Unregulated PG and hostel accommodations pose a serious urban safety risk. Suggest a regulatory framework balancing municipal autonomy with citizen safety.
In this answer
The collapse of a paying-guest (PG) building in Delhi's Satya Niketan, killing seven, has led the Supreme Court to consider pan-India safety norms for hostels and PGs [5]. Such housing sits in a regulatory blind spot — residential premises run as commercial lodging. The task is to protect life under Article 21 without hollowing out municipal autonomy under the 74th Amendment [1].
Why the risk is acute
- Unauthorised conversion: extra floors, basement alterations, blocked entry/exit and deviation from sanctioned plans — precisely the parameters the Court proposes to scrutinise nationwide [5].
- Statutory vacuum: the Model Tenancy Act, 2021 governs landlord-tenant contracts, not shared PG/hostel lodging as an occupancy class [3].
- Recommendatory standards: NBC 2016, Part 4 (Fire and Life Safety) binds only where a State or ULB adopts it into building bylaws [2].
- Enforcement deficit: NITI Aayog has flagged an acute shortage of urban planners and technical staff in ULBs [4].
A three-tier framework
- National floor (standards): BIS/MoHUA to notify a dedicated PG-hostel occupancy category within the NBC — egress width, fire NOC, occupant density caps, structural certification [2].
- State enabling law: a model PG and Student Housing Act on the Model Tenancy Act template, since land and local government are State List subjects, leaving States free to adapt [3].
- Municipal delivery: mandatory ULB registration and licensing of every PG, a public digital register, and annual third-party structural and fire audits — squarely within the Twelfth Schedule functions of land-use regulation, buildings and fire services [1].
Balancing autonomy and safety: graded penalties and sealing powers with ULBs, resident grievance helplines, university tie-ups for verified listings, and capacity support — filling planner vacancies and GIS-based building databases [4].
A pan-India code should set the safety floor, not the ceiling: the Centre standardises, States legislate, municipalities enforce. Such cooperative federalism converts a tragedy-driven judicial intervention into durable institutional reform, advancing both Article 21 and SDG 11 on safe, inclusive cities.
Sources
- 1The Constitution (Seventy-Fourth Amendment) Act, 1992municipal constitutional status; Twelfth Schedule functions covering urban planning, land-use and building regulation, and fire services
- 2National Building Code of India 2016 (SP 7:2016), Bureau of Indian StandardsPart 4 fire and life safety standards; adoption by States/UTs/ULBs makes it enforceable
- 3The Model Tenancy Act, 2021 — PRS Legislative Researchrental housing regulated by States as a State List subject; model-law template approach
- 4Reforms in Urban Planning Capacity in India, NITI Aayog (2021)shortage of urban planners and technical capacity in urban local bodies
- 5Supreme Court of India — case status and latest ordersongoing proceedings on building bylaw violations; Satya Niketan PG collapse and proposed pan-India safety scrutiny (September 2026 hearings)