Brs-lrs Handbook of Guidelines

8/20/2019 Brs-lrs Handbook of Guidelines

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Municipal Administration & Urban Development Department

Government of Telangana

November, 2015

HANDBOOK OF GUIDELINES FOR

BUILDING REGULARISATION ANDLAYOUT REGULARISATION

1. Regulation of unauthorizedly constructed buildings andbuildings constructed in deviation to the sanctioned plan

2. Regulation of unapproved and illegal layouts

M a i n R o a d

M a i n R o a d

Road Road

GREATER HYDERABAD MUNICIPAL CORPORATIONMunicipal Complex Tank Bund Road Hyderabad - 500 063

Toll Free No.: 155304 or 1100 or 1253www.ghmc.gov.in


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CONTENTS

Layout Regularisation - 2015

5. Guidelines for Regularisation of Unapproved and Illegallayouts in Municipal Corporations, Municipalities,Urban Development Authorities and Grampanchayats fallingin Master Plan Limits. 23

6. Frequently Asked Questions 27

7. Telangana Regularisation of Unapproved and Illegal LayoutRules-2015 issued vide G.O. Ms. No 151, M.A. & UD,Department, Dated 02-11-2015 29

8. Application Format with Enclosures 37

9. G.O.Ms No. 439 MA dated 13.6.2007 44

10. G.O.Ms No. 158 MA dated 23.3.1996 49

11. G.O.Ms No. 146 dated 31.10.2015 52

PART-II

Building Regularisation - 2015

1. Guidelines for Regularisation of unauthorisedly constructed buildings 1

2 Frequently Asked Questions 4

3. The Telangana Regularisation of unauthorizedly constructedbuildings and buildings constructed in deviation of thesanctioned plan Rules 2015 issued vide G 0 Ms No 152 MA,

dated 02.11.2015 7

4. Application Format with Enclosures 15

PART-I


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Part - I

TELANGANA REGULARISATION OF

UNAUTHORIZEDLY CONSTRUCTED BUILDINGS AND BUILDINGS CONSTRUCTED IN DEVIATION OF

THE SANCTIONED PLAN RULES-2015


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1. Introduction:Telangana State has experienced rapid growth of urbanization and the population of Hyderabad has increased to 70 laas per census 2011. Telangana State has been making rapid strides in economic development in the recent paConsequently the migration to urban areas from villages has increased manifold. There is a great spurt in constructiactivity to meet the increased demand for buildings due to general economic development and migration from rural areIn this process of development, it is noticed that a large number of unauthorized layouts and unauthorized buildings cropping up in urban areas.

2. Background:

In order to regulate such type of constructions and to bring them into the main stream of planned development, tGovernment have already taken measures and brought out Revised Building Rules in the year 2012 wherein effectenforcement systems and mechanisms have been created such as mortgaging 10% of built-up area which are assured

making Occupancy Certificate mandatory for obtaining electricity and water & sewerage connections, severe penalties building violations, registration of buildings to be done only as per sanctioned plans etc. While the Revised Building Rutake care of regulating the present and future developments, there is a felt need for finding a pragmatic solution for certtypes of constructions in deviation of sanctioned plan or unauthorized constructions that have come up in large numbover a period of time.

3. Amendments to Municipal Laws:

The Government, with a view to regulate the unauthorized constructions, has come up with a pragmatic solution namRegularisation of unauthorized constructions and constructions in deviations of the sanctioned plan in order to help tpeople to bring unauthorized constructions in to planning fold and also to remove the threat or fear of demolition.

It is an opportunity for the public for their benefit to get their unauthorized constructions regulated. To give effect to t

above policy relevant Municipal Laws have been amended for this purpose and Statutory Rules have been issued implementation of Compulsory Disclosure Scheme for Penalisation and Regulation of Unauthorizedly ConstructBuildings and Buildings constructed in deviation to the sanctioned plan.

4. Objectives of Regularisation:

I. To regulate each and every building constructed unauthorisedly or in deviation of the sanctioned plan so acreate deterrence against any such practice.

II. To bring all the unauthorized constructions into planning fold and to regulate the development in urban areas

III. To provide an opportunity to the owners of the buildings to regulate their unauthorized constructions deviations made to the sanctioned plan.

IV. To provide relief to several persons who have purchased buildings without any knowledge about the buildregulations.

5. Applicability:

Telangana State Regularisation of Unauthorizedly Constructed Buildings and Buildings constructed in deviation of tsanctioned Plan Rules-2015 (herein after called BR) envisages the penalization and regulation of certain categoriesbuildings. The scheme is applicable to the following cases in the jurisdiction of all Municipal Corporations, Municipalitand Urban Development Authorities in Telangana State.

1. GUIDELINES FOR REGULATION OF UNAUTHORISEDLY CONSTRUCTED BUILDINGS AND BUILDINGS CONSTRUCTED IN DEVIATION TO THE SANCTIONED PLAN INMUNICIPAL AND URBAN DEVELOPMENT AUTHORITY AREAS


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(a) They shall be applicable to existing buildings in the jurisdiction of all Municipal Corporations, MunicipalitHyderabad Metropolitan Development Authority and Urban Development Authorities in the State of Telangaconstructed from 01.01.1985 to 28.10.2015.

(b) Existing Buildings constructed without obtaining sanction from the competent authority from 1-1-85 till the dof publication of T.S. Municipal Laws and Urban areas (Development) Act-2008.

Explanation: Existing Building means a building with a Property Tax Assessment or a Building which has bepurchased prior to the date of notification of the Rules by way of a Registered Deed or a Building with roof slab as

28-10-2015.

6. Regularization not to apply to certain sites:

(a) Encroachment on Government land or property belonging to Public undertakings, Housing Board, TelangState Industrial Infrastructure Corporation, Urban Development Authorities, Local bodies, Endowments, WBoard, etc.;

(b) Land for which the applicant has no title;

(c) Surplus land declared under Urban land Ceiling /Agriculture Land Ceiling/ lands resumed under Assigned La(POT) Act;

(d) Buildings affected under alignment of any road or proposed road under Master Plan/Zonal Developm

Plan/Road Development Plan or any other public roads/MRTS;

(e) Tank bed and Sikham lands;

(f) Areas prohibited for construction under GOMs No. 111 MA&UD Dept., dated 8-3-1996 (protectionCatchment area of Osman Sagar and Himayat Sagar lakes);

(g) Layout / Master Plan open spaces / Areas earmarked for Recreation Use / open space use in Master Plan/Zodevelopment Plan;

(h) Buildings that are not in conformity with land use and zoning regulations approved in Master Plan/Zodevelopment Plan;

(i) Sites under legal litigation/ disputes regarding ownership of the site / building;

(j) Area earmarked for parking as per sanctioned plan; (k) Unauthorized constructions without any building sanction in unapproved / unauthorizedlayouts, for wh

prior approval of site/plot under regularization of unapproved and illegal layout rules shall be obtained;

However in case of Rule 9(k), applications for Regularization will be accepted if the applicant encloses Acknowledgment of the Application made for regularization of the unauthorized site / plot under the relevant ruto the competent authority.

7. Exemptions from BR:

Buildings constructed prior to 01.01.1985 exempted from these Rules.

8. Compulsory Submission of Applications:

Applications under BR shall be filed compulsorily in the prescribed form with all enclosures by the owners of the buildinmentioned in Para 5 in the office of the Municipal Corporation / Municipality / Urban Development Authority as the camay be within 60 days (i.e. by 31-12-2015) from the date of publication of the Rules.

9. Who can apply under BR:

The following persons can apply under BR:

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1. Owner of the building

2. Registered G.P.A. Holder

3. Developer / Builder / Association who has developmental rights

10. Services of Technical Personnel:

In every Municipality, Municipal Corporation, Urban Development Authority licensed technical personnel will be authoriz

by the Municipal Commissioner/ Vice Chairman as the case may be to assist citizens in filling up the application form apreparation of building and site plan. In addition, the citizens can utilize the services of Registered Architects for filling the application form and preparation of plans.

11. Prior clearance from other Authorities / Departments:

(a) In respect of cases of residential buildings 18 m and above in height, Commercial buildings 15mts. and abovheight, and buildings of public congregation like schools, cinema theatres, function halls and other assembuildings on plot area of 500 sq. mts. and above or of height above 6mts as stipulated in Section 13 of tAndhra Pradesh Fire Service Act, 1999 NOC from Fire Service Department.

(b) From Airport Authority of India wherever applicable.

(c) Irrespective of height of the building, necessary certificate from licensed structural engineer (in case of High

Building)/ licensed engineer (in case of non-High Rise Building) as the case may be with regard to structural safcompliance of such buildings needs to be submitted.

Applicants shall submit application along with the above details within the stipulated time. However, an additiotime period of three months will be allowed for filing the Clearances as required under Rule 4 (a) and 4(b).

