Execution of Work



EXECUTION OF WORK (CHAPTER IV)

22.  Notice of commencement 

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.  
 

23.  Documents at site  

(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 before the Municipal Commissioner when so required by him;  

24.  Notice for completion of work up to plinth level  
 

1) After the completion of the structural work up to the plinth level or up to one 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.  

25.  Notice for covering up drains, etc.  

(1) Before proceeding to cover up drains or appliances connected with the drainage, the applicant shall give a notice to the 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.  

26.  Deviation during execution of works  

(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 with the execution of such work, subject to the condition that such deviations shall be incorporated in the 'Completion Plan' under sub-rule (2) of rule 27;  

(b) if during the erection or execution of the work, any external deviation beyond the sanctioned covered space is intended to be made and which does not violate the provisions of the Act or these rules, the person referred to in sub-rule (1) of rule 4, shall prior to carrying out such erection or execution of works, submit in accordance with the   provisions of these rules, a revised plan incorporating the deviation intended to be carried out, for obtaining necessary sanction.   

(3) If no notice is served under clause (a) of sub-rule (2), or the work of erection or execution is undertaken without the sanction referred to in clause (b), such erection or execution of work shall be deemed to be in contravention of the provisions of the Act and these rules and shall be dealt with accordingly.  

27.   Notice of completion  

(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.  
 

(3) The notice shall be accompanied by a structural stability certificate duly signed by an Structural Engineer and  Architect/ Licensed Building Surveyor, as the case may be, and wherever applicable shall be accompanied by -  (a) in the case of a building having more than three separate and independent residential units or apartments and all buildings other than residential buildings, a certificate from the Licensed Building Surveyor/Architect that internal house drainage and water supply network have been completed to the satisfaction of the Municipal Commissioner;.  

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

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

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

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

28.  Completion Certificate  

(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 erection 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 of such provisional sanction  

(3) After due verification, one set of the building plan as submitted under rule 27 shall be returned to the applicant with the endorsement “Approved Completion Plan”, under the signature of the Municipal Commissioner.  

(4) In case where the Completion Certificate is refused, the Municipal Commissioner shall communicate the reasons thereof in writing to the applicant within a reasonable time of inspection under sub rule (1) above.  

(5) In case where in the opinion of the Municipal Commissioner the building or the work has not been completed in accordance with the completion plan he may take necessary action in accordance with the provisions of the Act and rules.  

(6) The Municipal Commissioner shall not permit connections to be made to municipal water mains and municipal drains from any new building in respect of which Completion Certificate has not been issued.  
 Provided that the Municipal Commissioner may permit connections to be made in respect of a building where Partial Completion Certificate or Block wise Completion Certificate has been issued as per provision of rules 29 and 30.  Provided further that the Municipal Commissioner may order disconnection of such connections if he is of the opinion that the conditions of the Partial Completion Certificate or Block wise Completion Certificate are being violated or if further erection of the building or execution of the work is proceeding contrary to the sanctioned plans.  


29. Partial Completion Certificate  

(1) Upon a written request made to the Municipal Commissioner for issuance of 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 as applicable,  

(b) structural stability certificate for the portion of the building which is stated to be complete.

 (c) an indemnity bond/ undertaking to indemnify the Corporation against any risk, danger or damage to any person, whether an occupier or not, and an undertaking to ensure, in such manner as the Municipal Commissioner may specify, public safety.  

(d) an undertaking that no person shall occupy or shall be allowed to occupy  any  portion of the building   for which Completion Certificate has not been issued.  

(e) an undertaking that in the event of violation of the terms of the Partial Completion Certificate, the Corporation shall be entitled to disconnect municipal water mains and municipal drains for the entire building without any notice.  

(f) any other documents or undertakings that the Municipal  Commissioner  may deem necessary.  

(3) When the erection of the building or the execution of the work is completed within the period or extended period provided for in section 399, the applicant shall apply for conversion of the Partial Completion Certificate or issue of a Completion Certificate and such certificate may be issued in accordance with the provisions of these rules.  

30.  Block wise Completion Certificate for building proposal containing more than one building on a plot  

(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.  

(b) structure stability certificate for the particular block of building which is stated to be complete.  

