Section 2 in Bangalore Mahanagara Palike Building Bye-laws 2003
2. DEFINITIONS.
In these Bye-laws, unless the context otherwise requires, the expressions given below shall have the meaning indicated against each of them.2.1‘Act’ means the Karnataka Municipal Corporations Act, 1976.2.2‘agriculture’ includes horticulture, farming, growing of crops, fruits, vegetables, flowers, grass, fodder, trees of any kind or cultivation of soil, breeding and keeping of live stockincluding cattle, horses, donkeys, mules, pigs, fish, poultry and bees, the use of land which is ancillary to the farming of land or any purpose aforesaid but shall not include the use of any land attached to a building for the purpose of garden to be used along with such building; and ‘agriculture’ shall be construed accordingly.2.3‘alteration’ means a structural change such as an addition to the area or height, or the removal of part of building, or any change to the structure such as construction or, cutting into or removal of any wall, partition, column, beam, joint, floor or other support, or a change to or closing of any required means of ingress or egress.2.4‘apartment’ means a part of the property intended for any type of independent use, including one or more rooms or enclosed spaces located on one or more floors (or part or parts thereof) in a building, intended to be used for residential purposes and with a direct exit to a public street, road, or highway or to a common area leading to such street, road or highway;2.5‘apartment building / multi dwelling units’ means a building containing four or more apartments / dwelling units, or two or more buildings, each containing two or more apartments / dwelling units with a total of four or more apartments / dwelling units for all such buildings and comprising or part of the property.2.6‘applicant’ means any person who gives notice to the Authority with an intention to erect or re-erect or alter a building.2.7‘Authority’ means the Commissioner of the Bangalore Mahanagara Palike or an Officer to whom the powers of sanction of building licences are delegated by the Commissioner.2.8‘balcony’ means a horizontal cantilever projection including a handrail or balustrade, to serve as passage or sit out place.2.9‘basement storey or cellar’ means any storey, which is partly/wholly below the ground level. The basement height should not project more than one metre above the average ground level.2.10‘ building’ includes(a)house, out-house, stable, privy, shed, well, verandah, fixed platform, plinth, door step and any other such structure whether of masonry, bricks, wood, mud, metal or any other material whatsoever;(b)a structure on wheels simply resting on the ground without foundation;(c)a ship, vessel, boat, tent and any other structure used for human habitation or used for keeping animals or storing any article or goods.2.11‘building line’ means the line upto which the plinth of buildings may lawfully extend within the plot on a street or an extension of a street and includes the line prescribed, if any, or in any scheme.2.12‘chejja’ means a continuous sloping or horizontal cantilever projection provided over an opening or external wall to provide protection from sun and rain.2.13‘chimney’ means a structure usually vertical containing a passage or flue by which the smoke, gas, etc., of a fire or furnace are carried off and by means of which a draught is created.2.14‘commercial building’ means a building or part of a building, which is used as shops, and/or market for display and sale of merchandise either wholesale or retail, building used for transaction of business or the keeping of accounts, records for similar purpose; professional service facilities, corporate offices, software services, offices of commercial undertakings and companies petrol bunk, restaurants, lodges, nursing homes, cinema theatres, banks, clubs run on commercial basis. Storage and service facilities incidental to the sale of merchandise and located in the same building shall be included under this group, except where exempted.2.15‘common wall’ means(a)a wall built on land belonging to two adjoining owners, the wall being the joint property of both owners.(b)if two adjoining owners build a dividing wall on their property they are not common walls and no part of the footings of either wall shall project on to the land of the adjoining owner, except by legal agreement between the owners.(c)any such ‘common’ or ‘dividing’ wall shall be considered for the purpose of these bye-laws, as being equivalent to an external wall as far as the thickness and height are concerned.2.16‘corner plot’ means a plot facing two or more intersecting streets.2.17‘corporation’ means the Bangalore Mahanagara Palike established under the Act, which is also called as the Bangalore Mahanagara Palike.2.18‘court yard’ means a space open to the sky, enclosed or partially enclosed by buildings, boundary walls, or railings. It may be at the ground floor level, or at any other level within or adjacent to buildings.2.19'covered area’ means area covered by building / buildings immediately above the plinth level, but does not include the space covered by(a)court yard at the ground level, garden, rocky area, well and well structures, plant, nursery, water pool, swimming pool (if uncovered) platform around a tree, tank, fountain, bench with open top and unenclosed sides by walls and the like;(b)drainage, culvert, conduit, catch-pit, gullypit, chamber gutter and the like;(c)compound or boundary wall, gate, un-storeyed porch and portico, chejja, slide, swing, uncovered staircase, watchman booth, pumphouse.The area covered by watchman booth/pumphouse shall not exceed three square metres; and(d)sumptank and electric transformer.2.20‘cross wall’ - means an internal wall within the building upto the roof level or lintel level.2.21‘density’ means concentration of population expressed in terms of number of persons per hectare in a particular area.2.22‘detached building’ means a building, the walls and roof of which are independent of any other building with open spaces on all sides, except the portion covered by the garage.2.23‘development’ with its grammatical variations- means the carrying out of building, engineering, mining or other operations in, or over or under land or the making of any material change in