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GOVERNMENT OF KERALA
Local Self Government (RD) Department
NOTIFICATION
GO (Ms) No. 128/2010/LSGD. Dated, Thiruvananthapuram, 21st June, 2010.
S.R.O. No. 591/2010 - In exercise of the powers conferred by sections 381, 382,
383A, 387, 398 and 406 of the Kerala Municipality Act, 1994 (20 of 1994) read with section
565 thereof, the Government of Kerala hereby make the following rules further to amend the
Kerala Municipality Building Rules, 1999 issued in G.O. (Ms) No. 188/99/LSGD dt. 1st October,
1999 and published as S.R.O. No. 777/99 in the Kerala Gazette Extraordinary No. 1786 dated
1st October, 1999, namely:-
RULES
1. Short title and commencement.– (1) These rules may be called the Kerala Municipality
Building (Amendment) Rules, 2010.
(2) They shall come into force at once.
2. Amendment of the Rules. - In the Kerala Municipality Building Rules, 1999, –
(1) In rule 2, sub rule (1),
(i) In clause (aq) for the words “from the lowest point of the building
touching the ground surface and if any of the floor comes below the
ground surface, from the lowest floor level”, the words “from the
average level of the ground contiguous to the building,” shall be
substituted.
(ii) After the proviso, a note shall be added namely:-
Note:- For arriving at the ‘average level of ground’, the average
of the levels of the lowest ground and that of the highest ground
contiguous to the building shall be taken
(iii) After clause (bp), the following clause shall be inserted namely:-
(bpa) ‘Security Zone’ means any area, identified and delineated by the Home
Department of the state government as Security Zone from time to time
and notified and published in the government gazette by the Local Self
Government Department. For the purpose of these rules, any area
around compounds or sites which accommodate vital or strategic
installations, offices, residences, institutions, landmarks, jail compounds,
monuments, ports, shipyards, scientific and advanced research centres
and the like, which in the opinion of the government, needs special
security and necessitates regulations and/or restrictions for
constructions and land developments around, can be delineated as
security zone.
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(2) In rule 3A, -
(i) the words “in force” after the words “under Town Planning Acts” shall be
omitted.
(ii) the words ‘in force” shall be inserted after the words “in any Town
Planning Scheme”.
(3) Rule 3B shall be substituted as follows:
3B Application of National Building Code of India.- Wherever the
provisions of the National Building Code are mentioned in these rules,
the provisions of the code in force shall be adopted.
(4) In rule 5,-
(i) sub rule (1a) shall be omitted.
(ii) after sub rule (6A), the following sub rule shall be inserted,
namely:-
(6B) In the case of an application for development or redevelopment
of any land within the Security Zone, the Secretary shall consult the
District Collector concerned before permission is granted. The District
Collector, after getting specific recommendation from the Director
General of Police, shall furnish his reply. The objection if any raised
and/or restriction and/or regulation if any suggested by the District
Collector shall be complied by the Secretary while issuing the permit.
Provided that in the case of development or redevelopment for
religious purpose or worship, prior approval or clearance or permission
and concurrence as the case may be, of the District Collector concerned
shall be obtained and also the conditions stipulated in the Manual of
Guidelines to Prevent and Control Communal Disturbances and to
Promote Communal Harmony which is in force have to be complied
with. Applications for renovation without involving additional built-up
area or structural alterations of existing buildings for religious purpose
or places of worship can be considered by the Secretary after informing
the District Collector in form in Appendix - N duly filled by the
applicant and verified by the Secretary. The permit shall be issued only
after the receipt of the concurrence by the District Collector.
(5) In rule 7,-
(i) sub rule (1a) shall be omitted.
(ii) after sub rule (6A), the following sub rule shall be inserted, namely:-
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(6B) In the case of an application to construct or reconstruct
a building or make alteration or addition or extension within any
Security Zone, the Secretary shall consult the District Collector
concerned before permission is granted. The District Collector, after
getting the specific recommendations from the Director General of
Police, shall furnish his reply. The objection if any raised and/or
restriction and/or regulation if any suggested by the District Collector
shall be complied by the Secretary while issuing the permit.
Provided that in the case of construction of new building or
reconstruction or alteration or addition or extension of existing building
for religious purpose or worship, prior approval or clearance or
permission and concurrence as the case may be, of the District Collector
concerned shall be obtained and the conditions stipulated in the Manual
of Guidelines to Prevent and Control Communal Disturbances and to
Promote Communal Harmony which is in force have to be complied
with. Applications for renovation without involving additional built-up
area or structural alterations of existing buildings for religious purpose
or places of worship can be considered by the secretary after informing
the District Collector in form in Appendix - N duly filled by the
applicant and verified by the secretary. The permit shall be issued only
after the concurrence of the District Collector.
(iii) in sub rule (9) under clause (b) in item (iv), after the words
“include sectional drawings showing”, insert the words “the lowest ground level
contiguous to the building, highest ground level contiguous to the building,”.
(6) After rule 11, rule 11A shall be inserted, namely:-
11A Approval of site and plans and issue of permit where
excavations to a depth of more than 1.5 metres is involved,-
(1)In the case of constructions/land developments which involve any
earthwork excavation to a depth of more than 1.5 metres, if the depth
of cutting is more than the horizontal distance of such cutting from the
plot boundary, the following provisions shall apply:
Provided that, such provisions are not necessary in cases where
such excavation is carried out for construction of structures such
as wells, septic tank, recharge pits, drainage works, compound
walls and the like.
(2) The application for Development and/or building permit shall be
submitted by the applicant as per the provisions of these rules,
along with a certificate of the Architect, Building Designer,
Engineer, Town Planner, Supervisor as the case may be, who
has prepared and signed the plans, drawings, statements etc. as
to whether permit as envisaged under rule 11A is required.
(3) The application for permit shall also include sufficient copies of,-
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(i) dimensioned plan(s) and sectional drawing(s) showing
the levels and depths of cutting at all places in respect of
excavations for building construction and land
development works,
(ii) drawings, specifications and details of temporary and
permanent protective measures proposed and
(iii) drawings, specifications and details of slabs, beams,
columns, retaining walls etc. proposed at the ground
floor level and below.