12. Payment of fees and charges:

(a) The owner/applicant shall pay the Charges as given in Annexure-I / Annexure -II as applicable along with Application for Regularization and other details. The Charges are levied for the total violated built up area onfloors. The Charges include Building permit fee, Development Charges, Betterment charges, Impact Fees, etc. other fees and charges shall be levied and collected. The actual regularization charges will be percentage of baregularization charges mentioned in Annexure III and same shall be calculated based on the land value prevail

as on 28.10.2015. (b) The above fees and charges shall be remitted by way of Demand Draft drawn / RTGS in favour of the Compe

Authority.

(c) The above amounts paid are not refundable. However, in cases of rejection, the Competent Authority may refthe amount after retaining 10% of the above amount paid by the applicant towards scrutiny and processcharges. In case of bonafide error in calculation, the excess amount paid may be refunded.

13. Scrutiny and Timeline for disposal of applications:

All the applications received under BR would be disposed off within 6 months from the last date for receipt of applications

14. Competent Authorities:

The following are the Competent Authorities for disposal of applications.

1. The Municipal Commissioner in there respective areas falling in the Municipal Corporations and Municipal lim

2. The Metropolitan Commissioner, HMDA / Vice-Chairman of Urban Development Authority in case of areas faloutside Municipal Corporations or Municipality in the HMDA / UDA area

16. Violation after submission of application:

During verification, if it is found that the applicant has undertaken further additions or extensions to the existing buildi


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then such application shall be summarily rejected duly forfeiting the entire regularization amount and necessary action shbe taken against the unauthorized building including demolition as per the law.

17. Issue of Occupancy Certificate:

In case of approval, the Competent Authority shall issue proceedings to the effect that all proceedings and action enforcement initiated or contemplated against the said construction are withdrawn and then issue Occupancy Certificatethe applicant.

18. Appeal:

(a) Any applicant aggrieved by an order passed by the Competent Authority under Rule 6, may prefer an appeathe Committee constituted by the Government within thirty days from the date of receipt of the order providthe applicant has paid the necessary charges and submitted documents as specified in Rule 3 and 5 of these rule

(b) All the appeals shall be disposed off within 3months.

Q1. What are the advantages of Regularisation of Unauthorised Constructions?

A: The constructed building will get formal orders of regulation which will remove the uncertainty and threat

demolition and will get the occupancy certificate which is mandatory as per Municipal LawsQ2. Is it compulsory to apply for regularisation of Unauthorised Constructions?

A: Yes.

Q3. What are the consequences if I do not apply?

A: Action will be taken against such unauthorised construction as per the provisions of the Municipal Laws for levyexemplary fines including demolition of the unauthorized constructions and levy of 100% additional penalty property tax continuously.

Q4. Unauthorised construction made before1.1.1985 can be regularised if applied?

A: Persons who have made unauthorized constructions before 1.1.1985 need not apply. However, if persons apunder BR, it will be considered subject to verification of structural stability and heritage angle.

Q5. My neighbor has complained against me on building setbacks violation and a case is pending in the court. CI apply for building regularisation?

A: Yes, provided there are no specific court orders/directions in this matter.

Q6. Whether unauthorized construction made in a parking area which was in excess of the required parking arcan be regularized under these rules?

A: No. The said area has to be utilised for parking only.

2. FREQUENTLY ASKED QUESTIONS UNDER BR

19. Failure to come forward for Regularization of unauthorized constructions:

Where an application for regularizing the unauthorizedly constructed building has not been made as per rule3:

(a) Such unauthorized constructions would be treated as continuing offence and Penalty as per law would

be levied.

(b) Other enforcement action including demolition shall be initiated by the local authority as per law.

(c) No further building approvals shall be considered by the building sanctioning authority in the said site.

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Q7. Permission has been obtained for one use (e.g. residential use) and constructed as per plan but the use of tbuilding is changed (e.g. for commercial use),can it be regularized?

A: Yes, only in case of land use earmarked for such purpose in the sanctioned Master Plan

Q8. Sanction for construction of the building is obtained but the sanctioned copy is not available. How tregularization charges will be levied?

A: The concerned Municipality shall assist the applicant to trace out the copy of sanctioned plan from the Municirecords. If it is found that there is no sanction for the said construction, the entire building will be treated

unauthorized and regularization charges will be levied accordingly.

Q9. Permission is obtained for 3 floors but constructed 4 floors. What regularization charges will be levied?

A: If the permitted 3 floors are constructed as per plan no regularization charges will be collected for the 3 floors. If thare deviations in the permitted floors, the regularization charges will be collected as per that rate. But the entire 4floor will be treated as unauthorized construction and regularization charges will be collected as per that category.

Q11. Permission was obtained for individual residential building but converted in to Apartment Complex. Whetsuch apartments are eligible for regularization?

A: Yes, regularization charges will be levied as applicable in the case of apartment complexes.

Q12. Whether Constructions made in parks, green areas and layout open spaces are eligible for regularization?

A: No.

Q13. Permission was obtained for stilt for parking + 5 floors for apartments but converted the stilt floor for otpurposes (flats/shops/office etc). Whether the apartments in the upper 5 floors are eligible for regularization

A: Constructions made in the stilt floor are not eligible for regularization. However apartments in upper floors eligible for regularization. Prompt action will be taken for removal of structures in the parking area.

Q14. Whether the pent houses constructed over Stilt + 5 floors Apartment Complex can be regularized?

OR

I have a flat on the 3rd floor of an Apartment Complex with sanctioned plan of 5 floors which has balcoviolations. In addition to these violations, the owner/ builder constructed a pent house on the 6thfloor asold off the pent house. What penalties do I need to pay under these Rules?

A: Pent houses in buildings of height less than 18 meters are eligible for regularization. In cases where penthoconstruction is making the building height more than 18 meters then the pent houses can be considered subjectproduction of No Objection Certificate (NOC) from Fire Services Department and Airport Authority of India and afurnished certificate from licensed structural engineer (in case of High Rise Building)/ licensed engineer (in casenon-High Rise Building) as the case may be with regard to structural safety compliance of such buildings.

Pent Houses exceeding the above stated limits would be treated as High Rise Buildings and all provisions of High Buildings for the entire building shall be applicable in such cases.

Q15. Whether the constructions affected in road widening are eligible for regularization?

A: Constructions / buildings falling in the road widening portion are not eligible for regularization. However remaining portion is eligible for regularization after handing over the affected portion to the Urban Local Body.

Q16. Whether the constructions made in the area earmarked for Tot-lot are eligible for regularization?

A: No.

Q17. Whether the constructions made in deviation to the Special Regulations applicable to the Banjara Hills /JubiHills are eligible for regularization?

A: Yes


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Q18. There are cases where certain builders are constructing additional floors during the interregnum period. Wthese be covered under these regularization Rules?

A: No. Such additional constructions are liable to be demolished besides taking penal action against the buildincluding black-listing.

Q19. A Builder has taken approval under the new Revised Building Rules, 2012 mortgaging the area as requiunder the said rules. He is constructing in violation of the sanctioned plan. Whether he is eligible fpenalisation under these Rules?

A: Yes, the building regularization is applicable for all buildings constructed prior to 28.10.2015.

Q20. My builder has unauthorisedly constructed an additional cellar for parking. Will the parking floor considered for regularization?

A: Yes, the same shall be earmarked for parking purpose only.

Q21. Whether the regularization charges can be paid in installments?

A: Yes, regularization charges may be paid in two installments i.e.,50% of the total regularization charges or minimRs.10,000/- whichever is less shall be paid along with submission of application form and the balance amount shbe paid not beyond six months from the date of application.

Q22. Whether regularization charges paid in excess will be refunded?

A: Yes, refunded after issue of the proceedings.

Q23. If the application is rejected, whether the regularization charges paid are returned?

A: Yes, 10% of regularization charges will be deducted towards scrutiny and processing fee.

In case of false declaration/misrepresentation of facts regularization charges will not be refunded.

Q24. Permission is taken in two plots by amalgamating them but constructed in one plot only, what would be tregularization charges?

A: The regularization charges will be levied on excess built up area i.e, Difference between the proportionate permitarea on the extent of plot applied for regularization and the total area constructed.

Q25. A person has constructed 3 floors with extra balconies and a 4th floor which is not permitted as per tsanctioned plan. What penalties would be levied?

A. He has to apply for regularization for both deviations in the permitted floor (extra balconies) and unauthorized 4floor, as given in the Application Form, viz., the regularization charges for the extra balconies which are deviationthe sanctioned plan; and separate regularization charges for the additional floor which is totally unauthorized shhave to be paid as per relevant category.

Q 26. My builder has taken sanctioned plan from the Gram Panchayat with stilt+ 5 upper floors and constructaccording to the sanctioned plan only. I have purchased a flat in the said building. Am I liable for aregularization?

A.: Yes, and all the flat owners are required to pay regularization since the sanctioned plan of the Gram Panchayat is valid as they are not empowered to approve such type of constructions as per delegation of powers without ptechnical approval from UDA / DTCP as per the Gram Panchayat Building Rules,2002. This is clearly indicated on tplans.

