02-Procedure for Sanction
PROCEDURE FOR SANCTION (CHAPTER III)
4. Notice for erection or alteration of a building
(1) Every person who intends to erect a new building on any site whether previously built upon or not or re-erect or make addition to or alteration of any building shall apply for sanction by giving notice in writing to the Municipal Commissioner.
(2) Every such notice for erection/ re-erection/ addition/ alteration shall be in the form as specified in Schedule I, one copy of which shall be submitted along with all the enclosures required under these rules.
The application shall contain, in addition to the notice as aforesaid, duly stamped and legally enforceable declarations, indemnities etc., as required. Except in case of a residential building to be erected or re-erected or altered on a plot of five hundred sq. m. or less of land, the notice shall be accompanied by six sets of :
a) Key (location) Plan, b) Site Plan , c) Building Plan (Architectural) , d) General Specifications.
In case of a residential building to be erected or re-erected or altered on a plot of five hundred sq. m. or less of land, one set of the aforesaid is to be submitted.
(3) The notice shall be accompanied by copies of documents showing that the applicant has exclusive right to erect, re-erect or alter any building or portion thereof upon the land.
(4) In the case of a site or plot measuring 500 sq. m. or more to which, the Urban Land (Ceiling and Regulation) Act, 1976, (33 of 1976) applies, the notice shall be accompanied by a “no objection certificate” from the competent authority, appointed under clause (d) of section 2 of the said Act 33 of 1976, to the effect there is no objection in respect of transfer of the site or plot under sub section (3) of section 5 of the said Act. Provided that the requirement as aforesaid shall be deemed to have been waived on the failure of the competent authority to furnish the certificate within three months from the date of reference to it.
(5) In the case of a plot referred to in section 364, the notice shall be accompanied by a certificate from the Municipal Commissioner that it is a plot included in the layout plan as approved by the Mayor-in-Council under section 365 along with a statement of the conditions of such approval.
(6) The notice shall, in accordance with the provisions of sub-section (1) or sub-section (2), as the case may be, of section 395 specify in terms of sub section (2) of section 390:
(a) the purpose for which the building is intended to be used, or
(b) the purpose for which the building is proposed to be used after execution of any of the works referred to in clauses (b) to (m) of sub section (1) of section 390 or after alteration, and shall also be accompanied by a declaration by the applicant in a form as specified in Schedule II to the effect that he shall comply with the requirements of section 416 at all times.
(7) In case, the intended use of the building is such that under section 425 a license or permission is required from Government or any statutory body under any law for the time being in force, or from the Municipal Commissioner under any of the provisions of Chapter XXIII of the Act, the notice shall state the nature of the use of the building proposed to be erected, re-erected or altered with reference to the relevant section under Chapter XXIII of the Act or any other law for the time being in force, and shall be accompanied by duly authenticated copies of such license or permission wherever applicable, before such erection, re-erection or alteration:
Provided that in case where such license or permission cannot be produced along with the notice, the applicant shall clearly state that he is seeking provisional sanction in the notice in question.
(8) The notice shall, where necessary, be accompanied by a declaration of the applicant that necessary permission under Section 63 of the Calcutta Improvement Act, 1911 (Bengal Act V of 1911) has been obtained.
(9) The notice shall be accompanied by duly authenticated copies of receipts showing payment of tax to the Corporation upto the quarter previous to the date of the application in respect of the land, building or portion thereof upon which the building is proposed to be erected, re-erected, or altered, and a declaration stating that there is no arrear dues payable to the Corporation.
(10) The notice shall be accompanied by a composite declaration of the applicant in the form as specified in Schedule III covering the following :-
(a) that the work of erection, re-erection or alteration will be supervised by an Architect /Licensed Building Surveyor, a Structural Engineer and a Geo Technical Engineer as the case may be as may be required under these rules;
(b) that the works relating to water supply, drainage and sewerage shall be supervised by an environmental engineer or licensed plumber, as may be required under these rules;
(c) that no building materials shall be deposited in any street except with the prior written permission of the Municipal Commissioner and on deposit of fees for stacking materials as per demand raised by the Corporation and that the same will be stacked only at a place as may be directed by the Corporation;
(d) that the applicant will make plantation as per Corporation's guidelines in the open spaces of the site.
(11)The notice shall also be accompanied by a general undertaking of the applicant in the form as specified in Schedule IV.
(12) In a case involving piling work, deep foundation work or construction of basement or any other underground structures, including superstructure, the notice shall be accompanied by an Indemnity Bond as specified in Schedule V.
