Executive Summary:
This notification, S.O. 859E, issued by the Delhi Development Authority on February 28, 2018, modifies subclause 2.10 of the Unified Building Bye-Laws (UBBL) for Delhi 2016. The modification, previously proposed under S.O. 1053 E, dated April 5, 2017, concerns latent defects liability for certain building categories. It outlines the parties responsible for structural flaws or defects and allows for professional liability insurance.
Key Points / Main Content:
Latent Defects Liability:
* For all risk buildings with a built-up area of 20,000 sqm and above or plot area of 750 sqm and above, the following are liable for structural flaws or defects after the building is in use:
* Architect
* Structural Engineer
* Site Supervisor/Site Engineer
* Construction Company (including contractor and subcontractor)
* Professionals and the construction company may take decennial professional liability insurance to cover such liability.
Impact Analysis:
Architects:
* Impact: Architects are held liable for structural flaws or defects in specified building categories after the building is in use.
* Action Required: Consider obtaining decennial professional liability insurance to cover potential liabilities.
Structural Engineers:
* Impact: Structural engineers are held liable for structural flaws or defects in specified building categories after the building is in use.
* Action Required: Consider obtaining decennial professional liability insurance to cover potential liabilities.
Site Supervisors/Site Engineers:
* Impact: Site supervisors/site engineers are held liable for structural flaws or defects in specified building categories after the building is in use.
* Action Required: Consider obtaining decennial professional liability insurance to cover potential liabilities.
Construction Companies (including contractors and subcontractors):
* Impact: Construction companies are held liable for structural flaws or defects in specified building categories after the building is in use.
* Action Required: Consider obtaining decennial professional liability insurance to cover potential liabilities.
Delhi Development Authority:
* Impact: Responsible for enforcing the modified building bye-laws.
* Action Required: Implement the modified subclause 2.10 of the Unified Building Bye-Laws (UBBL) for Delhi 2016.
Key Entities Referenced
Unified Building ByeLaws UBBL for Delhi 2016: A set of building regulations for Delhi, which is being modified.
Delhi Development Authority: The governing body responsible for urban planning and development in Delhi; it is making modifications to the Unified Building ByeLaws.
Delhi Development Act, 1957: The act that empowers the Delhi Development Authority. Section 57 of this act is referenced as the source of authority for the modification.
Central Government: The national government of India, whose prior approval is required for the Delhi Development Authority to make modifications to the Unified Building ByeLaws.
Architect: A professional who may be held liable for structural flaws or defects in buildings.
Structural Engineer: A professional who may be held liable for structural flaws or defects in buildings.
Site SupervisorSite Engineer: A professional who may be held liable for structural flaws or defects in buildings.
Construction Company: An entity, including contractors and subcontractors, that may be held liable for structural flaws or defects in buildings.
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DELHI DEVELOPMENT AUTHORITY
NOTIFICATION
New Delhi, the 28th February, 2018
Sub : Modification of sub-clause 2.10 in UBBL 2016 Notified vide S.O. 1053 (E), dated 5th April, 2017.
S.O. 859(E).— in exercise of powers conferred by Section 57 of Delhi Development Act, 1957 (61 of 1957), the
Delhi Development Authority, with the prior approval of the Central Government, hereby make the following
modification in the Unified Building Bye-Laws (UBBL) for Delhi 2016.
S. No. Chapter/Para/Clause/Sub-clause of UBBL Proposed Modifications
2016 Notified vide S.O. 1053(E) dated 5th
April, 2017
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1
2.10 Latent Defects Liability: 2.10 Latent Defects Liability:
a) The following shall be held liable for a) The following shall be held liable for any
any structural flaws or defects in the structural flaws or defects in all risk
buildings classified as high risk having category of buildings having plot area 750
BUA 20,000 sqm and above, after it is sqm. and above, after it is in use:
in use: i. Architect.
i. Architect. ii. Structural Engineer.
ii. Structural Engineer. iii. Site Supervisor/Site Engineer.
iii. Site Supervisor/ Site Engineer. iv. Construction Company including
iv. Construction Company including contractor/sub-contractor.
contractor and sub-contractor. b) The above mentioned professionals and
b) The above mentioned professionals and the construction company including
the construction company including contractor/sub-contractor shall take
contractor and sub-contractor may take decennial professional liability insurance
decennial professional liability to cover for such liability.
insurance to cover for such liability.
[No. F.15(06)2016/MP/Pt. ]
D. SARKAR, Commissioner-cum-Secy.
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.