Town Planning Almanac, 2021 - PDFCOFFEE.COM (2025)

Town Planning Almanac, 2021 Policies and Regulations Mandated at Telangana

Distribution along with Year Diary 2021

Editor: P V R Narasimha Reddy, Mobile. 7893803193 Sources of Information: Department of Municipal Administation, Government of Telangana 2020. Publisher: K Ravi Kumar Reddy, Secretary, institute of Town Planners, India — Telangana State Regional Chapter, H.No.1-10-198, Near Post Office Begumpet, Hyderabad 500 016, eMail: [emailprotected], Phone: 040-27764886/ 27765892 . Printied at: Om Sai Graphics, 3-4-709, Narayanaguda, Hyderabad- 500 027.

Disclaimer: Sufficient reviews have been done while publishing this book, but the Editor, Publisher and Printers are not responsible in any manner for any mismatch that may have inadvertently crept in. In case of doubts, the reader shall cross-check the contents with original Government publication or notifications. Any inconsistancies noted may be brought to the notice, which shall be taken care in the next revision.

Preface Laws are meant for a system of observation in maintaining the sanctity of derived norms, and the sources for these could well be interpreted as the enactments by a particular political institution established by a democratic system. The jurisprudence of a state or an established system is not an activity of a day or fixed time, but a historic saga. The reconditioning is a known phenomenon, for the establishment of law, by means of corrections or amendments to the previous active, based on the inherent knowledge of regular interchanges that tend to happen in the socio-political system. The cohesive mode in sustenance of society is always an observation by elected heads of establishment for promoting the augmented betterment inliving conditions of citizenry, or a method to follow as a model of practise by everyone under the gamut of a single legal binding, controlled by the core theme in constitutionally established democratic state. Many vertical entities in establishment coexist as subsystems, create varied range of norms for fitment to the social order, which always are inferred or interpreted for cross relations across, on both while creation as well as application. These entities are derived against the broader areas that determine the specializations of scientific practice surrounding human life and survival activities. Town Planning, as we all know, is also the matter of science in human settlements, and studies the intricate engineering of human habitat. Migration and growth of human population reciprocated by ever changing engineering improvements in habitat is demanding application of reformist construction of norms that are temporal, and the primary reason, when we come across many changes and appropriate amendments over a time scale. Since Telangana is the youngest State of India, many of the existing Acts, Government Orders and Policy Guidelines are inherited from erstwhile Andhra Pradesh State, and adapted as appropriate. The bifurcation of Telangana also witnessed various new amendments due to increased ULBs and potential of economic growth in general. The readers of this book, which has the collections of many Acts, GOs and policy guidelines to be followed by practising professionals of architecture, civil engineering and town planning. This becomes a single source of information for inferential understanding of purpose to situations, which may be cross relations as mentioned, and individuals are the better judges in covering the scope of law in all their endeavours relating to execution of town planning and management activities — ie. master plans, development plans, building permissions, public grievances etc. There is an increased possibility that the Telangana State Acts and GOs, while application to purpose of town planning activities, also may be rationalized with conjuncture of National norms and in the jurisdictional boundary of constitutional framework, thus widening the scope of deploying the rights of citizens. The normative material of Acts etc. issued by Department of Municipal Administration and Urban Development also may be cross referenced with guidelines mandated by other departments in civil administration, a better approach to prepare the knowledge-based coverage to legal sanctity on issues pertaining to institutional acceptability. The laws covering the attentive facets of town planning within State of Telangana have been on continuous betterment and in-line with the increasing concerns, always tend to be in a democratic system, when witnessing a rapid urban growth across. Especially, the newly promulgated Municipalities Act expected to take care of unified activities in planning and managing the ULBs, and may require appropriate corrections or amendments, which would be based on public demand through their legislative leadership.

