Section 95 in West Bengal Municipal (Building) Rules, 2007

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State of West Bengal - Section

Section 95 in West Bengal Municipal (Building) Rules, 2007

95. Definitions.

In this part,

(1)"alley" means a secondary public thoroughfare which affords a means of access to the abutting property;

(2)"Anita" or "Mumty (Stair Cover)" means a cabin, that is, the structure with a covering roof over a staircase and its landing built to enclose only the stairs for the purpose of providing protection from weather and not used for human habitation;

(3)"apartment house" means a building arranged, intended or designed to be occupied by three or more families, independent of each other;

(4)"approved" means approved by the Bidhannagar Municipal Authority or Nabadiganta Industrial Township Authority, as the case may be;

(5)"Assembly Place" means a room, floor area, or building designed, intended or used to accommodate one hundred or more persons and used as a place for meetings, entertainments, instruction, worship, or any such other use;

(6)"Authority" means the Board of Councillors of the Bidhannagar Munici-pality, or the Nabadiganta Industrial Township Authority, as the case may be;

(7)"balcony'' means a horizontal projection, including a hand rail, or balustrade to serve as passage or sitting outplace;

(8)"Barsati", "Saiban" or "Penthouse" means covered space open at least on one side, constructed on a terraced roof used for shelter during rains;

(9)"height of building or building height of means the vertical distance, measured in the case of flat roofs, from the Road crown top level or 15 cm above of the Kerb Stone of the adjoining road, whichever is higher, to the highest point of the building and, in the case of pitched roofs, up to the point where the external surface of the outer wall intersects the finished surface of the sloping roof and, in the case of gables facing the road, the mid-point between the eaves level and the ridge.Explanation. Architectural features serving no other function except that of decoration shall be excluded for the purpose of taking heights. If the building does not abut on a street, the height shall be measured above the average level of the ground around and contiguous to the building;

(10)"building line" means the line up to which the plinth of a building adjoining on a street or on an extension of a street or on a future street lawfully extended. It includes the lines prescribed, if any, in any scheme;

(11)"building line permissible" means a line parallel to the front line of the plot at a distance of the minimum width of the front yard, other lines being as fixed by the Authority having jurisdiction;

(12)"ceiling height" means the vertical distance between the floor and the ceiling or the bottom of the roof beam in case there is a beam;

(13)"cross wall" means an internal wall built into an external or party wall up to its roof level and of which it forms the limiting factor for the purpose of deciding its thickness;

(14)"damp-proof course" means a course consisting of some appropriate waterproofing materials provided to prevent penetration of dampness or moisture from any part of the structure to any other part at a height of not less than 15 c.m. (6 inch) above the surface of the adjoining ground;

(15)"drain" includes a sewer, pipe, ditch, channel, and any other device for carrying off sewage, offensive matter, polluted water, sullage, waste water, rain water of sub-soil water, sealed sewage mains and special machinery or apparatus for raising, collecting, expelling or removing sewage or offensive matter to the sewage outfall;

(16)"drainage" means the act, process, method, or means of drainage, mode of discharge of water, system of drains;

(17)"exit" means a passage, channel or means of egress from any building, storey or floor area to a street or other open space of safety;

(18)"Filling Station" means an area of land including any structure or structures thereon, used or designed to be used for the storage and supply of gasoline or oil or other fuel for the propulsion of vehicles;

(19)"Fire-resisting material" means any of the following materials and the like

(a)masonry constructed with good, hard, sound and well-burnt bricks, fire bricks, stone or other hard and incombustible materials properly bonded and set in lime-surki, or lime-sand, or neat cement, or cement-sand mortar;

(b)reinforced cement concrete, and other incombustible cement products;

(c)teak and other hard woods when used for beams and posts or in combination with iron, the timber and iron being protected by a plastering or coating with an incombustible and non-conducting external coating not less than 6 cm (or 2 inch) thick, or, in the case of timber, not less than 2.5 cm. (or 1 inch) thick;

(d)slates, tiles, bricks, and terracotta when used for covering and corbelling;

(e)concrete, not less than 10 cm (or 4 inch) in thickness, composed of broken bricks, stone chippings or ballast and lime, cement when used for filling in between floor joists; and

(f)any other material approved by any Authority having jurisdiction;

(20)"footing" means the offset portions of a foundation to provide for a greater bearing area;

(21)"foundation" means the part of a structure: which is below the lowermost floor and which provides support for the superstructure and which transmits loads of the superstructure to the bearing materials;

(22)"gallery" means the raised portion of a room, which remains open to the room;Explanation. The floor of the gallery may be either level or sloped. If the space below the gallery is enclosed or divided off from the room, the space so enclosed remains a ground floor room. If the side of the gallery which was open to the room is filled by a wall or partition, the gallery becomes a mezzanine floor;

(23)"garage private or private garage" means a building or outhouse designed or used for the storage of private owned motor vehicles;

(24)"garage public or public garage" means a building or portion thereof, other than private garage, operated for gain, designed or used for repairing, servicing, hiring, selling or storing motor driven or other vehicles;

(25)"ground floor" means the storey of a building to which there is an entrance from the outside of the adjacent ground or street;

(26)"ground level" means the average level of the centre line of the street or passage to which the plot abuts; or 15 cm above the abutting footpath level whichever is higher.