(13) An additional set may be required to be submitted alongwith structural plan, design calculation as well as geo technical report (if applicable) before issuance of sanction.
(14) All the plans enclosures and statements shall be signed by the Architect / Licensed Building Surveyor, a Structural Engineer and a Geo Technical Engineer as the case may be, and also by the person intending to erect, re-erect, or alter the building.
(15) The applicant shall, at the time of giving the notice, be required to deposit as application fee such amount as may be determined by the Corporation.
(16) The applicant shall, prior to the sanction of the building plan, be required to produce the originals of all documents, duly authenticated copies of which may have been enclosed with the notice, for scrutiny by the Municipal Commissioner.
(17) The applicant shall also have to fully indemnify the Corporation in respect of all actions, suits, proceedings, claims or damages from any third party arising out of the acts or omissions of the applicant. Such indemnity should be in the form specified in Schedule V.
(18) In the event, boundaries are not mentioned in the title document submitted by the applicant and there is no site plan forming part of such document, a deed of declaration containing boundary details of the boundary and land area, should be registered with the appropriate registration authorities and submitted along with the notice.
(19) The notice shall also be accompanied by a certified copy of the registered deed of gift recording gift of land to the Corporation, where necessary.
5. Key (Location) Plan
The Key Plan drawn to a scale of not less than 1: 4000 shall show the boundary of the location of the site with respect to neighborhood landmarks and public streets
6. Site Plan
The Site Plan drawn to a scale of 1: 600 (except in respect of a site more than 5000 sq. m; where a scale of not less than 1: 1000 can be used) shall show:
(a) the boundaries giving dimensions of the site and of any contiguous land belonging to the owner thereof
(b) the position of the site in relation to neighbouring street or street within a distance of 25 m. of the site and if there is none the name and the distance of the nearest existing street.
(c) the name or names of street or streets and widths thereof on which the site abuts.
(d) the means of access from the street or passage to the building in respect of which sanction is sought for and to other existing building (if any) and other buildings which the applicant intends to erect upon his contiguous land, if any.
(e) all existing buildings or structures on, over or under the site or projecting beyond it,
(f) the position of the building which the applicant intends to erect or alter in relation to –
(i) the boundaries of the site,
(ii) any existing building or structure upon his contiguous land (with number of storeys and height) or any building or structure which the applicant intends to erect upon such land.
(iii) all other existing premises, buildings or structures (with number of storeys and height) within a distance of twelve metres of the site.
(g) the open spaces to be provided for the building under these rules,
(h) the position on the site of –
(i) any tube-well, existing or proposed, with reference to section 248
(ii) supply pipes, or any underground water reservoir for conveying to the premises the supply of wholesome or unfiltered water from the service mains of the Corporation, and pipes, septic tanks, house drains or other means of communication with any municipal drain, or the traps or apparatus connected therewith, with reference to section 313.
(i) the position of any receptacles for temporary deposit of solid wastes, existing or proposed with reference to section 340.
(j) the direction of the north point relative to the plan of the building.
7. Building Plan
(1) Building plans, elevations and sectional elevations drawn to scale of 1:100 and in case of sites whose area exceeds 5000 sq. m., drawn to a scale of 1:200, with part drawing in a suitable larger scale for clarity, if need be, shall include and show : (a) floor plans together with covered area of each floor including in the case of the ground floor and basements, the ground coverage in relation to the area of the plot, means of access and open spaces, floor plan of any accessory building or buildings and basement plan, if any, clearly indicating the size and spacing of all supporting members and sizes of rooms and details of foundation.
(b) terrace plan indicating the drainage and the slope of the roof including position of rainwater pipes.
(c) the position and width of any staircase, escalator, travelator, ramp or other exit way and of any lift well, lift machine room and lift pit.
(d) a plan showing the position of pipes, underground and overhead reservoirs for water supply and house drains, septic tanks if any or means of communication with any municipal drain or the traps or of apparatus connected therewith in conformity with section 313.
(e) schedules of doors, windows and ventilators,
(f) details of parking layout plan, if any, along with maneuvering space for loading and unloading.
(g) appurtenant open spaces required under these rules,
(h) any projections beyond the regular line of street,.
(i) the position of any receptacles for temporary deposit of solid waste in conformity with the provisions of section 340.
(j) a description of the proposed use or occupancy of each part of the building.
(k) elevations of all sides of the building facing the street/streets.