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3. G.O.Ms.No. 152 Dated: 02.11.2015

GOVERNMENT OF TELANGANA ABSTRACT

Telangana Regularisation of Unauthorizedly constructed buildings and buildings constructed in deviation of the sanctionplan Rules 2015- Notification - Orders - Issued.

MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT (M1) DEPARTMENT

G.O.MS.No. 152 Dated: 02.11.2015

Read the following:

1. G.O.Ms.No.145 MA & UD (M1) Department, Dated: 31.10.2015




ORDER:

In the orders read above, Government have amended the Telangana Municipalities Act, 1965; the Greater HyderabMunicipal Corporation Act, 1955; the Telangana Urban Areas(Development) Act, 1975; Hyderabad MetropolitDevelopment Authority Act 2008 duly authorizing the Municipal Commissioners / Metropolitan Commissioner Hyderabad Metropolitan Development Authority / Vice chairmen of Urban Development Authorities (in case of GraPanchayats falling under Urban Development Authorities) to regularise the unauthorized constructions / deviations aone-time measure. Consequently Government hereby issue the Telangana Regularization of Unauthorizedly construct

buildings and buildings constructed in deviation of the sanctioned plan Rules 2015.

2. Accordingly the following Notification shall be published in the Extraordinary Gazette of Telangana Dated: 3.11.2015

NOTIFICATION

In exercise of the powers conferred in Section 218(A) of the Telangana Municipalities Act, 1965, Section 455AA of tGreater Hyderabad Municipal Corporation Act, 1955, Section 46(A) of the Telangana Urban Areas (Development) A1975, Section 23(A) of the Hyderabad Metropolitan Development Authority Act 2008 the Government of Telangana heremakes the following Rules, namely

1. Short Title, Application and Commencement:(1) These Rules may be called “Telangana Regularization of unauthorizedly constructed buildings and buildinconstructed in deviation of the sanctioned plan Rules, 2015”

(2) They shall be applicable to existing buildings in the jurisdiction of all Municipal Corporations, MunicipalitHyderabad Metropolitan Development Authority and Urban Development Authorities in the State of Telangaconstructed from 01.01.1985 to 28.10.2015.

(3) They shall come into force from the date of publication of the Notification in the Telangana Gazette.


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2. Definitions:

(1) “Licensed technical personnel” means professionals authorized by the Competent Authority to take up scrutiny of Application made for regularization under these Rules

(2) “Competent Authority” means the Municipal Commissioner in case of areas falling in the Municipal Corporation aMunicipal limits; the Metropolitan Commissioner, Hyderabad Metropolitan Development Authority / the VChairman of the Urban Development Authority in case of areas falling outside Municipal Corporation or Municipain the Hyderabad Metropolitan Development Authority / Urban Development Authority area.

(3) “Total Built up area” means the entire built up area covered in the building including common areas and balconiesall floors.

(4) “Unauthorized construction” means any building that has been constructed in deviation of the sanctioned buildplan or without obtaining a building permission from the sanctioning authority.

3. Compulsory Application for Regularization :

An Application for regularization of existing unauthorizedly constructed buildings shall be compulsorily made by towner/GPA/Registered Association to the Competent Authority or officer authorized by him in the prescribed Proformalong with Declaration, Self Assessment, copy of sanctioned building plan, if any, a clear latest photograph of the buildicopy of document of ownership title. Indemnity Bond and two sets of drawings showing the sanctioned area and violaarea of the building/Complex and in case of totally unauthorized constructions the total built up area along with the s

plan. It shall be filed within sixty days from the date of Notification of these rules along with 50% of regularization amoas given in Rule 5 or minimum Rs 10,000/- whichever is less. If any owner/individual does not apply within the stipulatime, he shall be liable for enforcement action under the law and his building shall not be taken up for regularization unthese Rules.

4. Prior clearance from other Authorities / Departments:

(a) In respect of cases of residential buildings 18 m and above in height, Commercial buildings 15mts. and abovheight, and buildings of public congregation like schools, Cinema theatres, function halls and other assembuildings on plot area of 500 sq. mts. and above or of height above 6mts as stipulated in Section 13 of the AndPradesh Fire Service Act, 1999 NOC from Fire Service Department.

(b) From Airport Authority of India wherever applicable.

(c) Irrespective of height of the building necessary certificate from licensed structural engineer (in case of High Building) / licensed engineer (in case of non-High Rise Building) as the case may be with regard to structural safcompliance of such buildings needs to be submitted.

Applicants shall submit application along with the above details within the stipulated time. However, an additiotime period of three months will be allowed for filing the Clearances as required under Rule 4 (a) and 4(b).

5. Payment of fees and charges:

(a) The owner/applicant shall pay the Charges as given in Annexure-I / Annexure -II as applicable along with Application for Regularization and other details. The Charges are levied for the total violated built up area onfloors. The Charges include Building permit fee, Development Charges, Betterment charges, Impact Fees, etc. other fees and charges shall be levied and collected. The actual regularization charges will be percentage of ba

regularization charges mentioned in Annexure III and same shall be calculated based on the land value prevailas on 28.10.2015.

(b) The above fees and charges shall be remitted by way of Demand Draft drawn in favour of the CompeAuthority.

(c) The above amounts paid are not refundable. However, in cases of rejection, the Competent Authority may refthe amount after retaining 10% of the above amount paid by the applicant towards scrutiny and processicharges. In case of bonafide error in calculation, the excess amount paid may be refunded.

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6. Scrutiny, Rejection and Approval by the Competent Authority:

After receipt of the Application for Regularization in the prescribed Format along with required documents and plans, Competent Authority shall scrutinize the applications and after carrying out necessary site inspections, communicate approval or rejection to the applicant as early as possible but not beyond six months from the last date of receipt Applications. The Competent Authority may engage the services of licensed technical personnel for scrutiny of tapplications and for field inspections. Mere receipt of application or any delay in communication of final orders in the matwill not imply the approval of the application.

7. Violation after submission of Application:

During verification, if it is found that the applicant has undertaken further additions or extensions to the existing buildithen such application shall be summarily rejected duly forfeiting the entire regularization amount and necessary action shbe taken against the unauthorized building including demolition as per the law.

8. Exemption:

Buildings constructed prior to 01.01.1985 are not covered under these Rules.

9. Regularization not to apply to certain sites:

Regularization of unauthorized constructions shall not be considered in the following cases and in cases where pub

interest and public safety are likely to be adversely affected, viz. (a) Encroachment on Government land or property belonging to Public undertakings, Housing Board, Telang

State Industrial Infrastructure Corporation, Urban Development Authorities, Local bodies, Endowments, WBoard, etc.;

(b) Land for which the applicant has no title;

(c) Surplus land declared under Urban land Ceiling /Agriculture Land Ceiling/ lands resumed under Assigned La(POT) Act;

(d) Buildings affected under alignment of any road or proposed road under Master Plan/Zonal DevelopmPlan/Road Development Plan or any other public roads/MRTS;

(e) Tank bed and Sikham lands;

(f) Areas prohibited for construction under GOMs No. 111 MA&UD Dept., dated 8-3-1996 (protectionCatchment area of Osman sagar and Himayat sagar lakes);

(g) Layout/Master Plan open spaces/Areas earmarked for Recreation Use/open space use in Master Plan/Zodevelopment Plan;

(h) Buildings that are not in conformity with land use and zoning regulations approved in Master Plan/Zodevelopment Plan;

(i) Sites under legal litigation/ disputes regarding ownership of the site / building;

(j) Area earmarked for parking as per sanctioned plan;

(k) Unauthorized constructions without any building sanction in unapproved /unauthorized layouts, for which papproval of site/plot under regularization of unapproved and illegal layout rules shall be obtained;

However in case of Rule 9(k), applications for Regularization will be accepted if the applicant encloses Acknowledgment of the Application made for regularization of the unauthorized site/plot under the relevant rulesthe competent authority.

10. Issue of Occupancy Certificate:

In case of approval, the Competent Authority shall issue proceedings to the effect that all proceedings and action enforcement initiated or contemplated against the said construction are withdrawn and then issue Occupancy Certificatethe applicant.


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11. Appeal:

(a) Any applicant aggrieved by an order passed by the Competent Authority under Rule 6, may prefer an appeathe Committee constituted by the Government within thirty days from the date of receipt of the order providthe applicant has paid the necessary charges and submitted documents as specified in Rule 3 and 5 of these rule

(b) All the appeals shall be disposed off within 3 months.

12. Failure to come forward for Regularization of unauthorized constructions:

Where an application for regularizing the unauthorizedly constructed building has not been made as per rule 3:

(a) Such unauthorized constructions would be treated as continuing offence and Penalty as per law would be levie

(b) Other enforcement action including demolition shall be initiated by the local authority as per law.

(c) No further building approvals shall be considered by the building sanctioning authority in the said site.

13. Amount levied kept in separate account:

(a) The amount collected by the Competent Authority under these rules shall be kept and maintained under control of the Competent Authority in a separate escrow account and utilized only for improvement of amenitin the area.

