| DEFINITIONS
1.
Short title, applicability and commencement
(aa) These rules may be
called the Kerala Municipality Building Rules,
1999
(ab) They shall apply to all Municipalities in
the State.
(ac) They shall come into force at once.
2. Definitions
(1) In these rules unless
the context otherwise requires -
A. 'Access' means the way to a plot or building;
B. 'Accessory building' means a building attached
or detailed to a building on a plot containing
one to more accessory uses;
C. 'Accessory use' means any use of the premises
subordinate to the principle use and customarily
incidental to the principal use;
D. 'Act' means the Kerala Municipality Act, 1994
(20 of 1994);
E. 'Advertising sign' means any sign any sign
either free, supported or attached to a building
or other structure which advertises an individual,
a firm, a society en establishment or a product
displayed on the said premises for identification
purposes;
F. 'Alteration' means a structural change, such
as an addition to the area or height or addition
of floor/floors or mezzanine floor within any
existing floor ******or change of existing walls
or construction of existing walls or construction
of concrete beams and ******** amounting to structural
change or construction of internal walls for room/rooms
which amount to change in the occupancy group
of the building under these rules, or closing
of any required means of ingress and egress to
the building;
G. 'Apartment' means a part of a building intended
for any type of independent use including one
to more rooms or enclosed spaces located on one
or more floors or parts thereof in a building,
intended to be used for residential purpose and
with a direct exist to public street, road or
highway or to a common area, leading to such street,
road or highway. This word is synonymous with
residential flat.
H. 'Appendix' means the appendix to these rules;
I. 'Approved plan' means the set of drawings and
statements submitted under the rules for obtaining
development permit or building permits and duly
approved by the secretary.
J. 'Basement floor' means the lower storey if
a building below or partly below the ground floor.
This word is synonymous with cellar;
K. 'Bathroom' means a room or cubicle for bating;
L. 'Building' means any structure for whatsoever
purpose and of whatsoever material constructed
and every part there of whether used for human
******** or not and includes foundations, plinth,
walls, floors, roofs, chimneys, plumbing and building
services, verandah, balcony, cornice or projections,
part of a building or anything affixed thereto
or any wall enclosing or intended to enclose any
land or space and signs and outdoor display structures.
M. 'Building line' means line which is away from
the street boundary and upto which the main wall
of the building facing that street may lawfully
extend, no portion of the building may extend
beyond this line except as prescribed in these
rules;
N. 'Carpet area' means usable floor area excluding
staircases, lift wells, escalators, ducts, toilets
and air conditions plant room or electrical control
room;
O. 'Ceiling' means the internal roof/lining of
any room; in case there is not such lining, the
roof membrane hall constitute the ceiling.
P. 'Chief Town Planner' means the Chief Town Planner
to the Government of Kerala;
Q. 'Chimney' means an upright shaft congaing and
encasing one or more flues;
R. 'Conversion' means the change of one occupancy
group into another occupancy group;
S. 'Corridor' means an exit serving as a passageway
communicating with separate rooms or with different
parts of a building.
T. 'Coverage' means the maximum area on any floor
of the building excluding cantilevered open balconies,
it does not include the spaces covered by-
i. Garden, rockery, well and well structures,
plant, nursery, water pool, swimming pool (if
uncovered), platform around a tree, tank fountain
bench and the like;
ii. Drainage, convert, conduit, catch-pit, gully,
drainage chamber, gutter and the like; and
iii. Compound wall, gate, slide, swing, uncovered
staircase, areas covered by sunshade and the like;
U. 'Depth of plot' means the mean horizontal distance
between the front and rear plot boundaries;
V. 'Development of land' means any material change
on the use of land brought about or intended to
be brought about by filling up of the land and/or
water bodies or changing from the existing former
use of the land, layout of streets and foot paths,
sub-division of land for residential plots or
for other uses including layout of internal streets,
conversion of well land and developing parks,
play grounds and social amenities of the like,
but does not include legal partitioning of family
property among helrs and construction of wells.