(1) sectional drawings indicating clearly the sizes of footings, thickness and depth of basement from ground level, sizes and spacing of framing members, floor slabs and roof slab with their materials, height of building, rooms and parapet and at least one section through each of the staircase, toilets, ramps and lift well with machine room, Provided that the structural plan giving details of all structural elements and materials to be used along with structural calculations need not be submitted along with the notice for application of sanction but shall have to be submitted prior to issuance of sanction in 4 sets;
(m) the direction of the north line relative to the plans.
(2) In case of a residential building exceeding 20.0 m. in height or a non-residential building, the building plan shall, in addition to the provision of sub-rule (1) also show as required by the Municipal Building Committee the following :
(a) special requirements as to access, circulation, building services and safety, human health and fire safety based on occupancies/ use group as laid down in National Building Code of India and in the West Bengal Fire Services Act, 1950,
(b) parking layout plan showing parking spaces, driveways together with ingress/ egress arrangements,
(c) width of main and alternate staircase along with balcony approach, corridor, ventilated lobby approach,
(d) location and details of lift enclosures,
(e) location and size of fire lift,
(f) smoke-stop lobby/door, where provided,
(g) details of exits including provision of ramps in the case of hospitals and for special risks,
(h) location of smoke exhauster and fan,
(i) location of smoke exhauster in basement,
(j) details of fire alarm network,
(k) location of centralized control connecting the alarm system, built-in fire protection arrangements and public address system,
(1) location and dimensions of static water storage tank and pump room along with fire service inlets for mobile pump and water storage tank,
(m) location and details of fixed fire protection installations such as sprinklers, wet risers, hose reels, drenchers and carbon dioxide installation,
(n) location and details of first aid equipment,
(o) special requirements, if any of occupancies for residential building educational building, institutional building, assembly building, business building, mercantile building, storage building, industrial building and hazardous building under these rules,
(p) location for installation of a sub-station for electric supply, transformer, generator and switch gear room,
(q) location of the air-conditioning plant room, if any,
(r) plan for installation of boilers, if any,
(s) refuse chutes and refuse chamber (if any) and
(t) location for signs and outdoor display structures (if any).
(3)(a) Structural design as required in these rules shall be carried out by an empanelled Structural Engineer
(b) A preliminary design of the structure, other than for masonry buildings and residential buildings upto a height of 10 m, giving details of all structural elements and specifications of materials, along with a structural design basis report shall be prepared by such Structural Engineer and submitted along with the notice.
(c) A detailed structural design and structural drawing prepared by such Structural Engineer and reviewed by an empanelled Structural Reviewer, shall be submitted along with the notice, in respect of residentia lbuildings to exceed 40m in height and for all buildings, other than for residential use, to contain a built up area of more than 500 sq. m.
(d) The structural design of foundations, elements of masonry, plain concrete, reinforced concrete, pre-stressed concrete and structural concrete shall conform to the provisions of the National Building Code of India (NBC) taking into consideration the relevant Indian Standards.
8. Sizes of drawing sheets
(1) All site plans, building plans, elevation and sections shall be on drawing sheets which shall be in any of the sizes specified in the table below:
TABLE 1 Drawing Sheet sizes
|| Trimmed Size (mm)
|| 990 x 1198
|| 594 x 990
|| 495 x 594
|| 297 x 495
|| 247 x 297
|| 148 x 247
(2) The plans may be ordinary prints of ferro-paper or other paper or blue printed or ammonia print or computer generated print, but one set of such plans shall be blue printed. Prints of plans shall be on one side of paper only.
9. Colouring notation for plans
NOTE: For land development/ sub – divisional layout, suitable colouring notations shall be used which shall be indexed.
All dimensions shall be indicated in metric units in a uniform manner.
The specifications of the proposed construction shall provide (a) type and grade of materials and method of construction to be adopted.
12. Requisition to determine validity of notice
(1) The Municipal Commissioner may at any time, but not later than fifteen days of the receipt of notice under rule 4, issue a requisition to the applicant specifying at a time, all the defects in the notice for sanction of plan and the applicant shall make his submission in reply to such requisition within fifteen days thereafter.
(2) The Municipal Commissioner may, within fifteen days after the receipt of such reply, require further information or revised plan as he may deem fit and such information or revised plan shall be submitted within such period as may be specified by the Municipal Commissioner.
(3) If any plan or information as required under sub-rule (1) or sub-rule (2) is not forthcoming within the specified time or if the plans or information as required under these rules is not furnished to the satisfaction of the Municipal Commissioner, such notice shall be deemed not to be valid under sub-section (3) of section 395 and shall not be processed any further and the applicant shall be informed by notice in this regard.
(4) Fresh notice under section 393 or section 394 as the case may be, shall thereafter be necessary.
