Seeking advice regarding fire noc + stilt parking issue
I have given advance to a flat which is having Occupancy Certificate (OC) and located in Varthur, Bangalore under BBMP limits.
This apartment is having total five floors. The OC Wordings for the five floors goes like this “The residential apartment consisting of Stilt + GF + 3 Floors”.
This building is not having Fire NOC and the builder saying it’s not required as its GF + 3 Floors. But if you go behind height of one floor at least as 3.1 meter also, the total height of the building comes to 15.5 meter.
Bangalore Mahanagara Palike Building Bye-Laws 2003 says the below requirements for Fire & Parking:
“FIRE SAFETY REQUIREMENTS
23.1 Buildings shall be planned, designed and constructed to ensure adequate fire safety to the property and inhabitants and this shall be carried out, in accordance with Part IV Fire Protection of the National Building Code of India. The firefighting requirements, arrangements and installations required in building shall also conform to the provisions of Part IV Fire Protection of National Building Code of India.
23.1.1. For buildings with ground floor + four floors and above (or height of 15 mtrs and above), clearance of the Director of Fire Services shall be obtained regarding the Fire Protection Provision in building”.
Parking to be allowed on stilts should not be considered as a separate floor and the same shall be exempted from computing the height of the building provided the total height of the building does not exceed 15.00 Mtrs.”
1. Does this building really require Fire NOC from Fire Service Department?
2. As the building height is more than 15 meter, stilt should be considered as one floor or not?
3. How come BBMP issued OC in the absence of Fire NOC?
4. If I go ahead and purchase this flat which is not having Fire NOC, what all are the implications, I may face as a buyer in future? Cause the builder will be move away after selling all the flats and later on association will be formed.
5. The building is not having fire infrastructures like Hose Reel, Down Comer, Manually Operated Electric Fire Alarm Systems & Terrace Tank with 25000 litres capacity specifically for firefighting purpose as required by National Building Code of India. Can the Fire Department in future come and give the building a notice asking to build all these? If such thing happened who will be responsible for building it? The association or the builder?
6. I read about the builder not having right to take extra money on account of stilt car parking. My builder charging me 2 lac for the car parking only. Can I quote the SC verdict in 2010 (Nahalchand Laloochand P.Ltd vs Panchali Co-Op.Hng.Sty.Ltd on 31 August, 2010) to the builder and ask for reducing this amount? If he not accepting, what to do?
Hope to get the views and advices from the forum members.
Thanks & Regards,
Dipil Kumar Vasu