No. UDD 14 TTP 2017(P-3)
URBAN DEVELOPMENT SECRETARIAT
No. UDD 14 TTP 2017(P-3), Bengaluru, Date: 11.07.2017
The draft of the Karnat aka Municipalities Model Building Bye- Laws 2017 which the Government of Karnataka proposes to make in exercise of the powers conferred by sub-section (1) of section 325 of the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964) is hereby published as required by sub-sec tion (1) of section 325 of the said Act, for th e information of all the persons likely to be affected thereby and notice is hereby given that the said draft will be taken into consideration after one month from the date of its publication in the Official G azette.
Any objection or suggestion which may be received by the State Government from any person with respect to the said draft before the expiry of the period specified above will be considered by the State Government. Objections an d suggestions may be addressed to the Direc tor, Town and Country Planning Department, M.S. Building, Gate-04, Bengaluru-560001.
1. Title, commencement and application-
(1) These bye laws may be called the Karnataka Municipal Corporations Model Building Bye-Laws 2017.
(2) They shall come into force from the date of their final publication in the official Gazette.
(3) All mandatory Master Plan or Zonal Regulations regarding use, land use, coverage, FAR, setback or open space, height, number of stories, number of dwelling units, parking standards etc. for various categories of buildings including modification therein made from time to time shall be applicable mutatis mutandis in these Bye-Laws under this clause. All amendments or modifications made in the aforesaid regulations shall automatically stand deemed to have been included as part of these Bye-laws.
1. ‘Access’ – means a clear approach to a plot or a building.
2. ‘Act’- means the Karnataka Municipal Corporations Act, 1975 (Karnataka Act 14 of 1977);.
3. ‘Addition and/or Alteration’- means a structural change including an addition to the area or change in height or the removal of part of building, or any change to the structure, such as the construction or removal or cutting of any wall or part of a wall, partition, column, beam, joist, floor including a mezzanine floor or other support, or a change to or closing of any required means of access ingress or egress or a change to fixtures or equipment as provided in these Bye laws.
4. ‘Agriculture’ includes horticulture, farming, growing of crops, fruits, vegetables, flowers, grass, fodder, trees of any kind or any kind of cultivation of soil, breeding and keeping of livestock including cattle, horses, donkeys, mules, pigs, fish, poultry and bees, the use of land which is ancillary to the farming of land or any purpose aforesaid but shall not include the use of any land attached to a building for the purpose of garden to be used along with such building; and ‘agriculture’ shall be construed accordingly.
5. ‘Air-conditioning’- The process of treating air so as to control simultaneously its temperature, humidity, purity, distribution and air movement and pressure to meet the requirements of the conditioned space.
6. ‘Amalgamation’ means clubbing of two or more properties as a single property.
7. ‘Amenity’ includes roads, street, open spaces, parks, recreational grounds, play grounds, gardens, water supply, electric supply, street lighting, sewerage, drainage, public works and other utilities, services and conveniences.
8. ‘Annexure’ means the Annexure appended to these bye-laws;
9. ‘Apartment’ means suite of rooms, which are occupied or which is intended or designed to be occupied by one family for living purpose in an Apartment building. This word is synonymous with residential flat.
10. ‘Apartment Building/Group Housing’ means one or more buildings, each containing more than four Apartments.
11. ‘Appendix’ means Appendix appended to these bye-laws;
12. ‘Application’ means an application made in such form as may be prescribed by the Authority from time to time.
13. ‘Applicant’ means any person who applies to the Authority with an intention to develop building as per these bye-laws. The Applicant shall be the owner of the property or his authorised representative or a promoter authorised by the owner.
14. ‘Approved’ means as approved/sanctioned by the Authority under applicable Bye-Laws
15. ‘Architect’- means a person holding a graduate degree in Bachelor of Architecture from any institute recognized by the Council of Architecture (COA) and has his/her name entered in the register of COA for the time being, with a valid COA Registration number.
16. ‘Architect/Professional on record’- means an architect/Competent professional who is brought on record to represent his/her client for a construction project, to act on their behalf regarding building licenses and process of construction (Qualification, experience &competence as notified by the Government). He / She may be registered with the Authority for the cause (Registration procedure as per Appendix-I).
17. ‘Auditorium’ means Premises having an enclosed space to seat audience and stage for various performances such as concerts, plays, music etc.
18. ‘Authority’- means the Local Authority which has been created by a statute and which, for the purpose of administering / undertaking the various functions specified in these Byelaws, , may authorize a committee or the Commissioner or any other designated officer of Local Body to act on its behalf; hereinafter called the ‘Authority’.
19. ‘Balcony’ means a horizontal projection with a handrail or balustrade, to serve as passage or sit out place.
20. ‘Basement storey or cellar’ means any storey, which is partly / wholly below the average ground level contiguous to the building, with one or more than one level. The basement height should not project more than 1.2m above the average ground level.
21. ‘Bifurcation’ means as defined in the KTCP (Approval of Plot) Rules 2017
22. ‘Building’- means a structure constructed with any materials whatsoever for any purpose, whether used for human habitation or not, and includes: -
i) a house, out-house, stable, privy, shed, hut, wall, verandah, fixed platform, plinth, doorstep and any other such structure, whether of masonry, bricks, wood, mud, metal or any other material whatsoever;
ii) a structure on wheels simply resting in the ground without foundation;
iii) a ship, vessel, boat, tent and any other structure used for human habitation or used for keeping or storing any article or goods;
iv) Foundation, plinth, walls, floors, roofs, chimneys, plumbing and building services, fixed platforms etc.
v)Verandahs, balconies, cornices, projections etc. vi)Parts of a building or anything affixed thereto
vii)Any wall enclosing or intended to enclose any land or space, sign and outdoor display structures; etc.,
viii)Tanks constructed or fixed for storage of chemicals or chemicals in liquid form and for storage of water, effluent, swimming pool, ponds etc.,
ix) All types of buildings as defined in (a) to (k) below, except tents, shamianas and tarpaulin shelters erected temporarily for temporary purposes and ceremonial occasions, shall be considered to be ‘building’.
Types of Buildings based on use of premises or activity:
a. ‘Residential Building’- includes a building in which sleeping and living accommodation is provided for normal residential purposes, with cooking facilities and includes one or more family dwellings, apartments/flats, and private garages of such buildings.
b. ‘Educational Building’- Includes a building exclusively used for a school or college, recognized by the appropriate Board or University, or any other Competent Authority involving assembly for instruction, education or recreation incidental to educational use, and including a building for such other uses as research institution. It shall also include quarters for essential staff required to reside in the premises, and building used as a hostel captive to an educational institution whether situated in its campus or outside.
c. ‘Institutional Building’- Includes a building constructed by Government, Semi Government Organizations or Registered Trusts and used for medical or other treatment, or for an auditorium or complex for cultural and allied activities or for an hospice, care of persons suffering from physical or mental illness, handicap, disease or infirmity, care of orphans, abandoned women, children and infants, convalescents, destitute or aged persons and for penal or correctional detention with restricted liberty of the inmates ordinarily providing sleeping accommodation and includes dharamshalas, hospitals, sanatoria, custodial and penal institutions such as jails, prisons, mental hospitals, houses of correction, detention and reformatories etc.
d. ‘Assembly Building’- means a building or part thereof, where groups of people (not <50) congregate or gather for amusement, recreation, social, religious, patriotic, civil, travel and similar purposes and this includes buildings of drama and cinemas theatres, drive-in theatres, assembly halls, city halls, town halls, auditoria, exhibition halls, museums, ‘mangal karyalayas’, skating rinks, gymnasia, restaurants, eating or boarding houses, places of worship, dance halls, clubs, gymkhanas and road, railways, air, sea or other public transportation stations and recreation piers.
e. ‘Business Building’- Includes any building or part thereof used principally for transaction of business and/or keeping of accounts and records including offices, banks, professional establishments, court houses etc., if their principal function is transaction of business and/or keeping of books and records.
