Section 2 in New Town Kolkata Planning Area (Building) Rules, 2014

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State of West Bengal - Section

Section 2 in New Town Kolkata Planning Area (Building) Rules, 2014

2. Definitions.

- (A) In these rules, unless the context otherwise requires -

(1)"the Act" means The West Bengal Town & Country (Planning & Development) Act, 1979;

(2)"addition to a building" means addition to the cubic content or to the floor area of a building;

(3)"advertising sign" means any surface of a structure with characters, letters, illustrations or illuminations applied thereto and displayed in any manner whatsoever to public view for purposes of advertising or to give information regarding or to attract the public to any place, person. Public performance, article or merchandise whatsoever, and which surface or structure is attached to, forms part of or is connected with any land, building or is fixed to a wall, hoarding, frame, post, kiosk or structure or to the ground or to any post, fence or displayed in space or in screen but shall not include any board displaying the name and address of size not more than 1000 mm x 750 mm;

(4)"air-conditioning" means the process of treating air so as to control simultaneously its temperature, humidity, cleanliness and distribution to meet the requirement of conditioned space;

(5)"alteration" means change from one occupancy to another, or a structural change, such as an addition to the area or height, or the removal of part of a building, or any change to the structure, such as, the construction of or cutting into or removal of any wall, partition, column, beam, joist, floor or other support, or the change to or closing of any required means of ingress or egress, or the change to the fixture or equipment;

(6)"apartment" means an independent dwelling unit with a kitchen or kitchenette or Pantry, sanitary toilet, ablution and washing spaces or part of a property having a direct exit to a street or a passage or to a common area leading to such street or passage which together with its undivided interest in the common areas and facilities forms an independent unit;

(7)"applicant" means owner of the land and includes authorized representative of the owner or anybody having construction right in accordance with law and shall also include the transferee;

(8)"Architect" means a person registered as such under the provisions of the Architects Act, 1972 and also includes an architect having the qualifications and experience prescribed in Sub-Rule-2(i) of Rule-22;

(9)"balcony" means a horizontal projection with a handrail or balustrade or a parapet, to serve as passage or sitting out place;

(10)"basement" means the lower storey of a building, partly or wholly below the ground level;

(11)"building" means a structure constructed for whatsoever purpose and of whatsoever materials, and includes the foundation, plinth, wall, floor, roof, chimney, fixed platform, veranda, balcony, chajja, cornice or projection or a part there of or anything affixed thereto or any wall (other than boundary wall) enclosing or intended to enclose any land but does not include a tent, samiana or tarpaulin shelter erected for temporary use with the permission of the New Town Kolkata Development Authority;

(12)"Building Committee" means a committee constituted by the New Town Kolkata Development Authority (NKDA) for advising appropriate authority regarding sanctioning and erection of building or any other issues as raised by such authority from time to time;

(13)"Building Plan" means a plan accompanying a notice for sanction or provisional sanction for erection, re-erection, addition to or alteration of a building;

(14)"building services" in relation to a building means lighting and ventilation, electrical and allied installations, air-conditioning, heating and mechanical ventilation, acoustics, sound insulation and noise control, installation of lifts and escalators, water supply, drainage and sanitation, gas supply, landscaping, fire fighting and safety arrangements and solid waste management;

(15)"carpet area" means the covered area of a building at any floor level, excluding the area of walls and structural members;

(16)"chajja" or "cornice" or "weather shade" means a sloping or horizontal structural overhang usually provided over openings on external walls to provide protection from sun and rain or provided at any other level;

(17)"chimney" means the construction by means of which a flue is formed for the purpose of carrying the products of combustion to the open air and includes chimney stack/ stay and flue pipe;

(18)"Civil Engineer" means a civil engineer having the qualifications and experience prescribed in Sub-Rule-2(ii) of Rule- 22;

(19)"clear height" shall be the vertical distance measured from the surface of the floor to the lowest point of the ceiling or the underside of any slab;

(20)"commencement of work" in relation to a building means the actual commencement of erection of a building including foundation work or re-erection or alteration. But mere excavation of earth or demolition of existing building shall not determine as commencement of work during renewal of building plan;

(21)"courtyard" shall mean an area permanently open to sky enclosed partly or fully by one or more building and/or by walls;

