KMC building rules ensuring safe and structurally sound buildings help to protect occupants, promote sustainability and enhance community resilience in Kolkata.
Table of Contents
KMC Building Rules: Importance and Implications
As one of India’s bustling urban hubs, Kolkata boasts a rich tapestry of architectural marvels, from towering skyscrapers to quaint residential dwellings. However, amidst this diversity lies a crucial mandate: ensuring the safety, security, and well-being of its citizens. The Kolkata Municipal Corporation (KMC) has risen to this challenge by implementing a comprehensive set of regulations known as the Kolkata Municipal Corporation Building Rules, 2009. In this article, we delve into the intricate framework of the KMC Building Rules, shedding light on their importance and implications for the city’s urban landscape.
The Kolkata Municipal Corporation (KMC), as the governing body of the metropolitan city, has established a comprehensive framework of regulations governing all types of construction activities within its jurisdiction. These regulations encompass a wide array of crucial aspects, including building permits, restrictions on building height, zoning regulations, and standard floor area ratio. Additionally, the KMC’s building rules encompass specific guidelines for constructing boundary walls, basements, parking lots, kitchens, bathrooms, bedrooms, and open areas in residential buildings. Compliance with these regulations is mandatory for all construction projects undertaken in Kolkata, ensuring adherence to safety protocols and maintaining structural integrity.
Latest News on KMC’s Building Policy:
March 5, 2024, marked a significant milestone in Kolkata’s urban development trajectory as the Kolkata Civic Body unveiled a ground-breaking initiative. In a bid to widen adjacent roads and enhance vehicular movement, the KMC announced an incentivized scheme for landowners. Those willing to donate a portion of their land to the civic body would receive additional Floor Area Ratio (FAR) during construction. This initiative not only underscores the pivotal role of landowners in urban development but also aligns with the KMC’s vision for safer and more accessible neighbourhoods.
Residential Buildings According to KMC:
Central to the KMC’s regulatory framework is the definition of residential buildings. These structures, encompassing single-family dwellings, multi-family units, hostels and group housing complexes, serve as the cornerstone of urban habitation. The KMC’s meticulous guidelines for residential construction aim to ensure occupants’ safety and comfort, laying the foundation for harmonious community living.
Building Sanction Process of KMC:
To get the residential building sanctioned by the KMC, one must follow the steps mentioned below:
- Pre-conditions for Building Sanction Application: Individuals with the right of erection on a plot of land, or those who own a plot with a deed of conveyance and mutation certificate, and have no outstanding dues towards property and other municipal taxes, are eligible to apply for a building sanction plan.
- Rate Chart Parameters for Building Sanction: The parameters of the rate chart on various items of building sanction vary periodically. Please refer to the schedule of fees for the current financial year for updated information.
- Checklist for Building Sanction Application: For both normal building premises and high-rise building premises, including provision for lifts, applicants are required to adhere to a checklist. Please visit the KMC Portal to view the checklist.
- Occasions for Issuance of Demolition or Stoppage Orders: Construction work undertaken without a valid sanction plan is subject to demolition. Upon detection of such illegal construction, a stop-work notice is initially served. Subsequently, the KMC authority handles the matter under section 400 (1) or 400 (8) of the KMC Act, 1980. Under section 400 (1), cases are disposed of through hearings, where the structure may be fully retained, partially demolished, or entirely demolished based on the degree of rule violation and structural safety. In cases involving danger or significant rule violations, the KMC authority may proceed with immediate demolition under section 400(8) without a hearing.
- The requirements and format of the completion certificate must be downloaded from the KMC Portal.
- A detailed list of the registered license building surveyors and empanelled structural engineers must be downloaded from the KMC Portal as well.
- Scope of Appeal in Municipal Building Tribunal: If a case of illegal construction is addressed under section 400 (1) and a Special Officer (B) issues an order, individuals affected by the order may file an appeal under section 415 of the KMC Act, 1980 to the Municipal Building Tribunal.
Various Types of Buildings Under KMC Building Rules 2024:
Beyond residential edifices, the KMC Building Rules extend their purview to include commercial, industrial, institutional, assembly, and hazardous buildings. Each category is subject to specific regulations tailored to address the unique challenges and requirements associated with diverse building types.
