KOLKATA MUNICIPAL CORPORATION BUILDING RULES, 2009
(1) These rules may be called the Kolkata Municipal Corporation Building Rules, 2009.
(2) They shall apply to all building activities in Kolkata other than activities referred to in section 450 of the Kolkata Municipal Corporation Act, 1980.
(3) They shall come into force on the 15th day of September, 2009.
In these rules unless the context otherwise requires -
(1) "the Act" means the Kolkata Municipal Corporation Act, 1980 (West Ben. Act LIX of 1980);
(2) "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 purposes of advertising or to give information regarding or to attract the public to any place, person, public performance, article or merchandise whatsoever, and which surface or structure is attached to, forms part of or is connected with any land, building or is fixed to a wall, hoarding, frame, post, kiosk or structure or to the ground or to any post, fence or displayed in space or in screen;
(3) "air-conditioning" means the process of treating air so as to con
(1) No person shall erect a new building, or re-erect, or make addition to, or alteration of any. building, or cause the same to be done as specified in section 392, without obtaining a sanction in the form of a Building Permit from the Municipal Commissioner under the Act, and without obtaining such permission for development from the concerned authority as may be required under the West Bengal Town and Country (Planning and Development) Act, 1979 (West Ben. XIII of 1979).
(2) Notwithstanding the provisions of sub-rule -
(1) no building permit shall be required for(a) erection, re-erection, addition to, or alteration of-
(i) an internal partition wall which does not violate any of the provisions of the Act or these rules, or (ii) a parapet wall or a cornice or chajja within the boundaries of
(1) Every person who intends to erect a new building on any site whether previously built upon or not or re-erect or make addition to or alteration of any building shall apply for sanction by giving notice in writing to the Municipal Commissioner.
(2) Every such notice for erection or re-erection or addition or alteration shall be in the form as specified in Schedule I, one copy of which shall be submitted along with all the enclosures required under these rules.
Note I: The application shall contain, in addition to the notice as aforesaid, duly stamped and legally enforceable declarations, indemnities etc., as required.
Note II : Except in case of a residential building to be erected or re-erected or altered on a plot of five hundred squre metre or less of land, the notice shall be accompanie
The Key Plan drawn to a scale of not less than 1 : 4000 shall show the boundary of the location of the site with respect to neighbourhood landmarks and public streets.
The Site Plan drawn to a scale of 1: 600 (except in respect of a site more than 5000 square metre where a scale of not less than 1: 1000 can be used) shall show:
(a) the boundaries giving dimensions of the site and of any contiguous land belonging to the owner thereof;
(b) the position of the site in relation to neighbouring street or street within a distance of 25 metre of the site and if there is none the name and the distance of the nearest existing street;
(c) the name or names of street or streets and widths thereof on which the site abuts;
(d) the means of access from the street or passage to the building in respect of which sanction is sought for and to other existing building if any, and other buildings which the applicant intends to erect u
(1) Building plans, elevations and sectional elevations drawn to scale of 1 : 100 and in case of sites whose area exceeds 5000 square metre, drawn to a scale of 1 : 200, with part drawing in a suitable larger scale for clarity, if need be, shall include and show-
(a) floor plans together with covered area of each floor including in the case of the ground floor and basements, the ground coverage in relation to the area of the plot, means of access and open spaces, floor plan of any accessory building or buildings and basement plan, if any, clearly indicating the size and spacing of all supporting members and sizes of rooms and details of foundation,
(b) terrace plan indicating the drainage and the slope of the roof including position of rainwater pipes,
(c) the position and width of any stair
(1) All site plans, building plans, elevation and sections shall be on drawing sheets which shall be in any of the sizes specified in the table below :-
TABLE 1
Drawing Sheet sizes
Serial No. Designation Trimmed Size (mm)
1 A0 990 x 1198
2 A1 594 x 990
3 A2 495 x 594
4 A3 297 x 495
5 A4 247 x 297
6 A5 148 x 247
(2) The plans may be ordinary prints of ferro-paper or other paper or blue printed or ammonia print or computer generated print,
The plans shall be coloured as specified in Table 2 below :-
Sl. Item Site Plan Building Plan No.
No.
White Plan Blue Plan Ammonia Print White Plan Blue Plan Ammonia Print
1. Plot Lines Thick Black Thick Black Thick Black Thick Black Thick Black Thick Black
2. Existing Street Green Wash Green Wash Green Wash Green Wash Green Wash Green Wash
3. Future street if any Green Dotted Green Dotted Green Dotted Green Dotted Green Dotted Green Dotted
4. Permissible Thick Dotted Thick Dotted Thick Dotted Thick Dotted Thick Dotted Thick Dotted
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All dimensions shall be indicated in metric units in a uniform manner.
The specifications of the proposed construction shall provide a type and grade of materials and method of construction to be adopted.
(1) The Municipal Commissioner may at any time, but not later than fifteen days of the receipt of notice under rule 4, issue a requisition to the applicant specifying at a time, all the· defects in the notice for sanction of plan and the applicant shall make his submission in reply to such requisition within fifteen days thereafter.
(2) The Municipal Commissioner may, within fifteen days after the receipt of such reply, require further information or revised plan as he may deem fit and such information or revised plan shall be submitted within such period as may be specified by the Municipal Commissioner.
(3) If any plan or information as required under sub-rule (1) or sub-rule (2) is not forthcoming within the specified time or if the plan or information as required under these rules is not furnished to the satisfaction of the Municipal
Within a period of sixty days, or for any case governed by clauses (b) to (m) of sub-section (1) or sub-section (3), of section 390 within a period of thirty days, of the receipt of any valid notice under these rules with reference to section 393 or section 394, as the case may be, the Municipal Commissioner shall in accordance with the provisions of section 396 and with reference to the provisions of section 313 by written order, either-
(a) sanction or provisionally sanction with such conditions, if any, not inconsistent with the provisions of the Act and these rules as he may think fit, the erection, re-erection, addition to, or alteration of, the building and shall issue a Building Permit to the applicant in the form as specified in Schedule VI, or
(b) refuse sanction or provisional sanction under the provisions of the Act and rule
The aesthetic quality of urban and environmental design of structures with respect to every application for erection or re-erection of a building shall be considered by the Municipal Commissioner including as to-
(a) conservation, preservation and beautification of-
(i) monumental buildings, public parks and public garden including locations or installations of· statues or fountains therein,
(ii) any area of special, historical or cultural significance as the Mayor-in-Council may consider, or
(b) conservation and preservation of any project which aims to beautify Kolkata or to add to its cultural vitality or to enhance the quality of its urban design, or
(c) conservation and preservation of any project
(1) The Building Permit shall subject to the provisions of these rules be issued under the signature of the Municipal Commissioner.
(2) The Building Permit shall not be issued till a duly authenticated copy of a receipt showing payment to the Corporation of the Building Permit Fees payable under these rides for the sanction of the building, is produced before the Municipal Commissioner.
