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KERALA BUILDING RULES 2015 PDF

Tuesday, August 6, 2019


(1) These rules may be called the Kerala Municipality Building Rules, to change in the occupancy group of the building under these rules, or closing of. F, P, W read with Section of the Kerala Panchayat Raj Act, ( 13 building under these rules, or closing of any required means of ingress or. Kerala municipal building rule - Download as PDF File .pdf), Text File .txt) or read online. Building rule of Kerala government.


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KL TVIN) / Nivnicipality. കേരള ഗസററ് “Kerala Municipality Building (Amendment) Rules, ” (2) They shall come into force. following Rules in supersession of the Kerala Minor Mineral opted by a quarrying permit holder for extraction of granite (building stones) and. G.O.(MS) No/11/LSGD Dated, Thiruvananthapuram 14/02/myavr.info / – In exercise of the powers conferred by Sections A, B, F.

Provided further that no opening shall be provided on sides abutting the plot boundary and only ventilators above a height of 2. Provided further that, no construction or hanging of any sort shall project outside the boundaries of the site:.

Provided also that that the projections like cornice roof, sun shade and weather shade shall be so limited that the width of the remaining open space shall not be less than 30 centimetres:. Provided that such construction or reconstruction or addition or alteration of any building or digging of any well or telecommunication tower or any structure or land development or any such work shall not be in violation of any of the provisions of the Act or these rules:.

Provided further that such power shall not relieve the Secretary of his responsibility in detecting and preventing such work and in taking other actions as per these rules:. Provided also that where the construction or work was commenced, being carried on or completed after the statutory period specified in these rules, such construction or work shall be considered as duly permitted and not one requiring regularization.

Provided that in the case of deviated or additional construction, only the areas so deviated or added shall be considered for the calculation of compounding fee. Provided that, an application for regularisation shall be refused only on such ground on which approval of site or permission may be refused. Provided that in the case of an order refusing regularisation, the building or part thereof shall not be demolished or well filled up or prosecution initiated as in sub-rule 2 until and unless the time prescribed for filing appeal from such an order has not been expired.

Provided that paid Apprentices under the Apprentices Act are considered as not employed for this purpose. Provided that a licence issued under the Kerala Municipality Building Rules shall be deemed to have been issued under these rules and shall continue to be valid for the period for which that licence was issued and the holder of the said licence shall be eligible for registration under these rules. Provided that before finalizing the decision, the person concerned shall be given sufficient opportunity to explain and the explanation, if any, submitted shall be duly considered by the Registering Authority.

Such officer s may, at the time of inspection, inform the secretary, in writing, the major violations noted. Provided that if any construction or reconstruction of a building or digging of a well unlawfully carried out by a person has been regularised by the Secretary, he shall not be punished.

Name in Capital Letters: Details of plot i Survey Number: State the number of dwelling units also. Please specify: Floor Area in Sq. Ground floor First floor.. Maximum height of building in metres: If the application is for regularisation: Name and address of the Developer: I, , hereby declare that, the measurements, specifications and other details and specifications mentioned above are correct, complete and true to the best of my knowledge and belief and that I shall abide by the approved plan and the provisions in the act and rules in undertaking the construction.

Signature of the Applicant with name. Certified that, the site plan is prepared after verification of the ownership document and the site and the measurements shown are found to be correct. Signature Name: Register Number: Certified that the building plan is prepared in accordance with the provisions of the Kerala Panchayat Building Rules, , Kerala Panchayat Raj and the provisions contained in the sanctioned Town Planning Schemes.

R Set backs. Ihereby declare that the measurements, specifications and other details mentioned above are complete, correct and true to the best of my knowledge and belief and that I shall abide by the approved plan and the provisions in the Act and Rules in undertaking the construction.

Signature of the Applicant Date: Name of the Applicant. Certificated that the site plan is prepared in accordance with the Kerala Panchayat Building Rules, , Kerala Panchayatraj Act, , provisions contained in the Town Planning Schemes and road development proposals of the implementing agency. Signature Name Place: Details of plot i Survey Number Village ii Extent: Occupancy please put mark in the appropriate box.

Registered deed Pattayam Possession Certificate ii Consent from the owner of neighbouring plot if the construction abuts that plot boundary.

