CHAPTER XV
SPECIAL PROVISIONS FOR CERTAIN CONSTRUCTIONS

 

100. Special Provisions for addition etc. over existing buildings.- (1) Notwithstanding anything contained in these rules, alteration or addition (extension) of the first floor or the second floor or both and or conversion or erection of roof, shutter or door shall be permitted to buildings existing on the 30th March 2000 subject to sub rules (2) to (10) of this rule, even though the existing building and proposed floor(s) or work does not satisfy the provisions under rules 24, 25, 26, 32, 33 and the provisions under Chapter VI and Chapter VII:

Provided that alteration of existing building shall be permitted for the limited purpose of constructing staircase of ramp or flight of steps for use as access to the proposed floors, if such alteration satisfies the provisions under rule 25:

Provided further that the owner shall have no right to claim cost or compensation for both the existing building and the proposed floor(s) or any portion thereof if the same is required to be demolished in future for any road widening or development under any scheme approved by Government or an authority under them:

Provided further that the owner shall be responsible for the structural stability and other safety of the building, both the existing and the proposed:

Provided also that the alteration or addition (extension) or other works mentioned in this rule above shall be permitted even if the existing building have one basement floor.

(2) The proposed alteration or addition (extension) shall satisfy the provisions regarding clearance from overhead electric lines specified under table 1 of rule 23 and if such clearance is not available, no objection certificate issued by the Chief Electrical Inspector or an Officer authorised by him shall be produced for issuing permit.

(3) The distance from the boundary abutting road to the proposed second floor over the existing building having ground floor and first shall be that of the first floor, if the said distance is less than that required under rule 25.

(4) The distance from the boundary abutting a road to the proposed first floor or first and second floors over the existing building having ground floor, shall be that of the ground floor, if the said distance is less than that required under rule 25.

(5) In the case of residential or special residential or mercantile/ commercial buildings alteration or addition (extension) of floor(s) or conversion of roof shall be permitted only if the existing building and the proposed floor(s) have average 60 cms open space from the boundaries of all the plots on its sides including rear:

Provided that if any portion or side of the building abuts the plot boundary or have an open space less than that specified above, a consent document issued by the owner of the plot on the abutting portion/side shall be produced along with the application for permit:

Provided further that not more than two sides shall be permitted to abut the boundary even with such consent document.

(6) In the case of occupancies other than that mentioned under sub rule (5), alteration or addition (extension) of floor (s) or conversion of roof shall be permitted only if the existing building and the proposed floor (s) have average 1.00 meter open space from all the plots on its sides including rear:

Provided that no industrial occupancy building under Group G1 and hazardous occupancy building under Group 1 (1) and Group 1 (2) shall be permitted under this rule.

(7) The maximum coverage permissible shall, if the proposed is for first and second floors, be that of the ground floor over which such floors are proposed and if the proposal is for second floor, be that of the first floor over which such floor is proposed:

Provided that the proposed floor (s) shall not extend beyond the limits of the existing building.

(8) The maximum floor area ratio permissible under this rule shall be as in Table 2 under rule 31 and for calculating the maximum floor area ratio permissible the floor area of the proposed floor (s) and floor area of the existing building shall be taken into account.

(9) Off street parking shall be provided as in Table 5 under rule 34 for the proposed floor (s) irrespective of whether off street parking is available for the existing building or not:

Provided that where the carpet area of the building including the proposed floor (s) does not exceed 300 sq. metres provision regarding car parking shall not be insisted for permitting alteration or addition (extension) of floor (s).

(10) In the proposed alteration or addition (extension) of first and second floor (s) door shall be permitted only on the side or portion having 1.00 metre open space, window shall be permitted only on the side or portion having 60 cms. open space and no opening shall be permitted on the side or portion having less than 60 cms open space.

101. Special provision for addition, etc. over buildings permitted under Kerala Building Rules, 1984.- (1) Alteration or addition/extension of first floor or second floor or both and or conversion or erection of roof, shutter or door shall be allowed to buildings permitted under orders granting exemption from provisions of Kerala Building Rules, 1984, issued by Government or District Collectors subject to sub rules (2) and (3) of this rule, whether the work has commenced or not or whether being carried on or completed:

Provided that the permitted building and that proposed alteration or addition/extension or other work mentioned in this rule shall have minimum 3 meters distance from the boundary abutting any National Highway, State Highway, District road or other road notified by the Municipality and minimum 1.5 meters from the boundary of other road.

(2) The provisions under rules 24, 25, 32 and 33 and the rules under Chapter VI and VII shall not apply to the proposed floor (s) or work whether the permitted building satisfies the said provisions or not.
(3) The provisions under sub rules (2) to (10) of rule 100 shall mutatis mutandis apply to both the permitted building and the proposed building.

102. Extension in the ground floor, etc.- (1) Extension in the ground floor with or without floors above it shall be permitted to any building, if the proposed extension satisfies the provisions in these rules, irrespective of whether the building proposed to be extended conforms to the provisions in these rules or  not:

Provided that for the purpose of calculating maximum coverage and floor area ratio permissible and for calculating the total off street parking requirements both the proposed extensions and the building proposed to be extended shall be taken into account.
(2) Addition/extension of upper floors to any building shall be permitted, if the proposed addition/extension satisfies the provisions in these rules, irrespective of whether the building proposed to be extended conforms to the provisions in these rules or not:

Provided that in the case of existing ground floor on the side of cul-de-sac not exceeding 250 meters length or pedestrian lanes or streets up to 3 meter width, first floor shall be permitted above it if the existing ground floor and proposed first floor have minimum 1.50 metes distance from the boundary abutting such cul-de-sac, lane or street irrespective of whether it satisfies the provisions in rule 25 and rule 32:

Provided further that for the purpose of calculating maximum coverage and floor area ratio permissible and for calculating the total off street parking requirements both the proposed extension and the building proposed to be extended shall be taken into account.
(3) Separate and independent building shall be permitted in a plot already having one or more buildings, if the proposed building satisfies the provisions of these rules, irrespective of whether the existing buildings in that plot satisfies the provisions of these rules or not:

Provided that for the purpose of calculating maximum coverage and floor area ratio permissible and for calculating the total off street parking requirements both the proposed and the existing building in the plot shall be taken into account:

Provided further that the proposed building shall have minimum 1.5 meters distance from the other existing buildings, if the proposed building has not more than 3 floors and shall have minimum 3 meters distance, if the proposed building has more than three floors.

(4) Conversion of roof with the same or a different material shall be permitted to any building, if not otherwise prohibited by these rules or main rules or the Act, irrespective of whether such building conforms to the provision in these rules or not:

Provided that the clear distance of the roof edges from the plot boundaries shall not be reduced from the existing distance, but however where sufficient distance is available it can be reduced to such extent that the provisions regarding projections permissible into open space as provided in rule 24 shall be observed.

Provided further that no portion of the roof shall encroach or project into  the street or the neighboring plots and water from the roof shall not be allowed to fall into the street or the neighboring plots or the plot boundaries:

Provided also that no permission shall be necessary for conversion of roof with grass, leaf or thatch:

(5) Conversion of shutters or doors with the same or a different material or erection of shutters or doors shall be permitted in any building irrespective of 'whether such building conforms to the provisions in these rules or not:
Provided that the area or height of the building shall not be increased
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