WEST BENGAL MUNICIPAL (BUILDING) RULES, 2007
(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,
In these rules, unless the context otherwise requires,-
(1) "the Act" means the West Bengal Municipal Act, 1993 (West Ben. Act XXII of 1993);
(2) "addition to a building" means addition to the cubic content or to the floor area of a building;
(3) "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;
(4) "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 pl
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 bo
.-(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 Councillors 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;
(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 :-
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 thereunder; or
(b) to satisfy him that there are no objections which may lawfully be taken to the approval of the site.
(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.
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.
(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 spa
.-(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 shall 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 (d) shall not apply to a scheme for Economically Weaker Sect
.-(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 exempted from the operation of this rule :-
&n
.-(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 with
.-(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
Serial No. Designation Trimmed Size mm
1 A0 990 x 1198
2 A1
The West Bengal Municipal (Building) Rules, 2007, were enacted to regulate building activities within municipal areas in West Bengal. These rules aim to ensure orderly development, safety, and compliance with urban planning standards. Section R.12 specifically addresses the particulars that must be furnished in applications for building permissions.
Section R.12 mandates that applicants for building permissions must provide specific details and documents along with their applications. This includes site plans, building plans, elevations, and sections, which must adhere to prescribed formats and sizes.
The scope of Section R.12 extends to all individuals and entities seeking to erect, alter, or add to buildings within municipal jurisdictions. It emphasizes the importance of detailed planning and documentation to facilitate the approval process.
While Section R.12 itself does not explicitly outline punishments, non-compliance with the requirements set forth in this section could lead to rejection of applications or penalties as stipulated in other relevant sections of the West Bengal Municipal (Building) Rules.
Application Necessity - All building applications must include detailed particulars as specified in R.12 to ensure compliance with municipal regulations. [ "The WB Municipal Building Rules, 2007.pdf"]
Documentation Standards - The section emphasizes the importance of adhering to specified formats for site and building plans, which aids in maintaining uniformity in applications. [ "Section 12 in West Bengal Municipal (Building) Rules, 2007"]
Regulatory Compliance - Compliance with R.12 is crucial for the approval of building projects, reflecting the regulatory framework's intent to manage urban development effectively. [ "The West Bengal Municipal (Building) Rules, 2007"]
Impact on Urban Planning - By requiring detailed plans, R.12 contributes to better urban planning and development, ensuring that new constructions align with existing infrastructure. [ "The WB Municipal Building Rules, 2007.pdf"]
Clarity in Applications - The requirement for specific particulars helps in reducing ambiguities in applications, facilitating smoother processing by municipal authorities. [ "Guidelines for the Municipal Corporations governed by West."]
Enforcement Mechanism - While R.12 does not specify penalties, failure to comply with its requirements can lead to enforcement actions under other sections of the building rules. [ "The WB Municipal Building Rules, 2007.pdf"]
Public Safety Considerations - The detailed documentation required under R.12 is essential for assessing the safety and feasibility of proposed building projects. [ "The West Bengal Municipal (Building) Rules, 2007"]
Encouragement of Best Practices - By mandating comprehensive applications, R.12 encourages best practices in construction and urban development. [ "The WB Municipal Building Rules, 2007.pdf"]
Facilitation of Review Process - The particulars required under R.12 facilitate a thorough review process by municipal authorities, ensuring that all aspects of a proposed building are considered. [ "Section 12 in West Bengal Municipal (Building) Rules, 2007"]
Legal Framework for Building Activities - R.12 is part of a broader legal framework that governs building activities, reflecting the state's commitment to organized urban growth. [ "The West Bengal Municipal (Building) Rules, 2007"]
Role in Environmental Management - The detailed plans required can also play a role in assessing the environmental impact of new constructions, aligning with sustainable development goals. [ "The WB Municipal Building Rules, 2007.pdf"]
Stakeholder Engagement - The requirements of R.12 may encourage engagement with various stakeholders, including architects and urban planners, to ensure compliance and quality in building projects. [ "The West Bengal Municipal (Building) Rules, 2007"]
Potential for Amendments - Given the evolving nature of urban development, R.12 may be subject to amendments to address emerging challenges in building regulations. [ "government of west bengal. amendments in the West Bengal Municipal (Building) Rules, 2007"]
Integration with Other Regulations - R.12 must be viewed in conjunction with other municipal regulations to fully understand its implications for building permissions. [ "The West Bengal Municipal (Building) Rules, 2007"]
Encouragement of Transparency - The requirement for detailed submissions promotes transparency in the building approval process, which is beneficial for public trust in municipal governance. [ "The WB Municipal Building Rules, 2007.pdf"]
Facilitating Infrastructure Development - By ensuring that all building projects are well-documented, R.12 supports the overall infrastructure development goals of the municipality. [ "The West Bengal Municipal (Building) Rules, 2007"]
Legal Recourse for Non-Compliance - Applicants who fail to meet the requirements of R.12 may face legal challenges, emphasizing the importance of adherence to the rules. [ "The WB Municipal Building Rules, 2007.pdf"]
Historical Context - Understanding the historical context of the West Bengal Municipal (Building) Rules, 2007, can provide insights into the rationale behind the requirements of R.12. [ "The West Bengal Municipal (Building) Rules, 2007"]
Future Implications - The requirements set forth in R.12 may have long-term implications for urban development patterns in West Bengal, influencing future building practices. [ "The WB Municipal Building Rules, 2007.pdf"]
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 p
.-(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 empanelm
.-(1) Every person who intends to erect, re-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 wor
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
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 obj
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
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.
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.
(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
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 (d) 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.
(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 co
(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 fo
(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
When the Board of Councillors has given permission to execute any work, the approved 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.
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.
(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 commence 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.
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 s
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.
(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.
(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 su
(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 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 car
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 th
(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 :
&
(1) In case where, within a period of thirty days from the receipt of the notice of completion, the Board 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.
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.
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.
(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.
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.
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 wh
.-(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
.-(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, conforming generally to the accepted standard of the Public Works Department of the Government of West Bengal or
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 :-
Vertical clearance Horizontal clearance
(a) Low and medium voltage
lines including service lines 2.5 m 1.2 m
(b) High voltage lines up to
and including 11,000 volts 3.7 m 1.2 m
(c) High Voltage lines above
11,000 volts and up to and
(1) Every building or part thereof, designed or intended for use for 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 b
.-(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 than 10% of
.-(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)
Type of building Maximum permissible
ground coverage
1 . Residential and educational :
(a) Plot size up to 200 sq. metres 65%
(b) Plot size of above 500 sq. metres 50%
2. Other uses including mixed use 40%.
&nbs
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.