(c) an indemnity bond/undertaking to indemnify the Corporation against any risk, danger or damage to any person, whether an occupier or not, and an undertaking to ensure, in such manner as the Municipal Commissioner may specify, public safety,  

(d) an undertaking that no person shall occupy or shall be allowed to occupy any other block of building or any portion for which completion certificate has not been issued.  

(e) an undertaking that in the event of violation of the terms of the Block wise Completion Certificate, the Corporation shall be entitled to disconnect water mains and municipal drains for the entire block and other buildings in the plot without any notice. 

(f) any other documents or  undertakings  that the Municipal Commissioner may deem necessary.  

(3) The applicant shall however, within the validity period of the sanction, apply for and obtain full completion certificate for the rest of the blocks of buildings.  

31.  Delay in issue of Completion Certificate  

(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.  

32.  Prohibition for use of building without Completion Certificate  
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.  

33.  Work subsequent to issue of Completion Certificate  

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.  

34. Prohibition of work at night  

(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.  

35. Inspection  

(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.  

36. Transmission of approved completion plans  

(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.

MUNICIPAL BUILDING COMMITTEE (CHAPTER V)

37. Constitution of Municipal Building Committee 

(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 of Municipal Affairs, Government of West Bengal (or his nominee),  

(f) One shall be an architect of repute to be selected in consultation with the Council of Architecture constituted under Section 3 of the Architects Act 1972 (20 of 1972),  

(g) One shall be a Town Planner of repute to be selected in consultation with the Institute of Town Planners of India and  

(h) One shall be a nominee of the Department of Environment, Government of West Bengal.   

(3) A member nominated to the Committee shall hold office till an order withdrawing his nomination or for nomination of a successor is  received  by   the   Municipal Commissioner from the relevant authority.  

(4) No act or proceeding of the Committee shall be called into question on the ground of the existence of any vacancy in, or any defect in the constitution of the Committee.  

(5) The Committee may co opt one person as provided in sub section (3) of section 391. 

38. Functions of the Municipal Building Committee 

(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 reerected on a plot of five hundred sq. m. 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 including on security measure to be adopted for safety and security.  

(4) The Municipal Commissioner shall as soon as possible communicate to the Committee for its information the decision of the Mayor-in-Council on any of the Committee's recommendations.  

(5) The aesthetic quality of urban and environmental designs of structures with respect to every application being scrutinized by it, shall be considered by the Committee, as contained in rule 14, before making its recommendation to the Mayor–in–Council.  

39. Recommendations of the Municipal Building Committee  
 

(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 391 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 recommendations.  

(4) The Municipal Commissioner shall communicate the decision of the Mayor-in-Council to the applicant within 7 (seven) days from the date of resolution of the Mayor-in-Council.

BUILDING PERMIT FEE AND OTHER FEES  (CHAPTER V)

40. Validity of Notice 

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. 

41. Schedule of rates for Building Permit Fee

(1)   The Corporation shall in accordance with the provisions of sub-section (3) of section 131 state the schedule of rates at which Building Permit Fee and 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

42. Calculation of the Building Permit Fees 

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.

43. Other Fees  

(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 or 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.  

44. Stacking Fees 

(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 case of violations of the provision of sub-rule (14) of rule 4, Stacking Fees at a rate not less than twice the rate specified under sub-rule (1) shall be payable within a period of one month from the date of service of notice by the Municipal Commissioner under this sub-rule.

ARCHITECTS AND LICENSED BUILDING SURVEYORS AND OTHER  AUTHORISED TECHNICAL PERSONNEL  (CHAPTER VII)

45 Validity of applications containing plans, specifications and notices  
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 or rule 25, or no other notice in respect of which it is so stipulated, shall be valid unless it is signed by an Architect and/or Licensed Building Surveyor and Structural Engineer, Geo Technical Engineer and Structural Reviewer as required hereunder.  
 

46.  Property owned by Government  
In case of building plans in respect of property owned by Central or State Government or any other owned or 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(b) may not be insisted upon;    Provided that the minimum qualification of such Engineer and/or Architect is as prescribed in these rules.  

