the different use of a building/buildings but not less than 50% of the total usable area;

(57)   "purchaser" means any person who, enters into an agreement with the Promoter for the purchase of a dwelling unit;

(58)   "Registrar" means the Registrar as defined in the West Bengal Cooperative Societies Act, 1983;

(59)   "row housing" means a row of house with only front open space and rear open space and interior open space where applicable;

(60)   "Salt Lake township" means the Salt Lake Township, within the limits of the Bidhannagar Municipality, and Nabadiganta Industrial Township owned and developed by the Government of West Bengal;

(61)   "schedufe" means the schedule to these rules;

(62)   "section" means a section of the Act;

(63)   "service rooms" means rooms and covered spaces meant primarily for purposes other than human habitation such as for the purpose of using it for parking, air-conditioning plant room or room for the other machines used for any building service or tor other purposes such as space for a stand-by generator for power supply, storage space for household or other goods on non-inflammable nature, strong room or bank celler, and dark room;

(64)   "set back line" means a line usually parallel with the centre line of a road or street, laid down by a competent authority beyond which nothing can be constructed towards the road;

(65)   "shed" means a light or temporary structure for shade or shelter;

(66)   "single building" means a building having single block or multiple blocks connected at any level including basement where mandatory open spaces are considered in respect of the tallest block;

(67)   "site" or "building site" means the entire area covered by a building with out-houses, and includes the land at the front or in the sides of, and pertaining to, such building and the land required by rules to be left open;

(68)   "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 top of roof next above it;

(69)   "smoke-stop door" means a door for preventing or checking the spread of smoke from one area to another;

(70)   "stair cover" means a structure with a covering roof over a staircase and its landing built to enclose only the stair for the purpose of providing protection from weather and not used for human habitation;

(71)   "structural engineer" shall mean an engineer having a minimum bachelor degree in civil engineering or structural engineering from a recognized University or an equivalent engineering qualification recognized by the Government having at least five years experience in the field of design and construction of structure of the building of different types with at least 5 years experience in structural designs;

(72)   "to construct a building with its grammatical variation means.

(i)       to construct a new building, or

(ii)      to re-construct a building, or

(iii)     to convert a building or any part of a building, not being a flat or block, into a flat or block;

(73)   "tenement" means an independent dwelling unit with a kitchen;

(74)   "Water closet" or the letters "W.C." (being the abbreviation of the whole words "water closet") means a privy with arrangement for flushing the pan with water and does not include a bathroom;

(75)   "Width of a street" means the whole extent of space, including the roadway over any public bridge or flyover, footway and drains attached to such street, within the boundaries of the street as specified in the survey map or other records of a Municipality.

(76)   Words and expressions used but not otherwise defined shall have the same meaning as in the Act.

[2][PART IA

Rule - 2A. Classification of Buildings.

For the purpose of classification of a building according to occupancy; an occupancy shall be deemed to include subsidiary occupancies, which are contingent upon it. The occupancy classification shall include residential, educational, institutional, assembly, commercial, mercantile (retail), mercantile (wholesale), industrial, storage and hazardous occupancies. Principal occupancy shall be the occupancy of covering not less than 50% of the floor area of the building. In case no single occupancy covers more than 50% of the floor area of a building, it shall be classified as a building of "mixed use or occupancy". The classification of buildings, based on principal occupancy, shall be as follows:

(a)      "Residential building" means, any building in which sleeping accommodation is provided for normal residential purpose as the principal use with cooking facility or dining facility or both; such building shall include one or two or multi-family dwellings, lodging, hostels, old age homes, dormitories, apartment houses and flats; In case of hostels or dormitories attached to educational institution there may or may not be any cooking facilities.

(b)      "Educational building" means, any building used for school, college, library or training institute, or day-care purpose involving assembly for instruction, education or recreation incidental to educational buildings;

(c)      "Institutional building" means, any building or part thereof ordinarily providing sleeping accommodation for occupants and used for the purposes of medical or other treatment or care of persons suffering from physical or mental illness, disease or infirmity, care of infants, convalescents or aged persons and for penal or correctional detention in which the liberty of the inmates is restricted; such buildings shall include hospitals, clinics, diagnostic centres, doctor's chamber, dispensaries, nursing homes, sanatoria, custodial institutions and penal institutions like jails, prisons, mental hospitals and reformatories;

(d)      "Assembly building" means, any building or part thereof where group of people congregate or gather for amusement or recreation or for social, religious, patriotic, civil, travel, sports, and similar other purposes; such buildings shall include theatres, motion picture houses, drive-in-theatres, city halls, town halls, ceremonial halls, auditoria, exhibition halls, museums, skating rinks, gymnasium, restaurants/bars, food court eating houses, hotels, boarding houses, places of worship, dance halls, club rooms/houses, entertainment centres, gymkhanas, passenger stations and terminals of air, surface and other public transportation services, recreation piers, multiplex and stadia;

(e)      "Commercial building" means, any building or part thereof used for transaction of business for keeping of accounts and records or for similar purposes; such buildings shall include offices, banks, professional establishments and court houses, for the principal function of transaction of public business and keeping of books and records, and shall also include office buildings (premises) solely or principally used as an office or for office purposes.

Explanation: (i) The expression "office purpose" shall include the purpose of administration and clerical work (including telephone/telegraph and computer operating), and

(ii) The expression "clerical work" shall include writing; bookkeeping, sorting papers, typing, duplicating; punching cards or tapes, machine calculating, drawing of matter for publication, and editorial preparation of matter for publications;

(f)       "Mercantile building" means, any building or part thereof used as shops, stores or markets for display or sale of merchandise and providing services, for office-storage or service facilities incidental to the sale of merchandise and/or services located in the same building; such building shall include establishments, wholly or partly engaged in wholesale trade, warehouses, and establishments engaged in truck transport (including truck transport booking agencies) and shall also include ATM Space, Hyper Market, Safe Deposit Vault and other similar uses.

(i)       "Mercantile building (retail)", that is to say, any building or part thereof used principally as shops, stores or markets for display of merchandise for retail sale thereof or for office and storage of service facilities incidental thereto;

(ii)      "Mercantile building (wholesale)", that is to say, any building or part thereof used principally as shop, store or market for display of merchandise for sale thereof on wholesale basis, or for office and storage or service facilities incidental thereto, and shall include establishment, wholly or partly engaged in wholesale trade, manufacturer's wholesale outlets including related storage facilities, warehouses and establishments engaged in truck transport (including truck transport booking agencies);

(g)      "Industrial building" means, any building or structure or part thereof in which products or materials of all kinds and properties are fabricated, assembled or processed as in assembly plants; such buildings shall include laboratories, power plants, smoke houses, refineries, gas plants, mills, dairies, factories, workshops, automobile repair garages, and printing press;

(h)     "Storage building" means, any building or part thereof used primarily for the storage or sheltering of goods, wares or merchandise as in warehouses, such building shall include. cold storages, freight depots, transit sheds, store houses, public garages, hangars, truck terminals, grain elevators, barns and stables;

(i)       "Hazardous building" means, any building or part thereof used for the storage, handling, manufacture or processing of highly combustible or explosive materials or products which are liable to burn with extreme rapidity or which may produce poisonous fumes or explosions during storage, handling, manufacture of processing or which involve highly corrosive, toxic or noxious alkalis, acids or other liquids or chemicals producing flames, fumes, explosions or mixtures of dust which result in the division of matter in to fine particles subject to spontaneous ignition;

(j)       "Buildings with Mixed Occupancies" shall mean those buildings in which more than one compatible occupancy are present in different proportions thereof; and shall follow Mixed Use Rules in the matter of means of access, occupancy distribution, permissible use of open space, FAR, car parking, and height of building for the purpose of this "Building Rules". The building or buildings will be treated as Mixed Occupancy Group only if the aggregate of other use group is exceeding 25% or in other words predominant use is less than 75%;

(k)      "IT/ITES Building" means, any building or part thereof used for IT/ITES purposes as stipulated in sub-section (2) of section 102B.]

PART II

Building in areas other than municipalities in hill areas

A. Building Sites

Rule - 3. Criteria of using a piece of land as a building site

(1)     No piece of land shall be used as a site for the erection, re-erection, addition to, or alteration of, any building except in accordance with the provisions of the Act and these rules.

(2)     If any question arises as to what, for the purposes of the Act, shall be deemed to be the site for erection, re-erection, addition to or alteration of, any building, the Municipal Authority shall determine the same and his decision shall be final.

(3)     No piece of land shall be used as a building site in Municipality unless the Board of Councilors is satisfied that,

(a)      land record is in conformity with the proposed construction;

(b)      the level of the land is not lower than the level of the crown of the nearest public street;

(c)      the land is capable of being well-drained by means of drainage facilities leading to existing public drains or drainage channels;

(d)      the soil of the building site is likely to sustain the construction of a building thereon;

(e)      where the site is within 5.00 metres of any side of a tank, the owner will take such measures as shall prevent any risk of drainage from such building passing into the tank;

Explanation."soil" shall include rocks, boulders, laterite.

(4)     No piece of land in the municipal area, located in a sinking zone or central business area, as determined by the Board of Councillors, shall be used as a building site without prior approval of the State Government;

Provided that for construction of any building on any building on any piece of land in the municipal areas of the hill areas, prior testing of soil by a Government recognised testing organisation, in respect of land shall be made.

(5)     No piece of land where a closed, sick or other industry was located or is in operation, shall be used as a site for construction of any building, other than an industrial building, without the prior approval of the competent authority appointed under clause (d) of section 2 of the Urban Land (Ceiling and Regulation) Act, 1976 (33 of 1976).

(6)     The site shall abut on a street or projected street and there shall be access from any such street by any passage appertaining to such site.

(7)     If in the opinion of the Municipal Authority it would be unsafe to construct a building on any piece of land, the Municipal Authority may prohibit any construction thereto.

Rule - 4. Applications for approval of building sites and for permission to construct or reconstruct buildings other than huts.

(1)     Before submission of the building plan approval of the building site has to be obtained from the municipal authorities.

The applicant may simultaneously submit the site plan and the building plan to the Municipality for approval at his own risk and cost. But the Municipality shall consider the building plan submitted for approval only after the site plan is approved. In case the site plan is not approved, the submitted building plan shall also be treated as not approved.

(2)     Every application, under sub-rule (1) submitted in Form A, shall state, inter alia, the proposed use of the land as per use group or occupancy.

(3)     Every application, under sub-rule (1), shall be accompanied by a site-plan in triplicate and a fee as may be determined by the Municipality subject to the following:

(i)       for site plan up to 200 sq. metres of area: Rs. 200/- (Rupees two hundred only);

(ii)      for every additional 100 sq. metres of areas or part thereof beyond the first 200 sq. metres: Rs. 100/- (Rupees one hundred only);

Provided maximum fees not exceeding five times the minimum fees as specified, may be determined by the Board of Councillors at a meeting.

Note. The site plan shall be drawn to the scale of not less than one centimetre to six metres and shall be signed by the applicant and by the Licensed Building Surveyor, Architect or Structural Engineer as required for under rule 15 with a certificate to the effect that the site has been inspected personally and the structural design including that of foundation has been made on the basis of recommendations, or findings of the Geotechnical Engineer.

(4)     Every site-plan, under sub-rule (3), shall show or state on the body of the drawing showing the site-plan, the following

(a)      the boundaries of the site and of any contiguous land belonging to the owner thereof with number assigned to plot or premises; 

(b)      the position of the site in relation to neighbouring streets with dimensions; 

(c)      the name of the street on which the site abuts; 

(d)      the position of the building and of all other buildings including existing buildings, if any, which the applicant intends to erect upon his contiguous land referred to in clause (a) in relation to
 

(i)       the boundaries of the site and, in case where the site has been sub-divided, the boundaries of the portion owned by the applicant and also the portions owned by the other owners, and 

(ii)      all adjacent streets, buildings and premises within a distance of 12 metres of the site and of the contiguous land, if any, referred to in clause (a);

(e)      the use or occupancy of all the buildings;

(f)       the direction of North point;

(g)      the means of access from the street to the building, and to all other buildings, if any, which the applicant intends to erect upon his contiguous land referred to in clause (a);

(h)     the schematic position and approximate height and the number of storeys of all other buildings within 12 metres of the site; 

(i)       the free passage or way in front of the building; 

(j)       the width of the street (if any) in front and at the rear of the building; 

(k)      the means of drainage of the proposed building leading to existing public drains or drainage channels with their location in relation to the site;

(l)       the means of drinking water supply to the proposed building indicating the source and the distance from the site including the route through which the pipeline will be laid, if piped water supply is envisaged; 

(m)    the means of power supply to the proposed building on the site, indicating the route through which power supply will be achieved; 

(n)     areas of distress; 

(o)      Such other particulars as are necessary under these rules as may be specified by the Board of Councillors; 

(p)      the location of power line, water line, sewer line, natural drainage channel, jhora, road side drain, protective works.

(5)     In case of a promoter submitting site plan or building plan for approval, all provisions made in the West Bengal Building (Regulations for Promotion of Construction and Transfer by Promoters) Act, 1993 (West Ben. Act XX of 1993) shall apply.

Rule - 5. Further information required to be submitted by applicant.

