Panchayat:Repo18/Law Manual Page0778

Rule 36

Note.- (i) The maximum permissible coverage of a building of a particular occupancy group shall be limited by the value given in Table 2 and shall be the area covered by the building at any floor [above ground level] after accounting for the exterior (front, rear and sides) and interior open spaces.

(ia) in category I Village Panchayat, for apartment houses/flats under Group A1-Residential occupancy by Government or Quasi Government agencies aimed at housing Economically Weaker Sections and/or Lower Income Groups and/or Middle Income Groups, a maximum F.A.R. of 5 shall be permitted without additional fee, if floor area of each and every dwelling unit in it is less than 100 sq. metres. Classification of income groups and matters related to the same shall be decided by the Government in consultation with the Committee constituted under the provisions of Chapter X-A of these Rules).

(ii) Area used for parking of vehicles within a building, electrical room, room for air conditioning plant, generator room, area occupied by lifts except for one floor, internal sanitary shafts, air conditioning ducts etc; shall not be reckoned as floor area in F.A.R calculation.

(iii) In the case of a building/building complex which accommodates more than one occupancy from among the groups A1-Residential, A2-Lodging Houses, D Assembly, E-Office or Business and F-Mercantile/ Commercial, the maximum permissible Floor Area Ratio and Coverage shall be the weighted average of the Floor Area Ratio and Coverage under the respective occupancies in Table 2, if the plot has an area more than 0.5 hectares. Provided that, if the plot area is upto 0.5 hectares, the Floor Area Ratio and Coverage shall be that of the most restrictive occupancy.

(iv) In the case of Government Owned Information Technology Parks, Government Approved Private Information Technology Parks and Government Approved Private Information Technology buildings under Group E occupancy, the maximum permissible FAR shall be [4] and the maximum permissible coverage shall be 40%, irrespective of the category of the Grama Panchayat.

                                                                      NOTES 

The four storied building put up by the appellant was in violation of several provisions contained in Rules, 1999. However, the Government had regularised the above construction after imposing certain conditions. It was thereafter that the appellant had applied for yet another building permit to put up a three storied structure in the parking area earmarked for the four storied building. Therefore, as rightly noticed by the learned Single Judge, if the present request for regularisation of the subsequent construction made by the appellant (albeit only a ground floor), is allowed, such regularisation will be in gross violation of R.30 and 31 of the Kerala Building Rules. - Lazer Robert T. v. C. M. Mohammed Sheriff and Others – 2008 (4) KHC 1016.

36. Height of buildings. -(1) The maximum height of any building or part thereof shall be limited according to the width of the street as follows:

(a) The maximum height of a building or part there of shall not exceed [2] times the width of the street abutting the plot plus [2] times the width of the yard from the building to the abutting street and this height may be further increased at the rate of 3 metres for every 0.50 metre or part thereof by which the building is set back from the building line.

(b) If a building plot abuts on two or more streets of different width, the building shall be deemed to abut the street that has the greater width and the height of the building shall be regulated by the width of that street and may be continued at this height along the narrower street.

Provided that the height restriction as per this rule shall be compulsory only for buildings or parts of buildings coming within 12 metres of building line.