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State of West Bengal - Section

Section 49 in West Bengal Municipal (Building) Rules, 2007

49. Permissible height of building in areas other than municipalities in hill areas.—

(1)Height of a building shall be the vertical distance measured from the average level of the centre line of the adjoining street or passage on which the plot abuts to the highest point of the building, whether flat roof or sloped roof.
(2)
(a)The following appurtenant structure shall not be included in the height of the building :
(i)stair cover not exceeding 2.40 metres in height;
(ii)lift machine rooms as per the latest edition of the National Building Code:
(iii)roof tanks and their supports, the height of support not exceeding 1.00 metre;
(iv)chimneys;
(v)parapet walls not exceeding 1.50 metres in height;
(vi)ventilating, air conditioning and other service equipments;
(vii)height above mid-point between eaves level and ridge-level;
(viii)toilet at roof level up to a height of 3.0 mtrs. subject to maximum floor area of 3.00 sq.m.;
(ix)garden cover with permeable material not exceeding 3.00 mtrs. in height;
(x)equipments for communication such as Microwave Antenna, Towers. Dish Antenna as well as room for installing the said equipments or their support equipments subject to a maximum area of 20 sq. m. and further subject to permission of the same from Municipal Authority.
(b)The aggregate area of the structures mentioned in clause (a) shall not exceed one-third of the area of the roof upon which these are erected;
(3)The maximum permissible height of buildings on a plot shall be as given in the table belowTable
Width of means of access (inmetres) Maximum permissible height (in metres)
(a) 2.40 to 3.50 8.00(b) above 3.50 to 7.00 11.00(c) above 7.00 to 10.00 14.50(d) above 10.00 to 15.00 18.00(e) above 15.00 to 20.00 24 00(f) above 20.00 to 24.00 36.00(g) above 24.00 81114.51824361.5 x (width of the means ofaccess + required width of front open space)
Note.- (i) There will be no restriction in height of buildings for plots abutting means of access above 10 mtrs in width subject to free gifting of strip of land as per prescribed street alignment. However, this increase in height as mentioned above shall be permissible provided the minimum area of the plot is 2500 sq.m. and minimum frontage of the plot abutting the main road is 30.0 Metres.
(II)In case of such additional height by free gifting the strip of land as mentioned herein above, the applicant will get FAR of original road width only. However, the applicant will be given benefit of FAR and ground coverage of the portion gifted to the Municipality.
Explanation.—This table shall be read with rule 45. For height of building exceeding 14.5 metres, rule 53 shall be referred.
(4)For any building to be erected or re-erected or added to in the vicinity of aerodrome, or which may affect the functioning of any microwave system for telecommunication purposes, the height of such building shall be governed by such rules or directions as may be made or issued in this behalf by the Central Government or any other concerned authority.
(5)The Board of Councillors may, if necessary, restrict the height of building in any area within the municipal area, below the permissible height provided under sub-rule (3) of this rule for reasons to be recorded in writing.