 

47.   Engagement of Technical Personnel  
(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, Geo Technical Engineer and Structural Reviewer for planning, designing and construction of the  building including the foundation.    Provided that such Licensed Building Surveyor, Architect, Structural Engineer, GeoTechnical Engineer and Structural Reviewer will work in association with one another and will be jointly and/or severally responsible for all acts and/or omission in connection with their duties and responsibilities for ensuring the safety of structure and other obligations herein contained.  

(2) In case of death, resignation or removal of an Architect, a Structural Engineer, a GeoTechnical Engineer, a Licensed Building Surveyor or Structural Reviewer, as the case may be, as engaged under this rule, a fresh engagement shall be made forthwith and shall be notified to the Municipal Commissioner with reference to the notice given under section 393 or section 394. No work shall be carried out in the intervening period.  

(3) The validity of any engagement made under this rule shall lapse in the case of an Architect, with the lapse of validity of registration granted under the Architects Act, 1972 or in the case of a Structural Engineer and a Geo-Technical Engineer with the lapse of his empanelment with the Corporation or, in the case of a Licensed Building Surveyor with the lapse of the validity of license given under the provisions of section 414 and these rules, as the case may be.  

(4) A Structural Engineer and a Geo-Technical Engineer shall be empanelled in the manner as may be specified by the Municipal Commissioner and validity of their engagement shall similarly lapse with the lapse of their empanelment.  

48. Association of Engineers with Architect/Licensed Building Surveyor  
An Architect/Licensed 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 more than 15.5 m and upto 25.5 m, shall associate in work an empanelled Structural Engineer (Class II) having a post graduate degree in structural engineering from a recognized University or an equivalent engineering qualification / membership recognized by the Government, with at least three 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 five years’ experience in structural design and execution of different classes of buildings;   

49. Association of Geo-Technical Engineers / Licensed Building Surveyor/ Structural Engineers  
An Architect/Licensed Building Structural/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 / 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 more than 12.5 m and upto an height of 20.00 m., shall associate in 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 Government, with at least 3 years’ relevant experience in soil exploration, investigation and recommendation of types of foundation and execution of such work. 

50. Licensed Building Surveyor  
 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 of buildings not exceeding 15.5 m in height.  

(b) A Class II Licensed Building Surveyor shall have at least 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 five years' experience in planning, design and execution of building -works including sanitary and plumbing works related to buildings. A Class II Surveyor is to be employed for all classes of buildings not exceeding 10.0 m in height  

51. Duties and responsibilities of Architects and Licensed Building Surveyors  

(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 owners of the corrections or other changes they make on the plans, documents and details as per requisition from the Municipal Commissioner.  

(5) They shall not accept any employment for preparation and submission of plans, if the same is intended to be executed in contravention of the provisions of the Act.  

(6) They shall give all facilities to the Municipal Commissioner to inspect and examine the work in progress.  

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

(8) They should not deviate or allow any deviation from the sanctioned plan in the   execution of work at site except in accordance with the provisions of rule 26.  
 
(9)  They shall submit the completion certificate and completion plan immediately after the work is completed.  

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

(11) The Municipal Commissioner shall exercise control over the action of any Architect or Licensed Building Surveyor, as the case may be, and may in the case of violation of any of the provisions of the Act and these rules -  (i) in the case of a Licensed Building Surveyor, suspend or revoke the licence in accordance with the provisions of the sub-section (3) of section 543; and  

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

52. Duties and Responsibilities of Structural Engineers  

(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 rejected.  

(4)  They shall immediately intimate to the applicant of the corrections or other changes, they make on the structural plans, documents and details as per requisition from the Municipal Commissioner.  

(5) They shall not accept any request or engagement for preparation and submission of structural plans, if the same are found to be in contravention of the provisions of the Act.  

(6) They shall be responsible for full quality control of materials and workmanship at site in connection with the structures and carry out necessary tests on materials used at site, conducted by recognized institutions/ organization. No completion certificate will be issued unless copies of such test reports are submitted by the Structural Engineer along with the structural stability certificate of the building/s.  

(7) They shall give all facilities to Municipal Commissioner to inspect the work in progress.

(8) They shall not deviate or allow any deviation from the submitted structural plan in the execution of work at site.  

(9) They shall work in association with other technical personnel and shall be jointly and severally responsible for any work executed on site in contravention of the provisions of the Act, these rules or other relevant rules and regulations.  