(iv) details of piles if any, including their drawings,
specifications, erection methods and the like.
(4) The Secretary shall issue permit as laid down in these rules:
Provided that, if any changes or deviations are to be
made, it shall satisfy the provisions of these rules and the same
shall be intimated to the Secretary with revised drawings,
specifications and details as the case may be.
(5) Any written complaint received after the date of issue of the
permit(s) from owners or occupants in the adjoining properties
on the actual or possible damages to their life and property shall
be acted upon by the Secretary as per the provisions in this rule.
(6) Once the earthworks and/or constructions upto the ground level
are completed as per the approved plans, the applicant may in
writing intimate the same to the Secretary and request for
concurrence for carrying out rest of the works. No construction
shall be carried out above the ground level until the Secretary
issues such concurrence as in Appendix C1.
(7) The Secretary shall, if convinced that the works are carried out
satisfactorily as per the permit(s) and provisions of this rule and
no written complaint is received as in sub rule (5), issue
concurrence as in Appendix C1 for carrying out the remaining
works above the ground level as per approved plans within 7
days after intimating the completion of works upto ground level.
(8) If any complaint is received as in sub rule (5), the Secretary
shall:
(i) refer the matter within 5 days to the Technical Expert
Committee constituted as per sub rule (12) and convene
a meeting of the Committee;
(ii) intimate the nature of complaints to the applicant and
call for details and explanation if so desired by the
Committee;
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(iii) arrange for site inspections, hearing of the applicants
and/or petitioners, verification of records and arrange for
tests if so required by the Committee and
(iv) take up further action as per the recommendations of the
Committee.
(9) The applicant(s) and/or the petitioner(s) shall attend the hearing
and shall also produce any details called for within the time
specified, if so required by the Committee or the Secretary on its
behalf.
(10) The Committee shall evaluate the damages and fix the
compensation and/or suggest further protective measures, if
any, to be taken by the applicant to solve the issues raised by
the petitioner(s). The amount of compensation shall include the
actual cost of restoration as decided by the Committee and an
additional 30% as solatium:
Provided that the process of the Committee shall be
completed within a total duration of 3 weeks.
(11) Concurrence shall be issued by the Secretary, after ensuring that
the protective measures are carried out to the satisfaction of the
Committee and the compensation is paid by the applicant as per
the decision of the Committee. The actual expenses of the
Committee as intimated by the Secretary shall be paid by the
applicant.
(12) For the purpose of this rule, Government may, constitute
municipal level Technical Expert Committee(s) comprising of the
Secretary (convener), Municipal Engineer/Town Planning Officer
and two experts, one each in Structural Engineering and
Geotechnical Engineering (to be nominated by the Government)
to assess the damage, suggest protective measures and fix the
compensation.
(7) In rule 18 of such rule (5),
the words “if required” after the words “after examining the records
and”, shall be omitted.
(8) In Rule 20,-
(i) sub rule (7b) shall be deleted.
(ii) sub rule (7c) shall be substituted as follows:-
If the owner engages any developer(s) at any time for the construction,
reconstruction, repairs, additions or alterations of buildings or
development or redevelopment of land, the same shall be intimated to
the Secretary within a week from the date of agreement (executed
between the owner and the developer) along with the copy of such
agreement by which the owner authorises the developer to undertake
construction, reconstruction, repairs, additions or alterations of
building(s) or development or redevelopment of land in that plot, on
behalf of the owner.
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(iii) in sub rule (7d), -
(a) The words “audio, visual, print media or” and “or hoardings”
shall be omitted.
(b) The proviso shall be omitted.
(iv) the following sub rules shall be added at the end, namely:-
(7e) In the case of advertisements pertaining to building construction
or land developments through visual - print media and
hoardings, the owner or developer shall include the details
mentioned in item (i) to (vi) in sub rule (7d) of rule 20 and the
address of the website carrying details under sub rule (7d) of
rule 20.
(7f) The Secretary may also publish the details of the permits issued
in the website of the municipality as required under Section
517B (3) of the Kerala Municipality Act, 1994.
(7g) if any such advertisements are made in contravention to sub
rules (7d), (7e) and (7f) of this rule, the Secretary or the
Government may interfere in the matter.
(9) Sub rule (12) of rule 24 shall be substituted as follows:
(12) The front, rear and side setbacks for constructions below the ground
level (basement floor etc) shall be the same as that required for a 10
metre high building of the same occupancy group constructed above
ground level.
(10) In rule 25,-
(i) for the figure 5.5 the figure 5.0 shall be substituted;
(ii) the third proviso shall be omitted.
(11) After rule 26, the following rule shall be inserted, namely:-
“26A Waste disposal – There shall be provisions for safe disposal of waste.”
(12) In rule 27,-
(i) in item (iii), after the words “every street in the layout”, the words “and
the street giving access to the land proposed for subdivision from the
main street” shall be omitted.
(ii) after item (iii), the following item shall be inserted, namely: -
“(iii-a) The width of the street giving access to the land proposed for
subdivision from the main street shall be as given in Table 1-A.
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TABLE 1-A
WIDTH OF STREET
[As per rule 27(iii-a)]
Sl.
No.
Total extent of land Minimum width required
(in metres)
01 Upto 0.5 hectares and subdivided to
20 plots or less.
No minimum
02 Upto 0.5 hectares and subdivided to
more than 20 plots.
3.00
03 More than 0.5 hectares upto 1
hectares
3.60
04 More than 1 hectare upto 2 hectares 5.00
05 More than 2 hectares 6.00
”
(iii) for item (ix) the following shall be substituted,-
“(ix) In the case of layout for subdivision of plots, where the number
of residential plots exceeds 20, approval of the District Town
Planner shall be obtained if the area of the land is above 0.5
hectare and upto 2 hectares and approval of the Chief Town
Planner shall be obtained if the area of land exceeds 2 hectares.”
(9) In rule 31, -
(i) in sub rule (2),
(a) for table 2, the following table shall be substituted, namely:-
“TABLE 2
COVERAGE AND FLOOR AREA RATIO (F.A.R.)
Maximum permissible F.A.R.
