Owners’ liability: Neither the granting of the permission nor the approval of the drawing and specification, nor inspection by the Authority or the empanelled professional during erection of the building shall in any way relieve the Owner of the building or the promoter on behalf of the owner, from full responsibility for carrying out work in accordance with these Bye-Laws.
3.16.2 Commencement of work:
The owner, within the validity period of the building plan sanction given, shall start the construction work at the site for which building license has been granted under the supervision of the professionals on record as per the competence given notified by the Government. The owner and the professionals on record for supervising the works at site shall be required to follow the procedure during construction work as prescribed in these bye-laws.
3.16.3 Appointment of professionals on record for supervision
The owner, to whom a licence is issued, shall appoint the required number of professionals on record as notified by the Government, to supervise the construction of the various components of the building, before the commencement of works at site and also specify the principal professional on record for supervision of works who shall issue the completion certificate.
3.16.4 Intimation of commencement of work at site and issuing commencement certificate
(1) The applicant and the principal professional on record for supervising the works executed at site (and in the absence of appointment of such professional on record, the professional on record for preparing the Architectural drawings for sanction), shall intimate the Authority within the 5th day of every three month from the date of sanctioning the building licence, that the construction work has not commenced at site, along with the letter of undertaking in that the work has not commenced at site.
(2) The Applicant and the principal professional on record for supervising the works, shall intimate the Authority at least one day before the commencement of works at site.
(3) The Commissioner of the Authority shall issue Commencement Certificate in Form VIIIA within seven days of receiving satisfactory inspection report from the Empanelled Professional regarding the commencement of foundation work at site.
3.16.5 Documents at Site:
(1) The person to whom a licence is issued shall, during construction, display in a conspicuous place on the exterior wall / fence near the entrance gate to the site, in Form-IX.
(2) The details specified in Appendix-XI shall be maintained in the site office throughout the period of construction, until occupation certificate is issued by the Authority and shall be available for verification of the Authority or the empanelled professional appointed by the Authority for certification of works
3.16.6 Preparatory works at site that need not be intimated
The following works may be carried out in the site without intimation to the Authority
(a) Temporary fencing of the boundaries of the site with required number of gates.
(b) Temporary site office, stores, toilets, laboratory, medical facilities for workers etc.
(c) Temporary accommodation, dining, kitchen and toilets for workers.
(d) Day care facilities for the children of workers, etc.
(e) Foundation and other temporary structures for erecting of plant and machinery, water tanks etc.
(f) Advertisement board of the project to be erected.
Such other temporary structures to facilitate the construction of the sanctioned building but not part of the sanctioned building.
3.16.7 Procedure during construction
(1) The Applicant and the principal professional of record for supervision of works shall intimate the Authority in, the completion of various stages of construction prescribed in Appendix-XII, for certification by Empanelled professional.
(2) On receiving the intimation from the Applicant, the Authority shall inform the selected Empanelled professional to certify the stage of completion of work intimated.
(3) The Empanelled professional shall inspect the site and after checking the work completed as indicated, certify the same in Form-X within three days of receiving intimation.
(4) During inspection, according to the Empanelled professional, if the work executed by the Applicant is not as per the approved plans, specifications and other provisions of these Bye-laws, he shall intimate the Authority in Form-X, stating the defects in the works executed, along with the photos of such defective works.
(5) On receiving intimation from the Empanelled professional regarding the defects in the works executed at site, the Commissioner of the Authority shall issue endorsement to the Applicant in Form-XI, to rectify the defects, as indicated by the Empanelled professional.
(6) On receiving the endorsement from the Authority, the Applicant shall rectify the defects and intimate the Authority.
(7) According to the Applicant or the concerned professional on record for supervision of work (for which endorsement is received from the Authority), if the defects mentioned in the endorsement is incorrect, the Applicant may file objection, to the Authority, stating the correctness of the works executed, along with the photos to prove the correctness, if required.
(8) If objection is received from the Applicant, the Commissioner of the Authority shall conduct joint inspection along with the Applicant, the concerned professional on record and the Empanelled professional by giving notice to all, to conduct joint inspection within seven days of receiving objection.
(9) During the joint inspection, the Commissioner of the Authority, after hearing the views of both the parties, shall either accept or reject the objection raised by the Applicant and instruct the Applicant accordingly after making his inspection report in Form-XII and the Applicant shall abide by the decision of the Authority and rectify the defects mentioned in Form-XII, if any and intimate the Authority.
(10) On receiving the intimation of defect rectification by the Applicant, the Authority shall inform the Empanelled professional to inspect and certify the rectified work.
(11) The Empanelled professional shall inspect the site and after checking the work rectified as indicated in Form-XII, certify the same within three days of receiving intimation and inform the Commissioner.
3.16.8 Inability of Empanelled professional to certify the works and selection of alternate professional
(1) If the Empanelled professional selected by the Authority, to certify the execution of any component of the building, is unable to inspect the site within 3 days from the date of receiving the intimation, he may request for additional time of maximum 3 days. If the selected empanelled professional is unable to inspect the site and certify the works within 6 days of receiving the intimation, he may intimate the same stating the reason for his inability to inspect the site for certification.
(2) On receiving intimation from the selected empanelled professional, the Authority shall select alternate empanelled professional and inform to inspect the site and certify the work intimated by the applicant.
3.16.9 Action against works executed without intimation and works not rectified
(1) Any works executed in the building without the certification of the preceding works specified in Appendix-XII and the works not rectified as intimated n Form-X, shall be liable for penalty as per the rules framed under Section 76F of Karnataka Town and Country Planning Act,1961.
(2) In such cases, the owner or the promoter, as the case may be, and the professional on record for supervising such works shall also be liable for action as per the rules framed under Section 73 and Section 76FFF of Karnataka Town and Country Planning Act,1961.
3.16.10 Changes to be made in the approved plans, during the execution of works:
(1) If the Applicant intends to make any changes / deviations in the building from the sanctioned plan, the concerned Professional on record for preparing the particular plan, which has to be altered, modified or added, shall make the necessary changes and submit to the Authority with joint validation of applicant along with an Application in Form-I and payment of required fees.
(2) Any such proposed changes from the sanctioned plans shall be as per the provisions of the Master Plan and its Zonal Regulations, these Byelaws or any other relevant laws.
(3) The proposed changes shall be executed at site only after the same is submitted to the Authority.