KMC Building Rules Related to Boundary Walls:
The Kolkata Municipal Corporation (KMC) Building Rules meticulously outline regulations concerning boundary walls encircling buildings. These guidelines mandate that every building must be encased by a boundary wall or fence to delineate property lines and uphold the privacy and security of occupants. Stipulations within these rules specify both minimum and maximum heights for boundary walls, contingent upon building type and location. Residential buildings, for instance, are mandated to have a boundary wall with a minimum height of 1.5 meters and a maximum of 2.75 meters. Conversely, commercial and industrial structures are subject to minimum heights of 2.75 meters and maximum heights of 3.65 meters. Moreover, the regulations dictate the distance at which the boundary wall must be erected from the road and adjacent buildings, with residential structures requiring a minimum distance of 1.2 meters and commercial or industrial buildings necessitating a minimum distance of 2.4 meters. Additionally, the KMC rules prescribe the use of durable materials such as brick, stone, or concrete for boundary wall construction to ensure structural integrity and resilience against natural elements.
In adherence to the Kolkata Municipal Corporation (KMC) Building Rules, boundary walls play a pivotal role in demarcating property lines and safeguarding privacy and security. These regulations mandate the construction of boundary walls or fences around every building to uphold occupants’ privacy and safety. The rules stipulate specific parameters for boundary wall height, contingent upon the type and location of the structure. For residential buildings, the minimum height of the boundary wall is set at 1.5 meters, with a maximum height of 2.75 meters. Conversely, commercial and industrial buildings must adhere to minimum heights of 2.75 meters and maximum heights of 3.65 meters. Furthermore, the KMC regulations dictate the minimum distance from the road and neighbouring buildings for boundary wall construction, with residential structures requiring a minimum distance of 1.2 meters and commercial or industrial buildings necessitating a minimum distance of 2.4 meters. Additionally, the rules mandate the use of robust and approved materials such as brick, stone, or concrete to ensure structural durability and resilience against environmental factors like wind and rain.
KMC Building Rules Governing Building Height:
In accordance with the Kolkata Municipal Corporation (KMC) Building Rules, the permissible height of a building is contingent upon the width of the road it fronts. For structures facing roads with widths up to 9 meters, the maximum allowable height stands at 11 meters. Buildings situated along roads spanning 9 to 12 meters in width are limited to a maximum height of 15 meters. Similarly, buildings facing roads ranging from 12 to 18 meters wide can extend up to 24 meters in height. Notably, for buildings facing roads exceeding 18 meters in width, the maximum permissible height is extended to 45 meters. Additionally, the KMC’s regulations dictate the minimum height requirements for rooms within buildings. In residential settings, habitable rooms must have a minimum height of 2.75 meters, while non-habitable rooms are mandated to maintain a minimum height of 2.4 meters. These stipulations ensure uniformity in building heights while prioritizing safety and liveability standards within structures.
KMC Building Rules Governing Basements:
Basements play a crucial role in many building structures, and the Kolkata Municipal Corporation (KMC) Building Rules provide detailed regulations regarding their construction and utilization in Kolkata. According to these guidelines, the construction of basements is permissible only in buildings with a plot size of at least 40 square meters. Additionally, the rules stipulate that the basement area should not exceed 50% of the ground floor area of the building to ensure structural stability. Prior to construction, approval from the KMC Building Department is mandatory. The department conducts thorough inspections of the site and reviews the construction plan to ensure compliance with regulations. Furthermore, specific guidelines are outlined for the utilization of basements within buildings. Basements can be utilized for various purposes such as storage, parking, or even as habitable spaces. However, if intended for habitation, basements must adhere to specific requirements including adequate ventilation, lighting, and access to natural light to ensure occupant safety and comfort. These stringent regulations aim to uphold building integrity and ensure safe and functional basement spaces within Kolkata’s urban landscape. The construction of the basement must adhere to the specifications outlined in the West Bengal Fire Services Act of 1950, along with the Fire Prevention and Safety Rules of 1996. Additionally, it must conform to the standards set forth in the national building codes.
