Haryana 4th floor allowed - Should the old building owners fall in the trap?

July 5, 2024
Devinder Dhingra

Sundaram (The Guidance)

Recently the Haryana Government has announced that Stilt+4 floors will be allowed in the new sectors where layout plan is approved, however it also allowed Stilt+4 for the old sectors that have approved layout plan for three floors, strangely with certain conditions and without modifying the objectionable rules.

Imposing a condition of ‘mutual consent’ from the adjoining plot holder is one such condition. First of all, it shows that there exists a problem with allowing stilt+4 in the old sectors and the Government acknowledges it, but instead of tackling it with improved guidelines it wants to play smart by passing the ball to the neighboring house owners.

And then there is a controversial sentence that those not giving mutual consent will not be allowed stilt+4 in future. The question arises “Should an old building owner that constructed their building in the old model without a stilt fall in this trap?”

The answer to it is obviously no because of the following reasons:

1. The old building owners are not allowed 4th floor anyway, so what would they lose?
2. Why should you risk your building, compromise on your surroundings and suffer all kinds of other problems. Your house should be your utmost priority.
3. Suppose you don’t give mutual consent to your adjoining plot owner, why shall he go with that consent in the authority and submit it. He would know that he has been refused and if he goes to the authorities, he can only pacify his anger, but by so-called barring his neighbour from the 4th floor in future he is also barred from the 4th floor in future.
   In fact, in the absence of a mutual consent, the person will not like to submit such a document in the authority office and would like to keep his option open for the future.
4. Remember if you intend to sell your property in future, the ownership will change and any consent refusal of the past will hold no value.
5. If you wish to reconstruct your building with stilt+4 in future, say after 10-15 years or so, even then you shouldn’t fall in the trap and compromise on your life for such a time. Remember the point 3 and 4 above and also that Governments and policies keep on changing. So, in all such cases, by giving mutual consent again, both you and your neighbor may still be able to construct the 4th floor easily.
6. If you’re still feeling a little stressed on the point 5 above, courts are there to help you. It is your basic right to think the best for your building at any point of time that cannot be denied.

In a nutshell, instead of playing smart and creating possible neighbor-quarrels, it had been better if the government had tweaked the rules like strictly restricting stilt up to the height of 8 feet, keeping maximum height of the building at strictly 50 feet (if they haven’t done it yet), strictly not allowing the mumty on the side that abuts the old building without stilt and not allowing any load on the common wall under any circumstances etc.

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