(5) All notices shall either be delivered by hand or sent under certificate of posting or by pre-paid Registered Post with A/D.
13. Sanction or provisional sanction or refusal of building or work
(1) Within a period of sixty days, or for any case governed by clauses (b) to (m) of sub-section (1) or sub section (3) of section 390 within a period of thirty days, of the receipt of any complete and valid notice under these rules with reference to section 393 or section 394, as the case may be , the Municipal Commissioner shall in accordance with the provisions of section 396 and with reference to the provisions of section 313 by written order, either -
(a) sanction or provisionally sanction with such conditions if any, not inconsistent with the provisions of the Act and these rules as he may think fit the erection, re-erection, addition to, or alteration of, the building and shall issue a Building Permit to the applicant in the form as specified in Schedule VI, or
(b) refuse sanction or provisional sanction under the provisions of the Act and rule 16 and communicate the same to the applicant in the form as specified in Schedule VII;
Provided that in a case where the site of the proposed building or work is likely to be affected by any scheme of acquisition of land for any public purpose or by any proposed regular line of a public street or extension, improvement, widening or alteration of any street the Municipal Commissioner may, under the proviso to sub-section (1) of section 398, withhold sanction to the erection of the building or the execution of the work for such period, not exceeding six months , as he may deem fit: Provided further that in the case of a provisional sanction, the applicant shall furnish a statement to the effect that if he is unable to produce the license or permission as required under sub-section (3) of section 396 and comply with other terms and conditions on which such provisional sanction is granted, he agrees that the provisional sanction may be cancelled or if continued, at the discretion of the Municipal Commissioner on appropriate terms and conditions and that the same shall not be made final and completion certificate under sub-section (2) of section 403 shall not be issued in respect of the use which is affected by the provisions of subsection (3) of section 396.
14. Aesthetic quality of urban environmental design
The aesthetic quality of urban and environmental design of structures with respect to every application for erection or re-erection of a building shall be considered by the Municipal Commissioner including as to -;
(a) conservation, preservation and beautification of - (i) monumental buildings, public parks and public garden including locations or installations of statues or fountains therein,
(ii) any area of special, historical or cultural significance as the Mayor-in-Council may consider or
(b) conservation and preservation of any project which aims to beautify Kolkata or to add to its cultural vitality or to enhance the quality of its urban design, or
(c) conservation and preservation of any project or layouts for sports, cultural, social or for other similar purposes, or
(d) construction of under-passes, over-passes and regulation of street furniture and advertisement hoardings, or
(e) consideration of architectural expression and visual appearances of the buildings.
15. Building Permit
(1) The Building Permit shall subject to the provisions of these rules be issued under the signature of the Municipal Commissioner
(2) The Building Permit shall not be issued till a duly authenticated copy of a receipt showing payment to the Corporation of the Building Permit Fees payable under these rules for the sanction of the building, is produced before the Municipal Commissioner.
(3) The Building Permit shall, subject to the provisions of sub-section (3) of section 398 be valid for a minimum period of five years from the date of issue of such permit and may be renewed by the Municipal Commissioner for such further period, such that the original period of validity and period(s) of renewal and renewals, if any do not exceed ten years from the date of issue of permit, on payment of such fees and charges as may be fixed by the Mayor-in-Council from time to time and on such other terms and conditions as may be considered appropriate.
(4) The Building Permit shall in conformity with the provisions of sub-section (5) of section 396 clearly and specifically state the occupancy or use group for which the Building Permit is valid.
(5) In the case of a building which is intended to be erected at the corner of two streets, the Building Permit shall specify the conditions imposed under clause (b) or clause (c) or clause (d) or clause (e) of sub-section (1) of section 405.
(6) The Building Permit shall as required under section 407, specify the conditions imposed regarding use of inflammable materials.
(7) In the case of a building affected by the provisions of section 408, the Building Permit shall be issued on conformity with the declaration under sub-section (3) thereof.
(8) One set of the plans (along with a certified copy thereof) and specification submitted along with the notice duly countersigned by the Municipal Commissioner, shall be returned to the applicant along with the Building Permit.