Within fifteen working days from the date of receipt of an application for approval of building-site, the Municipal authority may require the applicant

(a)      to furnish him with any information on matters referred to in these rules which has not already been given in the documents thereun- der; or

(b)      to satisfy him that there are no objections which may lawfully be taken to the approval of the site.

Rule - 6. Incomplete or defective information.

(1)     If any information or document required under these rules is, in the opinion of the Board of Councillors, incomplete or defective, he may, within fifteen working days from the date of receipt of the same, require further information or documents to be furnished.

(2)     If any requisition made under these rules is not complied with within one month, the application for approval of the building-site may be refused.

Rule - 7. Signature on approved site-plan.

When the competent authority has approved any site plan, the approved plan or plans shall be signed by such officer as may be authorized in its behalf and in such manner as may be directed and two copies of approved site plan will be returned to the applicant.

Rule - 8. Control of development of parks, public open spaces, ponds, wetlands, canals, river and other water front and brick fields.

(1)     For the purpose of these rules, public open space shall mean any open space which is open to the use for enjoyment of the public, whether it is actually used or enjoyed by the public or not and whether the entry is regulated by any charge or not.

(2)     (a) Parks and public open spaces shall be classified for the purpose of these rules into three following groups; 

(i)       the parks and public open spaces with area up to 1500 sq.m. shall be termed as small parks and public open spaces; 

(ii)      the parks and public open spaces with area more than 1500 sq.m. but up to 7000 sq. m. shall be termed as medium parks and public open spaces; 

(iii)     the parks and public open spaces with area more than 7000 sq.m. shall be termed as large parks and public open spaces.

(b) The structure above ground level shall be subject to the following provisions:

No structure other than the following shall be permitted in parks and public open spaces

(i)       statue of public interest;

(ii)      structure related to play equipments and fixtures;

(iii)     structure related to public amenities provided that the height of such buildings shall not exceed 4.00 metres and that total area covered by such building shall not exceed 10% of the total area of the parks and public open spaces, 5% in the case of medium parks and public open spaces and 3% in the case of large parks and public open spaces.

Note. For the purpose of calculation of total area of parks and public open spaces as aforesaid the area of water body, if any, shall be excluded.

(c) The underground structure shall be subject to the following provisions:

(i)       no underground structure shall be allowed in small and medium parks and public open spaces;

(ii)      in large parks and public open spaces underground structure for amenities or parking facilities may be allowed, provided such structure shall not affect the environment or create traffic problem.

(3)     No canal, pond, water body, wetland, rivulets, jhora, water source, natural spring, streams, drains, culverts shall be filled up; Provided that after taking due consideration of the existing relevant Acts, the drainage, slope, slip, landslide, ecology, culture, environment, pisciculture, fire fighting or any other material consideration, and for reasons to be recorded in writing the Board of Councillors with the prior approval of the State Government, may allow any canal, pond, rivulets, streams, rivers, Hood plain area to be filled up.

(4)     (a) the maximum permissible height of a building in such zone shall be 5.00 metres. In the case of a building in the river zone (within 15 metres from river bank) or other water fronts of large water bodies (more than 1000 acres).

(b) In the case of a building on stilts, the maximum permissible height of the building shall be 6.50 metres including the silts, the minimum height of which shall be 3.00 metres. In such building, the stilted portion shall not be allowed to be walled up or covered along the sides;

(c) no building shall be more than 20.00 metres long alongside the river or other water fronts. There shall be a clear linear gap between the two buildings alongside the river or other water front as per following:

(i)       30 metres in case the river width is more than 75 metres;

(ii)      20 metres in case the river width is between 50 and 75 metres;

(iii)     15 metres in case the river width is less than 50 metres;

(d) the maximum permissible covered area of such building shall be 200.00 sq. metres;

(e) the structures for recreational purpose conforming to this sub-rule may be permitted within the adjoining land.

(5)     Existing brick fields shall be allowed to be continued as brick fields within their own boundaries. After being declared as abandoned, the excavated portions shall have to be maintained by the owner at his cost as water bodies where pisciculture or any type of recreational activity may be allowed.

Rule - 9. Sub-division of plots in areas other than municipalities in hill areas.

(1)     No sub-division of any plot within the municipal area shall be undertaken without the prior approval of the Board of Councillors.

(2)     (a) A plot to be sub-divided shall be termed as "mother plot";

(b) sub-division may not be allowed if the "mother plot" abuts a means of access having a width of less than 3.50 metres for plains;

(c) every individual plot obtained by sub-division of the "mother plot" shall abut a means of access having width of not less than 3.50 metres;

(d) the junctions of means of access within the "mother plot" shall be provided with splayed corners measuring not less than 2.50 metres on each side;

Note. Clauses (a) to (of) shall not apply to a scheme for Economically Weaker Section and Low Income Group Housing approved by the Government, and Salt Lake Township;

(e) sub-division may be allowed on the condition that the following facilities shall be provided by the owner at his own cost to the satisfaction of the Board of Councillors:

(i)       drainage facilities with pucca drain ensuring drainage of each individual plot and of the means of access and passages leading to existing public drains or natural drainage channels;

(ii)      all weather means of access and related protective works, if necessary, along with street lighting;

(iii)     streets and passages along with street lighting;

(iv)    sanitary facilities including garbage disposal facilities;

(v)      water supply facilities;

(f) no permission for sub-division of a plot of land shall be granted unless each sub-divided plot is at least 80 sq. metres in area with minimum width of 6.0 m;

(g) no sub-division of a plot shall be granted unless a detailed layout plan of the area proposed to be sub-divided is submitted before the Municipality duly integrating the site layout plan with the general use of the land in the adjoining areas. The existing street pattern as also the other physical infrastructural facilities like drainage, sewerage, water supply, electricity supply with location of high tension or low tension electric line with poles are also required to be shown.

(3)     The maximum permissible length for the means of access shall be as given in the following table:

Maximum length of the means of access

(4)     For "mother plot" measuring more than 5,000.00 sq. metres in area, sub-division may be allowed, provided eight per cent of the total area of the "mother plot" is developed as public open space. The width of each such open space shall not be less than 10.00 metres and each such open space shall abut a street having a width of not less than 7.00 metres. The minimum area of each such open space in one parcel shall be 400 square metres. This open space shall be in addition to the land required for providing the means of access to the individual plots obtained by sub-division of "mother plot".

(5)     For "mother plots" measuring more than 25,000.00 sq. metres in area, subdivision may be allowed, provided seven per cent of the total area of the mother plot is reserved for use for facilities like school, health centre, market, police outpost, milk booth, post office, power sub-station, transport terminal, tree cover, rain water harvesting, sewage recycling, water treatment plant, sewage treatment plant and the like. Such land shall abut a street having a width of not less than 10.00 metres in addition to the land necessary for means of access and for open spaces mentioned in sub-rule (3).

Rule - 10. Masonry building not to be erected without special permission in certain cases.

(1)     Save with the special permission of the Board of Councillors, no building, other than a hut, shall be erected unless

(a)      the site of such building abuts on a public street or a projected public street or a private street duly sanctioned and constructed in accordance with the provisions of the Act or any other law in force immediately before the commencement of the Act; or

(b)      there is access to the building from any such street by a passage or pathway appertaining to such site, and not less than 2.40 metres wide at any part.

(2)     No building shall be erected so as to deprive any masonry or framed building of the appropriate means of access.

(3)     The following buildings shall be exempt from the operation of this rule:

(a)      any building erected or intended to be erected by or with the sanction of the competent authority for use solely as a temporary hospital for the reception and treatment of persons suffering from any infectious or contagious disease;

(b)      any hoarding or like means of protection (other than a masonry wall) which the owner of any premises certifies to the competent authority, not less than seven days after erection, to have been erected for the purpose of preventing threatened acquisition of any easement over his own premises or any portion thereof, provided the stability of such hoarding or other means of protection is certified by the competent authority.

B. Submission of Building Plan 

Rule - 11. Application to the Board of Councillors with a building plan for permission; to erect a new building or to make addition or alteration to a building.

(1)     No person shall erect a new building, or re-erect or make addition to and/or alteration of any building or cause the same to be done without first obtaining a sanction in the form of a Building Permit from the Board of Councillors under these rules.

(2)     Notwithstanding the provisions of sub-rule (1), no Building Permit shall be required subject to consideration of structural safety of the said building as well as adjoining structure at the responsibility of owner and further subject to prior intimation to the Municipal Authority for,

(a)      erection, re-erection, addition to, or alteration of

(i)       an internal partition wall which does not violate any of the provisions of the Act or these rules, or

(ii)      a parapet wall or a cornice or chajja within the boundaries or the site are not overhanging a street, so, however, that the total height of the parapet wall shall not be more than 1.50 metres and width of the cornice or chajja shall not be more than 50 centimetres;

(b)      repairing of a staircase or lift-shaft; boundary wall;

(c)      transparent washing or painting;

(d)      reflooring of the surface of an existing floor;

(e)      re-construction of an existing damaged roof without changing the character and dimension of such roof;

Provided that no such work as is referred to in clauses (a) and (c) shall be undertaken without giving the Board of Councillors fifteen days notice in writing stating the nature of work proposed to be undertaken;

(f)       erection of a false ceiling in any floor for air-conditioning, lighting or decorative purpose; 

(g)      plastering and patch work;

(h)     providing or closing, an internal door or window, or a ventilator, not opening directly opposite a door or a window of another building;

(i)       replacing of fallen bricks, stones or repairing of damaged pillars or beams;

(j)       repairing or renewing existing plumbing services;

(k)      carrying out such other work as is necessary in the opinion of the Board of Councillors, for reasons to be recorded in writing, to maintain the building in a condition of good repair or to secure it to prevent danger to human life.

(3)     Every person intending to erect a new building or to make addition and/or alteration to any building, shall apply for sanction giving notice in writing in Form B attached to this rule along with the following:

(i)       the Application shall contain, in addition to the notice as aforesaid, all declarations, indemnities, which the applicant has to comply with under the building rules, the duties payable under the Indian Stamp Act, in its application to West Bengal, on the various declarations, indemnities;

(ii)      copies of documents showing that the applicant has exclusive right to undertake such works;

(iii)     duly authenticated copies of receipts showing payment of tax to the Municipality for the quarter previous to the date of the application in respect of the land, building or portion thereof upon which the building is proposed to be erected, re-erected, added to or altered and a declaration from the Municipality stating that there is no arrear dues payable to the Municipality;

(iv)    a declaration, stating the name, address and other particulars of technical personnel as the case may be, along with their consent who are engaged as per rule 15;

(v)      requisite number of copies of the drawings as stipulated in rule 12;

(vi)    (i) certified copy of the approved site plan;

(ii) certified copy of the reports of tests for stability of slopes and for soil as per requirements in rule 3 and such test report shall also indicate the maximum load that can be transferred to the soil of the particular site safely;

(vii)   in the case of steel towers, the authenticated copy of the relevant license issued by the Government of India or the State Government.

(4)     In the case of site or plot measuring 500 square metres or above, covered by the Urban Land (Ceiling and Regulation) Act, 1976 (33 of 1976), the notice shall be accompanied by a "no objection certificate" from the competent authority, appointed under clause (d) of section 2 of the said Act, to the effect that there is no objection in respect of transfer of the site or plot under sub-section (3) of section 5 of that Act;

Provided that the requirement as aforesaid shall be deemed to have been waived on the failure of the competent authority to furnish the certificate within three months from the date of reference to it.

(5)     In case the intended use of the proposed building or part thereof is such that a license or permission is required from Government or any statutory body under any law for the time being in force, the necessary permission or license shall have to be obtained prior to use of such space and by virtue of the sanction the application will not have any automatic right of such use nor the sanction will have any overriding effect on any other law or statute in force.

(6)     The notice shall, where necessary, be accompanied by,

(a)      documents, namely Clearance Certificate or Permission or Observation or No Objection certificate, as the case may be, as may be required for obtaining sanction of the building plan;

(b)      certified copy of the registered deed of gift for gifting the land to the Municipality, where necessary;

(c)      a composite declaration of the applicant in the form 'B'.

(7)     (a) All the building plans, enclosures and statements shall be signed by an Architect or a Licensed Building Surveyor, a Structural Engineer, and a Geo-technical Engineer as the case may be, and also by the person intending to erect, re-erect, or alter the building;

(b) An undertaking that the work of erection, re-erection or alteration will be planned, designed and supervised by an Architect or Licensed Building Surveyor, a Structural Engineer and a Geo-technical Engineer, as the case may be, as required under these rules;

(c) an undertaking that no building materials shall be deposited in any street except with the prior written permission of the Municipal Authority and on deposit of fees for stacking material as specified in rule 25 of these rules, the same will be stacked only at a place as may be directed by the Municipality.

(8)     In a case involving pile work, deep foundation work or construction of basement or any other underground structures, including superstructure, the notice shall be accompanied by an Indemnity Bond.

(9)     The notice shall be accompanied by two sets initially of

(a)      key (Location) Plan:The Key Plan drawn to a scale of not less than 1: 4000 shall show the boundary of the location of the site with respect to neighbourhood landmarks and public streets;

(b)      site plan;

(c)      building plan (Architectural); and (of) specifications.

Note. Four number of sets, as may be required, alongwith structural plan, design calculation as well as Geo-technical report, if applicable, shall be submitted for record before issuance of formal sanction.

