GOVERNMENT OF ANDHRA PRADESH
A B S T R A C T
Municipal Administration and Urban
Development Department Revised Common Building Rules, 2006 Orders Issued
MUNICIPAL
ADMINISTRATION AND URBAN DEVELOPMENT (M) DEPARTMENT
G.O.Ms.No. 8 6, Dated the 3rd March,
2006.
Read the following :
1.
G.O.Ms.No.423 M.A. &
U.D. Department, dated 31.07.1998
2.
Government Memo No.19048/M1/2004-4 M.A.,
dated15.12.2005.
3.
A.P.Extra Ordinary Gazette
No.4, dated 22.01.2005.
-- o0o --
O R D E R:
In
the reference 1st read above, Government have issued Comprehensive
Building Rules which are applicable to Municipal Corporations, Municipalities
and areas covered by Urban Development authorities. Since then these Building
Rules have governed building activities in urban areas.
2. It has been brought to the notice of
the Government that the above building stipulations are cumbersome with too
many parameters for regulating and controlling developments and building
activities and there is a need for simplifying the building stipulations by
stipulating minimal parameters. Further due to changes in building
technologies, massive and rapid urbanization, escalating land prices, and
certain shortcomings experienced relating to the existing building stipulations
Government have decided to review the building stipulations and come out with
comprehensive building rules thereby,
making the building stipulations clear, easy to comprehend, user-friendly,
promoting various types of development and building activities, besides giving
design freedom and choice with optimum usage of land on one hand, and reducing
the trend of violations and unauthorized constructions on the other, without
compromising on the community good.
3. Initially a draft was prepared in
consultation with experts from various fields and the same was notified in the
Andhra Pradesh Extraordinary Gazette No. 4, dated 22.01.2005 for inviting
public objections and suggestions. A
number of objections and suggestions were received from individuals,
professionals Municipalities, Municipal Corporations, Urban Development
authorities and other Departments.
Further discussions and deliberations were held at various levels involving
various groups like builders, developers, architects, engineers, town planners,
representatives of Urban Development Authorities and local bodies, public
representatives, academicians, officials and general public, and have received
many suggestions and comments on the said draft building rules. After careful
examination of all the objections and suggestions received, Government have
come to the conclusion to further rationalise the standards of Building
requirements for different types of buildings, uses & occupancies in the
Municipal Corporation of Hyderabad, and Hyderabad Urban Development Authority,
Hyderabad Airport Development Authority, Cyberabad Development Authority and
Buddha Purnima Project Authority so as to have uniform application of the rules
relating to regulation of building construction, etc. in the above areas.
Therefore in supersession of the Rules issued vide G.O.Ms.No.423 M.A., dated
31-7-1998 and the Municipal Corporation of Hyderabad Building By-laws 1981 to
the extent specified in these Rules Government hereby issue the following
Notification and the same will be published in Andhra Pradesh Extraordinary
Gazette dated 04.03.2006.
4. A copy of this Order is available on the Internet and can
be accessed at the address http://apts.gov.in/apgos.
NOTIFICATION
In exercise of the powers
conferred under Section 585 read with 592 of the Hyderabad Municipal
Corporation Act, 1955 and proviso under
Sub Section (1) read with sub section (2) of Section 14,32,46 and 58 of the Andhra Pradesh Urban Areas
(Development) Act,1975 , the Government of Andhra Pradesh hereby issue the
following rules applicable to Municipal Corporation of Hyderabad and other areas covered by Urban Development
Authorities, viz. Hyderabad Urban Development Authority, Hyderabad Airport
Development Authority, Cyberabad Development Authority and Buddha Purnima
Project Authority, as appended to this
Notification. Any inconsistency or
contradiction or conflict that may arise in the said existing rules / by-laws /
regulations, etc. such inconsistency / contradiction or inconsistency shall
stand modified and to that extent, the provisions in these rules shall apply.
APPENDIX
1. Short Title,
Applicability & Commencement:
a)
These Rules may be called Hyderabad Revised Building Rules, 2006
b)
These rules shall be applicable to Municipal Corporation of Hyderabad
area, rest of Hyderabad Urban Development Authority area, Hyderabad Airport
Development Authority area, Cyberabad Development Authority area and Buddha
Purnima Project Authority area and shall come into force from the date of
publication of the Notification in the Andhra Pradesh Gazette.
c) These rules shall apply to
all building activity. All existing rules, regulations, bylaws, orders that are
in conflict or inconsistent with these Rules shall stand modified to the extent
of the provisions of these rules.
2. Definitions:
(i) Competent Authority means:
(a) the Vice Chairman of the
Hyderabad Urban Development Authority / Hyderabad Airport Development Authority
/ Cyberabad Development Authority/
Buddha Purnima Project Development Authority in the case of areas
outside Municipal Corporation of Hyderabad area,
(b) the Commissioner, in the case of Municipal Corporation of
Hyderabad area.
(ii) Enforcement Authority
means the Commissioner of the Municipal Corporation of Hyderabad, the
Commissioner of the Municipality or the Executive Authority of the Gram
Panchayat in case of areas outside the municipal areas of the Development
Authority or a Special Unit created for the purpose of sanctioning and
monitoring building and development activity.
(iii) Parking Complex/Parking Lot means
a premises either built or open which is utilized purely for parking of
vehicles and where parking fees is collected by the owner and permitted in specific
areas. The minimum site shall be 300 square meters.
(iv) Transferable Development Right (TDR) means
an award specifying the built up area an owner of a site or plot can sell or
dispose or utilize elsewhere, whose site or plot is required to be set apart or
affected for a community amenity or development for public purpose in the
Master Plan or in road widening or covered in recreational use zone, etc.. The
award would be in the form of a TDR Certificate issued by the Competent
Authority.
(v) High-Rise building means a building 18 meters or more in
height. However, chimneys, cooling towers, boiler,
rooms/ lift machine rooms, cold storage and other non-working areas in case of
industrial buildings and water tanks, and architectural features in respect of
other buildings may be permitted as a non-High Rise building. Buildings less
than 18 m including stilt floor/parking floor stand excluded from the
definition of high-rise buildings.
(vi) Height of building
means height measured from the abutting road and in case of undulated terrain
height can be considered as average of the corresponding ground level or
formation level of proposed site.
(vii) Sanctioning Authority means the
Commissioner of the Municipal Corporation of Hyderabad, the Commissioner of the
Municipality or the Executive Authority of the Gram Panchayat in case of areas
outside the municipal area of the Urban Development Authority or a Special Unit
created for the purpose of sanctioning and monitoring building and development
activity.
Terms and expressions which are not
defined in these Rules shall have the same meaning as in the respective rules /
regulations / by-laws of the respective local authorities and as defined in the
National Building Code as the case may be, unless the context otherwise
requires.
3.
Restriction
on Minimum Building Plot Size along abutting roads in new developments and
layouts:
There
shall be restriction on the minimum building plot size along the abutting roads
in all new developments areas and layouts.
|
Abutting road Right-of-way (in Mts.) |
Minimum plot size allowed (in sq. m) |
Max. Plot size allowed (in sq m) |
|
9 and below 12.2 |
100 |
2000 |
|
12.2 and below 18 |
200 |
No Restriction |
|
18 and below 30 |
500 |
No Restriction |
|
30 and above |
1000 |
No Restriction |
·
Road Right-of-way means the total land width
reserved for the road in the layout / Master Plan / Development Plan /
Development Scheme whether the road is developed/formed or otherwise and
includes the service road, if any, to
be provided.
4.1
Minimum Approach road requirement for sites
in new areas/layout areas:
No
site or parcel of land shall be used for building activity unless it has a
clear and established approach road of minimum 9 m Black topped Road is
provided by the developer/builder/owner at his own cost or deposits the
necessary cost for laying of the road by the sanctioning authority.
4.2
Access
conditions & Requirements for plots/sites abutting Ring roads / Highways /
Bypass Roads of 30 m and above identified in the Master Plan / Zonal
Development Plan:
In
addition to the requirement of confirmation to the minimum plot size along the
abutting roads, height and other requirements stipulated in the se rules,
buildings abutting major roads of 30 M and above width shall be permitted only
after black topped service road of 7 M width with two-lane carriageway is
provided to the extent of the building in question within the defined Right-of
way. It will be the responsibility of
the developer / builder / owner to provide the above service road of the
standards fixed by the Sanctioning Authority at his own cost. The Sanctioning Authority may consider
sanctioning building permission if the developer / builder / owner deposits the
full cost for laying such service road to the Sanctioned Authority.
