Regulating independent floors under Punjab MC areas
BUILDING VIOLATIONS Realtors get a project approved by showing it as plotted development but subsequently construct group housing (G+3 floors) projects
With affordability becoming the key to step up sales in the state’s housing sector, the popularity of independent floor segments with developers and home buyers has steadily increased.
This is particularly the case in periphery areas such as Zirakpur and Kharar, where floor prices start from ₹15 lakh.
But the supply expansion in the segment has come at the cost of developers flouting municipal building rules.
Earlier this month, the Punjab real estate regulatory authority (PRERA) in a letter to the local government department highlighted how developers are indulging in irregularities while constructing and selling independent floors.
Developers get a project approved from the local authority by showing the proposed development as a plotted development.
“However, subsequently building plans for putting up a Group Housing (ground plus three floors) projects on these plots are sanctioned by the municipal authority. This seems to be disturbing the planned development efforts,” the authority letter had stated.
Builders are getting their plans sanctioned for a row of contiguous units by showing each as a separate unit where as in reality, they are part of a large housing project.
Punjab real estate regulatory authority, in the letter, asked the local bodies to maintain stricter scrutiny before granting statutory approvals and curb such practices.
While constructing floors, developers get their building plans approved for ordinary houses but then construct and sell these as independent floors.
The authority had highlighted how municipalities are approving building plans without taking into consideration the layout plans.
FLOOR AND BUILDING RULES
Under the municipal building rules, 2010, the floors were not defined as a separate category. The development control regulations (DCR), which define different mandatory parameters for construction of plotted houses, were exploited by developers to construct floors while getting approvals for houses.
After eight years, with the notification of the new municipal building rules (MBR), 2018, these loopholes have finally been removed. MBR, 2018, now define the independent floor as a separate category. The ground coverage, parking standards, maximum height, minimum road width have been defined in the building rules 2018.
As per the MBR, 2018, in case of floors, plots have to be in a block of row housing and earmarked for independent floors in the layout plan or zoning plan. No individual plot in any block, which is not earmarked in the layout plan or zoning plan for independent floors, can be allowed to be constructed as an independent floor unless the building is detached and has a minimum plot area of 800 sq m.
The current practice, as highlighted by the PRERA, is developers constructing floors without getting layout plan or zoning plan for floor approved. Now, with the new MBR in place, both develop- ers and municipalities will have to ensure that layout plans must specify the location and area of floors to be constructed. Also, the approval of layout plans will be a prerequisite for getting approval of the floor building plans.
While currently, floors disguised as plotted houses, either don’t have provisions for parking or developers illegally construct stilt parking. Now, developers, as per MBR 2018, must provide stilt parking with floors. These must be part of the building plans submitted for approvals. However, in case the plot for floors has an area less than 800 sq m, the parking under stilts is optional, provided that the promoter provides surface/ basement parking as per norms within the plot.
Common staircase or common elevator is permissible for a maximum of two plots subject to the condition that the minimum clear width of staircases shall be 1,250 mm. In the absence of any definitive rules for floors before 2018, all the floors constructed in municipal areas were illegal.
PUNJAB’S ONE-TIME SETTLEMENT POLICY
Earlier this month, the Punjab cabinet gave go ahead for bringing one-time settlement scheme for non-compounding building violations in municipal areas. After this policy is notified by the state government, floors constructed without proper approvals can also come under the ambit of legal constructions.
The state government can also earn sizable revenue by regularising floors, particularly, in areas such as Zirakpur and Kharar. Developers and owners of floors will have to bring the already constructed floors in consonance with the MBR, 2018.
AS PER NEW BUILDING RULES, APPROVAL OF LAYOUT PLANS WILL BE A PREREQUISITE FOR GETTING APPROVAL OF THE FLOOR BUILDING PLANS