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State of Kerala - Section

Section 100 in Kerala Municipality Building Rules, 1999

100. Special Provisions for addition etc. over existing buildings.

(1)Notwithstanding anything contained in these rules, 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 on the 30th March, 2000 subject to sub rules (2) to (10) of this rule, even though the existing building and proposed floor(s) or work does not satisfy the provisions under rules 24, 25, 26, 32, 33 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 or ramp or flight of steps for use as access to the proposed floors, if such alteration satisfies the provisions under rule 25: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 in this rule above shall be permitted even if the existing building have 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 23 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 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 25.
(4)The distance from the boundary abutting a 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 25.
(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 cms 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 meter open space from all the plots on its sides including rear:Provided that no industrial occupancy building under Group G1 and hazardous occupancy building under Group I (1) and Group I (2) 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 31 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 5 under rule 34 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 provision 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 cms. open space and no opening shall be permitted on the side or portion having less than 60 cms open space.