(22)"covered area" means the ground area covered by building immediately above plinth level considering all the floors at all levels, but does not include the spaces exempted under these rules and the space covered by -

(i)garden, boundary, well and well structure, plant nursery, water pool, swimming pool (if not covered), platform round a tree, tank, fountain or bench,

(ii)drainage, culvert, conduit, septic tank or soak pit,

(iii)compound wall and gate, and area covered by chajja and cupboard;

(23)"dangerous" in relation to a building means a building which by reason of its age, inadequate maintenance, dilapidation, abandonment or by any other reason, has become structurally unsafe or is not provided with adequate means of egress or which constitutes a fire hazard or which has otherwise become dangerous to human life;

(24)"New Town Kolkata Development Authority" means the New Town Kolkata Development Authority constituted under the New Town Kolkata Development Authority Act, 2007;Note : Role of New Town Kolkata Development Authority (NKDA) - NKDA will issue NOC for buildings beyond the height of 15 (Fifteen) meter and/or on more than 1(one) Hectare of land within planning area on payment of requisite charges.

(25)"drain" includes sewer, a house drain, or a drain of any other description, a tunnel, a culvert, a ditch, a channel and any other device for carrying off sludge, sewage, offensive matter, polluted water, rain water or subsoil water;

(26)"drainage" means the removal of any liquid by a system constructed for the purpose;

(27)"dome" means a curve roof structure spanning an area; often spherical in shape and includes a square fabricated pan form; used in two ways joist concrete floor construction, a vault substantially hemispherical in shape, but sometime slightly pointed or bulbous; a ceiling of similar form;

(28)"Electrical Engineer" means an electrical engineer having qualifications and experience prescribed in Sub-Rule - 2(viii) of Rule- 22;

(29)"Electrical Supervisor" means an electrical supervisor having qualifications and experience prescribed in Sub-Rule- 2(ix) of Rule- 22;

(30)"escalator" means a mechanical device to transport persons between two or more levels in an inclined direction by means of guided moving steps;

(31)"floor" means the lower surface in a storey after finishing on which one normally walks in a building, unless otherwise specifically mentioned;

(32)"floor area" means the covered area of a building at any floor level;

(33)"Floor Area Ratio" means the quotient obtained by dividing the total covered area on all floors, excluding the areas as exempted in these rules, by the plot-area, viz.,

"Floor Area Ratio (F.A.R.)"=| Total covered area on all floorsPlot Area|

(34)"form" means a standard format for application to the authorities appended to these rules;

(35)"Geo-Technical Engineer" means a geo-technical engineer having qualifications and experience as prescribed in Sub-Rule- 2(iv) of Rule- 22;

(36)"Ground Coverage" means the maximum area of the building footprint at the ground level, considering all horizontal projections in all floors, excluding the cornices, chajjas and architectural features projecting upto 600 mm from the outer building line;

"Ground Coverage"=| The area of the plot covered by building. whenvertically projected on the ground level x 100Total area of the plot|

(37)"ground level of the plot" shall be average level of the centre line of that portion of the means of access on which the plot abuts;

(38)"habitable room" means a room occupied or designed for occupancy by one or more persons for study, living, sleeping, eating, but not including bath-rooms, water-closet, compartments, laundries, serving and storage pantries, corridors, cellars, attics and spaces that are not used frequently or during extended period clause;

(39)"height of the building" means the vertical distance measured from the average level of the means of access to which the plot abuts, to the highest point of the building whether with flat roof or slope roof excluding appurtenant structures on the roof;

(40)"interior open space" is a courtyard enclosed on all sides;

(41)"interpolation" means a method of calculating a new point between two or more existing data points;

(42)"Joint Open Space" is the space between two buildings whether or not both buildings belong to the same owner;

(43)"kiosk" means a small pavilion, usually open, built in gardens or parks. A similar structure, often enclosed, for the sale of merchandise such as newspaper or magazines;

(44)"kitchenette" means a cooking space or a cooking alcove;

(45)"ledge or land" means a shelf-like projection, supported in any manner except by means of vertical supports within a room itself but not having projection wider than 750 mm, to be used only as storage space;

(46)"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 guided car platform;

(47)"lift-well" means a vertical space for movement of lift-cage;

(48)"loft" means an intermediary floor between two floors or a residual space in a pitched roof, above normal floor level which is constructed or adopted for storage purposes;

(49)"LUDCP" means Land Use and Development Control Plan as declared under the West Bengal Town and Country (Planning and Development) Act, 1979;

(50)"means of access" means any road, street, lane, passage giving access to the plot being a right of way, and includes such features as drain, median strip, shoulder or berm, bridge, culvert, burrow pit etc. between the two boundary walls of the premises on either sides of such right of way or, where a street alignment has been fixed and the area within such alignment has been acquired by competent authority and the alignment has been demarcated or is capable of being demarcated up to such alignment.