any building or land or in the use of any building or land and includes sub-division of any land.2.24‘development plan’ means Outline Development Plan or Comprehensive Development Plan or Revised Comprehensive Development Plan for the City of Bangalore approved by the Government under the Karnataka Town and Country Planning Act, 1961.2.25‘drain’ means any pipe or other construction emanating from a plumbing fixture unit, traps, gullies, floor traps, etc., which carries water, or waste water in a building and connects to the drainage system.2.26‘drainage’ means the removal of any waste liquid by a system constructed for this purpose.2.27‘dwelling unit/tenement’ means an independent housing unit with separate facility for living, cooking and sanitary requirements.2.28‘exit’ means a passage, channel or means of egress from any floor to a street or other open space of safety.2.29‘external wall’ means an outer wall of the building not being a partition wall even though adjoining a wall of another building and also a wall abutting on an interior open space of any building.2.30‘first floor’ means the floor immediately above the ground floor, on which second and other floors follow subsequently.2.31‘flatted factory’ means a premises having group of non-hazardous small industrial units as given in schedule IA and IB having not more than 50 workers. These units may be located in multi-storeyed buildings.2.32‘floor’ means the lower surface in a storey on which one normally walks in a building. The general term ‘floor’ does not refer basement or cellar floor and mezzanine.2.33‘floor area ratio’ (FAR) means the quotient obtained by dividing the total covered area of all floors by the area of the plot. Floor area includes the mezzanine floor also.F.A.R. = Total covered area of all floors / Plot area2.34‘footing’ means the projecting courses at the base of a wall to spread the weight over a large area.2.35‘foundation’ means that part of structure which is below the lowest floor and which provides support for the superstructure and which transmits the load of the superstructure to the bearing strata.2.36‘frontage’ means the measurement of the side of any site abutting the road.2.37‘garage’ means a structure designed or used for the parking of vehicles.2.38‘Government’ means the Government of Karnataka.2.39‘ground floor’ means immediately above the level of the adjoining ground level on all sides, sides or above the basement floor.2.40‘group housing’ means more than two buildings on a plot with one or more floors and with one or more dwelling units in each floor. They are connected by an access of not less than 3.5m in width, if they are not approachable directly from the road.2.41‘habitable room’ means a room occupied or designed for occupancy by one or more persons for study, living, sleeping, cooking, eating, but does not include bath rooms, water closet compartments, laundries, serving and storage pantries, corridors, cellars, attics and spaces that are not used frequently or during extended periods.2.42‘hazardous buildings’ means a building or part of a building which is used for the storage, handling, manufacture or processing of highly combustible or explosive material or products which are liable to burn with extreme rapidity or which may produce poisonous flames or explosives; building used for storage, handling, manufacturing or processing of highly combustible or explosive materials or products which are liable to burn with extreme rapidity and or which may produce poisonous fumes or explosives;buildings used for storage, handling, manufacturing or processing materials which involve highly corrosive, toxic or abnoxious alkalies, acids or other liquor or chemicals producing flame, fumes and explosives, poisonous, irritant or corrosive gasses and for the storage, handling or processing of any materials producing explosive mixtures of dust or which result in the division of matter into fine particles subject to spontaneous ignition.2.43‘head room’ where a finished ceiling is not provided, the lower side of the joists or beams or tie-beams shall determine the clear head room.2.44‘heavy industry’ means an industry employing more than 500 workers. These industries are permissible only in accordance with the land use as per the Revised Comprehensive Development Plan approved by the Government.2.45‘height of building’ means the vertical distance measured, in the case of flat roofs from the average level of the site to the top of the roof, and in the case of pitched roofs upto the point where the external surface of the outer wall intersects a finished surface of the sloping roof, and in the case of gable facing the street, the mid point between the eave-level and the ridge. Architectural features, serving no other function except that of decoration shall be excluded for the purpose of measuring height. Water tank, chimneys, lift room, stair case room, and parapet are also excluded for the purpose of measuring height.2.46‘high-rise building’ means a building with ground floor plus four or more floors above the ground floor.2.47‘industrial building’ means a building wholly or partly used as a factory, for the manufacture of products of all kinds including fabrication and assembly, power plant, refinery, gas plant distillery, brewery, dairy, factory, workshop etc.2.48‘land use’ includes the purpose to which the site or part of the site or the building or part of the building is in use or permitted to be used by the Authority. Land use includes zoning of land use as stipulated in the development plan and the Zoning Regulations.2.49‘licence’ means a permission or authorisation in writing by the Authority to carry out work regulated by the bye-laws.2.50‘lift’ means an appliance designed to transport persons or materials between two or more levels in a vertical or substantially vertical direction by means of a guided car platform.2.51‘light industry’ means an industry employing not more than 50 workers with power or without power, aggregate installed power not exceeding 25 HP, and which conforms to performance standards as given in Schedule 1B not causing excessive, injurious or obnoxious fumes, odour, dust, effluent or other objectionable conditions.2.52‘loft’ means a residual space above the floor level, which may be constructed or adopted for storage purposes.2.53‘medium