(10) They shall submit a certificate that the structures have been constructed as per submitted structural plans and the building is safe for occupation along with the application for completion certificate after the completion of the building.  

(11) 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 Structural 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 up to the date of such intimation.  

(12) They shall inform the Municipal Commissioner as to the person who had engaged him under rule 48 forthwith.  
 

53.  Duties and Responsibilities of Geo-Technical Engineers  

(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 Municipal Commissioner as to the person who had engaged them under rule 48 forthwith.   

(5) 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.  

54. Duties and Responsibilities of Structural Reviewer  

(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.  

55. Duties and Responsibilities of Owner/Applicant  

(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 to others.  

(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 the construction of the building.  

(6) Not to do or cause or allow any deviation from the sanctioned plan in the course of execution of the building, against the instruction of Architect/ Licensed Building Surveyor and Structural Engineer.   

REQUIREMENTS AS TO SITES AND MEANS OF ACCESS (CHAPTER VIII)

56. Prohibition for use of site for building 

(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.  

57. Conditions as to use of a building site  
No piece of land shall be used as a site for the erection, re-erection, addition to or alteration of, any building -  

a) unless the Municipal Commissioner is satisfied on a Soil Investigation Report from a GeoTechnical 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 under Chapter XII of this rule but upto the height of 10.00 m. only. Provided also that soil investigation, whenever required, shall be done under the direction of a Geo-Technical Engineer;  

(b)   if the building to be erected is intended for human habitation, unless the Municipal Commissioner is satisfied that it is capable of being well-drained and that the owner will take necessary steps to drain it;  

(c)  if the frontage of the site abutting the road  is less than five m. unless the Municipal Commissioner is satisfied that the site can, subject to the fulfillment of other conditions specified in these rules, be used for construction of a building.Provided that if the frontage of the site abutting the road is more than 3.5 m but less than 5.0 m Municipal Commissioner may sanction building of height of 12.5 m with FAR one grade higher than the width of frontage / passage as specified in table 3 under rule 70. Provided further that FAR shall not exceed the permissible limit of the abutting road abutting the premises.   

(d) if under sections 364 and 365 laying down and making of street or streets giving access to the site is necessary, unless the street or streets giving such accesses has or have been laid down,  
 
(e) if in accordance with the provisions of clause (f) of sub-section (2) of section 396 and clause (f) of sub-rule (1) of rule 16, the site of the building or execution of work does not abut on a street or projected street and there is no access to such building or work from any such street by any passage appertaining to such site;  

(f) if in the opinion of the Municipal Commissioner it would be unsafe to construct a building on it for reasons to be recorded in writing.  

58.  Distance from electric lines 
No building or verandah, balcony or projection of any building, shall be permitted to be erected, re-elected, 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 Clearance  Horizontal Clearance 
(a)  Low    and    medium    voltage    lines including service lines        2.5 m.  1.2m
(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 upto 33,000 volts  3.7 m
 
2.0 m 
(d) For extra high voltage line beyond 33,000 volts 

3.7m plus 0.3m for every

additional 33,000 volts or parts thereof 

2.0 m plus 0.3m for every additional 33,000 volts or parts thereof

Note: "m" indicates metre(s) 

59. Prohibitions concerning means of access  

(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 m. 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 m. 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;  

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

(f) in the case of an educational building with other occupancy or occupancies not being residential if any, of less than 10% of the total floor area of the building, the width of such street or passage shall not be less than 9.0 m. at any part;    However, in case the width of means of access is more than 7 m. but less than 9.0 m. an educational building of not more than 600 sq. m. of total floor area may be permitted.  

(g)  In case of institutional building of total floor area not more than 1000 sq. m. with other occupancies of less than 10% of total floor area the width of such street or passage shall not be less than 7 m. at any part.  