4.3 The money so levied and
collected under Rule 4.1 and 4.2 above shall be maintained in a separate
exclusive account by the sanctioning authority and utilised only for this
purpose.
5. Restrictions
of building activity in vicinity of certain areas:
(a) No building/ development activity shall
be allowed in the bed of water bodies like river, or nala, and in the Full Tank
Level (FTL) of any lake, pond, cheruvu or kunta / shikam lands.
(b) The above water bodies and courses shall
be maintained as recreational/Green buffer zone, and no building activity other
than recreational use shall be carried out within:
(i) 30 meters from the boundary of Lakes of area 10 Ha and above;
(ii)
9 meters from the boundary of lakes of area
less than 10 Ha / kuntas / shikam lands;
(iii)
9 meters from the boundaries of Canal, Vagu,
etc.
(iv)
2 meters from the defined boundary of Nala
the
above shall be in addition to the mandatory setbacks.
Unless
and otherwise stated, the area and the Full Tank Level (FTL) of a lake / kunta
shall be reckoned as measured or given in the Survey of India topographical
maps/Irrigation Dept.
(c) Unless and otherwise specified in
the Master Plan / Zonal Development Plan,
·
the space to be left in and around the Canal /
Vagu (including the actual Canal / Vagu bed width and alignment) shall be
minimum 15 m. This may be developed as Green Buffer/recreational and/or
utilised for road of minimum 9m width,
wherever feasible.
·
In case of (b) (i) above, in addition to
development of recreational/green belt along the foreshores, a ring road or
promenade of minimum 12.2 m may be developed, wherever feasible.
·
The above greenery/landscaping and development
shall conform to the guidelines and provisions of the National Building Code of
India,2005.
(d) For Building activity within the
restricted zone near the airport or
within 500 m distance from the boundary of Defence areas / Military
establishments, necessary clearance from the concerned Airport Authority /
Defence Authority / shall be obtained. For sites located within the Air Funnel
zone, prior clearance from the Airport Authority shall be obtained.
(e) In case of sites in vicinity of High
Tension Electricity transmission lines besides taking other safety precautions,
a minimum safety distance (both vertical and horizontal ) of 3 m (10 ft.) shall
be maintained between the buildings and the High Tension electricity lines, and
1.5 m for Low Tension Electricity lines.
(f) In case of sites in the vicinity of
oil/gas pipelines, clearance distance and other stipulations of the respective
authority shall be complied with.
(g) In case of Banjara Hills-Jubilee Hills
area covered by Block 1 & 2 , and part of Block No. 3 of ward no. 8,
Municipal Corporation of Hyderabad area, the building restrictions imposed vide
G.O.Ms.No.601 MA dated 511-1988 read with G.O.Ms.No.423 M.A., dated 31-7-1998
would be applicable.
(h) For areas covered under G.O.Ms.No.111 MA
dated 08.03.1996 (protection of Catchment area of Osmansagar and Himayatsagar
lakes), the restrictions on building and development activity imposed in the said Government order would be
applicable.
6.
REQUIREMENTS OF APPROACH ROAD FOR BUILDING
SITES / PLOTS:
TABLE II
|
Type/ Use of Building plot permissible |
Minimum abutting road width required (in meters) |
|
A) SITES IN OLD/EXISTING BUILT-UP
AREAS/CONGESTED AREAS/SETTLEMENT
(GRAM KHANTAM/ABADI) (as listed in
Category I of Annexure I) |
|
|
6 * |
|
In
Category II Areas of Annexure I ·
Residential Buildings maximum permissible
up to 15 m height ·
Non-residential buildings and mixed
occupancies maximum permissible below 18 m height |
9* |
|
Type/ Use of Building plot permissible |
Minimum abutting road width required (in meters) |
|
|
B) SITES IN NEW AREAS/
APPROVED LAYOUT AREAS The type of buildings &
intensity of development shall be w.r.t. the abutting road width, viz., |
|
|
|
B 1 |
Non-High Rise Residential Buildings including Apartment
Complexes; Buildings with shopping on GF and residences on upper floor; Basic
level social amenities like Nursery School / Religious Place / Public Health
Center / Dispensary / Diagnostic Laboratory/ Police outpost/Post Office/
Neighbourhood Library cum Community Center and all buildings up to 15 m height |
9 * |
|
B 2 |
In addition to B 1 above,
High Rise Building/ Complex of height
above 18 m and up to 24 m; Group Housing Scheme; Primary School, Middle
school / Tutorial institution / General Industry / Godown / Petrol/diesel
Filling station; High School, Junior College / Commercial Complex, Computer
units/ Office Building, ITES Complex, Nursing Home / Community Hall /
Function/Marriage Hall / Assembly Hall/Cinema Theater; Service establishment/
Workshop; Others not specified in the
Table and all non high-rise buildings up to 18 m height |
12.2 |
|
B 3 |
In addition to B 1 & B
2 above, High Rise buildings above 24 m and up to 30 m height; General Degree
and other non-professional College / Polytechnic, ITI; Professional College
Campus; Multiplex Complexes, Shopping Malls, Hospitals and all non high-rise
buildings up to 18 m height |
18 |
|
B 4 |
In addition to B 1 to B 3
above, High Rise Buildings above 30 m height |
24
and above |
* Provided in case of single plot sub-division approved by the
sanctioning authority, a means of access of minimum 3.6 m pathway may be
considered for individual residential building and 6m for Apartment Complexes /
Commercial Complexes and other non-high rise buildings.
(i)
In case of (A) above, where the existing road is less than 6 m, building
in the site would be allowed after setting back the building 4.5 m from the
center line of such existing road.
(ii)
In case of existing buildings approved
prior to these Rules, further additions of floors on the earlier permitted
building may be considered either as
per these rules or the then rules in force in respect of setbacks, whichever is
the applicant opts for. This will not apply for building extensions or
redevelopment ventures in such sites.
(iii) Building line is from the edge of the Road
Right-of-way (whether existing or proposed)
7.0 PERMISSIBLE HEIGHT
& SETBACK REQUIREMENTS:
There are no plot size stipulations based on use or
occupancy of the building. The setbacks and height stipulations given hereunder
are applicable for all types of buildings.
7.1 MINIMUM
SETBACKS & HEIGHT STIPULATIONS FOR ALL TYPES OF NON-HIGH RISE BUILDINGS
(BUILDINGS BELOW 18 m height inclusive of stilt /
parking floor):
(i)
The height of
buildings permissible in a given site/plot shall be subject to restrictions
given in Annexures I to III.
(ii)
There are no specific
Floor Area Ratio and plot coverage stipulations. The permissible coverage would
be as per the minimum setbacks to be left within the given site. The minimum
setbacks and permissible height would be as per Table III below.
