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NOTIFICATION

                                                                          

                                                                                    Dated, Chandigarh the    

No.11/2/70-UTFI(4)-2020/                                In partial modification of the Chandigarh Administration, Finance Department Notification bearing No.11/2/70-UTFI(4)-2018/5900-5903, dated 24h April, 2018 and in exercise of the powers conferred under Section 5(2) and Section 22(1) of the Capital of Punjab (Development and Regulation ) Act 1952 as adopted by the Punjab Re-Organisation (Chandigarh Adaption of Laws on State and Concurrent Subjects) Orders, 1968, the Administrator, Union Territory, Chandigarh is pleased to  make the following rules further to  amend the Chandigarh Building Rules (Urban)2017, notified vide No. 11/2/70-(UTFI(4)-2017/6994A, dated 25 July, 2017 :

1.         Short Title and Commencement:-

  1. These rules may be called the Chandigarh Building (Amendment) Rules (Urban), 2020.
  2. These shall come into force from the date of its publication in the official gazette.

2.         In Rule 3 of the Chandigarh Building Rules (Urban) 2017, the existing clause (74) may be read as under:

“ Self Certification means seeking approval of building plan which may be duly prepared, certified and submitted by the Architect registered with the Council of Architecture, in accordance with the provision as laid down in the Architectural Control Sheet / zoning  and as per the parameters/policies issued by the competent Authority from time to time. The building plans shall strictly adhere with the provisions of the Chandigarh Building Rules (Urban) 2017, notified vide No. 11/2/70-(UTFI(4)-2017/6994A, dated 25 July, 2017 under the Capital of Punjab(Development and Regulation) Act, 1952, as amended from time to time. ”

3.         In the Chandigarh Building Rules (Urban) 2017, the existing Rule 11.1.2, in respect of Commercial, Residential and Industrial Buildings, shall be substituted as under:

             11.1.2     SELF CERTIFICATION.

“”Self-Certification of Building plans in respect of Commercial Buildings (SCFs, SCOs, Booths, Service Shops, Bay Shops and similar buildings),

Residential and Industrial Buildings upto 2 kanal category governed by Architectural / Frame Control Sheets/ zoning shall henceforth be mandatory  by Registered Architects holding valid registration with the Council of Architecture, New Delhi.  This provision will empower Registered Architects to sanction building plans, pertaining to  commercial, residential and industrial buildings  on behalf of plot owners, as per the Architectural / Frame Control Sheets/ zoning, which can be obtained from the Department of Urban Planning, UT, Chandigarh  or can be downloaded  from the official website of the Chandigarh Administration.                         

11.1.2(i)  ELIGIBILITY:-

            Any Architect having valid registration with Council of Architecture, New Delhi shall be eligible to submit the  Building Plans  under Self Certification Scheme  in respect of the Commercial (SCFs, SCOs, Booths, Service Shops, Bay Shops and similar buildings), Residential and Industrial buildings upto 2 kanal category governed by Architectural Control Sheets/ Frame Control Sheets/  zoning where applicable and separate registration/empanelment of Private Architects will not be done by the Chandigarh Administration.

 

               11.1.2(ii)  PROCEDURE  FOR  SUBMISSION OF  BUILDING PLANS:

 

               CHECK LIST

                        a) Application Form of Self Certification  will be available  from the Red  Cross Society, Chandigarh on Payment of  Rs. 100/- .

    b) Registered  Architect with Council of Architecture, New Delhi shall submit Building plans in triplicate (cloth mounted) along with Application Form for  Self Certification, Form J ( Certificate for Structural Safety), and  Form K ( Sanction Letter through Self Certification) annexed with these rules.  The construction can be started after fifteen days from the date of submission of building plans, in case no objection is  conveyed to the applicant within the period prescribed herein above. However, in case, violations are noticed at any stage during or after completion of construction of the building, penal action as prescribed in the rules shall be taken.

c)   Fee  & Other Charges :

            I. Security & Scrutiny Fee: Security & Scrutiny fee shall be paid in the form of a Demand Draft favouring 'Estate Officer, U.T., Chandigarh, as per following details:-

Security Fee (Refundable after completion)

Sr.No

Description

Fee In rupees

1.

Commercial Booths

5000.00

2.

Service  shop &

 Bay Shops, SCO/ SCF & similar buildings, Residential and Industrial Buildings upto 2 kanal category. 

10000.00

           

                        Scrutiny Fee ( Non Refundable)

Sr.No.

Description

Fee In rupees

1.

 

All above category

 of buildings  

for Fresh plans.

Rs 2.50 per sq.ft.

.

 

2.

All above category of buildings   Revised Building plan

Rs. 1.25 per sq.ft

3.