The government has introduced ‘Telangana State Building Permission Approval and Self Certification System’ with enhanced user centric and friendly processes while deploying the technological advancement with needed automation. The TS-bPASS Act, 2020 is equipped with the work flows among stakeholders for a) instant registration, b) instant approvals, c) single window user transaction models, etc. It had been a very consistent effort by ITPI-TRC to bring the best and latest collection in Acts, GOs and guidelines. And in case of any pending material which is envisaged for use in 2021, and may have been from the approval schedule of 2020, but not yet made public, will be updated through a printed addition during the first quarter of 2021, and for distribution with all corporate members of ITPI-TRC.The same modifications would also be enhanced with online revision of book that will use the same QR Code provided with the current release of digital version in full with the sufficient description of changes. Editor

Contents General Reference, National and Telangana Policies & Guidlines

............................................. i

Planning Agencies in Telangana State ...................................................................... v Telangana State at a Glance ................................................................................ vi Statistical Information of 141 notified ULB's ........................................................... vii 1

The Telangana Municipalities Act, 2019 (Act No. 11 of 2019 Dated: 09-10-2019) ........................................................... 1

The Telangana State Building Permission Approval and Self Certification System (TS-bPASS) Act, 2020 (Act No.12 of 2020 Dated: 19-09-2020) ............................... 10

Telangana Building Rules, 2012 issued in GO Ms No.168 MAUD Dept., Dated: 07-04-2012 with up dated Amendments ................................................ 20

GO Ms. No. 68 Dated: 07-03-2017 Concession in Nala Widening Cases on par with road widening cases ..................................................................... 53

Meme No. 4311/Plg.II/2019 Dated: 16.08.2019 Permissible height of a building in sites which are having exclusive access (private means of access) .................... 54

GO Ms. No. 33 Dated:24.01.2013 Approval of Metropolitan Development Plan-2031 for Hyderabad Metropolitan Region (Zoning and Building Regulations) ....... 55

6-A

GO MS No. 102 Dated: 28.08.2015.HMDA- Minimum area for Layout development-1 acre ................................................................................. 84

6-B

GO MS.No. 10 Dated: 05-01-2016 Amendments to Layout Development Regulations ........................................................................................... 85

6-C

GO Ms.No.106 Dated: 06.07.2020 Development of planned Layouts with sufficient road widths - Amendment to HMDA Layout Rules ................................. 86

GO Ms.No. 253 Dated: 09.04.2018 UDAs-Powers related to TP Activities such as Supervision, monitor inspection etc., in all UDAs entrusted to the DTCP ............. 88

GO Rt.No.356 Dated: 18.05.2018 Granting of Building/ Layout permission in newly constituted (4) Urban Development Authorities ..................... 89

Memo.No.8980/Plg.II/2019 Dated:07.11.2019-Collection of “Master Plan facilities charges” (Capitalization charges) In the areas falling within the limits of Municipal Corporation/Municipality of newly constituted (4) UDAs ............ 90

Telangana Muncipal Laws and Urban areas (Development) (Amendment) Act, 2008 (Act 6 of 2008 dt 18.04.2008) ........................................................ 91

10A

Telangana Muncipal Laws and Urban Area (Development) (Second Amandment) Act, 2008 (Act 6 of 2008 dt 19.04.2008) ....................................................... 92

GO Ms No. 189. Dated: 03.11.2020 Telangana Comprehensive Integrated Township Policy Rules, 2020 ....................................................................... 96

GO Ms No. 8 Dated: 24/02/2016 Payment of Environment Impact Fee @ Rs.3/- per Square feet for buildings above 10,000 Square feet of built up area ..................... 106

GO Ms No. 454 Dated: 25th, October, 2004 Reduce the Vacant land tax in municipalities ....................................................................................... 107

Memo. No.15114/Ml/2013 Dated: 15.02.2014 Resolution of issues on Vacant Land Tax, Applicability of VLT .................................................................... 108

GO Ms No. 486 Dated:07-07-2007 Telangana Rules for Construction and Regulation of Multiplex Complexes, 2007 ...................................................... 109