|
Plot Size (in Sq. Mts. |
Parking provision |
Maximum Height of building permissible
(in Mts.) |
Building Line or Minimum Front Setback
(in Mts.) |
Minimum Setbacks other sides (in Mts.) |
||||
|
Abutting road width |
||||||||
|
Less than 12.2 Mts. |
12.2 Mts. and below 18 Mts. |
18 Mts. & less than 30 Mts. |
30 Mts. & above |
Rear side |
Other sides |
|||
|
(1) |
(2) |
(3) |
(4a) |
(4b) |
(4c) |
(4d) |
(5) |
(6) |
|
(A)
OLD CITY / CONGESTED AREAS (Category-I as given in Annexure-I) |
||||||||
|
Less than
100 |
- |
7 |
1.5 |
3.0 |
4.5 |
6.0 |
1.0 |
- |
|
100 & upto 200 |
- |
10 |
1.5 |
1.5 |
||||
|
Above 200 & upto 300 |
- |
10 |
2.0 |
1.5 |
||||
|
Above 300 & upto 400 |
Stilt
floor allowed * |
12 |
2.5 |
2 |
||||
|
Above 400 & upto 500 |
Stilt
floor allowed * |
12 |
3 |
3 |
||||
|
Above 500 & upto 750 |
Stilt
floor allowed * |
12 |
4 |
4 |
||||
|
Above 750 |
Stilt
+ upto 2 Cellars allowed ** |
15 |
5 |
5 |
||||
|
Plot Size (in Sq. Mts. |
Parking provision |
Maximum Height of building permissible
(in Mts.) |
Building Line or Minimum Front Setback
(in Mts.) |
Minimum Setbacks other sides (in Mts.) |
||||
|
Abutting road width |
||||||||
|
Less than 12.2 Mts. |
12.2 Mts. and below 18 Mts. |
18 Mts. & less than 30 Mts. |
30 Mts. & above |
Rear side |
Other sides |
|||
|
(1) |
(2) |
(3) |
(4a) |
(4b) |
(4c) |
(4d) |
(5) |
(6) |
(B) EXISTING AREAS/ NEW DEVELOPMENT AREAS/LAYOUT
AREAS (including Category II *** of Annexure I)
|
||||||||
|
100 & up to 200 |
- |
10 |
3.0 |
4.5 |
6.0 |
9.0 |
1.5 |
1.5 |
|
Above 200 & upto 300 |
- |
10 |
3.0 |
4.5 |
6.0 |
9.0 |
2.0 |
1.5 |
|
Above 300 & up to 400 |
Stilt
floor allowed |
12 |
3.0 |
4.5 |
6.0 |
9.0 |
2.5 |
2.5 |
|
Above 400 & upto 500 |
Stilt
floor allowed |
12 |
3.0 |
4.5 |
6.0 |
9.0 |
3 |
3 |
|
Above 500 & upto 750 |
Stilt
+ Cellar allowed |
12 |
3.0 |
4.5 |
6.0 |
9.0 |
4 |
4 |
|
Above 750 & upto 1500 |
Stilt
+ 2 Cellars allowed |
15 |
3.0 |
4.5 |
6.0 |
9.0 |
5 |
5 |
|
Above 1500 & upto 2500 |
Stilt
+ 2 or more Cellars allowed |
Below
18 |
3.0 |
4.5 |
6.0 |
9.0 |
6 |
6 |
|
Above 2500 |
Stilt
+ 2 or more Cellars allowed |
Below
18 |
3.0 |
4.5 |
6.0 |
9.0 |
7 |
7 |
Stilt
parking floor permissible is exclusive of height of building up to 15 m. Height
of stilt floor shall not exceed 2.5 m
Cellars
where permissible are excluded from height of Building
*** For Plots less than 100 sq m in case of Category II of Annexure I
areas, the setbacks and height given in (A) above shall be applicable.
(iii)
The setbacks are to be left after leaving the
affected area of the plot/site, if any, for road widening.
(iv)
Building line is from the edge of the Road
Right-of-way (whether existing or proposed)
(v)
Where the lighting and ventilation of a
building is through the means of a chowk or inner courtyard or interior open
space/duct, such open space shall be open to sky and of area at least 9.0 sq m
and no side shall be less than 2 m.
(vi)
A strip of at least
1.0 m greenery/lawn along the frontage of the site within the front setback
shall be compulsorily developed and maintained with greenery.
(vii)
For plots above 200
sq m, in addition to (vi) above, a minimum 1 m wide continuous green planting
strip in the periphery on remaining sides are required to be developed and
maintained within the setback.
(viii)
For all
residential/institutional/industrial plots above 750 sq m, in addition to (vi) and (vii) above, 5 % of the site area
has to be developed as tot-lot/landscaped area and trees planted and
maintained. Such organized open space could be in more than one location and
shall be of regular shape.
(ix)
To enhance the
streetscape in respect of 18 m and above roads, no front compound
wall is recommended along the front setback. Only iron grill or low height
green hedge and / or with sloping type planters is recommended along such
roads.
(x)
In all plots 750 sq m
and above, provision shall be made for earmarking an area of 3m X 3m for the
purpose of siting of public utilities like distribution transformer, etc.
within the owners site subject to mandated public safety requirements.
(xi)
If the above greenery mentioned at (iv) to
(vii) above and Rule 9.9 is not maintained, 10% of additional Property tax
every year would be imposed as penalty by the sanctioning authority till the
condition is fulfilled.
(xii) In
case of plots 300 sq m and upto 750 sq m, it is permitted to transfer up to one
metre of setback from one side to the other side, and in case of plots above
750 sq m, it is permitted to transfer up to 2 m of setback, which needs to be
uniform at any given point, subject to maintaining of minimum building line in
the front.
(xiii)
In case of corner plots, the front setback
shall be as per the building line for the respective abutting road width.
(xiv)
For narrow plots, the setbacks on sides may be
compensated in front and rear setbacks so as to ensure that the overall
aggregate setbacks are maintained in the site, subject to maintaining a minimum of 1m on each side.
(xv) The space between 2 blocks shall be
as given Table-V.
(xvi) The
height of the building will be calculated after excluding the parking floors
for the purpose of computation of minimum setbacks to be left.
(i) The building requirements
and standards other than heights and setbacks specified in the National
Building Code of India, 2005 shall be complied with.
(ii) Such buildings shall be
undertaken by owners by engaging registered architects/ licenced
builders/developers and licenced structural engineers. The designs and building
plans shall be countersigned by the owner, licenced developer, registered
architect, licenced engineer and a qualified & licenced structural Engineer
who shall be responsible for the supervision, structural safety, earthquake
safety, fire safety and specifications compliance of such buildings. Buildings
shall be designed for compliance with earth quake resistance and resisting
other natural hazards. The Completion Certificate shall contain mention that the
norms have been followed in the design and construction of buildings for making
the buildings resistant to earthquake, compliance with structural safety and
fire safety requirements.
(iii) The work of the building
services like sanitation, plumbing , fire safety requirements, lifts,
electrical installations, and other utility services shall be executed under
the planning, design and supervision of qualified and competent technical
personnel.
(iv) The parking requirements
shall comply as given in these rules. The parking facilities and vehicles
driveways etc. shall be maintained to the satisfaction of the sanctioning Authority.
(v) Provide for solar
water heating system in the building and solar lighting in the site for outdoor
lighting within the site, etc. and give a bank guarantee to this effect to the
sanctioning authority for compliance of the same.
(vi) All Public and semi-public
buildings with covered area above 300 sq m shall be designed and constructed to
provide facilities to the physically handicapped persons as prescribed in the
National Building Code of India,2005.
(vii) In all buildings
irrespective of above height provisions, the requirements of parts of the
building like size and area requirements of habitable rooms, kitchen, bathrooms
and Water closets, other areas, corridor and staircase widths, service ducts,
etc. shall conform to the National
Building Code of India,2005.
8. ENCOURAGEMENT FOR BUILDINGS WITH CENTRAL
COURTYARDS:
As an encouragement
for developing U type buildings
with central courtyards, the setbacks of sides and rear, except the front
setback, can be reduced provided:
(a) the area so saved is transferred to the
central area/space or court yard;
(b) the minimum open space on sides and rear
except front, shall be 1.5 m for normal
buildings, & 6 m in case of high
rise buildings up to 21 m height and 7 m in respect of buildings 21m 30 m
height. Such high rise buildings need to obtain prior clearance from the Fire
Services Department;
(c) the depth of such courtyard shall be at
least 50% of the average building depth.
9
REQUIREMENTS FOR HIGH RISE BUILDINGS:
9.1
High Rise buildings / Complexes shall be
permissible only in areas other than those given in Annexure I and II. High Rise buildings shall not be allowed in
Congested areas/existing areas and settlement areas/ Abadi /Gram khantam areas.
9.2
The minimum size of plot for High Rise building
shall be 2000 sq. m. For buildings in the Skyscraper zone as given in Annexure
III, the minimum plot size shall be 4000 sq m
9.3
The building bulk, coverage and height shall be
governed by the minimum alround setbacks to be left, the organised open spaces
to be left and the height restrictions imposed by the Airport authority (if
applicable) / Defence authorities (if applicable) and Fire Services Department
and the City-level Impact fee on built up area required to be paid, as
applicable.
9.4
Prior Clearance From Airport Authority:
For
any High Rise building located in vicinity of airports as given in the National
Building Code, the maximum height of such building shall be decided in
consultation with the Airport Authority and shall be regulated by their
rules/requirements. Interstitial sites in the area which are away from the
direction of the Airport Funnel zone and already permitted with heights cleared
by the Airport Authority, shall be permitted without referring such cases to
the Airport Authority.
9.5 Every application for approval of a site
and for permission to construct or reconstruct or alteration of a building with
High Rise building or alteration to existing High Rise building shall be made
in the prescribed form and accompanied by detail plans floor plans of all
floors, complete set of structural drawings and detail specifications duly
certified by a qualified structural engineer, necessary prior clearance from
the Airport Authority (if applicable), Directorate of Fire services,
APTRANSCO and its subsidiaries and
Hyderabad Metropolitan Water Supply and Sewerage Board (HMWSSB) / Local
Authority (as the case may be), along with other particulars and details as may
be required by the sanctioning
Authority.