(27)"habitable room" means a room occupied or designed for occupancy by one or more persons for study, living, sleeping, eating, kitchen, if it is used as a living room but not including bathrooms, water closet compartment, laundries, serving and storage panties, corridors, cellars, and attic and spaces that are not used frequently;

(28)"head room" or "headway" means the vertical distance between the floor and the ceiling.Explanation. Where a finished ceiling is not provided, the underside of the joists or beams of tie beams shall determine the upper point of measurement;

(29)"latrine connected" means a latrine connected to the Government sewer system;

(30)"load dead or dead load" means the weight of all permanent stationary construction becoming a part of the structure;

(31)"load, Live or live load" means all loads except dead loads that may be imposed on a structure, and includes, Wind loads;

(32)"non-combustible", in relation to materials, means a non-combustible material which neither burns nor gives off inflammable vapours in sufficient quantity to ignite at a pilot flame;

(33)"owner" means the person who receives the rent of the said premises or would be entitled to do so if the premises were let, and includes,

(a)an agent or trustee who receives such rent on behalf of the owner;

(b)a receiver, executor or administrator or a manager appointed by any court of competent jurisdiction to have the charge of, to exercise the rights of, an owner of the said premises; or

(c)an agent or trustee who receives the rent of or is entrusted with or is connected with any premises devoted to religious or charitable purposes;

(34)"partition" means a wall which supports no load other than its own weight;

(35)"pathway" includes an approach constructed with materials, such as bricks, murram, concrete, stone, asphalt, or the like;

(36)"plaster" means a pier forming part of a wall partially projecting therefrom and bounded thereto,

(37)"plot" includes a parcel or piece of land occupied or intended to be occupied by the main building together with its accessory buildings, used customarily or as incidental to it, and includes the open spaces required by these rules and having frontage upon a street or upon a private way that has officially been approved by the Authority;

(38)"plot corner' means a plot at the junctions of and fronting on two or more intersecting streets,

(39)"plot, depth of or depth of plot" means the mean horizontal distance between the front and rear plot boundaries;

(40)"plot, double frontage or double frontage plot" includes a plot having a frontage on two streets other than a corner plot;

(41)"plot, interior or tandem" includes a plot access to which is by a passage from a street, whether such passage forms part of the plot or not:

(42)"porch" means a covered surface supported on pillars or otherwise for the purpose of pedestrian or vehicular approach to a building;

(43)"Rain Water Pipe" includes a pipe or drain situated wholly above ground and used or constructed to be used for carrying water directly from roof, surface of elevated courtyard or other open surface;

(44)"registered plumber/plumbing firm" includes a qualified Plumber/Plumbing Firm who or which has been registered and enrolled in the panel of the Authority;

(45)"road" means any highway, street, lane, pathway, alley, stairway, passageway, carriageway, footway, square, place or bridge, whether a throughfare or not over which the public have a right of passage or access or had passed and had access uninterruptedly for a specified period, whether existing or proposed in any scheme, and includes all bunds, canals, ditches, storm-water drains, culverts, sidewalks, traffic islands, road side tree and hedges, retaining walls, fences, barriers and railings within the road lines;

(46)"road line" means the line defining the side limits of a road;

(47)"sanctioned plan" means the set of drawings and statements submitted under these rules in connection with a building and duly approved and sanctioned by the authority;

(48)"service road" means a road provided at the rear or side of a plot for service purpose;

(49)"sewage drain" means a closed drain used or constructed to be used for conveying solid or liquid waste matter, excremental or otherwise, to a sewer;

(50)"shop" means a building or part of a building where articles of food of personal, domestic and household use and consumption are sold and goods of any kind are ordinarily retailed, but does not include a workshop;

(51)"slop sink" means a sink used or constructed to be used for receiving solid or liquid excremental matter;

(52)"smoke pipe" means a flue, approximately horizontal, of metal or other material in which smoke or the products of combustion are conducted from a furnace to a chimney;

(53)"storey topmost" means the uppermost storey in a building, whether constructed wholly or partly on the roof;

(54)"street" has the same meaning as in clause (45);