(10)   The applicant shall, prior to the sanction of the building plan, be required to produce the originals of all the documents duly authenticated copies of which have been enclosed with the notice, for scrutiny.

(11)   The applicant shall also indemnify the municipal authorities for any action, suits, proceedings, claim of damages by any third party, or tenant. Further in case the boundary and site plan is not mentioned in the title document submitted by the applicant in such event a deed of declaration along with boundary plan as well as detail of the boundary along with land area should be registered with the concerned registration authority and the same should be submitted along with application.

Rule - 12. Particulars to be furnished in, and with, an application.

(1)     Every application made under rule 11 shall be written on a printed form (to be supplied by the Municipality) and shall state the location of the site, reference number of approval of the site plan, the number assigned to the premises in the assessment book and its dimensions, and such other particulars as may be specified by the Board of Councillors.

(2)     All site plans, building plans, elevations and sections shall be on drawing sheets which shall be in any of the sizes specified in the table below:

TABLE

Drawing Sheet sizes

(3)     The plans may be ordinary prints of Ferro-paper or other paper or blue • printed or generated print, but one set of such plans shall be blue printed. Prints of plans shall be in the manner specified in the table given below:

TABLE

(4)     The plans shall be coloured as specified in Table of sub-rule (3).

(5)     Building plans, elevations and sectional elevations shall be drawn to scale of 1: 100 and 1:200 for Plans in case of sites whose area exceeds 2000 square metres.

(6)     The plans, sections (longitudinal and sectional) and elevations of building shall indicate and show:

A.       For buildings up to 14.S m. height

(a)      the floor plans of all the floors including roof plan together with the covered area;

(b)      existing buildings and the basement plan, if any, the sizes of rooms and sizes and spacings of structural members and their materials;

(c)      the location of essential services, that is to say, water closet, sink, baths, septic tank and the like, and arrangement for drainage or sewerage and other waste water disposal including sewer connection, if any;

(d)      the sizes of footings, the thickness of basement walls, other walls, floor and roof slabs, the construction materials, sizes and spacing of framing members, floor to ceiling heights, parapet heights with their materials, taking at least one fully dimensioned section (both longitudinally and crosswise) through staircase, bath and water-closet as well as such other sections as would clearly indicate the details of architectural features, mezzanine floors, and lofts;

(e)      the front elevation and all other elevation from the abutting public streets;

(f)       the house drainage plan and site drainage plan up to nearest Municipal outfall or natural outfall; 

(g)      the dimensions of all projected portions beyond the permissible building line; 

(h)     the roof plan indicating the drainage and slope of the terrace; showing position of Rain Water pipes;

(i)       the plans and details of private water-supply and sewerage disposal system, if any;

(j)       (i) the details of breast wall, retaining walls or other protective measures, if any, which are required to be undertaken;

(ii) no part of the proposed building shall be permitted to be erected directly over the retaining or other similar protective walls; (k) where structural design or soil stability and similar other tests are necessary for a building under any provision of these rules, the copy of details of reports and/or recommendations of soil stability or other tests and/or copy of details of calculations for structural design duly signed by the competent personnel as specified in rule 15 or rule 161 (for Municipalities in hill areas).

B.       For buildings exceeding 14.5 metresIn height

The building plan shall, in addition to the provision of sub-rule (1) also show:

(a)      special requirements as to access, circulation, building services and safety, human health and Fire based on occupancies or use group as laid down in National Building Code of India, and in the West Bengal Fire Services Act, 1950 (West Ben. Act XVIII of 1950).

(b)      parking layout plan showing parking spaces, driveways together with ingress or egress arrangements;

(c)      width of main and alternate staircases along with balcony approach, corridor, ventilated lobby approach;

(d)      location and details of lift enclosures;

(e)      location and size of fire lift;

(f)       smoke-stop lobby or door, where provided;

(g)      details of exits including provisions of ramps in the case of hospitals and for special risks;

(h)     location of smoke exhauster and fan;

(i)       location of smoke exhauster in basement;

(j)       details of fire alarm network;

(k)      location of centralized control connecting the alarm system, built-in-fire protection arrangements and public address system;

(l)       location and dimensions of static water storage tank and pump room along with fire service inlets for mobile pump and water storage tank;

(m)    location and details of fixed fire protection installations such as sprinklers, wet risers, hose reels, drenchers and carbon dioxide installation;

(n)     location and details of first aid equipment;

(o)      special requirements, if any, of occupancies for residential building, educational building, institutional building, assembly building, business building, mercantile building, storage building, industrial building and hazardous building under these rules;

(p)      location for installation of a sub-station for electric supply, transformer, generator and switch gear room;

(q)      location of the air-conditioning plant room, if any;

(r)      plan for installation of boilers, if any;

(s)      refuse chutes and refuse chamber, if any;

(t)       location for signs and outdoor display structures, if any;

(u)     conveniences for physically challenged personnel.

(7)     Doors and windows schedule shall show sizes of doors, windows, and frames.

(8)     The plan in its headline shall indicate specifically,

(a)      the purpose of construction,

(b)      the name of the owner,

(c)      the name of the police-station, and

(d)      the name and jurisdiction list number of the mouza and cadastral survey or revisional settlement number of the plot or plots of the site, if required.

(9)     The nearest road of 3 metre width or more with the pathway connecting the road and the site should be shown in case of plot abutting roads less than 3 metre.

(10)   In case of addition, alteration or reconstruction of old buildings, which were constructed prior to enforcement of any building rules in the concerned area without the approval of any authority, in addition to the documents, as stipulated in this rule, structural stability certificate as per provisions of sub-rule (1) of rule 170 shall be submitted with the building plan, and in all such cases the sanction shall be made as per the provisions of these rules.

Rule - 13. Specification and other information to accompany the application with building plan.

Every such application shall further be accompanied by a brief specification giving the following information:

(a)      the materials, and method of construction to be used for external walls, partition walls, foundations, roofs, floors, stairs, fire place and chimneys;

(b)      the manner in which roof drainage and house drainage and the surface drainage of the site will be disposed of;

(c)      the manner, if any, in which it is proposed to pave the court-yard and open spaces in the building or premises and the scope to which the surface is to be made in each case;

(d)      the means of access that will be available for removal of nuisance;

(e)      proposed occupancy or use of the building for ensuring conformity with the provisions of Chapter XIV of the Act;

(f)       the area of plot, area of the plinth of the proposed and existing buildings, if any, and the area of open spaces left; (g) the number and area of each tenement, the area put to different occupancy or use group in all the floors of the proposed building including the same for existing building, if any;

(g)      safety measures proposed to be taken during the construction of the building; 

(h)     for buildings, other than residential and educational buildings, the means of ingress and egress of vehicles shall be indicated;

(i)       the position of water tanks with size which shall have to be constructed below the ground or just above;

(j)       the area of garage, if any; 

(k)      number of flats proposed to be built in each floor and total number of flats, if any;

(l)       calculation of F.A.R.; and 

(m)    an indemnity bond in Form V, in the case of building plans having provisions for deep foundation work, piling work, construction of basement or underground construction.

Rule - 14. Preparation of plan and supervision of execution of work in areas other than Municipalities in hill areas.

(1)     Every person who intends to erect, re-erect or add to, or alter, any building shall get its plan prepared and structural work designed and supervised by an architect or structural engineer or licensed building surveyor as required under rule 15. While submitting the plan the architect or licensed building surveyor or structural engineer shall certify to the effect that the site has been personally inspected while planning the building and/or designing the structural members, as well as he has taken into account the findings of or recommendations of stability analysis as well as soil tests performed as and where necessary under this rule.

(2)     In all such cases, the licensed building surveyor, structural engineer or Geo-technical Engineer shall have to be empanelled with the Municipality.

(3)     The name, address and license or empanelment number of the person so employed and serial number or registration number in the case of architect shall be stated in the application in respect of such building.

(4)     In case of building plans or site plans submitted by the Central Government or the State Government or by organization controlled by the Central or the State Government, if the plans are prepared and submitted under the signature of the Government engineer or Architect, who are employees of the applicant organization, sub-rule (1) of this rule shall not be applicable:

Provided that the minimum qualification of the Government Engineer or Government Architect will be same as in the case of Architect or Licensed Building Surveyor, Empanelled Structural Engineer or Geo-technical Engineer.

Rule - 15. Engagement of technical personnel in areas other than municipalities in hill areas.

(1)     Every person who intends to erect, add to or alter any building shall, subject to the provisions of the Act and these rules, engage,

(a)      for all buildings below 11.5 metre in height, a technical personnel not below the rank of a Licensed Building Surveyor for planning, design and construction of the building structure and the foundation;

(b)      for all buildings from 11.5 metre to 14.5 metre in height and/or for erection involving pile works, deep foundation works or construction of basement or any other underground structure thereto, a Licensed Building Surveyor and/or an Architect and a Structural Engineer, for planning, design and construction of the building including foundation; and

(c)      for all other buildings above 14.5 metre in height and/or for erection involving pile works, deep foundation works or construction of basement or any other underground structure thereto or separately, a Licensed Building Surveyor and/or an Architect, a Structural Engineer and a Geo-technical Engineer for planning, design and construction of building:

Provided that the Licensed Building Surveyor, the Architect, the Structural Engineer and the Geo-technical Engineer will work in association with one another and they will be individually or collectively responsible for ensuring the safety of the building structure and its foundation.

(2)     In case of death, resignation or removal of Architect, Structural Engineer, Geo-technical Engineer or Licensed Building Surveyor, as the case may be, a fresh engagement shall be made forthwith and shall be notified to the Chairman of the Municipality. No work shall be carried out in the intervening period, if any.

(3)     The validity of any engagement made under this rule shall lapse, in the case of an Architect with lapse of validity or registration granted under the Architects Act, 1972, (2 of 1972), or in the case of a Structural Engineer and a Geo-technical Engineer, with the lapse of empanelment, or in the case of a Licensed Building Surveyor, with lapse of the validity of license.

(4)     A Licensed Building Surveyor shall have

(a)      a minimum Bachelors' degree in Civil Engineering or Construction Engineering or Architecture from a recognised university or an equivalent engineering qualification recognised by the Government and shall not have less than 2 years' experience in planning, design and execution of building works including sanitary and plumbing works related to buildings, or 

(b)      a diploma in Civil Engineering or Architecture from a recognised university or an equivalent engineering qualification recognised by the Government and shall not have less than 5 years' experience in planning, design and execution of building works including sanitary and plumbing works related to buildings.

Rule - 16. Duties and responsibilities of Architect and Licensed Building Surveyor.

Duties of the Architect and Licensed Building Surveyor shall be as follows:

(a)      they shall be conversant with the provisions of the Act, these rules and all relevant rules and regulations made under the Act and shall prepare plans, sections, elevations and other structural details as per the provisions of these rules,

(b)      they shall prepare and submit all plans as may be necessary together with all documents and other details which are required to be submitted under these rules,

(c)      they shall comply with all requisitions received from the Municipal Authority in connection with the work under their charge promptly, expeditiously and fully. When they do not agree with such requisition, they shall state their objections in writing within the stipulated time, in default of which the plans and the notice shall be rejected,

(d)      they shall immediately intimate to the owners of the corrections or other changes they make on the plans, documents and details as per requisition from the Municipal Authority,

(e)      they shall not prepare and submit plans, if the same is intended to be executed in contravention of the provisions of the Act,

(f)       they shall give all facilities to the Municipal Authority to inspect and examine the work in progress,

(g)      they shall be held responsible for any work executed on site in contravention of the provisions of the Act, these rules or other relevant rules and regulations, 

(h)     they shall not deviate or allow any deviation from the sanctioned plan in the execution of work at site except in accordance with the provisions of rule 31, 

(i)       they shall submit the completion certificate and completion plan immediately after the work is completed, 

(j)       they shall be deemed to have continued their supervision and control of construction of the building unless they have given notice in writing to the Municipal Authority that they have ceased to serve as the Architect or Licensed Building Surveyor for the building and shall be held responsible for the work executed up to the date of intimation,

(k)      the Municipal Authority shall exercise control over the action of any Architect or Licensed Building Surveyor, as the case may be, and may in the case of violation of any of the provisions of the Act and these rules

(i)       in the case of a Licensed Building Surveyor, suspend or revoke the license;

(ii)      in the case of an Architect, make a reference to the Council of Architecture for taking necessary action under the Architects Act, 1972.

Rule - 17. Duties and Responsibilities of Structural Engineers.

