room height

Maifooz (Querist) 30 April 2018 This query is : Resolved
I want to know how much height I can extend as per law

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KISHAN DUTT KALASKAR (Expert) 30 April 2018
Dear Sir,
It appears there is no specific rule to restrict the height of particular room. The following information may be perused.
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Pent houses in buildings of height less than 18 meters are eligible for
penalization, In cases where penthouse construction is making the building
height more than 18 meters then the penthouses can penalized provided the
these are below 25% of the covered area of the floor and height is average
floor height and would be considered subject to production of No Objection
Certificate (NOC) from Fire Services Department and Airport Authority of
India. In respect of flats on other floors, the pro-rata charges as applicable for
an Apartment Complex would be levied without insisting on such NOCs.
Pent Houses exceeding the above stated limits would be treated as High Rise
Buildings and all provisions of High Rise Buildings for the entire building shall
be applicable in such cases.

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https://timesofindia.indiatimes.com/city/pune/new-development-control-rules-for-pune-give-more-floor-space-index-boost-to-realty/articleshow/56677756.cms
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FREQUENTLY ASKED QUESTIONS UNDER BUILDING
PENALIZATION SCHEME
Q1. What are the advantages of Penalization of Unauthorised
Constructions?
A. The constructed building will get formal orders of regulation which will
remove the uncertainty and threat of demolition and will get the occupancy
certificate which is mandatory as per Municipal Laws.
Q2. Is it compulsory to apply for penalization of Unauthorised
Constructions?
A: Yes.
Q3. What are the consequences if I do not apply?
A: Action will be taken against such unauthorised construction as per the
provisions of the Municipal Laws for levy of exemplary fines including
demolition of the unauthorised constructions.
Q4. Unauthorised construction made before 1.1.1985 can be penalized if
applied?
A: Persons who have made unauthorised constructions before 1.1.1985 need
not apply. However, if persons apply under this scheme, it will be considered
in conformity with Master Plan Land use and Zoning Regulations (if
applicable) subject to verification of structural stability and heritage angle.
Q5. Whether the time prescribed for filing the applications for penalization of
unauthorised constructions Scheme will be extended?
A: No
Q6. My neighbour has complained against me on building setbacks violation
and a case is pending in the court. Can I apply for building
regularization?
A: Yes, provided there are no specific court orders/directions in this matter.
Q7. Whether unauthorised construction made in a parking area which was in
excess of the required parking area, can be penalized under these
rules?
A: No. The said area has to be utilized for parking only.
Q8. Permission has been obtained for one use (e.g. residential use) and
constructed as per plan but the use of the building is changed (e.g. for
commercial use), can it be penalized?
A: Yes, subject to payment of double the penalization charges, at the rate
prescribed for commercial use on the total built up area which has been
converted into commercial use and in conformity with Master Plan Land use
and Zoning Regulations (if applicable).
Q9. Sanction for construction of the building is obtained but the sanctioned
copy is not available. How the penalization charges will be levied?
A: The concerned Urban Local Body / UDA / CRDA shall assist the applicant to
trace out the copy of sanctioned plan from the Municipal records. If it is found
that there is no sanction for the said construction, the entire building will
be treated as unauthorized and penalization charges will be levied
accordingly.
Q10. Permission is obtained for 3 floors but constructed 4 floors. What
penalization charges will be levied?
A: If the permitted 3 floors are constructed as per plan no penalization charges
will be collected for the 3 floors. If there are deviations in the permitted floors,
the penalization charges will be collected as per that rate. But the entire 4th
floor will be treated as unauthorized construction and penalization charges will
be collected as per that category.
Q11. Permission was obtained for individual residential building but
converted in to Apartment Complex. Whether such apartments are
eligible for penalization?
A: Yes, Penalization charges will be levied as applicable in the case of
apartment complexes.
Q12. Whether Constructions made in parks, green areas, layout open
spaces and nalas are eligible for Penalization?
A: No.
Q13. Permission was obtained for stilt for parking + 5 floors for apartments