f. ‘Commercial/Mercantile Building’- Includes a building or part thereof used as shops, stores or markets for display and sale of wholesale and or retail goods or merchandise, including office, storage and service facilities incidental thereto and located in the same building
g. ‘Industrial Building’- Includes a building or part thereof wherein products or material are fabricated, assembled or processed, such as assembly plants, laboratories, power plants, refineries, gas plants, mills, dairies and factories etc.
h. ‘Storage Building’- means a building or part thereof used primarily for storage or shelter of goods, wares, merchandise and includes a building used as a warehouse, cold storage, freight depot, transit shed, store house, public garage, hanger, truck terminal, grain elevator, barn and stables.
i. ‘Hazardous Building’- Includes a building or part thereof used for i. Storage, handling, manufacture of processing of radioactive substances or highly combustible or explosive materials or of products which are liable to burn with extreme rapidity and/or producing poisonous fumes or explosive emanations. and ii. Storage, handling, manufacture or processing of which involves highly corrosive, toxic or noxious alkalis, acids, or other liquids, gases or chemicals producing flame, fumes and explosive mixtures etc. or which result in division of matter into fine particles capable of spontaneous ignition.
j. ‘Mixed Land Use Building’- means a building partly used for non-residential activities and partly for residential purpose. k. ‘Wholesale Establishment’- means an establishment wholly or partly engaged in wholesale trade and manufacture, wholesale outlets, including related storage facilities, warehouses and establishments engaged in truck transport, including truck transport booking agencies.
Types of building based on design:
a. ‘Detached Building’- means a building with walls and roofs independent of any other building and with open spaces on all sides within the same plot.
b. ‘Semi-detached Building’- means two buildings, together having not more than 4 dwelling units with a maximum of G+1 floor, attached to each other with a common wall and each building having setbacks only on three sides.
c. ‘Row Housing’ – means two or more dwelling units with a maximum of G+1 floor, in a row attached to each other, where the intermediate dwelling units have only front and rear setbacks and the dwelling units on the extreme ends have setbacks on three sides.
Types of building based on height:
a. B1- means residential buildings of G+1floors upto 4 dwelling units
b. B2- means all buildings upto G+2 floors other than B1 buildings and Industrial buildings
c. B3- means all low-rise buildings other than B1 & B2 buildings and Industrial buildings.
d. B4- means all high-rise buildings (multi storey buildings) other than Industrial buildings.
e. B5- means all Industrial buildings
Types of building based on other features:
a. ‘Multi-Level Car parking’- means a building partly below ground level having two or more basements or above ground level with two or more floors, primarily to be used for parking of cars, scooters or any other type of light motorized vehicle.
b. ‘Unsafe Building’- Includes a building which:
i) Is structurally unsafe, or
ii) Is insanitary, or
iii) Is not provided with adequate means of ingress or egress or
iv) Constitutes a fire hazard or
v) Is dangerous to human life or
vi) In relation to its existing use, constitutes a hazard to safety or health or public welfare by maintenance, dilapidation or abandonment.
Note: All unsafe buildings /structure will require be restoring by repairs, demolition or dealing with as directed by the Authority. The relevant provisions of the Act shall apply for procedure to be followed by the Authority in taking action against such buildings
23. ‘Building line’ means the line upto which the plinth of building may lawfully extend within the plot on a street or an extension of a street and includes the line prescribed, if any in the Master Plan or Town Planning scheme. No portion of the building may extend beyond this line.
24. ‘Building Site’ means a plot held for building purposes, approved as per the rules framed under Section 17 of KTCP Act.
25. ‘Bus Depot’ means a premise used by public transport agency or any other agency for parking, maintenance and repair of buses. These may include the workshop.
26. ‘Bus Terminal’ means a premise used by public transport agency to park the buses for short duration to serve the public. It may include the related facilities for passengers.
27. ‘Canopy’- shall mean a cantilevered projection from the face of the wall over an entry to the building at the lintel or slab level provided that:
i) It shall not project beyond the plot line.
ii) It shall not be lower than 2.3 m. or 7’- 6’ when measured from the ground.
iii) There shall be no structure on it and the top shall remain open to sky
28. ‘Carpet Area’ means the net usable floor area of an apartment or commercial premises, excluding the area covered by the external walls, areas under services shafts, exclusive balcony or verandah area and exclusive open terrace area, but includes the area covered by the internal partition walls of the apartment/ commercial premises.
29. ‘Chajja’ means a continuous sloping or horizontal cantilever projection provided over an opening or external wall to provide protection from sun and rain.
30. ‘Chimney’ means a structure usually vertical containing a passage or flue by which the smoke, gas, etc. of a fire or furnace are carried off by means of which a draught is created
31. ‘Common wall’ means; a wall built on land belonging to two adjoining owners, the wall being the joint property of both owners.
a) If two adjoining owners build a dividing wall on their property, they are not common walls and no part of the footings of either wall shall project on to the land of the adjoining owner, except by legal agreement between the owners. and
b) Any such ‘common’ or ‘dividing’ wall shall be considered for the purpose of these byelaws, as being equivalent to an external wall as far as the thickness and height are concerned.
32. ‘Community Hall’ means congregational place to be developed by government or local bodies, trust, society, etc., having a maximum of 300m2 carpet area of hall without separate kitchen and dining. No upper floor shall be permitted.
33. ‘Construction’ means; Any erection of a structure or a building, including any addition or extension thereto either vertically or horizontally, but does not include any repair and renovation of an existing structure or building, or, construction, maintenance and cleansing of drains and drainage works and of public latrines, urinals and similar conveniences, or, the construction and maintenance of works meant for providing supply of water for public, or, the construction or maintenance, extension, management for supply and distribution of electricity to the public; or provision for similar facilities for publicity.
34. ‘Conversion of Occupancy’- means the change from one occupancy to other occupancy or any change in building structure or part thereof resulting in a change of space and use requiring additional occupancy certificate.
35. ‘Corner Plot’ means a plot facing two or more intersecting streets / roads.
36. ‘Corridor’ means a common passage or circulation space connecting separate rooms or different parts of the same building including a common entrance hall.
37. ‘Cornice’- means a sloping or horizontal structural overhang usually provided over openings or external walls to provide protection from sun and rain.
38. ‘Courtyard’ means a space permanently open to sky, enclosed fully or partially by buildings and maybe at ground level or any other level either in the interior or exterior of a building within the site.
39. ‘Cultural buildings’ means a building built by a Trust, Society, Government or Local body for cultural activities.
40. ‘Damp Proof Course’- means a course consisting of some appropriate water proofing material provided to prevent penetration of dampness or moisture.
41. ‘Density of Households’ means number of dwelling units per hectare
42. ‘Density of Population’ means concentration of population expressed in terms of number of persons per hectare in a particular area.
43. ‘Development’ with its grammatical variations means the carrying out of building, engineering, mining or other operations in, or over or under land or water, or the making of any material change in any building or land (including compound wall) or in the use of any building or land and includes sub-division of any land.
44. ‘DR/T.D.R.’ – means Development Rights orTransfer of Development Rights available for plots as prescribed under Section 14B of KTCP Act and the Rules framed thereof.
45. ‘Drains’ means natural valleys intended for flow of storm water /rain water
46. ‘Drainage system’ – means a system or a line of pipes, with their fittings and accessories, such as manholes, inspection chambers, traps, gullies, floor traps used for drainage of building or yards appurtenant to the buildings within the same cartilage for conveying surface water or a system for the removal of any waste water.
47. ‘Duplex’ means a dwelling unit in two levels connected with an internal staircase.
48. ‘Dwelling’- means a building or a portion thereof which is designed or used wholly or principally for residential purposes for one family.
49. ‘Empanelled Professional’ means professionals such as Architects, Engineers, Structural consultants, MEP consultants, Environment consultants etc., who are empanelled by the Authority as per the provisions of these bye-laws as authorised persons to inspect the plots before, during, and after construction, as the case may be, to certify the constructions made as per the provisions of the approved plans and report to the Authority and also to sanction building plans of certain buildings as notified by the government.
50. ‘Encroachment’- means an act to enter into the possession or rights either of permanent or temporary nature on a land or built up area of a private property or local body or state/central Government.
51. ‘Existing development’ means all developments (including buildings) which existed before coming into force of the Karnataka Municipal Corporations Act 1976, and all approved developments thereafter (including building) and which are completed or under development at the time of commencement of these bye-laws.