GO Ms No.112. Dated: 22.04.2016 Ease of DoingBusiness-Risk Based classification of Buildings ......................................................................... 118

16A

GO Ms No. 153, Date : 01-06-2017 Ease of doing business BRAP 2017-Risk based classification of Buildings-Revised Orders ................................ 119

16B

Memo No.14061/ M1/2016, Dated : 01-06-2017 .............................................. 120

16C

Memo No. 7751/ Ml/2017, Dated 23.06.2017 ................................................. 121

16D

Memo No.7752/ M1/2017, Dated : 23-06-2017 ................................................ 122

16E

Memo No.8130/ M1/2017-1, Dated : 28-06-2017 ............................................. 122

16F

Memo No.7961/ M1/2017-1, Dated : 28-06-2017 ............................................. 123

16g

Memo No.7798/ M1/2017, Dated : 29-06-2017 ................................................ 123

16H

Memo No.14061/ M1/2016, Dated : 07-07-2017 .............................................. 123

GO Ms No. 470 Dated: 09-07-2008 Comprehensive Master Plan for 1 km belt on either side of the proposed Outer Ring Road (Hyderabad Outer Ring Road Growth Corridor) and Special Development Regulations .................................... 124

procedure for sanction of master plan(GTP scheme) as per Telangana Town Planning Act, 1920 .................................................... 135

GO Ms No. 125 Dated: 22.03.2014 Levying user charges for scrutiny of layouts in rural and urban areas ........................................................................... 136

GO Ms No. 72 MA&UD (G1) Dt: 20-2-2002 Reserved open lands in Municipalities and Municipal Corporations - further instructions/ guidelines .......... 137

GO Ms No.131 Dated: 31.08.2020 Regularization of Unapproved and Illegal Layout Rules 2020 for Urban and Rural areas ................................................. 138

21A

21-A Lr. No. B/1545/TPS/CCP/HO/GHMC/2016-20 Dt: 28.12.2020 of the GHMC-Certain clarification requested-Reg. ................................................... 144

21-B

Memo No.14148/PLG.III/2020 Dt: 31.12.2020- Telangana Regularisation of unapproved and illegal layout Rules 2020-processing of Building permission- clarification-Issued ................................................................. 145

21-C

Memo No. 17433/M1/2012 Dt: 27.08.2012-Exemption of layout regularisation scheme in certain cases - Reg ................................................. 147

GO Ms No. 152 Dated: 02.11.2015 Regularisation of Unauthorizedly constructed buildings and buildingsconstructed in deviation of the sanctioned plan Rules 2015 ....................................................................... 148

GO MS No. 96 Dated: 05.08.2015 Comprehensive GuideLines for Issue of Clearance for Installation New Telecommunication Infrastructure Towers .............. 153

GO Ms No. 18 Dated:18-02-2013 Installation/ erection of statues/ monuments on any roads .......................................................................... 159

GO Ms No. 112 Dated.15.12.2009 the Building and Other Construction Workers’ Welfare Cess Act, .................................................................................. 160

GO Ms. No. 67. Dated: 26. 02. 2002 Telangana Gram Panchayat Land Development (Layout and building) Rules –2002 .............................................. 162

Extract of sections 113 & 114 of telangana panchayat raj act, 2018 ..................... 183

GO Ms No 350 Dated 9th June, 2000 Conservation and Harvesting of Rain water Structures in construction of buildings ................................................. 187

GO Ms No.187 Dated: 07-07-2017 Parking Policy for Hyderabad and Urban Areas of Telangana State .............................................. 189

29A

GO Ms No.63 Dated: 20.03.2018 Parking policy for Hyderabad and Urban areas of Telangana State- Regulation of Parking fee in Commercial Establishments .......... 196

Schedule of Planning Fee and Charges (Municipaliies) ....................................... 198