(2) Notwithstanding anything contained in the proviso to sub-rule (1), the Mayor-in- Council may allow any residential building up to a maximum height of 7 m. and FAR of 0.8 on a plot abutting a means of access of not less than 1.2 m. of width at any part.   Provided that in case of a residential building only, a street/passage the width of which is less than 3. 5 m. but not less than 1.2 m. may be considered provided that the width of all such streets or passages, on the front, sides or rear be increased to make the width of the said passage/ streets 1.75 m. from the center line of the passage/road by gifting the required portion of land in front by registered document to the Corporation or by relinquishing the required portion of land on the sides or the rear by the applicant. However, advantage of FAR and Ground Coverage for such gifted/ relinquished portion of land in front or relinquished land, shall however be considered, in general.  
 Provided further that if the gifting of the proposed strip of land or relinquishing is not practicable for widening of street/passage, the FAR shall be reduced by 20% of the value as shown in table 3 of rule 70.    

(3) Notwithstanding anything contained in the proviso to sub-rule (1) the Mayor-in-Council may, in the case of a plot which is 1,000 sq. m. or less, intended for the erection or re-erection of a building to be used as an educational building or a place of worship, reduce, by resolution, the requirements of the said proviso:  
(a) as to the width of such street, or  

(b) as to the width or length of such passage, to such extent as it may deem fit, so, however, that the width of such street or passage shall in no case be less than 1.2 m.  

(4) Every new building shall have a means of access as required under these rules and in the case of re-erection, addition to or alteration of an existing building or otherwise the existing means of access shall not be reduced below the levels required under these rules.  

(5) No buildings shall be erected, re-erected, added to or altered to deprive any other building of the means of access as required under these rules.  

(6) Notwithstanding the provisions of these rules, in the case of any building which is intended to be erected at the comers of two streets, the Municipal Commissioner may, in accordance with the provisions of clause (c) of sub-section (1) of section 405, place special conditions concerning exit or entry from any street.  

(7) Any building which is in full or part is put to assembly occupancy for the purpose of theatre, motion picture, city hall, dance hall, skating ring, auditorium, exhibition hall or for similar other purposes viz schools and colleges shall not be allowed on a plot located within 50 m. of junction of two streets the width of each of which is 15 m. or more.    
 

60. Requirements of a passage   

(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 flushed with the finished surface so as not to obstruct safe travel over the same.   

OPEN SPACES (CHAPTER IX )

61.Open space prescribed for one site not to be taken for another site

(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 hack 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 the prayer to treat some other face as the back of the building.  

(3) Every building shall have exterior open spaces comprising front open space, rear open space and side open space as mentioned in rule 63 to rule 69. 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. These provisions shall also be applicable to each individual building when a plot of land contains more than one building, provided that the rear open space for this purpose is to be taken as the average width available along the entire rear face of the building with the minimum width available being not less than 50% of the stipulated width.  

(4) Every open space required to be provided under these rules shall be kept open to sky and no roof, weather shed or cornice more than 0.6 m. in width shall overhang or project over the said open space.  

 62.  Minimum open spaces with respect to buildings for residential use 

 

Height of  building 

 

Front open  space

 

Open space on  side-l 

 

Open space on  side-2 

 

Rear open space 

Upto7.0 m  1.2 m  1.2 m  1.2m  2.0 m 
Above 7.0 m upto 10.0 m  1.2m  1.2m  1.2m  3.0 m 
Above 10.0 m upto 12.5  m  1.2 m  1.2m  1.5 m  3.0 m 
Above 12.5 m upto 15.5 m  2.0 m  1.5 m  2.5 m  4.0 m 
Above 15.5 m upto 20.0 m  3.5 m  4.0 m  4.0 m  5.0 m 
Above 20.0 m upto 25.5 m  5.0 m  5.0 m  5.0 m  6.5 m 
Above 25.5 m upto 40.0 m  6.0 m  6.5 m  6.5 m  8.5 m 
Above 40.0 m upto 60.0 m  8.0 m  8.0 m  8.0 m  10.0 m 

 

Above 60.0 m upto 80.0 

10.0 m  15% of the height of the Building 

 15% of the height of the Building 

12.0 m 

 

Above 80.0 m

12.0 m  15% of the height of the Building  15% of the height of the Building 14.0 m 