W. 'Development plan' means
any general planning scheme for the local area
as a whole or any detailed town planning scheme
for any specified area prepared under the Town
and /country Planning Act in force;
X. 'Drain' means a sewer, pipe, ditch, channel
and any other device for carrying of sewage, offensive
matter, polluted water sullage, waste water, rain
water or sub-oil water and any ejectors, compressed
air means sealed sewage mains and special machinery
or apartments for raising, collecting expelling
or removing sewage or offensive matter to the
sewage outfall;
Y. 'Drainage' means the removal of any liquid
by a system constructed for the purpose;
Z. 'Dwelling' means a building or a portion thereof
which is designed or used wholly or principally
for residential purposes;
(aa) 'Dwelling unit' means a room or suites of
rooms designed and intended for habitation by
an individual or household in which facilities
for cooking may not be provided;
(ab) 'Exit' means a passage,
channel or means of egress from any building,
storey or floor to a street or other open space
of safety;
(ac) 'External wall' means an outer wall of a
building even though adjoining a wall of another
building; it also means a wall abutting on an
interior open space of any building;
(ad) 'Factory' means any premises including the
precincts thereon used or proposed to be used
for any purpose as defined under the Factories
Act, 1948 and which comes under the purview of
the said Act;
(ae) 'Family' means a group of individuals normally
related in blood or connected by marriage living
together as a single house-keeping unit and having
common kitchen arrangements; Customary resident
domestic servants shall be considered as adjunct
to the term 'family';
(af) 'Floor' means the lower surface in a money
on which one normally walks in a building.
Note:- The sequential number
of floor shall be determined by its relation to
the determining entrance level. For floors at
or wholly above ground level, the lowest floor
in the building with direct entrance form road/street
adjoining round shall be termed as ground floor.
The other floors above ground floor shall be called
in sequence as first floor, second floor, third
floor etc. With number increasing upwards. If
there are more the one ground level and road/street
entrance is available from more than one of these
levels then the floor at the lowest ground level
shall be deemed as the ground floor;
(ag) 'Floor area' means the built up area of a
building at any floor level;
(ah) 'Floor Area Ratio (FAR)' means the quotient
obtained by dividing the total floor area in all
floors by the area of the plot;
(ai) 'Flue' means a confined space provided for
the conveyance to the outer air of any product
of combustion resulting from the operation of
any heat producing appliance or equipment employing
solid, liquid or gaseous fuel;
(aj) 'Frontage' means side or part of a side of
a plot which abuts on a street;
(ak) 'Front yard' means an open space extending
laterally along the front side (main ground floor
entrance side) of a building and forming part
of the plot;
Note: where there are more than one entrance to
a building, the entrance giving access to the
major portion of a ground floor shall be considered
as the main entrance.
(al) 'Gallery' means an intermediate floor or
platform projecting from a wall of an auditorium
or a hall providing extra floor area, additional
seating accommodation, etc.
(am) 'Garage' means a building or portion thereof,
used or intended to be used for the shelter, storage
or repair of any mechanically propelled vehicle;
(an) 'Ground floor' means the lowest storey of
a building or which there is an entrance from
the outside of an adjacent ground or street.
(ao) 'Government' means the Central or State Government.
(ap) 'Head Room' means the clear vertical distance
measured from the finished floor surface to the
finished ceiling surface; where a finished ceiling
is not provided, the underside of the joists or
beams or tie beams shall determining the upper
point of measurement;
(aq) 'Height of building' means -
i. In the case of flat roofs, the vertical distance
measured from the ground level to the highest
point of the building.
ii. In the case of pitched roofs, the vertical
distance measured from the ground level up to
the point where the external surface of the outer
wall intersect the finished surface of the slopping
roof;
iii. In the case of gabled roofs, the vertical
distance from the ground level up to the mid-point
of the highest point of the side wall and the
ridge of the roof; and
iv. In the case of the dommed roof, the vertical
distance from the ground level to the highest
point of the dome;
v. 'Height of room' means the vertical distance
from the floor and the lowest point of the ceiling.
