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.
– 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.

Building 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 utilization of your available space minimizing 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.

All You Need to Know About Building Bye Laws

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Building a house of your own is everyone’s dream. It is a simple thing to draw up a plan of your dream house, but constructing it is an entirely different game. In order to get the green signal to start construction, you need to ensure that your house plan follows the building-bye-laws of the locality. These laws are a set of rules and regulations drawn up by the government of every country, to assure a systematic and disciplined growth of the town or city.

Without these laws, people will tend to construct buildings any which way, leading to haphazard development and confusion in the future. Following these laws will also ensure the maximum utilisation of available space and safety of the people living in and around the house.

It is to be noted that building by-laws are unique to every region. What may be applicable in a village may not be practical or possible in the city. So, before you draw up a blueprint for your dream home, make a study of the building by-laws applicable in your region. (When you partner with Prithu Homes to make your dream home all of these by-laws are handled by the compliance team and the entire process is made hassle free for you) For your reference, we have compiled a list of the general points covered in the building bye laws.

Floor Area Ratio (FAR) or Floor Space Index (FSI)

Every city has a limited capacity in terms of resources and infrastructure. In order to avoid additional stress beyond the capacity of the city, a Floor Area Ratio (FAR) is calculated. It is also termed as Floor Space Ratio (FSR) or Floor Space Index (FSI). It is simply formulated as the ratio of total covered area (actual area) of all the floors to the total plot area.

FAR = Total area of all floors/ Plot Area

Permissible FAR and Maximum Height as defined by HUDA (Haryana Urban Development Authority)

Area of Site / Category of Plot Maximum Permissible FAR
1 Marla = 25 Sq. Yards

1 Kanal = 20 Marla

6 Marla 2.64
10 Marla 2.64
14 Marla 2.40
1 Kanal 2.40
2 Kanal 2.40

Suppose the builder has got a plot of 1,000 sq m and the permissible FAR, according to development plans is 2.4. He is allowed to construct a building on 2,400 sq m of this plot. It is the ratio of the total floor area of the building compared with the total plot area.

The FAR for every building will differ depending upon its usage, type of construction, the locality and its population, the width and traffic on the street in front, parking facilities, water and drainage facilities, and local fire fighting facilities.

Ground Coverage

The total area covered by the building on the ground floor is known as ground coverage. Keep in mind, if you are constructing a basement, it should not exceed the ground coverage area. Based on restrictions of height and FAR, the ground coverage can be adjusted to get maximum usage of the plot.

The ground coverage area is calculated by dividing the building area with the total plot area. Building area means the floor space of a building when looking down at it from top.

Building Coverage Ratio (BCR) = Building Area / Site Area

Setbacks

A building setback is the open space between the building and the property boundary or lot line. We can construct the house only up to the setback line. This again varies for different types of buildings. For example, a stand-alone building must have more front open space than a row-type building. The setback line is applicable not just in the front, but also around the entire building. The total plot area is another determining factor for the setback line.

Height Restrictions

The height of a building is the vertical distance between the average level of the ground and the topmost point of the building. Remember, if there is a basement to your house, it will not be considered in height measurement. Depending upon the locality and your FAR, there will be a maximum limit to how tall you can construct your house. This is mainly done to ensure your safety; for example, in case there is an airport or high electricity transmission lines in the neighborhood.

As per HUDA (Haryana Urban Development Authority):

Maximum permissible height with a stilt floor is 15 meters from road level.

The basement is the lower storey of a building, constructed below or partly below the ground. Depending upon the locality, there is a restriction to the height of the basement, projected above the average ground level. If the house is built on stilts, the allowed height will again depend upon the locality.

You can calculate FAR in Delhi, Gurgaon, Faridabad, Noida and Greater Noida by visiting our FAR Calculator pages.

To get all of this done hassle free in Delhi NCR, contact our experts on +919599818105 or schedule your free consultation by visiting our contact us.