Training Module on AP Building Rules. May 2015 Supported ...cdma.telangana.gov.in/docs/NIUM_Modules/AP Building Rules 2012.pdf · 2.6.5 Regularization of Unauthorized Constructions:

Training Module on AP Building Rules.

May 2015

Supported under

Comprehensive Capacity Building Programme (CCBP)

Ministry of Urban Development

Government of India

Integrated Land use Transportation Plan Page 2 of 36

Prepared by: Module Preparation Team:

K. Sudhakar, Team Leader, State Reforms Performance Management, Telanagan

State.

2. Editorial Advise, Guidance and Review

3. Content Contributions:

Mr.Ravi Rohan, UMC, Senior Research Associate, UMC

Mr.Vijay Bhaskar, Senior Research Associate, UMC

Mr.Narendhranath Reddy, Team Leader, RPMC, Eluru.

Ranjith.K Team Leader,RPMC Proddatur

Mr. Raghu Ram, Team Leader, RPMC, Mahabubnagar

INTENDED

AUDENCE(S)

Municipal Commissioners, Municipal Engineer, City

Planner, Sanitary Inspector, Municipal Health Officer,

Revenue Inspectors etc.

LEARNING

OBJECIVES

To provide an understanding of the concept of

Building Rules.

To provide a step by step tool for facilitating

adoption of AP Building Rules.

MODULE

OVERVIEW

Every person who intends to erect, re-erect or make alternation in

any place in a building or demolish any building shall give notice

in writing to the Authority of his intention in the prescribed form

and such notice shall be accompanied by plans and statements in

sufficient copies. The plans may be ordinary prints on ferro-

paper or any other type, one of them shall be cloth mounted. One

set of such plans shall be released and the rest retained in the

office of the Authority for record after the issue of permit or

refusal as the case may be.

MODULE DEIVERY

OUTLINE

MODULE

ACTIVITIES

Presentaion, Group excersice and Teaching.

SUPPORTING

MATERIALS

Copy of AP Building Bye law

MODULE

FEEDBACK

MODULE

DEVELOPER

SRPMC.

Outline of the Module

Module on Planning Laws and Building Regulations

iv

Contents of the Enclosed Compact Disc (CD)

1. Soft Copy of the Module in PDF Format

2. Power Point presentation of the Module

3. Reference Material for all Sub Modules

i. AP Building Rules

ii. Development Control Regulation

4. Other Related Documents


v

Contents

1 Building By-laws .................................................................................................................. 1

1.1 PROCEDURE FOR OBTAINING BUILDING PERMIT. ...................................................... 1

1.2 Size of Drawing Sheets and Colouring of Plans ........................................................... 3

1.3 Height Regulations of buildings .................................................................................. 4

1.4 Various GO’s amended for Building Regulations ........................................................ 5

2 Menace of Unauthorised Constructions .......................................................................... 15

2.1 Why unauthorized constructions arise? ................................................................... 15

2.2 Impacts of Unauthorized Constructions ................................................................... 16

2.3 Major Types of Violations in Unauthorised Constructions ....................................... 17

2.4 Constraints in Controlling Unauthorized Constructions ........................................... 18

2.5 Preventive Action against Unauthorized Constructions ........................................... 19

2.6 Statutory provisions for taking action against unauthorized developments: .......... 21

2.6.1 A.P. Municipalities Act 1965 .............................................................................. 21

2.6.2 Amendments to Section 340: AP Municipalities Act ......................................... 22

2.6.3 Hyderabad Municipal Corporation Act 1955 ..................................................... 23

2.6.4 A.P. Urban Areas (Development) Act 1975 ....................................................... 23

2.6.5 Regularization of Unauthorized Constructions: Andhra Pradesh ..................... 27

3 Transferable Development Right: Mumbai Municipal Corporation ................................ 28


1

1 Building By-laws

The Building Bye-Laws shall apply to the building activity in the State/Urban

Centre/Town for which they are framed.

1.1 Procedure for Obtaining Building Permit.

1. Notice: Every person who intends to erect, re-erect or make alternation in any

place in a building or demolish any building shall give notice in writing to the

Authority of his intention in the prescribed form and such notice shall be

accompanied by plans and statements in sufficient copies. The plans may be

ordinary prints on ferro-paper or any other type, one of them shall be cloth

mounted. One set of such plans shall be released and the rest retained in the office

of the Authority for record after the issue of permit or refusal as the case may be.

2. Copies of Plans and Statements: Normally 4 copies of plan and statement shall be

made available along with the notice. In case of building schemes where the

clearance is required from Chief Fire Officer, the number of copies of the plans and

statements accompanying the notice shall be 6. In case of sites requiring the

clearance of lessor, extra copies of the plan shall be made available.

3. Information Accompan yin g Notice: The notice shall be accompanied by the

location plan, site plan, subdivision / layout plan, building plan, services plan,

specifications and certificate of supervision, ownership title and other documents as

prescribed by the Authority.

4. Documents: Application for building permit shall be accompanied by the following

documents:

a. Ownership Documents-lease-deed/sale-deed etc. duly accompanied by

an annexed site plan; giving the physical description of the plot/property. In

such cases where lease- deed has not been executed, no objection

certificate from the Authority/lesser. Also an affidavit/undertaking for

handing over of the land required for road widening as in Appendix B.