9.6 The minimum abutting road
width and all round open space for High rise Building / Complex shall be as
follows:
TABLE
IV
|
Height of building |
Minimum abutting road width required ( in metres) |
Minimum alround open space on remaining
sides (in metres) * |
|
(1) |
(2) |
(3) |
|
Up to 21 mt. |
12.2 |
7 |
|
Above 21 mt. & upto 24 mt |
12.2 |
8 |
|
Above 24 m & up to 27 m |
18 |
9 |
|
Above 27 m & upto 30 m |
18 |
10 |
|
Above 30 m & up to 35 m |
24 |
11 |
|
Above 35 m & upto 40 m |
24 |
12 |
|
Above 40 m & up to 45 m |
24 |
13 |
|
Above 45 m & upto 50 m |
30 |
14 |
|
Above 50 m |
30 |
16 |
(i) The front open space shall
be on the basis on the abutting road width and shall be either as given in
shall be either as given in Col. 3 of above Table IV or the Building line given
Table III whichever is more.
(ii) The abutting road has to be
black-topped with minimum 2 lane carriageway. Service roads where required as
per these Rules shall be minimum 7 m wide with minimum 2-lane black topped
carriageway.
(iii)
For upper floors from 2nd floor onwards, the
balcony projection of up to 2 m may be allowed projecting onto the open spaces.
(iv)
The open space to be left between two blocks
shall be equivalent to the open space mentioned in Column (3) of above Table
IV.
(v)
In case of high rise buildings upto 30 m
height, it is permitted to transfer upto two metres of setback from one side to
the other side, which needs to be uniform at any given point, subject to
maintaining of minimum setback of 7 m on all sides.
(vi)
Where the lighting and ventilation of a
building is through the means of a chowk or inner courtyard or interior open
space/duct, such open space shall be open to sky and of area at least 25 sq m
and no side shall be less than 3 m.
9.7 TOWER AND PODIUM TYPE HIGH RISE STRUCTURE UPTO
50 M may be allowed with the following:
(a)
For podium, i.e.,
Ground plus first floor: alround setbacks shall be 7 m alround
(b)
For the Tower block:
The coverage and alround setbacks shall be minimum 50 % of the Podium Block,
and shall be atleast 3m from the Podium edge on all sides,
(c)
the fire safety and
fire escape measures for the Tower Block shall be independent of the Podium
Block.
9.8
STEPPED
TYPE OR PYRAMIDAL TYPE HIGH RISE STRUCTURE
Such
type of high rise building blocks may be allowed for heights above 30 m with
the following open space requirements:
(a) At ground level : minimum 8 m all round open space for the first five floors
(b)
At upper floors : increase
of 1 m all round open space or more, for every 5 upper floors or 15 m height or
part thereof, over and above the ground level open space of minimum 8 m.
9.9
(a) In every high rise building site, an
organised open space shall be utilised as greenery, tot lot or soft landscaping, etc. shall be provided over and above the mandatory open spaces
to be left in and around the building. This space shall be at least 10% of total site area and shall
be of regular shape. This may be in one or more pockets.
(b) In addition to the above, a
minimum 2 m wide green planting strip in the periphery on all sides within the
setbacks are required to be developed and maintained in all high rise building
sites.
9.10
COMPLIANCE OF NATIONAL BUILDING CODE PROVISIONS
FOR AMENITIES AND FACILITIES IN ALL HIGH RISE BUILDINGS
(i) The building requirements and standards other
than heights and setbacks specified in
the National Building Code, 2005 shall be complied with.
(ii) Such buildings shall be undertaken by owners
by engaging registered architect, licenced builders/developers and licenced
structural engineers. The designs and building plans shall be countersigned by
the owner, licenced developer, registered architect, licenced engineer and a
qualified & licenced structural Engineer who shall be responsible for the
supervision, structural safety, fire safety and specifications compliance of
such buildings. Buildings shall be designed for compliance with earth quake
resistance and resisting other natural hazards. The Completion Certificate
shall contain mention that the norms have been followed in the design and construction
of buildings for making the buildings resistant to earthquake, compliance with
structural safety and fire safety reqirements.
(iii) The work of the building services like
sanitation, plumbing, fire safety requirements, lifts, electrical installations,
and other utility services shall be executed under the planning, design and
supervision of qualified and competent technical personnel.
(iv) In addition to the required staircases and
lifts, there shall be at least one fire escape staircase and lift. These
staircases and lifts shall be got certified from the manufacturers authorised
Service technical personnel from time to time.
(v) Provision for power generator shall be made
in such buildings.
(vi) These buildings shall be planned, designed
and constructed to ensure fire safety requirements are met and maintained and
shall comply in accordance with the Fire Protection Requirements of National
Building Code of India.
(vii) The facilities for providing fire protection
and fire fighting facilities in such buildings should be in compliance with the
stipulations laid down and clearance issued by the Fire Department from time to
time. NOC from the Fire Department shall be obtained from time to time
regarding the fire safety requirements and facilities installed.
(viii) The parking requirements shall comply as
given in these rules. The parking facilities and vehicles driveways etc. shall
be maintained to the satisfaction of the sanctioning Authority.
(ix) Provide for solar water heating system in the
building and solar lighting in the site for outdoor lighting, etc. and give a
bank guarantee to this effect to the sanctioning authority for compliance of
the same.
(x) All Public and semi-public buildings shall be
designed and constructed to provide facilities to the physically handicapped
persons as prescribed in the National Building Code of India.
(xi) In all high rise buildings, the requirements
of parts of the building like size and area requirements of habitable rooms,
kitchen, bathrooms and Water closets, other areas, corridor and staircase
widths, service ducts, etc. shall conform to the National Building Code of
India.
10. REQUIREMENTS
OF GROUP DEVELOPMENT, GROUP HOUSING/ CLUSTER HOUSING/ RESIDENTIAL ENCLAVES AND
ROW HOUSING SCHEMES:
10.1
Such developments shall be considered where the
site is developed together with building constructions and all amenities and
facilities and not disposed as open plots.
10.2 All
Group Development Schemes, Group Housing Scheme / Cluster Housing Scheme
applications shall in addition to the requirements under these Rules, be
accompanied by:
a) A
Services and Utilities Plan as per standards for water supply system, drainage
and storm water disposal system, sewerage system , rain water harvesting
structures, and for other utilities.
b) A
landscaping plan including rain water harvesting/ water recycling details.
c) Parking
& internal Circulation Plan along with Common pool parking area plan, if
any.
The
above shall be drawn on suitable scale
with relevant details.
10.3 The
minimum plot size for Group Housing Schemes and Group development Schemes shall
be 4000 sq m and the minimum abutting road width shall be 12.2 m wide and black topped.
10.4
In case of housing in large plots or blocks,
the proposals should be promoted with the immediate improvement of the
accessibility of the site from the nearest main road by way of an approved Road
Development Plan by the competent authority with a minimum width of 12.2 m
which should be implemented by the licenced developer within a period of three years.
Any road widening required shall be deemed to be approved under these Rules and
has to be adhered to by the owners / local body / licenced developer.
10.5
All Group Housing Schemes/ Group Development
Schemes/ Cluster housing / Residential Enclaves and row type development
schemes shall be developed with complete infrastructure facilities and
amenities as stated at (a) and (b) above.
10.6 These shall not be applicable in case of Government sponsored
Housing Scheme/ approved NGOs or private schemes, and the guidelines and
requirements as given in the National Building Code for Low Cost Housing /
Government orders shall be followed.
10.7 GROUP
DEVELOPMENT SCHEMES & GROUP HOUSING SCHEMES
Group
Housing Schemes are reckoned as Apartment blocks in two or more blocks. These
could be high-rise or simple walk-up units. Group Development Schemes are
reckoned as Building in two or more blocks in a campus or site, and could be
normal height buildings or high-rise blocks or combination of both.
(a)
The open spaces/setbacks for such type of development shall be as follows:
TABLE
V
|
Height
of building block |
Distance
to be maintained from periphery to building block |
Distance
between two blocks |
|
Up to 10 m* |
3 m |
2 m |
|
Above 10 m & up to 15
m* |
4 m |
3 m |
|
15m & upto 18 m** |
5 m |
4 m |
|
Above 18 m |
As per alround setbacks
required under High-rise buildings given in Table IV |
|
* Stilt floor permissible and is exclusive of
height of building up to 15 m. Height
of stilt floor shall not exceed 2.5 m
** Only Cellars excluded from height of Building
b) Common
amenities and facilities like shopping center, community hall or center / club
house etc. are required to be provided in up to 5 % of the area and shall be
planned and developed in cases where the units are above 50 in number and not be part of the residential
blocks.
c) A through public access road
of 9 m width with 2-lane black-topped is to be developed on any one side at the
periphery/ as per suitability and feasibility for the convenience of
accessibility of other sites and lands located in the interior.
d) In case of blocks up to 12 m
height, access through pathways of 6m width branching out from the internal
roads/loop road would be allowed. All internal roads and pathways shall be
developed as per standards.
e) Minimum of 10 % of site area shall be
earmarked for organised open space and be utilised as greenery,
tot lot or soft landscaping, etc. and shall be provided over and above the mandatory open spaces. This space may
be in one or more pockets.
