Notifications and Orders
(103) Optional Scheme of Building plans of Residential premises - No. 26/6/4-UTFl(3)-05/7330. - In exercise of the powers conferred under Section 4 of the Capital of Punjab Development and Regulation) Act, 1952, the Chief Administrator, Union Territory, Chandigarh, hereby makes the following scheme regarding passing of building plans of residential premises except group housing/ apartments in the Union Territory, Chandigarh, which is an option to the existing procedure, namely:
1.1 Notwithstanding anything contained in the Punjab Capital (Development and Regulation) Building Rules, 1952, any person who intends to erect/ re-erect a residential building as defined in the Act can make a valid application, which is optional, for self certification of residential building plans, in writing to the competent authority in prescribed form “A” alongwith receipt of the payment of building plan security processing fee and other forms and documents mentioned at Annexure I.
1.2 Such application shall not be considered until the applicant submits al I forms and documents complete in all respect duly signed by Owner, Registered Architect, Registered Structural Engineer and Licensed Plumber registered with the Chandigarh Administration alongwith fees as mentioned in para 1.1 above.
1.3 In case of objections, if any, communicated within 30 days from the date of the receipt of the application, the applicant shall be allowed to re-submit (he building plan after attending to the objections within a period of one year from date of receipt of objection order. No fee will charged at the time of this resubmission.
1.4 A person making application as mentioned in para 1.1 need not submit application under Rule 7, 16 and 18 of Punjab (Development and Regulation) Building Rules, 1952.
2. The applicant shall deposit building plan processing fee alongwith each application @ Re. 1 per sq. ft.
of plot urea. This fee will be non- Transferable and non-transferable. However, in case of minor changes in the plan, fee will not be charged again.
3. The applicant may withdraw in writing his application for erection/re-erection of a residential building at any time within a period of 30 days of receipt of the said application. The said withdrawal shall terminate all proceedings with respect to such application and the plan security and building plan processing fee as paid by the applicant shall be forfeited.
4.1 If after submitting of application during the construction of building, the Owner /Registered Architect/Registered Structural Engineer/ Licensed Plumber is changed, he shall intimate lire competent authority by registered letter that he is no longer responsible for the project from the date of actual dispatch of the letter. The intimation must be sent within seven days of occurrence of tire change to the Estate Officer by the respective Owner/Architect/Engineer/Plumber. The construction work shall have to be suspended until the new Owner/ Registered Architect/Registered Structural Engineer/Licensed Plumber as the case may be, undertakes the full responsibility of the project vide forms and documents submitted at the time of securing permission for erection/re-erection of the building.
4.2 The new Owner/Registered Architect/Registered Structural Engineer/ Plumber, as die case may be, shall before taking responsibility as stated in para 4.1 check the work already executed in pursuance to the permission granted by the competent authority. He may go ahead with the remaining work only after intimating the competent authority about the same within seven days of his taking over.
5.1 A person who applies for erection/re-erection of residential building after securing permission for erection or re-erection, if no objection is received within 30 days from receipt of the application, shall give to the Estate Officer not less than a week’s notice in writing, of the date and time at which erection/reerection of the building shall begin and shall annex an attested copy of the plinth level certificate, demarcation certificate and permission for stacking malba at site, and any other permission whichever is required in this regard from the competent authority.
5.2 The competent authority will ensure that the certificates and other documents needed by the applicant are easily made available at one place.
5.3 When the construction work reaches at plinth level, the Supervising Architect shall inform the Estate Officer regarding the progress on prescribed progress certificate.
6. It a building is not completed or completion certificate is not obtained within five years from the date of securing permission of erection/re-erection or within last date of construction, whichever is earlier, the secured permission will lapse. The applicant has to obtain extension in time limit before applying for revalidation of the same and the same may be revalidated at the discretion of Estate Officer on the justified request of the applicant and for each invalidation Rs. 1,000 will be charged.
7.1 The provision of rule 18 of Punjab (Development and Regulation) Building Rules, 1952 will be applicable except the forms and documents as detailed in Annexure II, for applying for permission to occupy.
