REGISTRATION OF ARCHITECT, ENGINEER,STRUCTURAL DESIGNER, CLERK OF WORKS, DEVELOPER.
9.1APPLICATION FOR REGISTRATION
The Competent Authority shall register Architect, Engineer, Structural Designer, Clerk of Works, Site Supervisor, Developer. Application for registration as Architect, Engineer, Structural Designer, Clerk of Works, Site Supervisor, Developer, shall be in Form No.10. Registration shall be valid for the period of five years or part thereof and shall be renewable or part thereof.
9.2REVOCATION OF REGISTRATION
A registration shall be liable to be revoked temporarily or permanently by the Competent Authority if the registered person is found guilty of negligence or default in discharge of his responsibilities and duties or of any breach of any of these Regulations.
Provided that he shall be given a show cause notice and afforded reasonable opportunity of being heard by the Competent Authority for the purpose of these Regulations.
9.3DUTIES & RESPONSIBILITIES
9.3.1GENERAL DUTIES AND RESPONSIBILITIES APPLICABLE TO ALL
(i) They shall study and be conversant with the provisions of the Local Acts, the rules and made thereunder, The Gujarat Town Planning & Urban Development Act-1976, the rules and regulations made thereunder, policy-orders and standing orders approved by the Competent Authority and the other instructions circulated by the Competent Authority and the provisions in force from time to time along with the instructions printed/mentioned on prescribed application forms & permission letter.
(ii)They shall inform the Competent Authority of their employment/assignment / resignation for any work within 7 days of the date of such employment / assignment / resignation.
(iii)They shall prepare and submit all plans either new or revised when necessary, required documents and other details they are required to do so in a neat, clean and legible manner and on a durable paper properly arranged and folded in accordance with the provisions prevailing time to time.
(iv)They shall submit plans, documents and details without any scratches or corrections. Only small corrections will be permitted with proper initials. They shall correctly represent all the site conditions including grown up trees.
(v)They shall personally comply with all requisitions/ queries received from the Competent Authority in connection with the work under their charge, promptly expeditiously and fully at one-time. Where they do not agree with requisitions/ queries ,they shall state objections in writing, otherwise for non-compliance of any requisition/query within stipulated time, the plans and applications shall be filed forthwith, and shall not be re- opened
(vi)They shall immediately intimate to the owners the corrections and other changes they make on the plans, documents and details as per requisitions/queries from the Competent Authority.
(vii)They shall clearly indicate on every plan, document&submission, the details of their designation such as registered Engineer, registered Structural Designer etc. with registration number with date, full name and their address below the signature for identification.
(viii)They or their authorised agent or employee, shall not accept the employment for preparation and submission of plans-documents and supervision of any work if the same is intended or proposed to be or being executed or already executed in contravention of provisions of Local Acts, Gujarat T.P. & U.D. Act-1976, rules, regulations and any orders made there under and any Regulations or rules for the time being in force under the Act.
(ix)The registered person shall apply for undertaking the responsibility for the particular work in the forms prescribed by the Appropriate Authority.
(x) The registered person shall provide the information and undertaking for the work undertaken by him in the forms prescribed by the Competent Authority from time to time.
(xi) They shall compulsorily appoint a clerk of works irrespective of type of building/construction in all building units having proposed built-up areas more than 1000 Sq.Mts. for over all constant supervision of construction work on site and such person appointed shall not be allowed to supervise more than one such site at a time.
(xii)The Architectural and Structural Designer shall be responsible for adhering to the provisions of the relevant and prevailing 'Indian Standard Specifications'. They will not be held responsible for the severe damage or collapse that may occur under the natural forces going beyond their design forces provided in the above 'Indian Standard Specifications'
(A) QUALIFICATION AND EXPERIENCE :
A person registered under the provision of Architect Act, 1972 as an Architect OR Bachelors Degree in Architecture/Diploma in Architecture Equivalent to B.Arch. with 2 yrs. experience.
(B) SCOPE WORK & COMPETENCE :
(i) Preparation & planning of all types of lay-outs & submission drawings and to submit certificate of supervision, progress report & certificate of completion for all types of buildings in accordance to the provisions of building regulations
(ii) Supervision execution of construction work as per specifications & drawings prepared by authorised registered structural designer & engineer.