Signature of the owner with name. Village in.

Owned by me. I forward herewith the site plan, service plan and specification in triplicate duly signed by me and by. I hereby undertake to abide by the provisions of the Kerala Panchayat Building Rules, in all respect.

Signature Name of owner Block letters Address. Signature and name of Secretary, Seal.

Specify the construction in building No Plinth area of the building is as follows: Ground Floor: First Floor. Signature and name of Secretary Date: Ref 1 Application dated.

List of chief ministers of Kerala

Concurrence is granted for proceeding with the construction above the ground level as per the permit cited in ref 2 for Specify the occupancy purpose subject to the conditions stated below:. Basement Ground Floor First Floor Signature and name of Secretary Seal. Signature Name and address of owner Place: Certified that the development or re-development of land under the permit No. Signature and name of Secretary.

Certified that the construction or reconstruction or alteration or addition of building or erection of telecommunication tower or pole structure or work under the permit No. Signature Name of Secretary Date: Application dated.. And whereas the said Sri. Now, therefore, in exercise of the powers conferred by Rule 3 of Kerala Panchayat Building Rules, ,.. Secretary of the. Panchayat hereby order that the said person has been absolved from the liabilities in respect of the construction or reconstruction or alteration or addition of building or wall or erection of telecommunication tower or pole structure or digging of well, conversion of roof, conversion or erection of shutter or door and that the construction or reconstruction or alteration or addition of building or wall or erection of telecommunication tower or pole structure or digging of well, conversion or erection of shutter or door has been regularized.

Signature of Secretary Seal. Affix Passport size photo.

One extra copy of the photo should be separately enclosed for issuing identity card 1. Name of Applicant in capital letters: Permanent Address:. Address to which communications: Educational Qualifications: Attested copies should be enclosed.

Age and Date of Birth: Experience Attested copies should: References of previous licences, if any: Whether retired from service or not If Retired, give details proof to be attached:. Specimen Signature i ii iii. I, hereby declare that the details furnished above are correct, complete and true to the best of my knowledge and belief. Signature Date: Category Qualifications Function 1 2 3 Architect Registration with the Council of i To sign plans, drawings and Architecture, India as prescribed specifications in connection with development under Architects Act Central permit for areas upto the extent of one hectare.

Act 20 of ii To issue certificates of supervision in connection with development permit for areas upto the extent of one hectare pertaining to road work, water supply, drainage, sewerage and light installation.

Engineering iv To prepare and sign structural design and calculations, for building on plots upto sq. Assistant Architect and not possessing the qualifications for ii To issue certificates of supervision in registration as Building Designer A connection with development permit for areas shall be eligible for registration as upto the extent of Building Designer B.

Engineer i Corporate membership Civil i To sign Plans, drawings and A of the Institution of Engineers India ; specifications in connection with development or permit for area upto the extent of one hectare. Kerala Building Rules, shall be eligible for registration as Engineers iv To prepare and sign structural designs A and calculations connected with all types buildings.

Engineer and not possessing the qualifications for registration as ii To issue certificates of supervision in Engineer-A shall be eligible for connection with development permit for an registration as Engineer B area upto the extent of 0. Town i Associate membership of the i To sign plans, drawings and specifications Planner A Institute of Town Planners, India; or in connection with development permit of all areas.

Town Any person retired from Government i To sign plans, drawings and Planner B or Quasi Government specifications in connection with development service from a post not below the rank permit for an area up to one hectare of Assistant Town Planner and not possessing the qualifications for ii To issue certificate of supervision for registration as Town Planner-A shall development permit for an area up to one be eligible for registration as Town hectare.

Planner-B Supervisor i Diploma in Civil Engineering i To prepare and sign building plans A and having completed 4 years and other specifications connected with experience as supervisor-B. This is to certify that.. State the name and full address has been registered as.. State the category under the provisions of the Kerala Panchayat Building Rules, Signature of Registering Authority with name. To be submitted by the applicant to the Secretary in triplicate.

KERALA TAXES AND BUILDING RULE

Name of Applicant: Extent of land: Details of Renovation works: Nature of ownership: Built-up Area of existing building s:. Built-up area in sq. Certified that the works for the above specified building s involve only renovation works without any structural alterations or addition in the existing built-up area. Name and address of the owner. Forwarded to District Collector along with verified drawings and other relevant details if any:.