Schedule Of Town Planning Charges & Fees (GHMC) ......................................... 204

Procgs. No. 8/ GHMC/ TPS/ HO/ 2007-18/539, Dated: 02.07.2018 Decentralization of approvals of Building Permission ....................................... 208

GO Ms No. 223, dt: 30.08.2016 Rates of Development Charges Hmda Area ........................................................................................... 209

GO Ms No. 224 MA&UD Dept., dt:30.08.2016 YTDA Area .................................... 210

GO Ms No.225 MA&UD Dept., dt: 30.08.2016 KUDA, VTADA,BTDA ........................ 211

GO Ms No. 226 MA&UD Dept, dt: 30.08.2016 other than UDA Areas ...................... 212

List of Zones, Circles and Wards in Ghmc ..................................................... 213

GO Ms No. 221 MAUD Dept. MA. Dated 22-08-2016 Special Regulations for High Rise Buildings taken-up Under 2 BHK Housing Scheme ........................... 215

GO Ms. No.213- The Telangana Municipalities (Mutation of Property through Dharani Portal) Rules, 2020- Notification-Orders ............................................. 216

GO Ms. No.111, MA., Dt: 08.03.1996- Protection of catchment Areas of Himayatsagar and Osmansagar Lakes–Recommendations of the Committee Constituted by the HMWS&SB–Amendment to GO Ms. No. 192 Dt: 31.03.1994. ......... 219

40-A

GO Ms. No.192 Dt: 31.03.1994- Protoction of catchment areas of water sources for Twin Cities of Hyderabad and Secunderabad i.e. Himayat sagar and Osmansagar-Recommendation of the committee constituted by the HMWS&SB ............................................................................................ 221

40-B

GO Ms.No.50 Dt: 28.01.1989- Interception of catchment area of Osmnnsagar and Himayathsagar Reservoirs by construction of check-dams and Installation of Electric/ Diesel Pump sets to tap water illicitly Prohibition ........................................................................................... 222

GO Ms No. 639 Dt: 02.12.2011 RTI Act, 2005 - Implementation of Section 8(3)-Time limit for information beyond 20 years - Furnishing of Information relating to the occurrence, event or matter which took place 20 years back ................................................................................ 224

GO Ms No.151 Dated: 25.05.2016- Measures to be taken for utilization and implementation of fly ash in Urban Local Bodies and Urban Development Authorities ........................................................................................... 225

Atal Mission for Rejuvenation and Urban Transformation (AMRUT) ...................... 227

HRIDAY (Heritage City Development and Augmentation Yojana) .......................... 229

National Urban Housing & Habitat Policy (NUHHP) 2007 .................................... 230

National Urban Transport Policy 2014 .......................................................... 232

Other Related Go's and Infromastion Pertains to Town Planning .......................... 235

General Reference, National and Telangana Policies & Guidlines

Urban and Regional Development Plans Formulation and Implementation (URDPFI) Guidelines, Volume 1, January, 2015.

Urban and Regional Development Plans Formulation and Implementation (URDPFI) Guidelines, Volume II A and II B, Appendices to URDPFI Guidelines, 2014, January, 2015.

The Real Estate (Regulation and Development) Act, 2016.URL

Telangana Real Estate (Regulation and Development) Rules, 2017.

Smart Cities, Mission Statement & Guidelines, 2015.

The Environment (Protection) Act, 1986.

Compendium of Office Memoranda and Circulars under Environment Impact Assessment Notification (from December 2014 to January 2019).

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Model Building Byelaws, Town & Country Planning Organisation, Ministry of Housing and Urban Affairs, Government of India, 2016.

10 The Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 2010.

11 The Telangana Heritage (Protection, Preservation, Conservation and Maintenance) Act, 2017.

12 Telangana Public Safety (Measures) Enforcement Act, 2013.

13 National Urban Information System (NUIS), Design and Standards, Town & Country Planning Organisation, Ministry of Housing and Urban Affairs, Government of India, 2006.