Duties and responsibilities of Structural Engineers shall be as follows:

(a)      he shall be conversant with the provisions of the Act and all relevant rules and regulations made under the Act and shall prepare structural designs and structural details as per the provisions of these rules,

(b)      he shall prepare and submit all such structural plans together with all documents, calculations in proper forms and other details including structural design of foundations, prepared in consultation with the Geo-technical Engineer, as are required to be submitted under these rules,

(c)      he shall comply with all requisitions received from the Municipal Authority in connection with the work under his charge promptly, expeditiously and fully. When he does not agree with such requisition, he shall state his objections in writing within stipulated time, in default of which the plans and the notice shall be rejected,

(d)      he shall immediately intimate the person, who has engaged him of the corrections or other changes, he makes on the structural plans, documents and details as per requisitions from the Municipal Authority,

(e)      he shall not prepare and submit the structural plans, if the same are found to be in contravention of the provisions of the Act,

(f)       he shall be responsible for full quality control of materials and workmanship at site and carry out necessary tests on materials used at site, conducted by recognized institutions or recognized organization. No completion certificate will be issued unless copies of such test reports are submitted by the structural engineer for departmental record along with the structural stability certificate of the building/s,

(g)      he shall give all facilities to Municipal Authority to inspect the work in progress,

(h)     he shall be held responsible for the structural design and execution of the same on site and for contravention of the provisions of the Act, these rules and other relevant rules and regulations relating to structural safety,

(i)       he shall not deviate or allow any deviation from the submitted structural plan in the execution of work at site,

(j)       the Licensed Building Surveyor, the Architect, the Structural Engineer and the Geo-technical Engineer shall work in association with one another and they shall be individually or collectively responsible for ensuring the safety of the building structure and its foundation,

(k)      he shall submit a certificate that the structure has been constructed as per submitted structural plans and the building is safe for occupation along with the application for completion certificate after the completion of the building,

(l)       he shall be deemed to have continued his supervision unless he has given notice in writing to the Municipal Authority that he has ceased to serve as the Structural Engineer for the work and submits a status report of the work completed under his supervision. He shall be held responsible for the work executed up to the date of intimation,

(m)    he shall forthwith inform the Municipal Authority as to the person who has engaged him under rule 15 of these rules. 

Rule - 18. Duties and Responsibilities of Geo-technical Engineers.

Duties and responsibilities of Geo-technical Engineers shall be as follows:

(a)      he shall be conversant with the provisions of the Act and all relevant rules and regulations made under the Act and shall conduct soil investigation and submit report as per provisions of these rules,

(b)      he shall prepare and submit all such reports, calculation in proper forms recommending the size, shape and type of foundation confirming all relevant B.I.S. Codes and National Building Code of India,

(c)      he shall be responsible for the execution of the type of foundation as recommended by him and other relevant rules and regulations relating to the safety of the foundation of the structure,

(d)      he shall submit a certificate that the type of foundation of the structure has been constructed as per the recommendations made by him in the report and the building is safe in respect to its foundation along with the notice of completion of work upto plinth level,

(e)      the Licensed Building Surveyor, the Architect, the Structural Engineer and the Geo-Technical Engineer shall work in association with one another and they shall be individually or collectively responsible for ensuring the safety of the building structure and its foundation,

(f)       he shall be deemed to have continued his supervision unless he has given notice in writing to the Municipal Authority that he has ceased to serve as the geo-technical engineer for the work and submits a status report of the work completed under his supervision. He shall be held responsible for the work executed upto the date of intimation,

(g)      he shall forthwith inform the Municipal Authority as to the person who has engaged him under the rule 15 of these rules,

(h)     he shall comply with all requisitions received from the Municipal Authority in connection with the work under his charge promptly, expeditiously and fully. When he does not agree with such requisition, he shall state his objections in writing within stipulated time given by the Board of Councillors, in default of which the plans and the notice shall be rejected.

Rule - 19. Time and manner of disposal of application under rule 11.

Within sixty days from the date of receipt of an application with building plan, the Board of Councillors may require the applicant

(a)      to furnish it any information on matters referred to in these rules which has not already been given in the documents thereunder; or

(b)      to satisfy it that there are no objection which may lawfully be taken to the approval of the building plan.

Rule - 20. Action to be taken while a building is under construction.

One copy of the sanctioned building plan shall be kept at the site of the building at all times when building operations are in progress and such plans shall be made available at all such times for the inspection of the Municipality or of any officer authorised by it in that behalf.

Rule - 21. Sanction of building and permission to execute work.

(1)     Within sixty days of the receipt of any application with building plan or of any information or documents which the Board of Councillors may reasonably require the applicant to furnish before deciding whether permission shall be granted to execute any work, the Board of Councillors shall, by written order

(a)      accord sanction, in Form 'C, to the building plan conditionally or unconditionally and to give permission to execute the work, or

(b)      refuse in Form 'D' on one or more of the grounds mentioned in section 210 to accord such sanction, or

(c)      accord sanction but impose conditions for permission to execute the work, or

(d)      accord provisional sanction under the proviso to section 210: Provided that in the case of a provisional sanction, the applicant shall furnish a statement to the effect that, if he is unable to produce the license or permission as required, the provisional sanction shall be at his own risk and cost and shall not be made final and the occupancy certificate under subsection (2) of section 212 shall not be issued in respect of the use which is affected by the provisions of section 210.

(2)     The Building Permit shall not be issued till a duly authenticated copy of a receipt showing payment to the Municipality of the Building Permit Fees payable under rule 24 or rule 100 of these rules for the sanction of the building, is produced before the Chairman-in-Council.

Rule - 22.Building Permit (sanction for building construction plan).

The Building Permit shall, in conformity with the provisions of the Act, clearly and specifically state the occupancy or use group for which the Building Permit is valid.

In the case of a building which is intended to be erected at the corner of two streets, the Building permit shall specify the conditions imposed under clause (of) of section 213.

The Building Permit shall, as required, specify the conditions imposed regarding use of inflammable materials,

One set of the plan (along with another set of certified copy of plan) and specification submitted along with the notice duly countersigned by the Municipal Authority, shall be returned to the applicant along with the Building Permit

Rule - 23. Duration and expiry of sanction of building plan.

(1)     A sanction to erect a building accorded under these rules shall be valid for three years from the date on which it is sanctioned and may be renewed thereafter for a further period of two years on payment, in cash or bank draft, of such fee as may be determined by the Chairman-in-Council on the basis of rule 24, and on production of the previously sanctioned building plan. A building plan may be revalidated for a further period of 5 years only in case a building has been partly completed and occupancy certificate in terms of rule 34 has been issued as well as on production of the previous sanctioned building plan, the completion certificate and on receipt of fees subject to minimum of 25% and maximum of 50% of sanction for construction of building fee required to be paid as to be determined by the municipality from time to time.

(2)     The erection of a building or work shall be completed within the period specified by the Board of Councillors under section 211.

Rule - 24. Fees for sanction of building plans.

(1)     (a) The Board of Councillors shall levy a fee for sanction of building plan at such rates, specified as following on the basis of the sanctioned total covered area in all floors:

(i)       for building work up to 30 sq. metres of total covered area in all floors.............Rs. 500/- (Rupees five hundred only)

(ii)      for every additional 10 sq. metres of covered area or part thereof beyond the first 30 sq. metres.............. Rs. 75/- (Rupees seventy five only);

However maximum fees not exceeding 5 times the minimum specified fees may be determined by the Board of Councillors at a meeting.

(b) The rates as aforesaid shall be the basic rates and shall be applicable to Residential Buildings for own use:

Provided that for sanction of building plans for thatched buildings to be constructed with mud, mortar, and brick in slum areas a fee at the flat rate of Rs. 200/- (Rupees two hundred only) shall be levied.

(2)     The Board of Councillors shall levy the following fees, calculated on the basis of basic rates specified in sub-rule (1), for sanction of buildings plan other than plan for residential buildings for own use:

(a)      In case of Apartment Residential Building other than self use of the applicant, double the basic rate shall be charged;

(b)      for Institutional Buildings, Assembly Buildings, Business Buildings and Mercantile Building, six times the basic rate shall be charged;

(c)      for Industrial Buildings, Storage Buildings and Hazardous Buildings, eight times the basic rate shall be charged;

(d)      in case of Charitable Institutional Building or Educational Building, not exceeding half the basic rate may be charged with the approval of Board of Councillors.

(3)     In the case of steel towers, the Board of Councillors shall levy fees at the rate of Rs. 10 per cubic metre of the volume of such towers.

(4)     The Board of Councillors shall levy a development fee subject to the maximum of 10% of the construction of the building, in additional to the fees specified in sub-rule (1) or sub-rule (2), as the case may be, for sanctioning the building plan of any building whose Floor Area Ratio has been calculated on the basis of a means of access which is a National Highway, State Highway or any such access having width of 15 metres or more.

Rule - 25. Stacking Fees.

(1)     The Municipality may specify rates at which Stacking Fee payable in respect of a permission for stacking. Depositing any building materials including building rubbish in any street shall be charged and different rates may be specified for different categories of streets subject to minimum 10% and maximum 50% of fee for sanction of the building construction per month.

(2)     The Stacking Fee payable in any case shall be calculated on the basis of the total area sanctioned in the building plan including basement, covered parking space, and mezzanine floor.

(3)     The Stacking Fee shall be paid along with the sanction fee prior to obtaining sanction of a building plan.

(4)     The Stacking Fee shall not be refundable under any circumstances.

(5)     For stacking of material on the road, applicant will have to take prior permission from the Municipality for stacking materials. The stacking fee will be applicable for all plots except those with land area more than 2000 sq.m., subject to an undertaking that the applicant will not stack any building material including excavated earth on the Public Road.

Rule - 26. Signature of approval plans.

When the Board of Councillors has given permission to execute any work, the approval plans of the work shall be signed by such officer as may be authorised in its behalf and in such manner as he may direct and one set of approved plan and one set of certified copy of the approved plan shall be handed over to the applicant.

Rule - 27. Retention of plan and submission of fresh applications.

When sanction to erect a new building (other than a hut) is refused

(a)      the Board of Councillors shall retain two copies of the plan and shall, without charge, furnish the applicant with its reason for such refusal in writing; and

(b)      the applicant may, at any time, thereafter, send to the Board of Councillors a fresh application and fresh or modified documents under these rules with the object of meeting the objections for which such sanction was refused.

C. Commencement of Work

Rule - 28. Notice to the Board of Councillors before commencement ofwork.

(1)     Not less than seven days before any person commences to erect or re-erect a building, the owner of the building shall send to the Chairman a written notice, in Form 'E', specifying the date on which he proposes to commerce the work.

(2)     From the date of commencement upto the date of issue of occupancy certificate the applicant shall" keep at the site copies of one set of plans and specifications and any provisions thereof as returned to him by the Municipal Authority along with the building permit and shall also exhibit at a conspicuous place the number of the premises, the name of the Architect or Licensed Building Surveyor, as the case may be, the name of the owner and number and date of the building permit.

(3)     Where any tests in respect of any material and/or works are made to ensure conformity with the requirements of these rules, copies of reports and records of the tests shall also be kept for inspection at the site.

Rule - 29. Prohibition of work at night

No person shall without obtaining permission from the Municipal Authority, erect, re-erect, alter or add to a building or execute any work between the hours of sunset and sunrise. The authority shall check that such permission will conform to the permissible noise level as per norms laid down by the West Bengal Pollution Control Board.

Rule - 30. Notice for completion of work up to plinth level.

(1)     After the completion of the structural work up to the plinth level or up to one metre above ground level, whichever is higher, the applicant shall give a notice to the Board of Councillors, in Form 'F, to enable him to inspect such work.

(2)     An Officer of the Municipality duly authorised in this behalf shall inspect the work at the site within fifteen days from the date of the receipt of the notice and within seven days of such inspection issue necessary direction, if any.

Rule - 31. Deviations during construction.

(1)     No deviation from the sanctioned plan shall be made during erection or execution of any work.

(2)     Notwithstanding anything contained in sub-rule (1),

(a)      if during erection or execution of work any internal alteration within the sanctioned covered space which does not violate the provisions of the Act or these rules is intended to be made, the person referred-to in sub-rule (1) of rule 11 shall inform the Board of Councillors by notice in writing along with a certificate from the Architect or the Licensed Building Surveyor, as the case may be, together with drawings incorporating the deviations and structural calculation in case of structural deviations, stating the nature and purpose of such deviations at least fifteen days prior to carrying out such erection or execution of work, and may proceed with the execution of such work subject to the condition that such deviations shall be incorporated in the 'Completion Plan' under rule 33;

(b)      if during the erection or execution of work any external deviation beyond the sanctioned covered space, either horizontal or vertical or both, is intended to be made and which does not violate the provisions of the Act or these rules, the person referred to sub-rule (1) of rule 11 shall, prior to carrying out such erection or execution of works, submit, in accordance with the provisions of these rules, a revised plan incorporating the deviations intended to be carried out, for obtaining necessary sanction therefor;

(c)      if total sanctioned building is intended to be shifted as a whole within the periphery of the boundary keeping mandatory open space within the rule, this can be permitted with prior notice to the Municipal Authority with a revised plan. After serving such notice the owners may be allowed to proceed with the work unless there is any objection from the end of the Municipal Authority within 15 days. 

Rule - 32. Demolition of unauthorized construction.

(1)     The Board of Councillors may order for demolition or alteration of any building, if it is satisfied that the erection of any building

(i)       has commenced without obtaining the sanction or permission of under the law, or

(ii)      is being carried on or has been completed otherwise than in accordance with the particulars on which such sanction or permission or order is based or after such sanction or permission has been lawfully withdrawn, or 

(iii)     is being carried on or has been completed in breach of any provision of the Act or these rules or of any condition, modification, direction or requisition lawfully given or made under the Act or under these rules.

