Section 82 in Kolkata Municipal Corporation Building Rules, 2009
82. Provisions regarding existing buildings.
(1)The provisions of this chapter shall, notwithstanding anything contained in any other provisions of these rules, apply in the case of an existing building.(2)In this chapter, the expression "existing building" means any building which was erected before the date of coming into force of these rules in accordance with a building plan sanctioned by an authority competent to sanction such building plan under Bengal Municipal Act, 1932, Kolkata Municipal Act, 1951, Kolkata Municipal Corporation Act, 1980, or any other law for the time being in force and which does not comply with the provisions of rule 62 rule 63 rule 64 rule 65 rule 66 and rule 70 of these rules and -(a)the buildings which are allowed to stand under section 400(1) of the Act, and(b)the buildings allowed to stand in refugee rehabilitation plots under section 4l3A of the Act.(3)Even if the height of the building exceeds fifteen and a half m.; the same shall be subject to compliance with the provisions of rule 69.(4)The extent of the setback shall be such as to make the addition to the building conform to the provisions of Chapter IX from the property boundaries.(5)If any car parking space is required to be provided under Chapter XI for the new area proposed to be added and no such car parking space can be provided in such existing building, the floor area allowable under rule 69 shall be reduced by the area required for such car parking space. For this calculation, the area required for one car parking space is to be taken as 25 sq. m. Existing car parking spaces as per sanctioned building plan shall be taken into account as car parking spaces, even if the same does not conform to the specified size of 2.50 x 5 m.(6)If the dimension of stair, corridors, ventilating shaft and set backs of an existing building constructed as per the sanctioned plan are less than those stipulated under the present rule, the Municipal Commissioner may allow the construction of the added portion as per dimensions of the existing portion, without compliance to the provisions of existing rules.(7)The provisions of other Chapters of these rules shall apply in all other respects.
