Property, Real Estate and Law

Property, Real Estate and Law

Chapter XVI of the Delhi Municipal Corporation Act, 1957 contains regulatory provisions for erection/ re-erection of buildings. 

The provisions of the DD Act and the Rules and Regulations framed thereunder which would include the Master Plan and Building Bye-laws would have effect, notwithstanding anything to the contrary in any other law. In exercise of the powers conferred under sub-section (1) of Section 57 of the DD Act, the DDA made the Unified Building Bye-laws for Delhi, 2016, which became applicable to National Capital of Territory of Delhi. The Bye-laws of 1983 stood superseded by the Unified Building Bye-laws for Delhi, 2016.

The Delhi Fire Service Act 2007 was enacted by the Legislative Assembly of the National Capital Territory of Delhi, to provide for maintenance of a fire service and to make more effective provisions for fire prevention and fire safety measures in certain buildings and premises in the National Capital Territory of Delhi and matters connected therewith.

Clause 1.7.2 of the Unified Building Bye-laws prohibits the erection, addition or alteration of a building, without obtaining a separate building permit from the Sanctioning Authority. As per Clause 8.0 of the Unified Building Bye-laws, any building of 15m and above is to be considered as a high rise building.

The provisions of Part 4 of the National Building Code of India relating to fire and life safety requirements applies to all high rise buildings and special buildings specified in clause 1.2(b) of Part 4 of the National Building Code of India. The requirements have no application to residential buildings which are not high rise buildings.

Sub-section (s) of Section 2 of the Delhi Fire Service Act defines multi-storeyed buildings to mean a building of such minimum height as may be prescribed under the Rules in this behalf and notified to the Director by the local authority. Local authority has been defined in subsection Q to include the DDA, the Municipal Corporation of Delhi established under the Delhi Municipal Corporation Act, 1957 or any other authority as might be notified by the Central Government or the Government, as the case may be. SDMC is a local authority contemplated in sub-Section (q) of Section 2 of the Delhi Fire Service Act. 

In any case, in view of Section 53 and 53A of the DD Act, the Master Plan and the Building Rules, Regulations and Building Bye-laws under the DD Act would prevail in case of inconsistency with any other Rules or Regulations. 

Residential buildings (other than hotels and guest houses), having height above 15 meters or having ground plus four upper storeys, including Mezzanine floors are deemed to cause risk of fire. 

In view of the Master Plan read with building bye-laws, high rise building/multi-storeyed building would mean a building taller than 15 meter without stilt or 17.5 metre with stilt. 

A building which is not a high rise building as per the applicable rules or regulation cannot be compelled to comply with fire prevention and fire safety regulations applicable to high rise buildings. 

Refer Vikas Singh v. State of NCTD [2022] GCtR 1993 (SC)