The Hindu : Kerala News : Development curbs in heritage zones

Online edition of India's National Newspaper
Sunday, Mar 06, 2005

Kerala

Kerala

Development curbs in heritage zones

By T.Nandakumar

THIRUVANANTHAPURAM, MARCH. 5. A heritage mansion with its expansive rooms, ornate structures and sprawling premises may be a proud possession, but the burden of maintenance is enough to deter even the most committed owner. But heritage-lovers can now take heart.

The Government is preparing to unveil a two-pronged strategy to promote the conservation of heritage buildings and precincts in the State through a coordinated approach involving local bodies and the Town Planning Department. The strategy includes a package of incentives for owners of heritage structures, and strict controls on the development and reconstruction of the buildings.

A set of regulations reflecting the new approach is awaiting final clearance. The rules will be implemented by the Art and Heritage Commission chaired by the Urban Development Secretary.

The Commission is empowered to list heritage structures, impose development control and initiate action against violation of rules. The Town Planning Department will be the enforcement machinery for the Commission, it is learnt.

The rules propose the preparation of town planning schemes for heritage zones. Any land development within the zone, including road widening, will require the Commission's approval.

Tax subsidy

One of the major incentives on the anvil is a subsidy on property tax for listed heritage buildings.

While heritage grade 1 buildings will enjoy total tax exemption, the subsidy for grade 2 and 3 buildings has been fixed at 50 per cent and 25 per cent of the tax respectively.

The rules empower local bodies to provide Transferable Development Rights to compensate the owner of a heritage building who has been denied permission to reconstruct or develop the structure. The owner can use the rights certificate to claim exemption from building rules in another plot.

Owners will be permitted to convert the building or its portions for commercial or institutional purposes if they agree to preserve and restore the structure.

Corpus fund

The rules specify the creation of a Heritage Conservation Fund with contributions from local bodies, financial institutions, budget allocations, national and international funding agencies, Planning Commission and the National Culture Fund.

Local bodies will collect a surcharge of five per cent on property tax as their contribution to the fund. Fifty per cent of the collected amount will be utilised by the local bodies for the conservation of heritage structures while the balance will be routed to the common fund.

Five per cent of the building tax collected by the Government will also be transferred to the fund.

The draft rules propose strict building regulations in heritage zones to maintain the skyline and ensure architectural harmony.

The Commission will prescribe guidelines for outdoor displays and street furniture in the designated zones.

Action against offence

The rules spell out stern action against any effort to spoil the heritage character of a listed building or its precincts. Unauthorised construction will invite a fine to be remitted to the Government Treasury. The owner will be required to restore the building to the original situation or incur the restoration cost. Offenders will face revenue recovery proceedings by the Commission and even imprisonment under the Archaeological Sites and Remains Act.

The Heritage Commission was set up under the Kerala Municipality Building Rules, 1999 to identify heritage zones and advise the Government on preparing model plans to ensure architectural uniformity in these areas.

The heritage zones listed by the Commission include the Fort area and environs and the Karamana Agraharam in Thiruvananthapuram, the Canal area in Alappuzha district, Thazhathangady in Kottayam, the Thrippunithura palace and the Fort Kochi-Mattancherry area in Ernakulam and the Kalpathy gramom, Palakkad.

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