(2)     If any material alteration of, or addition to, any building has been commenced or is being carried on or has been completed in breach of any provision of the Act or these rules or if any alterations required by any notice issued under these rules have not been duly made, the Board of Councillors may, make an order directing that such erection, alteration or addition, as the case may be, or so much thereof as has been executed unlawfully, or if any structure specified in the application or plan or specification as a structure to be demolished or altered before the erection of the new building, has not been demolished or altered, or if any material alterations or additions have been made, such alterations or additions shall,

(a)      be demolished by the owner thereof or altered by him to the satisfaction of the competent authority, as the case may require; or

(b)      be demolished or altered by the competent authority at the expense of the said owner;

(c)      all demolished materials shall be removed by the Municipality at the cost of the owner or to the satisfaction of the Municipality within a maximum period of 30 days from the date of demolition;

Provided that prior to carrying out any demolition of any building or part thereof as described in the notice, the owner of the building shall be given a notice stipulating therein the date and time to appear himself or through his authorized representative before the Board of Councillors, who will hear the circumstances under which such deviation unauthorized construction work has been carried out and after hearing record the order of the Board-of-Councillors and the said order shall be communicated to the owner officially.

Rule - 33. Completion of work.

Within one month after the completion of the erection of a building or the execution of any work, the owner of the building shall submit a notice of completion in Form 'G' as required under section 212 of the Act. In case of deviation as stated in clause (a) of sub-rule (2) of rule 31, the notice shall be accompanied by three sets of building plan marked 'completion plan' with all revisions and modifications including those referred to in sub-rule (2) of rule 31. The plans shall be duly signed by the applicant and the concerned technical personnel specified in rule 15:

Provided that for a residential building or educational building in any municipal area, excepting the Salt Lake Township, not exceeding 8.0 metre in height on a plot of 200 sq.metre in area, application of this rule may not be insisted upon but the owner will have to intimate in writing to the municipality about the completion of such building.

Note. The notice shall be accompanied by a structural safety certificate duly signed by the Architect or Licensed Building Surveyor and/or Empanelled Structural Engineer, as the case may be, and wherever applicable shall be accompanied by

(a)      in the case of a building having more than three separate and independent residential units or apartments and all buildings other than residential buildings, a certificate from the Technical persons employed as per rule 15 that inside house drainage and water supply net work have been completed to the satisfaction of the Municipal Authority;

(b)      fire safety certificate, if applicable under the West Bengal Fire Services Act, 1950 (West Ben. Act XVIII of 1950) and the rules made thereunder;

(c)      in the case of building referred to in clause (a), a certificate from the electric supply undertaking regarding provision to its satisfaction, of transformer, sub-station, ancillary power supply as required;

(d)      a certificate pertaining to the lift installation, if any;

(e)      such other certificates or documents or declarations as are necessary under any law for the time being in force or as the Municipal Authority may, from time to time, specify in this behalf.

Rule - 34. Occupancy certificate.

(1)     Within fifteen days of receipt of the notice of completion of building or work, the Board of Councillors or the authorised representative in this behalf shall inspect the building or work and shall satisfy itself or himself that the erection of the building or the execution of the work has been done in accordance with the sanctioned plan.

(2)     Within fifteen days from inspection, the Board of Councillors shall, if it is satisfied that the building or the work has been completed in accordance with the sanctioned plan, issue an occupancy certificate, in Form 'H':

Provided that such certificate shall not be issued in the case of a building or any work for which provisional sanction was given unless the applicant produces before the Chairman the license or permission required for sanctioned for construction of building:

Provided further that the occupancy certificate shall be issued only after all the extra materials like sand, boulders, stone chips, cement, steel, bamboo, timber, lying on the public road have been removed by owner and the damages to public property, if any, has been made good by the owner with his own cost to the entire satisfaction of the Board of Councillors.

(3)     After due verification, one set of the building plan shall be returned to the applicant with the endorsement of approved completion plan under the signature of the Chairman or an officer authorised in this behalf.

(4)     The Board of Councillors may, upon a written request from an applicant and on his furnishing an indemnity bond undertaking to indemnify the Board of Councillors against any risk, danger or damage to any person, whether an occupier or not, and on his giving an undertaking to ensure, in such manner as the Board of Councillors may specify, public safety, issue a partial occupancy certificate, subject to the provisions of sub-rule (1) and the proviso to sub-rule (2):

Provided that no partial occupancy certificate shall be issued unless the Board of Councillors is satisfied that the portion for which such partial occupancy is solicited is in a habitable condition:

Provided further that when the erection of the building or the execution of the work is completed within the period or the extended period provided for in the Act, the applicant shall apply for conversion of the partial occupancy certificate or issue of an occupancy certificate and such certificate may be issued in accordance with the provisions of these rules.

(5)     In a case where the occupancy certificate is refused, the Board of Councillors shall communicate the reasons in writing, to the applicant within thirty days from the date of receipt of the notice of completion of the work.

(6)     In case where, in the opinion of the Board of Councillors, the Building or the work has not been completed in accordance with the sanctioned plan, it may take necessary action in accordance with the provisions of the Act and these rules.

(7)     The Board of Councillors shall not permit connections to be made to municipal water mains and municipal drains, if any, from any new building in respect of which occupancy certificate has not been issued:

Provided that the Board of Councillors may order severance of such connections if it is of the opinion that the conditions of the partial occupancy certificate are being violated or if further erection of the building or execution of the work is proceeding contrary to the sanctioned plan.

(8)     The Board of Councillors shall not permit connections to be made to municipal water mains, if any, from any new building in respect of which water connection fee, as may be specified by the Board of Councillors under the relevant rules, has not been paid in advance.

(9)     Tolerance Limit for architectural measurement before or after finishing works on the outer face of the wall at the ground floor level shall be 50 mm.

Rule - 35. Delay in issue of occupancy certificate.

(1)     In case where, within a period of thirty days from the receipt of the notice of completion, the Board of Councillors fails to issue an occupancy certificate or to communicate refusal, the applicant may make a representation in writing to the Chairman.

(2)     The Chairman shall, after such enquiry as he may think fit, and after giving the applicant an opportunity of being heard, issue the occupancy certificate or communicate refusal of the same to the applicant within a period of thirty days from the date of receipt of the representation.

Rule - 36. Prohibition of use of building without occupancy certificate.

No person shall occupy or permit to be occupied a building erected or re-erected or altered under the Act in respect of which an occupancy certificate or a partial occupancy certificate under these rules has not been issued by the Board of Councillors.

Rule - 37. Work subsequent to issue of occupancy certificate.

If any re-erection or addition or alteration of a building in respect of which an occupancy certificate has been issued is intended, a fresh notice under the Act or these rules, as the case may be, shall be necessary.

Rule - 38. Notice for covering up drains, etc.

(1)     Before proceeding to cover up drains or appliances connected with the drainage, the applicant shall give a notice to the Board of Councillors, in Form I, stating that such-drains or appliances are ready for inspection and shall specify the date and hour not being a date earlier than seven days from the date of the notice on which he will proceed to cover up such drains or appliances.

(2)     An officer of the Municipality duly authorised by the Board of Councillors in this behalf shall inspect the work at the site and, within three days of such inspection, issue necessary direction, if any.

Rule - 39. Power of Board of Councillors to guard against accidents during construction or repairs.

The Board of Councillors shall, so far as practicable during the construction or repair of any building, street, drain, water-supply line or other premises vested in the Municipality or in an owner, cause proper precaution for guarding against accident to be taken by shoring up and protecting the adjoining buildings, and shall cause such bar, chain or post as it shall think fit, to be fixed across or in any street to prevent the passage of any carriage, cart or other vehicle, or of cattle, and avert danger while such construction or repair is being carried on, and shall cause such construction or repair work in a street to be sufficiently lighted and guarded during the night.

Rule - 40. Power of Board of Councillors to cause hoards or fences to be set up during construction, repair, etc.

A person intending to construct or take down any building or any other structure or to alter or repair any other structure externally shall, if the position or circumstances of the work is or are likely to cause, or may cause obstruction, danger or inconvenience in any street, before beginning such work,

(a)      obtain beforehand permission in writing from the Board of Councillors so to do; and

(b)      cause sufficient hoards or fences to be put up in order to separate the area where the work is to be carried on, from the street, and shall maintain such hoards or fences standing and in good condition to the satisfaction of the Board of Councillors during such time as the Board of Councillors considers necessary for the public safety or convenience, and shall cause the same to be sufficiently lighted during the night and shall remove the same when directed by the Board of Councillors.

Rule - 41. Power as to inflammable structures.

(1)     (a) The Board of Councillors may, by public notice, direct that within certain limits to be fixed by it, the roofs and external walls of huts or other buildings shall not be made or renewed with grass, mats, leaves or other highly inflammable materials without the consent of the Chairman in writing.

(b) The competent authority may, at any time, by written notice, require the owner of any building, which has an external roof or wall made of such material as aforesaid, to remove such roof or wall within such reasonable time as shall be specified In the notice, notwithstanding that the public notice has not been issued or that such roof or wall was made with the consent of the competent authority on or before the issue of such notice.

(2)     The floors of the lobbies, corridors, passages and landings of a building other than residential or educational shall be constructed of incombustible materials; the doors shall be constructed of fire-resisting materials and the flights of stairs shall be constructed either of incombustible materials or fire-resisting material.

(3)     The following material shall, for the purposes of this rule, be deemed to be incombustible:

(a)      brick-work constructed of bricks, well-burnt, hard, and sound, properly bounded and solidly put together with

(i)       mortar compounded of lime and sharp clean sand, hard clean broken brick, broken flint, grills or slag, well pulverized, or

(ii)      cement mixed with any of the materials mentioned in subclause (i);

(b)      granite or other stone which is suitable for building purposes by reasons of its solidity and durability;

(c)      slate, tiles, bricks and terracotta, when used for coverings or corbels;

(d)      flag-stones when used for floors over arches, if not exposed on the underside and if not supported at the ends only;

(e)      concrete, composed of broken brick, stone chippings or selected slag and lime, cement or calcined gypsum, when the concrete is used for filling in between joists of floors to a depth of not less than ten centimetres;

(f)       any combination of concrete, steel or iron or any other materials approved in this behalf from time to time by the Board of Councillors.

Explanation. In this rule, the expression brick, lime or cement shall mean respectively such brick, lime or cement as conform to the standard and quality specified in this behalf in the latest edition of the National Building Code.

(4)     The following materials shall, for the purpose of sub-rule (2), be deemed to be fire-resisting, but not incombustible:

(a)      sal, teak, and other hard timber, when used for beams or posts or in combination with steel, the timber and the steel (if any) being protected by plastering in cement or other incombustible or nonconducting external coating;

(b)      in the case of staircases, sal, teak or other hard timber, not less than four centimetres thick; and

(c)      in the case of staircases, sal, teak or other hard timber, the treads and risers being not less than four centimetres thick.

Rule - 42. The structural design

(1)     The structural design of foundation, masonry, timber, plain concrete, reinforced concrete, prestressed concrete and structural steel shall be in accordance with the provisions of the latest edition of the National Building Code of India and relevant Codes of practice of the Bureau of Indian Standards meant for plain and/or hill areas, as provided in rule 86.

Provided that for the municipal areas in hill areas, the structural design for all parts of the building shall be prepared taking into consideration the seismic factors in accordance with the relevant BIS Codes of Practice or Guidelines.

(2)     Unless otherwise specifically provided for in the Act or these rules, all materials and workmanship shall be of good quality, confirming generally to the accepted standard of the Public Works Department of the Government of West Bengal or Indian standard specification as included in the Part V on Building Materials and Part VII on Constructional Practice and Safety of the latest edition of the National Building Code of India.

Rule - 43. Distance from electric lines.

No building, or verandah, or balcony or projection in any building shall be permitted to be erected, re-erected, added to or altered, in any case where the distance between such construction and any overhead electric lines, in accordance with the provision of the Electricity Act, 2003 (36 of 2003), is less than that specified hereinafter:

Note"m" indicates Metre.

Rule - 44. Rat-proofing.

(1)     Every building or part thereof, designed or intended for use of dwelling, storage or sale of food stuff, shall conform to the requirements specified in sub-rules (2) and (3).

(2)     Every such building, unless supported on posts, shall have continuous foundation walls, extending from at least sixty centimetres below ground level, or shall have continuous floor of masonry or reinforced or other equal rat-proof material or materials as approved by the Board of Councillors.

(3)     All openings in such foundations or floors, windows and drains and all junctions between foundation walls and building walls shall be effectively rat-proofed, windows and doors shall be tight-fitting, other openings shall be securely covered with rat-proof screening or shall be tightly closed with metal sheeting, concrete or other equal rat-proof materials as may be approved by the Board of Councillors.

PART III

Means of access, open space and parking space

Rule - 45. Rules for means of access in areas other than the Municipalities in hill areas.

(1)     (a) Every plot shall abut a means of access which may be a public street or private street or passage.

(b) The relationship between the width of the means of access and the maximum permissible height of building shall be as indicated in rule 49.