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.
.-(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 with 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;
&nb
.-(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 spaces 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
.-(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 lev
(A) Minimum Parking Space :
(1) No off-street parking space shall be less than-
(a) 12.5 square metres (2.5 metres in width and 5 metres in length) for a motor car with a minimum head room of 2.2 metres if parked in a covered area,
(b) 37.5 square metres (3.75 metres in width and 10 metres in length) for a truck and bus with a minimum head room of 4.75 metres 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.
&n
(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 sh
.-(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
(1) The provisions of these rules shall apply only in the case of an existing building.(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 rul
.-(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 m
(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 centimeters.
(2) Every inner courtyard shall be raised at least 30 centimeters 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 centimeters above the ground level.
(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
(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 rain-water 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.
&nb
(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;
(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.
(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
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.
(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.
(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.
.-(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 unventilated compartments.
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.
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.
(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.
(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 as-
(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
(1) Any chimney shall conform to the requirements of the latest version of BIS : 1645- 1960 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 slopping roof, the top of the chimney shall not be less than 0.6 metre above the ridge of thereof in which the chimney penetrates.
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.
No boundary wall shall 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.
(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 a
In this Chapter, unless the context otherwise requires,-
(a) "exit" means an escape route which includes passage, channel or means of access from any buildings, storeys or floor area to a street or other open space of safety and includes a vertical exit or a horizontal exit or an outside exit.
Explanation.-In this clause,-
(i) "vertical exit" means an exit used for ascension or descension between two or more levels including stairways, smoke proof towers, ramps, lifts, escalators and fire escapes,
(ii) "horizontal exit" means a protected opening through or around a fire wall or a bridge connecting two buildings,
(iii) "outside exit" means an exit from the building to a street or to an open area leading to
Every building for residential and educational uses of more than fourteen metres and a half in height, and all buildings of other uses and buildings with basement shall be provided with adequate means of exit and all arrangement for protection in case of fire.
(1) The following general requirements shall apply to exit : -
(a) all vertical exits or horizontal exits shall be free from obstructions;
(b) no building shall be altered so as to reduce the number, width or protection of exits to less than what is required under these rules;
(c) exits shall be clearly visible and routes to reach each exit shall be clearly marked;
(d) all exits shall be properly illuminated;
(e) fire-fighting equipment shall, where provided along exits, be suitably located and clearly marked so as not to obstruct the exit way and there shall be clear indication about its location from either side of the exit;
(f) alarm devices shall be install
(1) Exits shall be so located that the distance between two exits on the floor shall not exceed,-
(a) 22.5 metres, in the case of a residential building or an educational building or an institutional building or a hazardous building; and
(b) 30 metres, in the case of an assembly building or a business building or a mercantile building or an industrial building or a storage building.
(2) For floors with sprinklers, which are not part of requirements for that floor and occupancy, the distance in sub-rule (1) may be increased by 50 per cent.
(3) The distance to an exit from the dead end of a corridor shall not exceed half the distance specified in sub-rule (1), except in an educational building or an assembly building or an institutional building in wh
All buildings referred to in rule 76 shall be provided with such number of staircases as the Board of Councillors may require. Under no circumstances, the number of staircases shall be less than two in the case of a building of more than fourteen metres and a half in height and one of them shall be on the external face of the building and shall be enclosed or pressurised type as per requirements of West Bengal Fire Services. In case the staircase or staircases are not facing external surface of the building or not having ventilation shaft, mechanical ventilation is required.
.-(1) The following provisions for minimum width of stairways shall be made :
TABLE I
Category of Height of the Width of the No. of Staircase
Building Building Stairway
(in metres) (in metres)
Residential Up to 8.00 1.00 1
Above 8.00 & 1.2 1
Up to 11.00
Above 11.00 & 1.35 1
Up to 14.50
Above 14.50 & 1.25 2
Up to 18.00
Above 18.00 & 1.25 2
The doors of a room or a hall, where groups of people congregate or gather in any building, shall be made to open outwards and no locks or bolts for closing the same from outside shall be affixed thereto. There shall be at least two such doors in every such room or hall if not more than 300 persons are intended to be accommodated therein and an additional door shall be provided for every 100 persons or part thereof in excess of 300 persons. The width of every such door shall not less than 1.80 metres.
In respect of matters relating to fire prevention and fire protection, for which provisions have not been made in the part, the provisions of the latest edition of the National Building Code and the latest edition of the National Electrical Code shall apply.
No permission for the erection, addition to or alteration of, any building other than a residential building or an educational building of less than fourteen metres and a half in height shall be granted unless the Board of Councillors in consultation with the Director of Fire Services of the Government of West Bengal or any Officer specially empowered by the Director for the purpose, is satisfied about the provision of means of exits and about the arrangements for protection against fire proposed for the building.
Where on the basis of the report of the Director of Fire Services of the Government or any other officer specially empowered by him the Municipal Authority is of opinion that the means of exit from any building is insufficient to allow safe exit in the event of fire, or the in-built fire protection measures are inadequate, he may by written notice require the owner or occupier of the building to alter or reconstruct any existing staircase in such manner, or to provide such additional or emergency staircases as he may determine, or such fire protection measures, as he may, in consultation with the Director of Fire Services of the Government or any other officer specially empowered by him, determine.
Notwithstanding anything contained in these rules, a building shall comply with the special requirements, if any, laid down in the Factories Act, 1948 (63 of 1948) or in any other law for the time being in force in relation to such building.
(1) The structural design of foundation, masonry timber, plain concrete, reinforced concrete, pre-stressed concrete and structural steel shall be in accordance with the provisions of the latest edition of National Building Code of India (NBCI) and/or Bureau of Indian Standard (BIS).
(2) For earthquake protection, a structural engineer shall design the structure taking into consideration the Indian standard codes as given below :-
(i) BIS : 1893 - 2002 "Criteria for Earthquake Resistant Design of Structures (Fifth Revision)".
(ii) BIS : 13920-1993 "Ductile Detailing of Reinforced Concrete Structures subjected to Seismic Forces - Code of Practice",
(iii) BIS : 4326 - 1993 "Earthquake Resistant Design and Construction of Buildings - Code of Practice (S
All materials and workmanship shall be of good quality conforming to the accepted standards of the Public Works Department of the Government of West Bengal or Indian Standard Specifications as included in Part V on Building Materials and Part VII on Constructional Practices and Safety of the latest edition of the National Building Code of India.
