Provisions to apply as modified for constructions in certain plots.-
(1) In the case of buildings proposed
or alteration or addition
proposed on existing buildings in plots left after part of the same
plot has been surrendered free of cost to a Municipality, Development
Authority, Government Department or Quasi-Government Department or
Institution for new road formation or for road widening or for junction
improvement or formation or development of any facility relating to
road structure other provisions in the Kerala Municipality Building
Rules, 1999 shall apply subject to the modifications in this chapter
such road formation or road widening or junction improvement or
formation or development of facility relating to road structure shall be one proposed or taken
up as a project by the Municipality
or Development Authority by resolution or have been sanctioned or
undertaken by a Government or Quasi-Government Department or Institution
or shall form part of any published or sanctioned Master Plan or
Development plan or Detailed Town Planning Scheme or shall be
one proposed or taken up by a Residents Association or a Social
Welfare Organisation with the approval of the Government for the
purpose of this rule.
that the provisions under this chapter shall not apply to the roads
envisaged in any layout.
that the benefit of the provisions in this chapter shall not be
allowed to the constructions in such plots if surrendering is not
made for the implementation of the scheme in total.
Provided also that
in case the scheme is modified or the width of the road is reduced
with the prior approval of the Government the benefit of the provisions
shall be allowed if surrendering of the land is made for the implementation
of such modified scheme in total or for widening or formation of
the road to the reduced width in total.
(2) The surrendering
of the land shall be made in the manner as may be decided by the
special committee constituted under rule 85 :
Provided that in
case the formation or widening or other work is not done immediately
the Secretary shall earmark the land required for the implementation
of the scheme in consultation with the Department, Institution,
Agency, Association or Organisation specified in sub rule (1) and
take possession of the land, and shall develop that portion or hand
over the possession of such land to the concerned Department, Institution,
Agency, Association or Organisation for development of that portion
that the surrendered land shall not be used for purposes other than
that envisaged in the scheme.
Use of Plot.- The Secretary may permit any use which is
otherwise compatible with the uses of buildings in that area, which
does not adversely affect the existing trend of development and
which does not cause indirect condemnation of the uses in the neighbouring
plots of land and buildings.
81. Coverage and floor area ratio.- (1) Maximum coverage
permissible shall be 80 per cent for residential, special residential,
mercantile or commercial, small industrial and storage occupancy;
60 per cent for assembly, office and industrial occupancy, 50 per
cent for educational, medical or hospital and hazardous occupancy
under Group 1(1) and 40 percent for hazardous Group 1 (2)
(2) The maximum
floor area ratio permissible for various occupancies shall not exceed
that shown in column (4) of Table 2 in rule 31.
Provided that the
committee constituted under rule 85 may, taking into account the
area and width of the land, both surrendered and left behind, value
of land, its location, shape and such other factors, if consider
it just and proper to allow more floor area ratio, permit a higher
floor area ratio not exceeding that shown in column 5 of table 2
under rule 31, but without claiming any additional fee:
that the area of the land surrendered shall also be taken into account
for calculating the maximum floor area ratio permissible under this
82. Set back, height, etc.-
(1) The distance from the boundary of the proposed road or proposed
widening to the building shall be 3 metres:
Provided that the
Special Committee may, considering the factors specified in the
first proviso to sub rule (2) of rule 81, permit reduction in the
said distance to such extent that after such reduction there shall
be a minimum of 1.50 metres distance from the abutting road boundary
so formed or widened.
(2) There may not
be any rear set back for buildings up to two floors from ground
(3) The rear set back for buildings above two floors from ground
level shall be minimum one meter.
(4) No part of the building shall project or encroach or hang into
the neighbouring plots on the sides;
Provided that where the building has more than three floors from
ground level any one of its side shall have 3 metres width which
shall be contiguous to the front yard.
anything contained in this rule, in the case of buildings part of
which has been demolished for the purposes specified in rule 79,
construction or reconstruction of wall with or without door (s)
or shutter (s) shall be permitted on the side abutting the road:
Provided that the door shutter shall not open outward.
(5) General provision
regarding distance from central line of road restriction on height
with respect to width of street and front set back shall not apply
to the constructions under this chapter.
83. Staircase.- Every building
having more than three floors from the ground level shall have two
staircases one of which may be designed as external fire escape
84. Parking.- The area of the land surrendered may be reduced
from the area of the land required for parking to the extent that
after such deductions a minimum of fifty per cent of the parking
required as per these rules shall be provided.
Provided that the
Special Committee may, taking into consideration the area, value
and location of the land surrendered by the applicant and that left
behind, allow further reduction in the off street parking requirements,
however a minimum of twenty-five percent of the parking area required
as per these rules shall be provided within the plot after such
85. Constitution of Special Committees.- (1) The Government
may, on receipt of a request to that effect from any municipality
or suo motu, if found necessary, by order, constitute a Special
Committee for the purposes of any or all municipalities to consider
and decide on the application for building permits that may be submitted
under the provisions of this Chapter.
(2) The Special Committee
shall consist of the following members, namely:-
(i) Mayor/ Chairperson
of the Municipality, who shall be the Chairman of the Committee.
(ii) Chairman of the
Development Authority, if any constituted for the area or an officer
authorized by him.
(iii) Town Planner
of the District in the Town and Country Planning Department.
(iv) Executive Engineer,
Buildings and Road, Public Works Department having jurisdiction
in the area or an officer authorized by him.
(v) one or two representative
of the Department, Authority, Institution, Association or organisation
in charge of or responsible for carrying out or proposing or sponsoring
the formation or widening of the road or improvement of the junction
or other works envisaged under this chapter.
(vi) Secretary of the
Municipality concerned, who shall be the convenor of the Special
(3) The quorum for
the meeting shall be three including the Convenor and the Chairman.
(4) The Secretary shall,
considering the number of applications and urgency of the work to
be executed, convene the meetings of the Special Committee at such
place and time, as may be fixed by him in consultation with the
Chairperson, by giving seven clear days notice to all the members;
Provided that if so
directed by the Government or the Chairperson, the Secretary shall
convene the rneeting within such time as may be specified in that
(5)The Secretary shall
place all applications submitted under this chapter before the Special
Committee for consideration and shall issue permit as decided by
85A. Special Committee may permit construction to abut streets.-
The Special Committee shall, if so directed by the Government
or if so found necessary with the prior approval of the Government,
permit any building or all buildings upto a particular height to
abut the boundary of the road or with only a fixed distance from
the boundary of the road which may be less than that specified under
Provided that the Government
may consult the Arts and Heritage Commission before giving prior
approval sought by the Special Committee.
Note:- (1) Road boundary
for the purposes of this rule shall be the boundary of the road
after its formation or widening as envisaged in the scheme in full
or in its modified or reduced form as approved by the Government.
(2) Provisions in this rule shall apply to buildings proposed in
plots left after acquisition under the Land Acquisition Act also.