Response

Under its Master Plan 2021, New Delhi has authorised various operations to operate from basements in order to carry out commercial activities of some form. This may only be done with the authorization of the Delhi Municipal Corporation and the Delhi Development Authority.

It is permitted to use residential property for commercial purposes, provided that previous authorization from the local municipality is obtained, and if the professional is a renter, permission from the landlord is also obtained. A commercial activity is defined as any activity that involves the acquisition and selling of products.

Professional labour has a component of service and is not a commercial activity. As a result, it is not prohibited. According to the National Building Code, 2016 rules or building by-laws, a basement can only be used for storage, a dark room, a bank vault, or parking space. Kitchens, baths, and toilets are not permitted in basements unless sewer levels allow it. The government permits the construction of offices in basements.

However, current state laws would apply, and before engaging in commercial activity, authorization from different authorities would be needed. According to the building bylaws, commercial space will be included in the calculation of floor area ratio usage and conversion costs will apply. Storage and parking, as well as basement space, will not be included in the calculation of floor area ratio usage.

Reference: National Building Code, 2016 – – AHG222 – 202100581 – 121 – 91 – 202100153202100243186

LAWAYZ-2023-963