Section 3 in West Bengal Municipal (Building) Rules, 2007
3. Criteria of using a piece of land as a building site
(1) No piece of land shall be used as a site for the erection, re-erection, addition to, 'or alteration of, any building except in accordance with the provisions of the Act and these rules.(2)If any question arises as to what, for the purposes of the Act, shall be deemed to be the site for erection, re-erection, addition to or alteration of, any building, the Municipal Authority shall determine the same and his decision shall be final.(3)No piece of land shall be used as a building site in Municipality unless the Board of Councillors is satisfied that, (a)land record is in conformity with the proposed construction;(b)the level of the land is not lower than the level of the crown of the nearest public street;(c)the land is capable of being well-drained by means of drainage facilities leading to existing public drains or drainage channels;(d)the soil of the building site is likely to sustain the construction of a building thereon;(e)where the site is within 5.00 metres of any side of a tank, the owner will take such measures as shall prevent any risk of drainage from such building passing into the tank;Explanation. "soil' shall include rocks, boulders, laterite.(4)No piece of land in the municipal area, located in a sinking zone or central business area, as determined by the Board of Councillors, shall be used as a building site without prior approval of the State Government;Provided that for construction of any building on any building on any piece of land in the municipal areas of the hill areas, prior testing of soil by a Government recognised testing organisation, in respect of land shall be made.(5)No piece of land where a closed, sick or other industry was located or is in operation, shall be used as a site for construction of any building, other than an industrial building, without the prior approval of the competent authority appointed under clause (d) of section 2 of the Urban Land (Ceiling and Regulation) Act, 1976 (33 of 1976).(6)The site shall abut on a street or projected street and there shall be access from any such street by any passage appertaining to such site.(7)If in the opinion of the Municipal Authority it would be unsafe to construct a building on any piece of land, the Municipal Authority may prohibit any construction thereto.