10.8 ROW TYPE HOUSING / ROW TYPE SHOPPING
PRECINCTS:
a)
Minimum
site area : 1000 sq
m
b)
Minimum
size of individual plots for row houses / Row shops: 50 sq m.
Not more than 8 plots shall be developed
in a row.
Separation between two blocks shall not be
less than 6 mt, which may be an open space or an alley/pedestrian plaza.
Only internal staircase would be allowed.
c)
Minimum
width of internal roads: 9 m ;
Internal cul-de-sac road 6m
with max. length 50 mt. is allowed
d)
Minimum
open space : 10 %
of site area
e)
Height
permissible: 2
floors or 6 m for plots up to 125 sq m
Stilt
+ 2 floors for plots above 125 sq m for row houses
f)
Minimum
setbacks: Front
3m ; Rear 1.5 m
The setbacks in a row can be
interchangeable.
In case of row type shopping precincts,
back to back shops with above front setback of 3m would be allowed.
g) In
case of very large projects more than 5 acres, common amenities and facilities
like shopping center, community hall/club house etc. are required to be
provided in 5 % of the area.
h) In case of Row Type Shopping Precincts, common
basement parking in one or more levels would be permissible subject to
conditions mentioned in Rule (11).
10.9 CLUSTER
HOUSING
(a)
Minimum
site area: 1000 sq
m
(b)
Minimum
plot size for
cluster house: 25 sq m with maximum number of 20 houses in a cluster
(c)
Minimum
size of cluster open space: 36 sq m with a minimum width of 6m
(d)
Height
permissible: 2
floors or 6 m
(e)
Minimum
access road to the
Cluster Housing Complex: 9 m
Internal access may be through
pedestrian paths of 6 m
(f)
Minimum
space between two clusters: 6m which may be utilised as pathway/alley
(g)
Building
setbacks: No
setbacks are needed for interior clusters as the lighting and ventilation is
either from the central open space of cluster and the surrounding pedestrian
pathway/ access road of the cluster. However, interior courtyards may be
provided for larger plots and building areas to facilitate lighting and
ventilation. For end clusters sides that are abutting peripheral thoroughfare
roads, setback shall be as per the Building line given in Table III.
10.10 RESIDENTIAL ENCLAVES:
(a) These
would be allowed as gated development that are exclusive housing areas with
common compound wall with access control through gates and having their own
facilities and amenities. The housing units may comprise of row houses,
semi-detached, detached or Apartment blocks or a mix or combination of the
above. The building requirements would be as per the given type of housing.
(b) Residential
enclaves would be permitted only in those sites that give through access of
minimum 9 m peripheral road for the neighbouring plots or lands that are
located in the interior. They would be governed by good design standards and
not impinging on the overall accessibility and circulation network of the area.
(c) Minimum
size of site: 4000 sq m.
(d) Size
of plots and height permissible: as per type of housing and requirements as
given above for the respective type of housing.
(e) Minimum
Common Open space : 10 % of site area.
(f) Building setbacks: As per type of housing &
requirements given above for the said type of housing and as per Table III.
(g) Internal Road requirements:
· 9.0 to 18 m for main internal
approach roads;
· 9 m for other internal roads and
· 8 m for cul-de-sacs roads between
50-100 m length
· 9 m for looped roads
11. PARKING
REQUIREMENTS:
11.1 In all Complexes including Residential
Complexes, Hotels, restaurants and Lodges, business buildings, commercial
buildings, Institutional buildings like hospitals, Educational buildings like
schools and colleges, multi-storied buildings/Complexes, etc and all other
non-residential activities provision shall be made for parking spaces as per
the following requirements:
|
Category
of building/activity |
Parking
area to be provided as percentage of total built up area |
|
|
In
MCH Area |
In
Municipalities and rest of Development Authorities areas |
|
|
Shopping Malls with Multiplexes, Multiplex
Complexes, Information Technology Enabling Services Complexes |
60
% |
50
% |
|
Hotels, restaurants, lodges, Cinema halls,
business buildings, other commercial buildings, Kalyana Mandapams, Offices,
& high-rise buildings / Complexes |
40% |
30 % |
|
Residential
Apartment Complexes, Hospitals,
Institutional buildings, Industrial buildings, Schools, Colleges & other
educational buildings |
30 % |
20 % |
|
Godowns & Others |
20
% |
20
% |
11.2 The parking spaces may be provided in (for all Schemes) :
(a)
basements or cellars (one or more)/multi-level
(allowed for plots 750 sq m and above
only); or
(b)
on stilt floor or in upper parking floors (at
any level)
(c)
in the
open space over / setbacks (except the
front setback) to be left around the building with adequate vehicular access,
aisle, drives, ramps required for maneuvering of vehicles, or
(d)
common pool parking area (in the case of Group
Housing Scheme/Residential enclave/Cluster housing/Row housing schemes) or
(e)
a combination of any or all the above
11.3 The other aspects for providing parking spaces are:
(i) Common and Continuous cellar
parking floors between adjoining buildings would be allowed depending upon
structural safety aspects, mutual agreement between owners, etc.
(ii) The parking spaces should be efficiently designed and clearly marked
and provided with adequate access, aisle, drives and ramps required for
maneuvering of vehicles.
(vii) Stilt
floor /Cellar parking floor shall be used only for parking and not for any
habitation purpose. Misuse of the area specified for parking of vehicles for
any other use shall be summarily demolished / removed by the Enforcement
Authority.
(viii) For
parking spaces in basements and upper storeys of parking floors, at least two
ramps of minimum 3.6 m width or one ramp of minimum 5.4 m width and adequate
slope shall be provided. Such ramps may be permitted in the side and rear
setbacks after leaving sufficient space for movement of fire-fighting vehicles.
Access to these may also be accomplished through provisions of mechanical
lifts.
(ix)
Basement/cellar shall be set back at least 1.5
m from the property line.
(x)
Up to 10% of cellar may be utilised for
utilities and non-habitation purpose like A/C Plant room, Generator room, STP, Electrical
installations, Laundry, etc,
(xi)
Space over and above 6m in front setback may be
considered as off-street parking space.
(xii) Visitors
parking to be provided shall be 10 % of the area mentioned in Table VI, and may
be accommodated in the mandatory setbacks other than the front setback,
wherever such setbacks are more than 6m.The Visitors Parking facility shall be
open to all visitors.
(xiii) In
respect of Apartment Complexes / Building / Block, in sites up to 750 sq m the Parking requirement shall be deemed
to be met if the entire stilt floor is left for parking. A WC/Toilet facility
shall be provided for watch and ward in the stilt floor.
11.4 Encouragement for provision of Parking
Complexes
To encourage parking complexes, Parking
lots and enclaves, owners who develop parking complexes / Parking lots, the
following incentives would be considered:
(a)
equivalent built up area of such Parking
Complex / or area of Parking lot as the case may be would be considered as Transferable
Development right by the sanctioning authority.
(b)
In an existing area/locality where an owner or two or more owners come
together and develop combined or common parking Complex, pedestrian plaza/
subway, or improve/facilitate additional access by linking with surrounding
roads etc for public usage are provided, as part of their premises / land
development/improving the urban design aspects, additional bonus built up area
/TDR would be considered by the sanctioning authority.
(c)
The setbacks for Parking Complexes shall be as
follows:
front
as per building line
setbacks
on remaining sides 50% of setbacks given in Table III
(d) No fees and other charges
shall be charged by the Sanctioning Authority for the area/floors developed as
Parking Complex / Parking lot;
(e) A moratorium on property
tax for 5 years would be considered;
(f) For the next 5 years
Property tax shall be levied on the lowest slab of residential category.
Such
parking facility enclaves may be permitted along or off main commercial roads,
city center, close to Bus stations, Railway Stations and any public transport
system so as to encourage use of public transport, etc. Access to these parking
spaces in such Complexes may be accomplished through provision of mechanical lifts.
Such areas may be identified by the sanctioning authority and notified to
public every year by 1st April.
