04- PROFESSIONALS GUIDE



APPENDIX-II

GUIDE FOR THE QUALIFICATIONS AND COMPETENCE OF PROFESSIONALS

A-1 ESSENTIAL REQUIREMENTS

A-1.1 Every building/ development work for which permission is sought under the code shall be planned, designed and supervised by registered professionals. The registered professionals for carrying out the various activities shall be: (a) architect, (b) engineer, (c) structural engineer, (d) supervisor, (e) town planner, (f) landscape architect, (g) urban designer, and (h) utility service engineer, Requirements of registration for various professionals by the Authority or by the body governing such profession and constituted under a statute, as applicable to practice within the local body’s jurisdiction.

Provided that no such license/ enrollment of technical personnel shall be necessary for various works of building permit in case of boundary walls, residential single storeyed A.T. building upto plinth area of 140 sq m and commercial building of single storeyed A.T. upto plinth area of 75 sq m. However considering the topography and other peculiar nature of plot and proposed construction the Authority may also require such schemes to be submitted by licensed/ enrolled technical personnel.

A-2 REQUIREMENTS FOR REGISTRATION AND COMPETENCE OF PROFESSIONALS

A-2.1 Architect

Practice of profession of Architecture by the registered architect should strictly be as per provision of the Architects Act, 1972 and their competence be as per comprehensive services as specified in Architect (Professional Conduct) Regulation, 1989.

A-2.2 Engineer

The minimum qualifications for an engineer shall be graduate in civil engineering/ architectural engineering of recognized Indian or foreign university, or the Member of Civil Engineering Division/ Architectural Engineering Division of the Institution of Engineers (India) or the statutory body governing such profession, as and when established.

A-2.2.1 Competence

The registered engineers shall be competent to carryout the work related to the building/ development permit as given below:

(a) All plans and informations connected with building permit;

(b) Structural detail and calculations of buildings on plot upto 500 m2 and upto 5 storyes or 16 m in height;

(c) Issuing certificate of supervision and completion for all buildings;

(d) Preparation of all service plans and related information connected with development permit; and

(e) Issuing certificate of supervision of land for all area.

A-2.3 Structural Engineer

Civil engineering of recognized Indian or foreign university, or Corporate Member of Civil Engineering Division of Institution of Engineers (India), and with minimum 3 years experience in structural engineering practice with designing and field work.

Note:- The 3 years experience shall be relaxed to 1 year in the case of post-graduate degree of recognized Indian or foreign university in the branch of structural engineering. In case of doctorate in structural engineering, is not required.

A-2.3.1 Competence

The registered engineers shall be competent to prepare the structural design, calculations and details for all buildings and supervision.

A-2.3.1.1 In case of buildings having special structural features, as decided by the Authority, which are within the horizontal areas and vertical limits specified in A-2.2.1 (b) and shall be designed only by structural engineers.

A-2.4 Supervisor

The minimum qualifications for a supervisor shall be diploma in civil engineering or architecture or engineering equivalent to the minimum qualification prescribed for recruitment to non-gazetted service by the Government of India plus 5 years experience in building design, construction and supervision.

A-2.4.1 Competence

The registered supervisor shall be competent to carryout the work
related to the building permit as given below:

(a) All plans and related information connected with building permit for residential buildings on plot upto 100 m2 and upto two storyes or 7.5 m in height; and

(b) Issuing certificate of supervision for buildings as per (a).

A-2.5 Town Planner

The minimum qualification for a town planner shall be the graduate/postgraduate degree in Town planning from recognized institute or qualifications required for Associate Membership of the Institute of Town planers India.

A-2.5.1 Competence

The registered town planner shall be competent to carryout the work related to the development permit as given below:

(a) Preparation of plans for land sub-division/ layout and related information connected with development permit for all areas.

(b) Issuing of certificate of supervision for development of land ofall- areas.

Note: However, for land layouts for development permit above 5 hectare in area, and for land development infrastructural services for roads, water supplies, sewerage/ drainage, electrification, etc, the registered engineers for utility services shall be associated.

A-2.6 Landscape Architect

The minimum qualification for a landscape architect shall be the bachelor or master’s degree in landscape architecture or equivalent from recognised Indian or foreign university.

A-2.6.1 Competence

The registered landscape architect shall be competent to carryout the work related to landscape design for building/ development permit for land areas 5 hectares and above. In case of metro-cities, this limit of land area shall be 2 hectare and above.

Note: For smaller areas below the limits indicated above, association of landscape architect may also be considered fromthe point of view of desired landscape development.

A-2.7 Urban Designer

The minimum qualification for an urban designer shall be the master’s degree in urban design or equivalent from recognized Indian or foreign university.