KMC Building Rules Governing Parking Areas:
The West Bengal Municipal Building Rules 2024 outline specific regulations regarding parking areas within buildings. According to these rules, parking facilities must be situated on the ground floor or within the building’s basement. The design of the parking area should prioritize accessibility for vehicles and user convenience. Additionally, regulations mandate proper ventilation, adequate lighting, and effective drainage facilities to prevent water accumulation within the parking area. Furthermore, the KMC Building Rules specify minimum dimensions for parking spaces, which vary based on the type of vehicle. For instance, car parking spaces must have a minimum width of 2.75 meters and a length of 5 meters, while two-wheeler parking spaces should be at least 1.2 meters wide and 2.5 meters long. Moreover, the rules emphasize the necessity of providing sufficient manoeuvring space within the parking area to facilitate safe entry and exit for vehicles. These stringent guidelines aim to ensure the functionality and safety of parking facilities within buildings as per KMC regulations.
KMC Building Rules Governing Kitchens:
In adherence to the Kolkata Municipal Corporation (KMC) Building Rules, kitchens must be constructed as separate rooms with meticulous attention to ventilation, lighting, and drainage facilities. These regulations dictate that kitchens should have a minimum height of 2.75 meters and a minimum floor area of 7.5 square meters to ensure adequate space and functionality. Furthermore, kitchens must be equipped with both natural and artificial lighting sources and be adequately ventilated to prevent the accumulation of smoke and odours. Specific requirements are outlined for the installation of gas stoves within kitchens, mandating that they be placed in a separate area with proper ventilation and connected to the gas supply through a gas regulator. Additionally, gas stoves must be installed at a safe distance from other appliances, ensuring adequate clearance from walls and ceilings to mitigate potential safety hazards. These stringent guidelines aim to uphold safety standards and ensure optimal functionality within kitchen spaces as per KMC regulations.
KMC Building Rules Governing Bathrooms:
Kolkata Municipal Corporation (KMC) Building Rules pertaining to bathrooms encompass various aspects including size, layout, and ventilation standards. According to these guidelines, each dwelling unit must include at least one bathroom, with a minimum floor area of 1.5 square meters. Additionally, bathrooms must be well-ventilated, with provisions for natural light and air through the installation of exhaust fans or windows. Furthermore, the KMC mandates the use of waterproof materials in bathroom construction to prevent water damage, with proper drainage facilities and sloped floors ensuring effective water removal. The drainage system must connect to a proper sewage system to maintain hygiene standards and prevent water accumulation, emphasizing the importance of cleanliness and sanitation. All bathroom fixtures, including toilets, washbasins, and showers, must be regularly cleaned and sanitized to mitigate the spread of diseases. Strict guidelines for waste disposal are also outlined to uphold hygiene standards within bathroom facilities as per KMC regulations.
KMC Building Rules Governing Open Areas:
The Kolkata Municipal Corporation (KMC) has established specific guidelines for open areas within residential structures, emphasizing the importance of proper design and maintenance to ensure usability and safety. According to these guidelines, open spaces should be well-ventilated, with sufficient provision for natural light and air circulation. Additionally, the design of open spaces should prioritize accessibility and safety, particularly for vulnerable populations such as children and the elderly. These measures aim to create environments that are conducive to leisure and recreation while ensuring the well-being of residents within residential complexes.
KMC Building Rules Governing Ground Coverage:
The Kolkata Municipal Corporation (KMC) has established guidelines regarding the maximum permissible ground coverage for various occupancies or user groups based on plot size. For residential buildings, the maximum ground coverage is set at 60% for plots up to 200 square meters and 50% for plots of 500 square meters or more. Similarly, educational and institutional buildings are allowed a maximum ground coverage of 50% and 40%, respectively, with slight variations based on plot size. Additionally, for plots measuring between 200 square meters and 500 square meters, the percentage coverage is calculated through direct interpolation. For larger plots exceeding 5000 square meters, the maximum permissible ground coverage is reduced to 45% for residential buildings and 35% for other occupancies, including mixed occupancy. However, for buildings on plots of 5000 square meters, an additional ground coverage of up to 15% may be allowed for car parking and building services, such as A.C. plant rooms and generator rooms, subject to compliance with relevant rules and regulations. This additional coverage is exclusively reserved for car parking, ramps, staircases, lifts, and essential building services, not exceeding 5% of the total additional coverage.
