[07
April 2022] WHEREAS, the Goa Land
Development and Building Construction Regulations, 2010 since its inception had
provision for empanelling the Notary Architect and Notary Engineer. AND WHEREAS, vide
Notification No. 21/ 1/TCP/2019/Steering Committee/1006 dated 13-06-2019,
published in the Official Gazette, Series I No. 11, dated 14-06-2019, the
principal Regulations pertaining to Notary Architect and Notary Engineer were
amended incorporating Third party Certification as Ease of Doing Business. AND WHEREAS, the
Government of Goa has decided to further amend the said regulations pertaining
to Notary Architect and Notary Engineer. Now, therefore, in
exercise of the powers conferred by sub-sections (1) and (2) of section 4 of
the Goa (Regulation of Land Development and Building Construction) Act, 2008,
the Government of Goa hereby makes the following regulations so as to further
amend the Goa Land Development and Building Construction Regulations, 2010,
namely. (1)
These regulations may be
called the Goa Land Development and Building Construction (Amendment)
Regulations, 2022. (2)
They shall come into force
on the date of their publication in the Official Gazette. In regulation 2 of
the Goa Land Development and Building Construction Regulations, 2010
(hereinafter referred to as the "principal Regulations), for clause (90),
the following clause shall be substituted, namely. "(90)
"Notary Architect or Notary Engineer" means an Architect or an
Engineer empanelled, registered and empowered by the designated Chief Town
Planner to issue Third Party or self Technical Clearance/Development
Permission/Completion Order for low risk buildingand/or compound wall or to
issue Third Party or self Certification for low risk buildings and/or compound
wall for facilitating issuance of Technical Clearance/Development Permission/
Completion Order by Town and Country Planning Department/Planning and
Development Authority for promoting ease of doing business. Note: For the purpose
of this clause "low risk building" means and includes all buildings
in plots formed by way of finally approved subdivision layout and partitioned
plot formed by way of finally approved sub-division layout plan approved
earlier by Competent authorities for buildings and/or compound wall in plot
area upto 500 sq. mts. having maximum built up area of 500 sq. mts. and height
of building limited to G+2 storeys including stilt floor. All other buildings
shall be considered as high risk buildings;". In regulation 20 of
the principal Regulations, for sub-regulation 20.9, the following subregulation
shall be substituted; namely. "20.9
Notary Architect or Engineer empanelled, shall be registered by the designated
Chief Town Planner to issue Third Party or self Technical Clearance/
Development Permission/Completion Order and Certification towards issuance of
Technical Clearance/Development Permission/Completion Order by the Town and
Country Planning Department/ Planning and Development Authority, as the case
may be, as per rules specified in Annexure-X, 27.X.". In Appendix-E1 to
Appendix-E8 of the principal Regulations, for the expression "for single
family dwelling unit in approved sub-divided PLOT or a natural PLOT in
Settlement zone of upto 2,000m2 in area with total contiguous Coverage on
ground not exceeding an area of 250m2 in Non PDA areas in the State of
Goa", wherever it occurs, the expression "for buildings and/or
compound wall in plot area upto 500 sq. mts. and height of building limited to
G+2 storeys including stilt floor in plots formed by way of finally approved subdivision
layout plan approved earlier by competent authorities in both Planning and
Development Authority areas/Non Planning and Development Authority areas in the
State of Goa" shall be substituted. In Annexure - X of
the principal Regulations, for the existing Clause 3, the following shall be
substituted, namely. "(3)
Duties and responsibilities of Notary Architect and Notary Engineer. (a)
For issue of Third Party or
self Technical Clearance/Development Permission/ Completion Order, the Notary
Architect/ Notary Engineer shall, (i)
obtain all documents
including certificate of conformity with these Regulations/Affidavits,
Structural liability/ Stability Certificate as the case may be; conduct site
inspection as may be necessary and remit the processing fee and Infrastructure
Tax to the Government treasury. (ii)
sign the formats and
building plan/ Completion order of low risk buildings for issue of building
license by respective Village Panchayat/Municipal Council/ Corporation. (iii)
maintain register of
applications received towards Technical Clearance/ Development
Permission/Completion Order and also retain a set of all the documents for his
record and for inspection of the designated officer of the Town and Country
Planning Department/Planning and Development Authority. (iv)
in case of any complaints
and Court cases arising out of the Technical Clearance/Development Permission/
Completion Order, it shall be the responsibility of the Notary Architect or
Notary Engineer to defend himself and the Town and Country Planning Department
or Planning and Development Authority shall not be responsible/liable in any
manner whatsoever. (v)
the Town and Country
Planning Department or Planning and Development Authority shall not be
responsible for any disputes arising between the Notary Architect or Notary
Engineer and/or the Architect or Engineer who has prepared the Plan and/or the
owner/project proponent. (b)
For issue of Third Party or
self Certification to enable the Town and Country Planning Department or
Planning and Development Authority to issue Technical Clearance/Development
Permission/ Completion Order, the Notary Architect or Notary Engineer shall, (i)
to scrutinize the
applications received for issue of Third Party or self Certification under
these rules and in accordance with the Regulations by conducting site
inspection as may be necessary. (ii)
sign the formats and
building plan of low risk buildings as required under the Regulations by
obtaining all documents including certificate of conformity with Regulations,
Affidavits, Structural liability/ Stability Certificate, as the case may be;
and submit it to the Town and Country Planning Department/Planning and
Development Authority, as the case may be. (iii)
maintain register of
applications received for Third Party or self Certification towards issue of
Technical Clearance/ Development Permission/Completion Order and also retain a
set of all documents for his record and for inspection of the designated
officer of the Town and Country Planning Department/Planning and Development
Authority, as the case may be. (iv)
in case of any complaints
and Court cases arising out of the Technical Clearance/Development Permission/
Completion Order, it shall be the responsibility of Notary Architect or Notary
Engineer to defend himself and the Town and Country Planning Department or
Planning and Development Authority shall not be responsible/liable in any
manner whatsoever. (v)
the Town and Country
Planning Department or Planning and Development Authority shall not be
responsible for any disputes arising between the Notary Architect or Notary
Engineer and/or the Architect or Engineer who has prepared the Plan and/or the
owner/project proponent."Goa
Land Development And Building Construction (Amendment) Regulations, 2022