Can I Build My House Without Leaving Margin?

Local development  Authority insists for providing setbacks as a public policy for health, safety and privacy.

Any plan for the construction of the building should provide setback/margin from the boundary of the plot or road. Setback spaces ensure sufficient light, air and privacy to the occupants of the proposed building. It also facilitate movement of vehicles around the building including fire tenders in case of an emergency. Setback spaces are also used for parking space for vehicles. In some cases, it is also used as Landscaping / garden area around the building. In addition, Infrastructure services like water supply, sewerage, storm water drain, gas line, power connection etc., are normally laid out in this space. Hence the marginal space is very important for enjoying the house.

Must read: What Does FSI in Building Construction Mean

According to local development authority like Municipality, Corporation or even Panchayat one has to provide margin from roads / boundary to new proposed building. The legal distance required between a property boundary and new construction is called  a Setbacks /Margin

Setbaks/Margin means open to sky land provided at plot level. You are not allowed to do any construction in the margin either above or below the ground.

Measuring setbacks:

It is measured horizontally from the edge of the building to the edge of the plot.

Setbacks are defined as front, back & side setbacks. Normally larger margin has to be provided from front road side.

Elements allowed in setbacks:

You cannot do any construction in margin area. Only specific construction is permitted in setback area like,

  • Architectural Projections
  • Sunshades/chhajjas
  • Balconies above ground floor at minimum height of 3.65m from ground level and not at lower level.
  • Porch
  • Parking area
  • Open to sky verandah

Setbacks vary depending on:

  • Local development Authority
  • Location of site within city
  • Type of Structure, Public / private / institutional and it use
  • Low rise or High rise structure
  • Type of road on which the property abuts
  • Tenure of land

Setbacks and margins are thus very important and no authority nor any court will regularize it. If you are sued for violation the same, you will have no option but to demolish it. Hence respect the laws and live peacefully.

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