12. RESTRICTIONS ON PROJECTIONS ALLOWED IN MANDATORY OPEN SPACES:
Only
the following Projections shall be allowed in the mandatory open spaces /
setbacks / interior open spaces:
(i) No balcony projections or corridor
shall be permitted beyond the setbacks i.e., projecting within the mandatory
open spaces in case of non-high rise buildings. These, if provided for, shall
be set back as per the minimum mandatory open spaces and the setback shall be
clear from the edge of the balcony or corridor.
(ii) Cornice,
Chajjas / weather shades only of width not exceeding 60cm shall be allowed in
the mandatory setbacks.
(iii) In case of plots more than 300 sq m:
a. Sump, septic tank, well may be allowed in the
rear and side open spaces. These
shall need to be setback at least 1.5 m from the property or boundary line of
the plot.
b. Parking
sheds, generator room may be allowed in the rear and side open spaces.
c.
In the front setback only a security guard
booth of 2 sqm
The
height of these accessory buildings shall not be more than 2.50 m and shall not
occupy more than 1/4th of the plot width.
13. URBAN DESIGN AND ARCHITECTURAL CONTROL
For
certain areas as well as sites abutting major roads of 30 mt and above, the
Sanctioning Authority may enforce urban design and architectural control. These shall be detailed out keeping in view
the development conditionalities and requirements given in these Regulations
and the National Building Code norms. For this purpose, urban design and
architectural control sheets/Plans approved by the Sanctioning Authority shall
be complied with.
14. Obligations of the owner and licenced
developer/builder / licenced technical personnel to implement and develop the
Master Plan/Statutory Plan circulation network and specific land uses:
(1) Where any land or site or premises for
building is affected in the statutory plan/ Master Plan road or circulation
network or an road required to be widened as per a Road Development Plan, such
area so affected in the road or circulation network shall be surrendered to the
Sanctioning Authority by the owner of land. No development permission shall be
given unless this condition is complied with.
(2) Upon surrendering such affected area,
the owner of the site would be entitled
to a Transferable Development Right (TDR) as given in Rule 15 below.
the
owner shall be allowed to construct an extra floor with an equivalent built up
area for the area surrendered, subject to mandated public safety requirements.
15. GRANT
OF TRANSFERABLE DEVELOPMENT RIGHT:
Grant of Transferable Development Right (TDR) may be considered by the Competent
Authority for the following areas subject to the owner complying with the
conditions of development above, as per the following norms:
(a) For
the Master Plan road network undertaken and developed: equivalent to 100 % of built up area of such
area surrendered.
(b) For
conservation and development of lakes / water bodies / nalas foreshores & Recreational
buffer development with greenery, etc: equivalent to 50 % of built up area of such recreational buffer area
developed at his cost.
(c) For
Heritage buildings and heritage precincts maintained with adaptive reuse:
equivalent to 50 % of built up area of such site area.
The TDR may be arrived at on the basis of relative land value and
equivalent amount in both export and import areas, as per the Registration
Department records. The Competent authority shall have the discretion in the
matter of applicability of TDR. The TDR shall not be allowed in unauthorized
buildings/structures/constructions. The TDR Certificate would be issued by the
Competent authority would be valid or utilized/ disposed only within the
concerned local body area and as per guidelines and conditions prescribed by
the Competent Authority.
16. LEVY OF SPECIAL FEES AND
OTHER PROVISIONS FOR CERTAIN AREAS:
The Sanctioning Authority
with the specific approval of the Government may, when implementing such
Projects, levy Special fees and other fees / charges for lands / sites /
premises abutting or in the vicinity of the Ring Road or other highways / major
roads or the Mass Rail Transit System / Light Rail Transit / MMTS route
indicated in the Master Plan, at the rates and procedure prescribed by the
Government.
17. CITY LEVEL INFRASTRUCTURE IMPACT FEES
APPLICABLE IN CERTAIN CASES:
(1) With
a view to ensuring development of City Level Infrastructure facilities and levy
of Impact Fees, buildings are categorized as follows:
Type I : Buildings up to
height 15 m excluding stilt parking floor
Type II : Buildings of height above 15 m (excluding
stilt floor)
The
City level Infrastructure Impact Fees would be levied for Buildings under Type
II above as follows:
·
First 15 m or 5
floors (whichever is less): No levy of Impact fee
·
For any additional
floors or part thereof: at differential rates specified in Table below:
|
Occupancy / Use |
Height of Building (in metres) and rate in
Rs. per sq m of built up area |
|||
|
Above 15 m &
up to 21 m |
Above 21 m &
up to 30 m |
Above 30 m &
up to 50 m |
Above 50 m |
|
|
Residential |
Municipal Corporation Area |
|||
|
500 |
750 |
1500 |
3000 |
|
|
Other areas of UDA Area |
||||
|
250 |
500 |
1000 |
2000 |
|
|
Commercial,
Offices, ITES |
Municipal Corporation Area |
|||
|
1000 |
1500 |
2500 |
5000 |
|
|
Other areas of UDA Area |
||||
|
500 |
1000 |
2000 |
4000 |
|
|
Institutional, educational & Others
(except Industrial sheds) |
Municipal Corporation Area |
|||
|
300 |
500 |
1000 |
2000 |
|
|
Other areas of UDA Area |
||||
|
100 |
200 |
400 |
800 |
|
(2)
Alternatively, the
owner may be allowed to utilize TDR given in Rule 14 above, for such built up
area to the extent permissible wholly or use the same in combination of both
TDR and the differential impact fee for the proposed additional built up area
that is permissible under these Rules / Provisions. The Government may revise the above rates from time to time.
(3)
The above rates
shall not be applicable for Government Departments and public agencies like
Urban Development Authority, APIIC, local bodies and HMWSSB.
(4)
The amount levied
and collected under above Rule shall be credited and maintained in a separate
escrow account by the concerned sanctioning authority and 50% utilised for
development of infrastructure in the same area and balance utilised towards
improvement of city level capital infrastructure in the area. An Infrastructure
Plan and Action Plan for implementation is required to be undertaken by the
Competent authority and the said Fund utilised accordingly.
(5)
The Premium on
F.A.R. charges leviable in CDA area and the impact fees being levied in MCH
area are dispensed with.
18. INCENTIVES FOR OWNERS LEAVING MORE
SETBACKS / INSTALLING SOLAR HEATING SYSTEM / LIGHTING / RAIN WATER HARVESTING /
RECYCLING OF WASTE WATER:
The following incentives in terms of
rebate in Property tax will be given by the local authority for owners or their
successors-in-interest who:
(a) Construct the building /blocks by leaving more
setbacks than the minimal stipulated in these Rules:
Leaving
1.5 times the minimum setbacks in all sides:
10 % rebate*
Leaving
2.0 times the minimum setbacks on all sides : 20 % rebate*
* The
setbacks has to be on all sides to qualify for the rebate. Leaving more on one
side and the minimum on other sides would not qualify for such rebate.
(b) Install and use solar heating and lighting
system : 10 % rebate.
(c) Undertake both recycling of waste water and
rain water harvesting structures: 10 %
rebate
d) Where owners provide at least 25% additional
parking space over and above the minimum specified in Rule 11, they would be
allowed for a rebate of 10 % in property tax.
19. BUILDING
PERMIT/LICENSE FEES & UNDERTAKING:
a) The
Sanctioning Authority shall along with the Building Application levy and
collect 2% of the Building Permit / License fees, subject to a maximum of
Rs.10,000 as initial fees. The balance building permit / License Fees together
with other fees and Charges shall be levied and collected before the issue of
permission/sanction. In case of rejection of application, the above initial
fees would be forfeited.
b) No fees and charges would be
levied for parking spaces provided in stilt/cellar floors.
20.
COMPLIANCE BY OWNER FOR ENSURING
CONSTRUCTION IS UNDERTAKEN AS PER SANCTIONED PLAN:
a) The
owner and builder/developer shall give an Affidavit duly notarized to the
effect that in the case of any violation from the sanctioned building plan, the
Enforcement Authority can summarily demolish the violated portion. In respect
of Apartment Buildings, the owner or builder shall give a Declaration duly
specifying the number of floors permitted, the number of flats/apartments in
each floor along with the extent of each flat. In case of any violation with
regard to the Declaration, the Enforcement Authority can demolish the
violations.
b) Before
the release of the building sanction by the sanctioning authority, the owner of
the plot/site is not only required to produce the original Sale Deed,
registered under the provisions of the Indian Registration Act, 1908 for the
perusal of the sanctioning authority and cross verification with the attested
copy submitted with the building application.
c) The owner is required to hand over the ground floor area or first
floor or the second floor area, as the case may be, to the sanctioning
authority by way of a Notarised Affidavit and after the setbacks and open
spaces are demarcated on the site. The Notarised Affidavit shall be got entered
by the sanctioning authority in the Prohibitory Property Watch Register of the
Registration Department. Then only the Building sanction will be released and
the owner shall be allowed to commence the construction.
