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I have invested in a flat in a multi-storeyed building and last week when I visited the complex to check my flat, which is almost complete, I was shocked to find that the two balconies provided have very short grills. I pointed this out to the builder, but he argued that there was nothing wrong with them. How do I deal with the builder? I have paid almost the entire amount towards the flat.
So before taking possession of your flat/house, check the balcony, staircase, terrace and windows and make sure that the house is safe in all respects. Measure the gaps between the grills, the height of the balcony wall and make sure that it conforms to safety standards. If you think that the standards adopted by the civic authorities are inadequate, form an association and pressure them to upgrade them. Demand accountability from builders and civic authorities and do not compromise on safety. I would also suggest that you look at the grill design carefully and ensure that there are no horizontal strips or grills that prompt a child to use it as a step ladder to climb up the balcony wall. It is equally important to ensure that there is no gap between the balcony floor and the first grill, as otherwise, that could lead to a child falling through the gap. Similarly, some builders do not provide grills to the windows of upper floors. This is again not very safe. I live in a rented accommodation with my wife and a two-year-old son. My problem is that the balcony of the our flat, situated on the second floor, has grills that are wide apart and I fear that my son may slip through them. I have spoken to my landlord several times about this, without any result. Since it's difficult to find another place close to my workplace, I prefer to stay here. What do I do? Obviously, the flat does not conform to the prescribed safety norms. Write a formal letter to your landlord, with a copy to the cooperative society in which the flat is located, pointing out that the grills violate the National Building Code and are unsafe and that they should be rendered safe immediately. You can also point out that many children have died on account of such unsafe grills and you would expect the owner of the house as well as the cooperative society to be more responsible. You can also inform the owner of the flat that if it is not rectified within a fortnight, you will do it at his cost. If there is no action, I would suggest that you get it rectified without delay and deduct the amount from the rent that you pay.
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As a person investing in
the flat, you have every right to demand that the flats be safe in all
respects and this includes the safety of the balconies. This is
particularly important because in several cities around the country,
toddlers have slipped through balcony railings or fallen down from
short parapet walls or balcony walls and died. It is for this reason
that the civic authorities have to ensure that the construction is
safe in all respects and conform to the parameters laid down, before
issuing the completion and occupancy certificates. Write to the
builder immediately and draw his attention to the defects in the
balcony railing. You should also send a copy to the relevant
authorities, asking them to enforce proper safety standards. Do not
compromise on safety. If necessary, get the other flat owners in the
society too to sign your petition to the civic authorities.
As per the National
Building code, 2005, the height of the handrail in the staircase
should not be less than 90 cm (a little more than 2 feet, 11 inches)
and if balusters are provided, no gap in the balusters should be more
than 10-cm wide. Similarly, the balcony walls or guard rails should
not be less than 1.20 metres ( approx 3 feet 11 inches) high and such
guard rails should be firmly fixed on the walls. Civic authorities in
different cities have adopted this either fully or with modifications.