Sl.No: Occupancy
Maximum
permissible
coverage
(percentage of
plot area)
Without
additional
fee
With
additional
fee at the
rate of Rs.
500 per
square
metres of
additional
floor area
With
additional
fee at the
rate of Rs.
1000 per
square
metres of
additional
floor area
(1) (2) (3) (4) (5) (6)
1
(a)
(b)
(i)
(ii)
(iii)
(iv)
(v)
Residential A1
Upto 300 square metres
More than 300 square
metres with number of
dwelling units in the
range:
1 - 5
6- 50
51-100
101-200
65
65
60
55
50
45
2.75
1.50
-
2
-
2.75
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above 200
2 Special Residential A2 60 1.50 2 2.50
3 Educational B 35 1.50 - 1.75
4 Medical/Hospital C 35 1.50 1.75 2.00
5 Assembly D 40 0.70 1.0 1.50
6 Office/Business E 40 1.50 2.0 2.50
7 Mercantile/Commercial F 60 2.00 - 2.50
8 Industrial G1. 40 1.20 - 1.50
9 Small Industrial G2 60 2.00 - 2.50
10 Storage H. 70 2.00 - 2.50
11 Hazardous I(1) 30 0.70 - 1.0
12 Hazardous I(2) 25 0.70 - -
(b) for Note (ii) under table 2, the following note shall be substituted,
namely:-
“(ii) In the case of a building / building complex which
accommodates more than one occupancy from among the groups A1-
Residential, A2-Special Residential, D-Assembly, E-Office or Business
and F-Mercantile/ Commercial, the maximum permissible Floor Area
Ratio and Coverage shall be the weighted average of the Floor Area
Ratio and Coverage under the respective occupancies in Table 2, if the
plot has an area more than 0.5 hectares.
Provided that, if the plot area is upto 0.5 hectares, the Floor Area Ratio
and Coverage shall be that of the most restrictive occupancy.”
(c) in Note (iii) under Table 2, after the words “Government owned
Information Technology Parks”, the words “ , Government approved
private Information Technology Parks” shall be inserted.
(10) In rule 32, after sub rule (2), the following sub rule shall be added, namely:-
“(3)In the case of construction or reconstruction of buildings or alteration
or addition to existing buildings within any Security Zone, the overall
height of building upto its topmost point shall not exceed 10 metres or
as specified by the District Collector as per sub rule (6B) of rule 5
and/or sub rule (6B) of rule 7, whichever is less:
Provided that, if the overall height of any existing building in the
Security Zone is 10 metres or more upto its topmost point, further
vertical extension of that building shall not be permitted:
Provided further that the height of building shall be measured from the
average level of ground contiguous to the building.”
(11) In rule 33, -
(i) in sub rule (1),-
(a) for the words “and Table 4.3” occurring after the words “Table 4.1, Table
4.2” shall be omitted.
(b) For the Tables 4.1 and 4.2 the following Tables shall be substituted,
namely:-
9
”
(C) in the Note under table 4.2, for the words “Group A1, A2, D and F
occupancies”, the words “occupancies mentioned in Tables 4.1 and
4.2” shall be substituted.
(d) Table 4.3 shall be omitted.
(e) the first proviso shall be substituted as follows, namely:-
Provided that, in the case of Government and aided schools upto
higher secondary (including vocational higher secondary) level, the
existing access and street shall be sufficient for carrying out the
“Table 4.1
ACCESS FOR GROUP A1 OCCUPANCY
Sl.
No.
Occupancy Total floor area of
buildings in square
metres
Number of
dwelling units
in the case of
Group A1
occupancy
Minimum width
of access
required in
metres
(1) (2) (3) (4) (5)
Upto 300;
limited to 2 storeys No minimum
Upto 300;
more than 2 storeys 1.2
Above 300 upto 600 2
1(a) Group A1 Occupancy
with total floor area
upto 600 square
metres Not Applicable
Above 600 upto 1000 Upto 8 3
Above 1000 upto 4000 9 - 30 3.6
Above 4000 upto 8000 31 - 60 5
Above 8000 upto 12000 61 - 90 6
Above 12000 upto 16000 91 -125 8
1(b) Group A1 Occupancy
with total floor area
above 600 square
metres
Above 16000 More than 125 10
Table 4.2
ACCESS FOR OTHER OCCUPANCY GROUPS
Sl.no: Occupancy Total floor area of
buildings in square
metres
Number of
storeys
Minimum width
of access
required in
metres
(1) (2) (3) (4) (5)
Upto 300 Single Storey 1.2
Above 300 upto 1000 Two Storeys 3.6
Above 1000 upto 4000 Three Storeys 5
Above 4000 upto 8000 Four Storeys 6
Above 8000 upto 12000 Above four
Storeys
8
1 Occupancies other
than Group A1
Above 12000 - 10
10
following constructions reconstruction, addition or alteration of
building(s) in the plot, namely :
(i) any addition of toilet blocks and other sanitation arrangements
(ii) other building works without increase in the total floor area of all
the buildings put together in the plot prior to carrying out such
works.
(f) in the 2nd proviso, -
(i) for the word ''buildings'' the words ''a building'' shall be substituted;
(ii) for the word ''a'' occurring after the word ''for arriving'' the word ''at''
shall be substituted.
(12) In rule 34,-
(i) for Table 5.1 the following table shall be substituted namely:-
“TABLE 5.1
OFF-STREET PARKING SPACE FOR
GROUP A1- APARTMENT HOUSES/ FLATS
Carpet area per
dwelling unit
Off-street parking spaces at the rate of
Upto 60 square metres 1 for every 4 dwelling units
above 60 square
metres
upto 100 square
metres
1 for every 2 dwelling units
above 100 square
metres
upto 150 square
metres
1 for every dwelling unit
above 150 square
metres
upto 250 square
metres
1.5 for every dwelling unit
above 250 square
metres
2 for every dwelling unit
Note:- Fractions if any in the total number of parkings worked out shall
be rounded off to the next whole number.”
(ii) in Table 5.2, in column (3) against Sl. No. 4 Group D-Assembly, for the
figure “7”, the figure “15” shall be substituted.