The system of taking a Security Deposit
is dispensed with.
(i) The
sale or disposal of such built up area under the said Notarised Affidavit by
way of sale, lease and registration of such buildings shall be allowed by the
Registration Authority only after an Occupancy Certificate is obtained from the
sanctioning authority.
(ii) In
case of any violation of building construction onto the setbacks or open space
or area to be left for any road widening, shall be removed by the owner within
one week of issue of Notice by the Enforcement Authority.
(iii) Upon
failure to comply with the above direction of the Enforcement Authority, the
Sanctioning Authority may dispose the handed over portion of the building by
public auction duly removing the violated portion.
(iv) The
sanctioned plans giving other details along with sanction date, built up area
permitted, area handed over to the sanctioning authority, and insurance policy
details shall be displayed by the owner/builder on Board at the site.
(v) A
comprehensive building compliance insurance policy has to be taken covering
aspects of building services, fire safety, maintaining mandatory setbacks /open
spaces, and landscaping of the site (the terms and conditions and other details
of which would be separately worked out) before commencement of construction,
21. OCCUPANCY CERTIFICATE:
(i)
Occupancy Certificate shall be mandatory for all buildings. No person shall
occupy or allow any other person to occupy any building or part of a building
for any purpose unless such building has been granted an Occupancy Certificate
by the Sanctioning Authority.
(ii) The
owner shall submit a notice of completion through the registered architect and
licenced builder/developer along with prescribed documents and plans to the
Sanctioning Authority. The Sanctioning Authority on receipt of such notice of
completion shall undertake inspection with regard to the following aspects:
(a)
Number of floors
(b)
External setbacks
(c)
Parking space
provision
(d)
Abutting road
width
and shall communicate
the approval or refusal of the Occupancy Certificate within 15 days or may
issue the same after levying and
collecting compounding fee, if any, as follows:
(iii) The sanctioning
authority is empowered to compound the offence in relation to setbacks
violations (other than the front setback) upto 10%, duly recording thereon the
violations in writing. The rate of Compounding fee shall be a minimum rate of
Rs.1000 per sq m of built up area on each floor in Municipal Corporation areas
and at the rate of Rs.500 per sq m in case of other Municipal areas and UDA
areas, and the Government may revise this rate from time to time. Compounding
of such violation shall not be considered for buildings constructed without
obtaining any sanctioned plan. This shall be maintained in a separate escrow
account and utilised towards improvement of the roads and public open spaces
development in the area.
(iv) For all high rise buildings, the work shall be subject to
inspection by the Fire service Department and the Occupancy Certificate shall
be issued only after clearance from the Fire Services Department with regard to
Fire Safety and Protection requirements.
(v) The functional/line agencies dealing with electric power, water
supply, drainage and sewerage shall not give regular connections to the
building unless such Occupancy Certificate is produced, or alternatively may
charge 3 times the rate in the absence of Occupation Certificate for such
buildings. In addition to the above, the local body shall collect every year
two times the property tax as penalty from the owner/occupier.
(vi) The Registration Authority shall register only the permitted
built up area as per the sanctioned building plan and only upon producing and
filing a copy of such sanctioned building plan. On the Registration Document it
should be clearly mentioned that the registration is in accordance with the
sanctioned building plan in respect of setbacks and number of floors.
(vii) The
financial agencies/institutions shall extend loan facilities only to the
permitted built up area as per the sanctioned building plan.
22. ENFORCEMENT
A) In addition to the enforcement powers and
responsibilities given in the respective laws of the local authority, in
respect of these Rules:
(i) The Enforcement Authority
concerned shall be wholly and severally responsible for ensuring and
maintaining the road right of way/width and building restrictions
as given in these Rules. The Enforcement Authority shall particularly check all
buildings/structures for any violations along all main roads/public roads and
take action to remove these.
(ii)
The Enforcement authority shall summarily
remove any violation or deviation in building construction in maintaining the
road widths and building line.
B) Constitution of Town Planning and Building
Tribunal:
The Government
shall constitute a Town Planning and Building Tribunal for dealing with all
town planning, enforcement and building issues by making necessary amendment to
the AP Urban Areas (Development) Act, 1975.
C) Constitution of Building Ombudsman:
The
Government may constitute a Building Ombudsman for dealing with all complaints
of building violations, shortfall in building standards, services and
specifications and safety aspects. The Government shall separately work out the
procedure, role and details of the functioning of the Building Ombudsman.
23. LIMITATIONS
OF BUILDING SANCTION:
Sanction of building permission by the Sanctioning
Authority shall not mean responsibility or clearance of the following aspects:
(i)
Title or ownership of the site or building
(ii)
Easement Rights
(iii)
Variation in area from recorded areas of plot
or a building or on ground
(iv)
Structural Reports, Structural Drawings and
structural aspects
(v)
Workmanship, soundness of structure and
materials used,
(vi)
Quality of building services and amenities in
the construction of building
(vii)
The site/area liable
to flooding as a result of not taking proper drainage arrangements as per
natural lay of the land, etc.
(viii) Other
requirements or licences or clearances required for the site/ premises or
activity under various other laws.
24. LICENSING
OF REAL ESTATE COMPANIES, DEVELOPERS, BUILDERS, TOWN PLANNERS, ENGINEERS &
OTHER TECHNICAL PERSONNEL MANDATORY:
(a) No
developer/builder/real estate firm or company/engineer/town planner/other
technical personnel shall be allowed to undertake development/do business/
practise in a Municipal Corporation/ UDA/ Municipal area unless they are
licenced with the sanctioning authority of the respective area. Architects
shall be required to be registered with the Council of Architecture.
(b) The
engaging of the services of a licenced developer/builder shall be mandatory for
Apartment Buildings, Group Housing Schemes, all types of gated developments
mentioned in Rule 10, all High-Rise Buildings, and all commercial complexes.
Developments undertaken for
construction of individual residential houses, normal
educational/institutional/industrial buildings and developments undertaken by
public agencies are exempted from the above condition.
(c) Any
developer/builder undertaking development or any firm doing property business
in any Municipal Corporation/UDA/Municipality or soliciting property sale/transactions or
advertising as such in case of above, shall necessarily mention the details of
its licence number, licence number of the licenced developer to whom the
approval is given by the said Municipal Corporation / UDA /
Municipality, together
with the permit number and its validity for information and verification of
public/prospective buyers.
(d) Absence of the
above or suppressing of the above facts or in the case of other licences and
other technical personnel who violate the conditions would invite penal action
including debarring of the real estate firm/development firm / company from
practice in the local authority area for 5 years besides prosecution under the
relevant laws / code of conduct by the sanctioning authority.
(e) Any licenced developer
/ builder / other technical personnel who undertake construction in violation
of the sanctioned plans shall be warned in the first instance and in the second
instance, this would entail cancellation of their licence besides being
prosecuted under the relevant laws / code of conduct.
(f) The format for
application forms for licencing of developers / builders, real estate firms,
town planners, architects, engineers, other personnel, and other conditions
shall be as prescribed.
S.P. Singh,
Secretary to Government.
To
The
Commissioner, Printing, Stationary and Stores Purchase, Hyderabad.
(with a request to public in the extraordinary Gazette of AP
on 04.03.2006 and furnish 1000 copies to Government)
The
Commissioner, Municipal Corporation of Hyderabad, Hyderabad.
The
Vice-Chairman, Hyderabad Urban Development Authority, Hyderabad.
The
Vice-Chairman, Cyberabad Development Authority, Hyderabad.
The
Vice-Chairman, Hyderabad Airport Development Authority, Hyderabad.
The
Vice-Chairman, Buddha Purnima Project Authority, Hyderabad.
The
Director of Town and Country Planning, Hyderabad.
All
Departments of Secretariat,
All Heads
of Departments.
The
Director General, Fire Services, Hyderabad.
The
Chairman and Managing Director, APTRANSCO., Hyderabad.
The
Managing Director, H.M.W.S. & S.Board, Hyderabad.
The
Managing Director, APIIC., Hyderabad.
The
Engineer-in-Chief (Public Health), Hyderabad.