52. ‘Existing Use’- means use of a building or structure existing before the commencement of these Bye-Laws.
53. ‘Exit’- means a passage channel or means of egress from the building, its storey or floor to a street or, other open space of safety; whether horizontal, outside and vertical exits meaning as under: -
i) Horizontal exit means an exit, which is a protected opening through or around afire well or bridge connecting two or more buildings.
ii) Outside exit mean an exit from building to a public way to an open area leading to a public way or to an enclosed fire-resistant passage leading to a public way, and
iii) Vertical exit means an exit used for ascending or descending between two or more levels including stairway, fire towers, ramps and fire escapes.
54. ‘External Wall’ means the outer wall of the building not being a partition wall, even though an adjoining wall of another building and also a wall abutting on an interior open space of any building. External wall of an apartment or commercial premises means the outer wall of the apartment or commercial premises, even though an adjoining wall of another apartment or commercial premises.
55. ‘First floor’ means the floor immediately above the ground floor or stilt, on which second and other floors follow subsequently
56. ‘Flatted factory’ ‘means premises having group of non-hazardous small industrial units which are permissible under the Zonal Regulations and these units may be located in multistoried industrial buildings.
57. ‘Floor’ means the lower surface in a storey on which one normally walks in a building
58. ‘Floor Area Ratio (FAR)’ means the quotient of the ratio of the combined gross floor area of all the floors, excepting areas specifically, exempted under the Zonal Regulations, to the total area of the plot. Viz.
Floor Area Ratio = Total floor area of all the floors/Plot Area
60. ‘Fire Hazard Industries’-59. ‘Fire and/or Emergency Alarm System’- means Fire alarm system comprises of components for manually or automatically detecting a fire, initiating an alarm of fire and initiating other actions as appropriate.
i) ‘Low Fire Hazard Industries’ includes engineering industries using/processing or assembling non-combustible materials i.e. lathe machines, steel works, steel components etc.
ii) ‘Moderate Fire Hazard Industries’ includes industries using / processing combustible materials but not flammable liquid etc., plastic industries, rubber, and PVC industries, textile, paper, furniture, flour mills etc.
iii) ‘High Fire Hazard Industries’ includes industries using/processing flammable liquids, gases, chemicals petroleum products, plastic or thermo setting group etc.
61. ‘Fire Lift’- Means a special lift designed for the use of fire service personnel in the event of fire or any other emergency.
62. ‘Fire Proof Door’- Means a door or shutter fitted to a wall opening, and constructed and erected with the requirement to check the transmission of heat and fire for a period.
63. ‘Fire Pump’- Means a machine, driven by external power for transmitting energy to fluids by coupling the pump to a suitable engine or motor, which may have varying outputs/capacity but shall be capable of having a pressure of 3.2 kg/ cm2 at the topmost level of multi-storey or high-rise building.
64. ‘Fire Pump-Booster Fire Pump’- Means a mechanical/electrical device that boots up the water pressure at the top level of a multi-storey / high-rise building and which is capable of a pressure of 3.2 kg/cm2 at the nearest point.
65. ‘Fire Resistance’-means Fire resistance is a property of an element of building construction and is the measure of its ability to satisfy for a stated period some or all of the following criteria:
a. resistance to collapse,
b. resistance to penetration of flame and hot gases, and
c. Resistance to temperature rise on the unexposed face up to a maximum of 180°C and/or average temperature of 150°C.
66. Fire Resistance Rating- The time that a material or construction will withstand the standard fire exposure as determined by fire test done in accordance with the standard methods of fire tests of materials orstructures.
67. ‘Fire Separation’- Means the distance in meters measured from any other building on the site or from another site, or from the opposite side of a street or other public space to the building.
68. ‘Fire Service Inlet’- Means a connection provided at the base of a building for pumping up water through in-built fire-fighting arrangements by fire service pumps in accordance; with the recommendation of the Chief Fire Officer.
69. ‘Fire Tower’- Means an enclosed staircase that can only be approached from the various floors through landings or lobbies separated from both the floor area and the staircase by fire resistant doors and open to the outer air.
70. ‘Fire Resisting Building’- means a building in which material, which has, appropriate degree of fire resistance is used.
71. ‘Footing’- means a foundation unit constructed in stone masonry or concrete under the base of a wall or column for the purpose of distributing the load over a larger area.
72. 'Form' means a Form appended these bye-laws;
73. ‘Foundation’ means that part of structure which is below the lowest floor and which provides support for the superstructure and which transmits the load of the superstructure to the bearing strata.
74. ‘Frontage’ means the width of the site/land abutting the access/public road.
75. ‘Gal1ery’- means an intermediate floor or platform projecting from a wall of an auditorium or a hall providing extra floor area, and or additional seating accommodation and includes the structures provided for seating in stadia.
76. ‘Garage-Private’- means a building or a portion thereof designed and used for the parking of vehicle.
77. ‘Garage-Public’ – means a building or portion thereof, designed other than as a private garage, operated for gain, designed and/or used for repairing, servicing, using, selling or storing or parking motor driven or other vehicles.
78. ‘Gas Go down’ means premises where LPG cylinders are stored.
79. ‘Government’ means the Government of Karnataka.
80. ‘Ground Floor’ means the Floor immediately above the level of the adjoining average ground level on all sides having approach directly from the road or above the basement floor.
81. ‘Ground Coverage’ means area covered by the building immediately above the ground level contiguous to the building. Covered area does not include the space covered by ramps around the building, roof of basement floor beyond the plinth of the building projecting above the ground level, structures for services permitted in the setback area, garden, rocky area, well and well structures, plant, nursery, water pool, swimming pool (if uncovered) platform around a tree, tank, fountain, bench with open top and unenclosed sides by walls cut outs and ducts which are open to sky and the like drainage, culvert, conduit, catch-pit, gully-pit, chamber gutter and the like, within the site, compound or boundary wall, gate, unstoreyed porch and portico, chejja, slide, swing, uncovered staircase, watchman booth, pump house and the like within the site.
Ground Coverage in hilly areas shall be as prescribed in the Zonal Regulations.
82. ‘Habitable Room’ means a room occupied or designed for occupancy by one or more persons for study, living, sleeping, Eating, cooking but does not include bathrooms water closet compartments, laundries serving and storage pantries, corridors, cellars, and spaces that are not used frequently or during extended periods.
83. ‘Head room’ means the clear space between the finished floor level and ceiling/ beam bottom. Minimum headroom shall be 2.4m.
84. ‘Heritage building’ means a building possessing architectural aesthetic, historic cultural values, which are declared as heritage building by the competent authority or government within whose jurisdiction such building is situated.
85. ‘Heritage Precinct’ means an area comprising heritage building or buildings and precincts there of or related places which is declared as such by the competent authority or government within whose jurisdiction such building is situated
86. ‘High-rise Building’ means a building having height of 15 m and above.
87. ‘Height of Building’ means the vertical distance measured from the average level of the ground around and contiguous to the building to the top of the roof in case of flat roofs and in the case of sloped roofs up to the point where the external surface of the outer wall intersects a finished surface of the sloping roof at the eave level In hilly areas, if the average level of the ground around and contiguous to the building is below the road level (road for which FAR is considered), then the height of the building shall be measured from such road level and not from the average ground level. The formed level made by filling of natural ground, if considered for the height of the building, shall not be more than 2.0m. above the road level.
88. Hospital: means a premise providing medical facilities of general or specialized nature for treatment of in-patient and out-patients.
89. Hotel: means Premises used for lodging with payment, with or without boarding facilities.
90. ‘Illuminated Exit Signs’- means a device for indicating the means of escape during normal circumstances and power failure.
91. ‘Land use’ includes the purpose to which the site or part of the site or the building or part of the building is in use or permitted to be used by the Authority. Land use includes zoning of land use as stipulated in the Master Plan and the Zonal Regulations.
92. ‘Licence’ means a valid permission or authorization in writing by the Authority to carryout development of building or a work regulated by these Bye- Laws.
