# 4 Registered No. B/SC-247
3.oltata SRAVANA6] • ' • • J Extraordinary Published byAuthority FRIDAY, JULY28, 2023 No. WB(Part-1)/2023/SAR-575 a3tte [SAKA 1945
PART I-Orders and Notifications by the Governor ofWest Bengal, the High Court, Government Treasury, etc. GOVERNMENT OFWEST BENGAL Urban Development & Municipal Affairs Department (Municipal Affairs Branch) 'Nagarayan', 6floor; DF-8, Sector - I, Salt Lake, Kolkata - 700064 NOTIFICATION No. SSS/MA/O/C-4/3R-2/2022, dated, Kolkata, the 27July, 2023,- In exercise ofthe power conferred by section 417, read with section 198, ofthe West Bengal Municipal Act, 1993 (West Ben. Act XXII of 1993) (hereinafter referred to as the said Act), the Governor after previous publication is pleased hereby to make the following amendment in the West Bengal Municipal (Building) Rules, 2007, published under this Department notification No. 67/MA/O/C-4/3R-8/ 2002, dated the 14 day of February, 2007 (hereinafter referred to as the said rules): Amendmcnts In the said rules,
(1) after proviso to sub-rule (2) ofrule 32, add the following provisos: "Provided further that the Board of Councillors may by order regularize the minor unauthorised erection, or execution ofany minorwork without sanction under these rules, orminor deviation from the sanctioned plan or execution ofany minor erection or work in contravention of any sanctioned plan under this rules, keeping regard to the following things, as the case may be, on payment of fees/ charges by the person responsible for such portion ofminor unauthorised erection at the rates as may be determined by State Government by notification:
(a) objections raised by any local inhabitants of the construction in question;
(b) road width and communication facilities;
(c) drainage system ofthe surrounding locality;
(d) other civic infrastructures; 2 THE KOLKATAGAZETTE, EXTRAORDINARY, JULY 28, 2023 M "
(e) clearance from Fire and Emergency Services Department and Pollution Control Board, ifrequired;
(f) reasons beyond the control ofthe person responsible;
(g) social interest;
(h) facilities of ingress and egress;
(i) infrastructural supports at site; G) structural safety;
(k) environmental aspects; {1) national loss in case ofdemolition;
(m) availability of other statutory clearances as will be required etc. with due regards to the spirit of law, any
(n) court order, as well as provisions ofWest Bengal Municipal Act, 1993.
Provided also that the Board of Councillors, if they deem fit, may refer such cases ofminor unauthorised erection, or execution ofany minorwork without sanction under these rules, or minor deviation from the sanctioned plan or execution of any minor erection or work in contravention ofany sanctioned plan under these rules, for the purpose oftechnical consultancy, to the State Level Building Committee constituted by the State Government for reviewing the issue of regularization of such cases.
Explanation: "local inhabitants" -means the next door neighbour, or inhabitant ofsame locality, mohalla or otherwise connected to site of the construction, "Person Responsible" - means any person responsible for the unauthorized construction in question or any ofhis power of attorney holders or representatives.";
(2) in rule 46,
(a) for sub-rule (3), substitute the following sub-rule,- "(3) For buildings on plots measuring 3000 Sqm. and up to 5000 Sqm., additional ground coverage to the extent of 10% may be allowed for car parking and building services. The additional ground coverage of 10% will be exclusively utilized for car parking, ramps, stair case, lifts for upper level car parking and building services, such as A.C. Plant room, Generator Room, Fire Fighting equipment, electrical equipment etc."
