New Delhi
oi-Swastika Sruti
After the fatal Satya Niketan boys pg and hostel building collapse in Delhi, the state government’s decision to crack down on illegal fifth floors has bought back a problem in focus: What happens to buildings that were constructed illegally but later receive protection under regularisation laws or government schemes?
Following a fatal building collapse, Delhi CM Rekha Gupta announced action against illegal fifth floors, highlighting how decades of regularisation laws, extended until December 31, 2026, protect unauthorized construction and complicate enforcement.
As the Delhi CM Rekha Gupta came forth with the announcement of taking action against the unauthorized fifth floors, the ground reality is far different.
It is for nearly two decades that the Delhi government has developed extensions, regularisation schemes and planning relaxations that have provided varying degrees of protection to unauthorised structures. This clearly means that not all buildings that appears illegal will be demolished or sealed.
Understanding “Regularisation”
Regularisation means giving legal or regulatory recognition to a structure or settlement that was originally not built according to the applicable rules, subject to the conditions of the particular scheme or law.
It does not necessarily mean that every illegal building suddenly becomes fully legal.
Regularisation can come with conditions, fees, documentation requirements, planning restrictions or other safeguards. In some cases, a government may decide to protect existing structures while allowing future development to be governed by normal building rules.
This is different from giving permission to construct something illegally in the first place.
For example, if a building was constructed without the required approval years ago, a regularisation policy may protect the existing structure from certain punitive action. But that does not automatically mean that the owner has a free hand to add another floor tomorrow.
This distinction is particularly important in Delhi, where officials now have to determine when a structure was built, where it is located, which law applies to it and whether it falls within a protected category.
What are the normal rules for residential buildings?
According to the building regulations which prevail, as per the civic authorities, most residential localities would typically allow the building design of ground plus three floors, depending on certain building and planning considerations.
The height allowed is typically up to 15 metres.
Where there is parking available on stilts, the height permitted may be extended up to 17.5 meters, giving room for an extra floor according to the prevailing building regulations.
However, the case is quite contrary on the streets of Delhi.
There are instances where buildings have surpassed the permitted height and floors.
There are cases where stilt space intended for parking is used for some other purposes, whereas extra floors are built without adhering to the rules as prescribed by building regulations.
There have been examples of buildings having heights of six, seven and even eight floors in certain unauthorized colonies and congested areas.
The 2006 turning point
Delhi’s present problem dates back to 2006 when the Municipal Corporation of Delhi launched a massive sealing campaign as per court orders for unauthorised construction.
The number of violations was huge.
Rather than proceeding with the massive sealing and demolitions without a broader policy context, Parliament passed the Delhi Laws (Special Provisions) Act, 2006.
It was supposed to be a temporary measure to protect citizens during the government’s efforts to come up with a permanent solution.
The temporary nature of the measure did not stay temporary.
The period of protection kept getting extended several times in 2007, 2009, 2011 and subsequent legislative measures.
Protection period was extended through the National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Act, 2023 until 31 December 2026.
This particular date has become significant because of the reason that the present crack-down campaign cannot be considered merely as a municipal issue.
The “as-is-where-is” problem
The issue became even more complicated with the government’s decision in April this year to regularise 1,511 unauthorised colonies in Delhi on an “as-is-where-is” basis.
The colonies are estimated to cover a population of around 4.5 million people.
The phrase “as-is-where-is” is important.
Broadly, it means that the government is dealing with the existing situation rather than treating every structure as if the area were being redeveloped from scratch according to current planning norms.
For residents, such a policy can provide security and recognition to long-existing settlements. For enforcement agencies, however, it creates a difficult distinction between an old structure that receives protection and a new unauthorised addition that should still face action.
An MCD official said existing built-up structures in such colonies could receive protection from punitive action. The official pointed out that some of these colonies contain buildings with multiple floors despite having been constructed without following normal building norms.
That is where the fifth-floor issue becomes complicated.
Delhi’s bigger problem is not just the fifth floor
The debate triggered by the Satya Niketan collapse should not end with the question of whether fifth floors should be demolished.
The bigger issue is why unauthorised construction has become so deeply embedded in Delhi’s urban landscape.
Regularisation can give residents legal security. Special laws can prevent chaotic mass demolition. Decriminalisation can reduce excessive criminal penalties.
But none of these measures, by themselves, solves the underlying shortage of planned housing, weak enforcement or the demand for additional living and commercial space.
Delhi therefore faces a difficult balancing act: protect residents who have lived for years in established settlements while stopping new illegal construction from being added to the same structures.
The fifth-floor crackdown may be the government’s immediate response after the Satya Niketan tragedy.
But the real challenge is much older.
Until Delhi finds a way to combine strict enforcement with realistic housing and planning policies, every crackdown risks running into the same wall-a maze of regularisation, special protection and years of accumulated unauthorised construction.