93. ‘Licensed Professional’’ means Qualified professionals who have been registered with the Urban Local Body as per the Qualification and competence notified by the Government and therefore possess the license to provide professional services in Building construction. Only licensed professionals would be allowed to be professionals on record.
94. ‘Lift’ means an appliance designed to transport persons or materials between two or more levels in a vertical or substantially vertical direction by means of a guided car platform. The word ‘elevator’ is also synonymously used for ‘lift’.
95. ‘Lobby’- means a covered space in which all the adjoining rooms open.
96. ‘Lodging House’ means a premise used for lodging on payment. This is synonymous to Hotel
97. ‘Loft’ means a residual space above normal floor level which may be constructed or adopted for storage purposes.
98. ‘Market value’ means the guideline value of the land notified under section 45B of the Karnataka Stamp Act, 1957
99. ‘Master Plan’ means Master Plan prepared for the local planning area approved by the government under the Karnataka Town and Country Planning Act, 1961.
100. ‘Means of Escape’- means an escape route provided in a building for safe evacuation of occupants.
101. ‘Mezzanine Floor’- means an intermediate floor between Ground floor and First floor only, with area of mezzanine floor restricted to one third of the area of that floor and with a minimum height of 2.20m. Mezzanine floor is permitted for non-residential uses only. Such Mezzanine floor shall be accessible only from the Ground floor.
102. ‘Multilevel Car Parking (MLCP)’ means multilevel structure used for car parking connected to all floors by means of ramps / mechanical elevators. MLCP can be an independent structure or part of a building with other land uses. However, in the portion used for parking, no other land uses shall be permitted.
103. ‘Multiplex complex’ means a building housing an entertainment and cultural centre including cinema theatres, restaurants, food courts and shops as defined in Karnataka Cinema Regulations Act 1964. The development of such buildings shall be governed as per the provisions of Karnataka Cinema Regulations Act 1964.
104. ‘MCB/ELCB’ means Devices for tripping of electrical circuits in event of any fault in the circuit or installation.
105. ‘Non-Combustible Material’- means a material which is not liable to burn or add heat to a fire when tested for combustibility in accordance with the latest code of Bureau of Indian Standards Method of Test for combustibility of Building Materials.
106. Nursing home means A premises having medical facility for in-patients and out patients, having up to 30 beds, it shall be managed by a doctor or a group of doctors
107. ‘Occupancy or use’-means the principal occupancy or use for which a building or a part of a building is intended to be used. For the purposes of classification of a building according to occupancy, occupancy shall be deemed to include the subsidiary occupancies which are contingent upon it. ‘Mixed occupancy’ buildings being those in which more than one occupancy is present in different portions of the buildings.
108. ‘Open space in a plot’ means an area forming an integral part of the plot, left open to sky.
109. ‘Owner’ means a person who for the time being is receiving or is entitled to receive, whether on his own account or as agent, trustee, guardian, manager or receiver for another person or for any religious or charitable purpose, the rent or profit of the property in connection with which the word is used and in whose name the approval for development is issued.
110. ‘Parapet’ means a low wall or railing built along the edge of a roof or a balcony.
111. ‘Parking space’ means an area enclosed or unenclosed, covered or open sufficient in size to park vehicles together with a drive-way connecting the parking space with a public street or any public area and permitting the ingress and egress of the vehicles.
112. ‘Partition’ means an interior non-load bearing barrier, one storey or part-storey in height.
113. ‘Partition Wall’ includes
(i)A wall forming part of a building and being used or constructed to be used in any part of the height or length of such wall for separation of adjoining buildings belonging to different owners or constructed or adopted to be occupied by different persons; or
ii) A wall forming part of a building and standing in any part of the length of such wall, to a greater extent than the projection of the footing on one side or ground of different owners.
114. ‘Plinth’ means the portion of a structure between the surface of the surrounding ground and surface of the floor immediately above the ground.
115. ‘Plinth Area’ means the built up covered area measured at the floor level of the basement or of any storey including balconies but excluding ducts/ services and lift shaft ( except in the lowermost floor of lift shaft) and open cutout areas.
116. ‘Plinth Level’ means the level of the floor of a building immediately above the surrounding ground.
117. ‘Plot / Site’ means a parcel of land enclosed by definite boundaries having a means of access.
118. ‘Porch or Portico’ means a roof cover supported on pillars or cantilevered projection for the purpose of pedestrian or vehicular approach to a building without any structure above.
119. ‘Premium F.A.R. means the FAR over and above the permissible FAR allowed, on collection of additional fee as prescribed in the Zoning Regulations.
120. ‘Prohibited area’ means any area specified or declared to be a prohibited area under section 20A of the Ancient Monuments and Archeological Sites and Remains Act, 1958 (Central Act 24 of 1958).
121. ‘Promoter’ means –
(i) A person who constructs or causes to be constructed an independent building or a building consisting of Apartments, or converts an existing building or a part thereof into Apartments, for the purpose of selling all or some of the Apartments to other persons and includes his assignees; or
(ii) A person who develops land into a project, whether or not the person also constructs structures on any of the plots, for the purpose of selling to other persons all or some of the plots in the said project, whether with or without structures thereon; or
(iii) Any development Authority or any other Public body in respect of Allottees of –
a. Buildings or Apartments, as the case may be, constructed by such Authority or body on lands owned by them or placed at their disposal by the Government; or
b. plots owned by such Authority or body or placed at their disposal by the Government; for the purpose of selling all or some of the Apartments or plots, or
(iv) An Apex State level co-operative housing finance society and a primary co-operative housing society which constructs Apartments or buildings for its members or in respect of the Allottees of such Apartments or buildings; or
(v) Any other persons who acts himself as a builder, coloniser, contractor, developer, estate developer or by any other name or claims to be acting as the holder of a power of attorney from the owner of the land on which the building or apartment is constructed or plot is developed for sale; or
(vi) such other person who constructs any building or apartment for sale to the general public
Explanation – For the purpose of this clause, where the person who constructs or converts a building into apartments or develops a plot for sale and the persons who sells apartments or plots are different persons, both of them shall be deemed to be the promoters and shall be jointly liable as such for the functions and responsibilities specified, under this Act or the rules and regulations made there under; For the purpose of this clause, Apartment, whether called block, chamber, dwelling unit, flat, office, showroom, shop, go down, premises, suit, tenement, unit or by any other name, means a separate and self-contained part or an immovable property, including one or more rooms or enclosed spaces, located on one or more floors or any part thereof, in a building or on a plot of land, used or intended to be used for any residential or commercial use such as residence, office, shop, showroom or go down or for carrying on any business, occupation, profession or trade or for any other type of use ancillary to the purpose specified; This is synonymous to Developer.
122. ‘Protected monument’ means an ancient monument which is declared to be of national importance by or under the Ancient Monuments and Archeological Sites and Remains Act, 1958 (Central Act 24 of 1958).
123. ‘Public and semi-public building’ means a building used or intended to be used either ordinarily or occasionally by the public such as offices of state or central government or local authorities, law courts, jails, Police Station, a church, temple, chapel, mosque or any place of public worship, Educational, cultural and religious institutions, medical and health institutions, cultural institutions like theatres, opera houses etc., of a predominantly non- commercial nature.
124. ‘Pump room’ means the room provided below ground level adjacent to the sump tank to house various types of pumps with self-priming mechanism. However, the entrance shaft of the pump room of maximum 2 m x 2 m may be permitted above the ground level.
125. ‘Recreational Club’ means a premise used for assembly of a group of persons for social and recreational purposes with all related facilities.
126. ‘Regulated area’ means any area specified or declared under section 20B under the Ancient Monuments and Archeological Sites and Remains Act, 1958 (Central Act 24 of 1958).
127. ‘Repair Shop’ means a premise similar to retail shop for carrying out repair of house hold goods, electronic gadgets, automobiles, cycles etc.,
128. ‘Restaurant’ means a premise used for serving food items on commercial basis including cooking facilities, with covered or open space or both having seating facilities.
129. ‘Retail Shop’ means a premise for sale of commodities directly to the consumer with necessary storage.
130. ‘Retention Activity’ means an activity or use which is allowed to continue, notwithstanding its non-conforming nature in relation to the use permitted in the adjoining or surrounding area.