Floor Area Ratio (FAR) Regulations in Kolkata:
Floor Area Ratio (FAR) stands as a fundamental component of building regulations in Kolkata, as established by the KMC. These guidelines ensure that constructions within the city meet specific standards. FAR represents the ratio of a building’s total floor area to the size of the land it occupies, impacting density and building height. It’s synonymous with Floor Space Index (FSI). The KMC aims to foster sustainable and orderly urban development by setting precise FAR guidelines, crucial for preventing overcrowding and maintaining adequate space for residents and visitors. Enforcing these regulations ensures buildings are functional and visually appealing.
KMC Building Rules for FAR:
The KMC mandates adherence to FAR regulations for property owners and developers in Kolkata. These rules uphold construction standards and ensure city infrastructure’s safety and efficiency. Covering diverse aspects such as permissible construction materials and space allocation for different building types, the rules also restrict building sizes to prevent overcrowding and maintain ample movement space. They set limitations on building height and the number of floors permitted per structure to preserve the city’s aesthetic and functional integrity. Recently, the KMC revised building regulations to allow additional parking space construction beyond FAR limits in projects exceeding 1,00,000 sqft. Formerly, parking space wasn’t included in FAR calculations, but now, up to 40 percent of required parking space can be constructed without affecting FAR. Any excess beyond this limit will contribute to the overall FAR for the plot. As determined by the Mayor-in-Council, the floor area ratio must be in compliance with the West Bengal Town and Country (Planning and Development) Act, 1979.
Fee Schedule for Height Deviation of KMC Building Rules:
- Extra Charge for Deviation in Height without Adding Floors:
- Deviation between 1% to 5% of Total Height : 100% of the sanction fees for one floor area, not less than the maximum ground coverage area.
- Deviation above 5% of Total Height : 125% of the sanction fees for one floor area, not less than the maximum ground coverage area.
B. Deviation in Individual Floor Height:
- Fee: 25% of the sanction fee for the particular floor’s area, if deviation exceeds 1% of the sanctioned height.
- B fee is additional to A when both apply. Changes within 1% deviation under B are exempt.
- No penalty if a structure complies with sanctioned plans and applies for deviation under Rule 25 of KMC Building Rules, 2009.
Fees for Retention of Unauthorized Structures:
- Fees:
- 2.5 times the normal sanction fees, including charges of WT, WS & ST.
- Surcharge and development fees are single time of normal fees for non-residential use group and common passage for all types.
- Applicable fees are for floor areas sanctionable as per prevailing Building rules.
- Excess floor area beyond sanctioned limits: Charged at 5 times the normal fees, except for Government-aided schools and colleges where charges are decided by MMIC (B).
2. Fees for Unauthorized Structures with Sloped Roofs:
- Residential use: 1.25 times of total sanction fee.
- Other than residential: 2.5 times and 5 times of normal sanction fees.
- Different rates apply for residential buildings with a height of 7.00 m.
3. Excess Ground Coverage Fees: Rs. 500/- per Sqm. for residential and Rs. 1000/- per Sqm. for other than residential, beyond permissible limits as per Building Rules.
Effective Area Charges
- 80% of retention fees & charges for areas intended for partial roof/floor coverage.
Additional Sketch Fee
- Rates vary based on building type and covered area:
- Residential Building: Rs. 1500/- (up to 300 SqM.), Rs. 2000/- (up to 500 SqM.), Rs. 3000/- (up to 1000 SqM.), Rs. 4000/- (above 1000 SqM.).
- Educational, Religious, Public Assembly Buildings, and Government Hospitals: Variable rates based on covered area.
- Business, Mercantile, Industrial Buildings, etc.
- Hazardous Buildings, Storage Godowns.
- Others: Rates are double the above.
KMC Building Rules Ensures Safety
The Kolkata Municipal Corporation’s Building Rules 2024 epitomize its commitment to fostering safe, sustainable urban environments. Adherence to these regulations is paramount for architects, builders, and homeowners, ensuring structures are not only aesthetically pleasing but also structurally sound and conducive to well-being. By embracing these guidelines, stakeholders collectively contribute to Kolkata’s evolution as a safer, more liveable metropolis for generations to come.
For more information and guidance on KMC building rules, get in touch with an experienced property lawyer in Kolkata and West Bengal, or click here.