Section 142 in Kolkata Municipal Corporation Building Rules, 2009
142. Old and insecure buildings.
(1)The following relaxations of these rules will be available for construction of building in place and stead of existing buildings after demolition thereof :-(a)FAR: Additional FAR to the tune of 50% 100% of the area presently occupied by the tenants(s) will be allowed over and above the FAR being presently utilized in the existing structure/Premies;(b)Height: Normally the height of the re-erected building shall not be allowed to be more than 15.5 m unless the applicant is otherwise so entitled. However, this restriction on height may be relaxed as per the Act provided the proposal for re-erection complies with fire laws and provided further that additional car parking space as may be recommended by Municipal Building Committee is made available,(c)Car Parking Space: At least 50% of the ground floor space of the re-erected building shall normally be earmarked for car parking space where construction of basement for car parking facilities is not feasible as per opinion of the Municipal Building Committee. However where construction of a basement is feasible as per opinion of the Municipal. Building Committee such basement may normally be earmarked for car parking space.(2)The relaxations under sub-rule (1) above will be available only when the existing building which is to be demolished meets either of the following criteria:(a)The building is more than 50 years and is partly or fully occupied by tenants, or(b)the building which is upto 50 years old and declared unfit for human habitation by the appropriate authority, and when tenants demand, and are assured of equivalent amount of renewed space, post construction.Explanation - for the purpose of this sub - clause, the appropriate authority shall be such as may be decided by the State Government.(3)Every application for availing relaxation under sub-rule (1) has to be accompanied with documentary evidence of the tenants of the existing building signifying their consent to the demolition thereof:(4)All applications for relaxation of Building Rules made under this rule have to be approved by the Municipal Building Committee and its recommendations accepted by the Mayor-in-Council.(5)The provisions of this rule will also apply to cases where more than one plot-owner applies after all such plots being amalgamated and mutated as per law.(6)All other rules shall apply, mutatis mutandis.