131. ‘Road/Street’ means any street, road, square, Court, alley, passage or riding path over which the public have a right of way and includes: -
(a) The roadway over any public bridge or causeway;
(b) The footway attached to any such street, public bridge or causeway; and
(c) The drains attached to any such street, public bridge or causeway and the land, whether covered or not by any pavement verandah or other structure which lies on either side of the roadway up to the boundaries of the adjacent property, whether that property is private property or property belonging to the Government or the Corporation.
132. ‘Road/Street Level or Grade’ means the officially established elevation or grade of the centerline of street upon which a plot fronts, and if there is no officially established grade, the existing elevation or grade of street at its mid-point, at the center of the plot.
133. ‘Road/Street Line’ means the line defining the side limits of a road/street, where existing road width is considered and the road widening line where proposed road width is considered.
134. ‘Road Width or Width of Road/Street’ means the right of way/distance between the boundaries of the property on either side of the road including, carriageway, footways, service road at same level or at different level and storm water drains as laid down in the city survey or Master Plan or the prescribed road lines by any act of law and measured at right angles to the course or intended course of direction of such road.
135. ‘Room Height’ means the vertical distance measured from the finished floor surface to the finished ceiling surface. Where a finished ceiling is not provided, the underside of the joists or beams or tie beams shall determine the upper point of measurement.
136. ‘Service Apartments’ means fully furnished room or suite or rooms with kitchen, which is intended to be used on rental basis.
137. ‘Service Road’ means a road / lane provided adjacent to a plot for access or service purposes as the case may be and shall be parallel to the main road and may or may not be at grade with the main road and shall be partly or fully falling within the proposed road width of the main road.
138. ‘Setback’ means the distance prescribed under the Zonal Regulations of respective LPAs between the plot boundary and the plinth of the building or the covered Cantilever projection of the building in any floor. If cantilever projection of the building is proposed, the prescribed setback shall be provided between the plot boundary and such covered cantilever projection.
139. ‘Set-back Line’ means a line drawn at the setback distance, parallel to the plot boundaries or road widening line as prescribed in the Master Plan / Zonal Regulations, or as decided by the Authority (only road widening line), beyond which nothing can be constructed towards the plot boundaries except as prescribed in the Zonal Regulations.
140. ‘Site Plan’ means a detailed Plan showing the proposed placement of structures, parking areas, open space, landscaping, and other development features, on the plot as required by specific sections of these Bye laws.
141. ‘Spiral Staircase’ means a staircase forming continuous winding curve round a central point or axis provided in an open space having tread without risers.
142. ‘Staircase room’ means a room accommodating the stair and for purpose of providing protection from weather and not used for human habitation.
143. ‘Stair Cover’ means a structure with a covering roof over a staircase and its landing built to enclose only the stairs for the purpose of providing protection from weather and not used for human habitation.
144. ‘Stilt floor’ means open parking area provided at ground level. The height of the stilt floor shall be a minimum of 2.4 m. & maximum of 2.7m height (floor to beam bottom or ceiling whichever is less). The height shall be considered for calculating the total height of the building. In case of mechanical or multi-level parking the maximum height of the stilt floor shall be 3.75m.
145. ‘Storey’ means the space between the surface of one floor and the surface of the other floor vertically above or below. The minimum floor to floor height shall not be less than 2.9m. 146. ‘To Erect’- in relation to a building means:
i) To erect a new building on any plot whether previously built upon or not;
ii) To re-erect any building of which portions above the plinth level have been pulled down, burnt or dismantled.
147. ‘Un-authorised Development’- means the erection or re-erection, addition or alternations which is not approved or sanctioned by the Competent Authority or as defined under Section 76 FF of KTCP Act.
148. ‘Underground/Overhead Tank’ means an installation constructed or placed for storage of water.
149. ‘Utility Area’ means a covered area with at least one side open to the outside with the exception of 1m high parapet on the upper floors to be provided on the open side.
150. ‘Ventilation’- means Supply of outside air into, or the removal of inside air from an enclosed space.
a. Natural Ventilation – means Supply of outside air into a building through window or other openings due to wind outside and convection effects arising from temperature or vapor pressure differences (or both) between inside and outside of the building.
b. Positive Ventilation – means the supply of outside air by means of a mechanical device, such as a fan,
c. Mechanical Ventilation – means supply of outside air either by positive ventilation or by infiltration by reduction of pressure inside due to exhaust of air, or by a combination of positive ventilation and exhaust of air.
151. ‘Water Closet (W.C)’- means a water flushed plumbing fixture designed to receive human excrement directly from the user of the fixture. The term is used sometimes to designate the room or compartment in which the fixture is placed.
152. ‘Window’- means an opening to the outside other than a door, which provides all or part of the required natural light or ventilation or both to an interior space and not used as a means of egress/ingress.
153. ‘Zonal Regulations’ means the regulations of the Master Plan governing land use and developments.
3. JURISDICTION ANDAPPLICABILITY AND PROCEDURAL REQUIREMENTS FOR OBTAINING BUILDING LICENCE
3.1 Jurisdiction of Building Bye Laws
These Building Bye-Laws shall apply to the building activity in the State for all Corporation Cities.
3.2 Applicability of Building Bye Laws
These building byelaws shall be applicable to all building activities undertaken by private or Government agencies and read in conjunction with the Master plan /Metropolitan development plan or any other statutory plan in force, if any, and notifications, if any, with regard to the same and as amended from time to time and these building bye-laws may be reviewed after five years. Till such time the reviewed building byelaws are notified, these building byelaws will continue to be in force.
3.3 Applicability of Bye-Laws for all types of building developments
Except hereinafter or otherwise provided, these Bye-Laws shall apply to all development, redevelopment, erection and/or re-erection of a building whether temporary or permanent as well as to the design, construction of, or reconstruction and additions and alterations to a building.
3.4 Applicability of Bye-Laws for Part construction
Where the whole or part of a building is demolished or altered or reconstructed, except where otherwise specifically stipulated, these Building Bye-Laws shall apply only to the extent of the work involved.
3.5 Change of use or occupancy
Where use of a building is changed, except where otherwise specifically stipulated, these Building Bye-Laws shall apply to all parts of the building affected by the change.
3.6 Requirement in respect of building sites
3.6.1 Damp Sites
Wherever the dampness of a site or the nature of the soil renders such precautions necessary, the ground surface of the site between the walls of any building erected thereon shall be rendered damp-proof to the satisfaction of the Authority.
3.6.2 Minimum Size of Site
The minimum size of sites for the construction of different types of building or different use groups shall be in accordance with provisions of the Master Plan, Zonal Regulations and the Rules framed under Section 17 of KTCP Act 1961.
3.6.3 Sanction for Building Sites
The Building sites which are not located in the approved layouts of the Competent Authority shall have sanction under section 17 of the KTCP Act, 1961, from the Planning Authority before sanction is accorded under these Bye-laws in such sites.
3.6.4 Restrictions on use of land for construction of buildings
No piece of land shall be used as a site for the construction of buildings under the following circumstances:
a) if the site is not drained properly or is incapable of being well drained;
b) if the Authority considers that the site is insanitary or it is dangerous to construct a building on it;
c) if the building is proposed on any area filled up with filthy and offensive matter without a certificate from the Health Officer and Corporation Engineer to the effect that it is fit to be built upon from health and sanitary point of view;
d) if the owner of the building has not shown to the satisfaction of the Authority that all the measures required to safeguard the construction from constantly getting damp are being taken;
e) if the building is for an office or public building including school, theatre or assembly on a site which has not been previously approved by the Authority;
f) if it violates any provisions of and Zonal Regulations and g) if the plot is a revenue site for which permission under the Karnataka Land Revenue Act, 1964 is not obtained under section 95 thereof.
Note: If the proposed use of the building on the plot does not conform to the land use proposals of the Master plan or Zonal Regulations, permission from the Planning Authority for the change of land use has to be furnished.
The reconstruction in whole or part of a building which has ceased to operate due to fire, natural collapse or demolition having been declared unsafe, or which is likely to be demolished by or under an order of the Authority as the case may be and for which the necessary certificate has been given by the Authority.
