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State of West Bengal - Section

Section 53 in West Bengal Municipal (Building) Rules, 2007

53. Tall buildings (exceeding fourteen and a half metres in height).

(1)i8n Municipality the building height shall not normally be more than 14.50 metres (fourteen and a half metres). But in the case of any building exceeding 14.50 metres in height, the Board of Councillors for reasons to be recorded in writing and with the previous approval of the Superintending Engineer of the Municipal Engineering Directorate, Government of West Bengal, having jurisdiction over the concerned municipal area may sanction those schemes as special cases if not otherwise covered by any law for the time being in force.
(2)The Superintending Engineer will make his recommendation on the basis of Structural Stability Certificate given by the empanelled LBA or Structural Engineer or Geo-technical Engineer and he will also consult the Land Use and Development Control Plan, if any, of the concerned municipal area before giving such approval. In such cases, the following shall be applicable in addition to other rules under the Act.The certificate of structural stability is to be furnished in the following manner by the empanelled LBA, Structural Engineer and Geo-technical Engineer :—Certificate of Structural stabilityWe hereby certify that the foundation and superstructure of the building proposed for construction on plot.....................Street........................WardNo..........have been so designed by me/us will make such foundation and super structure safe in all respect including the consideration of bearing capacity and settlement of soil etc...........................Signature of LBA(Name, Address andImpanelment No.).....................Signature of Structural Engineer(Name, Address andImpanelment No.)................................Signature of Geo-technical Engineer(Name, Address and Impanelment No.)Note.—All such technical personnel are required to be empanelled with the concerned Municipalities. In. case, the system of Impanelment has not been introduced in any particular Municipality, the requisite certificate from the empanelled Structural Engineer and Geo-technical Engineers under Kolkata Municipal Corporation or any other Municipality may be asked for.
(I)No building exceeding fourteen metres and a half in height shall be allowed on private or public street of not less than 10.00 metres in width;
(II)there shall be a minimum front open space for every category of tall building at its narrowest part, 'as per provisions of sub-rule (2) of rule 50;
(III)there shall be a minimum rear open space for every category of tall building along the entire width of the building forming an integral part of the site, as per provisions of sub-rule (2) of rule 50;
(IV)there shall be minimum open spaces on both sides for every category of tall building at its narrowest part, as per provisions of sub-rule (2) of rule 50;
(V)
(a)In case the whole of one side or part of at least two sides of every room excepting bath, water-closets and store-room, is not abutting either the front open space, rear open space or side open space, it shall abut an inner courtyard whose minimum width shall be 30% of the height of the building or 3 metres, whichever is more;
(b)for ventilating water closet in bathroom, such water closet or bathroom or kitchen or any room not intended for human habitation, if not opening on to front open space, rear open space, side open space or interior open space, shall be opened up to a ventilation shaft, the size of which shall be as per provisions incorporated in Tables under rule 50;
(VI)
(a)for every building exceeding fourteen metres and a half, the Floor Area Ratio shall be as specified in the table below
Maximum Permissible Floor Area Ratios
Width of Means of Access (metres) Residential building Institutional business Building
Commercial zone, if any Other zone
Above 14.50 to 20.00 2.25 2.5 2.25
Above 20.00 to 24.00 2.5 2.75 2.5
Above 24.00 2.75 3.00 2.75
(b)While calculating the floor area under this Chapter, the following shall not be included :—
(i)stair cover not exceeding 2.4 metres in height and stair case with landing up to the extent of the width of the stairway in each floor including ramp if there by any, '
(ii)lift machine room as per latest edition of the National Building Code. Lift Landing lobby with a maximum area of 6 sqm in all floors including roof, if any;
(iii)roof tanks and their support, the height of support not exceeding 1 metre;
(iv)chimneys, ventilating, air-conditioning and service equipment attached to the building :
Provided that the aggregate area of these structures mentioned at (i) to (iv) above shall not exceed one-third area of the roof upon which these are erected;
(v)the actual area under covered car parking space and area of basement used for car parking only in accordance with the table in rule 52(B)(1) subject to a maximum permissible limit for one car parking space as 25 sq.m for ground floor and 35 sq.m other than ground floor inclusive of all circulation spaces and ramps. However, the area actually covered by the car parking space may be allowed even if the same is more than mandatory requirement. But the covered car parking shall be within the permissible ground coverage;
(vi)areas of loft, ledge or tand and areas of cupboards or wardrobes up to a maximum extent of 3% of total floor area but shall include the area of mezzanine floor;
(vii)area of service floor as permitted in rule 67;
(viii)the areas for garden covered with permeable material, pergola, expanded or similar other materials at the roof level, up to 5% of the total roof area or 10 sq.m whichever is more, subject to adoption of adequate structural safety measures;
(ix)in addition to the above provision, the exemptions in calculation of FAR shall also be permissible as per provision in rule 51.
(c)All steel towers above 14.5 metre height should be ground based ones. Minimum access to such structure should not be less than 5 metre on any part. No such structure should be constructed on the mandatory open spaces of any existing building.