7.2 On submission of valid applications for permission to occupy with forms and documents as detailed at Annexure II, the Estate Officer shall give receipt thereto and process the application in accordance with Rule 18 of the Punjab (Development and Regulations) Building Rules, 1952. Occupation certificate shall be given within a period of 30 days from the date of receipt of such application. However, if the Estate Officer exercising the powers of Chief Administrator, fails to issue such occupation certificate within a period of 30 days from the date of receipt of valid completion report, the occupation certificate will be deemed to have been issued.
8.1 Notwithstanding anything contained in the Punjab (Development and Regulations) Building Rules, 1952, and further amendments made/ directions given in this regard for charging of composition fee for erection/re-erection of site, the said rule shall be applicable in regard to composition fee for not securing/obtaining permission for erection/ re-erection of building before execution at site.
8.2 If the owner fails to intimate the Estate Officer within a week’s time, regarding commencement of work as per direction 5.1, the composition fee @ Re. 1 per sq. ft. Of the plot area will be levied subject to fulfillment of documents as mentioned in direction 5.1 above at the time of completion.
8.3(i) If the Supervising architect fails to submit the progress certificate at plinth level as per direction 5.3, he will be solely hold responsible for such omission and his registration to work in Chandigarh Administration may be suspended/cancelled or any other penalty may be imposed as per the decision of the committee constituted under the Chairmanship of Chief Architect after giving him an opportunity of being heard.
8.3(ii) If the Owner or Registered Architect/Structural Engineer/Licensed Plumber as the case may be, submits a wrong report while making application under direction 1.1 and 7.2 or if any additional construction or violation is reported to exist at site or concealed any fact or falsely justifies or mis-states regarding completion at or before the completion of such report, he will be jointly and severally held responsible for such omission/commission and his registration/license to work in Chandigarh Administration may be suspended or cancelled or any other penalty as decided by the committee constituted under the Chairmanship of the Chief Architect after giving an opportunity of being heard.
8.3(iii) T he unauthorized construction will either be demolished by the Owner or by Estate Officer on the risk and cost of the owner, if the same is neither sanctionable nor compoundable.
ANNEXURE-I (To be submitted at the time of submission of building plans)
1. Forms and Documents :
1.1 Forms
1.1.1 Form A Form for application for securing permission to erect/re- erect residential building.
1.1.2 Form C Form for declaring specifications of the proposed building
1.1.3 Form J Form for Structural Stability Certificate.
1.1.4 Form 1 Undertaking of Registered Architect.
1.1.5 Form 2 Undertaking of Registered Structural Engineer.
1.1.6 Form 3 Undertaking of Licenced Plumber.
1.1.7 Form 4 Undertaking of the owner on a stamp paper of Rs. 10/- duly attested by The Executive Magistrate in such form and manner as prescribed.
1.2 Documents :
1.2.1 Plan security fee and Building Plan processing fee receipts.
1.2.2 Copy of Power of Attorney, if plans are submitted by legally authorized Agent or Attorney, alongwith affidavit regarding non- Cancellation of G.P.A. and its validity duly attested by Executive Magistrate 1st Class.
1.2.3 Plot size verification on scrutiny proforma duly pasted on site plan from the surveyor of the concerned allotment authority.
1.2.4 Four sets of building plans duly mounted on cloth in accordance with Rule 8 and 9 of Punjab Capital (Dev. & Reg.) Building Rules, 1952 duly signed by Owner, Registered Architect, Registered Structural Engineer and Licenced Plumber.
1.2.6 Any other declared fee e.g. composition lee for erecting/re erecting at site before securing/obtaining such permission, for additional coverage etc.
ANNEXURE II (To be submitted at the time of applying for occupation certificate) 1 Forms:
1.1 Form D Completion Report
1.2 Form E Building completion certificate by Registered supervising Architect.
1.3 Form I Building completion certificate by Licensed Plumber.
1.4 Form K Structural Stability Certificate.
1.5 Form 5 Structural Inspection Declaration.
2. Document
2.1 Complete set of completion plan.
2.2 Complete set of Structural Drawing,
2.3 Undertaking by way of an affidavit duly signed by the owner regarding completion as per specimen affidavit.
2.4 Declared composition fee, if any, in accordance to nunple.ion plan as per building Dye laws and notification in this regard.
[Forms omitted] (See Chandigarh Administration Gaz. (Extra) dated 24.10.2005 at page 343)