Loopholes in rules make CMDA, Corpn toothless against unauthorised buildings

Several loopholes in building regulation rules and lack of a proper mechanism to monitor the unauthorised buildings that were denied completion certificates due to violations have rendered the Chennai Metropolitan Development Authority (CMDA) and the Greater Chennai Corporation toothless.

Even the buildings constructed by government agencies lack the mandated completion certificate that is compulsory for electricity and water connections. “Two buildings that were inaugurated by Prime Minister Narendra Modi inside the ESIC Hospital in KK Nagar this year do not have completion certificates. Yet, they have water and power connections. The CMDA had returned the application filed by the hospital buildings seeking completion certificates,” V Gopalakrishnan, an activist said.

The hospital’s casualty and out-patient wards have been functioning in one of the buildings, he added. “There are several buildings in the city that function without completion certificates. The authorities should act against the owners of these structures,” Gopalakrishnan said.

When contacted, an official from Chennai Metropolitan Development Authority said that the hospital management had applied again for the completion certificate and it was being processed.

The planning authority has rejected 41 applications seeking completion certificates in the last few years. “As per the rules, buildings without completion certificates should not be provided with power and water connections. But, we neither have a mechanism nor the manpower to check those buildings,” a CMDA official said.

Meanwhile, Gopalakrishnan pointed out that there is a lack of transparency regarding the buildings that receive approval from the Chennai Corporation. He also said that lock and seal notices are issued to building owners only delay action. “When one resident files a complaint, the official issues lock and seal notice. If another complaint id filed regarding the same building, they issue another notice. This is to delay the approval process,” the activist said.

“The Corporation’s website does not have any details about buildings that are unauthorised or have violated norms. If officials cannot take action against such buildings, they should at least make the details public. It would help the homebuyers from buying such a building. Also, the list should be sent to the Registration Department to be included in encumbrance certificates,” Gopalakrishnan added.

A resident of Korattur said that the officials have sealed a building in his locality a few months ago. “Now, the seal has been opened and the building is put up for sale, but no modifications were made to the structure,” he said.

According to CMDA data, the planning authority has issued completion certificates for 3,629 buildings between January 2007 to August 26. In 2015, the CMDA issued 539 completion certificates, which is highest in any year. And, the planning authority sealed 204 unauthorised within the same period.

P Manishankar, the state president of Federation of Tamil Nadu Flat and Housing Promoters Association said that neither CMDA nor the civic body takes actions against buildings that operate without completion certificate or are built in violation of norms. “I had complained to CMDA officials about one such building in Bishop Garden in RA Puram, but they are yet to take action against it,” he added.

There are also builders who make promises to buyers only to not keep them later. They would also hand over the project to the buyers without receiving a completion certificate. “This affects buyers so we are trying to spread awareness on this. Homebuyers should check whether the project is registered with Tamil Nadu Real Estate Regulatory Authority or not before buying it,” S Rama Prabhu, Chairman of Builders’ Association of India (Southern Centre) said.