14 Formulation of GIS based Master Plans for Small and Medium Towns, Town & Country Planning Organisation, Ministry of Housing and Urban Affairs, Government of India, 2020.

15 Urban Greening Guidelines, Ministry of Housing and Urban Affairs, Government of India, 2014.

16 Ministryof Environment, Forestand Climate Change Notification, New Delhi, 29th April, 2016. (Draft Notification)

17 National Urban Housing and Habitat Policy, Ministry of Housing & Urban Poverty Alleviation, Government of India, 2007.

18 National Urban Transport Policy, Ministry of Urban Development, Government of India, 2014.

iii

19 Heritage City Development and Augmentation Yojana, Guidelines, NIUA, Ministry of Urban Development, Government of India, 2015.

20 Atal Mission for Rejuvenation and Urban Transformation (AMRUT), Mission Statement & Guidelines, Ministry of Urban Development, Government of India, 2015.

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Planning Agencies in Telangana State a)

Directorate of Town & Country Planning and Functions ● Urban and Regional planning is one of the major functions of Directorate of Town and Country planning. ● Urban planning and implementation is under the provisions of HMDA Act 2008, Telangana Town planning Act 1920 and Telangana urban Areas (development) Act 1975, Telangana Municipalities Act, 2019 Hyderabad Municipal Corporation Act 1955, and other Acts dealing with land developments and the rules and zoning regulations issued therein from time to time. ● Country planning is being implemented through Telangana Panchayat Raj Act , 2018 and the building & layout rules issued therein. ● In addition to the above the development is facilitated and regulated under the provisions of local bodies Act of both Urban and Rural. ● Developments are regulated under the provisions of Telangana Housing Board Act, Telangana housing corporation Act, and Telangana State cinematograph Act. etc., ● Master plans, Development plans, layout plans, Zonal Development plans and area development plans are prepared. Building regulations are enforced under the provisions of the said Acts and rules. ● The Directorate of Town and Country planning with its organisation at Regional, District, Local level is with both planning and regulatory functions unlike some of the states where regulatory function is with the engineering wing, powers and functions are delegated to Regional and District level functionaries. ● Regional Offices for two regions headed by Reagional Deputy Director of Town and Country Planning at Warangal and Hyderabad. ● District Offices for 31 Districts headed by District town and Countr planning Officers at District Head Quarters are Functioning now. ● Planning wings in Urban local bodies headed by Cheif City Planners, Addl. Cheif City Planners, City Planners, Dy. City Planners, Asst. City Planners, Town Planning Officers and Town Planning Supervisors according to grade of the Municipal Corporations / Municipalities are functioning. Urban Development Authorities in the State As of now there are 11 UDAs in the State. The Urban Development Authorities (UDAs) are constituted under the provisions of Telangan Urban Areas (Development) Act, 1975. Names of 11 UDAs in the State S.No. Name of Urban Development Authorities i Hyderabad Metropolitan Development Authority (HMDA which was earlier known as HUDA) constituted under the provisions of HMDA Act 2008. ii Kakatiya Urban Development Authority (KUDA) iii Quli Qutub Shah Urban Development Authority (QQSUDA) iv Basara Urban Development Authority (BUDA) v Gajwel Area Develpoment Authority (GADA) vi Yadadri Temple area Develpoment Authority (YTDA) vii Vemulawada Temple area Development Authority (VTADA) viii Sathavahana Urban Development Authority-Karimnagar (SUDA) ix Nizamabad Urban Development Authority (NUDA) x Siddipet Urban Development Authority (SUDA) xi Stambhadri Urban Development Authority - Khammam (SUDA) v

Telangana State at a Glance Demographic and other Key Characteristics of the State S.No.

Item

Unit

Quantity

Area

Sq. Kms.

1,12,077

Districts

Nos.

Revenue Divisions

Nos.

Towns (as per 2011 Census)

Nos.

