Sindh Condominium Bill: Citizens lose out once again as Sindh makes builders happy

Urban planners say bill will cause problems for people who have not been consulted

KARACHI:

If you are living in an apartment or planning to buy one, you should know about the upcoming Sindh Condominium Bill, 2014, which mandates the maintenance of the building and its common areas through an authorised maintenance company.

The bill, a copy of which is available with The Express Tribune, will likely be approved by the Sindh Assembly in the next session. At first glance, the bill will allow the government to regulate the maintenance of services, amenities, façade, parking and common areas for the facilitation of the public. On closer look, however, the bill in essence favours the builders.

According to the draft, the builder will be responsible for the project's maintenance - be it residential apartments or commercial plazas - for a year after obtaining the completion certificate from the Sindh Building Control Authority (SCBA). The builder will be required to hire a registered maintenance company to do the same.



But here is the catch: the builder will collect one years' worth of maintenance charges from the buyers before handing over the possession of the units. The bill goes on to say that if the builder intends to maintain the building himself, priority will be given to the builder's own maintenance company to do the job.

For seasoned architects, however, the bill reeks of a hidden agenda. Urban planner and dean of the NED University's architecture department, Dr Noman Ahmed, believes that the bill absolves the builder from any responsibilities or complaints that the buyers may have in the formative phase of the project. "It is simply unjust to collect maintenance fees from the buyers," he claimed. "If the builder is selling the apartment, he must guarantee that the work is flawless. This document aims to provide protection to the builders."

Though Dr Ahmed believes such laws are a good idea on the whole, he criticised this particular bill, claiming that it will cause problems for the public who had not even been consulted for its draft.  "The people who will eventually live in these houses and who have spent all their lifesavings in buying the property are the ones who will be most affected by the bill," he said.

On the other hand, the builders have an appropriate union to present their stance before the government. "Owners of housing units sold over the last 10 years could have been contacted to find the problems they have faced. The SBCA has their data," he said. "This draft does not safeguard the interests of buyers nor does it offer them any benefit."

Dr Ahmed pointed out that the draft was silent when it came to devising a mechanism to resolve conflicts between buyers and builders. He suggested establishing a forum, comprising representatives of builders, professionals and the Karachi Building Control Authority to resolve such conflicts.

Dr Ahmed also suggested increasing the period of maintenance of the building to at least five years after the owners move in. The builder should be responsible for the maintenance and any costs associated with it, he said. "Flaws in a building usually start appearing around five years after people start inhabiting it," he justified.

Urban planner Farhan Anwar was of the belief that each city or district must have its own laws. "Each city has its own dynamics," he reasoned. "They should each have their own governing body and the residents should be consulted before such laws are tabled."

Meanwhile, some town planners also questioned and expressed surprise over why cantonment areas, including DHA, were not brought under the ambit of the law.

Published in The Express Tribune, November 6^th, 2014.