(iii) in sub rule (5), for the figure “30%” the figure “15%” shall be
substituted.
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(13) In rule 36, after the words “residential occupancy”, the words “and
livestock/poultry farm under group I(1) hazardous occupancy,” shall be
inserted.
(14) In rule 48, sub rule (1) shall be substituted namely:-
“(1) Any building exceeding three storeys in the case of Group C – Hospital /
Medical occupancy and four storeys in the case of other occupancies
shall have at least one lift.
Provided that, additional lift shall be provided at the rate of one
lift for every 2500 sq.metres of the total floor area or part there of
in excess of the first 4000 square metres, or by adopting the
provisions in the National Building Code for calculating the number of
lifts, in which case, the respective registered engineer, architect etc.
shall furnish certificate, design calculation and specifications all duly
signed, along with the application for building permit. The certificate
shall be to the effect that the lifts provided conform to the provisions of
the National Building Code.”
(15) In rule 50,-
(i) in sub rule (2)
(a) the word “, it” before the words “shall be exclusive of” shall be
omitted.
(b) the word “the” occurring after the words “If recreational space is
partly provided on”, shall be substituted with the word “any” ,
(c) the words “the area of such open terrace shall not be less than
500 square metres and” shall be omitted.
(d) for the word ”exists”, the word “exits” shall be substituted.
(ii) Note (3) to sub rule (2) shall be omitted.
(16) In rule 53, sub rule (1) shall be substituted namely:-
“(1) In the case of apartment houses/ flats under Group A1
occupancy, approval of the District Town Planner shall be
obtained for usage of plot and lay-out of buildings with total
number of dwelling units exceeding 50 units, but upto 100 units
and approval of the Chief Town Planner shall be obtained for the
usage of plot and lay-out of buildings with total number of
dwelling units exceeding 100 units.
Provided that, if the area is covered under any Town Planning
Scheme, the usage of plot shall conform to the provisions
contained in that scheme.”
(17) In rule 54, for sub rule (1) the following sub rules shall be substituted, namely:-
“(1) In the case of Professional Educational Institutions under Group B
occupancy and all buildings under Group C occupancy, approval of
the District Town Planner shall be obtained for usage of plot and
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lay-out of buildings with total floor area exceeding 500
sq.metres, but upto 2000 sq.metres under each such occupancy
and approval of the Chief Town Planner shall be obtained for the
usage of plot and lay-out of buildings with total floor area
exceeding 2000 sq.metres under each such occupancy.”
(1a) In the case of Group B occupancy other than Professional
Educational Institutions and Group E occupancy, approval of the
District Town Planner shall be obtained for usage of plot and layout
of buildings with total floor area exceeding 3000 sq.metres,
but upto 6000 sq.metres under each such occupancy and
approval of the Chief Town Planner shall be obtained for the
usage of plot and lay-out of buildings with total floor area
exceeding 6000 square metres.”
(18) In rule 55, for sub rule (1) the following sub rule shall be substituted namely:-
“(1) In the case of Group D occupancy, approval of the District Town
Planner shall be obtained for usage of plot and lay-out of
buildings with total floor area exceeding 500 sq.metres, but upto
1000 sq.metres and approval of the Chief Town Planner shall be
obtained for the usage of plot and lay-out of buildings with total
floor area exceeding 1000 sq.metres.
Provided that, if the area is covered under any Town Planning
Scheme, the usage of plot shall conform to the provisions
contained in that scheme.”
(19) In rule 57, after sub rule (2) the following proviso shall be inserted, namely:-
Provided that layout approval is not necessary for buildings for
small industries coir, weaving, black smithy, carpentry etc. up to
50 square metres. of total floor area.
(20) In rule 57, for sub rule (5) the following sub rule and table shall be substituted
namely:-
“(5) The minimum clear width of access to a building and plot as well as the
width of the street giving access to the plot from the main street shall be
as given in Table 10 and shall be motorable:-
Table 10
Access for Group G1 and G2 Occupancies
Sl.
No.
Total Floor area Width of access to the plot as
well as the width of the street
giving access to the plot in
metres
(1) (2) (3)
1 Up to 300 square metres 3
2 Above 300 upto 700 square metres 3.6
13
3 Above 700 square metres 6
”
(21) In rule 59,-
(1) After sub rule (1) the following proviso shall be inserted, namely:-
“Provided that, in the case of all livestock and poultry farms under Group I(1)
occupancy, irrespective of the plot area such approval is not required for
buildings having total floor area up to 500 square metres, approval of District
Town Planner shall be obtained if the total floor area is above 500 square
metres and up to 1000sq.metres, and approval of Chief Town Planner shall be
obtained if the total floor area is above 1000sq.metres.”
(ii) in sub rule (4)
(a) In the proviso -
(i) for the figure '200' the figure '300' shall be substituted;
(ii) for the figure ''3.6'' the figure '3' shall be substituted.
(b) After the proviso, the following proviso shall be added, namely:-
“Provided further that, in the case of all livestock and poultry farms under
Group I(1) occupancy, the above width shall be 1.2 metres if the total
floor area is upto 500 square metres, 3 metres if the total floor area is
above 500 sq. metres but upto 1000 sq. metres and 5 metres if the total
floor area is above 1000 sq. metres.”
(22) Sub rule (1) of rule 74 shall be substituted, namely:
“(1) The floor area of each dwelling unit shall not exceed 60 square metres.”
(23) Rule 77 shall be omitted.
(24) In sub rule (3) of rule 109 A, for the word “researching” the word “recharging”
shall be substituted.
(25) In Chapter XVI-B,-
(i) in the title for the words “SOLAR ASSISTED WATER HEATING SYSTEM”
the words “SOLAR ASSISTED WATER HEATING/ LIGHTING SYSTEM”
shall be substituted;
(ii) for the marginal heading “109 B Solar Assisted Water Heating System in
Buildings”.- the words “109 C Solar assisted water heating/lighting
system in buildings”.- shall be substituted;
(iii) in sub rule (1), the words “Solar Assisted Water Heating System”
occurring before the words “shall be provided for buildings” shall be
substituted with the words “Either solar assisted water heating system
or solar assisted lighting system”.