158

Municipal Corporations

Nos.

Municipalities

Nos.

128

Zilla Praja Parishads

Nos.

Mandal Praja Parishads

Nos.

584

Gram Panchayats

Nos.

12,751

Revenue Mandals

Nos.

584

Revenue Villages (Census Villages) Inhabited Villages Un-inhabited Villages

Nos. Nos. Nos.

10,434 9,834 600

Households Household size

Nos. Nos.

83,03,612 4

Total Population (as per 2011 Census) Males Females Sex Ratio (Females per 1000 Males) Density of Population (Per Sq. km.) Decadal Growth Rate (2001-2011)

Nos. Nos. Nos. Nos. Nos. Rate

3,51,93,978 1,77,11,633 1,74,82,345 987 312 13.58

Rural Population Males Females Sex Ratio (Females per 1000 Males) Percentage to Total Population

Nos. Nos. Nos. Ratio %

2,13,95,009 1,07,04,993 1,06,90,016 999 61.12

Urban Population Males Females Sex Ratio (Females per 1000 Males) Percentage to Total Population

Nos. Nos. Nos. Ratio %

1,36,08,665 69,06,640 67,02,025 970 38.88

Z vi

vii

viii

xii

xiii

xiv

xvi

1. Telanaga Municipalites Act, 2019(Act No11 of 2019 Dt: 09-10-2019 The Telangana Municipalities Act, 2019, is published in the Telangana Gazette in English and in the Telugu and Urdu languages as Telangana Act, No. 11 of 2019 vide, GO Ms. No. 47 Dt: 09-10-2019. An act to consolidate and provide for the constitution of Muntctpalittes (Municipal councils and municipal Corporations) other than the GHMC in the state of Telangana in terms of part-ix A of the constitution of India and for matters Connected therewith or incidental thereto. 171. Planned Development (1)

There shall be, in every Municipality, and in a defined time frame, a Master PIan comprising of a detailed planning scheme, land pooling scheme, local area plan having components of Water Supply Network Plan, Drainage and Sewerage Plan, Sanitation Plan, Urban green spaces Plan, and Traffic & Transport Plan as prescribed in the Telangana Town Planning Act,1920 andthe Telangana Urban Areas (Development) Act, 1975 and such a plan shall be the guiding principle for overall development of the town (Act No. VII of 1920, Act No. 1of 1975).

(2)

For securing planned development of areas in Municipalities, a Detailed Planning Scheme or Local Area Plan shall be prepared for specific areas as identified and notified, and as prescribed in the Telangana Town Planning Act, 1920. Detailed Planning scheme shall be prepared in conformity with Master PIan or lndicative Land Use Plan, if any, and shall have ecologically sensitive areas earmarked, and shall have detailed Road Network Plan, Urban Green Spaces Plan, Drainage Plan, Water Trunk Lines, Rain Water Harvesting Structures and Solid Waste Management among the other as Prescribed.

Development of Land and Construction of Building 172. Development of Land and Making of Layout (1)

Any individual or developer intending to develop a layout shall duly providing infrastructure and other amenities within the timeframe as prescribed, and pay the layout fee, development charges and other fees, as prescribed apply for its approval online in a manner prescribed and get it approved.

(2)

The layout owner shall reserve certain percentage of the land towards open space, parks, playgrounds, common parking place and social infrastructure for Solid Waste Management in the layout, as prescribed. The common parking area shall be developed by the developer for the said purpose only.

(3)

Certain percentage of plotted area, as prescribed, for an amount equivalent to carrying out infrastructure works, shall be mortgaged with the municipality and shall be released upon completion of all infrastructure and amenities and other works, as stipulated and certified in the manner prescribed.

(4)

All the layout proposals shall comply and conform to the Master plan and Detailed Planning Scheme or Local Area Plans regarding land use, road network and reservation of land for public purpose.

