While regularising unauthorised constructions in plotted colonies, there would be no compromise on the structural safety of the building.
Property-owners applying for regularisation of additional floor area ratio (FAR) and/or height would be required to submit a certificate from a structural safety engineer stating that the building is structurally sound in spite of the additions/alterations.
The need for setbacks has been exempted for plots up to 100 sq m. However, in case of future construction, a minimum 2 m by 2 m open courtyard will have to be provided for plots measuring 50 to 100 sq m.
Mezzanine and service floors, if constructed, shall be counted in the FAR — but not basements.
"Where such certificate is not submitted or the building is otherwise found to be structurally unsafe, a formal notice would be given to the owner by the MCD to rectify the structural weakness within a reasonable period. In case the owner does not comply, the building shall be declared unsafe and shall be demolished by the owner or MCD," said an MCD officer on condition of anonymity.
A property owner would be required to submit two sets of revised building plans drawn up by an architect clearly indicating in red the portion of the building for which regularisation is sought.
On the same map, the property-owner would be required to indicate in yellow the portion of the building for which no relief is entitled. The maps should be signed by the architect and the owner - the latter would have to give an undertaking that he would demolish the yellow portion on his own within two months of submitting the regularisation application, failing which the regularisation process would be declared invalid.
These plans should be accompanied with ownership document, three sets of photographs taken from different angles, structural safety certificate and regularisation fee notified by the DDA.
Upon submitting the requisite documents and the receipt of the regularisation charges paid, the building plans would be stamped for regularisation.
The MCD would conduct random checks on up to 10 per cent of the cases regularised in a month in each zone to verify the correctness of the affidavit filed by the owner and the architect's certificate.
However, the MCD would reserve the right to check the building for correctness of the plan and the amount deposited towards regularisation.
"In case the construction does not tally with the plan or the regularisation charges deposited are less than what has been stipulated, the 'regularised status' of the building would be withdrawn and the MCD would be free to take action as deemed fit," the MCD statement reads.
Also, the property owners are required to provide parking space within the plot. As per norms, space for two cars has to be provided for plots of 250-300 sq.m., and one car for every additional 100 sq.m. of built-up area in plots exceeding 300 sq m.
"If the building is constructed with stilt area of non-habitable height (less than 2.4 metres) and is being used for parking, such stilt area shall not be included in the floor area ratio, but it would contribute towards the height of the building," the MCD said in a statement.
The money collected by property-owners as regularisation charges would be deposited in an Escrow account by the MCD for incurring expenditure for developing parking sites, augmentation of amenities/infrastructure and environmental improvement programmes. The MCD would issue a quarterly statement of the income and expenditure of the amount to the government.