All the residential, commercial, industrial plots of size of all category above 2 kanals like religious, cultural, educational and others institutions etc.

Rs.1.25 per. sq. ft.

 

           II. Labour Cess: In case the cost of construction of the proposed building is more than Rs 10,00,000/-,  the owner  shall be  liable to pay Labour Cess levied under the Building & Other Construction workers Welfare Cess Act  1996, in favour of Chandigarh Building and  Construction  Workers Welfare Fund.

Sr.No.

Labour Cess

Amount

1

Booth

@ 1% of total cost of construction

1000/- per sq.ft.

2

Service shop & Bay Shops, SCO/ SCF & similar buildings,  Residential and Industrial Buildings upto 2 kanal category. 

@ 1% of total cost of construction

1500/- per sq.ft.

 

            III.  Additional Area Fee and Compounding  Fee shall be deposited   in the form of a Demand Draft favouring Estate Officer, U.T., Chandigarh, at the rates, as applicable and as notified from time to time.

d)        Structural Stability Certificate (Form J )

The owner shall submit Structural Stability Certificate issued by the Registered Structural Engineer as prescribed in the form “J” annexed with these rules certifying that the structural design including safety from  natural hazards based on soil conditions has been duly incorporated in the design of the building and these provisions shall be strictly adhered to during course of construction.

e)         Fire Safety Certificate

The building must be constructed in accordance with the Fire Safety norms as mentioned in  National Building Code of India, 2016  and further amendments thereof. The Owner shall submit Fire Safety Certificate in respect of Commercial, Residential and Industrial Buildings duly certified from the Registered Architect. The Owner/ Registered Architect/ Registered Structural Engineer, shall be held responsible if any accident is caused at the site, during the course of construction.

f)          Intimation with regard to Proceeding (Violation/ Misuse) or any   Litigation pending in any Court

The Owner through Architect shall intimate in writing about any Proceeding (Violation/ Misuse) or any   Litigation pending in any Court or authority with regard to the Commercial (SCFs, SCOs, Booths, Service Shops, Bay Shops and similar buildings), Residential and Industrial Buildings upto 2 kanal category governed by Architectural Control Sheets/ Frame Control Sheets/ zoning, at  the time of submission of building plans.

            11.1.2(iii)       Validity of Self Certification:

                        Self Certification of the Commercial buildings (SCFs, SCOs, Booths, Service Shops, Bay Shops and similar buildings), Residential and Industrial Buildings upto 2 kanal category governed by Architectural / Frame Control Sheets/ zoning given by the Registered Architect shall be valid for five years from the date of Self Certification of the Building plans and submission of sanctioned plan in the Estate Office, UT, Chandigarh.

 

            11.1.2(iv)  Damp Proof Course (DPC) Certificate:

The Registered Architect shall submit a Certificate that the construction of building has been completed upto DPC level as per the sanctioned plan under Self Certification Scheme.  The Estate Officer shall verify the certification and shall issue consent/ comments within 15 days of receiving such certificate.  The DPC certificate shall be deemed to be accepted, if it is in confirmity with the rules.

11.1.2(v)         Change of Owner / Architect / Structural Engineer / Licensed Plumber   during Construction:

After submitting the application or during the construction of building if the Owner/ Registered Architect / Registered Structural Engineer is changed, he/ she will  intimate the Estate Officer in writing that he/ she  is no longer responsible for the project from the date of actual dispatch of this letter. The information must be sent within seven days of occurrence of the change to the Estate Officer by the respective Owner/ Architect/ Structural Engineer. The construction work shall have to be suspended until the new owner / Architect/Structural Engineer, as the case may be, undertakes the full responsibility of the project with forms and documents submitted for erection/ re-erection of the building within seven days of such change. The Owner’s intimation regarding change of name of professionals or any other person authorized by him shall be considered to be final by the Estate Officer.

11.1.2(vi)         Action for Wrong Information:

If the Owner/ Architect/ Structural Engineer submits a wrong information while submitting application under the Chandigarh Building Rules (Urban) 2017  or if any additional construction or violation is reported to exist at site till completion or has  concealed any material fact or has misrepresented regarding completion of building along with its eligibility for seeking occupation certificate or before the Completion of such report,  he/ she shall be jointly and severely held responsible for the same.  Further, a complaint against such Architect for suspension/cancellation of his registration shall be forwarded to the Council of Architecture.  The owner shall also be  liable to pay penalty as decided by the Estate Officer, after giving an opportunity of hearing. Further, if it is emerged that the information is concealed by the Architect/ Structural Engineer, necessary penal action will be initiated along with debarring Architect/ Structural Engineer  from practice  in Chandigarh.

