Existing Building



EXISTING BUILDING (CHAPTER XIII)

82. Provisions regarding existing buildings

(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 the buildings allowed to stand in refugee rehabilitation plots u/s 413(a) of the Act.

(3) Application for increasing the height of existing buildings beyond 15.5m. shall not be entertained.

(4) The extent of the setback shall be such as to make the addition to the building conform to the provisions of Chapter IX from the property boundaries. Provided that in case of application for addition of one floor over a single storied residential building where, after such proposed addition, the height of the building shall not exceed 8m., no front set back will be necessary.

(5) If any car parking space is required to be provided under Chapter XI for the new area proposed to be added, and no such car parking space can be provided in such existing building, the floor area allowable under rule 70 shall be reduced by the area required for such car parking space. For this calculation, the area required for one car parking space is to be taken as 25 sq. m. Existing car parking spaces as per sanctioned building plan shall be taken into account as car parking spaces, even if the same does not conform to the specified size of 2.50 x 5 m.

(6) If the dimension of stair, corridors, ventilating shaft and set backs of an existing building constructed as per the sanctioned plan are less than those stipulated under the present rule, the Municipal Commissioner may allow the construction of the added portion as per dimensions of the existing portion, without compliance to the provisions of existing rules.

(7) The provisions of other Chapters of these rules shall apply in all other respects.

PROVISIONS FOR BUILDINGS IN GOVERNMENT APPROVED SCHEMES (CHAPTER XIV)

83. General

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.

84. Size of the plot for a building

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.

85. Means of Access

(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.

86. Ground Coverage

The maximum permissible ground coverage shall be 75% of the area of the plot.

87. Maximum height of the building

The maximum height of the building shall not be more than 10

88. Front Open Space

The minimum front open space for a building shall be 0.80 m.

89. Rear Open Space

The minimum rear open space for a building shall be 1.0 m.

90. Side Open Space

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.

91. Floor Area Ratio

The maximum floor area ratio shall be 1.75.

92. Parking Space–

No parking space within the plot shall be necessary.

93. All other criteria will be followed as per other rules,

PROVISIONS FOR BUILDINGS CONSTRUCTED BY SMALL SCALE INDUSTRIES IN INDUSTRIAL ESTATES APPROVED BY GOVERNMENT (CHAPTER XV)

94. General

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.

95. Size of the plot for a building

The minimum size of a plot shall be 200 sq. m. and the maximum size of a plot shall be 1000 sq. m.

96. Means of Access

No building shall be constructed on a plot if the width of the means of access to the site is less than 7 m.

97. Ground Coverage

The maximum permissible ground coverage will be 50% for a plot size upto 500 sq. m and 40% above 500 sq. m.

98. Maximum height of the building

The maximum height of the building shall be 10 m.

99. Front Open Space

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

100. Rear Open Space

The minimum rear open space for a building shall be 4.00 m.

101. Side Open Space

The minimum side open space on the narrower side will be 1.5 m. and 4.00 m. on the other side.

102. Floor Area Ratio

The maximum floor area ratio shall be 1.5.

103. Parking Space

One car parking space for every 200 sq. m of floor area or part thereof.

104. All other rules will be followed as per requirements applicable to other types of building

REQUIREMENTS OF PARTS OF BUILDINGS (CHAPTER XVI)

105. Plinth

(1) The plinth or any part of a building or any accessory building shall be so located with respect to the crest of the road level that adequate drainage of the site is assured and 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.

106. Habitable Room

(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 XIII of these rules shall not be less than 6 sq. m and height not less than 2.75 m. measured from the surface of the floor to the lowest point of the ceiling or the underside of any slab. Provided that in the case of any centrally air-conditioned building, the height of any habitable room shall not be less than 2.4 m. measured from the surface of the floor to the underside of any slab or false ceiling as the case may be.Provided also that in case of any pitched roof, the average height shall not be less than
2.75 m. and the minimum height at eaves level shall not be less than 2.1 m.

107. Kitchen

(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 opening directly to an interior or exterior open space, or into any shaft,

(d) a flue duct, if necessary.

(4) In a building constructed under the provisions of Chapter XIII of these rules, the area of a kitchen shall not be less than 3 sq. m. with a minimum width of 1.50 m.

108. Pantry

(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.

109. Bathroom and water closet

(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 if 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 2.0 sq. m., with a minimum width of 1.1 m.

(4) Every bathroom or water closet shall - (a) be so situated that at least one of its walls shall face an interior or exterior open space or shaft and shall have an opening in the form of a window or ventilator or louvre not less than 0.40 sq. m. in area,

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

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

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

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

(f) be provided with an impervious floor sloping towards any drain with a suitable gradient.

