NEW CEILING HEIGHT – 17.5 METRES

CHANGE IN THE  RULES FOR THE CEILING HEIGHT BY MCD.

The Municipal Corporation of Delhi (MCD) has revised the no-objection certificate (NOC) regulations, allowing residential buildings with stilt parking to reach a height of 17.5 metres without needing approval from the Delhi Fire Department. This change follows a Supreme Court ruling that permits such an exemption.

Previously, an NOC from the fire department was mandatory for any building plan approval, as stipulated by Rule 27 of the Delhi Fire Service Rules, 2010. However, on August 11, 2022, the Supreme Court’s decision in a case filed by Vikas Singh, President of the Supreme Court Bar Association, led to this revision. Singh’s eight-year legal battle for his 16-metre high house resulted in a ruling that buildings up to 17.5 metres with stilts are exempt from requiring fire department clearance. Buildings exceeding this height will still need to follow the existing approval and NOC procedures.

This new regulation is expected to transform Delhi’s housing landscape, particularly influencing the redevelopment of bungalows into multi-storey floors. Builders can now increase the height of individual floors, enhancing sunlight and ventilation. This change is likely to significantly impact the luxury housing market, with taller buildings providing a unique selling point and potentially raising property prices by up to ten percent in some areas over the next few years. Upscale neighborhoods in South Delhi, such as Shanti Niketan, Friends Colony, Greater Kailash, Vasant Vihar, and Defence Colony, may see a surge in taller residential structures with added features.

Kumar noted that before this order, only buildings up to 15 metres in height were exempt from the fire department NOC requirement. This exemption continues under the new bylaws. However, to benefit from the increased height allowance, developers must include a stilt floor in their building plans. Residents had long advocated for this change to increase the height limit to 17.5 metres without requiring a fire department NOC.

The Municipal Corporation of Delhi (MCD) has specific regulations regarding the height of residential buildings, which have been recently updated. Here are the key points about floor height rules in Delhi as per the latest MCD guidelines:

1. Maximum Height for Residential Buildings:
   • Residential buildings with stilt parking can have a maximum height of up to 17.5 metres without requiring a no-objection certificate (NOC) from the Delhi Fire Department.
   • Buildings without stilt parking must adhere to a different height limit, typically up to 15 metres, without needing a fire department NOC.
2. Stilt Parking Requirement:
   • To avail the increased height limit of 17.5 metres, the building plan must include a stilt floor. The stilt floor is typically used for parking and does not count towards the total number of floors.
3. Fire Department NOC:
   • Any building exceeding 17.5 metres in height will still require an NOC from the Delhi Fire Department as per the existing rules.
   • The exemption applies only to buildings that incorporate stilt parking into their design.
4. Supreme Court Ruling:
   • The change in rules follows a Supreme Court ruling on August 11, 2022, which allowed buildings up to 17.5 metres with stilts to be exempt from obtaining fire department approval.
5. Previous Regulations:
   • Prior to this ruling, buildings up to 15 metres in height were exempt from needing a fire department NOC. This rule continues under the new guidelines for buildings without stilt parking.
6. Impact on Redevelopment:
   • The new rules are expected to facilitate the redevelopment of older structures, particularly bungalows, into taller residential buildings with multiple floors. This can lead to better utilization of space, improved sunlight, and ventilation.
7. Areas of Impact:
   • Upscale neighborhoods, especially in South Delhi (such as Shanti Niketan, Friends Colony, Greater Kailash, Vasant Vihar, and Defence Colony, are likely to see significant redevelopment activity as a result of these changes.

By relaxing the height regulations and easing the NOC requirements, the MCD aims to promote more efficient and modern residential development across Delhi.