(3) The Building Permit shall, subject to the provisions of sub-section (3) of section 398 be valid for a minimum period of five years from the date of issue of such permit and may be renewed by the Municipal Commissioner for such further period, such that the original period of validity and period(s) of renewal and renewals, if any, do not exceed ten years from the date of issue of permit, on payment of such fees and charges as may be fixed by the Mayor-
(1) The Municipal Commissioner may refuse sanction or provisional sanction for erection, re-erection, addition to or alteration of a building on anyone of the following grounds to be specifically recorded in the form as specified in Schedule VIII :-
(a) that the building or the work or the use of the site for the building or the work or any of the particulars comprised in the site plan, ground plan, elevation, section or specification would contravene the provisions of the Act or these rules or any other rules or regulations made under the Act, or of any other law in force for the time being,
(b) that the notice for sanction does not contain the particulars or is not prepared in the manner required under these rules,
(c) that any information or document required by the Municipal Commissioner
(1) The notice submitted by the applicant under sub-rule (1) of rule 4 shall lapse with the refusal of sanction or provisional sanction under these rules.
(2) Fresh notice under section 393 or 394, as the case may be, shall be necessary if the applicant proposes to amend his earlier notice and its enclosures.
(1) If within a period of sixty days, or for any case governed by clause 1 (b) to (m) of sub-section (1) of section 390 within a period of thirty days, of the receipt of any notice under these rules with reference to section 393, or section 394, as the case may be, or of any information under section 395, the Municipal Commissioner does not sanction or provisionally sanction or refuse to sanction under section 396 the applicant may in accordance with the provisions of section 398 make a representation to the Mayor.
(2) The Mayor shall, after such enquiry as he may think fit, and after giving the applicant an opportunity of being heard, direct the Municipal Commissioner to sanction or provisionally sanction or refuse sanction and communicate the same to the applicant within a period of thirty days from the date of receipt of the representation by the Mayor.
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The Municipal Commissioner may in accordance with the provisions of section 397 by a written order, cancel any Building Permit issued under these rules.
Every person who intends to demolish any building or part thereof shall give notice in writing to the Municipal Commissioner. The demolition work will be executed taking due care of adjoining structures and carried on under the supervision of a Structural Engineer empanelled with the Corporation.
(a) After sanction of plan and commencement of work, the applicant may be allowed at his own risk and cost, and with prior permission of the Municipal Commissioner to retain and make use of part of the existing structures and also the existing drainage and water supply connections for the purposes of providing temporary accommodation to tenants or for being used as a site office, construction material storage space, workers toilet and other allied purposes. The permission referred to herein may be granted on such terms and conditions, including as to the period within which such structure or facility has to be demolished or dismantled, as considered appropriate by the Municipal Commissioner.
(b) In case any declaration is given by the applicant that he would set aside any portion of the site for widening of the road or for other purposes, as a pre-condition to sanction, the applica
At any time within two years from the date of the issue of the Building Permit but not less than seven days before commencing the erection of the building or the execution of the work the applicant shall give notice in writing to the Municipal Commissioner in a form as specified in Schedule IX of the proposed date of commencement of such erection or such execution.
Provided that if within the period of the validity of the Building Permit the commencement does not take place within thirty days of the date so notified, the notice shall be deemed not to have been given and a fresh notice shall be necessary.
(1) From the date of commencement upto the date of issue of completion certificate under section 403 of the Act 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 Commissioner 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, Structural Engineer and Geo-Technical Engineer, as the case may be, the name of the owner and number and date of the Building Permit.
(2) Where any tests in respect of any material and/or works are made to ensure conformity with the requirements of these rules, copies of reports and records of the tests shall also be kept for inspection at the site:
Provided further that all such documents shall also be produced
(1) After the completion of the structural work upto the plinth level or upto one m. above ground level, whichever is higher, the applicant shall give a notice to the Municipal Commissioner in the form as specified in Schedule X, to enable him to inspect such work.
(2) An officer of the Corporation duly authorized in this behalf shall inspect the work at the site within seven days from the date of receipt of the notice and within three days of such inspection issue necessary direction, if any.
(1) Before proceeding to cover up drains or appliances connected with the drainage, the applicant shall give a notice to the Municipal Commissioner in the form as specified in Schedule XI 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 Corporation duly authorized by the Municipal Commissioner in this behalf shall inspect the work at the site and within three 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 4 shall inform the Municipal Commissioner by notice in writing along with a certificate from the Architect or the Licensed Building Surveyor and Structural Engineer, 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 thereafter proceed
(1) Within one month after the completion of the erection of any new building or execution of any work the applicant shall in the form as specified in Schedule XII duly countersigned by the Architect or Licensed Building Surveyor and Structural Engineer, as the case may be, give notice to the Municipal Commissioner of such completion under section 403 of the Act.
(2) The notice shall be accompanied by 3 sets of building plans (either ammonia print or computer generated print) marked as "Completion Plans" with all the revisions and modifications including those referred to in sub-rule (2) of rule 26 incorporated therein and clearly stating the occupancy or use-group for which the building or the work has been sanctioned. The plans shall be duly signed by the applicant and the Architect or the Licensed Building Surveyor, and the Structural Engineer, as the case may be.
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(1) Within fifteen days of the receipt of notice of completion of building work, the Municipal Commissioner shall inspect the building or work and shall satisfy himself that the ejection or the execution of the work has been completed in accordance with completion plan.
(2) Within ten days of inspection, the Municipal Commissioner shall, if he is satisfied that the building or work has been completed in accordance with the completion plan issue a completion certificate in the form as specified in Schedule XIII :
Provided that such certificate shall not be issued in the case of building or any work for which provisional sanction was given unless the applicant produces before the Municipal Commissioner the license or permission in accordance with sub-section (3) of section 396 and documents recording compliance of the terms and conditions
(1) Upon a written request made to the Municipal Commissioner for issuance at Partial Completion Certificate consequent upon completion of a part of a building which is under construction, the Municipal Commissioner, on being satisfied that the construction of the specified portion is complete in all respects; that the remaining construction cannot be completed as per sanction plan within a reasonable period of time and that circumstances exist for allowing partial occupation of the building, may issue Partial Completion Certificate valid for a specified period, in the form as specified in Schedule XIII.
(2) A written request under sub-rule (1) shall be accompanied by -
(a) a notice of completion in the form as specified in Schedule X for the portion of the building which is stated to be complete, along with all enclosures as per rule 27
(1) Upon a written request made to the Municipal Commissioner for issuance of Block wise Completion Certificate consequent upon completion of one or more of number of buildings out of a block of buildings (where the proposal consists of more than one building), the Municipal Commissioner, on being satisfied that the construction of the particular block is complete in all respect and that circumstances exist for allowing occupation of the particular block of building and issue Block wise Completion Certificate for that particular block of building in the form as specified in Schedule XV.
(2) A written request under sub-rule (1) shall be accompanied by -
(a) notice of completion in form as specified in Schedule X for the particular block of building which is stated to be complete along with all enclosures as per rule 27 as applicable,
(1) In case where within a period of thirty days of the receipt of the notice of completion, duly completed in all respects, the Municipal Commissioner fails to issue a Completion Certificate or communicate his refusal, the applicant may in accordance with the provisions of section 403 make a representation in writing to the Mayor.
(2) The Mayor shall, after such enquiry as he may think fit, and after giving the applicant an opportunity of being heard, direct the Municipal Commissioner to issue the certificate or communicate refusal of the same to the applicant within a period of thirty days from the date of receipt of the representation to the Mayor.