(C) DUTIES AND RESPONSIBILITIES :
(a) He/she shall be responsible for making adequate arrangements to ensure not only that the work is executed as per the approved plans but also is confirmation with the stipulations of the National Building Code and the I.S.I. standards for safe and sound construction and non-hazardous, functioning of the services incorporated in the building and for making adequate provisions for services and equipment for protection from fire hazards as per the stipulations of the National Building Code in the buildings and shall obtain N.O.C. from the Chief Fire Officer or concerned designated Authority/Consultant before applying for occupation certificate.
(b) He or She shall, on behalf of the owner, submit the progress certificates,completion certificates and the occupation certificate and obtain the same as required under the regulations
(c) If the services of the registered architect are terminated, he shall immediately inform the Competent Authority about his termination and the stage of work at which his services have been terminated. The registered architect appointed as replacement of the preceding architect shall inform about his appointment on the job, and inform the Competent Authority of any deviation that might have occurred on the site with reference to the approved drawings and the stage at which he is taking over the charge. After Competent Authority has inspected the site for his report, the newly appointed architect shall allow the work to proceed under his direction.
(d) The registered architect appointed on the work shall inform the Competent Authority immediately on termination of the services of the registered/structural designer, construction contractor, clerk of works, site supervisor, plumber or electrician and shall not allow the work to continue till the vacancy is filled by appointment of another person and the certificate of appointment of such person is submitted in the appropriate Authority.
(e) He or she shall instruct the relevant agency that adequate provisions are made for ensuring the safety of workers and others during excavation, construction and erection.
(f) He or she shall instruct the relevant agency that adequate provisions are made for providing safe and adequate temporary structures required for construction and development.
(D) REGISTRATION :
(i) The registration fee if any shall be payable as prescribed by the Competent Authority from time to time.
(ii) The Competent Authority may black-list an architect in case of serious defaults or repeated defaults and shall inform the council of Architect, India to take suitable action against such person under the provisions of Architect Act-1972. The registration shall be liable to be revoked temporarily orpermanently by the Competent Authority in such cases of negligence or default.
9.3.3 ENGINEER :
(A) QUALIFICATION AND EXPERIENCE
A degree in Civil Engineering or Associate Membership (Civil Engineering) of the Institution of Engineers, India (AMIE) or building construction or its equivalent qualification recognised by All India Board of Technical Education or a Diploma in Civil Engineering or Diploma in building construction recognised by State Board of Technical Examination of any State of India. In addition to the qualifications stated above, the applicant should have at least five years experience in professional work if he is a holder of a Diploma in Civil Engineering/or AMIE.
(B) SCOPE OF WORK & COMPETENCE :-
(i)Preparation & planning of all types of lay-outs except special structures as shown in regulation No.18.1 & submission drawings and to submit certificate of supervision & completion for all types of buildings. Provided person having qualification of a Diploma in Civil Engineering shall be permitted for low rise buildings only.
(ii) Supervision & execution of construction work as per specifications & drawings prepared by authorised registered structural designer.
(iii) He/she can prepare & submit structural details & calculations for buildings of load bearing structures.
(C) DUTIES AND RESPONSIBILITIES:-
As per 9.3.2(c), with reference to engineer in place of Architect.
(D) REGISTRATION :-
(i)The registration fees if any shall be payable as prescribed by the Competent Authority from time to time.
(ii)If he/she is found negligent in his/her duties & responsibilities. The Competent Authority may black-list an Engineer in case of serious defaults or repeated defaults and shall inform the Institution of Engineers, India to take suitable action against such person. The registration shall be liable to be revoked temporarily or permanently by the Competent
Authority in such cases of negligence and default.
Authority in such cases of negligence and default.
9.3.4 STRUCTURAL DESIGNER
(A) QUALIFICATION AND EXPERIENCE:-
A Degree in Civil Engineering or its equivalent qualification recognised by All India Council of Technical Education or Associate Member (Civil Engineer) of the Institute of Engineers. In addition to above qualification, the applicant should have at least five years experience in structural design, two years of which must be in a responsible capacity in form of structural designer.
A Master's degree in structural engineering from a recognised institute and at least two years experience in structural design work.
A Doctor's degree in structural design from a recognised institute and at least one year experience in structural design work.
