Section 97A in The Kerala Panchayat Buildings Rules, 2011
97A. Special provisions for addition etc. over existing buildings.
(1)Notwithstanding anything contained in these rules but without prejudice to the provisions in the Act, alteration or addition/ extension of the first floor or the second floor or both and/or conversion or erection of roof, shutter or door shall be permitted to buildings existing before the commencement of the Act subject to sub-rules (2) to (10) of this rule, even though the existing building and proposed floor(s) or work docs not satisfy the provisions under rules 27, 28, 36, 37 and the provisions under Chapter VI and Chapter VII:Provided that alteration of existing building shall be permitted for the limited purpose of constructing staircase of ramp or flight of steps for use as access to the proposed floors, if such alteration satisfies the provisions under rule 28:Provided further that the owner shall have no right to claim cost or compensation for both the existing building and the proposed floor(s) or any portion thereof if the same is required to be demolished in future for any road widening, or development under any scheme approved by Government or an authority under them:Provided further that the owner shall be responsible for the structural stability and other safety of the building, both the existing and the proposed:Provided also that the alteration or addition/extension or other works mentioned herein shall be permitted, even if the existing building has one basement floor.(2)The proposed alteration or addition/extension shall satisfy the provisions regarding clearance from overhead electric lines specified under Table 1 of rule 26 and if such clearance is not available, no objection certificate issued by the Chief Electrical Inspector or an Officer authorised by him shall be produced for issuing permit.(3)The distance from the boundary of the plot abutting road to the proposed second floor over the existing building having ground floor and first shall be that of the first floor, if the said distance is less than that required under rule 28.(4)The distance from the boundary of the plot abutting road to the proposed first floor or first and second floors over the existing building having ground floor, shall be that of the ground floor, if the said distance is less than that required under rule 28.(5)In the case of residential or special residential or mercantile/commercial buildings alteration or addition/ extension of floor(s) or conversion of roof shall be permitted only if the existing building and the proposed floor(s) have average 60 centimetres open space from the boundaries of all the plots on its sides including rear:Provided that if any portion, or side of the building abuts the plot boundary or have an open space less than that specified above, a consent document issued by the owner of the plot on the abutting portion/side shall be produced along with the application for permit:Provided further that not more than two sides shall be permitted to abut the boundary even with such consent document.(6)In the case of occupancies other than that mentioned under sub-rule (5), alteration or addition (extension) of floor (s) or conversion of roof shall be permitted only if the existing building and the proposed floor(s) have average 1.00 metre open space from all the plots on its sides including rear:Provided that no building under Group G 1 Low and Medium hazard Industrial, Group G2 High hazard Industrial and Group I Hazardous occupancies shall be permitted under this rule.(7)The maximum coverage permissible shall, if the proposed is for first and second floors, be that of the ground floor over which such floors are proposed and if the proposal is for second floor, be that of the first floor over which such floor is proposed:Provided that the proposed floor(s) shall not extend beyond the limits of the existing building.(8)The maximum floor area ratio permissible under this rule shall be as in Table 2 under rule 35 and for calculating the maximum floor area ratio permissible, the floor area of the proposed floor(s) and floor area of the existing building shall be taken into account.(9)Off street parking shall be provided as in Table 4A and 4B under rule 38 for the proposed floor(s) irrespective of whether off street parking is available for the existing building or not:Provided that where the carpet area of the building including the proposed floor(s) does not exceed 300 sq.metres, provisions regarding car parking shall not be insisted for permitting alteration or addition (extension) of floor(s).(10)In the proposed alteration or addition (extension) of first and second floor(s), door shall be permitted only on the side or portion having 1.00 metre open space, window shall be permitted only on the side or portion having 60 centimetres open space and no opening shall be permitted on the side or portion having less than 60 centimetres open space.