63.  Minimum open spaces with respect to buildings for educational use 

Height of  building  Front open  space  Open space on  side-l  Open space on  side-2  Rear open space 
Upto 10.0 m  for land area upto 500.0 sq. m  2.0m  1.8 m  4.0 m  3.5 m 
Upto 10.0 m for land area above 500.0 sq. m  3.5 m  3.5 m  4.0 m 4.0 m
Above 10.0 m upto 15.5  m  3.5 m  4.0 m 4.0 m 5.0 m 
Above 15.5 m upto 20.0 m  5.0 m  5.0 m  5.0 m  6.0 m 

 

Above 20.0 m 

20% of the height of building

or 6 m, whichever is more 

20% of the height of building

or 5 m, whichever is more 

20% of the height of building

or 5m, whichever is more 

20% of the height of building

or 8 m, whichever is more   

64. Minimum open spaces with respect to buildings for institutional, assembly, business, mercantile and mixed uses 

 

Height of  building 

Front open  space Open space on  side-l  Open space on  side-2  Rear open space 
Upto10.0 m  for land area upto 500.0 sq. m  2.0 m  1.2 m  4.0 m  4.0 m 
Upto10.0 m for land area above 500.0 sq. m  3.0 m  3.5 m  4.0  m 4.0  m
Above 10.0 m upto 20.0 M 4.0  m  4.0  m  4.0  m  5.0 m 
Above 20.0 m upto 25.5 m  5.0 m 5.0 m 5.0 m 6.0 m 
Above 25.5 m upto 40.0 m  6.0 m  6.5 m  6.5 m  9.0 m 
Above 40.0 m 8.0 m  9.0 m  9.0 m  10.0 m
Above 60.0 m upto 80.0 m  10.0 m

 

15% of the height of the Building 

15% of the height of the Building  12.0 m 

 

Above 80.0 m 

12.0 m  15% of the height of the Building  15% of the height of the Building  14.0 m 

65.  Minimum open spaces with respect to industrial and storage buildings 

Height of  building  Front open  space  Open space on  side-l  Open space on  side-2  Rear open space 
Upto10.0 m  5.0 m  4.0  m  4.0 m  4.5 m 
Above 10.0 m upto 20.0  m  6.0 m  6.5 m  6.5 m  10.0 m

 

Above 20.0 m 

20% of the height of building

or 6m, whichever is more 

20% of the height of building

or 6.5m, whichever is more 

20% of the height of building

or 6.5m, whichever is more 

20% of the height of building

or 10.0m, whichever is more 

 

66. Joint Open Space  

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 7.0m but less than 10.0 m.  

d) 3.00 m -if height of the other building does not exceed 7.0 m.  

(3) The above rule of joint open space shall not be applicable in case the adjoining structure is not exceeding 5.0 m. in height.  

(4) In case of multiple blocks of buildings connected with each other, the open spaces between the two blocks will have to be 40% of the height of the lower block or 7.0 m. whichever is more.   67. Interior open space  

(I) 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 25% 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.  

(4) Notwithstanding anything contained in sub-rule (3), if all sides of an interior open space are enclosed by a combination of higher and lower blocks of a building, the minimum dimension of such interior open space shall be governed by the height of lower block. Provided that in no case the covered area of such lower block shall be less than 20% of the total covered area of the concerned building constituting the interior open space.  

(5) For the purpose of this rule, if any interior open space or court yard enclosed on three sides by a building or part there of is meant to serve lighting and ventilation purpose to a part or whole of one side of one or more habitable rooms, then the minimum width of such open space shall be 2.4 m. for buildings upto 15.5 m. in height; 3.5 m. for buildings above 15.5 m. upto 25.5 m. in height; 5.0 m. for buildings above 25.5 m. up to 40.0 m. height; and 7.0 m. for all buildings above 40.0 m. in height.   Provided that the depth of such open space shall not exceed twice its width and the same may be reduced to 1.2 m. if no habitable room, or balcony attached to the habitable room is facing the interior open space. However, in case the depth of such interior open space is less than the width, the same shall not be considered as interior open space, but be called as “notch” and the same will be permitted without any restriction.  

(6) A ventilation shaft having no access to the same except through one door for service purposes shall not be treated as a court yard, if the area of such shaft is less than 20 sq. m..  