The Board of Councillors may approve any alternative material or method of design or construction if he is satisfied that such alternative is satisfactory and conforms to the provisions of the relevant parts of the National Building Code of India regarding materials, methods of design and construction and that such materials, methods of design or work are for the purpose intended equivalent to those specified in the Code in quality, strength, compatibility, effectiveness, fire and water resistance, durability and safety.
Whenever there is insufficient evidence of compliance with the provisions of these rules or there is evidence that any material or method of design does not conform to the requirements of these rules, or in order to substantiate any claim for alternative materials or design, the Board of Councillors may require tests to be made sufficiently in advance as proof of compliance and such tests shall be made at the expenses of the owner and in such manner as the Board of Councillors may direct.
(1) The planning, design and installation of electrical fittings, air-conditioning and heating work, installation of lift and escalators shall be carried out in accordance with the provisions of Electrical Installations, Air-conditioning and Heating, Installation of Lifts and Escalators on Building Services of the latest edition of the National Building Code of India. For electrical aspects of building services the provisions of the latest edition of National Electrical Code shall apply.
(2) The number of type of lifts to be provided in different buildings shall be as specified in the latest edition of National Building Code of India.
(3) Electrical installations in respect of any building exceeding fourteen metres and a half in height shall conform to the provisions of the latest edition of National Electrical Code.
Section R.90 of the West Bengal Municipal (Building) Rules, 2007, pertains to the enforcement, compliance, and penalties related to building regulations within municipal areas. It aims to ensure that construction activities adhere to prescribed standards, open space requirements, and other statutory provisions, thereby promoting safe and planned urban development.
While the exact text of Section R.90 is not provided, based on the context and related provisions, it generally deals with:- The authority and procedures for enforcing compliance with building rules.- The powers of municipal authorities to inspect, issue notices, and take action against violations.- The penalties or consequences for non-compliance, including demolition or legal proceedings.
Note: Due to the absence of the exact text of Section R.90, this commentary synthesizes related legal principles, judicial interpretations, and analogous provisions from the given sources to provide a comprehensive legal analysis.
(1) The planning, design, construction and installation of water supply, drainage and sanitation, and gas supply system shall be in accordance with the provisions of Water Supply, Drainage and Sanitation, Gas Supply on Plumbing Services, of the latest edition of National Building Code of India. Septic tank, pits of pit privy shall be so located in a premises or holding, that the same is easily accessible from the means of access to the plot.
(2) The underground reservoir shall be constructed in such a way that the manhole portion must be raised 300 mm. or more above ground level to avoid surface contamination. The inlet supply pipe shall always be kept above the higher level of the stored water surface.
(3) The depth of the Underground Water Reservoir or Septic Tank or Inspection Pits or manholes shall not be more than the shallowest fou
(1) The construction of advertising signs and outdoor display structures shall be in accordance with the provisions of Signs and Outdoor Display Structures of the latest edition of the National Building Code of India.
(2) Every building shall display in a prominent place on the front side, the premises number as assigned to it by the Municipality and the street name, so as to be conveniently visible from the street.
Provisions for Salt Lake Township within Bidhannagar Municipal Area and Nabadiganta Industrial Township
(1) Notwithstanding anything contained elsewhere in these rules, the provisions of this part shall apply only to the Salt Lake Township within Bidhannagar Municipal area and Nabadiganta Industrial Township and shall be construed to be in modification of, or to be supplementing, the other provisions of these rules in their application to the said Township.
(2) The provisions regarding construction of any building in any plot measuring 1.5 k, within green verge, and plot measuring 2k or 3k plot within park, allotted for Community Hall, Ward Committee office building or such other building, shall be as may be required by the Bidhannagar Municipality or Nabadiganta Industrial Township Authority, as the case may be :
Provided that the provision for approval of building sites to construct or reconstruct building under rule 4 of these rules, sh
(1) The provisions of this part of these rules shall be enforced by the Bidhannagar Municipality or Nabadiganta Industrial Township Authority, as the case may be.
(2) The Bidhannagar Municipality Nabadiganta Industrial Township Authority may, at all reasonable hours normally between sunrise and sunset and after giving forty eight hours’ previous notice, enter into or upon any building or premises for the purpose of ascertaining whether or not the provisions of the Part of these rules are being complied with.
In this part,-
(1) "alley" means a secondary public thoroughfare which affords a means of access to the abutting property;
(2) "Anita" or "Mumty (Stair Cover)" means a cabin, that is, the structure with a covering roof over a staircase and its landing built to enclose only the stairs for the purpose of providing protection from weather and not used for human habitation;
(3) "apartment house" means a building arranged, intended or designed to be occupied by three or more families, independent of each other;
(4) "approved" means approved by the Bidhannagar Municipal Authority or Nabadiganta Industrial Township Authority, as the case may be;
(5) "Assembly Place" means a room, floor area, or building designed
For submission of building plan under rule 11, in addition to the conditions laid down in these rules the following conditions are required to be fulfilled for the purpose of this chapter :-
(a) all plans shall be duly signed and certified by the owner in writing with inscription "Certified that I have gone through the West Bengal Municipal (Building) Rules, 2007, and also undertake to abide by those rules during and after the construction of the building".
Such plans shall also be signed and certified by the technical personnel engaged under rules 14-18 indicating their names, addresses, qualifications and enrolment numbers allotted by the authority with inscription "Certified that the plan has been designed and drawn up strictly according to the provisions of the West Bengal Municipal (Building) Rules, 2007";
When the notice is only for an alteration of the building, only such plans and statements as may be necessary shall accompany the notice :
Provided that a revised plan is to be submitted showing the changes proposed with the requisite fee as specified in rule 100.
No notice shall be deemed necessary for repairs in any existing building constructed in accordance with these rules.
If during construction of a building any departure or deviation from the sanctioned plan is intended to be made, sanction of the Authority shall be obtained before the change is made. The revised plan showing the deviation shall be submitted and the procedure laid down for the original plan therefor shall apply to all such amended plans. If on inspection during the construction stage, it is detected that deviation from the sanctioned plans have been made, the applications for the revised plan may not be entertained and the clearance certificate as mentioned in clause (a) of sub-rule (3) of rule 151 will not be issued in respect of the water and sewerage connections till rectification of the deviations.