but converted the stilt floor for other purposes (flats/shops/office etc).
Whether the apartments in the upper 5 floors are eligible for
penalization?
A: Constructions made in the stilt floor are not eligible for penalization. However
apartments in upper floors are eligible for penalization. Prompt action will be
taken for removal of structures in the parking area.
Q14. Whether the pent houses constructed over Stilt + 5 floors Apartment
Complex can be penalized?
OR
I have a flat on the 3rd floor of an Apartment Complex with
sanctioned plan of 5 floors which has balcony violations. In addition
to these violations, the owner/builder constructed a pent house on the
6th floor and sold off the pent house. What penalties do I need to pay
under these Rules?
A: Pent houses in buildings of height less than 18 meters are eligible for
penalization, In cases where penthouse construction is making the building
height more than 18 meters then the penthouses can penalized provided the
these are below 25% of the covered area of the floor and height is average
floor height and would be considered subject to production of No Objection
Certificate (NOC) from Fire Services Department and Airport Authority of
India. In respect of flats on other floors, the pro-rata charges as applicable for
an Apartment Complex would be levied without insisting on such NOCs.
Pent Houses exceeding the above stated limits would be treated as High Rise
Buildings and all provisions of High Rise Buildings for the entire building shall
be applicable in such cases.
Q15. Whether the constructions affected in road widening are eligible for
penalization?
A: Constructions/buildings falling in the road widening portion are not eligible for
penalization. However the remaining portion is eligible for penalization after
handing over the affected portion to the Urban Local Body at free of cost.
Q16. Whether the constructions made in the area earmarked for Tot-lot are
eligible for penalization?
A: Yes.
Q17. There are cases where certain builders are constructing additional
floors during the interregnum period. Will these be covered under these
Penalization Rules?
A: No. Such additional constructions are liable to be demolished besides
taking penal action against the builders including black-listing.
Q18. A Builder has taken approval under the new Revised Building Rules,
2006 mortgaging the area as required under the said rules. He is
constructing in violation of the sanctioned plan. Whether he is eligible
for penalization under these Rules?
A: No, since he has already mortgaged certain area which would be forfeited in
case of violations.
Q19. My builder has unauthorisedly constructed an additional cellar for
parking. Will the parking floor be considered for penalization?
A: Yes.
Q20. Whether the penalization charges can be paid in installments?
A: Yes, penalization charges may be paid in two installments i.e., minimum Rs.
10,000/- shall be paid along with submission of Online Application and
balance penal charges on intimation by the Competent Authority within 30
days from the date of intimation.
Q21. Whether Penalization charges paid in excess will be refunded?
A: Yes, refunded after issue of the proceedings.
Q22. If the application is rejected, whether the penalization charges paid are
returned?
A: Yes, 10% of penalization charges will be deducted towards processing fee.
In case of false declaration/misrepresentation of facts penalization charges
will not be refunded.
Q23. Permission is taken in two plots by amalgamating them but constructed
in one plot only, what would be the penalization charges?
A: The penalization charges will be levied on excess built up area i.e, Difference
between the proportionate permitted area on the extent of plot applied for
regularization and the total area constructed.
Q24. A person has constructed 3 floors with extra balconies and a 4th
floor which is not permitted as per the sanctioned plan. What penalties
would be levied?
A.: He has to apply for penalization for both deviations in the permitted floor
(extra balconies) and unauthorized 4th floor, as given in the Online
Application Form, viz., the penal charges for the extra balconies which are
deviation to the sanctioned plan; and separate penal charges for the
additional floor which is totally unauthorized shall have to be paid as per
relevant category.
Q 25. My builder has taken sanctioned plan from the Gram Panchayat with
stilt+ 5 upper floors and constructed according to the sanctioned plan
only. I have purchased a flat in the said building. Am I liable for any
penalization?
A.: Yes, and all the flat owners are required to pay penalization since the
sanctioned plan of the Gram Panchayat is not valid as they are not
empowered to approve such type of constructions as per delegation of
powers without prior technical approval from UDA / DTCP as per the Gram
Panchayat Building Rules, 2002. This is clearly indicated on the plans