Subject to other law, rules and regulations for the time being in force, no person shall occupy or be permitted to occupy a building erected or re-erected or altered under the Act in respect of which a Completion Certificate under rule 28 or a Partial Completion Certificate under rule 29 or Block wise Completion Certificate under rule 30 has not been issued by the Municipal Commissioner.
If any re-erection or addition or alteration of a building in respect of which an Completion Certificate has been issued is intended fresh notice under section 393, or section 394, as the case may be, shall be necessary.
(1) No person shall without obtaining permission from the Municipal Commissioner, erect, re-erect, alter or add to a building or execute any work between the hours of sunset and sunrise.
(2) If the Municipal Commissioner is satisfied "that the erection or alteration of any building or execution of any work is being carried out between the hours of sunset and sunrise without permission he may take such action as may be necessary under the Act.
(1) The Municipal Commissioner or an officer of the Corporation duly authorized by him in this behalf may in pursuance of the provisions of sections 314, 413, 544, 545, 546, 547 or 548 or any other provisions of the Act, inspect erection, re-erection, addition to or "alteration" of any building or execution of any work.
(2) The Municipal Commissioner may in accordance with the provisions of section 315 or section 402 or any other provisions of this Act require action to be taken by the applicant or the owner of any building.
(1) Within 7 days of issue of the Completion Certificate, the issuing officer shall transmit, for purposes of levy of a consolidated rate under the Act, one set of the building plans as approved under rule 28 to such officer of the Corporation as the Municipal Commissioner may specify in this respect.
(2) The ammonia print blue print set of such plans shall be kept in such medium as the Municipal Commissioner may direct, including in electronic medium form, for preservation as a permanent record, within such time and in accordance with such orders as the Municipal Commissioner may make from time to time in this respect.
(3) The plans transmitted or deposited shall bear the endorsement "Approved Completion Plans" and shall be signed by the Municipal Commissioner.
(1) The Mayor-in-Council shall in accordance with the provisions of sub-section (1) and (2) of section 391, constitute a Municipal Building Committee with the Municipal Commissioner as its Chairman and an officer of the Corporation as its Convener.
(2) The Committee shall have, in addition to the Chairman and the Convener, eight other members of whom (a) One shall be a nominee of the Kolkata Metropolitan Development Authority.
(b) One shall be a nominee of the Commissioner of Police, Kolkata.
(c) One shall be the Director of the West Bengal Fire Services (or his nominees).
(d) One shall be a nominee of the State Government.
(e) One shall be the Chief Engineer, Municipal Engineering Directorate, Department
(1) The Committee shall in accordance with the provisions of (a) sub-section (5) of section 391 scrutinize every application for erection or re-erection of a building for which notice has been received under section 393 or section 394, except for a residential building to be erected or re-erected on a plot of five hundred square metre or less of land and shall forward its recommendations to the Mayor-in-Council.
(2) In case of any building which is intended to be erected at the corner of two streets, the Committee shall, in accordance with provision to sub-section (1) of section 405 scrutinize every such plan and shall forward its recommendations to the Mayor-in-Council.
(3) The Committee shall consider and recommend on any other matter included in Chapter XXII of the Act as referred to it by the Mayor-in-Council.
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(1) The Municipal Commissioner shall, as early as possible, communicate the recommendations of the Committee to the Mayor-in-Council along with dissenting notes, if any, for its considerations in accordance with the provisions of sub-section (7) of section 39V and its decision in accordance with the second proviso to sub-section (1) of section 396.
(2) No person shall divulge any recommendations of the Municipal Building Committee to any person other than one entitled to know it for official purpose only during the processing of such recommendation.
(3) The Mayor-in-Council shall consider the recommendation of the Committee and may accept the same or in case of non-acceptance* or any modification, alteration or cancellation of the same shall record the reasons thereof, within 30 (thirty) days from the date of communication of such recomm
Save as otherwise provided under the Act and these rules, no notice under section 393 or section 394 shall be valid till the submission fee has been paid to the Corporation in accordance with these rules.
(1) The Corporation shall in accordance with the provision of sub-section (3) of section 131 state the schedule of rates at which Building Permit Fee for sanction of revised plan shall be levied by it during the year next following.
(2) The rate of fee shall be on the basis of sanctioned floor area, as well as width of means access and zone in which the plot is situated. Provided that different rates shall be specified for different occupancy or use groups as defined under sub-section (2) of section 390.
(3) The rates shall be on the same basis for erection, re-erection, addition, to or alteration of any building.
The Building Permit Fee payable in any case shall be calculated on the basis of the total floor area sanctioned in the building plan including basement, covered parking space and mezzanine floor, as the case may be.
(1) The Corporation shall in accordance with the provisions of sub-section (3) of section 131 specify an amount payable in respect of-
(a) conversion of a Partial Completion Certificate to a Full Completion Certificate in accordance with the provisions of sub rule (4) of rule 28;
(b) an application for permission to use any building or part thereof under section 416 or section 418, or section 419 or section 420 or section 421 for section 422 or section 423, as the case may be;
(c) any other fee under Chapter XXII or Chapter XXIII of the Act and these rules.
(2) The fees shall be payable in advance and a duly authenticated copy of a receipt showing payment to the Corporation shall be produced along with any notice or application, as the case may be.<
(1) The Corporation shall in accordance with the provisions of sub-section (3) of section 131 specify rates at which Stacking Fee payable in respect of a permission under sub-rule (14) of rule 4 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.
(2) The Stacking Fee payable in any case shall be calculated on the basis of the total floor area sanctioned in the building plan including basement, covered parking spaces, and mezzanine floors.
(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) In
Save as otherwise provided under the Act and these rules -
(a) No key plan, Site plan, building plan or specification accompanying a notice given under section 393 or section 394, or any other plan in respect of which it is so stipulated, shall be valid unless an Architect or Licensed Building Surveyor in association with an Structural Engineer and Geo-Technical Engineer as the case may be, certifies that such plan has been prepared under his supervision and the applicant also certifies that such work will be carried out under the supervision of an Architect and/or Licensed Building Surveyor in association with an Structural Engineer and. Geo-Technical Engineer as the case may be in accordance with the provisions of the Act. these rules and the sanctioned or the provisionally sanctioned plan;
(b) no notice given under rule 22 or rule 24,
In case of building plans in respect of property owned by Central or State Government or any other controlled by the Central or State Government, prepared and submitted under the signature of Engineer and or Architect who are its employees, compliance of rule 49 may not be insisted upon :
Provided that the minimum qualification of such Engineer and or Architect is as prescribed in these rules.