(iv) In sub rule (2), the word ''space'' occurring after the words “Such
buildings shall have open”, shall be substituted with the word “area”;
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(v) In sub rule (4),for the words “solar water heating
system” the words “solar assisted water heating system /
solar assisted lighting system”, shall be substituted.
(26) In sub rule (1) of rule 117, the word “continuous” shall be omitted
(27) In Appendix A after item, “10. Details of permit/approved plan already
obtained”, the following item shall be inserted namely:-
“10A. Name and address of the Developer if any:”
(28) In schedule II, under the heading “PERMIT FEE”, for the existing table, the
following table shall be substituted, namely:-
“
Sl. No.
Local Self Government Institution
Plot sub division including land
developments therein if any as per rule 27,
28 and 29. (Rs. Per Ares of the land
proposed for sub-division)
Other land developments(Rs. Per Hectares
of the land proposed for sub-division)
Pucca Building (Rupees per sq.metres of
floor area)
Thatched or tiled buildings -Other than
pucca (Rupees per sq.metres)
Huts or sheds (Rupees per unit including
their accessory units if any)
Residential units for Economically Weaker
Sections funded by Government or Local Self
Government Institutions
(Rupees per dwelling unit)
Wells (Rupees per unit)
Compound wall (Rupees per metre length)
Shutter or door conversion or erection under
rule 100 or 101 (Rupees per unit)
roof conversion under rule 100 or 101
(Rupees per sq.metre)
(1) (2) (3A) (3B) (4) (5) (6) (7) (8) (9) (10) (11)
(i) (ii)
In group A1 Occupancy
In occupancies other than
Group A1
1 Town Panchayat &
Village Panchayat 500 500 5 7 1 25 NIL 15 2 200 2
2 Municipal Council 750 750 7 10 2 50 NIL 20 3 300 3
3 Municipal
Corporation 1,000 1,000 10 15 3 75 NIL 25 4 500 4
”
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(29) After Appendix-C, the following new Appendix shall be inserted namely:-
“APPENDIX C – 1
[See Rule 11A (6 )and (7)]
Concurrence
………………………………………………………………………………………Corporation/Municipality
No…………………………………………. Dated….………………………………………….
Ref:-(1 ) Application dated……………………………..from Sri./Smt …………………………
(2) Permit No………… Dated…………………………
Concurrence is granted for proceeding with the construction above the ground level as per the
permit cited in ref (2) for……......................................... (specify the construction) in building
No…………………………………….. or near the building No……………………………………in Survey No.
…………... in……………………………………………………Village in............................................................
Taluk in..................................................... District for ………………………………………………(specify the
occupancy) purpose subject to the conditions stated below:
(1) ……………………………………………………………………..
(2) ……………………………………………………………………….
(3) ………………………………………………………………………..
(4) ………………………………………………………………………..
Plinth area of the building is as follows:-
Basement
Ground Floor
First Floor
………………………………………………………………..
………………………………………………………………..
Signature and name of Secretary
Place:
Date:
(Seal)
16
(30) After Appendix- M, the following Appendix shall be inserted, namely:-
“APPENDIX - N
[See Rule 5(6B) and 7(6B)]
____________________________ Panchayat/ Municipality/Corporation
DETAILS REGARDING APPLICATIONS FOR RENOVATION
WITHOUT INVOLVING ADDITIONAL BUILT-UP AREA
OR STRUCTURAL ALTERATIONS OF EXISTING BUILDINGS
FOR RELIGIOUS PURPOSE OR PLACES OF WORSHIP
(To be submitted by the applicant to the secretary in triplicate)
1. Name of Applicant :
2. Address :
3. Village & Survey Number :
4. Extent of land :
5. Details of Renovation works :
6. Nature of ownership :
7. Built-up Area of existing building(s)
Sl. No. Floor level
(Basement/First/Second… etc.)
Built-up area in sq.m
8. Certificate
Certified that the works for the above specified building(s) involve only
renovation works without any structural alterations or addition in the existing
built-up area.
(Signature)
Name and address of the owner
Place:
Date:
17
For Office Purpose:
9. Forwarded to District Collector along with verified drawings and other relevant
details if any.
File/Application No:
Date of receipt of application:
(Signature of Secretary)
(office seal)
10 Acknowledgement of the receipt from District Collector:
(Signature)
Name and designation of the authorized signatory
Place:
Date:
11. Action taken by the Secretary:
”
By order of the Governor,
S.M. VIJAYANAND
Principal Secretary to Government.
18
Explanatory Note
(This does not form part of the Notification, but is intended to indicate its general purport.)
The government vide GO(Ms) No: 249/2009/LSGD dt. 16-12-2009 made certain
amendments to the Kerala Municipality Building Rules, 1999. Subsequently, the government
have examined the grievances of different stakeholders on these amendments. Certain errors
have also crept in the said amendment rules. The government also feels that some more
changes are required in these rules considering the new trends in building construction and
rising security threats to vital or strategic installations, offices, residences, institutions,
landmarks, jail compounds, monuments, ports, shipyards, scientific and advanced research
centres and the like, the government feels that there is a need for incorporating provisions to
regulate and restrict constructions and land developments around such compounds / sites
from the security angle. In this context, the Government consider it is necessary to make
certain further amendments to Kerala Municipality Building Rules 1999.
This notification is intended to achieve the above purpose.
Kerala Municipality Building Rules 2010 - Amendment -21st June 2010
NRI helpdesk
Acquisition of Immovable Property in India
1. at any time, held Indian passport, or
The general permission, however, covers only purchase of residential and commercial property and not for purchase of agricultural land / plantation property / farm house in India.
A.3. No. An NRI / PIO who has purchased residential / commercial property under general permission, is not required to file any documents with the Reserve Bank.
Q.11. From whom can the non-resident inherit immovable property?
II. Transfer of immovable property in India
Q.12 Can an NRI/ PIO/foreign national sell his residential / commercial property?
(b) PIO can sell property in India to
Q.14. Can a non-resident gift his residential / commercial property?
(iii) Transfer through mortgage
Q.17. How can an NRI / PIO make payment for purchase of residential / commercial property in India ?
