Panchayat:Repo18/Law Manual Page0326

(h) materials and methods of construction of external and partition walls, roofs and floors;

(i) place, materials and methods of construction of hearths, smoke escapes, chimneys, staircases, latrines, drains and cess pools;

(j) paving yards; and

(k) restrictions on the use of inflammable materials in the building.

NOTES

As per G.O.(Ms) No. 150/2007/LSGD, published as SRO No. 495/2007 dt. 6-6-2007, the Government extended the application of the Kerala Municipality Building Rules to Panchayaths. The following is the text of the Notification:

S.R.O. No. 495/2007. - In exercise of the powers conferred by sub-section (1) of section 274 of the Kerala Panchayat Raj Act, 1994 (13 of 1994) and in supersession of all the previous notifications issued in this subject matter, the Government of Kerala hereby declare that those provisions of the Kerala Municipality Act, 1994 (20 of 1994) mentioned in the schedule below and the Kerala Municipality Building Rules, 1999, shall be extended and be in force in all the Village Panchayats of Kerala State with immediate effect. SCHEDULE Clauses (2), (3), (19), (32), (34), (38) and (46) of section 2 of Chapter 1, Chapter XVIII and sections 509 and 510 of Chapter Xxii, sections 511, 515, 517 of Chapter XXIV, section 563 of Chapter XXV, sections 567, 570, 573 of Chapter XXVI and the fourth and fifth schedules in so far as they relate to the matters specified in Chapter XVII of the Kerala Municipality Act, 1994 (20 of 1994). [NOTIFICATION G.O.(Ms.) no. 150/2007/LSGD, Dated Thiruvananthapuram, 6th June, 2007] Explanatory Note (This does not form part of the notification, but is intended to indicate its general purport) Kerala has a unique environmental situation, which has historically in as land use pattern. However, of late, large scale development is taking place in unregulated manner even in the rural areas of the State. This rapid growth in an unplanned manner without reference to the carrying capacity of a locality in relation to available infrastructure, services and securities would have serious negative consequences affecting the present and future development of the State. Therefore it is necessary to ensure proper regulation of development especially construction activities. For this purpose Government have already implemented the provisions of Kerala Municipality Building Rules and relevant provisions of the Kerala Municipality Act, 1994 (Act 20 of 1994) in 184 Panchayats. Now it is decided to extend the application of the Kerala Municipality Building Rules, 1999 and the relevant provisions of the Kerala Municipality Act, 1994 (20 of 1994) to all Village Panchayats of Kerala State. This notification is intended to achieve the above object. Later, the above G.O. was superseded when the new Kerala Panchayat Building Rules was published as per G.O.(Ms) No. 41/11/LSGD dt. 14-2-2011. Mere obtaining of building permit from local authority cannot create a carte blanche in favour of a older to make a construction in an assigned land if it goes against prescriptions laid down in the Statute for such assignment. The right to construct would depend upon right obtained on assignment and terms and conditions of such assignment. – Haridas R. v. State of Kerala and Others – 2016 (5) KHC 615. MUNICIPALITY BUILDING RULES, 1999 (KERALA) - R.24(8),R.24(11) - Building having 3 floors and height between 10 mts and 12 mts - Set back, how to be given when there is no open space on the ground of the plot - Held, as per R.24(8), there has to be a further open space o roof of the 2nd floor; for building the 3rd floor - 3rd floor should be built inside the existing building structure; so as to ensure that there is left 0.5m open space around the 3rd floor; which open space is also intended to be kept free from any erection thereon and shall be open to the sky - Rajamma P. A. V. Corporation of Cochin and Others – 2016 (4) KHC 421. MUNICIPALITY BUILDING RULES, 1999 (KERALA) - R. 140A(2) - Provision contained in Structure Plan that telecommunication towers shall be permitted in all zones except residential zone would prevail over R. 140A(2) of Building Rules. Thus, telecommunication towers shall not be permitted in residential zone. As per Para. 4.13(vi) of the Structure Plan (General Town Planning Scheme) for Central City of Kochi telecommunication tower is not a permitted use in residential zone is perfectly legal. When NOTES As per G.O.