In MPD 2021 maximum height of building was revived from 11 meters to 15 meters along with additional dueling unit. For constructing of 3rd floor, owner of 2nd floor with roof right was required to take NOC from ground floor and first floor owner. After 2012 court judgement Delhi Government instructed the MCD to no longer make it mandatory for occupants of 2nd floor to have a NOC from ground floor and first floor owners if it was satisfied with the safety of the building.
First thing first. Generally Terrace is considered a common area. While selling property, buyer of all floors are authorized to use common stairs and terrace to install and maintain water tank / satellite TV receiver etc. If buyer of any of lower floor is given such right in registered deed, sale of terrace cannot happen without their approval. In such scenario, if 3rd floor owner is selling terrace rights, sale cannot happen unless owners of Ground, First and Second Floors do not relinquish their right through conveyance deed. Seller may give you terrace right, still construction is not allowed.
You question, is it risky to buy 4th floor flat: Yes it is 100% risk.
Find out 2 reasons due to which 4th floor construction is not allowed
There are many builder selling third floor roof rights with registry. There are 2 issue with this. First question is: Are they allowed to sale, second question is, even if they sale, are you allowed to construct it. Or if you buy built up 4th floor, is it legal?
There is lot of variation in FAR allowed depending on plot size in Delhi. It varies between 120% – 350%. You can see approved FAR for plotted development on page 49 in Delhi Master Plan 2021.
Home loan on 3rd floor flat is conveniently available when plot owner had taken approval from authority with sanction map. In such authorized construction, you must leave sufficient set back (Empty space) on ground, first and second floor, so construction on 3rd floor does not covers above approved FAR.
In NCR Delhi & Noida has highest FAR limit up to 350%. On other hand in neighboring town of Faridabad and Gurgaon it is only 175%. Many properties are built in Delhi / NCR which has excess FAR coverage. This results difficulty in getting home loan on such 3rdfloor flat.
In Delhi / NCR there is no height restriction on group housing society subject to approval from Airport Authority Of India, Fire Department, Structural Stability Approval and other requirement depending on different cities of NCR
As per MPD 2021 height of 15 meters was allowed for plotted colonies in Delhi. This height restriction was for Stilt parking + 4 Floors (Ground + First + Second + Third). Property owners were facing difficulty to accommodate these floor within height of required 15 meters. So they were compromising height of each floor.
In 2013 DDA increased height to 15 meters without stilt parking and 17.5 meters with stilt. But MCD is unable to sanction building plans with 17.5 meters without Delhi Fire Service approval.
Delhi Fire Services considers building taller than 15 meters as high rise construction. As per DFS rule they only gives NOC to high rise buildings which leaves six meter set back around building. This allows easy movement of fire tenders in case of emergency.
It was proposed, properties which had stilt parking within 17.5 meters height will be exempted in DFS high rise construction clause. But it never happened. So MCD still approves buildings up to height of 15 meters without DFS NOC
Apart from height of building, authorities also gives guidelines for FAR (% of covered area based on plot size) and Dueling Units allowed based on plot size. I have taken snapshot from MPD 2021 on plotted colonies. See Details Below
With majority of plots in Delhi are below 250 square meters, they are allowed to make maximum 4 dueling units on plot (G+1+2+3). There is no amendment for increasing Dueling Unit, it makes 4th floor illegal
Other important point in MPD 2021 for plotted colonies is as below
You can get loan against your 4th floor flat / property subject to certain terms. Important point is financial institutions does not offer loan against 4th floor flat for salaried customers. It is because of very high risk product. This product is specifically for self-employed like you. Loan against 4th floor flat is given for comparatively lower period with lesser exposure. Below are important details for loan against 4th floor flat / property
Many people raises quarry, how a 4th floor flat can have a height less than 49 feats (15 meters)?
There are many building in Delhi which have made a “Real Lower Ground Floor”. It means their LGF is lower than 2-3 Feet below ground level. There are many building with basements built in it. Though when people transact such property, they mentions 3rd floor in registry documents. But technically speaking it is a 5 story building. Bank’s technical staff considers it 4th floor. There are many buildings built in 2007 – 2013 which actually compromised roof height of floor to 9 feet, keeping all floors height below 49 feet.
Cases with stilt parking + 5th story building on top of it will certainly cross height of 49 feet. Such loan against 4th floor cannot be done.
By seeing details above you know it is very difficult to convince any bank for loan against 4th floor flat. Many third floors are built without approved map, they too cannot easily get loan against without map third floor property. It may be very difficult to get, when you pursue your loan application yourself. There are other loan coordinator who will misguide you about process, causing you lot of frustration and lose of time.
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