3.8 Existing approved building
Nothing in these Bye-Laws shall require the removal, alteration or abandonment nor prevent continuance of the lawfully established use or occupancy of an existing approved building unless, in the opinion of the Authority such a building is unsafe or constitutes a hazard to the safety of adjacent property or to the occupants of the building itself.
3.9 Development of Buildings
3.9.1 Building Licence:
No person shall erect, re-erect or make addition/ alterations in any building or cause the same to be done without, first obtaining a separate building license for each such building from the Authority.
3.9.2 Building Licence obtained before these bye-laws:
Where any building licence which has been issued by the Authority before the commencement of these Building Bye-Laws and where construction is in progress and has not been completed within the specified period from the date of such licence, the said permission shall be deemed to be sanctioned under these Bye-Laws and shall only be eligible for revalidation there under. Accordingly, where the validity of sanction has expired and construction has not commenced, construction shall be governed by the provisions of these Building Bye-Laws.
3.10 Procedure for obtaining building licence
3.10.1 Registration of Stake Holders
The following Stake Holders involved in the development activities in the ULB shall register themselves with the Authority, as per the procedure prescribed in Appendix-I
a. Promoters/ Developers who intend to undertake developments within the jurisdiction of the Authority.
b. Land owners who intend to undertake any building activity as per these bye-laws
c. Professionals for preparing plans and details for obtaining sanction from the Authority (as detailed in Appendix-II) and NOCs from different departments (as detailed in Appendix-IV), referred as professionals for drawings.
d. Professionals who intend to supervise the implementation of various components specified in the plans sanctioned by the Authority, referred as professionals for supervision.
e. Professionals who are empanelled by the Authority (as detailed in Appendix-I) to certify the constructions / implementations as per the provisions of the approved plans and also to sanction building plans as notified by the Government. and
f. Contractors or Agencies implementing major components of the developments.
3.10.2 Application for building plan approval:
Every person (Owner or his authorised representative, including Promoter / Developer ) who intends to erect, re-erect or make alteration in any place in a building or demolish any building, shall apply in Form-I along with the required documents (as detailed in AppendixVI) and payment of necessary fees (as detailed in Appendix-VII) along with all the drawings and details for obtaining building licence prepared by the professionals on record to prepare plans and details for obtaining licence from the Authority (as detailed in Appendix- II) and obtaining NOCs from other departments as applicable (as detailed in Appendix-IV). The Applicant shall also submit the application in Form-II, as applicable, for obtaining the required NOCs, along with payment of necessary fees.
3.10.3 Verification of documents submitted:
The CEO of the Authority shall verify the documents submitted along with the application and if found in order, will accept the application. In case of any discrepancy, an endorsement shall be issued in Form III to the applicant stating the discrepancy and the applicant may rectify the same and resubmit to the Authority.
3.10.4 Evaluation of Technical details submitted:
(1) If the application is accepted after finding that the documents submitted along with the application are in order, the TPO of the Authority or the empanelled professional or the designated officer notified by the Government shall evaluate the Technical drawing and details submitted by the Applicant, for compliance with the provisions of the Master plan, ZR and Bye-laws and compliance of the conditions incorporated for obtaining NOCs from different departments and submit the evaluation report to the CEO of the Authority, with noting of discrepancy, if any. The CEO shall approve the evaluation report with or without accepting the noting of discrepancy.
(2)In case the noting of discrepancy is accepted by the CEO, an endorsement shall be issued in Form IV to the applicant stating the discrepancy and the concerned professionals on record for drawings may rectify the same and resubmit to the Authority.
3.10.5 Forwarding details to obtain NOCs and issuing NOCs:
(1) If the Technical drawing and details submitted are complying with the provisions of the Master Plan, ZR and Bye-laws and the requirements for obtaining NOCs from different departments, the CEO of the Authority shall forward the application, technical drawings and details submitted for NOCs to the concerned departments stating the timelines within which the NOCs have to be issued, (as detailed in Appendix-VIII), failing which the NOCs would be deemed to have been issued.
(2)All the respective departments shall verify the drawing and details submitted along with the application of the NOC and if found in order shall issue NOC within the time lines specified in Appendix-VIII, with or without site inspection, as required and forward the NOC to the Authority.
(3)In case of any discrepancy, the concerned department shall issue endorsement to the applicant stating the discrepancy and the concerned professionals on record for preparing the plans for NOC may rectify the same and resubmit to the concerned Department.
3.10.6 Submission of Site Inspection Report
(1)If the Technical drawings and details submitted are accepted by the CEO, CEO of the Authority shall select the Empanelled professional (based on the qualification and competence notified by the Government and the procedure specified in Appendix-V) and inform the Empanelled professional in Form-V to inspect the site and submit Site Inspection Report for approval of site plan.
(2)On receipt of intimation from the Authority, the selected Empanelled professional shall inspect the site and submit site inspection report (as detailed in Appendix-IX) in Form-VI to the Authority, with noting of discrepancy, if any. The CEO of the Authority shall approve the site inspection report.
3.10.7 Action in case of discrepancy in site inspection report.
If the noting of discrepancy in the Site Inspection Report submitted by the Empanelled professional, is accepted by the CEO, an endorsement in Form-VII to the applicant stating the discrepancy and the concerned professionals on record for drawings may rectify the same and resubmit to the Authority. The TPO of the Authority shall verify the resubmitted drawings and details for compliance of the noting of discrepancy accepted by the CEO and forward the same to the CEO and the CEO shall accept the same.
3.10.8 Sanctioning of Building Licence
(1)On receipt of all the required NOCs from the concerned departments, or deemed NOCs issued by the Authority (in case NOCs are not issued by the concerned departments within the timelines specified in Appendix-VIII) and all the technical drawings and details accepted by the Authority and the Site Inspection Report being consistent with the details submitted by the applicant, the CEO of the Authority shall sanction the Building Licence within the timelines specified in Appendix-VIII.
(2)The Authority shall intimate the Applicant to pay the required fees (as specified in Appendix-VII for the various NOCs as well as the Building Licence.
(3) The CEO of the Authority shall issue the various NOCs received from the concerned departments and sanction building licence after receiving the required fees from the Applicant.
3.11 Plans for Sanction
All Building plans submitted to the authority shall be prepared as per the Jurisdictional Master Plan, Zonal Regulations and Building Bye-laws.
3.11.1 Key Plan:
The key plan to be submitted along with the application shall be the related portion of the approved road map of the Authority on which the plot (on which Building sanction is applied for) is located (As detailed in Appendix-IIA).
3.11.2 Site Plan: (As detailed in Appendix-IIB)
3.11.3 Floor Plan of parking areas (As detailed in Appendix-II C)
3.11.4 Floor Plan of other uses (As detailed in Appendix-II D)
3.11.5 Sections of buildings (As detailed in Appendix-II E)
3.11.6 Elevations of buildings (As detailed in Appendix-II F)
3.11.7 Drawings for all services provided
a) Electrical system including energy saving measures and use of renewable energy (As detailed in Appendix II-Ga)
b) Water supply system including water conservation measures (As detailed in Appendix IIGb)
c) Rain water harvesting and ground water recharging systems (As detailed in Appendix IIGc)
d) Sewerage system including STP and usage of treated water (As detailed in Appendix IIGd)
e) HVAC System (As detailed in Appendix II-Ge)
3.11.8 Landscape plan(As detailed in Appendix-II-H)
3.11.9 Circulation Plan indicating vehicular and pedestrian movement and parking facilities including traffic impact study and report (As detailed in Appendix-II-I)
3.11.10 Structural Drawings and details (As detailed in Appendix-II-J)
3.11.11 Green Building drawings and details (As detailed in Appendix-II-K)
3.12 Signing of plans
3.12.1 Signing the Building Plans:
All plans for submission to the Authority shall be signed by the owner(s) and by the competent professionals on record (to prepare the required plans for sanction) for the building.
3.12.2 Signing of plans for NOC:
All plans for submission to different departments for NOC, shall be signed by the owner(s) and by the Competent professionals on record (to prepare the required plans for NOCs) for the construction project.