(1) Every person who intends to erect, re-erect, add to or alter any building shall, subject to the provisions of this Act and the rules, engage-
(a) for all residential buildings upto 10.0 m. in height and not involving deep foundation, at least one person not below the rank of Licensed Building Surveyor for planning, design and construction of the building including the foundation;
(b) for all buildings above 10.0 m. and upto 15.50 m. in height and/or erection involving piling 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 the foundation;
(c) for all other buildings, an Architect, a Structural Engineer
An Architect/Licenced Building Surveyor-
(a) for all classes of buildings above 25.5. m in height, shall associate in work an empanelled Structural Engineer (Class I) having a post graduate degree in structural engineering from a recognized University or an equivalent engineering qualification recognized by the Government, with at least five years’ experience in structural design and execution of different classes of buildings, or having a degree in civil engineering or structural engineering from a recognized University or an equivalent engineering qualification recognized by the Government with at least ten years’ experience in structural design and execution of different classes of buildings; and
(b) for buildings having a height of 25.5 m. shall associate in work an empanelled Structural Engineer (Class II) having a post graduate degree in structural engineering from a reco
Technical Engineers or Licensed Building Surveyor or Structural Engineers.-An Architect/Licensed Building Structural or Structural Engineer-
(a) for all classes of buildings of more than 20.0 m in height shall associate in work an empanelled Geo-Technical Engineer (Class I). having a post graduate degree in Geo-Technical Engineering from a recognized University or equivalent engineering qualification or membership recognized by the Government, with at least five years’ relevant experience in soil exploration, investigation and recommendation of types of foundation and execution of such work;
(b) for all classes of buildings of upto an height of 20.00 m., shall associate work an empanelled Geo-Technical Engineer (Class - II), having a post graduate degree in Geo-Technical Engineering from a recognized University or an equivalent engineering qualification recognized by the Govern
Minimum professional requirements of a Licensed Building Surveyor are given below :
(a) A Class I Licensed Building Surveyor shall have at least a Bachelors Degree in civil construction Engineering from a recognised University or an equivalent engineering qualification of a professional institution recognised by the Government and shall not have not less than five years’ experience in planning, design and execution of building works including sanitary and plumbing works related to buildings, or a diploma in Civil Engineering or Architecture from a recognised University or an equivalent engineering qualification of a professional institution recognised by the Government and shall have not less than ten years’ experience in planning, design and execution of building works including sanitary and plumbing works related to buildings. A Class I Surveyor is to be engaged for all classes o
(1) 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.
(2) 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.
(3) They shall comply with all requisitions received from the Municipal Commissioner in connection with the work under their charge promptly, expeditiously and fully. When they do not agree with such requisition, they shall state their objections in writing within the stipulated time, in default of which the plans and the notice shall be rejected.
(4) They shall immediately intimate to the ow
(1) They 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.
(2) They 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.
(3) They shall comply with all requisitions received from the Municipal Commissioner in connection with the work under his charge promptly expeditiously and fully. When they do not agree with such requisition, they shall state their objections in writing within the stipulated time, in default of which the plans and the notice shall be rejecte
(1) They 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 the rules.
(2) They shall prepare and submit all such reports, calculation in proper forms recommending the size, shape and type of foundation conforming to all relevant I.S. Codes and National Building Code of India.
(3) They shall be deemed to have continued their supervision unless they have given notice in writing to the Municipal Commissioner that they have ceased to serve as the Geo-Technical Engineer for the work and submit a status report of the work completed under their supervision. They shall be held responsible for the work executed upto the date of intimation.
(4) They shall inform the Muni
(1) To review and certify as complying with these rules the design prepared by Structural Engineer as may be required under these rules.
(2) To submit addendum to the certificate or a new certificate in case of subsequent changes in structural design.
(1) To appoint an Architect, Licensed Building Surveyor, a Structural Engineer, a Geo Technical Engineer and a Structural Reviewer as may be required under these rules.
(2) To provide safety of workers and others during excavation, construction and erection.
(3) To ensure that no undue inconvenience is caused, in course of the construction activities.
(4) To do observe and perform directions of the Municipal Commissioner issued from time to time and all terms and conditions of the Building Permit and the provisions of all laws rules and regulations relating to the building.
(5) To be responsible for non-compliance of instructions, details and specifications supplied by the Architect, Licensed Building Surveyor and the Structural Engineer during with
(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 and the West Bengal Town and Country (Planning and Development) Act, 1979 (West Bengal Act XIII of 1979) and the rules and regulations, if any made thereunder in relation to use of any land for erection of a new building or execution of any work.
(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 Commissioner shall determine the same and his decision shall be final.
No piece of land shall be, used as a site form erection, re-erection, addition to or alteration of any building - ’
(a) unless the Municipal Commissioner is satisfied on a Soil Investigation Report from a Geo-Mechanical Engineer, giving design parameter on the basis of the condition of the soil at site and accepted by the Structural Engineer, submitted by the person referred to in sub-rule (1) of rule 4 that the site is, from engineering point of View, fit to be built upon:
Provided that no such Soil Investigation Report shall be necessary in the case of a new building or addition to and alteration of an existing building not exceeding 10.0 m. in height:
Provided further that no such Soil Investigation Report shall be necessary for addition to alteration of’ existing buildings as permissible u
No building or verandah, balcony or projection of 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 provisions of the Electricity Act, 2003 and the rules framed thereunder is less than as specified below :-
Vertical Horizontal
Clearance Clearance
(a) Low and medium voltage lines 2.5m. 1.2 m
including service lines
(b) High Voltage lines upto and 3.7m 1.2m
including 11,000 volts
(c) High Voltage lines above 11,000 3.7m 2.0m
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(1) No new building shall be erected or added to on a site unless
(a) the site abuts on a street which is not less than nine metres in width at any part, or
(b) there is access to the site from any such street by a passage which is not less than nine metres in width at any part;
(c) in the case of a residential building with other occupancy or occupancies if any except educational occupancy, of less than 10% of the total floor area of the building, the width of such street or passage shall not be less than 2.4 m. at any part;
(d) in the case of a residential building with educational occupancy of 10% or more of the total floor area of the building, the width of such street or passage shall not be less than 7.00 m. at any part;
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(1) The Mayor-in-Council may, in consultation with the Municipal Building Committee with regard to different categories of streets as classified under section 346 or different occupancy or use groups as referred to under sub-section (2) of the section 390, specify from time to time the minimum widths and the corresponding maximum lengths of any passage in relation to the specified sizes of plots or heights of buildings or both.
(2) Every person who erects, re-erects, adds to or alters any building shall in a distinctive manner show the whole area of any means of access appertaining to a site on the site plan.
(3) Every means of access appertaining to a site shall be drained and lit to the satisfaction of the Municipal Commissioner and manhole covers or other drainage, water supply or other fittings laid in such means of access shall be f
(1) No building shall at any time be erected on any open space prescribed under these rules for a building and forming part of the site thereof nor shall such open space be taken into account in determining the area of any open space required under these rules for any other building.