(5)

The applications for Layouts will be processed through the Self- Certification System in accordance with the Layout rules, and as notified in the Master Plan or Detailed Planning Scheme or Local Area plan, in the manner as prescribed. Once all requisite documents are submitted and required fee is paid through a web-based online system, the Tentative Layout Plan shall be approved within a period of 21 days and will be communicated online in order to carry out the infrastructure activities and provision of amenities in the defined time frame. 1

(6)

There shall be a District Level Committee which will verify, in the manner Prescribed, the actual development and implementation of the layout and whether it is in conformity with the tentative layout approval as given in sub-section (5).

(7)

The Owner or Developer of the layout sanctioned, shall complete the infrastructure and amenities and other works within a period of two years from the date of approval of the Tentative Layout plan.

(8)

lf the developer fails to execute the required works within the said time period, the Commissioner shall get the left-overworks executed within a year from the time of default, and shall meet the expenses incurred for executing such works by selling mortgage plots for an equivalent value. ln such an eventuality, the owner or developer shall be blacklisted in the manner as prescribed, and shall not be allowed to undertake any further layout developmnent works in the entire State, either individually or in partnership or in any other manner.

(9)

The Government may constitute a Layout Approval Committee for every district under the chairmanship of District collector with Superintendent Engineers or Executive Engineers of Roads and Buildings Department, Panchayati Raj Department and lrrigation Department to process the application for Approved Layout PIan, in the manner as prescribed.

(10) All Roads and Open Spaces, such as parks, Open Spaces and Playgrounds, common parking area and other such open spaces as earmarked in a Layout, shall be registered, free of cost and free from all encumbrances, in the name of municipality, and shall vest with the Municipality. The Commissioner shall maintain a record of all such open spaces vested with the Municipality. (11) Upon completion of the layout, the owner or developer, shall submit online application along with the Self Certification duly attested by Licensed Technical Personnel, in a manner as prescribed declaring that the development in the layout is as per norms. The developer shall also register all the roads and open spaces in the layout in favor of Municipality. This is a pre-condition to be eligible to get the final layout approval. Based on the Self Certification of completion and upon registering the open spaces including roads in favor of the municipality, the approved layout plan shall be processed and approved by the layout approval committee constituted under sub-section (9) and Shall be issued online to the developer. (12) The Municipal Commissioner, after the issue of the approved layout plan under sub-section (11) of this section, shall release the area mortgaged within (21)days in the manner as prescribed. (13) The Developer or Occupiers of all Unapproved or Unauthorized Layouts, as on the date of commencement of this Act, shall apply to the Commissioner within a year and shall cause or carry out necessary development in the manner and within the specified time period as prescribed. Failure to comply this will make these layouts unauthorized, and the Commissioner shall provide any amenity, as required, on a cost basis. (14) Any transaction involving land that is a part of the earmarked open space or set apart for public purpose, shall be illegal, and any owner or developer who sells or claims such land for any use shall be penalized and punished, in the manner prescribed, including imprisonment for a period not exceeding three (3) years. (15) ln case, the layout was obtained by making a false statement or misrepresentation of any material facts, the same shall be revoked as per the procedure as prescribed. (16) No new plot or subdivision shall be registered by Registration Authority unless it is approved by the authority as per the provisions of this Act. 2

