Section 11 in West Bengal Municipal (Building) Rules, 2007
11. Application to the Board of Councillors with a building plan for permission; to erect a new building or to make addition or alteration to a building.
(1) No person shall erect a new building. or re-erect or make addition to and/or alteration of any building or cause the same to be done without first obtaining a sanction in the form of a Building Permit from the E3oard of Councillors under these rules.(2)Notwithstanding the provisions of sub-rule (1), no Building Permit shall be required subject to consideration of structural safety of the said building as well as adjoining structure at the responsibility of owner and further subject to prior intimation to the Municipal Authority for,(a)erection, re-erection, addition to, or alteration of(i)an internal partition wall which does not violate any of the provisions of the Act or these rules, or(ii)a parapet wall or a cornice or chajja within the boundaries or the site are not overhanging a street, so, however, that the total height of the parapet wall shall not be more than 1.50 metres and width of the cornice or chajja shall not be more than 50 centimetres;(b)repairing of a staircase or lift-shaft; boundary wall;(c)white washing or painting;(d)reflooring of the surface of an existing floor;(e)re-construction of an existing damaged roof without changing the character and dimension of such roof;Provided that no such work as is referred to in clauses (a) and (c) shall be undertaken without giving the Board of Councillors fifteen days notice in writing stating the nature of work proposed to be undertaken;(f)erection of a false ceiling in any floor for air-conditioning, lighting or decorative purpose;(g)plastering and patch work;(h)providing or closing, an internal door or window, or a ventilator, not opening directly opposite a door or a window of another building;(i)replacing of fallen bricks, stones or repairing of damaged pillars or beams;(j)repairing or renewing existing plumbing services;(k)carrying out such other work as is necessary in the opinion of the Board of Councillors, for reasons to be recorded in writing, to maintain the building in a condition of good repair or to secure it to prevent danger to human life.(3)Every person intending to erect a new building or to make addition and/or alteration to any building, shall apply for sanction giving notice in writing in Form B attached to this rule along with the following(a)the Application shall contain, in addition to the notice as aforesaid, all declarations, indemnities, which the applicant has to comply with under the building rules, the duties payable under the Indian Stamp Act, in its application to West Bengal, on the various declarations, indemnities;(b)copies of documents showing that the applicant has exclusive right to undertake such works;(c)duly authenticated copies of receipts showing payment of tax to the Municipality for the quarter previous to the date of the application in respect of the land, building or portion thereof upon which the building is proposed to be erected, re-erected, added to or altered and a declaration from the Municipality stating that there is no arrear dues payable to the Municipality;(d)a declaration, stating the name, address and other particulars of technical personnel as the case may be, along with their consent who are engaged as per rule 15;(e)requisite number of copies of the drawings as stipulated in rule 12;(f)(i)certified copy of the approved site plan;(ii)certified copy of the reports of tests for stability of slopes and for soil as per requirements in rule 3 and such test report shall also indicate the maximum load that can be transferred to the soil of the particular site safely;(g)in the case of steel towers, the authenticated copy of the relevant license issued by the Government of India or the State Government.(4)In the case of site or plot measuring 500 square metres or above, covered by the Urban Land (Ceiling and Regulation) Act, 1976 (33 of 1976), the notice shall be accompanied by a no objection certificate" from the competent authority, appointed under clause (d) of section 2 of the said Act, to the effect that there is no objection in respect of transfer of the site or plot under sub-section (3) of section 5 of that Act;Provided that the requirement as aforesaid shall be deemed to have been waived on the failure of the competent authority to furnish the certificate within three months from the date of reference to it.(5)In case the intended use of the proposed building or part thereof is such that a license or permission is required from Government or any statutory body under any law for the time being in force, the necessary permission or license shall have to be obtained prior to use of such space and by virtue of the sanction the application will not have any automatic right of such use nor the sanction will have any overriding effect on any other law or statute in force.(6)The notice shall, where necessary, be accompanied by,(a)documents, namely Clearance Certificate or Permission or Observation or No Objection certificate, as the case may be, as may be required for obtaining sanction of the building plan;(b)certified copy of the registered deed of gift for gifting the land to the Municipality, where necessary;(c)a composite declaration of the applicant in the form(7)(a)All the building plans, enclosures and statements shall be signed by an Architect or a Licensed Building Surveyor, a Structural Engineer, and a Geo-technical Engineer as the case may be, and also by the person intending to erect, re-erect, or alter the building;(b)An undertaking that the work of erection, re-erection or alteration will be planned, designed and supervised by an Architect or Licensed Building Surveyor, a Structural Engineer and a Geo-technical Engineer, as the case may be, as required under these rules;(c)an undertaking that no building materials shall be deposited in any street except with the prior written permission of the Municipal Authority and on deposit of fees for stacking material as specified in rule 25 of these rules, the same will be stacked only at a place as may be directed by the Municipality.(8)In a case involving pile work, deep foundation work or construction of basement or any other underground structures, including superstructure, the notice shall be accompanied by an Indemnity Bond.(9)The notice shall be accompanied by two sets initially of(a)key (Location) Plan :The Key Plan drawn to a scale of not less than 1 : 4000 shall show the boundary of the location of the site with respect to neighbourhood landmarks and public streets;(b)site plan;(c)building plan (Architectural); and(d ) specifications.Note. Four number of sets, as may be required, along with structural plan, design calculation as well as Geo-technical report, if applicable, shall be submitted for record before issuance of formal sanction.(10)The applicant shall, prior to the sanction of the building plan, be required to produce the originals of all the documents duly authenticated copies of which have been enclosed with the notice, for scrutiny.(11)The applicant shall also indemnify the municipal authorities for any action, suits, proceedings, claim of damages by any third party, or tenant. Further in case the boundary and site plan is not mentioned in the title document submitted by the applicant in such event a deed of declaration along with boundary plan as well as detail of the boundary along with land area should be registered with the concerned registration authority and the same should be submitted along with application.
