Architects, planners rattled by violation clause

Architects, planners rattled by violation clause

Swathi Shivanand and Govind Belgaumkar

They have to sign an undertaking which may lead to cancellation of licence

What they say

Architects alone cannot be held responsible for deviations

Besides them, surveyors are also unhappy about the clause

BANGALORE: The first of the many inevitable protests against the Master Plan 2015 has begun. Architects, planners and engineers who face the threat of losing licences if they fail to report violations of building byelaws are up in arms against this new clause in the Master Plan, prepared by the Bangalore Development Authority (BDA).

The Master Plan mandates that the architect, planner or engineer sign an undertaking that within three days any deviation from the sanctioned plan or violation of zoning regulations observed during alteration or construction of a building would be reported to the authority concerned. The undertaking also requires them to state that the building is designed according to the National Building Code 2005 specifications and are resistant to earthquakes and fires. The final clause of the undertaking states, “If any of the statements are found to be false, the authority is at liberty to cancel my license for practise”.

Objecting to the provision, general secretary of the Institute of Architects and Town Planners Vidhyadhar S. Wodeyar told The Hindu, “We accept that architects are responsible for the organised growth of the city. But how can we alone be held responsible for deviations? Can we actually go against our clients? What about area engineers who are actually responsible for implementing building byelaws? Why are they not held accountable?”

Besides architects, town planners, surveyors are unhappy about the clause. They argue that it is the responsibility of the authorities to prevent deviations from the plan. By bringing in this clause, the authorities, they allege, are shifting the burden of enforcing the laws to architects, town planners and engineers. There are about 2,000 registered architects and nearly 180 registered town planners in the State.

Architect Anand Prakash, who launched an email campaign against the affidavit, said that the role of architects in particular is limited to ensuring safety and quality of the building. The architects have been giving an undertaking about this and were committed to do so in future as well. He says, “By signing the affidavit, architects will surrender their license.”

Mr. Wodeyar adds that if a provision is not made to hold officials accountable, then this one making architects responsible must be scrapped.

Bangalore Development Authority Commissioner M.K. Shankarlinge Gowda said that the rationale behind the provision is that architects or engineers were primarily responsible for the rampant illegal constructions, citing the examples of Koramangala and Indiranagar. On why architects and engineers were being penalised and not officials, he said, “If you are blatantly violating, you deserve the penalty. No genuine architect will advise deviations anyway. The provision is so that the violations do not occur at the construction stage itself