(2) For the purpose of this rule, the back of a building shall be deemed to be that face of the building which is furthest from any means of access to the site:
Provided that, where a building is situated at the side of more than one street or passage, the back of the building shall be deemed to be that face of the building which is furthest from the widest of all such streets or passages:
Provided further that the Commissioner having regard to the conditions prevailing at the site and its surrounding may allow th
Height of building Front open Open space Open space Rear open
Space on side·1 on side-2 space
Upto 7.0 m 1.2m 1.2m 1.2m 2.0m
Above 7.0 m upto 10.0m 1.2 m 1.2m 1.2 m 3.0m
Above 1000 m upto 12.5m 1.2m 1.2m 1.5m 3.0m
Above 1205 m upto 15.5m 2.0m 1.5m 2.5m 4.0m
Above 1505 m upto 2000m 3.5m 4.0m 4.0m 5.0m
Above 20.0 m upto 25.5m 5.0m 5.0m 5.0m 6.5m
Above 25.5m upto 40.0m 6.0m 6.5m 6.5m 8.5m
Above 40.0 m upto 60.0m 8.0m 8.0m
Height of building Front open Open space Open space Rear open
space on side-1 on side-2 space
Upto 10.0 m for land area 2.0m 1.8m 4.0m 3.5m
upto 500.0 sq. m
Upto 10.0m for land area 3.5 m 3.5 m 4.0 m 4.0 m
above 500.0 sq. m
Above 10.0 m upto 15.5 m 3.5m 4.0m 4.0m 5.0m
Above 15.5 m upto 20.0 m 5.0m 5.0m 5.0m 6.0 m
Above 20.0 m 20% of the height 20% of the height 20% of the height 20% of the height
of building or 6 m, of building or 5 m, of building or 5 m, o
Height of building Front open Open space Open space Rear open
space on side·1 on side-2 space
Upto 10.0m for land area 2.0 m 1.2 m 4.0m 4.0m
upto 500.0 sq. m
Upto 10.0 m for land area 3.0 m 3.5 m 4.0 m 4.0m
above 500.0 sq. m
Above 10.0 m upto 20.0 m 4.0 m 4.0m 4.0m 5.0 m
Above 20.0 m upto 25.5 m 5.0m 5.0 m 5.0m 6.0 m
Above 25.5 m upto 40.0 m 6.0 m 6.5 m 6.5 m 9.0m
Above 40.0 m upto 60.0 m 8.0 m 9.0m 9.0 m 10.0 m
&nb
Height of building Front open Open space. Open space Rear open
space on side-1 on side-2 space
Upto 10.0 m 5.0m 4.0m 4.0m 4.5 m
Above 10.0 m upto 20.0 m 6.0m 6.5 m 6.5m 10.0 m
Above 20.0 m 20% of the height 20% of the height 20% of the height 20% of the height of of building or 6 m, of building or 6.5 m,
of building or 6.5 m, building or 10.0 m,
whichever is more whichever is more whichever is more
whichever is more
Subject to the provisions of rules - 63, 64, 65 and 66, joint open space shall be provided in between two buildings, if the height of one of such buildings exceeds 15.50 m. whether or not both buildings belong to the same owner, as follows:
(1) 7.00 m - if height of both the buildings exceeds 15.50 m;
(2) If one of the building exceeds 15.50 m. in height
(a) 5.00 m - if height of the other building is more than 12.5 m but less than 15.5 m.
(b) 4.00 m .- if height of the other building is more than 10.0 m but less than 12.5 m.
(c) 3.50 m - if height of the other building is more than 7.0 m but less than 10.0 m.
(d) 3.00 m - if height of the other building does n
(1) In case the whole of one side or part of at least two sides of every habitable room is not abutting the front, rear or side open spaces it shall abut an interior open space. Interior open space at ground level shall be called courtyard.
(2) Any room, which is separated only by a verandah from that interior open space, shall be deemed to abut on such interior open space for the purpose of this rule.
(3) The minimum dimension of any side of every interior open space (a) at ground level, all sides of which are enclosed by a building or part thereof, shall be 30% of the height of the building, or 3.0 m., whichever is more (b) at any other level, all sides of which are enclosed by a building or part thereof, the height shall be measured from the said level where interior open space is formed.
(
(a) 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 60 cm) shall be allowed to overhang or project over open spaces. Provided that such projections shall not be allowed at a height less than 2.5 m. over the ground level. Ducts for encasing pipe lines, pipe supports etc: will however be allowed from the ground level without creating obstruction to the movement of vehicles/fire tenders wherever applicable as per rule;
(b) Sewers and its appurtenances, under ground water reservoir, septic tank and ramp may be allowed to be constructed in the open spaces upto 60 cm above ground level provided that these do not obstruct vehicular movem
(1) The Floor Area Ratios shall be as specified in Table 3 below :-
Table 3
Maximum Permissible Floor Area Ratio
Use Groups of Buildings
SI. No. Width of Means Residential Educational Industrial, Assembly, Institutional
of Access (m) Buildings Buildings Storage and Business, Mercantile
Hazardous Buildings including
Buildings Mixed use Buildings.
1. Upto 2.4 Nil Nil Nil Nil
2. Above 2.4 to 3.5 1.25 Nil Nil Nil
3. Above 3.5 to 7.0
The Kolkata Municipal Corporation Building Rules, 2009, serve as a regulatory framework for building construction and modifications within the jurisdiction of Kolkata. Section R.69 specifically addresses the Floor Area Ratios (FAR), which are critical in determining the permissible built-up area on a given plot of land.
Section R.69 outlines the maximum permissible Floor Area Ratios for various types of buildings, as specified in a referenced table. It establishes guidelines for the calculation of built-up area in relation to the size of the plot and the width of the means of access.
The scope of Section R.69 encompasses all building activities within the municipal limits of Kolkata, ensuring that construction adheres to specified density and spatial regulations. It applies to residential, educational, industrial, and other types of buildings.
While the section itself does not specify penalties, non-compliance with the FAR regulations may lead to sanctions, including fines and potential demolition of unauthorized constructions.
(1) For any building the area of the plot to be covered by such building shall be as given in the Table 4 below :-
Table 4
Ground Coverage for Building
Occupancy or Use Group Maximum Percentage of Ground Coverage
Plot Size up to 200 sq. m. Plot Size up to 500 sq. m. or more
Residential 60% 50%
Educational 50% 45%
Institutional 40% 40%
Assembly 40% 40%
Mercantile (Retail) 40% 40%
Industrial
(1) Where any plan for the erection of a building on any plot or for addition for any existing building has been sanctioned taking into account the extent of open space on such plot as shown in the plan’ and the Floor Area Ratio allowable therefore under these rules and the whole of such open space or any part thereof has been transferred, then
(a) if the transfer takes place before the commencement of the erection of the building or the execution of the work of such addition or alteration, such erection or such addition or alteration shall not be undertaken until a fresh plan on the basis of the area of the open space after the transfer is submitted and sanctioned under these rules;
(b) if such transfer takes place during such erection or addition or alteration, the work of such erection or such addition or alteration shall not be proce
When one or more new plots of land are added to one or more premises by way of amalgamation or otherwise, the existing buildings on any such plots may be considered to be in accordance with these rules at the material time when the building/buildings was/were sanctioned are satisfied considering amalgamated plot to be one parcel of land. Addition and alteration to the sanctioned building or addition of a new building or new block on newly added land/lands may be permitted as per prevailing rules considering amalgamated land to be one parcel of land.
Notwithstanding anything contained in rules 62, 63, 64 and 65 if there are two adjacent plots or adjacent buildings belonging to the same owner, gangways between these two buildings may be permitted at any level subject to the condition that it does not obstruct movement of vehicles or fire vehicles, as the case may be, the minimum width of the gangway being not less than that of a stairway and not exceeding 3.00 m. at any place.
