LawRato

Balcony rules for apartment buildings as per society laws


14-Jun-2024 (In Landlord/Tenant Law)
The are of my flat in the agreement is mentioned as carpet area including the balconies. I want to know the rules regarding enclosure of balconies and whether it is permissible as per the socoety bye-laws. is covering balcony illegal ?
Answers (2)

Answer #1
121 votes

As per the Delhi Development Authority (DDA) rules, the enclosure of balconies in residential societies is generally not allowed without obtaining prior approval from the concerned authorities. The guidelines for the same are as follows:

  1. Balconies cannot be completely enclosed: The DDA rules stipulate that balconies cannot be completely enclosed or converted into a room. However, they can be partially enclosed using suitable materials and methods that ensure the safety of the occupants.

  2. Approval from authorities: If you wish to enclose your balcony partially, you need to obtain approval from the local authorities, such as the Municipal Corporation of Delhi (MCD), the Delhi Fire Services, and the DDA.

  3. Compliance with building codes: Any enclosure must comply with the building codes and safety norms set by the authorities. The enclosure must not obstruct the ingress and egress of natural light and ventilation, as this may violate the building codes.

  4. No violation of laws: The enclosure of balconies should not result in any violation of laws, regulations or any structural changes that may adversely impact the structural integrity of the building or the society.

It is important to note that the guidelines for balcony enclosures may vary from society to society, and it is advisable to check the specific bylaws and regulations of your society before proceeding with any kind of balcony enclosure.

Helpful? LawRato LawRato
Answer #2
815 votes
As you have not mentioned which society bye-laws you are referring to, I am providing details regarding DDA Permissible Additions/Alterations in DDA Flats. The Delhi Development Authority (DDA) has framed a comprehensive policy and procedure for allowing additions/alterations and additional covered areas in DDA flats, which has been approved by the Government of India.
Under this policy, the following additions/alterations in DDA-constructed flats are condonable, meaning no action will be taken under the terms and conditions of allotment:
  • Conversion of an existing barsati into a room, provided the wall is only 115 mm thick.
  • Installation of grills and glazing in the verandah with proper fixing arrangements.
  • Raising the height of the front and rear courtyard walls to 7 feet by adding jali/fencing.
  • Providing a door in the courtyard, wherever not already provided.
  • Installation of sunshades on doors and windows, wherever not already provided, with proper fixing arrangements.
  • Closure of a door.
  • If the bathroom or WC does not have a roof, they may be treated as open urinals and are allowed.
  • Raising the wall of the balcony/terrace/parapet with grill or glazing up to five feet.
  • Removal and reconstruction of the original structure (single-storied built-up flats only), with prior permission and subject to building bye-laws and local authority approval.
  • Construction of an open staircase (cat-ladder), where no staircase exists for terrace access.
  • Placement of an additional PVC water tank on the ground floor, without disturbing the common passage.
  • Placement of an additional PVC water tank in the scooter/car garage at the surface level.
  • Provision of lofts/shelves in rooms without making a chase in the walls.
  • Changing flooring with waterproofing treatment.
  • Removal of a half-brick wall (4.5 inches) or construction of a ramp at the front gate, without disturbing the common passage/stormwater drain.
  • Installation of sunshades over outer windows with a projection of up to 1 foot.
  • Installation of false ceilings in rooms.
  • Making an opening of a maximum size of 2.5 ft x 1.75 ft for an exhaust fan or air-conditioner in existing walls.
  • Fixing doors in the front or back courtyards.
  • Converting a window into an almirah, subject to availability of light and ventilation.
  • Shifting of water storage tanks or raising the parapet wall up to 5 feet high, and installing additional water storage tanks (maximum capacity 550 litres).
  • Shifting of front glazing doors/windows outward up to the existing chajja.
Further additions are permitted upon submission of detailed drawings by the allottee, duly certified by a Registered Architect and Qualified Structural Engineer, including:
  • Construction of a bathroom and WC in the rear courtyard, provided existing services are not affected.
  • Covering of open terraces with sloping roofs (up to 9 feet high) using lightweight materials such as fiberglass/AC sheets/standard angle iron sections, enclosed with glazing.
  • Interchanging the positions of the kitchen, bathroom, and WC, with proper electrical connections and subject to structural safety. Consent of all affected occupants/allottees is required.
  • Covering of courtyard or roof terrace, subject to additional FAR charges of Rs. 450 per square meter of additional covered area.
To simplify and expedite the approval process, Architects registered with the Council of Architecture under the Architects Act, 1972, are authorized to certify that the plans conform to original construction, building bye-laws, and DDA guidelines.
Once the certified plans, documents, and fees are submitted, they will be recorded and treated as permitted. A Building Plan Fee of Rs. 200/- is charged for processing, regardless of the area involved. Additionally, Rs. 450/- per square meter will be charged for the proposed additional covered area.
To ensure structural safety and proper construction, a Certificate of Supervision by the Architect and Structural Engineer is mandatory, along with an Indemnity Bond for Structural Stability. This requirement is waived for those who have only given an NOC.
 
 
Helpful? LawRato LawRato

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."