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 these building violations or turn a blind eye to it, seeing only what they perceive as the immediate monetary and space benefit, and don't pay much heed to  Delhi building bye-laws and Haryana building bye-laws, etc. However, one must realise that bye-laws are developed first and foremost for the safety of the inhabitants 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 the bye-laws.

• Using the 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 for residential buildings compromise the safety standards and put their 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 building 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.

Read more: All You Need to Know About Building Bye Laws

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, making them liable for building plan violation fines. 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 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 come 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, be it Delhi bye-laws, or any other, to ensure a safe and hassle-free home for you and your loved ones.