(1) No building plan shall be deemed valid unless and until the person giving notice has paid the fees specified in sub-rule (2) to the Authority having jurisdiction and an attested copy of the receipt of such payment is attached with the building plan.
(2) Scale of fees for granting permission for building work under this part, shall be as follows :-
(a) Rs 3.50 per sq.ft. of total floor area covered in case of residential plots;
(b) Rs 10.00 per sq.ft. of total floor area covered in case of commercial plots and co-operative buildings.
(1) Part construction of a building according to any sanctioned plan may be permitted. Prior approval of part construction have to be taken from the Authority by submitting 2 copies of the plans (floor plan and front elevation of the part of the building proposed to be constructed). The Authority reserves the right to get the front elevation modified in case of such part construction.
(2) Part construction shall always start from the front and completed in full as per sanctioned plan for part construction.
(3) A partial occupancy certificate shall be issued for part construction under sub-rule (4) of rule 34 and no occupancy certificate shall be issued till part construction is completed in full.
(4) In the case of multistoried flats of Housing Co-operative Societies a partial occupancy certif
Fees for sanction of revised plan or for sanction of part plan shall be as follows :-
(a) part plan-Rs 300.00 per floor per building;
(b) revised plan-Rs. 2.00 per sq.ft. of total floor area covered per building;
(c) renewal fee-Rs. 200.00 per floor per building.
Where, on inspection, it is found that any building or structure or any part thereof is being or has been erected in deviation of the sanctioned plan or in contravention of any of the provisions of the Act or the directions issued these in, the Chairman or his authorized representative may issue a notice, in writing, to the plot-holder to appear before him or his authorized representative within such period as would be mentioned in the Notice, but not less than 10 (ten) days from the date of issue of the letter, requiring the plot-holder or his authorized representative to explain the reasons for committing such deviation or contravention as would be mentioned in the notice.
In cases of emergency which, in the opinion of the Authority, involves imminent danger to human life or health, the decision of the Authority shall be final. The Authority shall forthwith or with such notice as may be possible promptly cause such building, structure or portion thereof to be rendered safe or removed. For this purpose, the Authority may enter any time such structure or land on which it stands or abutting land or structure with such assistance and as may be deemed necessary. The Authority may also get the adjacent structure vacated and protect the public by an appropriate fence or such other means as may be necessary.
(1) For plots of more than 10K where more than one house will be permitted, the organisation which erects building shall provide as means of access to such building a clear pathway not less than 3.6 m. in width for 3 storeys and 5 m (16 ft) in width beyond 3 storeys from a street to the entrance door of such building, and such pathway shall, so long as it is used as a means of access to that building be maintained free from any obstruction and shall not at any time cause or permit any portion of any building below a height of 5 m (16 ft) to overhang into such passage.
(2) No building shall be erected so as to deprive any other building of the means of access as provided in this rule.
(3) Every person who erects a building shall indicate upon any plan required to be furnished by him in accordance with these rules the whole area of such m
In every building containing more than one dwelling, access shall be provided to each dwelling unit without the necessity of passage through any other dwelling unit.
(1) Obligatory front space, minimum side spaces and back spaces for various categories of residential buildings shall be as follows :-
Category of Front (fixed) Narrower side Wide side (Min.) Back (Min.)
plot (in metre) (Min.) (in metre) (in metre) (in metre)
2k 1.00 0.90 2.50 2.00
3k 1.00 0.90 2.50 2.00
4k 1.00 0.90 2.50 4.00
5k 1.50 0.90 2.50 4.00
6k 2.00 1.00 3.00 6.00
7k 2.00 1.00 3.00 7.00
8k 2.00 1.20 3.00 7.00
Whenever the open spaces specified under rule 107 do not give the percentage of covered area in conformity with rule 109 the more restrictive of the two shall apply.
(1) The maximum covered area of residential buildings shall be governed by the following :
Category of plot Maximum permissible
covered area
(i) 1[2, 3, 4 and 5 cottahs] 55% of the site area
(ii) 2[* *] 6 and 7 cottahs 50% of the site area
(iii) 8, 9 and 10 cottahs 45% of the site area
(iv) Buildings specified in sub rule (2) of rule 93 60% of the site area
(v) IT, ITES 3[and other permissible Industrial, 40% of the site area
Institutional and Commercial Sector Buildings]
1. Substituted by cl. (2)(a) of
(1) Window chajja or cornice may project up to 0.5 m (1’-8") on all sides of the building.
(2) One cantilever verandah from first floor upward projecting upto property line may be allowed only on the frontage and side facing the roads (for corner plots only). This projection may be extended up to 0.5 m (1’-8") on the wider and narrower side spaces also, provided that the permissible limit of FAR, is not exceeded and that the width of such verandah shall not exceed 2.5 m (8’-2"). Weather boards made either of concrete or pierced concrete or grill or glass or louvres or wood may be allowed to come down from second floor upwards up to the top level of windows in case of weather board from first floor, the clear gap between the bottom of weather board and plinth level shall be at least 8’-0". Only grills will be permitted to connect the above weather boards to the verandah railings on
(1) Permissible floor area ratio shall be as follows :-
Area of Plot Floor Area Ratio
2K 1.25
3K 1.25
4K 1.75
5K 1.75
6K 2.10
7K 2.10
8K 2.25
9K 2.25
10 K 3.20
Permissible for 2.75
institutional,
industrial and
Commercial Buildings
&n
(1) Maximum number of floors to be built up shall be as follows :-
Area of Plot Maximum no. of Floors allowed
2K G Plus 1
3K G Plus 1
4K G Plus 2
5K G Plus 2
6K G Plus 3
7K G Plus 3
8K G Plus 4
9K G Plus 4
10 K G Plus 7
Any plot specified G Plus 1
in sub-rule (2) of
rule 93 G means Ground floor
&n
(1) Maximum number of flats per storey shall be as follows :-
2K One Flat per Storey
3K One Flat per Storey
4K One Flat per Storey
5K Two Flats per Storey
6K Two Flats per Storey
7K Two Flats per Storey
8K Two Flats per Storey
9K Two Flats per Storey
10 K Three Flats per Storey
In the case of any building One Flat per Storey
specified in sub-rule (2) of
rule 93
&nb
Except with the written permission of the Authority, no person shall construct any basement floor, vault or underground rooms either under or as a part of building or otherwise and this will be considered as a floor and floor area ratio as specified in rules 111 and 112.