(b) In respect of Gram Panchayat areas falling in the Hyderabad Metropolitan Development Authority / UrDevelopment Authority areas, the regularisation amount so collected will be shared in equal proportion betwethe Development Authority and Gram Panchayat concerned. In respect of Municipal Corporations aMunicipalities falling in Hyderabad Metropolitan Development Authority / Urban Development Authority arethe regularisation amount will be shared between the concerned Municipal Corporation/Municipality aMetropolitan Development Authority / Urban Development Authority in the ratio of 70 : 30.

14. Constitution of Committee:

Government will issue separate orders constituting appellate Committees for examining appeals under rule 11.

15. Government may issue guidelines to operationalize these rules.

16. All existing rules, regulations, bye-laws and orders that are in conflict or inconsistent with these rules shall stamodified to the extent of the provisions of these rules.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF TELANGANA)

M.G. GOPAL

SPECIAL CHIEF SECRETARY TO GOVERNMENT

ToThe Commissioner and Director, Printing, Stationery and Stores Purchase Telangana

Hyderabad (in duplicate, with a request to publish the Notification in the Extraordinary Gazette of Telangana dat02.11.2015, and furnish 1000 copies to Government) The Metropolitan Commissioner, Hyderabad MetropolitDevelopment Authority, Hyderabad.

The Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad

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The Commissioner and Director of Municipal Administration, Telangana, Hyderabad. The Director of Town and CounPlanning, Telangana. Hyderabad.

The Commissioners of all Municipal Corporations/ Municipalities in the State, through CDMA.

The Vice Chairman of all Urban Development Authorities in the State

All Departments of Secretariat All Heads of Department.

The Director General Fire Services, Telangana State, Hyderabad

The Chairperson, TS Transco, Hyderabad

The Managing Director, H.M.W.S &S.B, Hyderabad.

The Engineer in Chief (Public Health) Hyderabad.

The Commissioner & Inspector General of Registration & Stamps, Telangana State, Hyderabad

The Managing Director, Housing Board, Hyderabad

All the District Collectors, Telangana State.

Copy to :

The Special Secretary to Chief Minister.

The P.S. to Spl. Chief Secretary to Government, MA & UD Department., Hyderabad.

SC/SF.

//FORWARDED ::BY:: ORDER//

SECTION OFFICER.


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A N N E X U R E - I

RATES OF REGULARISATION FOR INDIVIDUAL RESIDENTIAL BUILDINGS /COMMERCIAL BUILDINGS / NON-COMMERCIAL BUILDINGS (Rs. / sft.)

Plot Area(in sq.mts.)

Type Residential / otherNon Commercial uses

Commercial

A N N E X U R E - II

RATES OF REGULARISATION FOR MULTIPLE DWELLING UNITS / FLATS /

APARTMENT COMPLEXES WHICH ARE IN VIOLATION / INDIVIDUAL BUILDINGSCONVERTED INTO APARTMENTS

Plinth area of Flat

Basic regularization Charges forUnauthorized Floors

(not covered by approvedplan) Rs./Sft

Upto 100 - 15 30

101 – 300 - 30 60

301 – 500 Deviation to

Sanctioned plan 60 120

Unauthorised 100 200

501 – 1000 Deviation to

sanctioned plan 100 200


Above 1000 Deviation to

sanctioned plan 150 300


Basic regularization Chargesper Flat in rupees

(covered by approved plan

but with deviations)

Upto 600 Sft Rs 12500 75

601 to 1200 Sft Rs 25000 100

1201 to 2000 Sft Rs 40000 120

Above 2000 Sft Rs 60000 150

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A N N E X U R E - III

REGULARISATION CHARGES WITH REFERENCE TO LAND VALUE

Market value of the land as on28.10.2015 (Sub Register value)

in Rs per Square Yard

Regularization Charges(% of basic regularization charges )

Below 3000 20%

3001 to 5000 30%

5001 to 10000 40%

10,001 to 20,000 50%

20,001 to 30,000 60%

30,001 to 50,000 80%

Above 50,000 100%


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I Individual residential building / commercial / Non commercial buildings (Rs. / Sqfts)

(a) Ex:- Residential building (Total unauthorized / Deviation to sanctioned plan) Plot area (101 to 300.0sqmts)

In this case the rate applicable is Rs.30/- per sqft

Ex:- Constructed built-up area in all floors 6500.0sqft (6500 x Rs.30/- = 1,95,000/)

Actual regularization charges with reference to land value as on 28-10-2015 assume the market value as28-10-2015 as Rs.15,000/- the actual charges will be 50% i.e. Rs. 1,95,000/- x 50% = Rs. 97,500/-

(Note: In case the plot is unauthorized layout the owner has to obtain separate LRS approval as per G.O.Mno.151 MA dt:02-11-2015.)

(b) Residential building in plot areas 301 to 500.0 sqmts.

Assuming the owner constructed 5 floors in which 2 are permitted by GHMC with 2000.0sqft in each floor, bconstructed 2800 in each floor for all 5 floors.

In this case the 2 floors are to be treated as deviation to sanctioned pan and 3 upper floors are unauthorized.

The rate applicable are Rs.60/- per sqft for deviated areas and Rs.100/- per sqft for unauthorized floors.

(i) for permitted floors (2 floors)

(constructed area - permitted area) x No. of floors = (2800 - 2000) x 2 floors 800 x 2=1600 0sqft,

Charges @ Rs.60/ per sqft = 1600 x 60 = Rs. 96,000/-(ii) For unauthorized floors

2800sqft x 3 floors =8400sqft

Charges @ Rs.100 x 8400 = Rs.8,40,000/-

Total =Rs.9,36,000/-

Actual charges with reference to land value as on 28-10-2015 assuming Rs. 20,000/- as market value i.e. 50Actual charges payable = 9,36,000/- x 50% = Rs.4,68,000/-

(C) Multiple Dwelling units / flats / apartment complexes

(i) Covered with approved plan but with deviations.

Ex:- There are 4 units of 1100.0sqft,

There are 4 units of 600.sqft and 5 units of 1600.0sqft.

The regularization charges will be

4 x Rs. 25,000/- = 1,00,000/-

4 x Rs. 12,500/- = 50,000/-

5 x Rs. 40,000/- = 2,00,000/-

Total Rs. = 3,50,000/-

Actual charges with reference market value or land as on 28-10-2015. assuming Rs. 8000/- per sqyds. i.e. 40%.

Actual charges pay able will be Rs. 3,50,000/- x 40% = Rs 1,40,000/-

(d) Ex:- The owner obtained permission for 4 floors for apartments with deviation and constructed unauthoradditional floor.

Ex:- 4 flats of 1200sqft each floor and 4 flats or 1200sqft in 5th floor.

(i) Total flats 4 each floor in 4 floors = 4 x 4 x Rs. 25000/- = Rs. 4.00.000/-(ii) 5th floor 4 x 1200 x 100 = Rs. 4. 80. 000/-

= Rs. 8,80,000/-

Actual charges with reference to market value of land as on 28-10-2015

assuming market value as Rs. 20,000/- i.e. 50%.

Actual charge payable = Rs. 8,80,00 x 50% = Rs. 4,40,000/-

14

MODEL CALCULATIONS FOR BUILDING REGULARIZATION


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C u t H e r e

4. APPLICATION FOR BUILDING REGULARIZATION

Applicant Details

Building Location Details

S.No. Floor No.Building

ConstructedStatus

Building ActualUsage Type

Floor/FlatPlinth Area

(Sq. ft.)

Build Up Areaas per sanction

plan (Sq. ft.)

Build Up Areaas on ground

(Sq. ft.)

Property TaxNo. (PTIN)

--Select--1 --Select-- --Select-- --Select--

Building UsageType

Action

Circle*:

Revenue Ward*:

Plot Number:

Flat Number:

Door Number*:

Locality*:

District*:

Mandal*:

Area / Village:

Sub-Division Number:

Survey Number:

Street / Colony*:

--Select District--

--Select Mandal--

--Select Village--

--Select Circle--

--Select Ward--

Details of Site & Building

Details of Site & Building

Does this building have prior permission:

Plot Area (in Sq. Mtr.)*:

Height of the Building as on site (Mts.)*:

Total no. of floors*:

Market Value of the land as on 28.10.2015(per Sq. Yrd.):*

No. of Permitted Floors for Sanctioned Plan:

No. of Unauthorised Floors:

Is the Residential Building falling in

Notified Slum Area*:

Existing Road Width (Mtr.)*:

Proposed Road Width (Mts.)*:

Latest Property Tax Receipt Number:

Latest Property Tax Receipt Date:

Building Construction Date*:(Note: Building Construction Date

before 28/10/2015)

Building Category Type*:

Yes No Yes No

-- Select --

Was any application made under BPS 2008: Yes No

Aadhaar Number:

Father’s / Husband’s Name*:

District*:

Mandal*:

Area / Village:

Email ID:

Pincode:

Applicant Name*:

Gender*:

Door No.*:

Locality*:

Landline Number:

Mobile Number*:

--Select District--

--Select Mandal--

--Select Village--

--Select Gender--


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16

Upload Documents

Sl.No.