(B) SCOPE OF WORK & COMPETENCE:-
To prepare & submit structural details for -
i) All types of Buildings.
ii) Special structures.
(C) DUTIES AND RESPONSIBILITIES:-
(a)To prepare a report of the structural design.
(b) To prepare detailed structural design and to prescribe the method and technique of its execution strictly on the basis of the National Building Code or relevant Indian Standard specifications.
(c) To prepare detailed structural drawings and specifications for execution indicating thereon, design live loads, safe soil bearing capacity, specifications of material, assumptions made in design, special precautions to be taken by contractor to suit the design assumptions etc. whatever applicable.
(d)To supply two copies of structural drawings to the site supervisor.
(e)to inspect the works at all important stages and certify that the work being executed is up to the satisfaction of the Architect/Engineer.
(f)To certify the structural safety and overall structural soundness of the building to the Architect/Engineer.
(g) To advise the Owner/Architect/Engineer for arranging for tests and their reports for soil, building material etc. for his evaluation and design consideration.
(h) He shall prepare the revised calculations & drawings in case of any revision with reference to the earlier submission of drawing & design in a particular case.
(i) To submit the certificate of structural safety and over all structural soundness of building to Competent Authority.
(j)To inform in writing the Competent Authority within 7 days, if for any reason he is relieved of his appointment/responsibilities as the registered Structural designer for the development.
(k)Not to provide services to further or advance work of any type on any development that does not comply with the regulation or is unauthorised as per the GDCR.
(D) REGISTRATION :-
As per 9.3.2 (D), with reference to structural designer in place of Architect.
9.3.5 CLERK OF WORKS / SITE SUPERVISOR :
(A) QUALIFICATION AND EXPERIENCE:-
A Degree in Civil Engineering or its equivalent qualification recognised by All India Board of Technical Education or Diploma in Civil Engineering recognised by State Board of Technical Examinations of any state in India. A degree in Architect or diploma in Architect equivalent qualification to degree.
In addition to the above qualifications, the applicant should have at least three years experience in professional work if he is an holder of Diploma in Civil Engineering and must have at least one year experience if he is an holder of Degree in Civil Engineering. or degree in Architecture.
Diploma in Building construction technology from a recognised institute & at least five years experience in building construction Line.
Bachelor's degree with specialised training in building construction and technology at Bachelor's level from a recognised institute and at least two years experience in construction work.
(B) SCOPE OF WORK:-
Execution of all framed structure high rise buildings, public buildings, buildings with basement/cellar, and irrespective of above type of buildings/construction in all building units having built-up area more than 1000 Sq.mt.
(C) DUTIES AND RESPONSIBILITIES :-
(a)To adhere strictly to the structural drawing specifications and written instructions of the structural designer and architect/Engineer.
(b)To follow the provisions of N.B.C.or I.S.specifications as regards materials, components, quality control and the process of construction.
(c)To provide for safety of workers and others during excavation, construction and erection.
(d)To provide safe and adequate temporary structure required for construction & erection.
(e)To bring to the notice of the structural designer and Architect/ Engineer/ any situation or circumstances which in his opinion are liable to endanger the safety of structure.
(f)To deposit with the Competent Authority one set of working drawings of the works executed along with the progress certificates before proceeding to the next stage of the work.
(g)He shall be in charge of site and responsible for overall supervision of the work.
(h)He shall ensure that all the works under his charge are carried out in conformity with the approved drawings and as per the details and specifications supplied by the registered Architect/Engineer/.
(i)He shall take adequate measures to ensure that no damage is caused to the work under construction and the adjoining properties.
(j)He shall also ensure that no undue inconvenience is caused in the course of his work to the people in neighbourhood.
(k)He shall also ensure that no nuisance is caused to traffic & neighbouring people by way of noise, dust, smell, vibration etc. in the course of his work.
As per 9.3.2 (D).
(A) QUALIFICATION AND EXPERIENCE:-
The person/firm acting as Developer shall be of proved merits and experience.
(B) DUTIES AND RESPONSIBILITIES.
The responsibilities of developers shall be:
1.To obtain and submit to the Competent Authority, along with application for development permission, each progress report and application for occupation certificate.
2.To appoint a Registered Architect/ Engineer and Structural Designer.