(51)"mezzanine floor" means an intermediate floor between the ground floor and the first floor or between any two floors;

(52)"minaret" means a tall tower in or contiguous to a mosque with stairs leading up to one or more balconies from which the faithful are called to prayer;

(53)"open space" means an area, forming an integral part of the plot at ground level and shall be open to the sky without any projection or overhang excepting cornices, chajjas or weather shades of not more than 600 mm width, which may be designated in different manner as follows:-

(i)"open space of a building" means an open space at ground level forming an integral part of the plot between the extreme face of the building and the nearest boundary line of the plot. Marginal open space along the entire front face or rear face or the side faces of the building shall be designated as front open space, rear open space and side open spaces respectively. For this purpose, the front of the building shall be that face of the building which faces the means of access of the building and the rear of a building shall be deemed to be that face of the building, which is the farthest from the means of access;

(ii)"public open space" means any open space which is open to the use and enjoyment of the public, whether it is actually used or enjoyed by the public or not and whether the entry is regulated by charge or not;

(iii)"green open space" means an area open to sky and left uncovered so that greenery can grow as well as surface water can percolate underground;

(54)"parapet" means a low wall or railing built along the edge of a roof or a floor;

(55)"partition wall" means an interior non load bearing wall, one storey or part-storey in height;

(56)"parking space" means an area enclosed or unenclosed, covered or open, sufficient in size to park vehicles with a driveway connecting the parking space with a street or alley and permitting ingress and egress of vehicle. It excludes parking space required for repair of vehicle;

(57)"Planning Area" means an area as notified by the State Government from time to time and as stated in Schedule - I;

(58)"Planning Authority" means the planning authority declared under the West Bengal Town and Country (Planning and Development) Act, 1979; that is WBHIDCO (West Bengal Housing & Infrastructure Development Corporation Ltd.) who is entrusted to issue NOC (No Objection Certificate) regarding LUDCP (Land Use and Development Control Plan as declared under the West Bengal Town and Country (Planning and Development) Act, 1979);

(59)"plinth" means the part of a wall or structure between the ground level and the level of the lowest floor of a building above ground level;

(60)"plumber" means a plumber having qualifications and experience prescribed in Sub-Rule -2 (x) of Rule- 22;

(61)"Public Health Engineer" means a Public Health Engineer having qualifications and experience prescribed in Sub-Rule-2(vii) of Rule-22;

(62)"rule" means a rule of these rules;

(63)"Sanctioning Authority", for the purposes of the rules is the Executive Officer of Rajarhat or Bhangore - II Panchayat Samities, as the case may be for the area under the mouzas within their respective jurisdiction;

(64)"schedule" means a schedule appended to these rules;

(65)"single building" means a building having single block or multiple blocks connected at any level including basement level where mandatory open spaces are considered in respect of the tallest block;

(66)"stair cover" means a structure with a covering roof over a staircase and its landing built to enclose only the stair for the purpose of providing protection from weather and not used for human habitation;

(67)"stair-well" means a vertical space encircled/enclosed by the flights of stair;

(68)"storey" means the portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between any floor and the roof next above it;

(69)"Structural Engineer" means a structural engineer having qualifications and experience prescribed in Sub-Rule- 2(iii) of Rule- 22;

(70)"Structural Reviewer" means a structural engineer having qualifications and experience prescribed in Sub-Rule- 2(xi) of Rule- 22;

(71)"toilet" means a room which is used both for bathing and water closet;

(72)"Town Planner" means a Town Planner having qualifications and experience prescribed in Sub-Rule-2(v) of Rule- 22;

(73)"Urban Designer" means an Urban Designer having qualifications and experience prescribed in Sub-Rule-2(vi) of Rule- 22;