2

b. In case of any deviation from the terms and conditions stipulated in the lease

deed/ ownership document, necessary clearance from the Authority.

c. No objection certificate from the Authority regarding land use as per

Master/Zonal Plan, if required.

d. Approval from the Chief Inspector of Factories in case of Industrial Buildings;

as well as from the Pollution Control Board, wherever required.

e. Approval from Chief Controller of Explosives, Nagpur and Chief Fire Officer, in

case of hazardous buildings.

f. Indemnity Bond in case of proposal for the construction of a basement as

given in Appendix-B-1.

g. Approval from Chief Fire Officer, in case of building defined under clause

1.13. VI (a to m) shall be required.

h. The notice shall also be accompanied by an attested copy of house tax

receipt/NOC from the Assessment Department of the local body concerned.

i. No objection certificate from the Civil Aviation Department wherever

required.

j. Undertaking as at Appendix A-5 on non-judicial stamp paper of the amount

prescribed by the Authority.

k. In case the site falls in the built-up area declared as slum under any Act no

objection certificate from the Competent Authority, from slum clearance and

land use points of view.

l. In case the application is for a Farmhouse, Motel, and approval/NOC from the

Competent Authority from land acquisition point of view.

m. In case of the leasehold plots, clearance from the lessor with regard to the

lease conditions shall be obtained wherever required.


3

n. For individual plot, wherever required, approval of the site from the

Competent Authority, if not the part of already approved layout plan.

o. Any other information/document, which the Authority may require in case of

listed buildings or otherwise.

1.2 Size of Drawing Sheets and Colouring of Plans

The size of drawing sheets shall be any of those specified in Table

Sl. No. Designation Trimmed Size, (mm.) 1 A0 841 x 1189 2 A1 594 x 841 3 A2 420 x 594 4 A3 297 x 420 5 A4 210 x 297 6 A5 148 x 210

Colouring Notations for Plans: The plans shall be coloured as specified in table

Sl.No. Type Colour 1. Proposed work including services Red 2. Existing construction proposed to be demolished. Yellow 3. Existing structure to be retained Blue 4. Work in progress duly sanctioned Green 5. Open Space Not to be coloured

National Institute of Urban Management 4

1.3 Height Regulations of buildings

Areas

Height (No. of Floors), Use of the Building and Rate in Rs. per sq. m of Built Up Area

Above 15 m & up to 7floors

Above 7 floors & up to 10 floors

Above 10 floors & up to 17 floors

Above 17 floors

Res

iden

ti

al

Commercial, Offices, ITES, Institutional, Educational & Others (except Industrial) R

esid

enti

al


esid

enti

al


esid

enti

al

Commercial, Offices, ITES, Institutional, Educational & Others (except Industrial)

1 2(a) 2(b) 3(a) 3(b) 4(a) 4(b) 5(a) 5(b)

HMDA Area

GHMC 500 1000 750 1500 1500 2500 3000 5000

Municipalities 250 500 500 1000 1000 2000 2000 4000

G.P Areas 175 250 350 500 750 1000 1500 2000

UDA Areas

Municipal Corporations

350 500 500 1000 1000 2000 2000 3000

Rest of the UDAs 175 350 350 500 750 1000 1500 2000

Other than UDA Areas

Municipal Corporations

350 500 500 800 1000 1500 2000 2000

Municipalities Sel/Spl/1st grade

150 350 250 500 400 1000 800 1500

2nd/3rd/N.Ps/G.Ps 100 200 200 300 300 500 500 1000


1.4 Various GO’s amended for Building Regulations

S.No RULE NO / G.O.Ms.No.

PROVISION MODIFIED RULE NO

MODIFICATION REMARKS

1 3 & 4 of G.O.86, 678,302 & 569

3. Restriction on Minimum Building Plot Size along abutting roads in new developments and layouts

4.1 Minimum Approach road requirement for sites in new areas/layout areas:

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:

-

Deleted As the Rule pertains to layouts


2 5 (b) (ii) of G.O.302,678 & 569

5. Restrictions of building activity in vicinity of certain areas

b) (ii)100 meters from the River edge outside Municipal Corporation /Municipal limits and 50 meters within Municipal Corporation/ Municipal limits. No permanent constructions / structures will be permitted within the above-mentioned buffer zone.

3 (a) (ii) (1) 45m from the edge of the River outside the Municipal Corporation / Municipality / Nagar Panchayat limits and 30m with in the Municipal Corporation / Municipality / Nagar Panchayat limits.

M.C. Rajahmundry has informed that no. of structures are existing very near to Godavari River. As they are existing since long time and to avoid unauthorized construction he requested to reduce the buffer at least to 10m. In view of the above modification is considered

3 5 (g) (i) In Case of Bajanra Hills and Jubilee

Hills there is height ceiling of 15m for

both residential and commercial

buildings the height beyond 10m in

these areas shall be permitted only if

the plots abuts to minimum 40ft wide

road.