1 Sanctioned Plan copy

2. Copy of Ownership document / Title Deed attested by Gazetted Officer*

3. Constructed Building Plan (Site Plan, Location Plan, Detailed Plan, Floor Plan, Section Plan,Elevation Plan) Drawn and Signed By Licence Technical Person and Signed by Applicant.*

4 Copy of latest Property tax Receipt

5 One Photograph showing the Elevation*

6 One Photograph showing the Roof Stab*

7 Idemnity Bond*

8 Urban Land Ceiling Clearance certificate in case the site is covered by 10(6) list of ULC Act

9 NOC from Fire Services Department (where ever applicable)

10 NOC from Airport Authority of India (where ever applicable)

11 Market value certificate of the plot issued by Sub-Registrar indicating market value of hteplot as on 28/10/2015*

12 Structural Stability Certificate*

13 Copy of previous BPS 2008 application details

Requirement Upload Documents

Browse... No file selected













Whether the site is falling in prohibited area, namely

G.O.Ms.NO. 111 Ma.dt 8.31996 relating Osman sagar and Himayath sagar catchmenmt area:

Recreational use/Water Body/Open Space use zone/Bio-Conversation zone as per notified Master Plan / Zonal development plan:

Yes No

Yes No

Submit Clear


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C u t H e r e

Signature:

Name:

Self Computation Table showing Regularisation Charges for Individual Residential Buildings / Commercial Buildings / Other Non-Residential Buildings for the cases where

Building Permission was obtained

Category(tick therelevant

category)

IndividualResidential

Building

Commercialbuilding

OtherBuildings(specify the

use)

Built-uparea as perSanctioned

plan(in sq. ft.)

Built uparea as onground

(in sq. ft.)

Differencein area(in sq. ft.)

BasicRegularisation Rate

as per Annexure-I

of G.O (in Rs / sq. ft.)

TotalChargesas perbasic

Regularisationrate

(in Rs.)

MarketValue ofthe land as

on28.10.2015(Sub-Registrar

value)(in Rs./sq. yd.)

ApplicablePercentageof Basic

regularisaitonCharges

(asper Annexure -III of G.O i.e.,

with reference toland value)

ActualRegularisation

amount tbe paid

(1) (3) (4) (5) (7) (8) (9)(6)(2)

TABLE - 2

Self-Computation Table showing Regularization Charges for Individual Residential Buildings /Commercial Buildings /Other Non - Residential Buildings for the cases where

No Building Permission was obtained

Category(tick therelevant

category)

Built-uparea

existing onground

(in sq. ft.)

BasicRegularisation

Rate as per Annexure - I

of G.O(in sq. ft.)

TotalRegularisationCharges as per

basic regularization rate(in Rs.)

ApplicablePercentage of

Basic regularisationcharges as per

Annexure - III of G.O(ie., with reference to

land value)

Actualregularisationamount to be

paid

Market Value ofthe land as on

28.10.2015(Sub-Registrar value)

(in Rs./sq. yd.)

Signature:

Name:

IndividualResidential

Building

Commercialbuilding

OtherBuildings(specify the

use)

(1) (3) (4) (5) (7) (8) (9)(6)(2)

Fill up the table applicable

TABLE - 1


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18

TABLE - 3

(a) Apartment / flat located within the permitted floor(Covered by sanctioned plan but deviated)

Plinth Area

Basicregularizationcharges as per Annexure-II

of G.O.

Market valueof the land as on

28-10-2015(Sub-Registrar value)

(in Rs./sq.yd.)

Applicablepercentage of

Basicregularizationcharges as per

Annexure-III of G.O.(i.e. with reference

to land value)

Actualregularizationamount to be

paid

(b) Apartment / Flat Located in unauthorized floor

Self computing Table showing Regularization Charges for

Multiple Dwelling Units / Flats / Apartment Complexes /individual residential buildings converted into apartments

Signature:

Name:

(1) (3) (4) (5)(2)

Signature:

Name:

Plinth Area

Basicregularizationcharges as per Annexure-II

of G.O. (in Rs / sq. ft.)

Market valueof the land as on

28-10-2015(Sub-Registrar value)

(in Rs./sq.yd.)

Applicablepercentage of

Basicregularizationcharges as per

Annexure-III of G.O.(i.e. with reference

to land value)

Actualregularizatioamount to b

paid

(1) (3) (4) (5) (6)(2)

Regularisation

charges as per the

basic regularization

rate (in Rs.)


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C u t H e r e

(To be submitted along with Application Form)This Indemnity Bond and Undertaking executed on this __________ day of ____200_ by

Smt./Sri ________________________________________________________________________________

S/o/W/o____________________________________________________________Age_________________

Occupation____________________________________________ R/o______________________________

Herein after called the FIRST PARTY which term shall include their legal heirs, successors, assignees,agents, representatives and tenants.

IN FAVOUR OF

The Commissioner of ___________________________________________________ /

Greater Hyderabad Municipal Corporation, Hyderabad _____________________________herein

after called the

SECOND PARTY , which term shall include all officials and staff of the_____________________ GHMC.

Whereas the FIRST PARTY has applied for the regularisation of the unauthorized construction in Premises

No.________________ of _____________ ,_____________ /Sy. No.______________ of _______________

________________ Mandal, _____________ _____________ District in the site / plot covering an extent of

__________________________ sq m.

Whereas the SECOND PARTY has agreed to consider regularisation of the unauthorized construction inthe said site/ plot in terms of 'Telangana Regulation of Unauthorisedly Constructed Buildings and Buildingsconstructed in deviation of the Sanctioned Plan Rules, 2015' and made it a condition that there shall not beany defect/litigations/Land Acquisition over the said site/land and the same shall be free from all claims ofGovt./Banks/and attachments of Courts, and the FIRST PARTY has to indemnify theSECOND PARTY tothis effect.

Whereas the FIRST PARTY having agreed to the aforesaid condition hereby indemnifies theSECONDPARTY with the above assurance and hereby solemnly declare that the above said site/land is the propertyof the FIRST PARTY which is possessed by him/her since the date of purchase and the same is free from alldefects, litigations, claims and attachments from any courts, etc. and in case of any disputes/litigationsarises at any time in future the FIRST PARTY will be responsible for the settlement of the same and theSECOND PARTY will not be a party to nay such disputes/litigations.

INDEMNITY BOND & UNDERTAKING(On Non-Judicial Stamp paper of Rs. 100 & Notarised)


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20

FIRST PARTY ___________________________________________________

WITNESSES:

1. __________________________________ Name and address_________________________________

2. __________________________________ Name and address_________________________________

Sworn and signed before me on this ------------ day of ---------- 2015 in presence of above witnesses.

Hence this Indemnity Bond.

PUBLIC NOTARY


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Part - II

REGULARISATION OF UNAPPROVED AND

ILLEGAL LAYOUT RULES - 2015

2


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5. Guidelines for Regularisation of Unapproved and Illegal layouts inMunicipal Corporations, Municipalities, Urban Development Authorities and Grampanchayats falling in Master Plan Limits.

1. Introduction

The level of urbanization in the state has been accelerating as such suffering under the pressure of uneven economicdevelopment and rapid population growth as a result of both migration and natural increase in population. The rapideconomic growth taking place in the state is likely to further increase the urban population in a significant manner. Inthis process of economic growth it is noticed that, among other things, a large number of unapproved and illegallayouts are cropping up in all urban areas.

2. Background

The rapid urbanization has put tremendous pressure on lands in urban areas. Government have in the past brought oa scheme for regularization of such unapproved layouts but this was met with limited success since it was a voluntaryscheme with onus on the plot owners and there were no deterrent provisions against the owners who have not comeforward for regularization. It is also observed that there are many unapproved and illegal layouts which are not only violation of Master Plan and Layout Rules but also deficient in layout norms and development standards and lacking basic civic amenities like proper roads and connectivity, water supply, drainage, street lights on account of whichfrequent complaints are being received from the public. Such substandard and unapproved subdivision of land intobuilding plots is not only defeating the purpose of planned development but also affecting the planned extension ofservices and civic amenities by urban local bodies

3. Rules for Regulation of Unapproved Layouts:

Government with a view to bring all these unplanned areas into the fold of planned development and to arrange basfacilities in these areas has come up with a pragmatic solution namely Regulation of Unapproved and illegal layouts.

To give effect to the above policy, Government have issued Statutory Rules for Regularisation of Unapproved and illeglayouts (herein after called Layout Regularisation Rules-2015). It is intended to help the people to bring suchunapproved layouts into the planning fold by getting them regulated and to enable them to get building permission

4. Objectives:

1. To bring all unauthorized layouts/sub-divisions into planning frame work and regulate the development.

2. To facilitate the implementation of master plan.

3. To improve the circulation pattern of roads.

4. To provide relief to the several persons who have purchased plots without awareness about layoutregulations/layout permissions.