Signature of Secretary Date of receipt of application: Name and designation of the authorized signatory. Note - 1 No separate application or fee for land development is required along with application for building permit. Government or Local Self Government.

The Kerala Municipality Building Rules, 1999

Roof conversion Rupees per sq. Residential units for Economically. Institutions Rupees per dwelling unit Hectares of the land proposed for sub-. Pucca Building Rupees per sq. Other land developments Rs. Per land development Rs. Per Ares. Weaker Sections funded by. Wells Rupees per unit. Rupees per unit of floor area division. Provided that, in the case of residential buildings upto sq. Note 1 Area of accessory buildings such as car shed, toilet, cabin for watch and ward etc.

In the case of addition or alteration, only the area of the portion added or altered shall be taken into account. By order of the Governor,. This does not form part of the notification, but is intended to indicate the general purport At present, there is no specific building rule for Village Panchayats. Therefore, in exercise of the powers conferred by Section 1 of the Kerala Panchayat Raj Act, and in supersession of all previous notification issued in the subject matter, Government vide notification under G.

Section A of the Kerala Panchayat Raj Act, empowers Government to make rules regarding various matters enumerated therein relating to site, building and all other structures.

Government have now decided to make rules exclusively for Village Panchayats.

This notification is intended to achieve the above object. Building Rule Amended Up to Flag for inappropriate content.

Related titles. The Unwinding: An Inner History of the New America. Elon Musk: Dispatches from Pluto: Lost and Found in the Mississippi Delta. The Innovators: Devil in the Grove: The Emperor of All Maladies: A Biography of Cancer. Jump to Page. Search inside document. The general term, ' floor unless otherwise specifically mentioned shall not refer to a 'mezzanine floor '; Note: Every part of yard shall be accessible from every part of the same yard; 2 Words and expressions used but not defined in these rules but defined in the Kerala Panchayat Raj Act, 13 of shall have the same meaning assigned to them in the Act.

The Secretary shall, if any approval from the District Town Planner or Chief Town Planner either as per these rules or as per the provisions of the Town Planning Scheme of that area is required for any construction, reconstruction, addition or alteration, forward the application with his specific remarks to the District Town Planner or Chief Town Planner as the case may be, before issuing building permit: Provided that if the site abuts on any existing public or private street no such street or road shall be laid down or made; vi the proposed building would be an encroachment upon a land belonging to the Government or the Panchayat; vii the land is under acquisition proceedings; and viii non remittance of fee for development permit and building permit, as provided for in these rules as intimated by the secretary.

Provided that no permit is necessary for effecting minor deviations such as shifting the position of access to plots in the case of layouts and shifting the position of rooms, stairs, lifts, windows, doors or ventilators and changing their sizes in the case of building constructions if they do not conflict with these rules: Provided that where 2 metres depth cannot be maintained laterally throughout due to the peculiar shape of the plot, it shall suffice if the mean depth is not less than 2 metres with minimum depth at any point not less than 1 metre: Provided further that where the ground is below or above street level, either open steps, or ramp or bridge having width not exceeding the minimum access required under these rules or 3 metres whichever is higher shall be permitted from the street, to the building as means of access: There shall be provisions for safe disposal of waste.

Provided that in the case of cul-de-sac with length not exceeding metres, the width shall not be less than 5 metres and for length not exceeding 25 metres the width shall not be less than 3 metres: The open space shall be provided exclusive of streets, cul-de-sacs, water body or swimming pools: Provided that while considering the area of the land, the area of any contiguous land belonging to the same owner, though not proposed for immediate development shall be taken into account; iv The recreational open space to be provided under item iii above shall have an access as if it was a separate plot and as far as possible it shall be in one piece and in no case less than 2 Ares in area, with a minimum width of 6 metres: The side of the splay shall be minimum of 4 metres for roads up to a width of 10 metres and shall be a minimum of 10 metres for roads exceeding 10 metres width as shown in the figure below: Provided that in the case of a small industrial unit or cul-de-sac not exceeding metres in length the minimum road width shall be 7 metres; ii the minimum size of industrial plots abutting the street shall be sq.

