VIOLATION OF BUILDING BYE-LAWS FOR SHORT-TERM GAINS

VIOLATION OF BUILDING BYE-LAWS FOR SHORT-TERM GAINS

With land being at such a premium, it has become common practice for builder floor home constructions around Delhi and Gurgaon to violate some building bye-laws to allow for more coverage to increase the selling price. Most clients are either unaware of this or turn a blind eye to it seeing only what they perceive as the immediate monetary and space benefit. However, one must realise, that bye-laws are developed first and foremost for the safety of the inhabitant and the city.

Some areas where builders and contractors typically violate bye-laws:

  • Ignoring setbacks to increase plot coverage or basement size
  • 4 inch outer walls instead of the 9 inch mandate
  • Providing elevator access to terrace level against recommendations
  • Shaft dimensions lesser than that stipulated in bye-laws
  • Using of basement or stilt level for unauthorised office spaces, servant’s quarters and other habitable spaces

 

Bye-laws are designed to safeguard the occupants from hazards like fire, flooding, earthquakes, poor light, ventilation, indoor air quality and so on. Violations of these bye-laws compromise the building’s safety standards and put its occupants at risk. We must also realise, some rules like minimum balcony width of five feet and minimum ventilation shaft dimensions are for improving the quality of the space for the user. The bye-laws are not unreasonable – recent revisions in the Delhi bye-laws have allowed bathrooms on stilt and terrace levels to meet utility needs. A good design is always the better solution – it will ensure the best utilisation of your available space minimising negative spaces like long corridors and poorly lit rooms.

While ignorance of bye-laws definitely puts the occupants of the building at risk, it also creates other problems. Many of these buildings do not get a completion certificate as the completed building is different from the sanctioned building. This creates problems as potential buyers of builder floor home constructions do not want the litigation problems that could arise out of purchase of such properties.  Reselling in the future also becomes a hassle for the same reasons. Sometimes completion certificates are acquired by means of hefty bribes but there too there is no guarantee of peace of mind.

At the end of the day, the risks associated with violation of bye-laws are too great a gamble for some extra benefits that comes hand-in-hand with legal troubles. As a property owner of a collaboration project, clean properties complying with the bye-laws give you both peace of mind and a better premium than a property with possible litigation issues. Any legal issues post-completion will be faced by you and not the builder. So think long-term and always opt for builders like Prithu that will give you the best designs within the framework of the building bye-laws to ensure a safe and hassle-free home for you and your loved ones.

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