(74)"use" means the purpose for which a plot or a part of a plot or a building is used or intended to be used:For the purpose of classification of a plot for undertaking building operation or a building according to occupancy, occupancy shall be deemed to include subsidiary occupancies, which are contingent upon it. The occupancy classification shall include residential, educational, institutional, assembly, business, IT&ITES, mercantile (retail), mercantile (wholesale), industrial, storage and hazardous. Principal occupancy shall be the occupancy covering 75% or more of the floor area of the building. The classification of buildings based on principal occupancy, shall be as follows:

(i)"Residential Building" that is to say, any building in which sleeping accommodation is provided for residential purpose as the principal use with or without cooking facility or dining facility or both and such building shall include one or two or multi - family dwellings, lodging or rooming houses, hostels, dormitories, apartment houses and flats, private garages and work and living studios;

(ii)"Educational Building" that is to say, any building used for school, college, library or day care purposes as principal use involving assembly for instruction, education or recreation, incidental to education;

(iii)"Institutional Building" that is to say, any building ordinarily providing sleeping accommodation for occupants and service providers used principally for the purposes of medical or other treatment or care of persons suffering from physical or mental illness, disease or infirmity, care of infants, convalescents of aged persons, veterinary services and for penal or correctional detention in which the liberty of the inmates is restricted and shall include hospitals, clinics, mental hospitals, veterinary hospital, dispensaries, sanatoria, custodial institutions and penal institutions like jails, prisons, and reformatories;

(iv)"Assembly Building" that is to say, any building where groups of people gather for amusement or recreation or for social, religious, patriotic, civil, travel, sports, and similar other purposes as the principal use and such shall include theatres, motion picture houses, drive - in - theatres, city halls, town halls, auditoria, exhibition halls, museums, scatting rings, restaurants, eating houses, bars, hotels, boarding houses, places of worship, dance halls, club, gymnasium, passengers stations and terminals of air, surface and other public transportation services, recreation piers and stadiums, amusement park;

(v)"Business Building" that is to say, any building used principally for transaction of business for keeping of accounts and records or for similar purposes and shall include buildings or premises solely or principally used as an office or for office purposes;

(vi)"IT/ITES Business Buildings" that is to say, any building used principally for transaction of Information Technology/ Information Technology Enabled Services Business;

(vii)"Mercantile Building (retail)" that is to say, any building used principally as shops, store or market for display or sale of merchandise on retail basis, or for office storage or service facilities incidental thereto, and shall include establishments, wholly or partly engaged in retail trade, manufacturers retail outlets including related storage facilities, warehouses and establishments.

(viii)"Mercantile Building (wholesale)" that is to say, any building used principally as shops, store or market for display or sale of merchandise on wholesale basis, or for office storage or service facilities incidental thereto, and shall include establishments, wholly or partly engaged in wholesale trade, manufacturers wholesale outlets including related storage facilities, warehouses and establishments engaged in truck transport (including truck transport booking agencies);

(ix)"Industrial Buildings" that is to say, any building or structure used principally for fabrication, assembly and or processing of goods and materials of different kind and shall include laboratories power - plants, smoke houses, refineries, gas plants, mills, dairies, factories, and workshops;

(x)"Storage Building" that is to say, any building used principally for the storage or sheltering of goods, wares and merchandise as in ware houses and shall include cold storage, freight depots, transit shades, store houses, public garages, hangers, silos, and barns;

(xi)"Hazardous Building" that is to say, any industrial building or storage building used for the storage, handling, manufacture or processing of highly combustible or explosive materials or products which are liable to bum with extreme rapidity or which may produce poisonous and/or noxious fumes or explosives during storage, handling, manufacturing or processing or which involve highly corrosive, toxic, or noxious alkalis, acids or other liquids or chemicals or radioactive elements producing flames, fumes, explosion or mixtures of dust or any other matter which result in the deviation of matter in two fine particles subject to spontaneous ignition;

(75)"W.C." or "water closet" means a privy with arrangement for flushing the pan with water but does not include a bathroom;

(76)"width of a road/street" means the whole width of space, including the service road (if any), footpath, open side drain and other features within the boundaries of the street, i.e., right of way.

(B)Words and expressions used and not defined in these rules, shall have the same meaning as respectively assigned to them in the Act and National Building Code of India (NBCI).

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State of West Bengal - Section

Section 2 in New Town Kolkata Planning Area (Building) Rules, 2014

2. Definitions.