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State of West Bengal - Section

Section 50 in West Bengal Municipal (Building) Rules, 2007

50. Open spaces for building in areas other than municipalities in hill areas.

— (1) (a) Every room intended for human habitation shall but an interior open space or exterior open space or an open verandah open to such interior open space or exterior open space. Open spaces shall be areas forming integral parts of the plot at ground level and shall be open to the sky without any projection or overhang excepting cornices, chajjas or weather-shades of not more that 0.50 metre width;(b)Every building shall have exterior open space comprising front open space, rear open space and side open spaces. The minimum width prescribed for front open space, rear open space and side open spaces shall be provided along the entire front, rear and side faces of the building respectively. For this purpose the front of the building shall be that face of the building which faces the means of access of the building and the rear of a building shall be deemed to be that face of the building Which is farthest from the means of access. These provisions shall also be applicable to each individual building separately when a plot contains more than one building. In the case of a corner plot located at the crossing of more than one street or passage, the rear of the building shall be deemed to be that face of the building which is farthest from the widest of all such streets and/or passages;(c)Open spaces prescribing to one side cannot be taken for another side. No building shall at any time be erected on any open space prescribed in these rules for a building and form part of the site thereof, nor shall such open space be taken into account in determining the area of any open space required under these rules for any other building;(d)If the front open space is 3.00 metres or more in width a Gate Goomti shall not in any case exceed 3.00 sq. metres and the height of such Goomti shall not exceed 3.00 metres. The covered area of the Gate Goomti shall not be included in calculation of Ground Coverage.(e)For corner plots : In the case of any building intended to be erected at the corner of two streets, the authority in accordance with the provision of clause (d) of section 213, scrutinize every building plan, except the plan for a residential building, to be erected or re-erected on plot of land of 300 square metres or less provided the height does not exceed 12.5 metres and may accord approval;Provided that the corners of such plot are splayed off as under :-(i)in case of both the adjoining roads are below 3.5 m width and area of land is within 200 sqm., the corner of such plot shall be sprayed by 1.20 m x 1.20 m,(ii)in case any of the adjoining roads is of width 3.5 m and above, the corner of such plot shall be splayed by 2.50 m x 2.50 m.The land within the splayed portion shall be transferred to the Municipality by a deed of gift. However, area of land gifted to Municipality shall be considered for F.A.R. and Ground Coverage as applicable.
(2)The minimum open spaces with respect to height and Category of buildings shall be as follows :
(a)For residential use :
Height of building (in metre) Front open space ( in metre) Open space on side 1 (in metre) Open space on side 2 (in metre) Rear open space (in metre)
Up to 8.0 1.2 1.2 1.2 2
Above 8.0 up to 11.0 1.2 1.2 1.2 3
Above 11.0 up to 18.0 1.5 3.5 2.5 4
Above 14.5 up to 18.0 3.5 5 3.5 5
Above 18.0 up to 24.0 5 6 6.5 7
Above 24.0 up to 36.0 6 6.5 6.5 9
Above 36.0 up to 60.0 8 8 8 10
Above 60.0 up to 80.9 10 15% of the3 height of the building 15% of the3 height of the building 12
Above 80.0 12 15% of the3 height of the building 15% of the3 height of the building 14
(b)For education use:
Height of building Front open space (in metre) Open space on side 2 ( in metre) Open space on side 2 ( in metre) Rear open space (in metre)
Up to 11.00 (land area up to 500 square metre) 2 1.8 4 3.5
Up to 11.0 metre (land area above 500.0 squaremetre) 3.5 3.5 4 4
Above 11.0 metre up to 14.5 metre 3.5 4 4 5
Above 14.5 metre up to 21.0 metre 5 5 5 6
Above 21.0 metre 20% of the height of the3 building or 6.0 M,whichever is more 20% of the height of the3 building or 6.0 M,whichever is more 20% of the height of the3 building or 6.0 M,whichever is more 20% of the height of the3 building or 6.0 M,whichever is more
(c)For Institutional, Assembly, Business, Mercantile and Mixed use building:
Height of building Front open space (in metre) Open space on side 2 ( in metre) Open space on side 2 ( in metre) Rear open space (in metre)
Up to 11.00 (land area up to 500 square metre) 2 1.8 4 3.5
Up to 11.0 metre (land area above 500.0 squaremetre) 3.5 3.5 4 4
Above 11.0 metre up to 18.0 metre 3.5 4 4 5
Above 18.0 metre up to 24 metre 5 5 5 6
Above 24.0 metre up to 36.0 6 6.5 6.5 9
Above 36.0 metre 8 9 9 10
(d)for industrial and storage Building:
Height of building Front open space (in metre) Open sapce on side 1 ( in metre) (open space on side 3 (in metre) Rear open space (in metre)
Up to 11.0M 5 4.5 4 4.5
Above 11.0M up to 18.0M 6 6.5 6.5 10
Above 18.0M 6.0 or 20% of the height of the buildingwhichever is more 6.0 or 20% of the height of the buildingwhichever is more 6.0 or 20% of the height of the buildingwhichever is more 6.0 or 20% of the height of the buildingwhichever is more
(i)Every residential building of height not more than 8.0 m on plot size not exceeding 65 sq. m in area shall have a minimum front space at ground level of 0.90 m.
(ii)For plots of size not more than 65 sq. metres, minimum side open space of 0.9 metres may be allowed on each side, provided that the building height does not exceed 8.00 (eight) metres;
(iii)Notwithstanding anything contained in clause (a) of sub-rule (2), the minimum distance across the side open space from every new building to an existing building with a door or window opening shall be 1.80 metres;
