We have observed from the media reports that negligence of a builder to put up a
high rise building sanctioned for 16 floors resulted in the serious damages to the adjoining one block of Queens Corner
Apartment existing since about 32 years. The building taken up has approach from Cunningham Road. The cause of the damages is due to the deep earth work done for foundation to build two basements and 16 upper floors. Normally, builders provide for a few additional floors to take advantage of higher F.A.R that may be approved in course of time or by purchasing TDR from other property owners. With this intention the builders get foundation designed. In this case it is not revealed from media reports how many additional floors the builder had in mind. This is a secret known only to the builder, the structural engineer, the architect, and the well wishers of the builder.
The first point to examine in this case is whether 16 floors is permissible in this case as the site is not on the main Cunningham Road, but from an access path of about 6mts (20feet) more than 30 mtrs from Cunningham Road. Provisions in the zoning regulations is that if the access road is more than 30 mtrs from the existing main road,
F.A.R according to the main Cunningham Road is not permissible. What is permissible is only F.A.R of 1.75 which means only ground and one floor. How 16 floors were permitted when the approach path is only 6 mtrs wide and is deeper than 30 mtrs from Cunningham Road.
As the trend in
Bengaluru is for high-rise buildings in view of the high
land and rental values, the civic agencies, the resident welfare associations, and the property owners should consider safety aspects of high-rise buildings seriously and see that the provisions of
Building Bye-laws are strictly enforced.There are good provisions in Building Bye-laws for competence to design buildings, safety, ventilation, privacy, etc. The general provisions in Building Bye-laws for safety of buildings and special provisions for high rise buildings are as mention herein.
Building designs:
Architect of high- rise building should be a qualified architect and associate member of Indian Institute of Architects or such degree or diploma which makes him eligible for such membership or such qualifications as listed in Architects Act, 1972 and should have registered with the Council of Architecture. But the Architect is entitled to submit structural design details of
plots only up to 500sq.mtrs and building of three storeys or 10.50 mtrs height. He is eligible to supervise the structural safety of only up to this limit. This means that the structural design of a high rise building should be only by a structural engineer.
Structural design:
In the Building Bye-laws it is provided that a structural engineer should be a corporate member of the Institution of Engineers, India under the civil Engineering division or such degree in civil or structural engineering which makes him eligible for such membership or the qualification recognized by the Karnataka Public Service Commission for the post of Assistant Engineer with an experience of not less than three years in structural engineering with designing and practice. The three years experience shall be relaxed to two years in the case of holder of post graduate degree granted by a recognized university in the branch of structural engineering. For such engineers,experience required would be one year.The registered structural engineer will be competent to prepare structural design of high rise buildings of any height.
Commencement Certificate:
The owner of the site should get the building position marked on the ground according to the set backs, gaps in between buildings if more than one building is proposed, the offsets, etc. The owners shown in the sanctioned plan. The owner shall commence the work only after the grant of Commencement Certificate. The Authority will have to issue the commencement certificate within 15 days from the date of intimation failing which the construction shall proceed according to sanctioned plan.
Inspection:
The engineers concerned of the Authority are expected to inspect the site frequently to see that the building is constructed according to sanctioned plan. When the procedure is like this, how building violations take place in most of the buildings which are now being considered for regularisation under
Akrama- Sakrama Scheme is to be answered by the BBMP.
Soil test:
It is necessary to know the soil bearing capacity to withstand the load of the entire building proposed for designing the structure. Failure to do so will result in building sinking below ground and collapse. According to the soil bearing capacity; the type of foundation to be designed like column footings, strengthening the soil by sand piles/concrete piles, or raft foundation will be decided.
Set backs:
Set backs all round for a high-rise building will be based on height of the high-rise building proposed. This is to enable a fire fighting vehicle to move around the building in case of fire accident, earth tremors/quakes, or other emergency. The space covered by the set backs will also provide ventilation, privacy, etc. If the adjoining ground collapses due to the deep earth work excavation without providing the abutment wall all round or other supports, such incidents like the one on Cunningham Road affecting the neighbouring building, will happen.
The minimum all round set backs increase according to the height of building proposed. It is 16m (50’) for a building of height above 50mtrs (160’) i.e.; ground and 15 floors. In the instant case, it should have been 16 mtrs all round. But the set back left towards ‘C’ block of Queens
Corner Apartment as reported in Times of India news paper dated 17.6.2015 is only 2 mtrs. It may appear some what less due to wider earth work. But definitely, it is not 16mtrs required under the zonal regulations. If it was 16 mtrs, there would not have been damage to the Queens Corner ‘C’ block.
Whether all these provisions or procedures are followed by Legacy Group
Builders is to be investigated and the construction of a high rise building in that site prohibited if the site is not big enough to provide 16mtrs set backs all round. The height of the building should be according to the area of the site and the width of only the approach path if the site is beyond 30 mtrs from Cunningham Road.
Whether sanction of the high-rise building in this case is strictly according to the zoning regulations is to be verified. If not, sanction accorded should be withdrawn.BBMP will at least in future sanction high-rise buildings only according to zonal regulations. The area engineers of the Authority should inspect high-rise buildings at every stage of the construction and take action, if there are violations. Occupancy Certificate should be issued when the high-rise building is complete in all respects. Only after issue of
occupancy certificate, Bescom may sanction electrical connection. Then only
buyers of flats in new apartments will have confidence about safety, as well as free from complications.
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