A-2.7.1 Competence

The registered urban designer shall be competent to carryout the work related to the building permit for urban design for land areas more than 5 hectares and campus area more than 2 hectares. He/She shall also be competent to carryout the work of urban renewal for all areas.

Note: For smaller areas below the limits indicated above, association of urban designer may be considered from the point of view of desired urban design.

A-2.8 Engineers for Utility Services

For building identified in 12.2.5.1, the work of building and plumbing services shall be executed under the planning, design and supervision of competent personnel. The qualification for registered mechanical engineer (including HVAC), electrical engineer and plumbing engineers for carrying out the work of air-conditioning, heating and mechanical ventilation, electrical installations, lifts and escalators and water supply, drainage, sanitation and gas supply installations respectively shall be as given in Part 8 ‘Building Services’ and Part 9 ‘Plumbing Services’ or as decided by the Authority taking into account practices of the National professional bodies dealing with the specialist engineering services.

A-2.9 Geotechnical Engineers shall mean a Civil Engineer having at least 2 (two) years experience in soil and foundation engineering under similar soil/ geotehnical/ soil condition.

A-2.9.1 Competence

To do all geotechnical investigation related to building construction.

A-3 BUILDER/ CONSTRUCTOR ENTITY

The minimum qualification and competence for the builder/ constructor entity for various categories of building and infrastructural development shall be as decided by the Authority to ensure compliance of quality, safety and  Construction practices as required under the Code.

A-4 GROUP OR AGENCY:

When an agency or group comprising of qualified Architect/ Engineer/ Supervisor is practicing, then the qualifications and competence of work will be combination of the individual qualifications and competence, given under A- 2.1, 2.2, 2.3, 2.4, 2.5, 2.6, 2.7,2.8 and the agency shall be licensed by the Authority.

A-5 ANNUAL RATE OF LICENSE/ ENROLMENT FEES OF TECHNICAL PERSONNEL:

Architect/ Engineer/ Group/ Agency/Others.

(a) Rs. 1500.00 (Rupees one thousand five hundred) only per year.

(b) Rs. 500.00 (Rupees five hundred) only for a single multistoreyed commercial building, apartment, residential and others. Supervisor:

(a) Rs. 1000.00 (Rupees one thousand) only per year.

(b) Rs. 500.00 (Rupees five hundred) only for single multistoreyed project. Renewal of license/ enrolment shall be made. Annual renewal fees to be equivalent to original fees provided that no renewal of license/ enrolment is permissible for single project.

(c) Rs. 250.00 (Rupees two hundred fifty) only for a single residential building.

PROCEDURE FOR APPLICATION OR LICENSE/ ENROLMENT IN THE AUTHORITY

The Architect/ Engineer/ Group/ Agency/ Supervisor may apply in prescribed form (Form A & B) to the Authority with necessary fees as prescribed for license/ enrolment by the Authority.

DUTIES AND RESPONSIBILITIES OF LICENSED TECHNICAL PERSONNEL:

(i) It will be incumbent on every licensed technical personnel in all matters in which he/she may be professionally consulted or engaged to assist and cooperate with the Authority in carrying out and enforcing the provision of GMDA Act and any rules and Byelaws being in force under the same.

(ii) Every technical personnel shall in every case in which he may be professionally consulted or engaged be responsible so far as his professional connection with such case extends for due compliance with the provisions of GMDA Act and any rules and Byelaws for the time being in force under the said Act and in particular it will be obligatory on him to satisfy himself that all works are carried out as per rules and to prevent the use of any defective material therein and improper execution of any such work.

(iii) When a licensed Technical Personnel ceases to be in the employment for the development work, he shall report the case forthwith to the Authority.

(iv) Licensed technical personnel shall be required to submit a certificate (enclosed at Annexure-I) for designing/ supervision of proposed R.C.C. building of above 2nd floor.

PENAL ACTION AGAINST DEFAULTING ARCHITECTS/ ENGINEERS/ GROUPS/ SUPERVISORS:

The Authority reserves the exclusive right to declare black listed, cancel license or take any other action that the Authority may decide to take against Architect/ Engineers/ Groups/ Supervisors if found to have diverged from the aesthetic and professional conduct or has made any misstatement or has misrepresented any material fact or has suppressed material facts.

MISCELLANEOUS:

1. Provided that no such license/ enrolment will be required if the applicant himself is Technical Personnel with qualification as given in CL. 1 of these provisions.

2. Provided that no license fees will be required as given in CL. 2 of this provision for Architects registered under the Architects Act, 1972. any other fees as per CL A-5 are not applicable.

3. In the event of any doubt or disputes about any question relating to the above provisions, the Authority’s decisions shall be final and binding on all concerned

APPENDIX-III

Penalties to be levied for violations of provisions of Master Plan/ Zoning Regulations & Byelaws.