(1) The permissible height of the buildings on means of access of different widths shall be as given in Table 5 Next Page (here given below) :
Table 5
Permissible Height of Buildings
Width of Means of Permissible Height Permissible Height of Building (in m.)
Access (in m.) of Building (in m.) In case of free gifting of strip of land
having a width of 2.5 m. throughout the frontage of
the entire plot.
(i) above 2.4 upto 3.0 7.0 Nil
(ii) above 3.0 upto 5.0 10.0 12.5
(iii) above 5.0 upto 7.0 12.5
For any building to be erected, or re-erected in terms of clause (b) of sub-section (1) of section 390, or added to, in the vicinity of an aerodrome, or which may affect the functioning of any microwave system for telecommunication purposes, the height of such building shall, in accordance with the second proviso to sub-section (5) of section 391 be governed by such rules or directions as may be made or issued in this behalf by the Government of India.
The height of the following appurtenant structures shall not be included in calculating the height of a building :
(a) roof tanks and their support, the height of support not exceeding one metre
(b) ventilating, air-conditioning and similar service equipment
(c) chimneys
(d) parapet walls not exceeding one and a half metre in average height
(e) lift machine room as specified in the latest publication of National Building Code, and stair cover upto, a height of 3 m. from the roof level
(f) toilet at roof level upto a height of 3.0 m. subject to maximum floor area of 3.00 sq. m
(g) garden cover with permeable material
(1) No off-street parking space shall be less than (a) 12.5 sq. m. (2.5 m. in width and 5 m. in length), for a motor car, with a minimum head room of 2.2 m. if parked in a covered area, (b) 37.5 sq. m. (3.75 m. in width and 10 m. in length), for a truck and bus with a minimum head room of 4.75 m. 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 m. for cars and 5.00 m. for trucks exclusive of parking space referred to in sub-rule (1). However, a projection from a height above 5.50 m. from ’the ground level may be permitted keeping the mandatory open space open to sky as per this rule.
(3) The parking layout plan shall be so prepared that the parking space for each vehicle becomes directly accessible from driveway or circulation driveway or aisles. H
(1) The packing space requirements for motor cars in respect of different categories of buildings are given in Table 6 below :-
Table 6
Off-street Car Packing Space
SI. Occupancy Car Parking Space Requirement
No.
1. Residential (1) Building with single tenement
(a) For a building having one tenement of less
than 100 sq. m. in floor
area -- no car parking space;
(b) For a building having a tenement of
100 sq. m. or more but less than
&nb
The Kolkata Municipal Corporation Building Rules, 2009, were established to regulate building construction and ensure compliance with safety, environmental, and urban planning standards. Section R.78 specifically addresses the parking space requirements for motor vehicles in various categories of buildings.
Section R.78 outlines the mandatory parking space requirements for motor cars based on the type and category of buildings. It specifies the minimum number of parking spaces that must be provided to accommodate vehicles associated with the building's use.
The scope of Section R.78 extends to all new constructions and significant alterations to existing buildings within the jurisdiction of the Kolkata Municipal Corporation. It aims to ensure that adequate parking facilities are integrated into urban planning to mitigate traffic congestion and enhance public safety.
While the specific penalties for non-compliance with Section R.78 are not detailed in the provided sources, it is generally understood that failure to adhere to these requirements may result in sanctions, including the potential for demolition of unauthorized structures or fines.
In the case of any building other than a residential building, the Mayor-in-Council shall in consultation with the Municipal Building Committee, specify the requirements of parking, loading and unloading spaces for trucks, buses, ambulance vans or other types of transport vehicles as necessary in addition to the spaces required for motor cars.
The open spaces required under Chapter IX and driveway shall not be treated as parking space for the purpose of these rules. However, open car parking may be allowed on the mandatory open space, provided that a clear driveway of 6.00 m. width is maintained.
(1) The provisions of this Chapter shall, notwithstanding anything contained in any other provisions of these rules, but, subject to the provisions of the Act, apply in relation to more than one building on a plot:
Provided that a two storied service building upto a maximum floor area of 200 sq. m. in the same plot shall not be considered as more than one building for this purpose provided such building complies with the other provisions of these rules.
(2) 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.
(3) The width of such internal roads shall not be less than 4
(1) The provisions of this chapter shall, notwithstanding anything contained in any other provisions of these rules, apply in the case of an existing building.
(2) In this chapter, the expression "existing building" means any building which was erected before the date of coming into force of these rules in accordance with a building plan sanctioned by an authority competent to sanction such building plan under Bengal Municipal Act, 1932, Kolkata Municipal Act, 1951, Kolkata Municipal Corporation Act, 1980, or any other law for the time being in force and which does not comply with the provisions of rule 62, rule 63, rule 64, rule 65, rule 66 and rule 70 of these rules and(a) the buildings which are allowed to stand under section 400(1) of the Act, and (b) the buildings allowed to stand in refugee rehabilitation plots under section 413A of the Act.
&
Notwithstanding anything elsewhere contained in these rules, the provisions of this Chapter shall apply in respect of matters provided therein, in the case of buildings constructed by Governments, or any of the statutory bodies mentioned in clause (a) of sub-section (8) of section 171 under any Government approved scheme, for residential use of persons belonging to low income group or of industrial workers.
The minimum size of a plot shall not be less than 30 sq. m. and the maximum size of a plot shall not be more than 65 sq. m.
(1) No building shall be constructed on a plot if the width of the means of access to the site is less than 1 .2 m.
(2) No building exceeding 8.0. m. in height shall be allowed on a plot if the width of the means of access to the site is less than 3.5 m.
The maximum permissible ground coverage shall be 75% of the area of the plot.
The maximum height of the building shall not be more than 10m.
The minimum front open space for a building shall be 0.80 m.
The minimum rear open space for a building shall be 1.0 m.
The building may be of the row-housing type and the maximum length of the buildings in a row shall be 50 m. After every 50 m. of the length of the buildings in a row, there shall be an open space of not less than 2.5 m. in width for the entire depth of the building:
Provided that such open space shall not be necessary if there is a street or passage at such location, the minimum width of which is not less than 2.5 m.
The maximum floor area ratio shall be 1.75.
No parking space within the plot shall be necessary.
All other criteria will be followed as per other rules constituted these rules.
Notwithstanding anything elsewhere contained in these rules, the provisions of this Chapter shall apply in respect of matters provided therein, in the case of buildings constructed by small scale industries within an industrial estate approved by Government for residential use or as factory shed / buildings.
The minimum size of a plot shall be 200 sq. m.
No building shall be constructed on a plot if the width of the means of access to the site is less than 1 .2 m.
The maximum permissible ground coverage will be 50% for a plot size upto 500 sq. m. and 40% above 500 sq. m.
The maximum height of the building shall be 10 m.
The minimum front open space for a building shall be 2 m. for plot size upto 500 sq. m. and 4 m. above 500 sq. m.
The minimum rear open space for a building shall be 4.00 m.
The minimum side open space on the narrower side will be 1.5 m. and 4.00 m. on the other side.
The maximum floor area ratio shall be 1.5.
One car parking space for every 200 sq. m. of floor area or part thereof.
AII other Criteria shall be followed as per the provisions of other rules contained under these rules.
(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 in no case it shall be at a height less than 60 cm.