The above provision shall not be

applicable to Apartment complexes

3 (j) Apartment Complexes

and Institutional Buildings

are also permissible


4 7 Table-III

G.O.86,

678,302 & 569

1. less than 100sq.m site area Front

setback is varying from 1.5m to 7.5m

and setback on other side is varying

from 0m to 1.5m

2. 100-200sq.m site area Front

setback is varying from 3m to 7.5m

and setback on other side is 1m

3. 200- 300sq.m site area Front

setback is varying from 3m to 7.5m

and setback on other side is 1m to

1.5m

5 Table-III 1. less than 50sq.m site

area Front setback is

varying from 1.5m to 3m

and on other sides no

setback

2. 50-100sq.m site area

Front setback is varying

from 1.5m to 3m and on

other side setback is

varying from 0m to 0.5m



from 1.5m to 3m and on

other side is 1m on other

side setback is varying 1m



from 2m to 6m and on

other sides varying from

1m to 1.5m

In addition to above the

plot size group are made

equal with G.O.86

Smaller Plots abutting to roads

of higher width are unable to

leave the required front

setbacks due to high front

setback. In order to remove the

difficulty faced by small plots

holder, and to encourage

compliance of the building

approvals the front setback is

reduced for plots up to 300m

site area to cater the needs of

the small plot holders.


5 7.1 (g) (xii) of

G.O.86, 678 & 7.1 (i) (f) (11)

of G.O.302 &

7.1 (p) of 569

In case of plots above 300 sq. meters

and upto 750 sq. meters, it is

permitted to transfer up to one meter

of setback from one side to the other

side, and in case of plots above 750

sq. meters, it is permitted to transfer

up to 2 meters of setback, which

needs to be uniform at any given

point, subject to maintaining of

minimum building line in the front.

5(f) (viii) & (ix) viii. In case of plots 300 -

750sq.m, it is permitted

to transfer up to 1m of

setback from any one

side to any other side

without exceeding overall

permissible plinth area.

The transfer of setback

from front setback is not

allowed.

ix. In case of plots above

750sq.m, it is permitted

to transfer up to 2m of

setback from any one

side to any other side


permissible plinth area,

subject to maintaining of

a minimum 2.5m setback

on other side and a

minimum building line.

The transfer of setback

from front setback is not

allowed

It is proposed to avoid the

misuse of the existing provision

6 5(d) c.*In case of commercial To provide parking facility for


buildings proposed in

plots having an extent of

500-750sq.m cellar floor

for parking may be

considered subject to

condition that required

parking shall be fulfilled

as per Table-V and

feasibility on ground

commercial buildings in smaller

site

7 7.1(b) of G.O.

86, 678, 302 &

56

Stilt parking floor permissible is

exclusive of height of building up to

15mts. height of stilt floor shall not

exceed 3.0mt. In case of parking

floors where mechanical system and

lift are provided, height of such

parking floor upto 4.0mt. could be

considered.

5(f) (ix) iii. Height of stilt floor

shall not be less than

2.5m. In case of parking

floors where mechanical

system and lift are

provided, height of such

parking floor shall not be

less than 4.5m.

Maximum height of the stilt

floor is removed and only

minimum height is indicated as

2.5m to have a better clarity


8 9.6 Table-IV of

G.O. 86, 678,

G.O. 302, G.O.

569

For high rise buildings of height above

50m alround setback is 16m and

abutting road width 30m

For the high rise buildings of height

more than 40m approval of the Govt.

is required

For the high rise buildings of height

more than 30m approval of the Govt.

is required

7(a)(ix) Required setback for the

buildings of height up to

55m is specified and

after 55m 0.5m

additional setback for

every 5m of height shall

be insisted

It is desirable to have more

setbacks for increasing heights

of buildings beyond certain

height

And height restrictions is

deleted in respect of Municipal

Corporations (G.O.302) and

Municipalities (G.O.569) in

order to have uniform policy

9 7.1 (g) (xiv)

G.O.86, 678,

302 & 569

For narrow plots, Where the length 4

times the width of the plot 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.

5(f)(x) For narrow plots having

extent not more than

400sq.m and where the

length is 4 times of the

width of the plot, 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

side setback of 1m in case

of buildings of height up

This rule is being exploited by

the applicants by making the

plots as narrow plots by

amalgamating the plots to fulfill

the norms of the narrow plots.

Due to this the buildings with

height of 18m with only 1m

setback is being constructed

due to which the lighting and

ventilation to the neighboring

buildings is deprived. Hence this

is suitably modified.


to 10m and minimum of

2m in case of buildings of

height above 10m and up to 15m


permissible plinth area.

(This Rule shall not be

applicable for made-up

plots).

10 8 of G.O. 86,

678, 302 & 569 ENCOURAGEMENT FOR BUILDINGS

WITH U-Type CENTRAL COURTYARDS

12 BUILDINGS WITH U-Type

CENTRAL COURTYARD for

commercial use

Previously there was no

mention of use of the building.

As per the prevailing rules the

“U”-Shape building is

permissible with 1m side

setbacks. There may not be a

problem to allow such buildings

in commercial area but in

residential areas the lighting

and ventilation is reduced to

the neighboring buildings.

Hence it is restricted to

commercial buildings in the

modified rules

11 15 of G.O. 86,

678, 302 & 569 GRANT OF TRANSFERABLE

DEVELOPMENT RIGHT

17 GRANT OF TRANSFERABLE

DEVELOPMENT RIGHT The M.C. G.V.M.C. has stated

that it has become very difficult


For the Master Plan road network

undertaken and developed:

equivalent to 100 % of built up area

of such area surrendered

For the Master Plan Road

/ Road Development Plan

undertaken and

developed: equivalent to

200% of built up area of

such area surrendered.

to them to acquire properties

free of cost for formation of

BRTS corridor hence requested

to give more incentives to

encourage the acquisition of

lands for BRTS and other major

road widening without paying

any compensation.