Provided that the minimum plot requirements in item ii shall apply to small industrial units; iii in industrial layouts a place for installation of transformer shall be provided in consultation with the Chief Electrical inspector or an officer authorised by him jozefmathew gmail. R shall be calculated as shown below: Meters of Sq. Provided further that appurtenant roof structures like staircase tower, overhead tanks, air conditioning rooms, cellular telecommunication equipment or tower structures, cabin rooms, chimneys, parapet walls and similar roof structures other than pent houses shall not be included in the height of the building for the purpose of this rule: Provided that, if the overall height of any existing building in the Security Zone is 10 metres or more up to its topmost point, further vertical extension of that building shall not be permitted: Provided further that, in case of a building having multiple occupancy, the whole building shall be treated as being occupied by the most restrictive occupancy for arriving at the access width: C a 9 rooms with each room upto 5 sq.

Provided that, additional lift shall be provided: Bath Amendment could not be incorporated in sl no 4 since it does not match the corresponding provision in table jozefmathew gmail.

One bath with shower for every 8 4 Baths with shower One on each floor beds or part thereof 5 Bed pan washing sink One for each ward 6 Cleaners sink One per each ward minimum One per floor minimum One per floor minimum Kitchen sink and Dish 7 washers where One for each ward kitchen is provided 8 Urinals One for every 50 persons or part thereof.

Provided that the area of any work room shall be not less than 9. Provided that where more than one building is proposed to be constructed in the same plot, it shall suffice if the open space under this sub rule are provided from the plot boundaries with open yard spaces between two buildings not less than 2 metres for buildings up to 10 metres height: Provided that any restriction under street alignment or building line or both, if any fixed for the area and any development plan or any other rules or byelaws shall also apply simultaneously to all buildings in addition to the provisions contained in sub rule 1 2 The front yard shall be minimum 1.

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Constitution and functioning of the Committee - 1 The Government may accord sanction for the project mentioned above, based on the recommendation of a committee, to be constituted by the Government for this purpose, consisting of the following members: Minimum Width of Access - The minimum width of access shall be fifteen metres.

Provided that the applicants seeking benefits under this Chapter shall apply in writing to the Secretary in the prescribed form, as in Appendix A1 Provided further that the provisions under this chapter shall not apply to the roads envisaged in any layout as per these rules; jozefmathew gmail. Provided also that such road formation or road widening or junction improvement or formation or development of facility relating to road structure shall form part of the annual plan or five-year plan of the implementing agency concerned or shall have a budgetary allocation and shall form part of and conform to any published or sanctioned Town Planning Scheme, if any such scheme exist: Provided also that, any deviation from the proposals of a Town Planning Scheme in the new road formation or road widening or junction improvement or development of any facility relating to road structure, shall be carried out only after effecting variation or revision, as the case may be, of the town planning scheme as per the Town Planning legislation in force: Provided that the maximum FAR permissible calculated in the above manner shall not exceed the FAR as per column 4b or 4c in the case of Category I Village Panchayats and as per column 5b in the case of Category II Village Panchayats respectively of table 2 for the entire land: Provided that the door, shutter shall not open outward.

Provided that it may abut the main building. Provided that any gate or grill or door or other structure shall not open or project in to the adjacent property or street jozefmathew gmail. In that circumstances, learned counsel for the petitioners has also brought my attention to the judgment of a learned Single Judge of this Court in 'Beena Johnson v. Revenue Divisional Officer, Idukki and Another' [ 3 KHC ], wherein the very same question with regard to the land utilization order was considered taking into account the various judgments rendered by this Court under the subject issue and also the judgment of the Hon'ble Apex Court cited supra.

The learned Single Judge, after appreciating the circumstances, held in paragraph 22 as follows: " In such circumstance, the petitioner would have to make an application under the W. Therefore, taking into account all these circumstances, I am of the considered opinion that so far as the first reason contained in Ext.

Amendments-to-Kerala-Municipality-Building-Rules.pdf

P3 with regard to the description of the land in the possesion certificate as "Nanja" is concerned, the petitioners can rectify the same by filing suitable application before the appropriate authority under the K. O and secure such permission.