(2)     The minimum width of means of access in respect of a new building shall be as follows:

(a)      no new building shall be allowed on a plot unless the plot abuts a street which is not less than 10.00 metres in width at any part, or there is access to the plot from any such street by a passage which is not less than 10.00 metres in width at any part:

Provided that:

(i)       in case of a residential building with other occupancies, if any, of less then 10% of the total floor area of the building, the width of such street or passage shall not be less than 2.40 metres at any part,

(ii)      in case of a residential building with educational occupancy of 10% or more of the total floor area of the building, the width of such street or passage shall not be less than 7.00 metres at any part,

(iii)     in case of an educational building with residential occupancy the width of such street or passage shall not be less than 7.00 metres at any part,

(iv)    in case of an educational building with other occupancy or occupancies not being residential of less than 10% of the total covered area of the building the width of such street or passage shall not be less than 7.00 metres at any part;

(b)      Notwithstanding anything contained in clause (a), residential buildings up to a maximum height of 7.00 metres may be allowed on a plot abutting a means of access not less than 1.20 metres, provided such means of access is in long existence and is recorded in the settlement records and/or Municipal records accordingly.

(3)     Any building which in full or part is put to assembly occupancy for the purpose of theatre, motion picture house, city hall, skating rink, auditorium, exhibition hall or for similar other purposes shall not be allowed on a plot located within 50 metres of junction of two streets, the width of each of which is 15.00 metres or more.

(4)     Notwithstanding the provisions of these rules, in the case of any building which is intended to be erected at the corners of two streets, the Municipal Authority may in accordance with the provisions of the Act, place special conditions concerning exit or entry from any street.

(5)     Requirements of a private passage:

Every means of access appertaining to a site shall be drained and lighted to the satisfaction of the Municipal Authority and manhole covers or other drainage, water supply or other fittings laid in such means of access shall be flushed with the finished surface so as not to obstruct safe travel over the same.

Rule - 46. Ground coverage in respect of buildings in areas other than municipalities in hill areas.

(1)     (a) The maximum permissible ground coverage for building, when a plot contains a single building, shall depend on the plot size and the use of the building as given in the table below:

TABLE

Maximum permissible Ground Coverage (Plot containing a single building)

(b) for any other size of the plot, in between the plot size of 201 to 500 square metres, the percentage of coverage shall be calculated by direct interpolation.

(2)     When a plot contains more than one building, the maximum permissible ground coverage for the building shall be as stipulated in rule 54.

(3)     For mercantile buildings (retail) and assembly buildings on plots measuring 5000 sq.m. or more, the additional ground coverage to the extent of 15% may be allowed for car parking and building services. The additional ground coverage of 15% will be exclusively utilized for car parking, ramps, staircase, lift for upper level car parking and for building services such as Air Conditioned plant room, generator room, fire fightingequipments, electrical equipments not exceeding 5% out of such 15% shall be used subject to compliance of other relevant building rules.

Rule - 47. Addition of new plot.

When one or more plots of land are added to one or more premises by way of amalgamation or otherwise, in that event the existing buildings on any plot/plots, if any,' shall stand as authorized in case those are constructed in accordance with the building rules of the material time when the building/buildings was/were sanctioned. Addition, alteration to the sanctioned building or addition of a new building or new block on newly added land/lands may be permitted as per these rules considering amalgamated land to be a new plot.

Rule - 48. Linking of two blocks.

Notwithstanding anything contained in rule 51 if there are two adjacent plots or adjacent buildings of the same owner, gangways between two buildings may be permitted at any level subject to the condition that it does not obstruct movement of vehicles or fire vehicles. The minimum width of the gangway shall not be less than that of stairway and not exceeding 3.00 metres at any place.

Rule - 49. Permissible height of building in areas other than municipalities in hill areas.

(1)     Height of a building shall be the vertical distance measured from the average level of the centre line of the adjoining street or passage on which the plot abuts to the highest point of the building, whether flat roof or sloped roof.

(2)     (a) The following appurtenant structure shall not be included in the height of the building:

(i)       stair cover not exceeding 2.40 metres in height;

(ii)      lift machine rooms as per the latest edition of the National Building Code;

(iii)     roof tanks and their supports, the height of support not exceeding 1.00 metre;

(iv)    chimneys;

(v)      parapet walls not exceeding 1.50 metres in height;

(vi)    ventilating, air conditioning and other service equipments;

(vii)   height above mid-point between eaves level and ridge-level;

(viii)  toilet at roof level up to a height of 3.0 mtrs. subject to maximum floor area of 3.00 sq.m.;

(ix)    garden cover with permeable material not exceeding 3.00 mtrs. in height;

(x)      equipments for communication such as Microwave Antenna, Towers, Dish Antenna as well as room for installing the said equipments or their support equipments subject to a maximum area of 20 sq.m. and further subject to permission of the same from Municipal Authority.

(b) The aggregate area of the structures mentioned in clause (a) shall not exceed one-third of the area of the roof upon which these are erected;

(3)     The maximum permissible height of buildings on a plot shall be as given in the table below:

TABLE

Note.(I) There will be no restriction in height of buildings for plots abutting means of access above 10 mtrs in width subject to free gifting of strip of land as per prescribed street alignment. However, this increase in height as mentioned above shall be permissible provided the minimum area of the plot is 2500 sq.m. and minimum frontage of the plot abutting the main road is 30.0 Metres.

(II) In case of such additional height by free gifting the strip of land as mentioned hereinabove, the applicant will get FAR of original road width only. However, the applicant will be given benefit of FAR and ground coverage of the portion gifted to the Municipality.

Explanation. This table shall be read with rule 45. For height of building exceeding 14.5 metres, rule 53 shall be referred.

(4)     For any building to be erected or re-erected or added to in the vicinity of aerodrome, or which may affect the functioning of any microwave system for tele-communication purposes, the height of such building shall be governed by such rules or directions as may be made or issued in this behalf by the Central Government or any other concerned authority.

(5)     The Board of Councillors may, if necessary, restrict the height of building in any area within the municipal area, below the permissible height provided under sub-rule (3) of this rule for reasons to be recorded in writing. 

PART IV

Open space

Rule - 50. Open spaces for building in areas other than municipalities in hill areas.

(1)     (a) Every room intended for human habitation shall abut an interior open space or exterior open space or an open verandah open to such interior open space or exterior open space. Open spaces shall be areas forming integral parts of the plot at ground level and shall be open to the sky without any projection or overhang excepting cornices, chajjas or weather-shades of not more that 0.50 metre width;

(b) Every building shall have exterior open space comprising front open space, rear open space and side open spaces. The minimum width prescribed for front open space, rear open space and side open spaces shall be provided along the entire front, rear and side faces of the building respectively. For this purpose the front of the building shall be that face of the building which faces the means of access of the building and the rear of a building shall be deemed to be that face of the building which is farthest from the means of access. These provisions shall also be applicable to each individual building separately when a plot contains more than one building. In the case of a corner plot located at the crossing of more than one street or passage, the rear of the building shall be deemed to be that face of the building which is farthest from the widest of all such streets and/or passages;

(c) Open spaces prescribing to one side cannot be taken for another side. No building shall at any time be erected on any open space prescribed in these rules for a building and form part of the site thereof, nor shall such open space be taken into account in determining the area of any open space required under these rules for any other building;

(d) If the front open space is 3.00 metres or more in width a Gate Goomti shall not in any case exceed 3.00 sq. metres and the height of such Goomti shall not exceed 3.00 metres. The covered area of the Gate Goomti shall not be included in calculation of Ground Coverage.

(e) For corner plots: In the case of any building intended to be erected at the corner of two streets, the authority in accordance with the provision of clause (d) of section 213, scrutinize every building plan, except the plan for a residential building, to be erected or re-erected on plot of land of 300 square metres or less provided the height does not exceed 12.5 metres and may accord approval;

Provided that the corners of such plot are splayed off as under: (i) in case of both the adjoining roads are below 3.5 m width and area of land is within 200 sqm., the corner of such plot shall be splayed by 1.20 m x 1.20 m, (ii) in case any of the adjoining roads is of width 3.5 m and above, the corner of such plot shall be splayed by 2.50 m x 2.50 m. The land within the splayed portion shall be transferred to the Municipality by a deed of gift. However, area of land gifted to Municipality shall be considered for F.A.R. and Ground Coverage as applicable.

(2)     The minimum open spaces with respect to height and Category of huildinns shall be as follows:

(a)     For residential use:

(b)    For educational use:

(c)     For Institutional, Assembly, Business, Mercantile and Mixed use Building:

(d)    For Industrial and Storage Building:

Note: (i) Every residential building of height not more than 8.0 m on plot size not exceeding 65 sq. m in area shall have a minimum front space at ground level of 0.90 m. 

(ii) For plots of size not more than 65 sq. metres, minimum side open space of 0.9 metres may be allowed on each side, provided that the building height does not exceed 8.00 (eight) metres;

(iii) Notwithstanding anything contained in clause (a) of sub-rule (2), the minimum distance across the side open space from every new building to an existing building with a door or window opening shall be 1.80 metres; 

(iv) In the case of a building more than 24.00 metres in depth on a plot abutting any street, a passage along the entire depth of the building shall be provided and the minimum width of such passage shall be 4.0 metres. 

(3)     Interior Open Space.

The interior open space shall be as follows: 

(a)      For inner courtyard

(i)       in case the whole of one side or part of at least two sides of every habitable room is not abutting either the front open space, rear open space or side open spaces, it shall abut an interior open space. Interior open space at ground level shall be called courtyard.

(ii)      Any room which is separated only by a verandah from the interior open space shall be deemed to abut on such interior open space for the purpose of this rule.

(iii)     The minimum dimension of any side of every interior open space (a) at ground level all sides of which are enclosed by a building or part thereof shall be 30% of the height of the building or 3.0 metres, whichever is more (b) at any other level, all sides of which are enclosed by a building or part thereof shall be 30% of the height of the building or 3.0 metres, whichever is more, measured from the said level where interior open space is formed.

(iv)    Notwithstanding anything contained in these rules, if all sides of an interior open space is enclosed by a combination of higher and lower blocks of a building, the minimum dimension of such interior open space shall be governed by the height of lower block;

Provided that in no case the covered area under such lower block shall be less than 25% of the total covered area of the concerned building constituting the interior open space.

(v)      For the purpose of this rule, if any interior open space or courtyard enclosed on three sides by a building or part thereof is meant to serve lighting and ventilation purpose to a part or whole of one side of one or more habitable rooms, the minimum width of such open space shall be 2.4 metres for buildings upto 14.5 metres in height, 3.5 metres for buildings above 14.5 metresupto 24.0 metres height, 5.0 metres for buildings above 24.0 metresupto 36.0 metres height, and 7.0 metres for all buildings above 36.0 metres height:

Provided that the depth of such open space shall not exceed twice its width and the same may be reduced to 1.2 m if no habitable room, or balcony attached to the habitable room is facing the interior open space. However, in case the depth of such interior open space is less than the width, the same shall not be considered as interior open space but be called as Notch and the same will be permitted without any restriction.

(vi)    A ventilation shaft having no access to the same except through one door for service purposes shall not be treated as a courtyard if the area of such shaft is less than 20 square metres.

(b)      Ventilation Shafts for Kitchen or Toilet

For ventilation of bathroom or water closet or if it does not open into the front open space, rear open space or side open space or an interior open space, it shall open into a ventilation shaft which shall not be less than the specification in Table 1 and Table 2 below:

TABLE 1

TABLE 2

Combined Ventilation shaft for Kitchen and Toilet:

Provided that for any building with a height exceeding 20 metres, a mechanical ventilation system shall be installed in addition to the provisions of minimum ventilation shaft:

Provided further that no chajja shall be allowed in any ventilation shaft: Provided also that no ventilation shaft may be required for fully air-conditioned building, or mechanically ventilated toilet, kitchen, bath and W.C.

(c)      If there be building other than boundary wall on not more than three sides of a building the minimum width of such courtyard shall not be less than 20% of the height of the building or 2.50 metres, whichever is more.

(4)     Joint Open Space.

Subject to the provisions contained in this rule, the joint open space shall be provided in between two buildings, if the height of one of such building exceeds the height of 14.50 M whether belongs to the same owner or not, as follows:

(i)       7.00 Mif height of both the buildings exceeds 14.50 M,

(ii)      If one of the buildings exceeds 14.50 M in height-

(a)      4.50 Mif height of the other building is above 11.0 M but does not exceed 14.5 M,

(b)      3.50 Mif height of the other building is above 8.0 M but does not exceed 11.0 M,

(c)      3.00 Mif height of the other building does not exceed 8.0 M.

Note. If any of the buildings has basement, the minimum Joint Open Space against the basement line shall be kept as 7.0 M.

The rule of Joint Open Space shall not be applicable in case the adjoining structure is not exceeding 5.0 M in height.

The Joint Open Space between two building may vary at places considering the variation of height of any of the buildings or both the buildings.

Rule - 51. Exemption related to Open Spaces calculations.

(1)     Cornice, chajja or weather shade and all such features related to facade treatment such as fins, flower boxes, pilasters, column capitals, arches, pediments, trellises, ducts for encasing pipe lines, pipe supports and all such features used to enhance the aesthetic quality of a building (not more than 50 cm) shall be allowed to overhang or project over the said open space:

Provided that such projections shall not be allowed at a height less than 2.5 metres over the ground level. Ducts for encasing pipe lines, pipe supports will however be allowed from the ground level without creating obstruction to the movement of vehicles or Fire Tender wherever applicable as per rule.

