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State of West Bengal - Section

Section 164 in West Bengal Municipal (Building) Rules, 2007

164. Open spaces for building.

— (1) The following shall be the open spaces of the buildings :(a)every room intended for human habitation shall abut an interior open space or exterior open space or an open verandah open to such interior open space or exterior open space. Open spaces shall be areas forming integral parts of the plot at ground level and shall be open to sky without any projection or overhang excepting cornices, chajjas or weather-shades of not more than 0.50 metre width;(b)every building shall have exterior open spaces comprising front open space, and side open spaces. The minimum width prescribed for front open space, rear open space and side spaces shall be provided along the entire front, rear and side faces of the building 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 the building is that face of the building which is farthest from the means of access. These provisions shall also be applicable to each individual building separately when a plot contains more than one building. In the case of a corner plot located at the crossing of more than one street or passage, the rear of the building shall be deemed to be that face of the building which is farthest from the widest of all such streets and/or passages;(c)open spaces prescribing to one site cannot be taken for another site. No building shall at any time be erected on any open space prescribed in this rule for a building and form part of the site thereof, nor shall such open space be taken into account in determining the area of any open space required under these rules for any other building;(d)if the front open space is 3.00 metres or more in width, a Gate Goomti for security purpose may be allowed in the said open space. The covered area of such Goomti shall not in any case exceed 3.00 sq. m. and the height of such Goomti shall not exceed 3.00 metres.The covered area of the Gate Goomti shall not be included in calculation of ground coverage.
(2)The minimum front open space, rear open space and side open space shall be provided along the entire faces or sides of the building as given in the table below :—
  Minimum width of open space in metres
  Front Rear Side
Residential and Educational uses 1.5 1.5m 1.5m
Commercial, Public and other uses 2.5 3.5m 3.5m
Provided that the minimum clearance, on all the sides between a building wall and the toe of a retaining or other protective wail shall be 1.50 metres, except on the side where the septic tank shall be installed, in which case, the minimum clear distance of 2.1 metres shall be provided :Provided further that for mixed use buildings, the minimum front open space shall be the one applicable for that particular occupancy which gives the provision of the minimum front open space in these rules :Provided also that for a building of more than 11.00 metres in height, the minimum open spaces provided in this rule shall be increased by 0.3 metre in all cases.
(3)Notwithstanding anything contained elsewhere in this rule in the case of a building with a septic tank, a side open space of 2.1 metres shall be provided on any one side of the building for the provision of the said septic tank.
(4)In the case of a building more than 25.0 metres in depth, a passage of width not less than 3.5 metres shall be provided along the entire depth of the building.
(5)For plots of size not more than 65 (sixty-five) sq. metres, minimum side space of 0.90 metre may be allowed on each side provided the building height does not exceed 6.5 metres.Explanation :
(i)Notwithstanding anything contained in this rule, the minimum distance across the side open space from every new building to an existing building with a door opening or window opening shall be 1.80 metres;
(ii)Notwithstanding anything contained in this rule, the minimum width of side open space for an industrial or storage or mercantile (wholesale) building shall be 3.50 metres;
(iii)In the case of a building more than 24.00 metres in depth on a plot abutting any street, a passage along the entire depth of the building shall be provided and the minimum width of such passage shall be 4.0 metres.
(6)The interior open space shall be as follows :
(a)for inner courtyard,—
in case the whole of one side or part of at least two sides of every room excepting bath, water closets and store-room is not abutting either the front open space, rear open space or side open space, it shall abut an inner courtyard whose minimum width shall be 30% of the height of the building or 3.00 metres, whichever is more.
(b)for ventilation shaft, that is to say,—
for ventilating water closet. bathroom and kitchen such water closet or bath room or kitchen if not opening to front open space, side open space, rear open space or interior open space, shall open on to a ventilation shaft, the size of which shall not be less than the values given below
Height of the building (Metres) Minimum area of ventilation Shaft(sq. Metres) Minimum width of shaft (metres)
Up to 11.50 1.5 1
Above 11.50 but not more than 12.50 3 1.2
Note.— No chajja shall be allowed in the ventilation shaft unless the width of shaft is 2.40 metres or more.
(c)the minimum width shall not be less than 20% of the height of the building or 2.50 metres, whichever is more.
(7)The service rooms shall have access by means of two passages of staircases, providing access and exit from higher and lower level floors, the width of which shall not be less than 1.2 metres and the slope shall not be steeper than one 1:1 and so located that the travel distance on any floor up to any such access or exit is not more than 15.0 metres.
(8)Mezzanines are to be used strictly for purposes other than habitation or kitchens and eating places and may be provided between any two floor and shall be permitted with a minimum clear height at every part of at least 2.0 metres measured from the floor to the lowermost point on the underside of the roof, slab, beam or false ceiling. The area of such mezzanines shall be included in floor area in all calculations.