3.13 Alteration / Modification / Addition in Plans
The concerned professional on record for preparing the particular plan which has to be altered, modified or added, shall make the necessary changes and submit to the Authority with joint validation of applicant along with an application in Form-I and payment of required fees.
3.13.1 Alterations exempted from obtaining building licence
No building licence is necessary for the following alterations, which donot otherwise violate any provisions regarding general building requirements, structural stability and fire safety requirements of these Bye-Laws;
a) Plastering and patch repairs;
b) Re-roofing or renewals of roof including roof of intermediate floors at the same height;
c) Flooring and re-flooring;
d) Opening and closing of windows, ventilators and doors not opening towards other properties and / or public road/property;
e) Replacing fallen bricks, stones, pillars, beams etc.
f) Construction or re-construction of sunshade not more than 75cm in width within one’s land and not overhanging over a public street;
g) Construction or re-construction of parapet not more than 1.5 m. in height and also construction or re-construction of boundary wall as permissible under these Bye-Laws;
h) White-washing, painting, etc. including erection of false ceiling in any floor at the permissible clear height provided the false ceiling in no way can be put to use as a loft etc.;
i) Reconstruction of portions of buildings damaged by storm, rains, fire, earthquake or any other natural calamity to the same extent and specification as existed prior to the damage provided the use conforms to provisions of Master Plan/Zonal Regulations;
j) Erection or re-erection of internal partitions provided the same are within the purview of the Bye-Laws.
3.14 Fees for sanction of Building licence
Every person intending to construct or reconstruct or alter any building shall pay to the Authority fund, the various fees prescribed in Appendix-VII. The Authority or the Government shall prescribe the rate of fees, time to time.
3.15.1 Sanction by the Authority
The Authority shall sanction the building plan by signing the Building Licence in Form-VIII and the drawings.
3.15.2 Sanction by Empanelled Professionals:
Competent Professionals empanelled with the Authority, shall be authorized to issue building licence as notified by the Government.
3.15.3 Grant of Licence or Refusal
a) The Authority shall either sanction or refuse sanction to the plans and specifications or may sanction them with such modification or directions as it may deem necessary as per these Byelaws.
b) In case where the building scheme requires the clearance of an Urban Art Commission, if constituted for the city then the Authority shall issue the building license only after getting the clearance from the Urban Art Commission.
c) The licence shall be issued by the Authority for the different types of buildings within the timelines prescribed in Appendix-VIII, failing which the sanction shall be deemed to have been accorded, provided that the failure to sanction the licence by the Authority within the timelines is immediately brought to the notice of the Authority in writing by the person who has applied for licence. Nothing shall be construed to authorize any person to do anything in contravention or against the terms of the lease or title of the land or against any regulations, Bye-Laws or ordinance operating at the time of execution of the work at site.
d) It is further clarified that:
i) The above provision of deemed sanction shall be applicable only in those cases where the building plan are in conformity with the Master Plan/Zonal Regulations/Bye-laws.
ii) No application under Clause3.10.2 shall be valid unless the information required by the Authority under these Bye-Laws or any further information which may be required has been furnished to the satisfaction of the Authority. and
iii) The Owner/ Competent Professional on record (for drawings and supervision) and the Empanelled professionals certifying the works at site shall be fully responsible for any violation of Master Plan/Zonal Regulations/ Building Bye-Laws, etc. In case of any default they shall be liable for action as per the provisions of Rules framed under Section 73 and Section 76 FFF of KTCP Act, 1961. Any construction so raised shall be liable for action as per the provisions of Rules framed under Section 76 F of KTCP Act, 1961.
3.15.4 Duration of Sanction, Revalidation and revised Sanction
Once a building license is sanctioned, it shall remain valid for a period of two years from the date of sanction for residential, industrial and commercial buildings for commencement of work at site.
The project shall be completed within the timelines prescribed in Appendix-VIII. The validity period of sanction shall be extended as specified in Appendix-X in case of additions / alterations proposed in the project. If multiple blocks / buildings are proposed in the sanctioned plan, a schedule of executing the blocks in sequence has to be specified and the validity of sanction shall be extended accordingly as specified in Appendix-X.
If the Applicant intends to avail extension for the validity period of the sanction, he shall make an application stating the reason for not completing the project within the validity period and the validity of sanction shall be extended for the requested period after paying the revalidation fees prescribed in Appendix-VII. Revalidation shall not be permitted if the construction has not commenced within the validation period of two years from the date of sanction. In such cases the Applicant has to apply for revised sanction as per the Master Plan / Zonal Regulation and Building Bye-laws as in force at the time of application of revised sanction.
3.15.5 Revocation of Licence:
The Authority shall revoke any building licence issued under the provisions of these Bye-Laws, wherever there has been any false statement, misrepresentation of material facts in the application on which the building licence was based or if during construction it is found that the Owner has violated any of the provisions of these Building Bye-Laws or sanctioned plan or compoundable limits. Fresh sanction of building plans and occupancy certificate shall be taken from the Authority after bringing the building within the framework of Master Plan/ Zonal Regulations/Building Bye-Laws.
3.15.6 Qualification and Competence
Qualification and competence of all professionals registered for preparing the various plans / drawings and details for Sanction and NOC, to supervise the execution of the various components of different types of projects and the professionals empanelled by the Authority to certify the various components of the building executed at site and to sanction licence for buildings shall be as notified by the government.
3.16 Execution of works at site
3.16.1 Construction to be in Conformity with Bye-Laws Owners’ liability:
Neither the granting of the permission nor the approval of the drawing and specification, nor inspection by the Authority or the empanelled professional during erection of the building shall in any way relieve the Owner of the building or the promoter on behalf of the owner, from full responsibility for carrying out work in accordance with these Bye-Laws.
3.16.2 Commencement of work:
The owner, within the validity period of the building plan sanction given, shall start the construction work at the site for which building license has been granted under the supervision of the professionals on record as per the competence given notified by the Government. The owner and the professionals on record for supervising the works at site shall be required to follow the procedure during construction work as prescribed in these bye-laws.
3.16.3 Appointment of professionals on record for supervision
The owner, to whom a licence is issued, shall appoint the required number of professionals on record as notified by the Government, to supervise the construction of the various components of the building, before the commencement of works at site and also specify the principal professional on record for supervision of works who shall issue the completion certificate.
3.16.4 Intimation of commencement of work at site
(1)The applicant and the principal professional on record for supervising the works executed at site (and in the absence of appointment of such professional on record, the professional on record for preparing the Architectural drawings for sanction), shall intimate the Authority within the 5th day of every month from the date of sanctioning the building licence, that the construction work has not commenced at site, along with the letter of undertaking in that the work has not commenced at site.
(2)The Applicant and the principal professional on record for supervising the works, shall intimate the Authority at least one day before the commencement of works at site.
3.16.5 Documents at Site:
(1)The person to whom a licence is issued shall, during construction, display in a conspicuous place on the exterior wall / fence near the entrance gate to the site, in Form-IX.
(2)The details specified in Appendix-XI shall be maintained in the site office throughout the period of construction, until occupation certificate is issued by the Authority and shall be available for verification of the Authority or the empanelled professional appointed by the Authority for certification of works.
3.16.6 Preparatory works at site that need not be intimated
The following works may be carried out in the site without intimation to the Authority
a) Temporary fencing of the boundaries of the site with required number of gates.
b) Temporary site office, stores, toilets, laboratory, medical facilities for workers etc.
c) Temporary accommodation, dining, kitchen and toilets for workers
d) Day care facilities for the children of workers, etc.
e) Foundation and other temporary structures for erecting of plant and machinery, water tanks etc. Such other temporary structures to facilitate the construction of the sanctioned building but not part of the sanctioned building.