(i) All provisions of Byelaws except items given below shall not be compounded/ regularized and shall have to be rectified by alteration/ demolition at the risk and cost of owner.

Compoundable Items:

(1) Coverage - Maximum of 5%
(2) F.A.R. - Maximum of 10%
(3) Setback - Upto 2′-6″
(4) Open space - maximum 10% reduction
(5) Total height of building - 1.5%

Non compoundable Items:

(1) Use of building

(2) Addition of extra floor

(3) Parking norms

(4) Projection/ encroachment of public land.

Note: Additional floors will mean additional floors beyond the compoundable FAR. Compoundable Items

If a building or part thereof has been constructed unauthorisedly i.e. without obtaining the required building permit from the Authority as required by Building Byelaws the same shall be compounded at the following rates provided the construction otherwise conforms to the provisions of Building Byelaws & Master Plan and Zoning Regulations. For this party shall have to submit the request for permission in the prescribed procedure to the Committee headed by Vice Chairman in case of GMDA and Standing Appeal Committee in case of GMC.

Rates

(1) For building built prior to 1998.

(i) Five times the rate of normal permission fees for residential, public & semi public, institutional, educational buildings.

(ii) Ten times the rate of normal permission fees for commercial apartment, industrial & similar buildings.

(2) For buildings built after 1998 upto 2002.

(i) In addition to the rates prescribed in (I), the normal building permission fees will be charged.

N.B.: For incomplete building, the regularization fees to be computed on pro-rata basis.

(3) Rates for deviation of the Building Byelaws other than non-compoundable items specified in (i) of appendix –III shall be compounded at following rates for building constructed upto 2002.

(i) Rs. 500.00/sq.mtr. of area to be compounded for residential, public & semi public and educational buildings.

(ii) Rs. 3000.00/Sq.mtr. of area to be compounded for commercial, apartment, industrial buildi

N.B: (i) 5% escalation charge /year will be added for buildings constructed after 2002.

(ii) The buildings not covered specifically under above categories shall be compoundable as decided by the Authority considering the merit of each case.

Residential & non residential buildings:

Upto 0.15mtr - No penalty
Above 0.15 mtr to 0.3 mtr - Rs. 10.00 per sq. mtr.
Above 0.30 mtr to 0.75 mtr - Rs. 20.00 per sq. mtr.

If a building has more than one violation the total regularisation fee will be calculated after considering each violation separately as per these provisions.

Note: The Authority may however refuse regularisation of construction even with penalties as specified in the above provisions if in the opinion of the Authority this may infringe public safety and general environment of adjoining area.

APPENDIX- IV
Indemnity Bond for Basement/ Building/ Wall (For GMDA)

(To be submitted on non-judicial stamp paper of Rs. 10 duly attested by the Magistrate.)

            This Indemnity Bond is executed by Shri………………… hereinafter called the owners of ………………….. Guwahati in favour of GMDA, its successors or entitled.

            Whereas the owner have submitted the plan of basement under building/ wall whereas he represented to the GMDA that if sanction is granted for the construction of the said basement/ building/ wall the owners shall indemnify the GMDA of any loss at the time of digging of foundation of the said basement/ building/ wall/ hill cutting or in the course of construction of the basement/ wall/ hill cutting or even thereafter.

            And whereas the said owners have further agreed to indemnify the GMDA of any claims put up against the GMDA either by way or damage, compensation or in any other way in case the GMDA is required to pay any such amount to any person or the owner or owners of the adjoining properties. The owners hereby agree and undertake to indemnify the GMDA to pay full extent of the amount the GMDA may require to pay in the extent herein above mentioned.

The owners further undertake and agree to indemnify the GMDA for any such amount the GMDA may require to pay either by way of compensation or damage or any other amount and further undertake to indemnify the GMDA of all cost and expenses that the GMDA may require to defend any such action in any court of law. The owners undertake that no excavation shall be carried out beyond the boundaries of
the plot. Any damage occurring during or due to the excavation made at site to public sewers, water drains/ road shall have to be made good by the owners.

In consideration of the above matter, undertaking and indemnity given by the said owners the GMDA hereby under in this behalf grant the sanction in the said basement/ building/ wall to the said owners.

In witness hereof the owner above-mentioned put their hands and seal to the said indemnity bond on this ……………………………………………

Witness:

1. ………………………………………… 1. …………………………………
2. ………………………………………… 2. ……………………………………                                                                                                                                                                                                                
(EXECUTANTS)

N.B. Authority will ask for this Bond for building with Basement/ 4 storey and above/ in hills and in special cases where Authority may require.

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