(55)"street level or grade" means the officially established elevation of the . centre line of the street upon which a plot fronts and if there is no officially established grade, the existing grade of the street at its mid-point;

(56)"structure" includes anything that is built or constructed, an edifice or building or any kind or any piece of work artificially built up or composed of parts joined together in some definite manner, and includes building;

(57)"to abut" means to abut on a road so that any portion of the building is on the road boundary;

(58)to erect" means to construct a building for the first time or to reconstruct existing building after demolishing it according to some fresh or revised plan;

(59)"to make material alterations" means to make any modification in any existing building by way of addition or alteration, or any other change in the roof, window, door, compound, sanitary drainage system in any respect whatsoever, and includes

(a)conversion of a building or any part thereof for human habitation as one dwelling house into more than one dwelling house and vice versa;

(b)conversion of a building or a part thereof not suitable for human habitation into a dwelling house or vice versa;

(c)conversion of a dwelling house or a part thereof into a shop, warehouse or factory or vice versa;

(d)conversion of a building used or intended to be used for one purpose, such as shop, warehouse, factory, etc. into one for another purpose.

Explanation. Opening of a window and providing intercommunication doors shall not be considered as material alterations. Similarly, modifications in respect of gardening, white-washing, painting, retailing and other decorative works shall not be deemed to be material alterations.

(60)"to re-erect" means to construct for a second time or subsequent times a building or a part of a building after demolishing it, on the same plan as had been previously sanctioned;

(61)"wall, external or external wall" includes an outer wall or a vertical enclosure of any building being a party wall, even though adjoining a wall of another building, and includes a wall abutting on an interior open space of any building;

(62)"wall, party or party wall" includes a wall built on land belonging to two adjoining owners, the wall being the joint property of both owners.Explanation. If each of the two adjoining owners builds a dividing wall on their own property, they are not 'Party 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. Any such 'Party wall' or dividing wall shall be considered, for the purposes of these rules as being equivalent to an external wall, as far as thickness and height are concerned;

(63)"wall, part, compound" includes wall, used or constructed to be used for separation of adjoining lands of different owners and not being part of a building, but does not include a wall constructed on the land of one owner, the footings of which project over the land of another owner;

(64)"warehouse" means a building, the whole or a substantial part of, which is used or intended to be used for the storage of goods, whether for keeping or for sale or for any similar purpose, but does not include a store-room attached to and used for the proper functioning of a shop;

(65)"window" includes an opening to the outside, other than a door, which provides all or part of the required natural light and ventilation or both to an interior space;

(66)"water closet (WC)" means a privy with arrangement for flushing the pan with water, but does not include a bathroom;

(67)"yard" means an open space at ground level between a building and the adjoining boundary lines of the plot unoccupied and unobstructed, except by encroachments or structures specially permitted by these rules on the same plot with a building;Explanation. All yard measurements shall be the minimum distance between the front plot boundary, rear plot boundary and side plot boundary, as the case may be, and the nearest point of the building including enclosed or covered porches. Every part of every yard shall be accessible from every other part of the same yard;

(68)"yard, front or front yard" means a yard extending across the front of a plot between the side yard lines and being the minimum horizontal distance between the street line and the main building or any projection thereof other than steps, un-enclosed balconies and unenclosed porches;

(69)"yard, rear or rear yard" means a yard extending across the rear of a plot between the side yard lines and being the minimum horizontal distance between the rear plot boundary and the rear of the building or any projection other than steps, un-enclosed balconies or un-enclosed porches;

(70)"yard, side or side yard" means a yard between the building and the side line of the plot and extending from the front line to the rear line of the plot and being the minimum horizontal distance between a side boundary line and the sides of the building or any other projection other than steps, un-enclosed balconies or un-enclosed porches.Note : The different categories of plots mentioned in these rules, shall be as specified below :

Category of Plot	Areas
1.5k	Any Plot having area of less than 2 cottahs;
2k	Any Plot having area of less than 3 cottahs;
3k	Any Plot having area 3 cottahs or more but lessthan 4 cottahs;
4k	Any Plot having area 4 cottahs or more but lessthan 5 cottahs;
5k	Any Plot having area 5 cottahs or more but lessthan 5 cottahs;
6k	Any Plot having area 6 cottahs or more but lessthan 6 cottahs;
7k	Any Plot having area 7 cottahs or more but lessthan 7 cottahs;
8k	Any Plot having area 8 cottahs or more but lessthan 8 cottahs;
9k	Any Plot having area 9 cottahs or more but lessthan 9 cottahs;
10k	Any Plot having area 10 cottahs or more but lessthan 10 cottahs;

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State of West Bengal - Section

Section 95 in West Bengal Municipal (Building) Rules, 2007

95. Definitions.