(2)     Sewer and its appurtenances, underground water reservoir, septic tank and ramp may be allowed to be constructed in the open spaces upto 60 cm above ground level provided that these do not obstruct vehicular movement.

A canopy or canopies and/or a porch or porches each not exceeding 15 squares metres in area or one percent (1%) of the ground floor area whichever is higher, having a clear width of not less than 2.5 metres may be allowed at a minimum clear height of 2.5 metres from the ground level;

Provided that requisite space for the movement of fire tender is left all round the building unobstructed by such canopies or porches.

(3)     Outdoor type transformer will be allowed to be installed in the mandatory open space provided it keeps clear minimum open space of 1.2 metre from the adjoining boundary line. While providing such space for transformer, a minimum open space of 4.00 M shall have to be kept to facilitate vehicular movement in cases wherever applicable as per rule.

Rule - 52. Provision of parking space for a building within a plot in the areas other than municipalities in hill areas.

(A)    Minimum Parking Space:

(1)     No off-street parking space shall be less than

(a)      12.5 square meters (2.5 meters in width and 5 meters in length) for a motor car, with a minimum head room of 2.2 meters if parked in covered area,

(b)      37.5 square meters (3.75 meters in width and 10 meters in length) for a truck and bus with a minimum head room of 4.75 meters if parked in a covered area.

(2)     The minimum width of circulation driveway to be provided for adequate maneuvering of vehicles shall be 4.0 mtrs. for cars and 5.00 mtrs. for trucks exclusive of parking space referred to in sub-rule (1). However, a projection from a height above 5.50 mtrs. from the ground level may be permitted keeping the mandatory open space open to sky as per this rule.

(3)     The parking layout plan shall be so prepared that the parking space for each vehicle becomes directly accessible from driveway or circulation driveway or aisles. However stack car parking arrangement will be allowed in such a way that every car can be moved by shifting not more than one car. This stack car parking will be allowed only on the basement and ground floor levels.

(4)     (a) For building with different uses, the area of parking space shall be worked out on the basis of respective uses separately and parking space to be provided for the total number of vehicle thus required. 

(b) In case of a plot containing more than one building, parking requirement for all buildings shall be calculated on the basis of consideration the area of respective use or uses.

(B)    Off-street Car Parking Space

TABLE

Provided that while calculating the floor area for the purpose of car parking space required, covered areas for car parking are not to be considered.

Notwithstanding the provisions of sub-item (1) this part, the Chairman-in-Council may in any area or ward or borough for the purpose of this rule, require additional parking spaces to be provided in such area.

(C)    Parking spaces to be distinct:

The open spaces required under rule 50 and driveway shall not be treated as parking space for the purpose of these rules. However, open car parking may be allowed on the mandatory open space, provided that a clear driveway of 4.00 mtrs. width is maintained.

Rule - 53. Tall buildings(exceeding fourteen and a half metres in height).

(1)     In Municipality the building height shall not normally be more than 14.50 metres (fourteen and a half metres). But in the case of any building exceeding 14.50 metres in height, the Board of Councillors, for reasons to be recorded in writing and with the previous approval of the Superintending Engineer of the Municipal Engineering Directorate, Government of West Bengal, having jurisdiction over the concerned municipal area may sanction those schemes as special cases if not otherwise covered by any law for the time being in force.

(2)     The Superintending Engineer will make his recommendation on the basis of Structural Stability Certificate given by the empanelled LBA or Structural Engineer or Geo-technical Engineer and he will also consult the Land Use and Development Control Plan, if any, of the concerned municipal area before giving such approval. In such cases, the following shall be applicable in addition to other rules under the Act.

The certificate of structural stability is to be furnished in the following manner by the empanelled LBA, Structural Engineer and Geo-technical Engineer:

Certificate of Structural stability

We hereby certify that the foundation and superstructure of the building proposed for construction on plot .................... Street ................. Ward No.....................have been so designed by me/us will make such foundation and super structure safe in all respect including the consideration of bearing capacity and settlement of soil etc.

Note. All such technical personnel are required to be empanelled with the concerned Municipalities. In case, the system of empanelment has not been introduced in any particular Municipality, the requisite certificate from the empanelled Structural Engineer and Geo-technical Engineers under Kolkata Municipal Corporation or any other Municipality may be asked for.

(I)      No building exceeding fourteen metres and a half in height shall be allowed on private or public street of not less than 10.00 metres in width;

(II)     there shall be a minimum front open space for every category of tall building at its narrowest part, as per provisions of sub-rule (2) of rule 50;

(III)   there shall be a minimum rear open space for every category of tall building along the entire width of the building forming an integral part of the site, as per provisions of sub-rule (2) of rule 50;

(IV)   there shall be minimum open spaces on both sides for every category of tall building at its narrowest part, as per provisions of sub-rule (2) of rule 50;

(V)     (a) In case the whole of one side or part of at least two sides of every room excepting bath, water-closets and store-room, is not abutting either the front open space, rear open space or side open space, it shall abut an inner courtyard whose minimum width shall be 30% of the height of the building or 3 metres, whichever is more; 

(b) for ventilating water closet in bathroom, such water closet or bathroom or kitchen or any room not intended for human habitation, if not opening on to front open space, rear open space, side open space or interior open space, shall be opened up to a ventilation shaft, the size of which shall be as per provisions incorporated in Tables under rule 50;

(VI)   (a) for every building exceeding fourteen metres and a half, the Floor Area Ratio shall be as specified in the table below:

Maximum Permissible Floor Area Ratios

(b) While calculating the floor area under this Chapter, the following shall not be included:

(i)       stair cover not exceeding 2.4 metres in height and stair case with landing up to the extent of the width of the stairway in each floor including ramp if there by any,

(ii)      lift machine room as per latest edition of the National Building Code. Lift Landing lobby with a maximum area of 6 sqm in all floors including roof, if any;

(iii)     roof tanks and their support, the height of support not exceeding 1. metre;

(iv)    chimneys, ventilating, air-conditioning and service equipment attached to the building:

Provided that the aggregate area of these structures mentioned at (i) to (iv) above shall not exceed one-third area of the roof upon which these are erected;

(v)      the actual area under covered car parking space and area of basement used for car parking only in accordance with the table in rule 52(B)(1) subject to a maximum permissible limit for one car parking space as 25 sq.m for ground floor and 35 sq.m other than ground floor inclusive of all circulation spaces and ramps. However, the area actually covered by the car parking space may be allowed even if the same is more than mandatory requirement. But the covered car parking shall be within the permissible ground coverage;

(vi)    areas of loft, ledge or tand and areas of cupboards or wardrobes up to a maximum extent of 3% of total floor area but shall include the area of mezzanine floor;

(vii)   area of service floor as permitted in rule 67;

(viii)  the areas for garden covered with permeable material, pergola, expanded or similar other materials at the roof level, up to 5% of the total roof area or 10 sq.m whichever is more, subject to adoption of adequate structural safety measures;

(ix)    in addition to the above provision, the exemptions in calculation of FAR shall also be permissible as per provision in rule 51.

(c) All steel towers above 14.5 metre height should be ground based ones. Minimum access to such structure should not be less than 5 metre on any part. No such structure should be constructed on the mandatory open spaces of any existing building.

PART V

Rule - 54. Regulation for more than one building in one plot, existing buildings and the buildings under Government approved schemes.

(1)     (a) Every building on a plot containing more than one building which does not abut on means of access shall abut an internal road connecting the means of access of the plot. The floor area ratio shall be calculated on the basis of the width of means of access on which the plot abuts.

(b) The minimum width of such internal roads shall be 3.50 metres. Where internal road of 3.50 metres in width is not possible to be provided due to an existing building constructed prior to the enforcement of these rules, a building of not more than 7.0 metres in height may be allowed, provided that the width of the internal road shall not be less than 1.20 metres.

(c) The maximum permissible height of any building on a plot shall be determined by the width of the means of access on which the plot abuts according to the table given in sub-rule (3) of rule 49.

(d) The minimum width and the maximum length of all such internal roads shall be as prescribed in the table below:

TABLE

Width and Length of Internal Roads

Provided that every internal road as required under this rule shall be kept free from any projection thereon and shall be kept open to the sky.

Note. Nochajja or cornice or weather shed more than 500 mm. shall overhang or project thereon.

(e) In case the buildings within a plot are not of the same occupancy, . an individual building of any particular occupancy shall comply with the rules governing such occupancy except the provisions regarding ground coverage which shall be in accordance with sub-rule (2) of this rule.

(2)     Ground coverage for plots measuring 5000 sq. metres or more in area, the maximum permissible ground coverage shall be 45% for residential buildings or educational buildings, and 35% for buildings of other use groups or for buildings with mixed occupancies:

Provided that the provisions of rule 46 shall be applicable to plots measuring less than 5,000 sq. metres.

(3)     Open space for building shall be as laid down below:

(a)      every building shall have minimum external open space prescribed in rule 50, provided that on these open spaces internal roads may be constructed;

(b)      for plots measuring more than 5000 sq.m. in area, provision of 8% of the total area of the plot is to be kept as public open space. The width of each such open space shall not be less than 10.00 metres and each such open space shall abut a street having a width of not less than 7.00 metres. The minimum area of each of such open space in one parcel shall be 400 sq. m. This open space shall be in addition to the land required for providing the means of access to the individual plots as prescribed in rule 45. No objection certificate from the Director of West Bengal Fire Services and West Bengal Pollution Control Board in respect of the proposed construction is to be submitted along with the application for building permit;

(c)      for plots measuring more than 25000 sq.m. in area provision of 7% of the total area of the plot shall be reserved for use for facilities like School, Health Centres, Market, Police Outpost with booth, Post Office, Power Sub-station. Transport Terminal, Water Treatment Plant, Sewerage Treatment Plant as well as the provisions for Green cover and free gift of land for Economically Weaker Section housing and the like, such land shall abut a street having a width of not less than 10 metres in addition to the land necessary for means of access and for open spaces sanctioned in clause (b) of this sub-rule. No objection certificate from the Director of West Bengal Fire Services and West Bengal Pollution Control Board in respect of the proposed construction is to be submitted along with the application for building permit.

(4)     The parking provisions shall be the same as stipulated in rule 52.

Rule - 55. Provisions regarding existing buildings.

(1)     The provisions of these rules shall apply only in the case of an existing building.

Note. Existing building, for this purpose shall mean any building which was erected before the date of coming into force of these rules in accordance with a building plan sanctioned by an authority competent to sanction such building plan under the Bengal Municipal Act, 1932 (Ben. Act XV of 1932) or any other law for the time being in force. 

(2)     In the case of existing building-

(a)      excepting storage buildings, where the open spaces required have not been provided, an addition in the number of stories, if otherwise permissible, may be allowed with a set back, provided such building continues with the same occupancy:

Provided that no formal set back may be necessary up to a height of eight metres for adding only one floor over an existing single storied residential building;

(b)      the extent of the set back from the property boundary shall be such as to make the addition to the building conform to the provisions of rules 46 and 50;

(c)      if any car parking space is required to be provided under these rules and no such car parking space can be provided, the covered area allowable under the provisions of these rules shall be reduced by the area required for such car parking space which cannot be provided in the said building.

Explanation. For the purpose of calculation, the area required for one car parking space shall be taken as 20.00 sq. metres;

(d)      the height of the building shall conform to the rules as indicated in rule 49 and in no case after addition the height shall exceed 14.50 metres;

(e)      the addition to an existing building with residential occupancy shall not exceed 200.00 sq. metres in covered area;

(f)       the addition to an existing building with educational occupancy shall not exceed the total covered area of the existing building;

(g)      the addition to an existing building with other occupancies including mixed use building but excepting storage building shall not exceed 100.00 sq. metres in covered areas.

(h)     in case of partition of existing building common walls may be allowed as the partition line.

Rule - 56. Provisions for buildings constructed under Government approved schemes.

(1)     Notwithstanding anything contained elsewhere in these rules, the provisions of this part shall apply in respect of matters provided therein, in the case of buildings constructed by Governments, or any of the statutory bodies under any Government approved scheme, for residential use of persons belonging to low Income group or of industrial workers.

(2)     The minimum size of a plot shall not be less than 30 square metres and the maximum size of the plot shall not be more than 65 square metres.

(3)     The following provisions shall be complied with for the construction of building under sub-rule (1):

(a)      no building shall be constructed on a plot if the width of the means of access to the site is less than 1.2 metres;

(b)      no building exceeding 8.0 metres in height shall be allowed on a plot if the width of the means of access to the site is less than 3.5 metres;

(c)      the maximum permissible ground coverage shall be 75% of the area of the plot;

(d)      the maximum height of the building shall be 10 metres;

(e)      the minimum front open space for a building shall be 0.8 metre;

(f)       the minimum rear open space for a building shall be 1.0 metre;

(g)      the buildings may be of the row housing type with common wall and the maximum length of the buildings in a row shall be 50 metres. After every 50 metres of length of the building in a row, there shall be an open space of not less than 2.5 metres in width for the entire depth of the building:

Provided that such open space shall not be necessary if there is a street or passage at such location, the minimum width of which is 2.5 metres.

(h)     no parking space within the plot shall be necessary. 

PART VI

Requirements of Parts of Buildings

Rule - 57. Plinth.

(1)     The plinth or any part of a building or any accessory building shall be so located with respect to the crest of the road level that adequate drainage of the site is assured and it shall in no case be at a height less than 60 centimetres.