So far as the next question with regard to the inclusion of the property in the Detailed Town Planning Scheme and the mixed zone was concerned, even according to the Municipality, the property was situated in a mixed zone.

Therefore that by itself shows that the petitioners were entitled to put up construction of commercial building and in that view of the matter, the contention made by the Respondent Municipality that since the area is a mixed zone and not a commercial zone, the petitioners are not entitled to put up commercial structure cannot be said to be correct.

Anyhow, I am not entering into a finding on that factual W. But, again, it was contended by the Municipality that since under the D. Scheme, a road is proposed viz. Road with 12 meters width as per G. Learned counsel for the petitioners, to meet the said contention put forth by the Municipality, has invited my attention to the judgment of the Hon'ble Apex Court in 'Raju S.

Jethmalani and Others v. In the said case, Hon'ble Apex Court was considering the question of the inclusion of the land in development Plans and the parameters required for sustaining such Schemes and I think it is only appropriate that the relevant portion of paragraph 3 of the said W.

This in our opinion, cannot be done. It would have been possible for the Municipal Corporation and the Government of Maharashtra to acquire the land in order to provide civic amenities. But the land in question has not been acquired.

We are quite conscious of the fact that the open park and garden are necessary for the residents of the area. But at the same time we cannot lose sight of the fact that a citizen is deprived of his rights without following proper procedure of law. The principle that was evolved by the Hon'ble Apex Court in the said judgment was that in order to implement the development plan, the land should be acquired by the State Government or Municipal Corporation to effectuate the public purpose and the land owner cannot be deprived from using the property for any other purpose under the guise of the Town Planning Scheme.

So also, learned counsel invited my attention to the judgments of this Court in 'Abdul Kabeer v. Corporation of Kozhikode' [ W. Corporation of Cochin and Others' [ 2 KHC ] and contended that in all the judgments cited supra, this Court considered the question of development plans vis-a-vis the right of the Municipality to deprive the properties from being developed in the guise of D.

P Scheme. In those judgments, this Court has categorically held that no property right can be interdicted and ipso facto no building permit can be refused on the basis of D.

Scheme or on a mere proposal for acquisition of land. So also, the aspect of construction being carried out in a mixed zone was also considered in 'Muthoot Finance Ltd. Indeed, it is not disputed that the area is densely constructed, albeit, after due sanction from the respondent Corporation; nor is it disputed that the area comes under mixed use.

But the fact remains that the survey numbers in which the petitioner's property is situated lie in 'Ground and Public Open Space Zone'. The property in question is shown in Kochi City Structure Plan as a place earmarked for public utility. It is axiomatic that in any master plan, various areas may be marked as public utility places or as lung spaces or recreational open spaces. The places thus shown may belong to the Corporation or to any individuals.

To sub- W. In the present instance, no acquisition proceedings have been initiated. So also, in the decision reported in 'Padmini v. State of Kerala' [ 3 KLT ], it was held in paragraph 8 that in the instant case it is not in dispute that there was no proposal to acquire the land in question on the date of the appellant's submitting the application for permission to construct a residential building on P3 and no notification under Sec.

Therefore, the Municipality had no authority to reject the application on the ground that the land is proposed to be acquired. Therefore, on an appreciation of the factual situation contained in this case, it is therefore clear that as on the date of submitting the application seeking permission to construct building in the case on hand, there was no proposal for acquisition as contemplated under law.

After appreciating the entire facts and circumstances and the principles laid down in the aforesaid judgments, I am of the considered opinion that the Respondent Municipality is not at liberty to saddle the petitioners by the proposed public purpose provided under a D.

Scheme, without the land being acquired by the State Government or the Municipality for the purpose notified under the Scheme. So also, by virtue of Article A of the Constitution, a civil right is conferred on every property owner to possess the property and the same cannot be deprived without authority of law. The Hon'ble Apex Court had occasion to consider the said question in 'Bishamber v. There still remains the question whether the seizure of wheat amounts to deprivation of property without the authority of law.

The State Government cannot while taking recourse to the executive power of the State under Art. Such power can be exercised only by authority of law and not by a mere executive fiat or order. Article , as is W. It is , therefore, necessarily subject to Art. The word 'law' in the context of Art. No cut and dry test can be formulated as to whether in a given case the owner is deprived of his property within the meaning of Art.