Q.18 What shall be the option if there is refund of application money / payment made by the building agencies / seller because of non-allotment of flat / plot / cancellation of bookings / contracts ?
Q.21. Can NRI/PIO avail of housing loan in rupees from his employer in India?
IV Repatriation of sale proceeds of residential / commercial property purchased by NRI / PIO Q.22. Can NRI / PIO repatriate the sale proceeds of immovable property? If so, what are the terms?
1. in foreign exchange received through normal banking channel or
Repatriation of sale proceeds of residential property purchased by NRI / PIO out of foreign exchange is restricted to not more than two such properties.
Q.23. Can an NRI/PIO repatriate the proceeds in case the sale proceed was deposited in NRO account?
Q.25. If the property was purchased from foreign inward remittance or from NRE / FCNR (B) account, can the sale proceeds of property be repatriated immediately?
Q.26. Is there any restriction on number of residential properties in respect of which sale proceeds can be repatriated by NRI / PIO?
Q.27. If the immovable property was acquired by way of gift by the NRI/PIO, can he repatriate abroad the funds from sale?
Q.28 If the immovable property was received as inheritance by the NRI/PIO can he repatriate the sale proceeds?
V. Provisions for Foreign Embassies / Diplomats / Consulate Generals Q.29. Can Foreign Embassies / Diplomats / Consulate General purchase / sell immovable property in India ?
VI. Other issues Q.30. Can NRI / PIO rent out the residential / commercial property purchased out of foreign exchange / rupee funds?
Q.31. Can a person who had bought immovable property when he was a resident, continue to hold such property even after becoming an NRI/PIO?
Q. 32. In which account can the sale proceeds of such immovable property be credited ?
Q.33. Can the sale proceeds of the immovable property referred to in Q.No. 31 be remitted abroad ?
Q.34. Can foreign nationals of non-Indian origin resident in India or outside India who had earlier acquired immovable property under FERA with specific approval of Reserve Bank continue to hold the same? Can they transfer such property?
Q.35. Is a resident in India governed by the provisions of Foreign Exchange Management (Acquisition and transfer of immovable property in India) Regulations, 2000?
Definitions
Q.37. What is meant by a person resident in India ?
Q.38. What is meant by a person resident outside India ?
Q.40. If a foreign national is a person resident in India as per the provisions of Section 2(v) (i)B of the FEMA, 1999, does he require approval of Reserve Bank to purchase any immovable property in India ?
Q.1 Who can purchase immovable property in India?
A.1 Under the general permission available, the following categories can freely purchase immovable property in India:
i) Non-Resident Indian (NRI)- that is a citizen of India resident outside India
ii) Person of Indian Origin (PIO)- that is an individual (not being a citizen of Pakistan or Bangladesh or Sri Lanka or Afghanistan or China or Iran or Nepal or Bhutan), who
2. who or either of whose father or grandfather was a citizen of India by virtue of the Constitution of India or the Citizenship Act, 1955 (57 of 1955).
Q.2. Whether NRI/PIO can acquire agricultural land/ plantation property / farm house in India?
A.2. No. Since general permission is not available to NRI/PIO to acquire agricultural land/ plantation property / farm house in India, such proposals will require specific approval of Reserve Bank and the proposals are considered in consultation with the Government of India.
Q.3. Do any documents need to be filed with Reserve Bank of India after purchase?
Q.4. How many residential / commercial properties can NRI / PIO purchase under the general permission?
A.4. There are no restrictions on the number of residential / commercial properties that can be purchased.
Q.5. Can a foreign national of non-Indian origin be a second holder to immovable property purchased by NRI / PIO?
A.5. No.
Q.6. Can a foreign national of non-Indian origin resident outside India purchase immovable property in India?
A.6. No. A foreign national of non-Indian origin, resident outside India cannot purchase any immovable property in India. But, he/she may take residential accommodation on lease provided the period of lease does not exceed five years. In such cases, there is no requirement of taking any permission of or reporting to Reserve Bank
Q.7 Can a foreign national who is a person resident in India purchase immovable property in India?
A.7. Yes, but the person concerned would have to obtain the approvals, and fulfil the requirements if any, prescribed by other authorities, such as the concerned State Government, etc However, a foreign national resident in India who is a citizen of Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal and Bhutan would require prior approval of Reserve Bank. Such requests are considered by Reserve Bank in consultation with the Government of India.
Q.8 Can an office of a foreign company purchase immovable property in India?
A.8. A foreign company which has established a Branch Office or other place of business in India, in accordance with FERA / FEMA regulations, can acquire any immovable property in India, which is necessary for or incidental to carrying on such activity. The payment for acquiring such a property should be made by way of foreign inward remittance through proper banking channel. A declaration in form IPI should be filed with Reserve Bank within ninety days from the date of acquiring the property. Such a property can also be mortgaged with an Authorised Dealer as a security for other borrowings. On winding up of the business, the sale proceeds of such property can be repatriated only with the prior approval of Reserve Bank. Further, acquisition of immovable property by entities who had set up Branch Offices in India and incorporated in Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal and Bhutan would require prior approval of Reserve Bank to acquire such immovable property. However, if the foreign company has established a Liaison Office, it can not acquire immovable property . In such cases, Liaison Offices, can take property by way of lease not exceeding 5 years.
Q.9 Whether immovable property in India can be acquired by way of gift ?
A.9. (a) Yes, NRIs and PIOs can freely acquire immovable property by way of gift either from
i) a person resident in India or
ii) an NRI or
iii) a PIO.
However, the property can only be commercial or residential. Agricultural land / plantation property / farm house in India cannot be acquired by way of gift.
(b) A foreign national of non-Indian origin resident outside India cannot acquire any immovable property in India through gift.
Q.10. Whether a non-resident can inherit immovable property in India?
A.10. Yes, a person resident outside India i.e.
i) an NRI
ii) a PIO and
iii) a foreign national of non-Indian origin can inherit and hold immovable property in India from a person who was resident in India. However, a citizen of Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal and Bhutan should seek specific approval of Reserve Bank.
A.11. A person resident outside India (i.e. NRI or PIO or foreign national of non-Indian origin) can inherit immovable property from
(a) a person resident in India.
