Chandigarh, 1st August 2019:
As per existing instructions, in cases where no misuse/building violations are reported (as per the record), the information furnished by the applicant in the application form of transfer of dwelling units with affidavit of the Transferor and Transferee are being relied upon. In all such cases, fresh inspection reports are not insisted upon and transfer of the dwelling units are allowed based on such declarations. However the transferee continues to be liable for all the building violations either existing at the time of transfer or made subsequently.
It has been observed that in some cases, transfer of the unit was allowed on the basis of such declarations but subsequently certain misuse/building violations were observed. When actions against such violations were initiated by issuance of Show Cause Notices, the transferees felt cheated by the transferors via submission of wrong declarations/affidavits. They report that such violations existed at the time of transfer of the dwelling unit. Therefore in such cases, the existing owner/occupant (transferee) is liable to remove the violations failing which he/she will bear the consequences like cancellation of allotment etc.
To overcome such situation and to protect the innocent buyers, the Chandigarh Housing Board has decided to provide an optional mechanism where the Transferor and the Transferee may jointly apply for an inspection by the CHB and obtain a certificate clarifying no violation at that point of time. For this purpose a joint application, with a fee of Rs. 5000/-, may be submitted by the Transferor (existing owner) at CHB. Further, on physical inspection will be conducted and a certificate will be issued by CHB. However in case of any violations carried out subsequent to the physical inspection, the transferee will continue to be liable for the same.
