According to the regulations of the National Building Code or building by-laws, a basement can be used only as a storage, dark room, bank cellar, parking space or to keep equipment requiring constant air conditioning. According to the building bylaws, kitchen, bathroom and toilet are also not allowed in a basement, unless the sewer levels permit the same and there is no chance of back flow and flooding of the sewerage.
Lower ground floor - Delhi
Hi I am a resident of Punjabi Bagh Delhi . For the past 25 years i am living here .My Flat is in the lower ground floor Recently one of MCD official visited our Flatand informed that Lower ground floor/Basement can only be used for Storgage purposed and not for residential puurposes and we along with the other residents in the basements with recieve at Notice.This was fueled by some one who lives in the same appartment and filed a complaint against the basement residents .The flat is half above the ground and half below the ground We bought this flat 25 Years ago from the Reputed Essel Group .Want to understand what can be done in this case and is there any such law that states that Lower ground floors cannot be used for residential purposes.And if its illegal what are the options do we have incase such a notice is served.
Asked 7 years ago in Property Law
Religion: Hindu
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4 Answers
1.The objection of the MCD must be based on some specific Rules/Regulations of the Municipality Act.
2.If yes then it has to be checked whether the same is applicable to you.
3. I may inform that building rules and regulations differs from state to state.
4. Anyway it is advisable that you consult some local lawyer who deals with Municipality netters and accordingly take future course of action.
5. In general the notice of MCD can be challenged in High Court under writ jusridcition.
Basement or cellar means the lower storey of a building below or partly below the ground level.
it is legal to use residential property for commercial purpose, provided that, the prior permission of Municipal authorities of that area should be taken and if the professional is a tenant then landlord’s permission is required.
Any activity relating to the purchase and sale of goods is called a commercial activity. The work done by professionals involves element of service and is not a commercial activity. Hence, it is not illegal.
According to the National Building Code regulations or building by-laws, a basement can be used only for the purpose of storage, dark room, bank cellar, or parking space. Kitchens, bathrooms and toilets are also not allowed in a basement, unless the sewer levels permit the same.
If you own a house on an independent plot, you cannot exceed the permissible floor area ratio (FAR), which denotes how much (according to the development plans and zoning laws of individual states) area you are allowed to construct on a given plot size.
Under the building by-laws for storage and parking, basement space cannot be a part of FAR.
Basement space cannot be used for residential purposes.
You have to give a reply notice based on the advice of your advocate accordingly.
You need to consult a Delhi based lawyer for this as the laws and bye laws are not uniform across India. Unless there is a specific law/byelaw in this regard passed by the competent legislature there can be no such embargo. If you have received notices from MCD then you may file a suit for permanent injunction against it to preempt any coercive action including attachment of the property.
