Response
Boundary walls are referred to in the Act as ÒParty Fence WallsÓ. The definition set out for a party fence wall is: Òa wall (not being part of a building) which stands on lands of different owners and is used or constructed to be used for separating such adjoining landsÓ. The party wall act only applies to ÒstructuresÓ (ie: a wall with a foundation), it does not apply to timber fences or other screens.
The National Building Code of India (NBC), a comprehensive building Code, is a national instrument providing guidelines for regulating the building construction activities across the country. As per National Building code, Except with the special permission of the Authority,common wall can be build from minimum 1/5 meters to 2.4 meters maximum with the permission of local authority.
In gated communities instead of compound wall, fencing or paling will be provided to demarcate the boundaries of properties. In India, the height of compound wall is governed by the National Building Code of India- 2016 Volume 1. Section 12 Clause 3.
The point to be noted here is as per NBC one can build a boundary wall or compound wall of minimum 1.5 m height to a maximum of 2.4 m height with permission from the local municipality. The height is measured from the centerline of the front street of the building. The thickness of compound wall/ boundary wall is not mentioned in NBC. However as per industry practice it can be 230 mm to 400 mm. An ideal thickness of wall shall be 300 mm.
That is, Maximum permissible height is 1.5 metres. You don’t need permission from MCD to construct boundary wall.
You dont need any permission for fencing your property but it should not be done outside of your own land.
Reference: The National Building Code of India (NBC) 2016, Vol.1, Section 12(3)
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