Section 57 in Kolkata Municipal Corporation Building Rules, 2009
57. Conditions as to use of a building site.
- No piece of land shall be used as a site form" erection, re-erection, addition to or alteration of, any building -(a)unless the Municipal Commissioner is satisfied on a Soil Investigation Report from a Geo-Mechnical Engineer, giving design parameter on the basis of the condition of the soil at site and accepted by the Structural Engineer, submitted by the person referred to in sub-rule (1) of rule 4 that the site is, from engineering point of view, fit to be built upon:Provided that no such Soil Investigation Report shall be necessary in the case of a new 1 building or addition to and alteration of an existing building not exceeding 10.0 m. in height:Provided further that no such Soil Investigation Report shall be necessary for addition to alteration of existing buildings as permissible under Chapter XII of this rule but upto the height of 10.00 m. only:Provided also that soil investigation, whenever required, shall be done under the direction of a Geo-Technical-Engineer;(b)if the building to be erected is intended for human habitation, unless the Municipal Commissioner is satisfied that it is capable of being well-drained and that the owner will take necessary steps to drain it;(c)if the frontage of the site abutting the road is less that five m. unless the Municipal Commissioner is satisfied that the site can. subject to the fulfillment of other conditions specified in these rules, be used for construction of a building.Provided that if the frontage of the site abutting the road is more than 3.5 m but less than 5.0 m. Municipal Commissioner may sanction building of height of 12.5 m with FAR one grade higher than the width of frontage or passage as specified in Table 3 under rule 70.Provided further that FAR shall not exceed the permissible limit of the abutting road abutting the premises.(d)if under sections 364, and 365 laying down and making of street or streets giving access to the site is necessary, unless the street or streets giving such accesses has or have been laid down.(e)if in accordance with the provisions of clause (f) of sub-section (2) of section 396 and clause (f) of sub-rule (1) of rule 16, the site of the building or execution of work does nit abut on a street or projected street and there is no access to such building or work from any such street by any passage appertaining to such site;(f)if in the opinion of the Municipal Commissioner it would be unsafe to construct a building on it for reasons to be recorded in writing.
