Constructing Or Reconstructing A Property In Delhi? Here's The Legal Way To Do It

Building safety is of prime importance when constructing or reconstructing a property. However, according to a recent public interest litigation (PIL) , 90 per cent of buildings in Delhi have flouted safety norms. The PIL also suggested that there are over 1,700 colonies in the national capital that have illegal construction and settlement. The petitioner, Arpit Bhargava argued that stakeholders have not paid heed to the NCT of Delhi Laws (Special Provisions) Second Act, 2011 and the National Building Code, 2005 and other related laws, which has led to such constructions citywide.

Developing a new property or reconstructing an existing one, the city witnesses continuous development work. However, many residents are seen to have construct beyond the set limits – extension of verandah, taking in some area of the road for a parking space, or an extra floor. In all such cases, the authority needs to sanction your construction. Reconstruction of a property becomes necessary after a few years, adhering to the rules is equally important while doing so.

PropGuide lists things, according to the Unified Building Bye Laws for Delhi 2016, you need to keep in mind when undertaking a construction or reconstruction in Delhi.

Development permission

No person can carry out any development or redevelopment, including sub-division on any plot or land (not forming part of any approved layout plan or scheme) or cause to be done without obtaining an approval from the Authority/concerned local body for the layout plan.

Building permit

According to the law, it is illegal to construct or re-construct or make addition/alterations in any building without obtaining a separate building permit for each such building from the Authority. However, no notice and building permit is required for alterations which do not otherwise violate any provisions.

*Plastering/cladding and patch repairs, except for the heritage buildings where Heritage Conservation Committee's permission is required

*Re-roofing or renewal of roof including roof of intermediate floor at the same height

*Flooring and re-flooring

*Opening and closing windows, ventilators and doors opening within the owner's plot. No opening towards other's property/ public property will be permitted.

*Rehabilitation/repair of fallen bricks, stones, pillars, beams etc.

*Construction or re-construction of sunshade not more than 75 cm in width within one's own land and not overhanging over a public street

*Construction or re-construction of parapet and construction or reconstruction of boundary walls as permissible under bye-laws

*Whitewashing, painting etc. including the erection of false ceiling in any floor at the permissible clear height provided the false ceiling in no way can be put to use as a loft /mezzanine etc.

*Erection or re-erection of internal partitions provided the same is within the preview of the Bye-laws.

*For the erection of lifts in existing buildings in residential plotted development (low –rise) . Change/Installation/ re-arranging/relocating of fixture/s or equipment/s without hindering other's property/public property shall be permitted.

*Landscaping

*Public art, Public washroom, security room, Bank ATM, up to a maximum area of 9.0 sq mt only (permitted in setback area, provided it does not obstruct fire vehicles movement) in the plot more than 3,000 sq mt.

*Placing a portacabin up to 4.5 square metre or sqm within the plotline subject to free fire tender movement.

The sanction received for any of these developments come with a validity of five years from the date of issuance. In case you wish to revalidate, the process needs to be done before the five-year period expires. Revalidation, however, is subjected to the Master Plan for Delhi/Zonal Plan Regulations and Building Bye-laws applicable at the time of original sanction.

Also note:

*No building activity can be carried out after the expiry of the validity of such building permit. The owner should apply for completion/occupancy certificate within five working days of the expiry of the validity period.

*In case of false declarations or misrepresentation, the building permit can be revoked, too.

Reconstruction

The reconstruction of the property in case of an unforeseen circumstance, including fire, natural collapse or demolition having been declared unsafe, or is likely to be demolished by or under an order of the Authority and for which the necessary certificate has been given by the authority shall be allowed subject to these Bye-Laws.

Who should be intimated during construction?

*The owner has to give a copy of the sanctioned plan at the site during the construction of the building.

*When the plinth is constructed, the owner through his architect/engineer/supervisor, in the proforma, should inform the sanctioning authority/concerned local body to enable the authority/ concerned local body to ensure that work conforms to the sanctioned building plans and building bye-laws.