(5) No room containing any water closet shall be used for any purpose except as a lavatory and no such room shall open directly into any kitchen or cooking space or pantry by a door, window or
other opening.
(6) In a building constructed under the provisions of Chapter XIII of these rules, the sizes of bathrooms and water closet shall conform to the following: (i) the area of an independent water closet or an independent bathroom shall not be less than 1.00 sq. m. with a minimum width of 1.00 m.

(ii) the area of a combined bathroom with water closet shall not be less than 1.50 sq. m. with a minimum width of 1.00 m.

110. Lifts

(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 1000Sqm. 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 of the National Building Code of India.

111. Loft

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

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

112. Ledge or tand

(1) A ledge or tand 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.

113. Mezzanine floor.

(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 as 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 unventilated compartments.

(3) An area up to 25 per cent of the covered area on the particular floor shall be permitted for construction of mezzanine floor.

(4) The height of any mezzanine floor shall not be less than 2.1 m. from floor level to the ceiling or underside of a slab.

114. Service Floor

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.

115. Store Room

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.

116. Garage

(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.

117. Roof

(1) The roof of a building shall be so constructed or framed as to permit effectual drainage of the rain-water therefrom by means of sufficient rain water pipes 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 143.

(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 in such walls or in such other manner as may be approved by the Municipal Commissioner.

(4) Every terrace on the topmost storey of any building shall have a common access and shall not be subdivided.

118. Basement

(1) Subject to provisions of the West Bengal Town & 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 nonflammable 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 purposes of a business building or mercantile building (retail) or an assembly building, if it is air-conditioned and the top of the basement is at least 1.0 m. above ground level, provided the fire safety norms as per National Building Code are complied with.

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

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

(5) No kitchen, bathroom or water closet shall be permitted in any basement unless there is proper drainage arrangement. If permitted, such kitchen, bathroom or water closet shall be placed against an external wall of the basement, which shall also be the external wall of the building, and shall be adequately lit and ventilated. Detailed plans showing arrangements for drainage including pumping system shall be submitted in such cases.

(6) Every basement shall— (a) in every part be at least 2.1 m. in height from the floor to the underside of the beam or false ceiling,

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

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

(d) in case the parking area in the basement is less than 1000 sq. m., only one ramp will be required. In case the parking area in the basement is more than 1000 sq. m. at least two ramps should be provided. Width of each ramp shall not be less than 4.0 m. and the slope shall not be steeper than one vertical to six horizontal and the distance between the ramps shall be such as may be approved by the Municipal Commissioner,

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

(f) in the case of a basement being used for a purpose as referred to in clause (i) of sub-rule (2), the same must have sufficient numbers of access ways and exit ways so that the travel distance is not more than 15 m. from any point,

(g) have adequate ventilation as required for any occupancy or use group under these rules Provided that any deficiency may be met by providing adequate mechanical ventilation in the form of blowers and exhaust fans at the rate of one exhaust fan for every 50 sq. m. of the basement area, or by air-conditioning,

(h) comply with the requirements of the West Bengal Fire Services Act, 1950, Fire Prevention and Safely Rules, 1996, and provisions laid down in National Building Code, as amended from time to time.

119. Chimney

(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 flat roof: Provided that the top of any chimney shall not he 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.

120. Parapet

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 average.

121. Lighting and ventilation of rooms

(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 closet or kitchen or any other room not intended to be used as an inhabited room if it does not open into the front, rear or side open space or an interior open space, it shall open into a ventilation shaft which shall not be less than the specification in Table 7 & Table 7A below.

TABLE 7 Ventilation Shafts for Kitchen or Toilet

Height of the building
(in m.)
Minimum size of
ventilation shaft
(in sq. m.)
Minimum width of the shaft
(in m.)
Up to 12.5
Above l2.5 & upto l5.5
Above l5.5 & upto 20.0
Above 20.0
2.5
5.0
6.0
9.0
1.2
2.0
2.4
3.0

TABLE - 7A Combined Ventilation Shaft for Kitchen and Toilet

Height of the building
(in m.)
Minimum size of
ventilation shaft
(in sq. m)
Minimum width of the shaft
(in m.)
Up to 12.5 3.0 1.5
Above l2.5 &.upto l5.5 6.5 2.5
Above 1 5.5 & upto 20.0 8.0 2.75
Above 20.0 9.0

3.0

Provided that for any building with a height exceeding 20 m., a mechanical ventilation system shall be installed in addition to the provisions of minimum ventilation shaft: Provided further that no chajja shall be allowed in any ventilation shaft. Provided also that no ventilation shaft may be required for fully air-conditioned building, or mechanically ventilated toilet, kitchen, bath and W.C.

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