Hi,
I wanted to know if we need to register the Construction agreement & the architect agreement at the Sub-Registrar office for them to be considered valid (in terms of law)? If yes then what are the registration charges?
Regards
Rahul
Registration of Construction agreement for house
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rsharma_champ
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- Joined: January 17th, 2015, 10:40 pm
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ncprashant
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Re: Registration of Construction agreement for house
i think very good idea.
Re: Registration of Construction agreement for house
I wish if it was possible , Its difficult to hold a quack accountable legally compared to a certified doctor. To legalize its practically difficult to furnish the necessary documents.
Unfortunately the law of land is very stringent and by the time a innocent citizen realizes it ,high chance he is already on the illegal side. If not done correctly , you are already on the wrong side of the law ,merely by entering into a construction agreement ( as explained below). Every one does one agreement for solace and serves as reference for rules and expectations and to avoid conflict, however in case of dispute it rarely helps. Construction industry is largely illegal (especially residential ) and labour betrayal ,cheating, fraud is blatant, a binding agreement may be a bane instead of a boon.
As per the BBMP \ BDA byelaws , your Engineer and Architect and supervisor need to be BDA Licensed , and during the plan approval process , the licensed engineer cum architect cum Supervisor(Can be same person or many) should each mandatory furnish sworn affidavit(s) claiming he would responsible for Inspections during work , any deviations in quality and plan or else as per byelaw the engineer\Architect\Supervisor licence will be revoked and penalized if not adhered . This liability needs to be passed on to your contractor through a legal document. However if you enter into a contract with another person without informing the original person , you can be sued .
Contract agreement Disputes come under Labour Court and State \ Central labour acts\laws and Ministry of Labour , Its the burden and responsibility of the employer (You) or your appointed lawyer \Notary to validate the documents related to the license of the contractor, Certificate\Clearence from labour dept to employ local labour \ women and interstate labour (each different document), Service tax registration certificate etc before entering into a agreement.
Unfortunately the law of land is very stringent and by the time a innocent citizen realizes it ,high chance he is already on the illegal side. If not done correctly , you are already on the wrong side of the law ,merely by entering into a construction agreement ( as explained below). Every one does one agreement for solace and serves as reference for rules and expectations and to avoid conflict, however in case of dispute it rarely helps. Construction industry is largely illegal (especially residential ) and labour betrayal ,cheating, fraud is blatant, a binding agreement may be a bane instead of a boon.
As per the BBMP \ BDA byelaws , your Engineer and Architect and supervisor need to be BDA Licensed , and during the plan approval process , the licensed engineer cum architect cum Supervisor(Can be same person or many) should each mandatory furnish sworn affidavit(s) claiming he would responsible for Inspections during work , any deviations in quality and plan or else as per byelaw the engineer\Architect\Supervisor licence will be revoked and penalized if not adhered . This liability needs to be passed on to your contractor through a legal document. However if you enter into a contract with another person without informing the original person , you can be sued .
Contract agreement Disputes come under Labour Court and State \ Central labour acts\laws and Ministry of Labour , Its the burden and responsibility of the employer (You) or your appointed lawyer \Notary to validate the documents related to the license of the contractor, Certificate\Clearence from labour dept to employ local labour \ women and interstate labour (each different document), Service tax registration certificate etc before entering into a agreement.