(b) a person resident outside India
However, the person from whom the property is inherited should have acquired the same in accordance with the foreign exchange regulations applicable at that point of time.
(i) Transfer by Sale
A.12. (a) NRI can sell property in India to-
i) a person resident in India or
ii) an NRI or
iii) a PIO.
i) a person resident in India.
ii) an NRI or
iii) a PIO – with the prior approval of Reserve Bank
(c ) Foreign national of non-Indian origin including a citizen of Pakistan or Bangaladesh or Sri Lanka or Afghanistan or China or Iran or Nepal or Bhutan can sell property in India with prior approval of Reserve Bank to
i) a person resident in India
ii) an NRI
iii) a PIO
Q.13. Can an agricultural land / plantation property / farm house in India owned / held by a non-resident be sold?
A.13. (a) NRI / PIO may sell agricultural land /plantation property/farm house to a person resident in India who is a citizen of India.
(b) Foreign national of non-Indian origin resident outside India would need prior approval of Reserve Bank to sell agricultural land/plantation property/ farm house in India
(ii) Transfer by gift
A.14. Yes.
(a) NRI / PIO may gift residential / commercial property to -
(i) person resident in India or
(ii) an NRI or
(iii) PIO.
(b) foreign national of non-Indian origin needs prior approval of Reserve Bank.
Q.15. Can an NRI / PIO / Foreign national holding an agricultural land / plantation property / farm house in India gift the same?
A.15. (a) NRI / PIO can gift but only to a person resident in India who is a citizen of India.
(b) foreign national of non-Indian origin needs prior approval of Reserve Bank
Q.16. Can residential / commercial property be mortgaged?
A.16. i) NRI / PIO can mortgage to:
(a) an authorised dealer / housing finance institution in India –
without the approval of Reserve Bank.
(b) a party abroad - with prior approval of Reserve Bank.
ii) a foreign national of non-Indian origin can mortgage only with prior approval of Reserve Bank
iii) a foreign company which has established a Branch Office or other place of business in accordance with FERA/FEMA regulations has general permission to mortgage the property with an authorized dealer in India.
III. Mode of payment for purchase
A.17. Payment can be made by NRI / PIO out of
(a) funds remitted to India through normal banking channel or
(b) funds held in NRE / FCNR (B) / NRO account maintained in India
No payment can be made either by traveller’s cheque or by foreign currency notes.
No payment can be made outside India.
A.18. The amount of refund, together with interest (net of income tax) can be credited to NRE account. This is subject to condition that the original payment was made by way of inward remittance or by debit to NRE / FCNR (B) account. (Please refer to A.P. (DIR) Series Circular No. 46 dated 12.11.2002)
Q.19. Can NRI / PIO avail of loan from an authorised dealer for acquiring flat / house in India for his own residential use against the security of funds held in his NRE Fixed Deposit account / FCNR (B) account?
A.19. Yes, such loans are subject to the terms and conditions as laid down in Schedules 1 and 2 to Notification No. FEMA 5/2000-RB dated May 3, 2000 as amended from time to time. However, banks cannot grant fresh loans or renew existing loans in excess of Rupees 20 lakh against NRE and FCNR(B) deposits either to the depositors or to third parties [cf. A.P. (DIR Series) Circular No. 29 dated January 31, 2007].
Such loans can be repaid
(a) by way of inward remittance through normal banking channel or
(b) by debit to his NRE / FCNR (B) / NRO account or
(c) out of rental income from such property.
(d) by the borrower's close relatives, as defined in section 6 of the Companies Act, 1956, through their account in India by crediting the borrower's loan account.
Repatriation:
(a). In case the amount has been received from inward remittance or debit to NRE/FCNR(B)/NRO account for acquiring the property or for repayment of the loan, the principal amount can be repatriated outside India.
For this purpose, repatriation outside India means the buying or drawing of foreign exchange from an authorised dealer in India and remitting it outside India through normal banking channels or crediting it to an account denominated in foreign currency or to an account in Indian currency maintained with an authorised dealer from which it can be converted in foreign currency
(b) in case the property is acquired out of Rupee resources and/or the loan is repaid by close relatives in India ( as defined in Section 6 of the Companies Act, 1956), the amount can be credited to the NRO account of the NRI/PIO. The amount of capital gains, if any, arising out of sale of the property can also be credited to the NRO account.
NRI/PIO are also allowed by the Authorised Dealers to repatriate an amount up to USD 1 million per financial year out of the balance in the NRO account for all bonafide purposes to the satisfaction of the authorised dealers, subject to tax compliance.
Q.20. Can NRI / PIO, avail of housing loan in rupees from an authorised dealer or housing finance institution in India approved by the National Housing Bank for purchase of residential accommodation or for the purpose of repairs / renovation / improvement of residential accommodation ? How can such loan be repaid?
A.20. Yes, NRI/PIO can avail of housing loan in rupees from an Authorised Dealer or housing finance institution subject to certain terms and conditions. (Please refer to Regulation 8 of Notification No. FEMA 4/2000-RB dated 3.5.2000 and A.P. (DIR) Series Circular No. 95 dated April 26, 2003).
Such a loan can be repaid
(a) by way of inward remittance through normal banking channel or
(b) by debit to his NRE / FCNR (B) / NRO account or
(c) out of rental income from such property.
(d) by the borrower's close relatives, as defined in section 6 of the Companies Act, 1956, through their account in India by crediting the borrower's loan account.
A.21. Yes, subject to certain terms and conditions (Please refer to Regulation 8A of Notification No. FEMA 4/2000-RB dated May 3, 2000 and A.P. (DIR Series) Circular No.27 dated October 10, 2003).
A.22. NRI / PIO may repatriate the sale proceeds of immovable property in India
(a) If the property was acquired out of foreign exchange sources i.e. remitted through normal banking channels / by debit to NRE / FCNR (B) account
The amount to be repatriated should not exceed the amount paid for the property:
2. by debit to NRE account(foreign currency equivalent, as on the date of payment) or debit to FCNR (B) account.