The Commissioner, L.B.Nagar /
Kukatpally / Malkajgiri / Kapra / Uppal Kalan / Qutubullahpur / Alwal /
Rajendranagar / Serilingampally / Gaddiannaram / Ramachandrapuram / Patancheru.
The Commissioner and I.G. of
Registration and Stamps, Hyderabad
The Managing Director, A.P.Housing
Board, Hyderabad.
The District Collector, Hyderabad
District, Hyderabad.
The District Collector, Ranga Reddy
District, Hyderabad.
The District Collector, Medak
District, Sangareddy.
Copy to:
The Special Secretary to Honble
Chief Minister.
The P.S. to M ( M A & UD).
The P.S. to
Secretary to Government, MA&UD.
Sf/Sc.
//
Forwarded By Order //
Section Officer.
The
Government by Notification may modify, alter or add to the list of the areas
given in Annexures below.
LIST OF CONGESTED AREAS / OLD AREAS/SETTLEMENT AREAS
(See Rule 6 and 7 )
A.
In
M.C.H. Area (Ward-Wise & Block-Wise):
HYDERABAD DIVISION:
CATEGORY
I
Maximum Height Permissible For All Types of Residential
Buildings / Complexes : 10 M
Other Occupancies : 12 M
|
Ward No. |
Blocks |
Name of the Locality
/ Area |
|
Ward 13 |
1, 2, 3 |
Mustaidpura, Dhulpet, Ziaguda, Mangalhat, Kulsumpura, Karwan. |
|
Ward 14 |
1 to 22 |
Dhulpet,
Goshamahal, Shahinyathgunj, Chudibazar. |
|
Ward 16 |
3 to 9 |
Chanchalguda, Malakpet, Azampura, Old Malakpet, Dabirpura, Chaderghat |
|
Ward 17 |
3 to 8 |
Saidabad, Rainbazar, Eddibazar, Madannapet, Yakutpura, Kattalmandi. |
|
Ward 18 |
5 to 9 |
Bhavaninagar, Riasatnagar, Uppuguda, Sultanshahi, Mirzumla
Tank, Aliabad. |
|
Ward
19 |
1 to 2 |
Ghatakanipura, Doodbowli, Fateh Darwaza. |
|
Ward
20 |
1 to 7 |
Shalibanda, Hussainialam, Kazipura. |
|
Ward
21 |
1 to 7 |
Madinabazar, Ladbazar, Petlaburz, Patelmarket, Ghansibazar. |
|
Ward
22 |
1 to 8 |
Sultanpura, Noorkhan Bazar, Purani Haveli. |
|
Ward
23 |
1 to 6 |
Mogulpura, Haribowli etc. |
SECUNDERABAD DIVISION:
|
Ward
I |
3 to 6 |
Kalasiguda, General Bazar etc. |
|
Ward III |
1, 2,
3 |
Avula Mandi, Angreji Bazar. |
|
Ward II |
1, 4, 5 |
Ramgopalpet, Market Street. |
|
Ward VII |
1, 2, 3 |
Monda Market, Ghas Mandi etc. |
|
Ward - VIII |
1 to 3 |
Sivajinagar, Second Bazar. |
B) All notified slum areas and EWS Housing areas
C) Outside
M.C.H. Area:
i) All Village settlements / Abadi
areas
ii) Moulali area Jagadgirigutta, Suraram and all
other slum areas and EWS Housing areas
CATEGORY
II
Maximum Height Permissible For All
Types of Residential Buildings / Complexes:
15 M
Other Occupancies: 18 M
|
Ward No. |
Blocks |
Name of the Locality
/ Areas |
|
Ward 1 |
3 to 9 |
Kavadiguda, Bholakpur, Bakaram, Musheerabad, Zamistanpur,
Azamabad, Bagh Lingampally, Ramnagar, Adikmet. |
|
Ward 2 |
1, 2 & 4 |
Nallakunta, Shankermath, Bagh Amberpet, Golnaka Vidyanagar, Tilaknagar. |
|
Ward 3 |
1 to 5 |
Nimboliadda, Lingampally, Old M.L.A. Quarters, Qutbiguda. |
|
Ward 4 |
2, 4, 6, 8. |
Gowliguda, Sultanbazar. |
|
Ward 5 |
1 to 3 5 to 8 |
Koti, Jambagh, Troopbazar. Malakunta, Goshamahal, Agapura, Mangalhat, Kazani
Hospital. |
|
Ward 6 |
2 3 |
Part Chintalbasti &, Khairtabad. Punjagutta |
|
Ward 7 |
1 |
Ameerpet |
|
Ward 10 |
1, 4, 5 |
2nd Lancer, Humayun Nagar, Ahmednagar, Masab Tank,
Chintalbasti Part. |
|
Ward 11 |
1 to 4 |
Mallepally, Bazarghat, Niloufer Hospital Shantinagar |
|
Ward 12 |
1 |
Mehdipatnam, Guddimalkapur, Asifnagar. |
|
Ward 15 |
1 to 5 7 to 9 |
Afzalgunj, Begumbazar, Bus Depot, Osmanshani, Pheelkhana. |
SECUNDERABAD DIVISION:
|
Ward IV |
1 to 6 |
Chitrani Theatre/Hill Fort area |
|
Ward V |
1 |
James Sreet. |
|
Ward VIII |
2, 3, 4, 5, 6 |
Bansilalpet, Boiguda, Kavadiguda. |
|
Ward IX |
2 and 3 |
Regimental Bazar. |
|
Ward X |
1, 3, 5 |
Marredpally, Tukaram Gate, East Maredpally. |
|
Ward XI |
1 to 4 |
Sitapalmandi, Chilkalguda, Parsigutta. |
|
Ward XII |
1, 2, 5, 8 & 10 |
Lalapet, Lalaguda, Boudhanagar, Malkajgiri Municipality,
Chandanagar, Lingampally, Kukatpally APHB Phase I & II, Kamalanagar and
Khusaiguda |
ANNEXURE II
LIST OF AREAS PROHIBITED FOR
HIGH RISE BUILDINGS
A) IN MCH
AREA (Except plots abutting 30 M and above roads
this condition will not be applicable to the areas mentioned at S.No.3 below)
1.
All
Areas Mentioned in Annexure I.
2.
Secunderabad
Area Ward Nos. I, II, III, IV Complete.
3.
Banjara
Hills-Jubilee Hills Area and Areas Ward
No. 8 Blocks 1, 2 and 3 (Part).
4.
Ward
Nos. 4, 5, 11,
14 and 15 Complete.
5.
Ward
Nos. 1 and 7 Complete.
6.
Ward
No. 3 Block No. 2, 3 and 4.
7.
Area
around Charminar covered by Ward Nos. 20, 21, 22 and 23 Complete.
8.
Falaknuma
Area Covered by Ward No. 19 Block No. 4.
9.
Golconda
Fort Area covered by Ward No. 9 Block Nos. 1, 2, 3, 4, 6, 8, 10 and 11.
10.
Asmangadh
Area covered by Ward No 16 Block No 2
1.
All
Village Settlement Areas.
2.
Areas
Covered by G.O.Ms.No.111 MA, dated 08.03.1996 (Protection of Catchment areas of
Osmansagar and Himayatsagar lakes)
3.
1 km
from the Boundary of Proposed International Airport, Shamsabad.
4.
1 km
from boundary of all Defense Airports and Defense Establishments.
SKY SCRAPER ZONE
The Minimum Height of High Rise
Buildings permissible in this Zone is 12 floors (36 Metres) and above.
The Minimum Plot Size Is 4000 Sq M
and the minimum approach road shall be 24 m
Areas permissible for Sky Scraper
Zone:
(i)
All
Along the Inner Ring Road outside present MCH limits.
(ii)
Along
River Musi outside present MCH limits.
(iii)
Gachi
Bowli Raidurg Khajaguda - Manikonda Area.
(iv)
South
of International Airport Mankhal - Bagh Mankhal Harshagudem Area.
(v)
APHB
Singapore Township Rampally- Ghatkesar.
(vi)
Kollur
Edulanagupallii Velimella Nanakramguda - Gopanpalli Area.
(vii)
Nallagandla
Tellapur Area.
(viii)
Miyapur
- Aminpur Sultanpur Area.
(ix)
All
Sites Abutting Proposed 29 Radial Roads outside present MCH limits.
(x)
All
along the Outer Ring Road up to a depth of 500 meters on either side in areas
other than those covered in G.O.Ms.No.111 MA, dated 08.03.1996.
(xi)
1 km
radius from MMTS Stations located in areas other than in Annexure II.
S.P. Singh,
Secretary to Government.
Section Officer.