 

            11.1.2(vii)      Decision of the Competent Authority:

The Estate Officer, UT, Chandigarh reserves the right to check the building plans,  and construction at any stage and if any  violations are  found, the same shall have to be rectified by the owner. In case the owner fails to rectify the violations, the Estate Officer may take necessary steps to remove the violations. Further, action shall also be taken against the defaulting Architect by referring his case to the Council of Architecture for taking suitable action under the Architects Act, 1972 and the rules framed thereunder for the misconduct and further, he shall be debarred from practice in Chandigarh.  All rectifications shall be done at the risk and cost of the owner and no plea of the owner shall be entertained for any wrong action committed by the Architect engaged by him. In all such cases, the  self-certification  of  Building  Plans shall deemed to be cancelled and the deemed sanction of the building plans shall be revoked by Estate Officer.

                        At any stage during construction, if the Architect notices that the violations are taking place, he shall intimate to the Estate Officer about such violations along with photographs with regard to the violations and stop further supervision. He shall also intimate the owner about the violations and advise him to stop further construction. Complete details along with photographs shall be submitted to the Estate Officer. The Estate Officer shall immediately issue a notice to the owner on the basis of intimation received from the Registered Architect to suspend further work. In such cases the owner shall be held responsible for further additions and violations. Such a situation shall automatically annul the process of Self Certification.”

 

Ajoy Kumar Sinha, IAS

                                                                                                  Chief Administrator,

                                                                                    Union Territory, Chandigarh

 

 

5

Application Form

To

                        The Estate Officer,

                        Chandigarh Administration.

                        U.T., Chandigarh.

 

Subject:-         For sanction of Building Plan through Certification by an Architect registered with the Council of Architecture, New Delhi, for commercial site no. __________, Sector ___________, Chandigarh.

 

Sir/Madam,

 

            I/We are owner (s) of SCF/SCO/Shops/commercial site/Booth no. __________, Sector ________, Chandigarh. I/We wish to seek sanction of building plan of the above mentioned property under Self Certification Scheme by Architect.

 

            The requisite documents alongwith the sanctioned building plans in triplicate are attached for record and necessary action.

 

            The requisite documents as mentioned hereunder are attached herewith

 

1.          3 sets of Building Plans duly signed and stamped by registered Architect alongwith sanction letter as in Form K

 

            2.         Form ‘J’

 

            3.         Security fee and security fee receipts

 

            4.         Proof of ownership

 

Date :                                                                                      Signature________________

                                                                                                Name and address of the owner/(s)

                                                                                                Phone No.

 

 

6

 

FORM J

 

            Certificate:  to be submitted alongwith the building plans/drawings.

 

            1. Certified that the building plans submitted for approval satisfy the safety requirements as stipulated under Rule 40 of the Punjab Capital (Development and Regulation) Building Rules, 1952 and the information given therein is factually correct to the best of our knowledge and understanding.

 

            2. It is also certified that the structural design safety requirements for all situations including safety from natural hazards based on soil conditions and earthquake has been duly incorporated in the design of the building and these provision shall be adhered to during construction.

 

 

Signature of the                         Signature of the                        Signature of the

Owner with date                        Architect with date                               Structural Engineer with date

(Name in Block letter                (Name in Block letter               (Name in Block letter

and address)                               and address)                             and address)

 

 

7

 

FORM K

 

(Sanction Letter through Self-Certification)

 

Rule 11.1.2

 

To

                        The Estate Officer,

                        U.T., Chandigarh.

 

Subject:-         Sanction Letter of Building Plan of Plot no. __________, Sector ________ under Self Certification.

 

Sir/Madam,

 

            With reference to above cited subject, it is informed that I am an Architect registered with the Council of Architecture, New Delhi, having Registration No. ________ do hereby accord approval of building plans of Plot No. _______, Sector _______, governed by Architectural Control Sheet No. _______ and CBR (Urban) 2017, under Self Certification Scheme.

 

            It is certified that the above building plan is as per the Architectural Control Sheet Drawing No. _____ Job No. ______ issued by the Chandigarh Administration/obtained online from the official website of the Chandigarh Administration and as per the provisions of Chandigarh Building Rules (Urban) 2017, notified, --Vide No. 11/2/70-UTFI(4)-2017/6994A, dated 25th July, 2017 under the Capital of Punjab (Development and Regulation) Act, 1952, as amended from time to time.

 

            Accordingly, I am forwarding the plans of above site to your office. Further, the construction shall take place on this plot after 15 days from today, if no reply/objection is received from your office. Further, I shall abide by all the terms and conditions applicable under the notified Self Certification Scheme.

 

 

Date_____________

 

Signature_________________                                     Signature________________

[Name and Address of Owner/(s)]                                     (Name and Address of Architect)

Phone No. :                                                                            Phone No. with Stamp and Council

                                                                                                Registration No. :

Department: 
Finance Department