(2) Garage and parking space shall be raised at least 15 cm. above the level of the highest crest of the road of the nearest street and shall be satisfactorily drained.
(3) Every inner courtyard shall be raised at least 30 cm. above the level of the highest crest of the road of the nearest street and shall be satisfactorily drained. .
(1) No habitable room shall have a floor area of less than 6 sq. m.
(2) No habitable room shall have a width of less than 2.4 m.
(3) No habitable room shall have a height less than 2.90 m. measured from the surface of the floor to the lowest point of the ceiling or the underside of any slab.
(4) All rooms in any building irrespective of their use-group used for human habitation shall comply with sub-rules (1), (2), and (3).
(5) The area of a habitable room proposed under the provisions of Chapter XII of these rules shall not be less than 6 sq. m and height not less than 2.75m. 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
(1) No kitchen shall have a floor area of less than 4.5 sq.m. and width of less than 1.5 m. :
Provided that if any kitchen is to be used for eating purposes also, such floor area shall not be less than 9.5 sq. m. and the width shall not be less than 2.4 m.
(2) No kitchen shall have a height less than 2.5 m. 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 a pantry, an area meant for the washing of kitchen utensils which shall lead directly or through a sink to a grated and trapped connection to a waste pipe, (b) an impermeable floor, (c) a window not less than 1 sq. m. in the area open
(1) No pantry shall have a floor area of less than 3 sq. m. and width of less than 1.4 m.
(2) Every pantry shall have(a) a means of the washing of kitchen utensils, if not provided in the kitchen, which shall lead directly or through a sink to grated and trapped connection to any waste pipe, (b) an impermeable floor.
(1) No bathroom shall have a floor area of less than 1.8 sq. m., a width less than 1.2 m. and height less than 2.1 m. measured from the surface of a floor to the lowest point of the ceiling or the underside of any slab:
Provided that it is a combined bathroom and a water closet, such floor area shall not be less than 2.6 sq. m:
(2) No water closet shall have a floor area of less than 1.2 sq. m. and a width less than 1.0 m.
(3) Notwithstanding the provisions of sub-rule (1) or sub-rule (2), in the case of any building referred to in rule 84-
(a) an independent bathroom shall have a floor area of 1.45 sq. m., (b) a combined bathroom and water closet shall have a floor area of 2.4 sq. m., with a minimum width of 1.1 m.
(1) Lifts shall conform to the following provisions and the provisions of the latest edition of the National Building Code of India :
(i) at least one lift shall be provided in every building more than 12.5 m. in height
(ii) in the case of buildings more than 20 m. in height, and 1000 sq. m. of floor area for each floor at least two lifts shall be provided.
(iii) 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.
(2) Subject to the above, the number, type and capacity of lift shall satisfy the requirements af the 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 an inhabited room) provided that 100% of the area may be covered over any corridor.
(3) Maximum height between any loft and ceiling shall be 1 20 m. and the clear height below the loft shall not be less than 2.10 m.
(1) A ledge or land in 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 m. from floor level.
(3) The maximum width of any ledge or tand shall be 0.60 m.
(1) A mezzanine floor may be permitted to be used for any purpose provided the use conforms to the relevant rules.
(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 not to interfere under any circumstances with the ventilation of the space over and under it
(c) such mezzanine floor is not subdivided into smaller compartments
(d) such mezzanine floor or any part of it shall not be used as a kitchen, and
(e) in no case a mezzanine floor shall be subdivided so as to make it liable to be converted into inventilated compartments.
One service floor having maximum clear height of 1800 mm. may be allowed between any two floors for plumbing, electrical and other utility services in case of buildings other than for residential use.
No store room in any residential building shall have a floor area less than 1.5 sq. m. and a height less than 2.1 m.
(1) No garage shall be less than 2.5 m. x 5 m.
(2) The minimum head room in a garage shall be 2.1 m. 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 basis of the number of vehicles in accordance with the provisions of Chapter XI.
(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 pires of adequate size, wherever required, 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 Municipal Commissioner 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 in any other approved manner and/or rain water harvesting system in conformity with rule 144.
(3) Rain-water pipes shall be affixed to the outside of the walls or through pipe shaft of the building or in recesses or chases cut or formed i
(1) Subject to provisions of the West Bengal Town and Country (Planning and Development) Act, 1979 a basement may be constructed under any building subject to conformity with the relevant rules.
(2) A basement may be put to any of the following uses
(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 storage space for household or other goods of non-flammable nature
(d) as a strong room or as a bank cellar
(e) as a dark room
(f) as a stack room in any library
(g) for the purpos
(1) Any chimney shall conform to the requirements of the latest version of IS : 1645-1960 Code of Practice for the fire safety of buildings (general): chimneys, flues, flue pipes and hearths.
(2) Any chimney shall be built at least 0.9 m, above any roof:
Provided that the top of any chimney shall not be below the top of any adjacent wall and in the case of a sloping roof, the top of the chimney shall not be less than 0.6 m. above the ridge of the roof in which the chimney penetrates.
A parapet and guardrails shall be provided on the edge of any roof terrace or balcony and it shall not be more than 1.5 m. in height on avarage.
(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, fans and lights, opening directly to the external wall 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 on Building Services of the latest edition of the National Building Code of India:
Provided that in no case, the minimum aggregate area of the openings of habitable rooms and kitchen, excluding doors, shall not be less than one-tenth of the floor area.
(3) For ventilation of any room, including a bathroom or water clo
In this chapter, unless the context otherwise requires -
(a) "exit" means passage, channel or means of egress from any place of occupancy in a building to a place of safety through an escape route which includes a room exit, protected corridor, lobby, enclosed staircase or ramp leading to a final exit
(b) "final exit" means an exit from a building to an open place at ground level
(c) "travel distance" means the distance to be travelled from any point in a building to either vertical or horizontal escape route, or external escape route, or final exit.
Every building for residential uses of fifteen and a half metres and above in height, and 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 requirement shall apply to all exits:
(a) exit may be both horizontal and vertical and shall be free from any obstruction
(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 exit shall be clearly marked
(d) all exits shall be properly illuminated
(e) fire fighting equipments 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 instal
(1) Exits shall be so located that the travel distance shall not exceed (a) 22.5 m., in the case of a residential building or an educational building or an institutional building, (b) 30 m., 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 the requirements for that floor and occupancy, the travel distance in sub-rule (1) may be increased by 50 per cent, of the distance preserved in clause (a) and (b) of sub-rule (1) of this rule.
(3) The travel 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 which case it shall not exceed 6 m.
&n
AII buildings referred to in rule 123 shall be provided with such number of staircases as the Municipal Commissioner may require. Under no circumstances, the number of staircases shall be less than two in the case of a building of more than twenty metres in height and one of them being on the external face of the building and shall be enclosed type as per requirement of West Bengal Fire Services Act, 1950. In case the staircase or staircases are not facing external surface of the building or not having ventilation shaft, mechanical ventilation shall be provided, if required.