3.To obtain at relevant stages certificates from them, for submission to the Competent Authority, that in designing the real estate development and providing detailed drawings and specifications for it they have complied with requirements as laid out in the GDCR.
4.to appoint a registered site supervisor.
5.To obtain and adhere to the quality assurance procedure prepared by the registered site supervisor.
6 To adequately enable the site supervisor to carry out his responsibilities.
7.To certify along with the site supervisor that construction of the real estate development has been carried out as per the design, detailed drawings and specifications provided by the Architect/Engineer and the Structural Designer.
8To obtain development permission from the Competent Authority prior to commencement of construction of the real estate development
9.To regularly submit progress reports and certificates as required by the Competent Authority.
10To inform in writing the Competent Authority within 7 days, if for any reason he ceases to be the developer or is relieved of his responsibilities as the developer of the real estate development
11To inform in writing the Competent Authority within 7 days, if for any reason any of the registered professionals appointed by him have been relieved of their responsibilities.
12The appointment of the registered Architect/ Engineer shall mean that he has authorised the Architect/Engineer to do all things necessary and to take all adequate measures for preparing the design, drawings and specifications for the project and to appoint on his behalf appropriate persons to act as registered, clerk of works site supervisor, required for the proper execution of the project and to retain on behalf of the owner any other specialist or expert required on the work of the project.
13.He shall not cause or allow any deviations from the approved drawings in the course of the execution of the project against the instruction the instruction of Architect /Engineer /Site Supervisor/Clerk of Works/Structural Designer and shall bear all responsibility for any irregularity committed in the use and function of the building or its parts for which the approval has been obtained.
14.When no registered construction contractor or site supervisor is required to be appointed and not appointed he shall be responsible for their duties and responsibilities under the Regulations.
15.He shall not commence the use of building or shall not give the possession to occupy the building to any one before obtaining the occupancy certificate from the Competent Authority.
16. He shall provide adequate safety measures for structural stability and protection against fire hazards likely from installation of services like electrical installation, plumbing, drainage, sanitation, water supply etc. wherever required under the regulations.
17.He shall exhibit the names of registered persons only, on site and no additional names will be exhibited/displayed.
18.He shall explain the construction design and its intended use as per approved plan only, to the prospective purchaser of the premises under construction.
(C) REGISTRATION :-
As per 9.3.2 (D).
9.3.7 RESPONSIBILITIES OF OWNERS
126.96.36.199 THE RESPONSIBILITIES OF AN OWNER SHALL BE:
(i) To appoint a registered architect/engineer and structural designer;
(ii) To obtain at relevant stages, for submission to the Competent Authority, certificates from them that in designing the development and providing detailed drawings and specifications for it they have complied with requirements as laid out in the GDCR.
(iii) to appoint a registered site supervisor.
(iv) To obtain and adhere to the quality assurance procedure prepared by the registered site supervisor.
(v) To adequately enable the site supervisor to carry out his responsibilities.
(vi) To certify along with the site supervisor that construction of the development has been undertaken as per designs, detailed drawings and specifications provided by the Architect/Engineer and the Structural Designer.
(vii) To obtain development permission from the Competent Authority prior to the development.
(viii)To regularly submit progress reports and certificates as required by the Competent Authority.
(ix) To obtain an occupancy certificate from the Competent Authority prior use being made of the development.
(x) To inform in writing the Competent Authority within 7 days, if for any reason he ceases to be relieved of his responsibilities as the owner of the development.
(xi) To inform in writing the Competent Authority within 7 days if for any reason any of the registered professionals appointed by him have been relieved of their responsibilities.
9.4 APPOINTMENT OF EMPLOYEES
9.4.1 IN CASE OF TERMINATION OF EMPLOYEES:
In case of termination of employment of any of the persons employed under Regulations. It shall be the duty of the person employed to intimate immediately in writing to the Competent Authority specifically indicating the stage up to which he has supervised the construction. In the absence of any such intimation and until such intimation has been received, person so last engaged shall be deemed to continue to supervise the work in question.
9.4.2 IN CASE OF DEATH OF EMPLOYEES:
Where any of the persons employed under these Regulations and required for the execution of the projects dies or ceases to be employee before such building work is completed, the further erection of such building or the further execution of such work shall forthwith be suspended until another person as required under these Regulations is engaged and his name has been duly communicated
to the Competent Authority.