(iv)In the case of a building more than 24.00 metres in depth on a plot abutting any street, a passage along the entire depth of the building shall be provided and the minimum width of such passage shall be 4.0 metres.
(3)Interior Open Space.— The interior open space shall be as follows :
(a)For inner courtyard—
(i)in case the whole of one side or part of at least two sides of every habitable room is not abutting either the front open space, rear open space or side open spaces, it shall abut an interior open space. Interior open space at ground level shall be called courtyard.
(ii)Any room which is separated only by a verandah from the interior open space shall be deemed to abut on such interior open space for the purpose of this rule.
(iii)The minimum dimension of any side of every interior open space (e) at ground level all sides of which are enclosed by a building or part thereof shall be 30% of the height of the building or 3.0 metres, whichever is more (b) at any other level, all sides of which are enclosed by a building or part thereof shall be 30% of the height of the building or 3.0 metres, whichever is more, measured from the said level where interior open space is formed.
(iv)Notwithstanding anything contained in these rules, if all sides of an interior open space is enclosed by a combination of higher and lower blocks of a building, the minimum dimension of such interior open space shall be governed by the height of lower block;
Provided that in no case the covered area under such lower block shall be less than 25% of the total covered area of the concerned building constituting the interior open space.
(v)For the purpose of this rule, if any interior open space or courtyard enclosed on three sides by a building or part thereof is meant to serve lighting and ventilation purpose to a part or whole of one side of one or more habitable rooms, the minimum width of such open space shall be 2.4 metres for buildings upto 14.5 metres in height, 3.5 metres for buildings above 14.5 metres upto 24.0 metres height, 5.0 metres for buildings above 24.0 metres upto 36.0 metres height, and 7.0 metres for all buildings above 36.0 metres height:
Provided that the depth of such open space shall not exceed twice its width and the same may be reduced to 1.2 m if no habitable room, or balcony attached to the habitable room is facing the interior open space. However, in case the depth of such interior open space is less than the width, the same shall not be considered as interior open space but be called as Notch and the same will be permitted without any restriction.
(vi)A ventilation shaft having no access to the same except through one door for service purposes shall not be treated as a courtyard if the area of such shaft is less than 20 square metres.
(b)Ventilation Shafts for Kitchen or Toilet—
For ventilation of bathroom or water closet or if it does not open into the front open space; rear open space or side open space or an interior open space, it shall open into a ventilation shaft which shall not be less than the specification in Table 1 and Table 2 below :—Table 1
Height of the building (in metrs) Minimum size of the ventilation shaft(in squaremeters Minimum width of the shaft(in Meters)
Up to 11.0 2.5 1.2
Above 11.0 but less than 14.5 5 2
From 14.5 but less than 20.0 6 2.4
20.0 and above 9 3
Table 2
Height of the building (in metrs) Minimum size of the ventilation shaft(in squaremeters Minimum width of the shaft(in Meters)
Up to 11.0 2.5 1.2
Above 11.0 but less than 14.5 5 2
From 14.5 but less than 20.0 6 2.4
20.0 and above 9 3
Provided that for any building with a height exceeding 20 metres, a mechanical ventilation system shall be installed in addition to the provisions of minimum ventilation shaft :Provided further that no chajja shall be allowed in any ventilation shaft :Provided also that no ventilation shaft may be required for fully air-conditioned building, or mechanically ventilated toilet, kitchen, bath and W.C.
(c)If there be building other than boundary wall on not more than three sides of a building the minimum width of such courtyard shall not be less than 20% of the height of the building or 2.50 metres, whichever is more.
(4)Joint Open Space.— Subject to the provisions contained in this rule, the joint open space shall be provided in between two buildings, if the height of one of such building exceeds the height of 14.50 M whether belongs to the same owner or not, as follows :
(I)7.00 M—if height of both the buildings exceeds 14.50 M,
(II)If one of the buildings exceeds 14.50 M in height—
(a)4.50 M—if height of the other building is above 11.0 M but does not exceed 14.5 M,
(b)3.50 M—if height of the other building is above 8.0 M but does not exceed 11.0 M,
(c)3.00 M—if height of the other building does not exceed 8.0 M.
Note.— If any of the buildings has basement, the minimum Joint Open Space against the basement line shall be kept as 7.0 M. The rule of Joint Open Space shall not be applicable in case the adjoining structure is not exceeding 5.0 M in height.The Joint Open Space between two building may vary at places considering the variation of height of any of the buildings or both the buildings.
(5)[ Open space norm for construction of dwelling houses for poor under various Government schemes : Notwithstanding anything contained in this rule, the open space norm stipulated in this rule shall not be applicable for construction of dwelling houses for poor slum dwellers under various programmes implemented by the Government of India or the State Government. The Municipality shall fix the open space norm under this sub-rule in consideration of the ground realities but subject to the provisions of the Act and rules made thereunder.] [Sub-rule (5) inserted by Notification No. 227/MA/0/C-4/3R-8/2002 (Pt-I), dated 9.4.2010.]