(Ms) No. 150/2007/LSGD, published as SRO No. 495/2007 dt. 6-6-2007, the Government extended the application of the Kerala Municipality Building Rules to Panchayaths. The following is the text of the Notification: S.R.O. No. 495/2007. - In exercise of the powers conferred by sub-section (1) of section 274 of the Kerala Panchayat Raj Act, 1994 (13 of 1994) and in supersession of all the previous notifications issued in this subject matter, the Government of Kerala hereby declare that those provisions of the Kerala Municipality Act, 1994 (20 of 1994) mentioned in the schedule below and the Kerala Municipality Building Rules, 1999, shall be extended and be in force in all the Village Panchayats of Kerala State with immediate effect. SCHEDULE Clauses (2), (3), (19), (32), (34), (38) and (46) of section 2 of Chapter 1, Chapter XVIII and sections 509 and 510 of Chapter Xxii, sections 511, 515, 517 of Chapter XXIV, section 563 of Chapter XXV, sections 567, 570, 573 of Chapter XXVI and the fourth and fifth schedules in so far as they relate to the matters specified in Chapter XVII of the Kerala Municipality Act, 1994 (20 of 1994). [NOTIFICATION G.O.(Ms.) no. 150/2007/LSGD, Dated Thiruvananthapuram, 6th June, 2007] Explanatory Note (This does not form part of the notification, but is intended to indicate its general purport) Kerala has a unique environmental situation, which has historically in as land use pattern. However, of late, large scale development is taking place in unregulated manner even in the rural areas of the State. This rapid growth in an unplanned manner without reference to the carrying capacity of a locality in relation to available infrastructure, services and securities would have serious negative consequences affecting the present and future development of the State. Therefore it is necessary to ensure proper regulation of development especially construction activities. For this purpose Government have already implemented the provisions of Kerala Municipality Building Rules and relevant provisions of the Kerala Municipality Act, 1994 (Act 20 of 1994) in 184 Panchayats. Now it is decided to extend the application of the Kerala Municipality Building Rules, 1999 and the relevant provisions of the Kerala Municipality Act, 1994 (20 of 1994) to all Village Panchayats of Kerala State. This notification is intended to achieve the above object. Later, the above G.O. was superseded when the new Kerala Panchayat Building Rules was published as per G.O.(Ms) No. 41/11/LSGD dt. 14-2-2011. Mere obtaining of building permit from local authority cannot create a carte blanche in favour of a older to make a construction in an assigned land if it goes against prescriptions laid down in the Statute for such assignment. The right to construct would depend upon right obtained on assignment and terms and conditions of such assignment. – Haridas R. v. State of Kerala and Others – 2016 (5) KHC 615. MUNICIPALITY BUILDING RULES, 1999 (KERALA) - R.24(8),R.24(11) - Building having 3 floors and height between 10 mts and 12 mts - Set back, how to be given when there is no open space on the ground of the plot - Held, as per R.24(8), there has to be a further open space o roof of the 2nd floor; for building the 3rd floor - 3rd floor should be built inside the existing building structure; so as to ensure that there is left 0.5m open space around the 3rd floor; which open space is also intended to be kept free from any erection thereon and shall be open to the sky - Rajamma P. A. V. Corporation of Cochin and Others – 2016 (4) KHC 421. MUNICIPALITY BUILDING RULES, 1999 (KERALA) - R. 140A(2) - Provision contained in Structure Plan that telecommunication towers shall be permitted in all zones except residential zone would prevail over R. 140A(2) of Building Rules. Thus, telecommunication towers shall not be permitted in residential zone. As per Para. 4.13(vi) of the Structure Plan (General Town Planning Scheme) for Central City of Kochi telecommunication tower is not a permitted use in residential zone is perfectly legal. When

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