CHB to dissociate building violations

N C Bipindra / TNN / Dec 23, 2005, 03:08 IST

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CHB has decided to disassociate "transfer" of property and "building violations" carried out in its flats and houses by occupants.

CHANDIGARH: The Chandigarh Housing Board (CHB) has decided to disassociate "transfer" of property and "building violations" carried out in its flats and houses by occupants, except in two serious instances of non-sanctionable violation and encroachment.
It has also decided to ignore minor violations such as internal changes to buildings or extra coverage within the allotted area for the time being and for the purpose of transfer of ownership until a decision is taken on the matter by the Need-Based Changes Committee of the administration.
But these relaxations would not be allowed in case of fresh additions, alterations or violations and such new violations of any kind would be removed or stopped forthwith.
The decision would come as a major relief to CHB flats and house occupants, whose applications for change of ownership after they bought the house/flat from the original allottee were held up due to building violations of minor nature or sanctionable violations at the Estate Office.

CHB sources said the board held that both the original allottee and the transferee were equally liable for enforcement in case of building violations, but the nature of the violation should be serious enough to hold back the application for transfer of ownerships.
"It is in the interest of CHB that transfer of ownership is allowed. Minor issues should not hold up the transferee's right over the property, which was happening now with Estate Office strictly holding up the applications, where notices had been issued for violations," a senior CHB official told TNN.

Now, the CHB would view only two types of serious violations. These are: (1) non-sanctionable violation or creation of extra space such as going beyond the prescribed height by adding another storey that could cause accidents by collapse in the absence of proper structural stability strength norms and (2) any encroachment on common or government land outside the allotted area by construction of additional structure, temporary or permanent.
CHB members felt that building violations could be removed at any time before or after the transfer of property and it should not stand in the way of change of ownership. At the most, a fresh notice could be issued to the new owner.
However, the members expressed serious concern over the increase in building violations in the wake of a lull in the enforcement drives.
In case of the two serious violations, where notices had been issued already to the previous owner, transfer of ownership would be allowed only after the said violations were removed, the CHB decided.
If need be, the CHB would effect the removal of violations or the applicant for transfer of ownership would asked to do so.
The CHB inspections of buildings would also concentrate on the two serious violations, though the inspecting teams would make a mention of other minor violations too in their reports.

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