5. Applicability of the Layout Regularisation

(i) These Rules shall be applicable to Hyderabad Metropolitan Development Authority, Kakatiya UrbanDevelopment Authority and Basara Urban Development Authority, Municipal Corporations, Municipalitiesand Gram Panchayats falling in the Master Plan limits in the State of Telangana.

(ii) These Rules and conditions herein shall be applicable to all existing unapproved sub-division of plots, existunapproved layouts or ventures promoted by land owners/ private developers/ firms/ companies/ propertydevelopers /Societies where the plots have been sold by registered sale deed on or before 28.10.2015.

(iii) These Rules are only intended for regulating the unplanned development and shall be applicable to allunapproved layout areas which have clearance from the competent authorities under the Urban Land Ceiliand Regulation Act 1976, AP Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 wherever required

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and which have not been entered in the Prohibitory Register of lands maintained by the RevenueDepartment. The Regularisation measure would not absolve the plots or layout from the application of Lanceiling laws, land disputes or claims over title, boundary disputes, etc. In respect of assigned lands, priorclearance from the District Collector shall be obtained.

(iv) In the event of only some plot holders coming forward for regularization in an unapproved layout, the layopattern as approved by the competent authority shall be applicable to the entire layout area. The localauthority shall be responsible for enforcing such approved layout pattern.

6. Layout Regularisation Rules-2015 is not applicable in the following cases.

a) No layout/development activity is allowed in the bed of water bodies like river, or nala, and in the Full TankLevel (FTL) of any lake, pond, cheruvu or kunta and in shikam lands.

b) The above water bodies and courses to be maintained as recreational/Green buffer zone, and no layoutdevelopment activity other than recreational use shall be carried out within:

(i) 30 m from the boundary of river course/ Lakes of area of 10 Ha and above;

(ii) 9 m from the boundary of lakes of area less than 10 Ha/ kuntas/shikam lands;

(iii) 9 m from the boundaries of Canal, Vagu, etc.

(iv) 2 m from the defined boundary of Nala

c) Unless and otherwise stated, the area and the Full Tank Level (FTL) of a lake/kunta shall be reckoned as perthe Master Plan/Revenue Records/Irrigation records.

d) Unless and otherwise specified in the Master Plan/Zonal Development Plan,

(i) in case of (b) (i) above, in addition to development of recreational/green belt along the foreshores, a ringroad or promenade of minimum 12m width may be developed, wherever feasible.

(ii) The above greenery/landscaping and development shall conform to the guidelines and provisions of theNational Building Code of India, 2005.

e) For layout development activity within the restricted zone near the airport or within 500 m distance from tboundary of Defense areas/ Military establishments, necessary clearance from the concerned AirportAuthority/ Defense Authority shall be obtained.

f) In case of sites in the vicinity of oil/gas pipelines, clear distance and other stipulations of the respectiveauthority shall be complied with.

g) For areas covered under G.O.Ms.No.111 M.A & U.D Dept., dated 8-3- 1996 (protection of Catchment areaOsmansagar and Himayatsagar lakes), apart from the provisions of statutory Master Plan of HMDA / HADAthe restrictions on layout and development activity imposed in the said Government orders would beapplicable.

h) No approval shall be considered in sites which are earmarked for Industrial Use Zone/Recreational UseZone/Water Body / Open space use in notified Master Plans/Zonal Development Plans.

i) Open Spaces earmarked in any approved layout are not be considered for regularization under these Rules

7. Compulsory submission of applications:

Applications under this scheme shall be filed compulsorily with all enclosures in the prescribed form by owners of ploin unapproved layouts in the office of the Municipal Corporation/ Municipality /Urban Development Authority as thecase may be within 60 days (i.e., by 31.12.2015) from the date of notification of the Rules.

8. Who can apply under L.R.:

i. Individual plot owners in unapproved layouts having registered sale deed executed prior to notification of rules (i.e., prior to 28-10-2015)

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ii. Associations / Societies / Welfare Society / Colony Developer representing the unapproved layout plot ownehaving registered sale deed executed prior to notification of these rules. In these cases 3 Members selectby the Associations / Societies / Welfare Society of the unapproved layouts will act as resource persons whocan represent the case before the Competent Authority.

9. Separate applications for Regularisation of Unapproved Layout and Unauthorizedly Constructedbuilding

In respect of cases where a building is constructed unauthorizedly in a plot of unapproved layout, the owner has tosubmit two separate applications as shown here under.

• Application for regularisation of Unapproved Layout / Plot.

• Application for regularisation of unauthorizedly constructed building and Buildings and buildings constructed indeviation to the sanctioned plan.

In these cases, Application for penalization and regulation of unauthorizedly constructed building will be consideredonly after regulation of the unapproved layout / plot.

10. Services of Technical Personnel:

In every Municipality, Municipal Corporation, Urban Development Authority technical personnel will be authorized bythe Municipal Commissioner / Vice Chairman as the case may be to assist citizens in filling up the application form anpreparation of required plans. In addition, the citizens can utilize the services of Registered Architects for filling up th

application form and preparation of drawings.

11. Prior clearances in certain cases

Prior clearance is required in the following cases:

i Clearance from the Competent Authority under Urban Land Ceiling regulation Act 1976, A.P.land Reforms(Ceilings on Agricultural Holidings) Act 1973 in case the site is covered by 10(6) of ULC Act or ULCregularization order from Govt. issued under G.O.Ms.No.455 & 456 Revenue dt:29-07-2002 if any.,

ii. Clearance from Air port authority for the areas in the restricted zone.

iii. Clearance from the Defence authority for the areas in the restricted zone or within 500 mts from theboundary of the Defence Areas / Military establishments.

iv. Clearance from the Dist. Collector in respect of assigned lands.

v. NOC from Irrigation Dept. (at the level of Executive Engineer) and Revenue Dept. (at the level of JointCollector) wherever the site is affected within Tank / Lake / Cheruvu / Kunta / Nala and its bufferzone.

12. Payment of Regularisation charges

The applicant shall pay the regularisation charges as shown here under

1. Penalisation charges on the total plotted area/plot area as per the rates detailed in Table-I & II which includBetterment charges, External Betterment charges, Development charges and other charges.

2. Pro-rata open space charges: If 10% open space is not available in the un-approved layout pro-rata openspace charges @ 14% of the plot value prevailing as on the date of registration of such plot shall be paid.

3. Conversion charges as prescribed in rule 7 of the Rules.

4. Change of Land use charges as per G.O.Ms.No.439 dt.13.06.2007 and G.O.Ms. No.158 dt. 05.02.1996(G.Os enclosed as Annexures) In case of plots earmarked for other than residential use in notified masterplans / Zonal development plans as per the rates detailed in Table-III.

13. Scrutiny and Timeline for Disposal of Applications

All the applications received under the scheme would be disposed off with in 6 months from the last date fixed forreceipt of the applications.

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14. Competent Authority under L.R.:

The following are the competent authorities for disposal of applications.

i Vice Chairman of the Urban Development Authority in case of areas falling in UDA limits.

ii. The Commissioner of Municipal Corporation in case of areas falling in Municipal Corporations and notcovered by urban Development Authorities.

iii. Municipal Council in case of Municipalities and Nagar Panchayats and not covered by Urban DevelopmentAuthority.

iv. Gram panchayat in case of areas falling in Master plan limits of respective Urban Local bodies.

15. Norms required for regularisation of unapproved layouts:

The following norms, among others, shall be followed for regularisation of unapproved layouts

a) The road width shall be minimum 9 m. In case of weaker section layouts or plots less than 100 sq m, theroad width may be 6 m. In case required road width is not available required depth for widening equal onboth sides shall be insisted.

b) Shall ensure overall connectivity and integration with surrounding infrastructure and road pattern.

c) Where an unapproved layout site is affected in the Statutory Master Plan road network, the competentauthority shall retain the alignment in the said layout and if not feasible, he is authorized to suitably modif

the alignment within the layout site but in no case the alignment is to be dropped.

d) The layout pattern as far as possible shall be retained ipso facto and only in exceptional cases like need forconnectivity, integration with surrounding network, etc. modifications may be considered by the CompetenAuthority.

e) Private water bodies if any shall be preserved in the layout. Such water bodies may be considered as part oopen spaces as required under (b) above, subject to taking up protection and improvement of foreshores osuch water bodies.

16. Individual Plot Regularisation:

Where an individual owner applies for regulation of a single plot, the Competent Authority may consider the same asper Rule -15 of the rules.

Scrutiny and Issue of orders:

All applications received for regulation of unapproved layouts shall be got inspected by the competent authority. If thapplication is found in order, the competent authority shall issue orders regulating the unapproved layout / plot. Ifthere is any shortfall in payment of penalization charges, other charges, the Competent Authority shall issue a notice the applicant for payment of shortfall in fees and charges and same shall be paid by the applicant Within 30 days.After payment of the fees and charges, the competent authority shall issue orders of regularising the unapprovedlayout / plot.

