Basement usage: Rules, regulations, and safety checks in Delhi NCR

Delhi is a major hub for IAS and other competitive exam coaching institutes, attracting students from across the country. However, a recent tragedy involving flooding at a coaching institute, resulting in the death of three students, has spotlighted the lack of safety measures in place. This incident is not unique; basements are often used as gyms, restaurants, offices, and other establishments throughout Delhi, creating significant safety hazards.

Contributing factors include inadequate drainage, lack of safety measures, and non-compliance with regulations. Poor town planning, corruption, and illegal structures further exacerbate these dangers. This tragedy raises critical questions about basement regulations and their use for residential and commercial purposes.

Is it legal to use basements for residential and commercial purposes?

According to the National Building Code (NBC), which forms the basis for building by-laws in most cities, the use of basements is highly restricted. Basements can only be used as storage spaces, darkrooms, bank cellars, parking areas, or for housing equipment that requires constant air conditioning. Letting out basements for residential use is strictly prohibited, and kitchens and bathrooms are not allowed unless sewer levels support them and there is no risk of backflow or flooding. While builders are expected to adhere to the National Building Code, local variations in State regulations can sometimes contradict it. In such cases, the more stringent code prevails.

For commercial purposes, offices in basements are permitted but only with the proper permits. The existing State laws apply, and permission from the municipal authority is required before commencing any commercial activity. According to building by-laws, basement space used for storage and parking is not included in the Floor Area Ratio (FAR), but commercial space is included in the FAR calculation.

City-wise guidelines to use basements in Delhi NCR

Let’s have a look at the activities and building rules applicable for using basements across Delhi NCR:

Basement Usage in Delhi

There are three types of areas in Delhi: residential, mixed-use and commercial. The basement can be used for storage, parking, and professional activities after payment of the conversion fee in Delhi.

Activities allowed in a basement

It can be used as a utility room for storing air conditioning equipment. If it is an educational building, study rooms are allowed after proper inspection and obtaining a No Objection Certificate (NOC). However, in the case of academic institutes, owners must follow additional stringent laws specified by the local bodies before the start of occupancy.

Building rules for using basements

Delhi’s Master Plan 2021 allows professionals, such as lawyers, engineers, doctors, architects, chartered accountants and company secretaries among others, to conduct their activities in residential basements after paying conversion charges. This plan ensures that while some professional activities are allowed, they must still comply with local regulations and safety standards. Basement is not counted under FAR if used for storage and parking. However, it is a part of FAR if used for mixed use. The coaching institute in question only had NOC for storage, parking and utility for the entire building, and not as a library.

Basement Usage in Noida

As per the building regulations and directions in Noida, basement is counted along with stilt, podium, services area and all other covered areas to calculate permit fees. The area of a basement should not exceed beyond the building envelope. Here, building envelope refers to all the components within a building that separate indoors from outdoors.

Activities allowed in a basement

As per the ruling in 2011, the Supreme Court ordered a complete ban on using residential accommodations, including basements, for commercial purposes in Noida in the case of R.K. Mittal & Ors. vs the State of UP. Since then, basements cannot be used for habitation or professional services. However, it can only be used for storage and parking.

In July 2024, the three renowned coaching institutes in Noida were sealed due to non-compliance with regulations. Rules mandate all coaching centres to be registered under provisions of the UP Coaching Regulations Act, 2002. While the entire building of Career Launcher was sealed due to non-furnishing of registration papers, the coaching centres of FIITJEE centre and Aakash Institute were operating from basements. These basements were shown as parking lots in building plans, thus resulting in immediate sealing of the space.

Building rules for using basements

• All owners in Noida must comply with the following rules specified on basement usage in Noida: The maximum height of the basement from floor to ceiling shall be 4.5 m
• The height of any basement shall be a maximum of 1.5 m from the bottom of the slab above the top level of the external drain.
• If the height of equipment, such as an electric generator, air conditioner, fire hydrant among others, is more than 4.5 m, the additional height equivalent to the height of the equipment may be permitted
• If the basement area is used for services and storage, the maximum area under such facilities shall be equivalent to the maximum permissible ground coverage.
• If the basement area is used for parking, then an area equivalent to the parking requirement shall be permitted.
• In the case of an automatic/semiautomatic/ mechanised parking facility that is also more than 4.5 m, additional height may be allowed depending on the technology and space requirement.
• In plots bigger than 10,000 sq m, the basement shall be allowed in a setback area after leaving a minimum setback of 6 m
• Basements shall be allowed up to a distance of 2 m from the adjacent plot based on the structure stability certificate
• If the basement is used for any purpose other than the one mentioned above, it shall be included in the building's FAR.

Also read: How can homebuyers ensure the safety of lifts in a project?

Usage of basement in Gurgaon

According to the Haryana Building Code, 2016, using basements in Gurgaon requires approval for the intended use specified at the time of applying for permission.

Activities allowed in a basement

Permitted use of basements in Gurgaon includes storing non-combustible household goods, strong rooms, bank cellars, air conditioning equipment, and other service machines. One can also store modern automated laundry for hotels, hospitals, group housing, and service apartments (for in-house use only). In case of commercial use, it can be used as a car wash, security room, ticketing booth, driver waiting room, toilets, loading/unloading, lift/escalator lobbies, and parking.

Building rules for using a basement

Below are the rules applicable for the use of basements in Gurgaon:

• Open area of at least 1.8 m width across the basement’s length/width
• The minimum height should be 2.4 m and maximum height should be 4.75 m
• Windows with an area between 1/10th and 1/25th of the total floor area, with at least half open
• Walls must be damp-proofed, especially if in contact with soil
• Proper drainage and protection from rain are the owner's responsibility
• Separate access to the basement from the main and alternative staircases
• Enclosed staircases for fire separation
• Open ramps allowed within building lines
• The exit must comply with Part 4 ‘Fire and Life Safety’ of the Haryana Building Code
• The basement must not extend beyond the zoned area
• A 2.4-meter setback is required from adjacent buildings
• Follow fire protection measures in Part IV of the National Building Code of India
• Verification by the Competent Authority or authorised office is required, and the owner must submit a certificate

Checklist for using a basement in a building

The basement must be built strictly according to the National Building Code (NBC) and rules by local governing bodies. If you are planning to use a basement, make sure you go through this checklist to ensure safety:

• NOC and use specification: Obtain a No Objection Certificate (NOC) and specify the intended use of the basement
• Height requirement: Ensure the basement is at least 2.4 m in height from the floor
• Surface drainage: Implement measures to prevent surface drainage from entering the basement
• Waterproofing: Walls and floors of the basement must be waterproof
• Ventilation: Ensure the basement is properly ventilated
• Access: Provide access to the basement either from the main or an alternative staircase

The Old Rajinder Nagar incident is a stark reminder of the need for strict enforcement of building bylaws to ensure public safety. Before starting operations in basements of residential buildings, the owner must ensure all these precautions and requirements are met to comply with local regulations and safety standards.

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