industry’ medium industry which employs not more than 500 workers and conforming to performance standards as given in Schedule 1C.2.54‘mezzanine floor’ means an intermediate floor between the ground floor and first floor only. The area of mezzanine floor shall not exceed 1/3 of covered area of ground floor.2.55‘non-combustible materials’ means a material which neither burns nor gives off inflamable vapours in sufficient quantity to ignite a pilot flame.2.56‘occupancy or use group’ means the principal occupancy for which a building or a part of the building is used or intended to be used. For the purpose of classification of a building according to an occupancy, an occupancy shall be deemed to include subsidiary occupancies which are contingent upon it.Note: The building use classification and definitions applicable for the purpose of building bye-laws and land use classification shall be based on the provisions of Zoning Regulations approved under the Karnataka Town and Country Planning Act, 1961 as illustrated in SCHEDULE I, IA, IB and IC.2.57‘open space’ means an area forming an integral part of the plot, left open to sky.2.58‘owner’ includes the person for the time being receiving or entitled to receive, whether on his own account or as an agent, power of attorney holder, trustee, guardian, manager or receiver for another person or for any religious or charitable purpose, the rent or profits of the property in connection with which the word is used.2.59‘parapet’ means a low wall or railing built along the edge of a roof.2.60‘parking space’ means an area enclosed or unenclosed, covered or open sufficient in size to park vehicles together with a drive-way connecting the parking space with a street or any public area and permitting the ingress and egress of the vehicles.2.61‘penthouse’ means a covered space not exceeding 10 square metres on the roof of a building which shall have atleast one side completely open without any partition.2.62‘person’ includes any body of persons corporate or incorporate.2.63‘plinth’ means the portion of a structure between the surface of the surrounding ground and surface of the floor immediately above the ground.2.64‘plinth area’ means the built up covered area of the building / buildings immediately above plinth level.2.65‘plinth level’ means the level of the floor of a building immediately above the surrounding ground.2.66‘plot or site’ means a continuous portion of land be demarcated by definite boundary including the land within the curtilage of the building and forming its appurtenance, such as out buildings, yard, court, open space, and garden attached thereto or intended to be occupied therein.2.67‘porch or portico’ means a roof cover supported on pillars or cantilevered projection for the purpose of pedestrian or vehicular approach to a building.2.68‘public and semi-public building’ means a building used or intended to be used either ordinarily or occasionally by the public such as offices of State or Central Government or Local authorities, a church, temple, chapel, mosque or any place of public worship, dharmashala, college, school, library, theatre for cultural activities, public concert room, public hall, hospital run by public institutions, public exhibition hall, lecture room or any other place of public assembly.2.69‘residential building’ means a building used or constructed or adopted to be used wholly for human habitation and includes garages, and other out-houses necessary for the normal use of the building as a residence.2.70‘road width’ means the distance between the boundaries of a road including footways and drains measured at right angles to the centre of the plot. In case of roads having service roads in addition to the main roads, the width of road shall be the aggregate width of service roads and main roads for determining FAR and No. of Floors.2.71‘room height’ means the vertical distance measured between the finished floor surface and the finished ceiling surface. Where a finished ceiling is not provided, the under side of the joists or beams or tie-beams shall determine the upper point of measurement.2.72‘registered architect/engineer / supervisor’ means a qualified Architect / Engineer / Supervisor registered by the Authority.2.73‘row housing’ means row of houses with minimum three dwelling units attached to each other by a common wall with only front and rear open spaces.2.74‘semi detached building’ means a building on two plots attached to each other by a common or adjacent wall with open spaces (set backs) on three sides.2.75‘service industry’ means an industry where services are offered with or without power. If power is used, aggregate installed capacity shall not exceed 5 HP or the site area shall not exceed 240 square metres. Service industries shall be permitted in the light industries zone of the development plan as given in Schedule IA.2.76‘set back line’ means a line prescribed under these bye-laws beyond which nothing can be constructed towards the plot boundary except those not included under the definition of coverage.2.77‘stair case room’ means a room accommodating the stair and for purpose of providing protection from weather and not used for human habitation.2.78‘storey’ means the space between the surface of one floor and the surface of the other floor vertically above or below.2.79‘to abut’ in relation to the building or any portion of it means to touch the road boundary or the adjoining plot or building.2.80‘to erect’ means to construct a whole or a part of a new building on any site whether previously built upon or not; including additions or alterations to an existing building.2.81‘water closet’ means a privy with arrangements for flushing the pan with water but does not include a bathing room.2.82‘Zoning Regulations’ means Zoning of Land use and Regulations issued along with the development plan of Bangalore City prepared under the Karnataka Town and Country Planning Act, 1961 prescribing the uses permissible in different land use zones, the open spaces around buildings, plot coverage, floor area ratio, height of the building, building lines, parking etc.Note: - The words and expressions not defined in these bye-laws shall have the same meaning as in the Karnataka Municipal Corporations Act, 1976 and the Karnataka Town and Country Planning Act, 1961.