After regularisation of unapproved layout, the roads and open spaces in the layout area shall be deemed to have beetaken over by the concerned local body i.e. Municipal Corporation / Municipality / Gram panchayat as the case may b

Mere receipt of application or any delay in communication of final orders will not constructed as automatic regulatio

of unapproved layout.

17. Appeal:

a) Any applicant aggrieved by an order passed by the Competent Authority under rule 9, may prefer an appeto the Appellate Committee constituted by the Government within thirty days from the date of receipt of thorder provided the applicant has paid the necessary charges and submitted documents as specified in rule of these rules.

b) All the appeals shall be disposed off within six months.

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Q1: What is meant by unapproved and illegal layout?

a) Land which is sub-divided into plots without permission from Competent Authority.

b) Sub-division of land and sale of plots without approval from the Municipal Corporations, Municipalities andUrban Development Authorities as the case may be.

c) Un-authorised illegal layouts would also include tentative layouts approved by MunicipalCorporation/Municipalities /Urban Development Authorities where plots have been sold without obtaining finalayout approval.

d) Gram Panchayat layouts (covered in UDA/Master Plan) without prior approval from Director of Town and CounPlanning /Urban Development Authority

Q2: What are the advantages of regulating an unapproved layout?

a) Regulation of unapproved layouts will entitle the applicant to get building permission from the CompetentAuthority and getting bank loans.

b) Civic amenities like roads, water supply, drainage, street lights will be provided subject to total payment of all

required charges by all plot owners.c) The unapproved layout areas will be brought into the fold of planned development of the Town / Cites.

Q3: What are the consequences if one does not apply for regulation of unapproved layout?The following consequences have to be faced:

a) No building permission will be given.

b) Such layout plots will be treated as continuing offence and exemplary penalties would be levied as per amendeMunicipal Laws.

c) No facilities like roads, drainage, street lights will be extended in such areas.

d) Information will be sent to Registration Department to enter the land in to prohibitory Register of lands.

Q4: Whether a layout approved by a Gram Panchayat (covered in UDA limits or Master Plan limits) without

technical approval of Director of Town & Country Planning/Urban Development Authority is a valid layouA: No. The plot owners in such layout shall apply for their plot regularization under these Rules.

Q5: If I have purchased a plot in unapproved layout, can my plot be regularized under these Rules?

A: Yes, It can be regularized subject to submission of application along with sale deed executed prior 28-10-2015and payment of prescribed fees and charges.

18. Consequences in case of failure to apply under the L.R.Rules - 2015:

Where an application for regulating unapproved layout /plot has not been filed, the following consequence haveto be faced

I Such layouts / plots would be treated as continuing offence and penalty as per amended Municipal laws wilbe levied.

ii. No regular connection and services like drainage and sewerage would be provided.

iii. Such sites would be recorded in the prohibitory register of the registration Department to prevent sale /disposal or transaction of such sites.

vi. No building permission will be granted in unapproved layouts.

v. Penal action will be taken against the buildings constructed in such unapproved layouts includingdemolition of the building as per rules.

6. FREQUENTLY ASKED QUESTIONS UNDER LRS

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Q6: The layout owner has taken an approval from the Gram Panchayat with technical clearance of Director oTown & Country Planning / Urban Development Authority but subsequently changed the layout and itsconstituent plots, open spaces and roads and I purchased a plot based on this changed layout on grounCan my plot be regularized?

A: No. once the final layout is released by the competent authority, it cannot be changed as per owners wish.

Q7: The owner has sold away the open space in the layout by carving plots. Can these be regularized

A: No.

Q8: If total area of the site is 3 acres and only 10 plot holders having plots of 250 sq. yards each apply forapproval, whether the owners of 10 plots can get their plots regularized?

A: Yes. The plot holders who come forward for regulation of their plots will be considered for approval subjectusual conditions.

Q9: A 100 ft Master Plan is proposed through our colony layout. The alignment of the said 100 ft road ispassing through my plot and in adjoining plots which have buildings. Can my plot and the saidadjoining plots be regularized?

A: Plots affected in Master Plan road will not be regularized.

Q10: The neighbouring land owner has blocked a road by showing the end of the road as plot and constructea building. Can this plot blocking the road be regularized?

A: No.

Q11: I have a plot in a layout approved by Gram Panchayat falling in UDA limits without getting technicalclearance from UDA. Do I need to apply for regularisation under these rules?

A: Yes.

Q12: I have a plot in a layout approved by Gram Panchayat without getting technical approval from the DT & but covered by the sanctioned Master Plan. Do I need to apply for regularisation under these rules?

A: Yes.

Q13: Whether charges for regulation of unapproved layouts can be paid in installments?

A: The LRS charges may be remitted in full at the time of submission of application form or 10% penal amount o

minimum Rs.10,000/- shall be paid along with the application form and balance amount shall be paid within 6months from date of submission of application.

Q14: I have constructed a building in an unapproved plot. Can I apply for regulation of my plot andbuilding?

A: Yes. You have to file separate applications, one for regulation of unapproved plot and another for penalisationand regulation of unauthorised building.

Q15: What is the method for computation of the betterment charges, conversion charges and shortfall of opespace charges?

A: The computation of the required fees and charges have been simplified and given in the working sheetsin three tables along with the application which can be computed with the help of registered architect orlicenced technical personnel.

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ORDER:

Government of Telangana with a view to promoting planned development of urban areas in the State are encouragdevelopment through approved layouts and development of integrated townships through both public and privainitiative. However, Government has observed that there are many unapproved and illegal layouts which are not onlyviolation of the Statutory Development Plan/Master Plan and Layout Rules but also deficient in layout norms adevelopment standards and lacking in basic civic infrastructure facilities like proper roads, street lights and drainage. account of the above, frequent complaints are being received from the public. Such substandard and unapproved s

divisions of land into building plots is not only defeating the very objective of planned development but also affecting tplanned extension of services and amenities by the local bodies. Government have in the past brought out a schemeregularization of such unapproved layouts but they met with limited success since it was a voluntary scheme with onusplot owners to come forward for regularization and there were no deterrent provisions against the owners who did come forward for regularization. Therefore in order to bring all these unplanned areas into the fold of planned developmand to provide basic facilities in these areas so as to promote an overall and integrated area and city level development anbetter quality of life for the citizens, Government hereby issue the Rules for Regularization of Unapproved and IlleLayouts.

2. Accordingly, the following notification shall be published in an Extraordinary issue of Telangana Gazette dat03.11.2015

NOTIFICATION

In exercise of powers conferred in Section 58 of the Telangana Urban Areas (Development) Act, 1975, Section 585 of tGHMC Act, 1955, Section 44 (2) (v) of the Town Planning Act, 1920; Section 326 (1) of the Telangana Municipalities A1965 and Section 56(1) of HMDA Act 2008, the Government of Telangana hereby makes the following rules namely

1 (a) These rules may be called “ Telangana Regularization of unapproved and illegal layout Rules, 2015 “

(b) It shall be deemed to have come in to force with effect from 28.10.2015.

2. Applicability:

(i) These Rules shall be applicable to Hyderabad Metropolitan Development Authority, Kakatiya Urban DevelopmAuthority and Basara Urban Development Authority, Municipal Corporations, Municipalities and Gr

Panchayats falling in the Master Plan limits in the State of Telangana.

(ii) These Rules and conditions herein shall be applicable to all existing unapproved sub-division of plots, exisunapproved layouts or ventures promoted by land owners/ private developers/ firms/ companies/ propedevelopers /Societies where the plots have been sold by registered sale deed on or before 28.10.2015.

(iii) These Rules are only intended for regulating the unplanned development and shall be applicable tounapproved layout areas which have clearance from the competent authorities under the Urban Land Ceiling aRegulation Act 1976, AP Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 wherever required and wh

7. G.O.Ms. No.151 Dated: 02-11-2015

GOVERNMENT OF TELANGANA ABSTRACT

Telangana Regularization of Unapproved and Illegal Layout Rules, 2015 - Orders - Issued.

MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT (M1) DEPARTMENT

G.O.Ms. No. 151 Dated : 02-11-2015.

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have not been entered in the Prohibitory Register of lands maintained by the Revenue Department. TRegularisation measure would not absolve the plots or layout from the application of Land ceiling Laws, ladisputes or claims over title, boundary disputes, etc. In respect of assigned lands, prior clearance from the DistCollector shall be obtained.

(iv) In the event of only some plot holders coming forward for regularization in an unapproved layout, the laypattern as approved by the competent authority shall be applicable to the entire layout area. The local authoshall be responsible for enforcing such approved layout pattern.

3. Definitions:

(a) Unapproved/Illegal layout means sub-division of land into plots with or without developed roads, open spaand amenities and without the approval of the competent authority.

(b) “Competent Authority” means

(i) Metropolitan Commissioner in case of areas (expect GHMC area) falling within HMDA limits.