(ar) 'Height of room' means the vertical distance
between the floor and the lowest point on the
ceiling;
(as) 'Hut' means any building constructed wholly
with country burned brick in mud mortar, sun dried
bricks, mud, wood, bamboo, thatch, tile, light
roof, asbestos cement sheet or with any of them;
(at) 'Lift well' means the unobstructed space
within an enclosure provided for the vertical
movement of the lift car(s) and any counter weights(s)
including the lift pit and the space for top clearance;
(au) 'Loft' means a residual space in a pitched
roof, or any similar residual space, above normal
floor level without any direct staircase leading
to it which may be constructed or adopted for
storage purposes;
(av) 'Mezzanine floor'
means an intermediate floor in any storey over-hanging
and over-looking a floor beneath;
(aw) 'Open space' means an area forming an integral
part of the plot left open to the sky;
(ax) 'Operational construction' means a construction
whether temporary or permanent which is necessary
for the operation, maintenance, development or
execution of any of the services essential to
the life of the community as declared by the Central
or State Government from time to time;
(ay) 'Owner' is respect of land or building, means
the person who perceives the rent fro the use
of the land or building or would be entitled to
do so if they were let and includes: -
i. An agent or trustee, who receives such rent
on behalf of the owner or is connected with any
building devoted to religious or charitable purpose;
ii. A receiver, executor or administrator or a
manager appointed by any court of competent jurisdiction
to have the charge of or to exercise the rights
of the owner;
iii. Mortgagee in possession; and
iv. A lessee in possession;
(az) 'Parapet' means a low wall not more than
1.2m in height built along the edge of a roof
or a floor;
(ba) 'Parking space' means an area enclosed or
unenclosed, sufficient in size to park vehicles,
together with a drive connecting the parking space
with a street or alley and permitting ingress
and egress of vehicles;
(bb) 'Passage way' means a means of access;
(bc) 'Pathway' means an approach constructed with
material, such as bricks, concrete, stone, asphalt
or the like;
(bd) 'Permit' means a permission or authorization
in writing by the Secretary to carry out the work;
(be) 'Plinth' means the portion of a structure
between the surface of the surrounding ground
and surface of the floor, first above the ground;
(bf) 'Plinth area' means area of the building
at the plinth level, does not include the area
of open porch uncovered staircase and the like;
(bg) 'Plot' means a parcel of piece of land enclosed
by definite boundaries;
(bh) 'Pollution Control Board' means the Kerala
State Pollution Control Board;
(bi) 'Porch' means a canopy supported on pillars
or otherwise and used for the purpose of pedestrian
or vehicular approach to a building.
(bj) 'Rear yard' means the utility open space
extending laterally along the rear side of the
plot and forming part of the plot; any side other
than rear if used as utility open space shall
be deemed as rear yard.
(bk) 'Re-development of land' means the revision
or replacement of an existing land used and population
distribution pattern and the clearance and building
of the area according to a development plan. It
involves the reduction or increase of population
densities; the acquisition and clearance of deteriorated
buildings, the repair,
modernisation and provisions of sanitary facilities,
water supply and electricity provision of street,
parks or other public improvements and preservation
of predominantly built up area that are in good
condition;
(bl) 'Registered Architect/Engineer/Town planner/Supervisor'
means an Architect/Engineer/Town planner/Supervisor
registered or deemed to have been registered as
such under these rules;
(bm) 'Road' means any highway, street, lane, pathway,
alley, passageway, carriageway, footway or bridge
whether a thoroughfare or not, over which the
public have a right of passage or access uninterruptedly
for a specified period; whether existing or proposed;
(bn) 'Row building ' means a row of building with
only front and rear open spaces with or without
interior open spaces;
(bo) 'Secretary' means the Secretary of a Municipality;
(bp) 'Section' means a
Section in the Act;
(bq) 'Semi-detached building' means a building
detached on three sides;
(br) 'Service lane' means a lane provided at the
rear or side of a plot for service purposes;
(bs) 'Service station' means a place where no
automobile repairing is done but only washing,
cleaning and oiling of automobile take place;
(bt) 'Set back line' means a prescribed building
line drawn with reference with the central line
of a street on the street side of which nothing
can be erected or re-erected;
(bu) 'Shop' means a building or part of a building
where articles of food and personal, domestic
and household use and consumption are sold and
goods of any kind are ordinarily sold. It does
not include a workshop;
(bv) 'Side yard' means an open space extending
laterally between any side of a building and the
boundary of the plot facing that side other than
front and rear/utility and forming part of the
plot;
(bw) 'Site' means a plot and its surrounding precincts;
(bx) 'Stair cover' means cabin-like structure
with a covering room over a staircase and its
landing built to enclose only the stairs for the
purpose of providing protection from weather and
not used for human habitation;
(by) 'Story' means the position 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 ceiling next above it;
(bz) 'Street' means a private street or a public
street synonymous with road and giving access
to more than one plot or one building.