(1) In the main building, no plinth or any part of such building or outer house shall be more than 0.9 m (3’-0") and less than 0.5 m (1’-8") above the ground level, the reference ground level being taken as 15 cm above the abutting footpath level or road crown level whichever is higher, vide clause (9) of rule 95.
(2) The minimum plinth height in respect of bathroom and water closet only may be reduced, provided the required slope for drainage up to the manhole is available. For this purpose, the minimum plinth height has been fixed as 30.48 cm (i.e. 1’-0") only. In no case the rules of minimum height and size of the room would be relaxed.
(3) The minimum floor level of the garage shall be 15 cm above ground level.
(4) Every interior courtyard shall be raised at least 30 cm above the footpath of the abutting street, and shall be satis
(1) The height of all rooms for human habitation shall not be less than 2.75 m (9’-0") measured from the surface of the floor to the lowest point of ceiling and beam.
(2)The height of Bathroom, water closet and stores, measured from the floor to the lowest point of ceiling or beam, shall not be less than 2.29 m (7’-6").
(3) The height of the kitchen, measured from the floor to the lowest point of ceiling, shall not be less then 2.75 m (9 ft) :
Provided that the maximum height of each floor of any residential building shall be restricted to 3.6 m unless and otherwise specified in the guidelines of National Building Code.
(4) The ledge or tand shall have a minimum head room of 2.1 m (7 ft).
(5) The loft shall have a minimum head room of 2.29 m (7’-
(1) No habitable room shall have a floor area of 9.50 sq. m. except in the case of hostels attached to recognised institutions and in Industrial or Low Income Housing Schemes where the size of habitable rooms or the residence of a single person shall be not less than 7.45 sq. m.
(2) A kitchen shall have a floor area of not less than 4.20 sq metres and shall not be less than 1.52 m in width in case of plots having an area up to 167.2 sq m and shall have a floor area of not less than 5.57 sq metres and shall not be less than 1.83 m in width in case of plots having an area of more than 167.2 sq m. In case of Industrial or Low Income Group Housing Scheme, the minimum floor area of kitchen shall be 3.4 sq. m. A kitchen, which is intended for use as a dining room also, shall have floor area of not less than 9.29 sq. m. with a minimum width of 2.5 m.
(1) (a) Every habitable room shall have, for the admission of light and air, one or more fixture, such as windows, fan, lights, opening directly to the external air or into an open verandah, and of an aggregate area, inclusive of frames, of not less than 1/10th of floor areas.
(b) Cross ventilation by means of windows shall be effected in at least one living room of a tenement either by means of windows in opposite walls or, if this is not possible or advisable, then, at least in the adjoining walls.
(2) In the case of mechanized light and ventilation, the standards shall be such as to give the same intensity of ventilation as is provided in sub-rules (1) and (3) and subject to the approval of the Authority, provided alternative arrangements to ventilating and lighting the room according to the standards laid down in sub-rules (1) and (3
(1) Every bathroom or water closet shall-
(i) be so situated that at least one of its walls shall be open to external air;
(ii) not preferably be directly over or under any room other than another latrine, garage, washing place, bath or terrace, unless it has a water-tight floor;
(iii) have the platform or seat either plastered with cement or made of some water-tight non-absorbent material;
(iv) be enclosed by walls or partitions of bricks. Surface of every such wall or partition shall be furnished with a smooth, impervious material, such as cement plaster 1.3 cm thick or glazed tiles or polished marble or any suitable materials to a height of not less than 1 m (3 ft) above the floor of such a room;
(v) b
The roof of a building shall be so constructed or framed as to permit effectual drainage of the rain water therefrom by means of a sufficiency of rain-water pipes of adequate size so arranged, joined and fixed as to ensure that the rainwater is carried away from the building without causing dampness in any part of the walls or foundation of the building or those of an adjacent building.
(1) A tank or a cistern constructed with a building and intended for storage of water for human consumption or domestic purpose shall comply with the following requirements :-
(i) the Authority shall supply water at the ground level only and any arrangement for lifting the water by means of pumps to a suitable height and distribution of water in the building shall have to be done as per approval of the Authority. For this purpose, construction of house tanks shall be made at suitable levels in every household operated by properly checked ball valves;
(ii) no household up tap connections should be taken direct but through house tank.
(2) The tank of high level for distribution of water in the premises shall be constructed of metal reinforced cement concrete or lined with metal or metal sheets a
All pipes including all bends, junctions, tees, and elbows and all fittings used in connection with, or forming part of, the sanitary installation of a building or for the supply and distribution of water to and in a building shall be made of such material and be of such manner as may be approved by the Authority.
(1) A sink shall be so located that at least one of its sides will be against an external wall or in a window recess or in a position to ensure suitable connection.
(2) (a) Sinks shall be constructed of glazed stoneware, enameled fireclay or other equally suitable material;
(b) they shall be of such shape as will facilitate their maintenance in a state of cleanliness;
(c) no wood work shall be used for covering any such sink;
(d) the bottom of the sink shall slope towards the outlet.
(3) (a) A pipe shall be joined to the sink by a bell mouth at the bottom of the sink having its internal diameter about one inch larger at the sink than at the other ends;
(b) the
No other privy except connected privy discharging into the underground sewerage system shall be constructed in any building. The floor of every privy shall be made of cement concrete Patent stone or vitrified or well-pointed earthen tiles or mosaic and shall be in every part at a height of not less than thirty centimetres above the level of the surface of the ground adjoining the privy. The floor of every connected privy in which the opening of the pan is placed on the level of the floor shall have a fall or inclination towards the pan of at least one in twenty four. Every connected privy situated in a building shall have opening of not less than 0.55 sq metres in area in anyone of the walls of the privy as near the top of the wall as may be practicable and communicating directly with the open air.
(1) Every connected privy shall be provided with suitable water-cistern, so arranged as-
(a) to discharge direct into the pan of the privy not less than thirteen litres of water each time the cistern is used, and
(b) to prevent water being drawn from the cistern for any other purposes.
(2) All waste pipes and overflow pipe attached to such cistern shall terminate in the open air and a cut off from all direct communication with any drain.
(3) Every connected urinal shall be provided with adequate flushing arrangements to the satisfaction of the Authority.
(4) For the purpose of supplying water to the flushing cistern of a connected privy or connected urinal, a reserve tank of such capacity as may be speci
(1) Every connected privy and connected urinal shall be provided with a syphon trap which shall be proof against syphonage.