12 10.12 of G.O.

302

13.4 of

G.O.569

TECHNICAL CLEARANCE FROM

COMPETENT AUTHORITY 24 HIGH RISE BUILDING

COMMITTEE High Rise Building Committees

are specified for HMDA & UDAs

also.

13 10.12 of G.O.

302

13.4 of

G.O.569

TECHNICAL CLEARANCE FROM

COMPETENT AUTHORITY 24 HIGH RISE BUILDING

COMMITTEE High Rise Building Committees

are specified for HMDA & UDAs

also.

14 As per Building Rules the permission

is valid for 3yeards subject to

conditions that the construction shall

be commenced with in 1 year

19(d) BUILDING PERMIT /

LICENSE FEES

The permission is valid for

5years in case of High Rise

Buildings & Group

Development Schemes

and 3years in case of Non

High Rise Buildings

It is observed that the

construction of High Rise

Building is taking more than 3

years period and

representations have been

received by Govt. for extension

of validity period.

The building permission validity


subject to condition that

the construction shall be

commenced with in

18months. The

permission can be

revalidated for another

2years on payment of

building permit fee

period is enhanced for High

Rise Buildings and Group

Development Schemes up to 5

years

15 21 of

G.O.86,678 &

302

22 of G.O. 569

OCCUPANCY CERTIFICATE Parameters (a) Number of floors (b) External setbacks (c) Parking space provision (d) Abutting road width

26 (b) OCCUPANCY CERTIFICATE

Parameters

*No. of Floors

External setbacks

Usage of the building

Parking space provision

Abutting road width

* The total height of the

building may vary to a

maximum of 1m with no

change in the permitted

number of floors subject

to compliance of fire

service norms

Use of the building also made

mandatory for issue of

occupancy certificate as it is

observed that after obtaining

approval for residential

buildings are being converted

for commercial uses, schools,

colleges etc.. which the not

permissible in certain locations

and which require more parking

area, NOC from Fire Services

Dept. and many other

conditions.

Further with reference to height

also the deviations up to 1m

subject to Fire Services norms

are prescribed which will


facilitate to obtain Occupancy

Certificate depending on the

ground condition.


2 Menace of Unauthorised Constructions

Unauthorized constructions or developments are becoming a menace in several local bodies

during the course of urban development. These constructions, which are in violation of

master plans, zoning/building regulations, town planning law or municipal law need to be

handled firmly. They include: undertaking or carrying out construction or development of

any land in contravention of statutory Master Plan or Development Plans, or without

permission, approval or sanction of the competent authority, or in contravention of any

conditions of permission, approval or sanction subject to which such permission, approval

or sanction has been granted

Unauthorised constructions create severe pressure on roads, water supply, drainage and

other infrastructure systems in the town apart from leading to disorderly, unplanned and

haphazard developments leading to traffic congestion, pollution, etc. The menace of

unauthorised constructions has to be curbed at the initial stage itself. A key function of the

Municipal Commissioner and Town Planning officials, particularly those working at the field

level is to ensure the planned development of the city/town so as to facilitate healthy and

good living conditions for the people.

2.1 Why unauthorized constructions arise?

The main reasons for unauthorised constructions or developments are:

i. Eagerness on the part of applicant for maximum utilization of site so as to get

maximum construction/returns but not being penalised for the same;

ii. Lack of awareness among citizens regarding (a) advantages of complying with

building rules and development regulations for the construction of buildings and (b)

the penalities that may be imposed constructions or developments not complying

with laws and regulations;

iii. High land cost and smaller plot sizes;

iv. Building regulations not being considered appropriate and not being accepted by

applicants;


v. Land use controls perceived not to be necessary or appropriate;

vi. Non-regulation of unauthorized layouts by owners as well as planning/municipal

authorities;

vii. Ineffective and inadequate development control machinery - lack of proper training

and orientation;

viii. Dependence of municipal officers on lower level staff for the detection of

unauthorised constructions, issue of notices and demolition;

ix. Collusion of officials with violators of Master Plans, Zonal Development Plans, Layout

and Building Rules;

x. Non-fixation of clear responsibilities on lower level town planning staff, officers and

Municipal Commissioners;

xi. Lack of co-ordination between departments, namely Electricity, Water Supply,

Engineering, Revenue, Health (Trade Licenses) etc., for controlling unauthorized

development activity; and

xii. Interference of Courts in unauthorized constructions and lack of prompt action by

Municipality to deal with Court cases, especially vacating stay.

2.2 Impacts of Unauthorized Constructions

Unauthorised constructions seriously affect the planned development of the city/town and

cause many problems to the community at large.

These include:

a. Adverse impact on general health of the residents by denying them natural light and

air and exposing them to fire hazards or risks from calamities;

b. Serious traffic problems on account of required parking space not being provided

for;


c. Lack of provision of proper infrastructure on account of unauthorised and irregular

development of buildings; and

d. Excessive pressure on existing infrastructure systems like water supply and sewerage

leading to disruption of service to general public.

In the case of unapproved layouts, roads with proper width, water and sewer lines and

adequate open spaces are not being provided, leading to poor quality development.

Changes in usage of buildings, especially unauthorised conversion from residential to

commercial use are leading to problems to traffic, safety and health of the residents of

neighbourhoods.

