Chandigarh panel for allowing sheds in backyard, changes in FAR rules

Dushyant Singh Pundir

Chandigarh, July 19

An 11-member committee, headed by MP Kirron Kher, constituted to streamline the process of the Estate Office has recommended major relief measures for city residents.

Among the recommendations, it has said retractable/temporary roof should be allowed on open courtyard in the front and rear of the building without considering it as modification in building and floor area ratio (FAR).

The committee was constituted by the UT Administrator on October 5, 2021, on the directions of the Supreme Court to streamline property-related processes of Estate Office.

The committee has recommended that for availing additional FAR, the administration should adopt a different formula for different type of properties.

It has directed that a sub-committee of Assistant Estate Officer, CHB Secretary and MC Joint Commissioner should recommend a different formula for different type of properties.

Currently, rates of additional purchasable FAR are same for commercial, residential, institutional properties.

Majority of restaurants are being operated in Sectors 26 and 7. Open courtyard is designed in the front and rear of the building. The committee has recommended that retractable/temporary roof be allowed without considering it as any modification in building and FAR. However, non-sanctionable violations not conforming to the Chandigarh Building Rules (Urban)-2017 and Chandigarh Master Plan-2031 should be removed by owner/occupier. The UT Chief Architect has been directed to examine the issue and submit a report to the administration. The Chief Fire Officer was directed to examine and submit a report regarding fire safety if open courtyard is covered by retractable/temporary roof.

Further, the Estate Office has issued various show-cause notices to owners. A notice of no less than 15-day period is served to submit building plans. As per present rules, notices are vacated after the approval of such building plan. However, penalty is levied from the date of issuance of show-cause notice to the date of submission of the revised building plan.

On the issue, the committee has recommended that 45-day period be given to all such owners for submission of the sanctionable building plan. Rules should be amended in such a way that penalty be levied after 45 days of issuance of notice.

The committee decided that instead of market value based on average of auctions, the collector rate should continue to be variable while calculating conversion charges.

11-member committee recommendations

• For availing additional floor area ratio (FAR), admn should adopt different formula for different properties
• Temporary backyard shed not be considered modification in building and FAR
• 45-day period be given to owners for submission of sanctionable building plan
• Conversion charges be considered as per collector rate and not current value
• Penalty be levied after 45 days of issuance of show-cause notice