16. Grounds for refusal
(1) The Municipal Commissioner, may refuse sanction or provisional sanction for erection, reerection, addition to or alteration of a building on any one of the following grounds to be specifically recorded in the form as specified in Schedule VIII: (a) that the building or the work or the use of the site for the building or the work or any of the particulars comprised in the site plan, ground plan, elevation, section or specification would contravene the provisions of the Act or these rules or any other rules or regulations made under the Act, or of any other law in force for the time being,
(b) that the notice for sanction does not contain the particulars or is not prepared in the manner required under these rules,
(c) that any information or document required by the Municipal Commissioner under the Act or these rules has not been duly furnished,
(d) that in cases requiring a layout plan under section 364 or section 365 such layout plan has not been sanctioned in accordance with the provisions of the Act,
(e) that the building or the work would be an encroachment on Government land or land vested with the Corporation,
(f) that the site of the building or the work does not abut on a street or projected street and that there is no access to such building or work from any such street or by any passage from such street,
(g) that the conditions mentioned in sub-section (1) of section 406 has not been fulfilled or that it contravenes the provisions of sub-section (2) thereof,
(h) that the erection of the building or the execution of any work affects or is likely to affect the sky-line or the aesthetic quality of urban or environmental design, or any public amenity therein or the functioning of radio communication systems for telecommunication purposes or purposes of civil aviation,
(i) that in case where a building is intended to be erected for a purpose which is contrary to the provisions of the Act or any other law for the time being in force,
(j) that in the case of re-erection, addition to or alteration of a building the intended purpose of which is such as may lead to such mixed occupancies as are contrary to the provisions of the Act or any other law for the time being in force.
(k) that the arrear taxes payable to the Corporation have not been paid.
(2) The Municipal Commissioner may, subject to the proviso to sub-section (1) of section 405, refuse under clause (a) of that sub-section, sanction of any building which is intended to be erected at the corner of two or more streets.
(3) The Municipal Commissioner shall refuse sanction to any building plan where prior approval of the Mayor-in-Council in this regard is necessary and such approval has not been given.
(4) If the Municipal Commissioner, having regard to -
(a) the existing water supply, sewerage and drainage system in any ward or part thereof, or
(b) the traffic carrying capacity of a street in any ward or part thereof,
is of the opinion that the erection of any building or execution of any work in such ward or part thereof will put additional burden on the existing civic services, he may sanction the erection of such building or execution of such work subject to such restrictions or conditions, including uses, as he may deem fit to impose;
Provided that no such action shall be taken by the Municipal Commissioner without scrutiny of such case by the Municipal Building Committee and without prior approval of the Mayor-in-Council.
17. Effect of refusal
(1) The notice submitted by the applicant under sub-rule (1) of rule 4 shall lapse with the refusal of sanction or provisional sanction under these rules;
(2) Fresh notice under section 393 or 394, as the case may be, shall be necessary if the applicant proposes to amend his earlier notice and its enclosures.
18. Delay in sanction or refusal
(1) If within a period of sixty days, or for any case governed by clause (b) to (m) of sub-section (1) of section 390 within a period of thirty days, of the receipt of any notice under these rules with reference to section 393, or section 394, as the case may be, or of any information under section 395, the Municipal Commissioner does not sanction or provisionally sanction or refuse to sanction under section 396 the applicant may in accordance with the provisions of section 398, make a representation to the Mayor.
(2) The Mayor shall, after such enquiry as he may think fit, and after giving the applicant an opportunity of being heard, direct the Municipal Commissioner to sanction or provisionally sanction or refuse sanction and communicate the same to the applicant within a period of thirty days from the date of receipt of the representation by the Mayor.
(3) The applicant shall under no circumstances violate the provisions of section 392.
19. Cancellation of Building Permit
The Municipal Commissioner may in accordance with the provisions of section 397 by a written order, cancel any Building Permit issued under these rules.
20. Notice for demolition of a building
Every person who intends to demolish any building or part thereof shall give notice in writing to the Municipal Commissioner. The demolition work will be executed taking due care of adjoining structures and carried on under the supervision of a Structural Engineer empanelled with the Corporation.
21. Retention of temporary structures along with water supply and drainage connection
(a) After sanction of plan and commencement of work, the applicant may be allowed at his own risk and cost, and with prior permission of the Municipal Commissioner to retain and make use of part of the existing structures and also the existing drainage and water supply connections for the purposes of providing temporary accommodation to tenants or for being used as a site office, construction material storage space, workers’ toilet and other allied purposes. The permission referred to herein may be granted on such terms and conditions, including as to the period within which such structure/ facility has to be demolished/ dismantled, as considered appropriate by the Municipal Commissioner.
(b) In case any declaration is given by the applicant that he would set aside any portion of the site for widening of the road or for other purposes, as a precondition to sanction, the applicant may do so, for the time being, by physically shifting the boundary wall, prior to issuance of Building Permit, pending execution and registration of appropriate documents and compliance of other formalities.