2.3 Major Types of Violations in Unauthorised Constructions

The major types of violations of town planning norms/regulations in unauthorised

construction cases include the following:

i. Projecting/Extending RCC roof into the all round setbacks.

ii. Converting/enclosing open balconies into built-up area;

iii. Covering duct portions;

iv. Covering off set portions;

v. Covering tot-lot;

vi. Reducing the common area and converting the same into built-up area;

vii. Reducing all-round setbacks;

viii. Construction of additional floors;

ix. Conversion of parking places at stilt, cellar and sub-cellar levels into saleable/

habitable areas;

x. Conversion of normal residential building into flats;

xi. Conversion of residential buildings into commercial use;


xii. Non-compliance with Fire Safety regulations.

2.4 Constraints in Controlling Unauthorized Constructions

The key constraints in controlling unauthorised constructions are:

I. Lack of awareness among the citizens regarding the necessity of having a building

with adequate open spaces to provide natural light and ventilation;

II. Lack of professionalism/care on the past of builders, licensed architects, structural

engineers in regard to the necessity to construct buildings as per building

regulations;

III. Grossly inadequate town planning staff in Urban Local Bodies for the regulation of

unauthorized constructions;

IV. Lack of modern equipments and trained personnel for carrying out demolition of

unauthorized constructions;

V. Lack of willing co-operation from police authorities to town planning staff in the

tasks of demolition of unauthorized constructions;

VI. Stay orders, status quo orders, etc. by various Courts even in the absence of issuance

of notices by Municipal Authorities;

VII. Absence of Building Appellate Tribunal for trying town planning cases exclusively as

in the case of several other matters like Land Grabbing Court, Consumer Court, etc.;

VIII. Non-insistence on submission of Occupancy Certificate in the case of buildings

constructed before providing essential service connections such as Electricity, Water

Supply, Sewerage, etc.;

IX. Registration of unauthorizedly constructed buildings even when there is no

sanctioned plan or permission from the Municipal Corporation/Municipality; and

X. Lack of proper support from local representatives/leadership to municipal

administration in dealing with unauthorised constructions.


2.5 Preventive Action against Unauthorized Constructions

In addition to levy of heavy penalty/fines on unauthorized constructions or demolition,

there is every necessity to initiate preventive actions, including awareness campaign for

regulation of unauthorized constructions. The following preventive measures are

recommended for controlling the menace of unauthorized constructions:

I. Simplification of the rules and procedures for easy understanding by the public and

effective implementation; codification of all Rules, Byelaws and orders in the form of

one Building Code for all Urban Local Bodies/Urban Development Authorities;

II. Periodic awareness campaigns should be launched with various stakeholders

regarding the necessity and advantages of complying with Building Byelaws as is

being done in the case of health awareness campaign.

III. Municipal authorities should publish booklets regarding the procedure to be

followed for obtaining building permission and the consequences of resorting to

unauthorized constructions. The booklets may be made known to the public and

publicised adequately. All cases of penal action taken against unauthorised

constructions may also be published widely.

IV. ULBs may publish a Monthly Bulletin pertaining to building permissions granted and

layouts approved with all details and this may be made available to the public at a

reasonable cost, apart from being placed in the Website of ULB. In addition, the list

of unauthorized constructions and unauthorised layouts may also be included in the

Bulletin indicating the nature of violations and with warning issued to prospective

buyers or buildings or plots.

V. It is noticed that several citizens and NRl’s are purchasing apartments and open plots

without fully apprising themselves regarding the transactions and later on facing

innumerable problems in the enjoyment of the property. Hence, a Counselling

Centre/Facilitation Centre may be opened in the ULBs with participation of all

concerned Departments / Institutions to provide, among others, the following

information at a reasonable cost within a stipulated time:


a) Ownership information of the property in question as per records available in ULB

Revenue Department;

b) Approval of layout by competent authority;

c) Approval from competent authority regarding the construction of building;

d) Land Use as stipulated in Master Plan and Zonal Development Plan;

e) Usage of the building as per sanctioned plan; and

f) Any other information as deemed appropriate by the authority.

The above information may also be posted in the Website of ULB.

a. Third party inspection may be got conducted by municipal authorities on the status

of constructions in plots exceeding 500 square metres by engaging licensed technical

personnel. Monthly status reports should be submitted by the licensed technical

personnel on payment of prescribed fee. Guidelines may be evolved for the

engagement of technical personnel for third party inspection.

b. Modern equipment and trained / skilled personnel must be available with the

Municipalities to undertake demolition of deviations from sanctioned plans/

unauthorized constructions. The ULBs may outsource the activity relating to

demolition of deviations/ unauthorized constructions by engaging qualified agencies

for this task.

c. Separate Tribunals for trying town planning violations may be set up with a Town

Planning member on the Tribunal.

d. Public opinion may be mobilised against unauthorised constructions/developments

duly involving the civil society.


2.6 Statutory provisions for taking action against unauthorized

developments:

2.6.1 A.P. Municipalities Act 1965

While dealing with unauthorized constructions and deviations/violations, the Municipalities

should identify such constructions/deviations/violations at the initial stages and should take

prompt action as per the provisions of the AP Municipalities Act 1965.