(b) after sub-rule (3), insert the following sub-rule, "(4) For buildings on plots exceeding 5000 Sq.m additional ground coverage to the extent of 15% may be allowed for car parking and building services. The additional ground coverage of 15% will be exclusively utilized for car parking, ramps, staircase, lift for upper level car parking and for building services such as Air Conditioned plant room, generator room, fire fighting equipments, electrical equipments: · Provided that in respect of the "use group" of industrial and storage buildings referred in this sub-rule, the additional ground coverage not exceeding 10% out of 15% may be used over and above the ground coverage allowed under these rules.";
(3) after clause (C) of rule 52, insert the following clause: "(D) Based on the occupancy pattern and total parking provisions in the premises of the various types of building, charging infrastructures are to be provided for 10% of the total parking spaces for Electric Vehicles in respect ofResidential Buildings having more than thirty (30) flats or apartments, Institutional, Assembly, Business, Industrial, Storage and Mercantile buildings, with an additional power load and safety factor as may be determined by the State Government from time to time by notification or order.". THEKOLKATAGAZETTE, EXTRAORDINARY, JULY 28, 2023 3
(4) after Part XII, insert the following Part: "Part XIII PROVISIONS FORBUILDING RULES FORMICRO, SMALLAND MEDIUM ENTERPRISES IN INDUSTRIAL PARKS,APPROVED BYGOVERNMENT
176. General Notwithstanding anything contained elsewhere in these rules, the provisions ofthis Chapter shall apply in respect ofmatters provided therein, in the case ofbuildings to be constructed by micro, small and medium enterprises within an industrial park approved by Government for industrial use or as factory shed/ buildings.
177. Size of the plot for a building The minimum size of a plot shall be 200 sq.m.
178. Means of Access No building shall be constructed on a plot if the width of the means of access to the site is less than 1.2 m.
179. Ground Coverage The maximum permissible ground coverage will be 60% for a plot size up to 670 sq.m. and 50% above 670 sq.m.
180. Maximum height of the building The maximum height of the building co-relating to the means of access shall be considered as under: Road Width Building Height
5.0 m up to 7.0 m 12.5 m Above 7.0 m. upto 9.0 m 15.5 m Above 9.0 m 21.50 m.
181. Front Open Space The minimum front open space for a building shall be as follows: Building Height For plot size upto For plot size above 670 sq.m. 670 sq.m. Upto 12.50 m 1.20 m 1.50 m Above 12.50 m upto 15.50 m 1.50 m 2.00 m Above 15.50 m upto 21.50 m - 4.00 m
182. Rear Open Space The minimum rear open space for a building shall be as follows: Building Height For plot size upto For plot size above 670 sq.m. 670 sq.m. .• Upto 12.50 m 2.50 m · 3.50 m Above 12.50 m upto 15.50 m 3.00 m 4.00 m Above 15.50 m upto 21.50 m - 6.00 m
183. Side Open Space The minimum side open space for a building shall be as follows: M '""--""Building Height For plot size upto For plot size above 670 sq.m. 670 sq.m. Upto 12.50 m 1.20 m and 3.00 m 1.50 m and 4.00 m Above 12.50 m upto IS.SO m 1.20 m and 3.50 m 1.50 m and 4.00 m Above 15.50 m upto 21.50 m - 3.50 m and 6.00 m
184. Floor Area Ratio The maximum floor area ratio depending on the width ofmeans of access shall be as follows: Width of means of access F.A.R.
5.0 m to 7.0 m 1.75 Above 7.0 m upto 9.0 m 2.00 Above 9.0 m 2.25
185. Stair Width The width and number of staircases of a building shall be as the follows: Building Height For plot size upto For plot size above 670 sq.m. 670 sq.m. Width of Minimum Width of Minimum Stair number of Stair number of Stair Stair Upto 12.50 m 1.50 m 1 1.35 m 2 Above 12.50 m upto 15.50 m 1.50 m 1 1.50 m 2 Above 15.50 m upto 21.50 m - - 1.80 m 2
186. Parking Space. One car parking space for every 200 sq.m. of floor area or part thereof.
187. Other Provision All other criteria shall be followed as per the provisions ofother rules contained under these rules.". By order ofthe Governor, S.DAS Special Secretary to the Government ofWest Bengal Published by Urban Development & Municipal Affairs Department (Municipal Affairs Branch), WestBengal and printed at Saraswaty Press Ltd. (Government ofWest Bengal Enterprise), Kolkata 700 056.