The Hindu : Kerala / Thiruvananthapuram News : Builders violating setback regulations

Online edition of India's National Newspaper
Wednesday, Jul 11, 2007
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Kerala

Kerala - Thiruvananthapuram

Builders violating setback regulations

T. Nandakumar

This is done by exploiting loopholes in building rules

Photo: S. Gopakumar

Sheer violation: A new building on the Dharmalayam Road in Thiruvananthapuram that violates setback regulations. The corporation has issued notice to the building owner.

Thiruvananthapuram: A large number of builders are exploiting the loopholes in the Kerala Municipal Building Rules to bypass setback regulations and add valuable floor-space to residential and commercial structures in congested areas in the city where land prices are prohibitive.

Under Section 100 of the rules, an applicant can secure a permit for maintenance, extension or changing the roof of an existing building.

Civic officials said the provision was often misused to build multi-storeyed structures in areas where setback requirements would make construction otherwise impossible.

The Town Planning committee of the City Corporation recently came across several cases in which builders secured permit under Rule 100 and then built an entirely new structure after demolishing part or the whole of the existing building.

“Constructing additional floors on top of an existing house, shop or office would require heavy reinforcements to support the extra weight. This entails extensive modification of the ground floor structure to accommodate big pillars. In most cases, the builder has to strengthen the foundation and demolish the walls,” an official said.

Civic officials said Rule 100 of the KMBR was silent on the construction of reinforcements in an existing building.

They, however, pointed out that demolishing or modifying the old building was a violation of the rule. Officials admitted that turning a blind eye to the trend would make a mockery of the building rules and play havoc with the planned development of the city. A senior corporation functionary said old buildings located in key locations were being snapped up at high prices by builders hoping to exploit the loopholes in the law to add floor-space.

“Buy an old building in a prime location, apply for permit under Section 100, demolish the existing structure or make extensive modifications, add a couple of floors and you get a practically new building without the need to observe setback regulations,” an official said.

Recently, the Town Planning committee was tipped off about a building belonging to the employees association of a public sector company that was under reconstruction on the narrow Dharmalayam road in the Thampanoor ward.

Inspection revealed that the corporation had issued permit to the owners under Section 100 for extension of an old building on the small plot.

The builders had buttressed the ground floor and constructed two upper floors.

“There was no way the owners could have secured permit for the building hugging the roadside,” said a committee member. The Town Planning Officer was asked to issue notice to the owners for violation of rules.

Committee chairman R. Satheeshkumar said the Corporation was planning a drive to identify and take action against builders exploiting loopholes in the building rules to bypass setback regulations.

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