(2)     Every inner courtyard shall be raised at least 30 centimetres above the level of the centre of the nearest street and shall be satisfactorily drained.

(3)     Garage and parking space shall be raised at least 15 centimetres above the ground level.

Rule - 58. Habitable room.

(1)     No habitable room shall have an area less than 9.50 sq. metres having a minimum width of 2.40 metres, where there is only one room. In case of more than one room, one of these rooms shall be not less than 9.50 sq. metres with a width of 2.40 metres at the minimum and the others shall not be less than 7.50 sq. metres in area with a minimum width of 2.10 metres.

(2)     No habitable room shall have a height of less than 2.75 metres measured from the surface of the floor to the lowest point of the ceiling or the underside of any slab:

Provided that in the case of any centrally air-conditioned building, the height of any habitable room shall not be less than 2.4 metres measured from the surface of the floor to the underside of any slab or false ceiling, as the case may be:

Provided further that the height from the surface of the floor up to the beam shall not be less than 2.4 metres:

Provide also that in the case of any pitched roof, the average height shall not be less than 2.75 metres and the minimum height at eaves level shall be 2.1 metres.

(3)     All rooms in any building irrespective of their use-group, utilized for human habitation, shall conform to sub-rules (1) and (2) of this rule.

(4)     All room to be used as retail shop shall have a minimum clear height of 2.3 metres measured from floor to bottom of the ceiling or beam, whichever is lower.

Rule - 59. Roof.

(1)     The roof of a building shall be so constructed or framed as to permit effectual drainage of the rain-water therefrom by means of sufficient rainwater pipes of adequate size, wherever required, and so arranged, joined and fixed as to ensure that the rain-water is carried away from the building without causing dampness in any part of the walls or foundations of the building or those of an adjacent building.

(2)     The Board of Councillors may require rain-water pipes to be connected to a drain or sewer through a covered channel formed beneath any street to connect the rain-water pipe to a road gutter or any other approved device.

(3)     Rain-water pipes shall be affixed to the outside of the walls of the buildings in recesses or chases cut or formed in such walls or in such other manner as may be approved by the Board of Councillors.

(4)     Every terrace on the top-most storey of any building shall have a common access and shall not be sub-divided.

Rule - 60. Kitchen.

(1)     No kitchen shall have a floor area of less than 4.5 sq. metres and width of less than 1.8 metres:

Provided that if any kitchen is to be used for eating purposes also, such floor area shall not be less than 9.5 sq. metres and the width shall not be less than 2.4 metres.

(2)     No kitchen shall have a height less than 2.5 metres measured from the surface of a floor to the lowest point in the ceiling or the underside of any slab except for the portion to accommodate any floor trap for any upper floor.

(3)     Every room to be used as a kitchen shall have,

(a)      unless separately provided with any pantry, meant for the washing of kitchen utensils which shall land directly or through a sink to a grated and trapped connection to a waste pipe;

(b)      an impermeable floor;

(c)      a window of not less than 1 sq. metre in area opening directly to an interior or exterior open space, or into any shaft;

(d)      a flue duct, if necessary;

(e)      a refuse chute for discharge of solid wastes, in case of any building exceeding eighteen metres in height.

Rule - 61. Pantry

(1)     No pantry shall have a floor area of less than 3 sq. metres and a width of less than 1.4 metres.

(2)     Every pantry shall have a means of the washing kitchen utensils, if not provided in the kitchen, the effluent from which shall lead directly or through a sink to grated and trapped connection to waste water drainage system.

Rule - 62. Bathroom and water closet.

(1)     No bathroom shall have a floor area of less than 1.8 sq. metres and width less than 1.2 metres and a height less than 2.2 metres measured from the surface of a floor to the lowest point of the ceiling or the underside of any slab:

Provided that if it is a combined bathroom and a water closet, such floor area shall not be less than 2.6 sq. metres.

(2)     No water closet shall have a floor area of less than 1.2 sq. metres and a width less than 1.0 metre.

(3)     Notwithstanding the provisions of sub-rule (1) or sub-rule (2), in the case of any building referred to in rule 56.

(a)      an independent bathroom may have a floor area of 1.45 metres;

(b)      a combined bathroom and water closet may have a floor area of 2.0 sq. metres, with a minimum width of 1.1 metres.

(4)     Every bathroom or water closet shall

(a)      be so situated that at least one of its walls shall open to an interior open space or exterior open space or shaft and shall have an opening in the form of window or ventilator or louvre not less than 0.40 sq. metre in area;

(b)      not be directly over any room, other than a latrine or water closet or a washing place or a bathroom or a terrace, unless it has a water tight floor;

(c)      have the platform or seat made of water tight non-absorbent materials;

(d)      be enclosed by walls or partitions and the surface of every such wall or partition shall be finished with a smooth impervious material to a height of not less than 1 metre above the floor of such a room;

(e)      be provided with a door completely closing the entrance to it; and

(f)       be provided with an impervious floor covering sloping towards any drain with a suitable grade and not towards any verandah or other room.

(5)     No room containing any water closet shall be used for any purpose except as a lavatory and no such room shall open directly into any kitchen or cooking space or pantry by a door, window or other opening.

Rule - 63. Lifts.

Lifts shall conform to the provisions hereafter contained and the provisions of the National Building Code of India.

At least one lift shall be provided in every building having more than 14.5 m. in height. In the case of a proposal to add one additional floor to an existing building having a lift, it will not be necessary to raise the existing lift to the additional floor.

Subject to above, the number, type and capacity of lift shall satisfy the requirements of section 5 of the Installation of Lifts and Escalators of National Building Code of India.

Rule - 64. Loft.

(1)     A loft may be permitted in buildings of all use-groups.

(2)     The area of any such loft shall be restricted to 25 per cent of the area of the floor of any room other than inhabited room:

Provided that hundred per cent of the area may be covered over any corridor and toilet.

(3)     Maximum height between any loft and ceiling shall be 1.20 metres and the clear height below the loft shall not be less than 2.10 metres.

Rule - 65. Ledge or tand.

(1)     A ledge or tand in a habitable room shall not cover more than 15 per cent of the floor on which it is constructed and shall not interfere with the ventilation of the room under any circumstances.

(2)     The ledge shall be provided at a minimum height of 2.1 metres from floor level.

(3)     The maximum width of any ledge or tand shall be 0.60 metre.

Rule - 66. Mezzanine floor.

(1)     A mezzanine floor may be permitted only between the ground floor and the first floor of any building.

(2)     A mezzanine floor may be permitted over a habitable room provided that

(a)      it conforms to any standard for a habitable room as regards lighting and ventilation;

(b)      it is so constructed as not to interfere under any circumstances with the ventilation;

(c)      such mezzanine floor is not subdivided into smaller compartments;

(d)      such mezzanine floor or any part of it shall not be used as kitchen; and

(e)      in no case a mezzanine floor shall be subdivided so as to make it liable to be converted into unventiiated compartments.

(3)     An area up to 25 per cent of the covered area on the ground floor shall be allowed.

(4)     The height of any mezzanine floor shall not be less than 2.1 metres or more than 2.7 metres.

Rule - 67. Service Floor.

One service floor having maximum clear height of 1500 mm. may be allowed between any two floors for plumbing, electrical and other utility services in case of buildings other than residential use.

Rule - 68. Store room.

No store room in any residential building shall have a floor area less than 1.5 sq. metres and a height of less than 2.1 metres.

Rule - 69. Garage.

(1)     No garage for cars shall be less than 2.5 metres x 5 metres.

(2)     The minimum head room in a garage shall be 2.25 metres and floor level of the garage at ground floor must not be lower than ground level.

(3)     The size of any garage where more than one motor car is parked shall be calculated on the basis of the number of vehicles to be parked there.

(4)     No garage for trucks shall be less than 3.75 metres x 10.00 metres with a minimum head room of 3.50 metres.

Rule - 70. Basement.

(1)     Subject to specifications, if any, made in this behalf under the West Bengal Town and Country (Planning and Development) Act, 1979, the Board of Councillors may specify an area or ward or borough where the construction of any basement shall not be permitted.

(2)     A basement may be used

(a)      as a parking space,

(b)      as an air-conditioning plant room or room for other machines used for any building service or for other purposes,

(c)      as a space for a stand by generator for power supply,

(d)      as a storage space for house-hold or other goods of non-inflammable nature,

(e)      as a strong room or bank cellar, (f) as a dark room,

(f)       as a stack room in any library, or

(g)      for the purpose of a business building or mercantile building (retail) or an assembly building if it is air-conditioned and the top of the basement is at least 750 mm above ground level:

Provided the fire safety norms as per National Building Code are complied with.

(3)     Outer walls of a basement shall not extend to the exterior open spaces as required under these rules.

(4)     No basement or portion thereof shall be used for residential purpose.

(5)     No kitchen, bathroom or water closet shall be permitted in any basement unless the sewer levels permit the same and there is no chance of back flow and flooding of sewerage. If permitted, such kitchen, bathroom or water closet shall be placed against an external wall of the basement, which shall also be the external wall of the building and shall be adequately lighted and ventilated. Detailed plans showing arrangement for drainage including pumping system shall be submitted in such cases.

(6)     Every basement shall

(a)      in every part be at least 2.4 metres in height from the floor to the underside of the roof slab or beam soffit or ceiling or any false roofing;

(b)      have adequate arrangement so that surface drainage does not enter the basement, and have adequate arrangement for pumping out water, if necessary;

(c)      have water-tight walls and floors which shall be so designed that the effect of the surrounding soil and moisture, if any, is taken into account in design and adequate damp-proofing treatment is given;

(d)      in case the parking area in the basement is less than 1000 sqm, only one ramp will be required. In case the parking area in the basement is more than 1000 sqm at least two ramps shall be provided. Width of each ramp shall not be less than 3.5 mtrs. and the slope shall not be steeper than one vertical to six horizontal and the distance between the ramps shall be such as may be determined by the Municipal Authority:

Provided that the basement is not used for car parking purposes, ramps will not have to be provided. In such cases at least two staircases of minimum width as per use group shall have to be provided and such staircase shall be enclosed type.

(e)      in the case of such basement being used for a purpose as referred to in clause (g) of sub-rule (2) of this rule have sufficient numbers of access ways and exit way so that the travel distance is not more than 15 metres;

(f)       have adequate ventilation as required for any occupancy or use group under these rules:

Provided that any deficiency may be met by providing adequate mechanical ventilation in the form of blowers, exhaust fans at the rate of one exhaust fan for every 50 sq. metres of the basement area, or by air-conditioning;

(g)      comply with the requirements of the West Bengal Fire Services Act, 1950, Fire Prevention and Safety Rules, 1996, and provisions laid in National Building Code (NBC).

Rule - 71. Chimney.

(1)     Any chimney shall conform to the requirements of the latest version of BIS: 1645-1 960 Code of Practice for fire safety of buildings (general): chimneys, flues, flue pipes and hearths.

(2)     Any chimney shall be built at least 0.9 metre above any flat roof: Provided that the top of any chimney shall not be below the top of any adjacent wall and, in the case of a sloping roof, the top of the chimney shall not be less than 0.6 metre above the ridge thereof in which the chimney penetrates.

Rule - 72. Parapet.

A parapet wall and guardrails shall be provided on the edge of any roof terrace or balcony and it shall not be more than 1.5 metres in height.

Rule - 73. Boundary wall.

No boundary wall exceed 2 metres in height on the road side, the solid portion of compound walls shall not exceed 1.5 metres in height. The foundation of boundary wall, below ground level, shall not encroach upon any adjacent land outside the plot area.

Rule - 74. Lighting and ventilation of room.

(1)     Every habitable room, kitchen, staircase and bathroom or water closet shall have, for the admission of light and air one or more apertures, such as windows, glazed doors and fan lights, opening directly to the external or air or into an open verandah.

(2)     In any case where light and ventilation requirements are not met through day lighting and natural ventilation, the same shall be ensured through, artificial lighting and mechanical ventilation as per the latest provisions of section 1 of Lighting and Ventilation of Part VIII on Building Services of the latest edition of the National Building Code of India:

Provided that the minimum aggregate area of the openings of habitable rooms and kitchens, excluding doors, shall in no case be less than one-tenth of the floor area.

(3)     No portion of any habitable room shall be assumed to be lighted if it is more than 7.5 metres from the opening assumed for lighting that portion.

(4)     The planning, design and installation of lighting and ventilation, electrical installations and fittings, air-conditioning and heating work, acoustics, sound insulations and noise control and the number, type and installations of lifts and escalators shall be carried out in accordance with the provisions of building services of the latest edition of the National Electrical Code of India:

Provided that for electrical installation in respect of any building the provisions of the latest edition of the National Electrical Code and the rules made under the Electricity Act, 2003, shall apply.

(5)     For ventilating water closet and bathroom, such water closet or bathroom, if not opening to front open space, side open space, rear open space or interior open space, shall open on to a ventilation shaft as per provisions of sub-rule (5)(b) of rule 50:

Provided that the planning, design, construction and installation of water supply, drainage, sanitation and gas supply systems shall be in accordance with the provisions of plumbing services of the latest edition of National Code of India.

PART VII

Exit Requirements of Buildings