INGENIEUR
Sr.
Subject
v. Civil liability
vi. Governing
authority
vii.
viii.
ix.
x.
CFO
The Qualified Person had the duty
of care both under his professional
services agreement and the law of
tort to his employer. Civil suits could
be filed against the local authorities
however, they were given immunity
under section 95(2) of Street,
Drainage and Building Act.
Certificate of Fitness for Occupation
(CFO) was issued by the local
authority.
CCC
PSP is liable for the CCC being issued
wrongly, for failing to deposit the CCC,
non- compliance with the approved
plans and provisions of the SBDA or any
by-laws made thereunder.
The CCC is issued by the project’s PSP,
who can be a Professional Architect,
Professional Engineer or a Registered
Building Draughtsman.
● ●
Procedure
Building plan approval
The initial steps of the approval process
● ●
Plan submission by the Qualified ie, for Building Plan Approval, Earthworks
Person
Approval, etc are similar to the CFO
● ●
Notification prior to commencement regime other than the introduction of the
of work
PSP.
● ●
Obligations of the Qualified Person
● ●
Authority inspection
● ●
Certification by the Qualified Person
● ●
Confirmation from LA
● ●
C er ti f ic ate of f i tne s s and
occupation
Flexibility while The Local Authorities as the ultimate
With self-certification, the PSP has
implementation issuers of the relevant CFOs, had the no such power, even in regard to the
necessary power to review the non-
technical conditions. For non-technical
technical and technical conditions
conditions the Local Authorities still
prior to the issue of the CFOs and,
retain some residual power but their
in some cases, grant waivers,
ambit remains ambiguous.
exemptions or dispensations as
necessary.
Non-obstante
Under the CCC regime, authority for the
clause
issuance of the relevant completion
certificate has been shifted from the
local authorities to the professionals, the
former nevertheless retain a significant
statutory power, either by default or On a
residual basis. Refer 70(22) of the SBDA
(Amendment) Act 2007.
Statutory
Local authorities enjoyed wide
Recent amendments to the relevant laws
liability
statutory protection given to them
and in Particular to the SDBA, impose
under Section 95(2) of the SDBA.
additional duties and responsibilities
on the PSP with attendant sanctions
which are heavier in terms of nature and
content for example custodial/penal in
certain instances. Section 70(27)
SBDA (Amendment) Act 2007 provides
for an imprisonment of up to 10 years
where the PSP permits to be occupied
any building without a CCC.
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70
VOL
2019
VOL 78
55 APRIL-JUNE
JUNE 2013