As per the APM Act, 1965 and the procedures laid down, the following series of action are

required to be initiated while dealing with unauthorized constructions/deviations/ violations

of town planning regulations duly recording them at the initial stages itself (which will

facilitate easy rectification and evidence in court cases) and issue a provisional order U/s

228 (1) & (2) of APM Act 1965 by giving specified time to the owner to comply. If he does

not comply with the notice then the Provisional Order issued shall be confirmed and a

confirmation notice will need to be issued U/s 228 (3) of APM Act by giving specified time to

comply. Even then, if the owner does not comply, charge sheet shall be filed in the Court of

Law under Section 340 of APM Act and the owners be convicted and fined.

After conviction, the Urban Local Body has to issue a notice U/s 360 of APM Act, directing

the owner to demolish the deviations, violations or un-authorized portions of the buildings

and bring the structures in conformity with the rules; otherwise the ULB will demolish the

said portions of construction and recover the expenses of demolition incurred from the

owner.

When the owner is convicted and fined in a Court of Law for unlawful construction, such

offence shall be treated as continued offence till the owner brings the construction in

conformity with the rules by removing the deviations/violations and obtains permission

from the Municipality. Under section 340 of APM Act, it was provided that a fine for

continuous offence may extend in the case of buildings to one hundred rupees subject to

minimum of ten rupees and in the case of a well or hut to ten rupees subject to a minimum

of two rupees, for each day from the day after the date of conviction. The provisions have

been amended to bring in very strict provisions.


2.6.2 Amendments to Section 340: AP Municipalities Act

2.6.2.1 Provision for Imprisonment and Fine

1. Section 340:

Notwithstanding anything contained in the APM Act, any person who, whether at his own

instance or at the instance of any other person or anybody including a department of the

Government, undertakes or carries out construction or development of any land in

contravention of the statutory master plan or without permission, approval or sanction or in

contravention of any condition subject to which such permission, approval or sanction has

been granted shall be punished with imprisonment for a term which may extend to three

years, or with fine which may extend to ten percent of the value of land or building

including land in question as fixed by the Registration Department at the time of using the

land or building.

Provided that the fine imposed shall, in no case be less then fifty percent of the said

amount.

2.6.2.2 Provision for Sealing of Premise

2. Section 340 A:

i. It shall be lawful for the Commissioner, at any time, before or after making an

order for the removal or discontinuance of any unauthorized development or

construction under section 228, to make an order directing the sealing of such

development or property or taking the assistance of the police, for the purpose of

carrying out the provisions of the APM Act.

ii. Where any development or property has been sealed, the Commissioner, may for

the purpose of removing or discontinuing such development or property, order

such seal to be removed.

iii. No person shall remove such seal except, under an order made by the

Commissioner, or under an order of the Appellate Tribunal or the appeal made in

this behalf.


2.6.3 Hyderabad Municipal Corporation Act 1955

1. As per the provisions contained under Sections 428 & 433 of HMC Act, 1955, every

person who intends to construct a building or intends to make additions or

alterations to an existing building shall obtain sanction from the Commissioner,

GHMC who is the executive authority. Once sanction is accorded, work has to be

executed strictly as per the sanctioned plan without any deviations/contrary to

provisions of HMC Act duly giving commencement notice in the prescribed proforma

as required u/s 440 of the Act.

2. If no permission is taken under said Sections, it is deemed to be unauthorised

construction and the Commissioner, GHMC is empowered to take action for

demolition against the deviations made to the sanctioned plan and also against the

unauthorised construction made without permission under sections 452, 461 & 636

of HMC Act, 1955. (Process being followed in GHMC as per circular instructions

Cir.No.7700/TPS/HO/ GHMC/2009, Dt:05.01.2011)

2.6.4 A.P. Urban Areas (Development) Act 1975

Under Section 41 of APUA (D) Act 1975, any person who, whether at his own instance or at

the instance of any other person or anybody, including a department of the Government,

undertakes or carries out development of any land in contravention of the Master Plan or

Zonal Developments Plan or without the permission, approval or sanction referred to in

Section 13 of the Act or in contravention of any condition subject to which such permission,

approval or sanction has been granted shall be punishable with fine which may extend to

ten thousand rupees, and in the case of a continuing offence, with further fine which may

extend to five hundred rupees for every day during which such offence continues after

conviction for the first commission of the offence.

Any person, who uses any land or building in contravention of the provisions of Section 15

of the Act or in contravention of any terms and conditions determined by regulations under

the provision to the Section, shall be punished with fine which may extend to five thousand

rupees, and in the case of a continuing offence with further fine which may extend to two


hundred and fifty rupees for every day during which such offences continues after

convictions for the first commission of offence.

Any person, who obstructs the entry of a person authorized under Section 40 of the Act to

enter into or upon any land or building or molests such persons after such entry, shall be

punished with imprisonment for a term which may extend to six months or with fine which

may extend to one thousand rupees, or with both.

2.6.4.1 Order of Demolition under Section 42

Under Section 42 of APUA (D) Act 1975, where any development has been commenced or is

being carried on or has been completed in contravention of the Master Plan or Zonal

Development Plan or without the permission or approval or sanction referred to in Section

13 of the Act in contravention of any condition subject to which such permission, approval

or sanction has been granted.

i) In relation to a development area, any officer of the Authority empowered by it in

this behalf,

ii) In relation to any other area within the local limits of a local authority, the

competent authority thereof,

may in addition to any prosecution that may be instituted under this Act, make an order

directing that such development shall be removed by demolition, felling or otherwise by the

owner thereof or by the person at whose instance the development has be commenced or

is being carried out or has been completed, within such period being not less than 5 days

and not more than 15 days from the date on which a copy of the order of removal, with a

brief statement of the reasons therefore has been delivered to the owner or that person as

may be specified in the order; and on his failure to comply with the order, the officer of the

authority or, as the case may be, the competent authority may remove or cause to be

removed the development and the expenses of such removal shall be recovered from the

owner or the person at whose instance the development was commenced or was being

carried out or was completed as arrears of land revenue;

Provided that no such order shall be made unless the owner or the person concerned has

been given a reasonable opportunity to showcase why the order should not be made.


