Which property construction rules are mandatory in India?

A house in Mirzapur, Uttar Pradesh, is currently making headlines. This is because the design of this house is quite similar to Anyilia, the residence of Asia’s richest person, Mukesh Ambani. Siyaram Patel from Mirzapur gained attention by constructing a 14-story building without permission. People in the vicinity are worried that this house might collapse like a house of cards during natural calaities like a storm. The question is permission required to construct a house or not? If yes, then where does one obtain this permission from? What factors should be considered while construction a house?

In India, land is categorized into two types: agricultural and non-agricultural. Therefore, before purchasing land for a house, determine which category the land falls into. However, having non-agricultural land does not necessarily mean you can build a house on it. In fact, non-agricultural land encompasses several categories, such as residential, commercial, warehousing, IT parks, and more. Only if the non-agricultural land is designated for residential use can a house be built on it.

Agricultural land, meaning land used for farming, cannot have houses built on it directly. To construct a house on such land, it is necessary to undergo a process called conversion. Conversion is only possible when the government or local authority grants permission for it. Without this conversion, building a house on agricultural land can result in its demolition at any time. For conversion, you are required to pay a fee or charge.

Before constructing a house, it’s important to consider the Floor Area Ratio (FAR) of the plot. FAR helps determine the total coverage area of a house, including different floor levels. It takes into account the area of each floor. The government or local authority sets the Floor Area Ratio. FAR can vary not only between different states and cities but also within different neighborhoods. In some cases, Floor Space Index (FSI) is used in place of FAR to calculate the permissible built-up area.

For example, if the plot area is 1,000 square feet and the Floor Area Ratio (FAR) is 2.00, it means that when you add up the areas of all the floors, you can construct a maximum of 2,000 square feet of covered area. However, having a covered area of 2,000 square feet doesn’t necessarily mean you can build two floors each covering 1,000 square feet, as there are other regulations to consider within the building code. Setbacks, ground coverage, parking requirements, and height limitations are among the additional rules you must adhere to.

The Floor Area Ratio (FAR) can also be expressed as a percentage. For instance, if the FAR is 200%, it means the Floor Area Ratio is 2.00. In the Haryana Building Code, the FAR for residential plots ranges from 100% to 220%. On the other hand, according to the Uttar Pradesh Building Bye Laws, the FAR varies from 1.25 to 2.00.

A certain amount of space needs to be left between the plot and the building, whether in the front, back, or sides. This space is known as a setback area. Similarly, when constructing on the ground floor of a plot, it’s important to consider the Ground Coverage, which determines how much area can be used for construction. For example, if a residential plot has an area of 1,000 square feet and the ground coverage is 85%, then a house can be built on 850 square feet of space at the ground level. Adequate space for parking also needs to be allocated. There are regulations regarding the height of the house as well. Specific arrangements need to be made for constructing near high tension lines or around airports due to safety concerns.

Most people are unaware of these regulations and start building houses without proper knowledge. To construct a house, you will need an authority-registered architect or structural engineer. They create the house plan while considering your needs and all the regulations. This plan includes structural and floor layouts, covering aspects like the covered area of the house, pillars, beams, parking spaces, room numbers, kitchen, dimensions, and height of the roof, among other details. This plan must be approved by the local municipal authority, which often involves paying a fee. In many states, there’s a provision for obtaining building plan approvals online as well.

The charge for getting a plan approved is often high, which leads many people to avoid getting their plans approved. Sometimes, plans are approved but the house isn’t built according to those approved plans. This discrepancy can cause local municipal authorities to halt construction work. Even several years after building a house, you might receive notices for not complying with approved plans.

Once a plan is approved, you cannot deviate from it during construction. Therefore, avoid rushing through the planning process and take your time to carefully consider your options. After building the house, you need to obtain a completion certificate from the local municipal authority. This certificate is granted based on the building plan, and you receive it upon completing the construction of the house according to the approved plan.

Siyaram Patel and Gaurav’s uncle overlooked the rules when building their house, but don’t make the same mistake. Before purchasing land, examine the documents related to property registration. Ensure you get your house plan approved before construction and stick to the approved plan during construction. Otherwise, trying to save a little money might lead to significant losses. It’s advisable to consult a civil engineer to ensure the construction is done correctly, maintaining the strength and stability of the house.