Move to bring relief to homeowners facing uncertainty over house modifications; residents must submit documents and meet prescribed conditions
By The Realty Times | Real Estate News Services
Chandigarh:
The Chandigarh Housing Board (CHB) has decided to protect existing construction
and modifications carried out under its earlier need-based change policies,
providing significant relief to homeowners who have faced uncertainty because
of repeated changes in building regulations.
The decision is expected to benefit owners of
independent houses who made additions or alterations in accordance with the
rules permitted at the time. Under the proposed framework, eligible
construction will be allowed to remain, subject to specified conditions,
documentation and payment of applicable charges.
The move aims to address a long-standing concern among
residents: modifications that were permitted under an earlier policy were
sometimes treated as violations after the rules were revised. This situation
exposed homeowners to notices, possible demolition and legal disputes.
Under the proposed framework, eligible homeowners will
have three months to disclose construction carried out under previous CHB
need-based change orders.
They will be required to submit building plans
certified by a registered architect, along with a structural stability
certificate in the prescribed format under the Chandigarh Building Rules
(Urban), 2017. Any outstanding charges applicable to the permitted
modifications must also be paid.
The CHB will examine the submitted documents and
update its records wherever the construction complies with the relevant policy
provisions.
If officials identify deviations that cannot be
regularised or compounded, the allottee will be informed within 60 days and
required to remove the violations.
The framework also clarifies that homeowners will not
be treated as violators merely for failing to obtain separate prior permission
for construction covered by the board's earlier need-based change orders.
The CHB's need-based change policies have undergone
several revisions over the years. Changes that were permitted under earlier
rules were subsequently restricted or treated as violations under later
policies, creating uncertainty for homeowners.
The new framework seeks to prevent residents from
facing retrospective hardship for construction undertaken in accordance with
the rules applicable at the time.
The decision follows continued demands from residents
and housing associations for greater consistency in the implementation of
building regulations. It also seeks to address concerns relating to demolition
notices, financial losses and prolonged litigation.
The CHB board of directors has approved the framework,
but it will come into effect after formal notification. Homeowners should
therefore follow the final notified provisions and application procedures
before seeking recognition of their existing construction.
The decision represents an important step towards
balancing residents' housing needs with building safety, planning regulations
and legal compliance. For eligible homeowners, it could provide greater clarity
about the status of modifications made under earlier policies and reduce the
uncertainty caused by successive regulatory changes.

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