Using your Basement for Residential Purpose is Illegal
Oct 22, 2018 Legal Guidance
You can observe that nowadays many new constructions have a basement space. A basement is to use it for storage or parking. However, many use it for commercial purpose by renting us. Well, you must know that renting a basement is illegal.
Know About Basement
According to building bye-laws, a basement is the lower storey that could be entirely or partially under the street level of a building. The basement can be used for several purposes as an additional space to the house. That is the reason for including the basement in new constructions now.
Rules About Basement Use
The National Building Code regulations say that a basement can only be used for commercial purposes, or storage, parking, cellar, a dark room or even space where machinery such as air conditioning can be installed legally. However, despite this rule, many may opt to rent out this space for the residential purpose. This is illegal under the law. The fact is that you cannot use this space for your such as a kitchen or a bathroom according to the building bylaws. You can still use it commercially on legal grounds after proper permission of the area municipality is taken, as this is a part of your residence.
If You Live in the Basement
Let us assume that you have been living in a basement for a few years now and all of a sudden the Municipal Corporation visits the house for inspection (maybe your neighbour or any acquaintance complained about it). Then the officials tell you that you will get a legal notice for evacuation because it is illegal to reside in a basement. In such short notice, it may be difficult to make an alternate arrangement. So, you may wish that the officials understand your position and find a way out. This is what you can do:
- If this objection that has been raised by the Municipal Corporation of Delhi(MCD) official is as per any specific rules and regulations of the Municipality Act, then verify whether it applies to you. In some cases, MCD takes a generic approach which may not apply to you.
- It is wiser to consult a local lawyer who deals with such municipality matters. The local lawyer may be able to help you to plan the course of action.
- In the even if you do receive a legal notice, then you may challenge it in the High Court.
- The bylaws are different for different states; however, many suggest that basements are unsafe for dwelling purposes.
It is best for you not to dwell in a basement and refrain from renting it out.
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