68. Exemptions related to open spaces  

(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 movement;  

(c) Notwithstanding anything contained in rule 62, if the front open space is 3.50 m. or more, gate goomty not exceeding a height of 3.0 m. and an area of 9.0 sq. m. for security purposes may be allowed on the said open space.  Such goomty shall be so located as not to obstruct vehicular movement from the means of access to the side or rear open spaces and shall be exempted from the provisions of rules 67, 68 and 71. One such gate goomty will be allowed for every 2000 sq. m of land area;  

(d) In case of residential building only, the projections (overhang) of wardrobes, alcoves, cupboards and shelves shall be permitted at floor level upto 50 cm from the first floor level and above and provided the area of each such cupboard shall not exceed 2.0 sq. m. per habitable room and shall not exceed 3% of the respective gross floor area of the building of which such cupboards form a part. However in exterior open space this can be extended to 60 cm from first floor onwards for buildings having side open space more than 2.5 m.;  

(e) A canopy/ canopies and or a porch/porches each not exceeding 15 sq. m. in area or one percent (1%) of the ground floor area whichever is higher, having a clear width of not less than 2.5 m. may he allowed at a minimum clear height of 2.5 m. from the ground level provided that requisite space for the movement of fire tenders is left all round the building unobstructed by such canopies/porches;  

(f) Outdoor type transformer will be allowed to be installed in the mandatory open space provided—  

(i) There will remain after such proposed installation clear minimum open space of 1.2 m. from the adjoining boundary line.  

(ii) While providing such space for transformer, a minimum open space of 4.00 m. shall have to be kept to facilitate vehicular movement wherever applicable. 

AREA AND HEIGHT LIMITATIONS (CHAPTER X)

69. Floor Area Ratios 

(1) Save as otherwise determined by the Mayor-in-Council, with regard to any specification made in this behalf under the West Bengal Town and Country (Planning and Development) Act, 1979, the Floor Area Ratios shall be as specified in Table 3 below:  
Table 3 Maximum Permissible Floor Area Ratio  

Sl. No Width of Means of Access (m)  Residential Buildings  Educational Buildings  Industrial, Storage and Hazardous Buildings 

Assembly, Institutional Business, Mercantile Buildings

including Mixed use Buildings 

1. Below 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 1.75  Nil Nil Nil
4. Above 7.0 to 9.0  2.00  2.00   Nil Nil
5. Above 9.0 to 15.0  2.25 2.25 2.00 2.00
6. Above 15.0 to 20.0  2.50 2.50 2.00 2.25
7. Above 20.0 to 24.0  2.75  2.75  2.00 2.50
8. Above 24.0  3.00  3.00  2.00 2.75

 

Provided that the width of means of access mentioned under Table 3 is to be taken as the average road width abutting the entire length of the plot.  

(2)  While calculating the floor area under this chapter, the following shall not be included, namely:-  

(a) stair cover not exceeding 3.0 m. in height and stair case with landing upto the extent of the width of the stairway in each floor including ramp if there be any.  

(b) lift machine room as per latest edition of the National Building Code.  

(c) lift landing lobby with a maximum area of 6 sq. m in all floors including roof if any.   

(d) roof tanks and their support, the height of support not exceeding 1 m.   

(e) chimneys, ventilating, air-conditioning and service equipments attached to the building. Provided that the aggregate area of these structures mentioned at (a) to (d) above shall not exceed one-third area of the roof upon which these are erected.  

(f) areas of loft, ledge or tand and areas of cupboards/wardrobes upto a maximum extent of 3% of total floor area.  

(g) the actual area used for covered car parking space and area of basement used for car parking only in accordance with table 6 of sub-rule (1) of rule 79, subject to a maximum permissible limit for one car parking space of 25 sq. m for ground floor and 35 sq. m other than ground floor inclusive of all circulation spaces and ramps.  
   
(h)  area of service floor as permitted in rule 115.  

(i) areas for toilet, garden covered with permeable material, pergola, expanded or similar other materials at the roof level upto 5% of the total roof area or 10 sq. m whichever is less.  

(3) In addition to the above provision, the exemptions in calculation of FAR shall also be permissible as per provision in rule 69.  

70. Ground Coverage in respect of buildings  

(1) For any building the area of the plot to be covered by such building shall be as given in the table 4 below: 

Occupancy or Use Group  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  40% 40%
Storage 40% 40%
Business  40% 40%

(2) For any other size of the plot in between plot size of 200 sq. m. and 500 sq. m., the percentage coverage shall be calculated by direct interpolation.  