(2) In all cases where a connecter privy or connected urinal is more than one storey high, an anti-syphonage pipe having an internal diameter of not less than fifty millimetres shall be provided, and such pipe shall be carried independently to a height of at least sixty centimetres above the roof of the privy or urinal or the roof of the building in which such privy or urinal is situated.
(3) No ’container’ or other similar fittings shall be placed under the pan of a connected privy or connected urinal and no trap of the kind known as a ’D trap’ shall be used with any such privy or urinal.
(1) Every connected privy and connected urinal shall be provided with a soil pipe for carrying sewage to a city sewer.
(2) Such soil pipe shall be provided with air-tight joints, and if it be placed above ground, shall be made of metal approved by the Authority.
(3) Such soil pipe shall, in addition to the prescribed trap, be provided with trap placed at some point between the privy or urinal and the sewer referred to in sub-rule (1).
(4) Such soil pipe shall be ventilated by direct communication with the open air and if the privy or urinal is situated in a building, the pipe shall be carried outside the building.
(5) The soil pipe shall have to be connected to the sewer line through a master trap.
(1) Rain-water pipe shall be a least 75 millimetres (3 inches) in diameter and be constructed of cast-iron, wrought-iron, PVC glazed stoneware, asbestos or other equally suitable materials and shall be securely fixed.
(2) The mode of drainage of rain water shall be as approved by the Authority.
(3) The drainage from the roof and compounds, paved or un-paved, will be permitted to flow over footpath into the kerb drains and ultimately into gully pits. Drainage from roof or compound, paved or un-paved, must not discharge into or be connected with any soil pipe or soil ventilation pipe or any waste ventilating pipe nor shall it discharge into sewer.
No drain pipe or spout from any floor shall be allowed to directly discharge on footpath or road. Drain shall be constructed up to street gutter.
(1) The Authority may, at all reasonable, normally between sunrise and sunset, enter into or upon any premises for inspection of sewer lines, manholes and allied connections and cleaning or maintenance of the same, as necessary.
(2) (a) Before construction of building as per sanctioned building plan, the plot-holder must submit his sewerage and, water supply plan for sanction.
(b) The following shall be observed in connection with preparation of the sewerage and water supply plan :-
The sewer and water connection plan shall show the ground floor plan of the building along with the property lines, alignment of water and sewer line position of Master Trap inspection pit, Yard gully, sinks traps ground or underground water reservoir and also the departmental Manhole. A section of the underground
The Authority reserves the right to disconnect any connection made in violation of the provision made in sub-rule (2) of rule 130.
The Architectural features and designs of all buildings and structures must be to the satisfaction of the Authority who reserves the right to reject any plan after recording the reasons for such rejection.
The Authority shall be empowered to demand that owners undertake at their own expense any maintenance work that it deems necessary for decorative repair of building. Such work shall be completed within the period specified in the covering notice.
The appearance of all verandahs advertising sign and similar projection shall be subject to the approval of the Authority, which may demand that such existing structure be altered where necessary at the owner’s expense so as to conform harmoniously with the neighboring area.
No building shall be left with unfinished portion including projecting reinforcing bars which in the opinion of the Authority are unsightly unless the permission prescribing conditions with respect to the structure and the period for which such permission remain valid.
As soon as any building is completed, all rubbish, refuse or debris of any description shall be removed, to the satisfaction of the Authority, by the Owner from the site or sites on which building operations have been carried out or from any adjoining land which may have been used for deposition of materials or debris.
All wires, poles, masts, stays, struts, lighting conductors and similar fixtures on new buildings shall be straight and of good appearance.
The use of any disfigured or damaged materials which, in the opinion of the Authority, results in an unsightly appearance of a building shall not be allowed.
No sheet metal or barbed wire fence visible externally shall be erected on the frontage line or street line, the design whereof has been approved by the Authority.
Owners of parks or gardens visible from the streets shall plat, replace or maintain trees as per the laws in force and shall not in the opinion of the Authority having jurisdiction, conflict with the aesthetic appearance of the neighborhood.
.-(1) Monuments, decorative and monumental fountains, bridges and viaducts and in general, the decorative and ornamental features of public gardens and squares shall be built only after the approval of the Authority has been obtained, and the Authority may, in addition to drawings, demand the submission of photographs or perspectives of the composition so that the artistic value of the project will be more efficiently and effectively illustrated.
(2) The colour combination or painting or such other treatment at the facade of each building shall be got approved by the authorized architect of heritage committee who reserves the right to reject any such colour combination or painting or treatment if, in his opinion it is not aesthetic in its appearance.
(3) Where several facades constitute architectural composition, painting or such other
.-(1) All structures shall be so designed, built and maintained that under the conditions of dead and live loading the stresses in any of the material of construction or in the material on which a structure rests shall be well within the safe limits.
(2) In case there is a building or structure in the adjoining plot, all precautionary steps shall be taken by the plot owners against and flowing into the trenches from the sides before the execution of foundation is started. For that purpose, shorting shall be done in all excavation works. Shorting shall be of tongues and grooves type. The height of shorting shall be such that it may rise up to ground level by 2 feet and cover the depth to be excavated. The responsibility for any damages sustained by any existing building in the adjoining plots due to flowing of sand in the excavated trenches will be entirely on the plot owner(s) exca
No boundary wall shall exceed 2 metres in height. On the road side, the solid portion of compound walls shall not exceed 1.5 M in height. The foundation of the Boundary Wall below ground level shall not encroach upon any adjacent land outside the plot area.
.-(1) In every domestic building, more than one storey in height, the principal staircase shall have a width of not less than 1 metre in every flight :
Provided that where the building is constructed or adopted to be occupied in flats or tenements, the width of the principal staircase serving more than two suites per floor shall be increased by 8 centimetres in every flight for every additional suites on a floor.
(2) Every such staircase shall be adequately lighted and ventilated by windows of not less than 1 sq. metre in area per storey.
(3) No wooden staircase will be allowed.
(4) Minimum clear head room in any staircase shall be two metres and twenty five centimetres as measured from the top of the riser to the lowest position of the ceiling or b
A floor over stair flights only in the stair room (mumti) may be constructed by raising the roof level with provision of additional steps, if required, for the purpose of having space for puja. In no case the area of staircase room shall be increased at the roof level for an additional space. Height of puja room shall not exceed 2.28 m (7’6").