The following provisions for minimum width shall be made :-
Table 8A
Category of Height of the Width of the No. of
Building Building, (Mtrs.) Stairway (Mtrs.) Staircase
Above 7.00 1.00 1
Above 7.00 and Upto 10.00 1.20 1
Above 10.0.0 and Upto 12.50 1.35 1
Residential Above 12.50 and Upto 15.50 1.35 1
Above 15.50 and Upto 20.00 1.25 2
Above 20.00 and Upto 25.50 1.25 2
Residential Above 25.50 and Upto 40.00 1.25
In respect of matters relating to the fire prevention and fire protection, for which provisions have not been made in this chapter, the provisions of the latest edition of the National Building Code and latest edition of the National Electrical Code and B.I.S. Code shall apply.
No permission for the erection, addition to or alteration of, any building other than a residential building of less than fifteen and a half metres in height or a building with basement shall be granted unless the Municipal Commissioner in consultation with the Director of Fire Services of the Government of West Bengal or any officer specially empowered by the Director for this purpose is satisfied about the provisions of means of exits and about the arrangements for protection against fire proposed for the building in terms of West Bengal Fire Services Act, 1950, read with West Bengal Fire Services Fire Prevention and Fire Safety Rule 1996.
Where on the basis of the report of the Director of Fire Services or any other officer specially empowered by him the Municipal Commissioner is of the 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 or any other officer specially empowered by him or otherwise. suo moto, determine.
Notwithstanding anything contained in these rules any 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) Any building with floor area 5,000 sq. m or more should have an electrical power distribution drawing with anticipated load demand. The electricity drawing must be approved by an Electrical Engineer or an Energy Manager or a certified Energy Auditor or a person duly qualified by the appropriate authority and holding a supervisory license. The electrical drawing must be submitted along with the building plan.
(2) In respect of any building having total floor area’ of 20,000 sq. m. or more and used for commercial purpose and where the connected load is expected to be 500 KW or more, a certified Energy Auditor should approve the electrical power distribution plan of the building. For erection and commissioning job of the electrical plants and equipments of such buildings, a certified Energy Auditor should supervise the job and will have to finally give "Completion Certificate of E
(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 or Bureau of Indian Standards (BIS).
(2) For earthquake protection a Structural Engineer shall design the structure taking into consideration the Indian Standard Codes as given below:
(i) IS: 1893 - 2002 : "Criteria for Earthquake Resistant Design of Structures (Fifth Revision},"
(ii) IS: 13920 - 1993 : "Ductile Detailing of Reinforced Concrete structures subjected to Seismic Forces Code of Practice,"
(iii) IS: 4326-1993 : "Earthquake Resistant Design and Construction of Buildings - Code of Practice (Second Revision)
All materials and workmanship shall be of good quality conforming generally to the accepted standards of the Public Works Departments of the Government of West Bengal or Indian Standard Specifications as included in Part V Building Materials and Part VII on Construction Practices and Safety, of the latest edition of the National Building Code of India.
The Municipal Commissioner may approve any alternative materials 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, method of design or works 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 Municipal Commissioner may require tests to be made sufficiently in advance as proof of compliance and such tests be made at the expenses of the owner and in such manner as the Municipal Commissioner may direct.
(1) The planning, design and installation of electrical fittings, air-conditioning and heating work, installation of lifts and escalators shall be carried out in accordance with the provisions of Electrical Installation, 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 the building services the provisions of the latest edition of National Building Code shall apply.
(2) The number or 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 thirteen and a half metres in height shall conform to the provisions of the latest edition of National Electrical Code.
(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 and plumbing services of the latest edition of National Building Code of India.
(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 always be kept above the higher level of the stored water surface.
(3) All other requirements regarding plumbing services, not specifically mentioned in this rule shall conform to the provisions of the latest edition of National Building Code of India.
(4) The depth of the underground water reservoir/septic tank/
(1) The construction of advertising signs and outdoor display structures shall be in accordance with the provisions regarding Signs and Outdoor Display Structures in 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 Corporation and the street name so as to be conveniently visible from any street.
(1) Subject to the provisions of sub-rule (2) with effect from the date of coming into the force of these rules, the rules as to the use of building sites and the execution of building work continuing to remain in force by virtue of the provisions of the clause (f) of sub section (2) of section 635 shall cease to continue to remain in force.
(2) Any application for sanction of any plan to erect a building submitted on or before the date on which the new rule would come into force in accordance with the provision of these rules and lying pending for sanction on that date shall not be rejected on the ground of the coming into force of these rules during the pendency of such application and every such application shall be considered in accordance with the provisions of the former rules.
(3) Notwithstanding such cesser, every building plan s
If any difficulty or hardship arises in giving effect to any of the provisions of these rules, the Mayor-in-Council may, as occasion may require, by order, do or cause to be done anything or take such measure as may be necessary for removing the difficulty or hardship, on the basis of a set 0f guidelines to be framed hereafter by the Municipal Building Committee, as further recommended by the Corporation and approved by the State Government.
(1) The following relaxations of these rules will be available for construction of building in place and stead of existing buildings after demolition thereof :
(a) FAR: Additional FAR to the tune of 50% of the area presently occupied by the tenants(s) will be allowed over and above the FAR being presently utilized in the existing structure/Premises;
(b) Height: Normally the height of the re-erected building shall not be allowed to be more than 15.5 m unless the applicant is otherwise so entitled. However, this restriction on height may be relaxed as per the Act provided the proposal for re-erection complies with fire laws and provided further that additional car parking space as may be recommended by Municipal Building Committee is made available
(c) Car Parking Space: At least 50% of the gro
For all buildings older than 40 years, the owner of the building shall have to get the building inspected by a Structural Engineer within a year from the date of coming into force of these rules or within a year of the building becoming more than 40 years old if the building is not more than 40 years old at the time of commencement of these rules.
The structural inspection report shall be furnished, by the owner to the Municipal Commissioner or to such officer and within such time as he may direct in this behalf, by public notice. Such report shall be valid for such period as may be fixed by the Municipal Commissioner and fresh report shall have to be obtained on its expiry. If any action for ensuring the structural safety and stability of the building is to be taken, as recommended by such Structural Engineer, the same shall be completed within such period as may be specified by h
(1) Rain Water Harvesting (RWH) : RWH system shall form a part of the building and shall have to be included in the plan, either for direct use of the rain water or for ground water recharging or both, in case of-
(i) new building or buildings or any housing complex as per Environmental Impact Assessment Guideline issued by the State Government/Government of India;
(ii) expansion of any existing building or buildings or housing complex, as per Environmental Impact Assessment Guidelines Issued by the State Government/Govt. of India.
This system shall comply with Central and State statutory requirements laid down in the relevant Acts and bye-Laws.
(2) Tree Cover: Provision for tree cover should be included in the plan for building sites-
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Waste water recycling system shall be incorporated in all buildings including group housing as per Environmental Impact Assessment Guidelines Issued by the State Government/Government of India.
Notwithstanding anything contained elsewhere in these rules, there shall be provisions in all building plans of public utility buildings for disabled friendly devices like ramps with railing, toilet and drinking water facilities. Braille or auditory signals shall be provided in all lifts in accordance with the provisions of signage guideline laid down in National Building Code.
Provision for use of solar energy in the form of solar heater and/or solar photo cells shall be included in building plans in case of any new building whose height is to exceed 15.5 m or expansion of any existing building if its height is to exceed 15.5 m.
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