It is a regulatory requirement to position a building at a specific distance away from a public road, street, property lines or other structures. However, most of us are unaware of the significance of setback while constructing houses or buildings, making it difficult to adhere to the standard measurements prescribed by building guidelines. As a result, the local self-government authorities reject approval when you approach them for occupancy rights after the construction. Two important factors have to be considered while leaving the setback during construction.
The first factor to be considered is the building line that dictates minimum distance a building must be setback from the property boundary. The building line will differ as per the significance of the street or the road. Rule 23 of Kerala Panchayat or Municipal Building Rules, 2019, states street and building that the “minimum distance between plot boundary abutting the street and building, other than a compound wall, beside national highways, state highway, district roads, roads notified by Panchayat and other roads with width of 6 metres and above should be 3m; meanwhile, other unnotified roads with width less than 6 metres must be 2m.”
Wells, septic tanks or any other forms of construction too aren’t allowed within the 3 metres. Moreover, in the case of “lanes not exceeding 75 m length leading to one or more individual plots it shall be sufficient if the distance between the plot boundary abutting the lane and the building is 1.5 m.”
It would be ideal to draw a line on the plot marking the measurements so that the building wouldn’t be constructed beyond the required setback.
Secondly, the act describes the measurements and setbacks that need to be ensured in the exterior and interior open-air spaces. Section 26 of the Act prescribes front yards, courtyards or other open-air spaces that are proportionate to the area of the building.
Houses or buildings under A1 category requires 3 metres in the front, 1.5 metres in rear and 1 meter on each side as yards, irrespective of the presence of road. These measurements are applicable not just for single houses, but for quarters that include more than one house and apartment complexes too.
For buildings above 10 metres in height, for every additional 3 metres, there should be an increase in the width of the yard by 50 cm. While constructing buildings on smaller plots like 3 cents or 125 square metres, the front yard must be 1.8 cm, the back yard should be and the space on the sides must be 60 cm each.
In case the building doesn’t have open – spaces and abuts another plot, then the setback could be reduced to 50 cm; the permission of the owner of that plot is not required for this. With the permission of the owner in writing, the building could be constructed with its side or rear yard or both sides, close to the boundary of his plot. However, there shouldn’t be open – spaces and the height of the building shouldn’t exceed 7 metres.
The next rule is regarding the positioning of the windows and doors in a building. The rule states, “No door or window shall be permitted if the open space on that portion is less than 1 metre.’’ However, ventilators are allowed at a height of 7 metres from the ground, if there is an open – space up to 60 cm. In plots less than 125 square metres, windows are allowed on the side with open-space of 60 cm; however, doors aren’t allowed here.
In many cases, those who claim themselves to be engineers aren’t able to correctly determine the legally required setback and prepare the plan by mistaking the open – space for the measurement of the front yard. The owners of such buildings often have to face problems as it is tantamount to violation of rules.
There are no relaxations for the required setback on the portion that abuts the road. For instance, if the rear yard of your house abuts a district road, a setback of at least 3 metres from the road should be ensured, even if 1 metre is enough for rear yards.