Broadly speaking it may be said that an abridgment would be so substantial as to amount to a deprivation within the meaning of Art. Das, J. Going by the averments in the Writ Petition, the petitioner wants to develop In order to construct a residential building, the petitioner has obtained Ext. P1 building permit bearing No.

Thereafter, she submitted an application before the Revenue Divisional Officer, Kollam along with Ext. P1 building permit and connected records.

The RDO forwarded the said application to the 1 respondent, for consideration as per rules. However, the said application was neither considered nor rejected by the 1 respondent. Therefore, the petitioner has approached this Court in this Writ Petition seeking various reliefs.

The petitioner has also relied on Ext. P2 judgment of this Court dated On P2 judgment. Therefore, after hearing the learned Government Pleader, the Writ Petition was disposed of, by directing the 1 respondent to issue sufficient Mineral Transit Pass in Form O A to the petitioner without restricting the number of vehicles to be deployed by her and subject to the other conditions as contained in Ext.

While reading the draft judgment of the writ Petitions disposed of on P1 in W. In both the building permits, the total plinth area of the proposed building is shown as Prima facie, it appeared that Ext. P1 building permit produced along with both the Writ Petitions are photocopy of the very same document, except the changes in the name of the permit holder and survey number of the property.

In view of serious doubts as to the genuineness of Ext. Alexander George, the learned counsel for the petitioner in both the Writ Petitions and also the learned Government Pleader for the respondents.

After hearing learned counsel for the petitioner and also the learned Government Pleader, this Court by order dated P1 building permit along the building plan and site plan. The Director of Mining and Geology, who was suo motu impleaded as Addl.

P1 building permit in both the Writ Petitions, through the 1 respondent or any other competent officer, and to submit a detailed report as to the nature of the land, and state as to whether there are instances of the permit holders not constructing the building after extracting and removing ordinary earth from their property on the strength of Mineral Transit Passes issued in Form O A.

P1 along with both the Writ Petitions. Pursuant to the order dated As evident from the said documents, on The learned Standing Counsel for the Panchayat has submitted that, the Panchayat has not issued any building permit to the petitioner in W.

The Addl. P1 building permit the petitioner had earlier obtained permission from the 1 respondent for extracting and removing metric tonnes of ordinary earth from the property in question, vide proceedings No. The photographs of the property has also been produced along with the said report.

Besides, the 4 respondent has already informed the subordinate officers to take the matter with utmost vigil and care and to initiate stringent action if any violation of the conditions in the permissions granted is detected. In purported compliance of the order of this Court dated P3 to P5 along with I.

Instead of producing the original building permit, a colour photocopy of the same has been produced as Ext. P3 Further, I. By the order dated If the said documents are in the office of the 1 respondent, the said fact shall also be stated in the said affidavit. It was also ordered that, if the original of Ext. P1 building permit is with the 1 respondent, the said respondent shall keep the said document under safe custody. Premlal and Saji Varghese for obtaining a building permit from the Panchayat.

Accordingly, they handed over the building permit and connected documents to the petitioner. Since the property lies above road level, she has entered into a contract with the abovesaid Saji Varghese for removal of ordinary earth from the said property. Then, she submitted application before the 1 respondent for permit, along with necessary documents, including the original building permit and plan. Thereafter, she has entrusted the matter to Shri. Alexander George, her counsel before this Court, for getting necessary orders from this Court.

According to the petitioner, she produced colour photocopy of Ext. P1 building permit before this Court, since the original building permit has already been produced before the 1 respondent.

By the order dated 2. Pursuant to the said order, the 1 respondent has filed an affidavit dated 8.Provided further that guard rails shall not be made of glass or any similar material which are not reinforced to prevent breaking.

Family residential buildings with not more than three floors shall be exempted from the provisions in this chapter. The process of the Committee shall be completed within 3 weeks. Maximum height of building in metres: Signature of the owner with name.

Erection of any telecommunication tower or pole structures or accessory rooms shall be permitted only over authorised buildings. To be submitted by the applicant to the Secretary in triplicate. To issue certificate of supervision and completion for all buildings coming under item iii above. Provided that the proposed floor s shall not extend beyond the limits of the existing building.

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