Asbestos cement or corrugated iron roofing to open space, garage and staircase top may be constructed in place of R.C. roofing.
Lofts will be permitted over store room, bath room and over passages, but in no case will each separate loft exceed 5 sq. metre in area. This will not, however, be considered while calculating the F.A.R.
The height of the parapet wall on the roof shall not exceed 1.25 metres.
Minimum size of a private garage within the built up area shall be 9.60 sq. m and minimum clear height and width of garage shall be 1.83 m (6 ft) and 2.25 m (7’4") respectively. The floor of the garage shall have adequate slope for drainage into a grated and grease trapped connection to the soil pipe of the sewage system.
Carriageway leading will be allowed in each plot. The carriageway leadings will be constructed under the supervision of the Authority as per written requirement of the lease-holder of the plot. The cost of supervision charge will be borne by the applicants.
(1) The plot owners shall have the right of connecting their private sewerage and water supply lines with sewerage and water supply system of the Municipality and shall derive the benefit of those services only after obtaining specific written permission from the Authority and on payment of connecting fees and other charges and for complying with the following requirement:
"The private line of sanitary sewers and water distributions shall be laid by, and under the supervision of, a plumber or plumbing firm registered with the Authority and the plot holder shall apply for water or sewer connections in form ’K’ (in duplicate) as a pre-requisite".
(2) Five copies of the sewerage and water supply plans shall have to be submitted for sanction to the Authority in the manner as mentioned in clause (b) of rule 96.
&nbs
A removable garbage bin of specified material and size with a lid will have to be provided by the owners/occupiers and kept within the open space of the premises easily accessible to Government staff. Throwing garbage on street or on adjacent vacant area is, strictly prohibited.
(1) Residential:
(a) Front Space 2.00 metres fixed;
(b) Side Space 1.20 metres minimum on narrower side and 3.70
metres minimum on wider side;
(c) Back Space 7.00 metres minimum;
1. Marginal note substituted by cl. (3)(a) of the Notification No. 227/MA/O/C-4/3R-8/2002 (Pt. I) dated 9.4.2010 for existing marginal note "Rules relating to open space regulation of Building where Block allotment is made".
(2) 1[Any plot of 8K or above] for all other categories of buildings e.g. Office/Hospital, Institutional, Commercial, Business, Assembly, Mercantile, Industrial, Storage 2[, IT/ ITES] etc. shall comply with the following rules for obtaining building permi
(1) Shops of some approved categories only will be permitted in shop allowable plots. No area for shops dealing with building materials such as Cement, Steel, Brick, Sand, Lime, Soorkee and such edible items as meat, fish, vegetable, is permitted. The decision of the Authority as to whether a particular category of shop will be permitted or not will be final.
(2) Shops as road-fronts only will be permitted. In corner plots, shops on one side only as shown in the layout plan will be permitted. Depth of shop room shall not exceed 20 ft from the front building line.
(3) Minimum front opening of shop rooms shall be 3.04 metre (10’4"). The plinth of the shop room may be towered to 0.25 m notwithstanding anything contained in rule 115.
(4) A cantilever verandah projecting up to the property line sha
(i) Provisions of rule 86 in respect of proper structural design with seismic resistance for all structures beyond 10m in height to be followed :
Provided that 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. The Superintending Engineer will make his recommendation on the basis of Structural Stability Certificate given by the empanelled LBA/Structural & 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
Notwithstanding anything contained elsewhere in these rules, the special provisions of this part shall apply only to the Municipalities or Notified Area Authorities in the hill areas and shall be construed to be in modification of, or to supplementing, the other provisions elsewhere in this rules in their application to the Municipalities or Notified Area Authorities in the hill areas. Anything not covered under the special provisions shall be guided by the provision made elsewhere in this rule or the Act.
.-(1) No piece of land shall be used as a building site, unless the Board of Councillors is satisfied that-
(a) land record is in conformity with the proposed construction;
(b) the site of such building abuts an all weather public street, a projected public street or a private street or footpath, passage and is, not less than 1.50 metres wide at any part, duly sanctioned and constructed and recorded in the Books of Municipality in accordance with the provisions of the Act or any other law in force immediately before the commencement of the Act :
Provided that, no building shall be erected so as to deprive any other building or building site of the means of access as specified above;
(c) the site is at least 100 sq. metres in area;
&nb
(1) Before submission of the building plan, approval of the building site has to be obtained.
(2) Application, under sub-rule (1) submitted in Form A, shall state inter alia the proposed use of the land as per use group provided in the Act.
(3) Every application, specified in sub-rule (1) shall be accompanied by a site plan in triplicate and the reports/or recommendations of tests for soil and stability of slopes, as and where applicable under rule 157 together with a fee as specified in rule 4. 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 or Architect as required under rule 161 with a certificate to the effect that the site has been inspected personally by the Licensed Building Surveyor or the Architect, as the case may
(1) No sub-division of any plot within the municipal area shall be undertaken without the prior approval of the Board of Councillors.
(2) Generally,-
(a) a plot to be sub-divided shall be termed as mother plot;
(b) every individual plot obtained by sub-division of the mother plot shall abut a means of access having width of not less than 2.00 metres;
(c) this rule shall not apply to a scheme for Economically Weaker Section and Low Income Group Housing approved by the Government;
(d) 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) com
(1) Every owner who intends to erect, re-erect, 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 or Geo-technical Engineer as required under rule 161. While submitting the plan, the architect or licensed building surveyor or structural engineer or Geo-technical Engineer shall certify to the effect that the site has been personally inspected by him while planning for the building and/or designing the structural members, as well as he has taken into account the findings and/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 geotechnical engineer shall have to be empanelled with the Municipality.
