Building violations delinked from transfer of Chandigarh Housing Board properties

In a major relief for over 65,000 allottees, the Chandigarh Housing Board (CHB) has delinked the issue of building violations from transfer of all built-up units.

In his order, making the CHB board’s decision effective from Friday, CHB chief executive officer Yashpal Garg stated, “CHB has now decided to allow transfer and mutation of the built-up units without linking the issues of building violations and misuse, after obtaining an affidavit/indemnity bond that the transferee/purchaser will be responsible for all consequences/actions/penalty, etc., with regard to the existing/new building violations/misuses.”

Garg clarified that the order was applicable on all CHB built-up commercial and residential units, including those allotted on leasehold and freehold basis.

An in-principle approval to the decision was given during the meeting of the CHB board of directors, held under the chairmanship of UT adviser Dharam Pal, on March 8.

So far, CHB didn’t allow transfer of such properties in its records after the sale was executed. This caused a lot of problems for the allottees looking for buyers. The building violations include construction of unauthorised storeys, rooms, toilets and cantilevers, among others.

A CHB official said more than 2,000 cases of transfer of property pending with CHB will now be processed for giving necessary clearances.

The said issue was taken up by non-official directors Hitesh Puri and Poonam Sharma during the last board meeting on March 8.

Puri quoted the example of Estate Office, where the transfer is allowed irrespective of violations in the property. He said when the registration was done by the registration authority, the transfer should not be withheld. It was also allowed by CHB before 2018, but the orders were later withdrawn.

“The CHB chairman and UT adviser Dharam Pal accepted the proposal and allowed the transfer on the lines of the Estate Office. Now on the recommendation of the board, the transfer is allowed by delinking of violations with it from April 22,” said Puri, who is also chairman, Chandigarh Residents’ Association Welfare Federation (CRAWFED).

Garg, said, “This initiative will speed up the process of transfer/mutation and bring more transparency in CHB’s working. Hundreds of applications, pending because of building violations, will be finalised in the next few weeks and allottees/transferees will also come forward with better confidence of getting the transfer/mutation permissions without inspections.”

According to realty experts, the decisions will also release stuck housing supply in the city’s property market and CHB houses are likely to see a price rise as potential demand materialises.

What it means

- Transfer and mutation will be allowed for properties where building violations are existing or/and proceedings are going on

- All pending applications in such cases will be allowed after obtaining fresh affidavit/indemnity bond

- There will be no inspection of such properties and transfer/mutation will be processed through documents submitted with affidavits/indemnity bonds

- Transferee will be responsible for all existing violations and ongoing proceedings, if any.