If any development in an area specified in sub-section (7) of Section 13 has been

commenced or is being carried on or has been completed in contravention of the Master

Plan or Zonal Development plan or without the permission, approval or sanction referred to

in Section 13 or in contravention of any condition subject to which permission, approval or

sanction has been granted and the competent authority has failed to remove or cause to be

removed the development within the time that may be specified in this behalf by the

Director of Town Planning, the Director may, after observing such procedure as may be

prescribed, direct any officer to remove or cause to be removed such development and that

officer shall be bound to carry out such direction and any expenses of such removal may be

recovered from the owner or the person at whose instance the development was

commenced or was being carried out or was completed as arrears of land revenue.

Any person aggrieved by an order under sub-section (1), may appeal to the Vice-Chairman

of the Authority against that order within 30 days from the date thereof, and the Vice-

Chairman may after hearing the parities to the appeal either allow or dismiss the appeal or

may reverse or vary any part of the orders:

Provided that where the original order is passed by the Vice-Chairman himself the appeal

shall lie to the Authority.

Any person aggrieved by the direction of the Director of Town Planning under sub-section

(2), may appeal to the Government within 30 days from the date of thereof; and the

Government may, after giving an opportunity of hearing to the person aggrieved, either

allow or dismiss the appeal or may reverse or vary any part of the direction.

The decision of the Vice-Chairman of the Authority or the Government and subject to any

decision on appeal, the order under sub-section, (1) or, as the case may be, the direction

under sub-section (2), shall be final and shall not be questioned in any court of law.

The provisions of this Section shall be in addition to, and not in derogation of, any other

provisions relating to demolition of buildings contained in any other law for the time being

in force.

In this Section and in Section 43, ‘competent Authority’ in relation to a local authority

means any authority or officer of that local authority empowered or authorized to order


demolition of buildings or stoppage of building operations contained in any other law for

the time being in force.

2.6.4.2 Power to Stop Unauthorized Developments Under Section 43

Section 43 of APUA (D) Act 1975 stipulates that where any development in any area has

been commenced in contravention of the provisions of Section 13 or without the

permission, approval or sanction referred to in that section or in contravention of any

condition subject to which such permission, approval or sanction has been granted:

a. In relation to development, the authority or any officer of the Authority empowered

by it in this behalf;

b. In relation to any other area specified in sub-section (7) of Section 13 within the local

limits of a local authority, the competent authority thereof; may in addition to any

prosecution that may be instituted under this Act, make an order requiring the

development to be discontinued.

Where such development is not discontinued under sub-section (1), the Authority may

remove the development that has been commenced within such time as may be specified.

If any development specified under sub-section (7) of Section 13 has been commenced in

contravention of Mater Plan/ Zonal Development Plan or without permission/ approval or

sanction granted and the competent authority failed to make an order under sub-section

(1), a requisition under sub-section (2) within the specified time in this behalf by the

Director of Town Planning, the Director may, after observing such procedure as may be,

shall be bound to carry out such direction, and order or direction made by him in pursuance

of the direction shall be complied with accordingly.

After the requisition under sub-section (2) or sub-section (3) has been compiled with, the

Authority or the Competent Authority or the officer to whom the direction was issued by

the Director of Town Planning under sub-section (3), as the case may be, may depute, by a

written order, a police officer or employee of the Authority or Local Authority concerned to

watch the place, in order to ensure that the development is not continued.


Any person failing to comply with an order under sub-section (1) or as the case may, be

under sub-section (3), shall be punished with fine which may extended to two hundred

rupees for every day during which the non-compliance continues after the service of the

orders.

No compensation shall be claimed by any person for any damage which he may sustain in

consequence of the removal of any development under Section 42 after discontinuance of

the development under this section.

The provisions of this section shall be in addition to, and not in derogation of any other

provision relating to stoppage of building operations contained in any other law for time

being in force.

2.6.5 Regularization of Unauthorized Constructions: Andhra Pradesh

Unauthorized constructions have come up in large numbers in Hyderabad and other cities of

Andhra Pradesh as in their counterparts elsewhere due to various reasons. These

unauthorized buildings are not brought to municipal accounts. Accordingly, the

Municipalities lose revenues on two counts: non-payment of development charges and fees

linked to construction permission and non-collection of property taxes. Surveys reveal that

in bulk of the cases of unauthorized developments, the violations are not critical and could

be compounded subject to appropriate safeguards. Considering this, the Government of

Andhra Pradesh vide Government Order No.243, Municipal Administration and Urban

Development Department, dated 22.5.96 has issued orders prescribing certain ranges of

penal amount for regularization of unauthorized constructions by Municipal Corporations,

Urban Development Authorities and Municipalities in the State as a one-time offer. The

orders were revised vide Government Order No.382 Municipal Administration and Urban

Development Department, dated 27.7.96 fixing the rates of regularization charges as

follows:

2.6.5.1 Residential buildings

(a) Upto ground + 2 floors

Area upto 100sq.mts 101 to 200Sq.m.