(3) Notwithstanding anything contained in sub-rule (1), for plots measuring more than 5000 sq. m. in area, the maximum permissible ground coverage shall be 45% for residential building/ buildings and 35% for building/ buildings with other occupancies including mixed occupancy.  

(4) For buildings on plots measuring 5000 sq. m, additional ground coverage to the extent of 15% may be allowed for car parking and building services. The additional ground coverage of 15% will be exclusively utilized for car parking, ramps, staircase, lift for upper level car parking and building services such as A.C. plant room, generator room, fire fighting equipments, electrical equipments etc. not exceeding 5% out of such 15% subject to compliance of other relevant rules.  

71. Transfer of Open Space  

(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 proceeded with until a revised plan showing the extent of the open space on the basis of which the Floor Area Ratio may be allowed, is submitted and sanctioned under these rules;  

(c) if such transfer takes place at any time after completion of such erection or such addition or alteration.   

(i) the completion certificate if not already granted, shall not be granted and (ii) such portion of the building or the addition or alteration as is not allowable under these rules because of such transfer, shall be demolished, and  (iii) the extent of the building or such addition or alteration and the portion thereof which   shall   be   demolished,    shall   be   determined   by   the   Municipal Commissioner:  Provided that no action under this sub-clause shall be taken without giving the owner and the persons likely to be affected thereby a reasonable opportunity of being heard.  

72.  Addition of new plot  

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 case all building rules, at the material time when the building/buildings was/were sanctioned are satisfied considering the 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.  

73.  Linking of two blocks  

Notwithstanding anything contained in rules 63, 64, 64  and 66 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,  

74. Permissible Height of Buildings  

(1) The permissible height of the buildings on means of access of different widths shall be as given in Table 5 below:

(3) Notwithstanding anything contained in sub-rule (1), for plots measuring more than 5000 sq. m. in area, the maximum permissible ground coverage shall be 45% for residential building/ buildings and 35% for building/ buildings with other occupancies including mixed occupancy.  

(4) For buildings on plots measuring 5000 sq. m, additional ground coverage to the extent of 15% may be allowed for car parking and building services. The additional ground coverage of 15% will be exclusively utilized for car parking, ramps, staircase, lift for upper level car parking and building services such as A.C. plant room, generator room, fire fighting equipments, electrical equipments etc. not exceeding 5% out of such 15% subject to compliance of other relevant rules.  

Width of Means of Access (in m.) Permissible Height of Building (in m..)  Permissible Height 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 15.5
(iv)       above 7.0 upto 9.0  20.0 25.5 
(vi)        above 12.0 upto 15.0  60.0 -
vii)        above  15.0  No restriction -

Note:  1) There will be no restriction in heights of buildings on plots abutting means of access   above 10 m. in width subject to free gifting of strip of land having a width of 5 m. throughout the front of the entire plot along the means of access. However, this increase in height as mentioned above shall be permissible provided the area of the plot is at least 2,500 sq. m. and frontage of the plot abutting the main road is at least 15.0 m.  

2) In case of such additional height obtained by free gifting the strip of land as mentioned hereinabove, the applicant will get FAR of original road width only however, the applicant will be given benefit of FAR and ground coverage taking into consideration the portion gifted to the Corporation.   

75.  Height limit for civil aviation purposes  
For any building to be erected, or re-erected in terms of clause (b) or 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.  

76. Height exemption  
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 m.,

(b) ventilating, air-conditioning and similar service equipment,

(c) chimneys

(d) parapet walls not exceeding one and a half m. 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   not exceeding 3.00 m. in height

(h) equipments for telecommunication such as microwave antennae, towers and dish antennae as well as room for installing the said equipments or their support equipments subject to a maximum area of 25 sq. m. and further subject to permission of the same from Municipal Commissioner

(i) raising of ground level upto 600 mm. provided the entire site is raised to avoid flooding for areas prone to water logging with prior permission of the Municipal Commissioner.  
The aggregate area of such structures in clauses (a) to (h) above shall not exceed one third of the area of the roof of the building upon which these are erecte

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