&nbs
(1) Every person who intends to erect, re-erect, add to or alter any building shall, subject to the provisions of the Act and these rules, engage,-
(a) for all building up to 6.50 metres in height, a technical personnel not below the rank of a licensed building surveyor for planning, designing and construction of the building foundation and superstructure and for all buildings above 6.50 metres but below 13.50 metres in height and/or for erection involving piling works, deep foundation or construction of basement or any other underground structure thereto, a licensed building surveyor and/or an architect and a structural engineer and a geo-technical engineer for conducting soil test and other tests as required under rule 157(f), planning, designing and construction of the building foundation and superstructure;
(b) a licensed building su
(1) The maximum permissible height of a building as well as its permissible floor area shall be regulated by the width of the surrounding open space in the same holding plus the width of its means of access, depending on the type of building use as per the table below :-
Floor Area Ratio (FAR)
width of means of Up to 3.0 m 3.0-5.0 m 5.0-7.5 m above 7.5 m
access plus width of
front open space
Residential 1.0 2.0 2.5 2.75
Commercial, Public 1.0 1.5 2.0 2.5
and other uses
Maximum permissible 4.5m 6.5m 11.5 m 13.5m
The maximum permissible ground coverage for buildings when a single building is proposed for a plot shall be regulated by the plot size, depending on the type of building use as given in the table below:
Plot Size
Maximum permissible ground coverage
100-400 sq.m 400-1200 sq.m Over 1200 sq.m
Residential and 70% 60% 50%
Educational uses
Commercial, Public 60% 50% 40%
and other uses
(1) The following shall be the open spaces of the buildings :-
(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 sky without any projection or overhang excepting cornices, chajjas or weather-shades of not more than 0.50 metre width;
(b) every building shall have exterior open spaces comprising front open space, and side open spaces. The minimum width prescribed for front open space, rear open space and side 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 o
(1) Every plot shall abut a means of access which may be a public street or private street or passage, the minimum width of which shall be as specified in rule 157(1)(b).
(2) No building which in full or part is put to assembly occupancy for the purposes of theatre, motion picture house, city hall, skating-rink, auditorium, exhibition hall or for similar other purposes shall be allowed on a plot located within 50 metres of the junction of two streets, the width of each of which shall be a minimum of 8.0 metres.
(3) Every building on a plot having more than one building shall abut an internal road connecting the means of access of the plot and such roads shall conform to the requirements of internal roads specified in rule 159.
(4) Number of Car Parking Spaces as per Covered Area of plot and Us
(1) (a) An open drain must be provided on the inner side of an internal road, constructed in accordance with the specifications in this rule;
(b) An effective slope and drainage system shall be maintained at all times on the developed ground after slope cutting or filling, during and after development as per this role on any site;
(c) The drainage system shall efficiently collect and carry away from the site, the water collected within the premises of the building complex or from the hillside above, for suitable disposal as quickly as possible to water courses such as main drains or natural streams/jhoras without stagnation avoiding any possibility of erosion, slope failure, damage to the building or other property in the vicinity.
(2)(a) Proper slopes, not less than 1: 60 shall be maintained
(1) The cutting of slopes in the creation of steps and terraces for development work shall be carried out while ensuring the stability of excavations to provide for the safety of the buildings located and constructed thereon in accordance with the provisions in the BIS Codes.
(2) Local ground conditions shall be taken into account in the determination of the appropriate precautionary work and protection walls such as revetments, retaining walls, toe walls and breast walls as well as the specifications of the relevant codes of practice of the Bureau of Indian Standards including BIS I 4243-Part I & II : Selection and development of site for building in hill areas guidelines.
(3)(a) The maximum height of cutting for development work as per soil strata shall be as given below :-
Loose soil or bou
(1)(a) Additions to existing buildings shall only be permitted in the case of structurally sound structures with a record of the complete details pertaining to the soil or stability materials and system of construction;
(b) The total floor area, height and ground coverage after addition to an existing building shall not exceed the provisions of maximum permissible floor area, height and open space as per the criteria specified in the rules 162, 163, 164 and other relevant rules, while the additions to an existing building shall further conform to the provisions for front, rear and side setback as specified in these rules.
(2) In the case of multiple buildings in a plot, open space shall be set aside for the purpose of public and community activity in addition to the provisions for open space and for providing the means of access as speci
(1) Old Buildings of the Municipal area which are of age of more than 50 years or have been damaged by natural force like earthquake, fire etc. and which are partly or fully occupied by tenant will get special consideration in respect of their reconstruction as per opinion of the Board of Councillors provided the applicant is fully agreeable to rehabilitate all the tenants after reconstruction by providing the equivalent area as under his possession before construction or otherwise upon mutual settlement with the tenants.
(2) Reconstruction under sub-rule (1) may also be permitted in cases where owner or owners of more than one plot apply for such consideration upon all such plots being amalgamated and mutated as per law.
Explanation.-For the purpose of this rule ’special condition’ shall be the consideration of reduction of mandatory open spaces, allowing the Extra Height, FAR,
(1) In case of buildings older than 20 years it shall be the duty of the owner of a building to get his building inspected by an Empanelled Structural Engineer (ESE) within a year from the date of coming into force of these rules. The structural inspection report shall be produced by the owner to the Municipal Authority. If any action for ensuring the structural safety and stability of the building is to be taken, as recommended by ESE, it shall be completed within stipulated period as may be specified by the ESE.
(2) Structural safety certificate from an empanelled structural engineer after every 6 years for buildings older than 20 years is to be produced by the owner at the time of general revaluation of the building.
(1) (a) Roof top RWH system shall form a part of the building and shall have to be included in the building plan, either for direct use of the rain water or for ground water recharging, or both, applicable in case of, new building or any new housing complex or expansion of any existing building or housing complex.
(b) If RWH system is proposed in any existing building or housing complex not covered under above provision, an incentive to the tune 15% reduction in the building plan sanction fee may be allowed.
(2) Provision for Tree Cover shall be included in the site plan,-
(i) for any housing complex covering a total floor area of 6000 sq.mtre or more, the applicant shall arrange for raising and maintenance of tree cover at their own cost which shall be at least 15% of the land area within th
Waste water recycling system shall be incorporated in all buildings including group housing having a minimum discharge of 40,000 litres and above per day for flushing of toilets/Gardening/car washing etc.
Notwithstanding anything contained elsewhere in these rules, there shall be provisions in the building plans of public utility buildings for disabled friendly devices like ramps with railing, toilet and drinking water facilities, Braille or Auditory signals in all lifts in accordance with the provisions of Disabilities Act, 1995. Barrier free entry of disabled persons into departmental stores, theatres, with wheel chair, shall be ensured.
provision for use of solar energy in the form of solar heater and/or solar photo cells shall be included in the Building Plan in case of any new building exceeding 14.5 m in height or expansion of any existing building causing height to exceed 14.5 m.
If Solar Energy system is proposed in any building not covered under above provision, an incentive to the tune 10% reduction in the building plan sanction fee may be allowed.
No Objection Certificate, if any, must be obtained by this office authority and shall be accompanied with the application for obtaining building sanction plan.
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
AI Assistant