(ca) 'Street line' means the line defending the
side limits of a street;
(cb) 'Street level' means the level at the centre
line of the street;
(cc) 'Structure' means anything that is built
or constructed or building of any kind or any
piece of work, artificially built up or composed
of parts joined together in some definite manner.
The term structure includes 'building';
(cd) 'Sunshade' means a sloping or horizontal
structural overhand usually provided over openings
in external walls to provide protection form sun
and rain.
(ce) 'Tenement' means part of a building intended
or used or likely to be used as dwelling unit;
(cf) 'To erect' means -
i. To erect a new building on any site whether
previously built up or not;
ii. To re-erect any building of which portions
above the plinth level have been pulled down or
destroyed; and
iii. Conversion from one occupancy to another;
(cg) 'Travel distance' means the distance an occupant
has to travel to reach an exit;
(ch) 'Unsafe building' means building which is
structurally unsafe, insanitary or not provided
with adequate means of egress or which constitute
a fire hazard or are otherwise dangerous to human
life or which in relation to existing use constitute
a hazard to safely or health or public welfare,
by reason of inadequate maintenance, dilapidation
or abandonment;
(ci) 'Verandah' means a covered area with at least
one side open to the outside with the exception
of parapet, trellis, jally or grill work on the
open side;
(cj) 'Warehouse' means a building, the whole or
substantial part which is used or intended to
be used fro the storage of goods whether for keeping
or for sale or for any similar purpose but does
not include a store room attached and used for
the proper functioning of a shop;
(ck) 'Water Authority' means the authority delegated
by the Government of Kerala to be in charge of
the management of water and sewerage installations
in the area;
(cl) 'Water closet' or 'WC' means a latrine with
arrangement for flushing the pan with water but
does not include a bathroom;
(cm) 'Water course' means an artificial or natural
drainage canal;
(cn) 'Yard' means an open space at ground level
between a building and the adjoining boundary
lines of the plot occupied and unobstructed except
by encouragement of structures specially permitted
by these rules on the same plot with a building.
All yard measurements shall be the minimum distance
between the front, rear and side yard plot boundaries
including enclosed porches. Every pat of yard
shall be accessible from every point of the same
yard.
(2) Words and expressions used but not defined
in these rules but defined in Kerala Municipality
Act, 1994 (Act 20 of 1994) shall have the same
meaning assigned to them in that Act.
3 Applicability - These
rules shall apply to -
(i) Any Public or private
building as described below, namely
(a) Where a building is newly erected, these rules
hall apply to the design and construction of the
building;
(b) Where the building is altered, these rules
shall apply to the altered portion of the building;
(c) Where the occupancy or use of a building is
changed, these rules hall apply to all parts of
the building affected by the change;
(ii) All lands which is proposed to be developed
or redeveloped for construction of buildings.
(iii) Where addition or extension is made to a
building existing at the commencement of these
rules, the rules shall apply to the addition or
extension only but for the purpose of floor area
ratio calculation the existing building shall
also be taken into account. |