3.16.7 Procedure during construction
a) The Applicant and the principal professional of record for supervision of works shall intimate the Authority in, the completion of various stages of construction prescribed in AppendixXII, for certification by Empanelled professional.
b) On receiving the intimation from the Applicant, the Authority shall inform the selected Empanelled professional to certify the stage of completion of work intimated.
c) The Empanelled professional shall inspect the site and after checking the work completed as indicated, certify the same in Form-X within three days of receiving intimation.
d) During inspection, according to the Empanelled professional, if the work executed by the Applicant is not as per the approved plans, specifications and other provisions of these Byelaws, he shall intimate the Authority in Form-X, stating the defects in the works executed, along with the photos of such defective works.
e) On receiving intimation from the Empanelled professional regarding the defects in the works executed at site, the CEO of the Authority shall issue endorsement to the Applicant in FormXI, to rectify the defects, as indicated by the Empanelled professional.
f) On receiving the endorsement from the Authority, the Applicant shall rectify the defects and intimate the Authority.
g) According to the Applicant or the concerned professional on record for supervision of work (for which endorsement is received from the Authority), if the defects mentioned in the endorsement is incorrect, the Applicant may file objection, to the Authority, stating the correctness of the works executed, along with the photos to prove the correctness, if required.
h) If objection is received from the Applicant, the CEO of the Authority shall conduct joint inspection along with the Applicant, the concerned professional on record and the Empanelled professional by giving notice to all, to conduct joint inspection within seven days of receiving objection.
i) During the joint inspection, the CEO of the Authority, after hearing the views of both the parties, shall either accept or reject the objection raised by the Applicant and instruct the Applicant accordingly after making his inspection report in Form-XII and the Applicant shall abide by the decision of the Authority and rectify the defects mentioned in Form-XII, if any and intimate the Authority.
j) On receiving the intimation of defect rectification by the Applicant, the Authority shall inform the Empanelled professional to inspect and certify the rectified work.
k) The Empanelled professional shall inspect the site and after checking the work rectified as indicated in Form-XII, certify the same within three days of receiving intimation and inform the CEO.
3.16.8 Inability of Empanelled professional to certify the works and selection of alternate professional
(a)If the Empanelled professional selected by the Authority, to certify the execution of any component of the building, is unable to inspect the site within 3 days from the date of receiving the intimation, he may request for additional time of maximum 3 days. If the selected empanelled professional is unable to inspect the site and certify the works within 6 days of receiving the intimation, he may intimate the same stating the reason for his inability to inspect the site for certification.
(b)On receiving intimation from the selected empanelled professional, the Authority shall select alternate empanelled professional and inform to inspect the site and certify the work intimated by the applicant.
3.16.9 Action against works executed without intimation and works not rectified
(1)Any works executed in the building without the certification of the preceding works specified in Appendix-XII and the works not rectified as intimated in Form-X, shall be liable for penalty as per the rules framed under Section 76F of KTCP Act, 1961.
(2)In such cases, the owner or the promoter, as the case may be, and the professional on record for supervising such works shall also be liable for action as per the rules framed under Section 73 and Section 76FFF of KTCP Act, 1961.
3.16.10 Changes to be made in the approved plans, during the execution of works:
If the Applicant intends to make any changes / deviations in the building from the sanctioned plan, the concerned Professional on record for preparing the particular plan, which has to be altered, modified or added, shall make the necessary changes and submit to the Authority with joint validation of applicant along with an Application in Form-I and payment of required fees. Any such proposed changes from the sanctioned plans shall be as per the provisions of the Master Plan and its Zonal Regulations, these Byelaws or any other relevant laws. The proposed changes shall be executed at site only after the same is submitted to the Authority.
3.17 Completion of project and issuing Completion Certificate
3.17.1 Issuing completion certificate
On completion of all works at site that have been certified by the empanelled professionals as specified in Appendix-XII, as per the specifications and other provisions of these Bye-laws, the principal professional on record for supervising the works, shall issue Completion Certificate in Form-XIII, endorsed by all other concerned professionals on record for supervising various components of the building along with the certification of Structural design and safety in Form-XV.
3.17.2 Application for approval of works from other departments
a) The professional on record for preparing drawings and details for all the applicable NOCs from other departments, for the project, shall submit the required applications in Form-II (any or all of a, b, c, d, e, f, g, h, i and j, as applicable),for approvals from other departments for the construction done at site as per the NOCs issued.
b) On receiving the Completion Certificate and the application to various departments for approving the works executed at sites as per the NOCs issued, the Authority shall intimate all the concerned departments which have issued NOCs, along with the certification done by the empanelled professional, for issuing the prescribed certificate of approval for the construction done at site, wherever applicable.
c) On receiving the intimation from the Authority, the concerned departments which had issued NOCs, shall issue the required certificates of approval for the construction done at site, wherever applicable, with or without site inspection.
d) During the site inspection, according to the designated officer of the concerned department, if any of the works executed at site is not as per the conditions/specifications of the NOC issued, he shall issue endorsement through the Authority, to the applicant, along with the photographs of the defective works, to rectify the defects.
e) On receiving the endorsement from such departments through the Authority, the applicant shall rectify the defects and intimate the concerned department.
f) According to the Applicant or the concerned professional on record for supervision of work (for which endorsement is received from the concerned department), if the defects mentioned in the endorsement is incorrect, the Applicant may file objection, to the concerned department and the Authority, stating the correctness of the works executed, along with the photos to prove the correctness, if required.
g) If objection is received from the Applicant, the CEO of the Authority shall conduct joint inspection along with the Applicant, the concerned professional on record, the Empanelled professional and the designated officer of the concerned Department who has issued the endorsement for defective work, by giving notice to all, to conduct joint inspection within seven days of receiving objection.
h)During the joint inspection, the CEO of the Authority, after hearing the views of both the parties, shall either accept or reject the objection raised and instruct the Applicant accordingly after making his inspection report in Form-XII and the decision of the CEO shall be final. The Applicant shall abide by the decision of the Authority and rectify the defects mentioned in Form-XII, if any and intimate the Authority.
i) On receiving the intimation of defect rectification by the Applicant, the Authority shall inform the Empanelled professional to inspect and certify the rectified work.
j) The Empanelled professional shall inspect the site and after checking the work rectified as indicated in Form- XII, certify the same in Form- X within three days of receiving intimation.
k) The Authority shall forward the certification issued by in Form-X by the empanelled professional, to the concerned department and the concerned shall issue the required certificated of approval for the construction done at site, with or without site inspection.
3.18 Occupancy Certificate
On receiving the completion certificate in Form-XIII and certificates of approval from the concerned departments or as certified by the Authority as specified in Clause 3.17.2(h), (i) and (k), the Authority shall issue Occupancy Certificate in Form-XIV to the building constructed as per these Bye-laws.
3.18.1 Occupancy or letting of the new buildings–
No person shall occupy or allow any other person to occupy any new building or part of a new building for any purpose whatsoever until occupancy certificate to such buildings or part thereof has been granted.
3.18.2 Occupancy/ Part Occupancy Certificate for Phased Project
In such cases where a project has not been completed at one stretch but constructed in different stages, part occupancy certificate for the building otherwise complete in all respects, may be issued subject to the condition that such a part occupancy certificate would apply to an independent block/building of the sanctioned project. In case of a residential house part occupancy certificate may be issued for an independent floor. The remaining construction shall be completed in the validity period.
3.19 Connection to the municipal sewer / water mains
a) Temporary connection for water, electricity or sewer, permitted for the purpose of facilitating the construction, shall not be allowed to continue in the premises without obtaining completion/occupancy certificate.
b) No connection to the Municipal water mains or to the Municipal sewer line with a building shall be made without the prior permission of the Authority and without obtaining occupancy certificate.
c) In case the use is changed or unauthorized construction is made, the Authority is authorized to discontinue such services or cause discontinuance of such services.
4. DEVELOPMENT REGULATIONS
The provisions contained in Master Plan/Zonal Regulations shall apply and where these are silent on such issues or which require interpretation the norms as decidedly the Authority, shall apply. The provisions include but are not limited to the use/activity of premises, ground coverage, FAR, setbacks, open space, height and parking standards for Residential premises on plotted development, Group housing, Resettlement colonies, Slums, In-situ up gradation, Nonresidential premises. The permission of uses/use activities in use premises shall be permitted in accordance with provisions of Master Plan and Zonal Regulations. The object of these regulations is to provide control for building/buildings within use premises excluding the internal arrangement, which is covered and controlled by Building Bye-Laws.