Panchayat:Repo18/Law Manual Page0745

Rule 3 THE KERALA PANCHAYAT BUILDINGS RULES, 2011 745

(de) Village panchayat means a village panchayat constituted under section 4 of the Kerala Panchayat Raj Act 1994 (Act 13 of 1994) clause (a) of sub-clause (1);

(df) 'warehouse' means a building, the whole or substantial part of which is used or intended to be used for 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;

(dg) '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;

(dh) 'water closet' or' WC' means a latrine with arrangement for flushing the pan with water but does not include a bathroom;

(di) 'water course'includes any natural or artificial drainage canal, river or stream;

[(dia) “width of road” means the right of way and includes medians, service roads, and flyovers);

(dj) 'yard' means an open space at ground level between a building and the adjoining boundary lines of the plot unoccupied and unobstructed except by encroachment 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 as the case may be, and the nearest point of the building including enclosed porches. Every part of yard shall be accessible from every part of the same yard;

(2) Words and expressions used but not defined in these rules but defined in the Kerala Panchayat Raj Act, 1994 (13 of 1994) shall have the same meaning assigned to them in the Act.

                                               NOTES 

R.2(e) - Advertising sign and hoarding cannot be equated. Advertisement sign means any sign either free, supported or attached to a building or other structure which advertises an individual, a firm, a society an establishment or a product displayed on the said premises for identification purposes. Hoarding put up even in a private land would fall within the definition of the building under R.2(1) of the Building Rules. Once it falls within the definition of the building, Corporation has got the right to seek removal of the structure if erected without their permission. Before erecting the hoarding, permission has to be obtained from the Corporation. Vimal Arakkal v. Corporation of Cochin - 2005 (1) KLT 121. [2004 (3) KLT 413 Confirmed 2002 (2) KLT 625 Refered to] Every advertiser, who is already in bu siness, and also those who propose to put up hoarding boards hereafter, will have to subject themselves to the stipulations so brought about, since the jurisdiction or authority or the Corporation for bringing such prescriptions has not been questioned. - Advertisement board or hoarding also comes within the definition of building. Hence permission is necessary before putting up the same. Vimal Arackal v. Corporation or Cochin - 2004 (3) KLT 413. [2002 (2) KLT 625; 2002 (2) KLT 6 & 1974 KLT 246 Refered to)

[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 shall apply to the design and construction of the building;

(b) where a 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 shall apply to all parts of the building affected by the change;

(d) where addition or extension is made to a building or separate building / buildings in the same site is proposed, these Rules shall apply to the addition or extension or new block only: