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No sale or purchase of 4th floor in buildings constructed after 2023 ban

If you are looking to purchase a fourth floor in a ‘stilt-plus-four’ building on a residential plot, make sure that the floor was not constructed after February 23, 2023, when the Haryana govt imposed a ban on construction of such buildings. The district town planner (DTP)-Gurgaon has made it clear that such floors will not be registered in sale-purchase of property and may be demolished.

“The house owners are advised to restore all such unauthorized construction to the original position and ensure that no sale/purchase of said units on the 4th floor is undertaken by them. Any breach in implementation of the govt order shall invite immediate revocation/cancellation of occupation certificate (OC) and disciplinary action against the defaulting owner/architect/all stakeholders,” says the DTP in its recent communication released on May 19.

The DTP has also notified to the general public as well as all the practicing architects that no OC should be issued for a building where the plan has not been approved for 4th floor and shall ensure that all the occupation certificates are in accordance to the guidelines.

The guidelines were issued by the department of town and country planning Haryana on February 23, 2023, and other applicable norms of Haryana Building Code-2017.

On February 23, 2023, the Haryana govt decided to impose a ban on approval and construction of ‘stilt plus four floors’ on residential plots. However, the department had noticed that even after the imposition of this ban, occupation certificates have been issued by some architects where the building plan for the 4th floor was not sanctioned before the imposition of this ban.

This clarification follows the one on May 3 issued by the director of the town and country planning department Haryana. In the May 3 directions, the department had made it clear that legal action shall be taken against all such OCs issued for 4th floor without the building plan being sanctioned before February 23, 2023. It was also clarified that immediate action be taken to ensure restoration of such construction to its original position.

Sources in the department confirmed that the clarification issued by DTP Gurgaon is applicable to all such buildings constructed in other parts of the state after February 2023.

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