Plot Area Plot Area

1 Intensive developed and populated area Rs. 10,000 Rs. 15,000

2 Central administrative area Rs. 7,500 Rs. 10,000

3 Other areas Rs, 5,000 Rs, 7,500

(b) Every additional floor over and above Ground + 2 floors

Rs. 5,000/- per each floor

(upto 200sq.m. of plot area)

2.6.5.2 Commercial buildings

(a) Upto ground + 2 floors (Area upto 200sq.mts Plot Area)

1 Intensive developed and populated area Rs. 20,000

2 Central administrative area Rs. 15,000

3 Other areas Rs. 10,000

(b) Every additional floor over and above Ground + 2 floors

Rs. 10,000/- per each floor

(upto 200sq.m. of plot area)

3 Transferable Development Right: Mumbai Municipal

Corporation

The TDR Regulations describe the salient features of a Development Right Certificate and

specify certain conditions for the grant such instruments as follows:

1. Development Rights Certificates (DRCs) will be granted to an owner or a lessee only for

reserved lands which are retainable/non-retainable under the Urban Land (Ceiling and

Regulations) Act, 1976 and are available only for prospective development of

reservations;

2. DRCs will be issued by the Municipal Commissioner himself. They will state, in figures

and in words, the FSI credit in square metres of the built-up area to which the owner or

lessee of the reserved plot in question is entitled, the place and user zone in which the

Development Rights (DRs) are earned and the areas in which such credit may be utilised;


3. The built-up area for the purpose of FSI credit in the form of a DRC shall be equal to the

gross area of the reserved plot to be surrendered and will proportionately increase or

decrease according to the permissible FSI of the zone where from the TDR has

originated;

4. When an owner or lessee also develops or constructs the amenity on the surrendered

plot at his cost and hands over the amenity to the Corporation free of cost, he may be

granted a further DR in the form of FSI equivalent to the area of the

construction/development done by him;

5. If a holder of a DRC intends to transfer it to any other person, he will submit the DRC to

the Commissioner with an appropriate application for an endorsement of the new

holder's name, i.e., transferee on the said Certificate;

6. Irrespective of the location of the land in which they originate, the DRCs shall not be

used in the densely developed Island City;

7. The user who will be permitted for utilisation of the DRCs on account of Transfer of

Development Rights will be as under:

Zone in which designated /

reserved plot is situated

User to be permitted in receiving areas

Residential (R) Only residential users and in residential zones only

Commercial (C-2) Commercial (C-2) users if the plot where the FSI is to

be utilized is situated in C-2 zone.

Commercial (C-1) if the plot where the FSI id to be

utilized is situated in C-1 zone

Residential only in Residential Zones

Commercial (C-1) Commercial (C-1) if the plot where the FSI is to be

utilized is suitable in C-1 Zone.

Residential in Residential Zones

Industrial (I-1), (I-2), (I-3) Residential only in Residential Zones

8. DRs will be granted and DRCs issued only after the reserved land is surrendered to the

Municipal Corporation or State Government;


9. A DRC will be a transferable "negotiable instrument" after due authentication by the

Commissioner;

10. The surrendered reserved land for which a DRC is to be issued shall vest in the

Corporation or the State Government and such land shall be transferred in the City

Survey Records in the name of the Corporation or the State Government, as the case

may be.


Summary of the Module

Unauthorized constructions or developments are becoming a menace in several local bodies

during the course of urban development. These constructions, which are in violation of

master plans, zoning/building regulations, town planning law or municipal law need to be

handled firmly. They include: undertaking or carrying out construction or development of

any land in contravention of statutory Master Plan or Development Plans, or without

permission, approval or sanction of the competent authority, or in contravention of any

conditions of permission, approval or sanction subject to which such permission, approval

or sanction has been granted

In addition to levy of heavy penalty/fines on unauthorized constructions or demolition,

there is every necessity to initiate preventive actions, including awareness campaign for

regulation of unauthorized constructions. The following preventive measures are

recommended for controlling the menace of unauthorized constructions: Simplification of

the rules and procedures for easy understanding by the public and effective

implementation; codification of all Rules, Byelaws and orders in the form of one Building

Code for all Urban Local Bodies/Urban Development Authorities;Periodic awareness

campaigns should be launched with various stakeholders regarding the necessity and

advantages of complying with Building Byelaws as is being done in the case of health

awareness campaign.

Unauthorized constructions have come up in large numbers in Hyderabad and other cities of

Andhra Pradesh as in their counterparts elsewhere due to various reasons. These

unauthorized buildings are not brought to municipal accounts. Accordingly, the

Municipalities lose revenues on two counts: non-payment of development charges and fees

linked to construction permission and non-collection of property taxes. Surveys reveal that

in bulk of the cases of unauthorized developments, the violations are not critical and could

be compounded subject to appropriate safeguards. Considering this, the Government of

Andhra Pradesh vide Government Order No.243, Municipal Administration and Urban

Development Department, dated 22.5.96 has issued orders prescribing certain ranges of

penal amount for regularization of unauthorized constructions by Municipal Corporations,

Urban Development Authorities and Municipalities in the State as a one-time offer