DCR clause holds many liable for bldg flaws
The notice hence suggested modification in the regulations sub-section (1AA) of section 37 of the Maharashtra and Town Planning Act, 1966.
Mumbai: As per a new clause being added to development control rules by the urban development department, the architect, site engineer, construction company, contractor and sub-contractor will now be liable for structural flaws or defects in a building of 20,000 square metres and above for a period of 10 years from the date of grant of occupation-cum-building completion certificate. Currently, there is nothing to make developers accountable for the quality of construction.
According to the notice dated March 8, regulations in development control rules deal with qualifications and duties to be performed by licensed technique personnel. In its 2017 report, World Bank observed that the quality control index include latent defect liability period for ranking construction permits. Hence, the urban development department opined that responsibility be fixed on licensed technical personnel in respect of structural flaws or defects in buildings. The notice hence suggested modification in the regulations sub-section (1AA) of section 37 of the Maharashtra and Town Planning Act, 1966.
The new provision to be inserted reads, “Any or all of the following shall be held liable for any structural flaws or defects in the building with built-up Area 20,000 square metre and above for a period of 10 years after the date of grant of occupation-cum-building completion certificate, except in case of natural calamities, damages due to war and riots. The people who can be held liable are the architect, license surveyor, structural engineer, site supervision, site engineer and the construction company, including the contractor, sub-contractor, consultants appointed for various activities involved in construction work.”
Meanwhile, Arqam Shaikh, ARC Associates, an architectural firm dealing in BMC approvals for construction, rued, “The government should hold BMC responsible, as they are the ones who pass certificates to us only after all procedures are followed. We are merely doing our work; holding us responsible isn’t a good thing.”