Capital gains, if any, may be credited to the NRO account from where the NRI/PIO may repatriate an amount up to USD one million, per financial year, as discussed below.
(b) If the property was acquired out of Rupee sources, NRI or PIO may remit an amount up to USD one million, per financial year, out of the balances held in the NRO account (inclusive of sale proceeds of assets acquired by way of inheritance or settlement), for all the bonafide purposes to the satisfaction of the Authorized Dealer bank and subject to tax compliance.
A.23. From the NRO account, NRI/PIO may repatriate up to USD one million per financial year (April-March), which would also include the sale proceeds of immovable property.
Q.24. If a Rupee loan was taken by NRI/PIO from Authorised Dealer or housing finance institution for purchase of residential property can an NRI / PIO repatriate the sale proceeds of such property?
A.24. Yes, provided the loan has been subsequently repaid by remitting funds from abroad or by debit to NRE/FCNR(B) accounts (Please see A.P. (DIR) Series Circular No. 101 dated 5.5.2003)
A.25. Yes.
A.26. Yes, sale proceeds of not more than two residential properties can be repatriated.
A.27. The sale proceeds of immovable property acquired by way of gift should be credited to NRO account only. From the balance in the NRO account, NRI/PIO may remit up to USD one million, per financial year, subject to the satisfaction of Authorised Dealer and payment of applicable taxes.
A.28. Yes, general permission is available to the NRIs/PIO to repatriate the sale proceeds of the immovable property inherited from a person resident in India. NRIs/PIO may repatriate an amount not exceeding USD one million, per financial year, on production of documentary evidence in support of acquisition / inheritance of assets, an undertaking by the remitter and certificate by a Chartered Accountant in the formats prescribed by the Central Board of Direct Taxes vide their Circular No.10/2002 dated October 9, 2002. [cf. A. P. (DIR Series) Circular No.56 dated November 26, 2002].
In case of a foreign national, sale proceeds can also be repatriated even if the property is inherited from a person resident outside India. But this is allowed only with prior approval of Reserve Bank. The foreign national has to approach Reserve Bank with documentary evidence in support of inheritance of the immovable property and the undertaking and the C.A. Certificate as mentioned above.
The general permission for repatriation of sale proceeds of immovable property is not available to a citizen of Pakistan, Bangladesh, Sri Lanka, China, Afghanistan and Iran and he has to seek specific approval of Reserve Bank.
As FEMA specifically permits transactions only in Indian Rupees with citizens of Nepal and Bhutan, the question of repatriation of the sale proceeds in foreign exchange to Nepal and Bhutan would not arise.
A.29. Yes, Foreign Embassies / Diplomats / Consulate Generals can purchase and sell any immovable property other than agricultural land / plantation property / farm house in India with prior clearance from the Government of India, Ministry of External Affairs. The payment should be made by foreign inward remittance through normal banking channel.
A.30. Yes, NRI/PIO can rent out the property without the approval of the Reserve Bank. Rent received can be credited to NRO / NRE account or remitted abroad. Powers have been delegated to the Authorised Dealers to allow repatriation of current income like rent, dividend, pension, interest, etc. of NRIs/PIO who do not maintain an NRO account in India based on an appropriate certification by a Chartered Accountant, certifying that the amount proposed to be remitted is eligible for remittance and that applicable taxes have been paid/provided for.[cf. A.P. (DIR Series) Circular No. 45 dated May 14, 2002].
A. 31. Yes, he can continue to hold the residential / commercial property / agricultural land/ plantation property / farm house in India without the approval of the Reserve Bank.
A.32. The sale proceeds may be credited to NRO account.
A.33. Yes, provided the amount to be remitted does not exceed USD one million per financial year, for all bonafide purposes to the satisfaction of Authorised Dealers and subject to tax compliance.
A.34. Yes, they may continue to hold the immovable property. However, they can transfer the property only with the prior approval of Reserve Bank.
A.35. A person resident in India who is a citizen of Pakistan or Bangladesh or Sri Lanka or Afghanistan or China or Iran or Nepal or Bhutan is governed by the provisions of Foreign Exchange Management (Acquisition and Transfer of Immovable Property in India) Regulations, 2000 ie. he would require prior approval of Reserve Bank for acquisition and transfer of immovable property in India even though he is resident in India. Such requests are considered by Reserve Bank in consultation with the Government in India
Q.36.Where are the terms a `person resident in India' and a `person resident outside India' defined ?
A.36. Section 2 (v) and Section 2 (w) of the FEMA, 1999 defines `person resident in India' and a `person resident outside India' respectively.
A.37. Under FEMA, a person resident in India is defined as a person residing in India for more than one hundred and eighty-two days during the course of the preceding financial year (April-March) and who has come to or stays in India either for taking up employment, carrying on business or vocation in India or for any other purpose, that would indicate his intention to stay in India for an uncertain period. In other words, to be treated as `a person resident in India' under FEMA, a person has not only to satisfy the condition of the period of stay (being more than 182 days during the course of the preceding financial year) but has also to comply with the condition of the purpose / intention of stay.
A.38. The Act defines a 'a person resident outside India' as a person who is not a person resident in India' (As defined in Q.No. 37 above)
Q.39. Who can determine whether a person is resident in India or not?
A.39. Reserve Bank does not determine the residential status. Under FEMA, residential status is determined by operation of law. The onus is on an individual to prove his / her residential status, if questioned by any authority.
A.40 A foreign national resident in India does not require approval from Reserve Bank from FEMA angle, but approvals if any required in terms of regulations prescribed by other authorities such as the concerned State Government etc. will have to be obtained by him / her. However, a foreign national resident in India who is a citizen of Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal and Bhutan requires specific prior approval of Reserve Bank.
Home Loans
CREDAI Kochi works in close association with the banks and financial institutions. The quality maintained by the members of CREDAI Kochi has earned the acceptance of banks to grant loans to any of the CREDAI Kochi approved projects. The relationship is fruitful for the builder as well as the customer. Most of the major financial institutions like HDFC, ICICI, LIC Housing, GIC Housing, SBI Housing and others are providing various loan schemes ideal for your needs. Their salient features are:
Confederation of Real Estate Developers’ Associations of India - Kochi Member Directory
