After a 16-month ban, the Haryana government has decided to allow the construction of stilt plus 4 floor buildings in residential areas. This applies to plots where the layout plan includes four housing units or a density of 18 people per plot. Additionally, approval has been granted for constructing a stilt plus four floors in areas with three housing units per plot if the plot is adjacent to a road at least 10 meters wide.
This decision comes just three months before state elections. It requires either an agreement with neighboring plot owners or maintaining specific side setbacks on each floor to ensure proper ventilation and sunlight.
These new rules are based on recommendations from an expert committee. There is now a penalty system for those who have built stilt-plus-four floors without approved plans. Violators must pay ten times the standard rate and ensure their construction meets the Haryana Building Code. 90 days will be given to pay the penalty and regularize the construction. Funds collected from these penalties will be used to improve urban infrastructure.
Background and Controversy
The BJP government introduced the policy for stilt-plus-four floors to increase housing availability and affordability. In 2018, the fourth floor was allowed to be registered as a separate unit. However, this led to complaints about overburdened infrastructure, damage to neighboring houses, and parking congestion.
Due to these issues, a ban was imposed on February 23, 2023, and an expert committee was formed to review the policy. The committee found that previous policies from 2016 and 2019 did not adequately consider urban infrastructure capacity. Despite generating significant revenue, no efforts were made to redesign or improve sectors to handle increased density.
Expert Recommendations
The expert committee recommended granting permission for stilt-plus-four floors only if the necessary infrastructure is available and certified. According to their report, 24,663 building plans and 11,434 occupation certificates for such buildings have been approved across Haryana.
There are approximately 538,000 residential plots in the state, with around 264,000 developed by the Haryana Shahari Vikas Pradhikaran (HSVP) and the rest by private developers. Residents still call for stricter enforcement to prevent the commercial use of stilt-plus-four-floor buildings.
New Guidelines for Stilt-Plus-4 Floor Construction in Haryana
1. Four Dwelling Units Per Plot
- Construction of Stilt-Plus-4 (S+4) floors is allowed in residential plots within colonies or sectors where the layout plan is approved for four dwelling units per plot.
2. Licensed DDJAY Colonies
- S+4 floor construction is permitted in licensed DDJAY colonies if the services plan is approved or revised for four dwelling units per plot.
3. Three Dwelling Units Per Plot with Road Access
- In colonies or sectors with layout plans approved for three dwelling units per plot, S+4 construction is allowed if the plot has access from a road at least 10 meters wide and meets one of the following conditions:
- Submission of a mutual consent agreement with all adjoining plot owners (except those with existing S+4 approvals).
- Maintaining a side setback of 1.8 meters on all floors from adjoining plots.
- Adjoining plot owners who refuse to give consent will be ineligible for future S+4 approvals.
4. Purchasable Development Rights (PDR)
- The rates for PDR will increase for plots larger than 250 sqm, as detailed in Annexure ‘A’.
5. Auctioned Plots by HSVP
- Plots auctioned by HSVP with in-built purchasable FAR can construct S+4 floors subject to specific conditions or seek a refund.
- Owners who opt for lesser PDR can request a refund of the unused PDR amount with 8% interest within 60 days of the order.
- For plots not eligible under the specified conditions, the entire auction amount plus 8% interest will be refunded.
6. Basement Construction and Load Transfer
- Construction of basement stories and load transfer onto common walls is prohibited unless consented to in a mutual agreement with adjoining plot owners.
- Construction of common walls is allowed if an entire row of plots is approved simultaneously.
- Basement construction is not permitted on plots less than 10 meters wide and 250 sqm in area.
7. Infrastructure Augmentation
- Immediate infrastructure augmentation in sectors/colonies will be funded by Rs 1178.95 crores collected from S+4 plan approvals. HSVP will prioritize and execute these projects.
8. S+4 Portal
- A dedicated ‘S+4 Portal’ will handle issues related to S+4 constructions, including approvals and grievances.
9. Grievance Redressal Committees
- Committees will be established to address complaints and assist plot owners with issues related to structural damage, parking, and infrastructure.
10. Stilt Area Enclosure
- Building plan approvals and occupation certificates will be withdrawn if the stilt area is enclosed, either fully or partially.
11. Unauthorized S+4 Construction
- A Standard Operating Procedure will be developed for unauthorized S+4 constructions:
- Offenders can apply for offense composition.
- If no objections were raised during construction, permission will be granted within 90 days.
- If objections were raised, mutual agreement from complainants is required, or a decision will be made by the competent authority.
- Offenders will be charged a composition fee ten times the rate prescribed for unapproved constructions.
12. Implementation and Clarifications
- Detailed instructions for these decisions will be issued, and the ACSTCP will be empowered to clarify any doubts or issues that arise during implementation.