(ii) Commissioner, Greater Hyderabad Municipal Corporation in case of areas falling in GHMC limits.

(iii) the Vice Chairman of the Urban Development Authority in case of areas falling in UDA limits;

(iv) The Commissioner of Municipal Corporation in case of areas falling in Municipal Corporations and covered by Urban Development Authorities;

(v) Municipal Commissioner in case of Municipalities and Nagar Panchayats not falling within the jurisdictioUrban Development Authorities.

(vi) The Gram Panchayats in respect of Gram Panchayat areas covered by Master Plan and falling outMunicipal limits and UDA areas.

(c) “Minimum standards of layout development” means the standards of facilities and amenities as prescribed byCompetent Authority in approving such unapproved layouts

(i) “Minimum standards of layout norms” means the standards of layout norms and pattern as prescribed bycompetent authority in approving such unapproved layouts

(ii) “Plot holder” means a person on whose name the plot is registered with a registered sale deed executed obefore 28.10.2015.

Terms and expressions which are not defined in these Rules shall have the same meaning as in the respective RuleRegulations / Bye-laws of the respective local authorities and as defined in the National Building Code or relevant Acts as tcase may be, unless the context otherwise requires.

4. Cut-off date for considering regularization of unapproved layouts:

Only those unapproved layouts and sub-division of plots with registered sale deed / title deed existing as on 28.10.20shall be considered for regularization under these rules. As proof and evidence, the plot holder/Land owner/ AssociatiSociety/Colony developer is required to furnish copies of the sale deed/title deed. Agreement of sale or General PoweAttorney shall not be considered as evidence.

5. Restrictions on approval in vicinity of certain areas:

(a) No layout/development activity shall be allowed in the bed of water bodies like river, or nala, and in the Full TLevel (FTL) of any lake, pond, cheruvu or kunta and in shikam lands.

(b) The above water bodies and courses shall be maintained as recreational/Green buffer zone, and no laydevelopment activity other than recreational use shall be carried out within:

(i) 30 m from the boundary of river course/ Lakes of area of 10 Ha and above;

(ii) 9 m from the boundary of lakes of area less than 10 Ha/ kuntas/shikam lands;

(iii) 9 m from the boundaries of Canal, Vagu, etc.

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(iv) 2 m from the defined boundary of Nala

(c) Unless and otherwise stated, the area and the Full Tank Level (FTL) of a lake/kunta shall be reckoned as perMaster Plan/Revenue Records/Irrigation records.

(d) Unless and otherwise specified in the Master Plan/Zonal Development Plan,

(i) In case of (b) (i) above, in addition to development of recreational/green belt along the foreshores, a ring ror promenade of minimum 12m width may be developed, wherever feasible.

(ii) The above greenery/landscaping and development shall conform to the guidelines and provisions of National Building Code of India, 2005.

(e) For layout development activity within the restricted zone near the airport or within 500 m distance fromboundary of Defense areas/ Military establishments, necessary clearance from the concerned AirpAuthority/ Defense Authority shall be obtained.

(f) In case of sites in the vicinity of oil/gas pipelines, clear distance and other stipulations of the respecauthority shall be complied with.

(g) For areas covered under G.O.Ms.No.111 M.A & U.D Dept., dated 8-3- 1996 (protection of Catchment areOsmansagar and Himayatsagar lakes), apart from the provisions of statutory Master Plan of HMDA/ HADthe restrictions on layout and development activity imposed in the said Government orders would applicable.

(h) No approval shall be considered in sites which are earmarked for Industrial Use Zone/Recreational Zone/Water Body/Open space use in notified Master Plans/Zonal Development Plans.

(i) Open Spaces earmarked in any approved layout shall not be considered for regularization under these Rule

6. Compulsory Application for Regularization

It shall be compulsory for all plot owners in unapproved layouts to file an application in the prescribed format regularization of the plot/layout before the Competent Authority to apply for regulation for plots having registered sdeed executed on or before 28.10.2015 within 60 days from the date of notification of these Rules duly enclosing tfollowing documents:

(i) Copy of registered sale deed/title deed executed on or before 28.10.2015 duly attested by a Gazetted officer.

(ii) Location Plan

(iii) Detailed Layout Plan drawn to scale showing plotted area, open area, area under roads and the plot/ papplied for regulation.

(iv) (i) Urban land Ceiling Clearance Certificate in case the site is covered by 10(6) of ULC Act or

(ii) ULC Regularization order from Government issued under G.O.Ms.No.455 and 456 Revenue dt. 29-7-200any.,

(v) Indemnity Bond in the format prescribed

(vi) NOCfromDefenseAuthority/AirportAuthorityofIndia (wherever applicable)

(vii) Any other document as required by the Competent Authority.

Application for regularization of unapproved layout and subdivision of plots can also be made by a society/associatiocolony developer representing the plot owners in unapproved layout. In such cases the said association/colony develorepresenting the plot owners in unapproved layout, shall be wholly and severally responsible for undertaking tdeficiencies in such unapproved layouts, undertaking to comply with the conditions and pay the requisite fees and chargas prescribed in these rules to the competent authority. The society/association/colony developer representing the powners in unapproved layout shall select any of the three members among themselves called “Resource persons” wwould be responsible for all dealings on behalf of the society/association/colony developer representing the plot ownersan unapproved layout.

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TABLE-I

BASIC REGULARISATION CHARGES

Basic Regularization ChargesRs per Sq. mt

Plot Area in Sq.mts.

Less than 100 200

101 to 300 400

301 to 500 600

Above 500 750

Slums 5 (irrespective of plot area and land value)

7. In cases where an application is received in a site that is contrary to the land use stipulated in the statutory plthe competent authority shall have the power of approving the case except those specified in rule 5 above by levyithe necessary conversion charges.

8. Payment of Regularization charges / Pro-rata open space charges

(a) The applicant shall pay the fees and charges as detailed below:

(i) Basic regularization charges which are inclusive of betterment charges, development charges and lay

scrutiny charges, penalty and other charges, at the following rates:

The actual regularization charges will be the percentage of basic regularization charges and shall be calculated based on land value prevailing as on 28.10.2015 as given below.

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TABLE- IIREGULARISATION CHARGES WITH REFERENCE TO THE LAND VALUE

Regularization Charges(% of basic regularization charges)

Market value of the land as on 28.10.2015(Sub Register value) in Rs. per Square Yard

Below 3000 20%

3001 to 5000 30%

5001 to 10000 40%

10,001 to 20,000 50%

20,001 to 30,000 60%

30,001 to 50,000 80%

Above 50,000 100%

(ii) Pro-rata open space charges: If 10% open space is not available in the un-approved layout pro-rata open spcharges @ 14% of the plot value prevailing as on the date of registration of such plot shall be paid.

(iii) Conversion charges as prescribed in rule 7 of the Rules.

(b) The above charges may be remitted in full at the time of submission of application form or 10% of the penal amounminimum Rs.10,000/- shall be paid along with the application form and balance amount shall be paid within 6 monfrom the date of submission of application.

9. Scrutiny and approval by the Competent Authority:

(a) After receipt of an application for regularization of layout with necessary documents and plans, the CompetAuthority in respect of areas falling in the limits of Urban Development Authority shall scrutinize application as per thRules, carry out necessary inspections and in case the application is found in accordance with these Rules and after towner hands over the open spaces if any to the concerned Municipality/Municipal Corporation/local body, the CompetAuthority communicate it’s approval to the applicant as early as possible but not beyond six months from the last datereceipt of Applications fixed.

(b) In case of applications which are found to be not in accordance with these Rules, orders shall be issued rejecting suapplications as early as possible but not beyond six months from the last date of receipt of Applications fixed.

(c) In case of Municipalities/Municipal Corporations falling outside UDA area, or in case of Gram Panchayats coveredMaster Plan limits of non-UDA areas, the Competent Authority after scrutiny with respect to Master Plan and as these Rules and after carrying out necessary site inspection shall submit remarks to the Director of Town and CounPlanning for technical approval or the official authorized by the Director of Town & Country Planning in this beha

After receipt of technical approval, the Competent Authority shall communicate it’s approval or rejection to tapplicant as early as possible but not beyond six months from the last date fixed for receipt of Applications.

(d) In case of application for individual plot which is not affected by any Change of Land Use or Master Plan roads, sucases may be processed and disposed at the level of Competent Authority only.

(e) The Competent Authority may engage the services of licensed technical personnel, namely architects and graduengineers, for scrutiny of the applications and for field inspections. Mere receipt of application or any delay communication of final orders in the matter will not imply the approval of the application.

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10. Norms to be insisted for regularization of unapproved layouts:

The Competent authority shall ensure the following minimum norms of layout for such layouts:

(a) The road width shall be minimum 9 m. In case of weaker section layouts or plots less than 100 sq m, the rwidth may be 6 m. In case required road width is not available required depth for widening equal on both sidshall be insisted.

(b) Shall ensure overal

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