(17) The official concerned, who fails to take necessary action within the prescribed period, shall be liable for disciplinary action in the manner prescribed. (18) Any person or developer who takes up unauthorized development of land without obtaining necessary permission, shall be liable either for Punishment with imprisonment for a term which may extend to three years, or with fine which may extend to twenty five percent (25%) of the value of land in question as fixed by the Registration Department at the time of using the land(19) Government may constitute special task force at the District level to take action against unauthorized layouts in the manner as prescribed. The special task force at District level shall inspect the unauthorized layouts and take action against all such unauthorized layouts. 173. Integrated Townships (1) lt is desirable that municipalities undertake appropriate measures to have planned growth in the municipality. One of the ways of systematic development is to encourage the self contained townships based on the ‘walk to work” concept wherein the distance between the work place and residence is minimized. This also will bring down pressure on roads and will also have more productive time available with people. The State shall promote comprehensive integrated townships prescribing minimum threshold area. (2) The integrated townships will act as a hub containing residential, office space, commercial, entertainment and services, as prescribed and with planned infrastructure in place. (3) A set of appropriate incentives aimed at encouraging builders or developers to develop such integrated townships may be provided by the Government. 174. Approval of Building Permissions: No piece of land shall be used as a site for the construction of a building, and no building shall be constructed or reconstructed, and no addition or alteration shall be made to an existing building without the self certification based declarations or the required approval in the manner prescribed, relating to the use of building sites or the construction or reconstruction of buildings: Provided that the Government may exempt certain buildings from taking building permission under this section, as in the manner prescribed. (1) For plot size upto 75 square yards (63 square meters), and the construction of ground or ground plus one floor, will not require any permission, the applicant however need to register online with a token amount of Rs’1 and duly self certifying to this effect regarding the size of the plot and floors; it shall also not require a completion certificate or occupancy certificate. Any plot bigger than 75 sq yards cannot be split for this purpose or this provision cannot be misused for taking up constructions in Government or prohibited or disputed land and action as prescribed shall be initiated for violations noticed. (2) Plot size upto 500 square meters and height upto 10 meters: The permission applications for all the individual residential buildings having plot area of 500 square meters and less and building height of 10 meters as specified, shall be processed through an online based Self-Certification System in accordance with the Master Plan or Detailed Planning Scheme or Local Area Plan and the building rules and in the manner prescribed, and upon furnishing all required information details shall get instant online approval. (3) The onus to ensure authenticity of self-certification and compliance with the selfcertification lies with the applicant, who shall be held personally accountable and liable in case of false declaration and action shall be initiated against the said person, as prescribed. (4) The owner or developer shall along with the building application form, submit an undertaking that in case of any actual construction made by him or her in violation of sanctioned plan, the Government or the Commissioner or the Agency authorized by him or her shall take-up the demolition without issuance of any notice. Further, the District level committee may 3

verify the documents so submitted, and in case of any misrepresentation or false statement, the action shall be taken as prescribed. (5)

Citizens shall be encouraged to bring to the notice of municipality and district collector cases where unauthorized construction or construction in violation of or in excess of permissions, in a manner prescribed. The identity of such informers shall be kept confidential. All such cases shall be examined within a week from such information and appropriate action initiated. The informant shall be incentivized in all such cases where the information furnished by him is found to be correct.

(6)

Plot size above 500 square meters and height above 10 meters: There shall be a single window system in case of applications for building permission in plots of area above 500 square meters and height above 10 meters and all Commercial buildings, High Rise Buildings, Group Development Schemes, Group Housing, Apartment Complexes, Multiplexes, non residential buildings and other such constructions, which require multiple NOCs, one common application form shall be submitted through web based online system as prescribed.

(7)

The online application has to be submitted with all requisite documents as prescribed. The online system shall not accept the application unless all such documents are submitted. Such documents upon submission shall be examined by the single window committee set up for this purpose and shortfalls or incompleteness or cases where further information or clarification is needed shall be communicated to the applicant within the 10 days from the date of applying, in a manner prescribed.

(8)

ln all other cases, the applications for building permissions accompanied by all valid and required documents, as required and prescribed, shall be sanctioned within 21 days and in the manner, as prescribed.

(9)

lf no order is issued on the building application within the time prescribed, then the approval will be deemed to have been issued, as prescribed. The official concerned shall be liable for disciplinary action, if there has been a delay in arriving at a decision within the time period.

(10) The permission issued under deemed clause can be revoked by the commissioner within 21 days from the date of deemed approval if it is found that deemed approval has been obtained by misrepresentation of the facts or false statements, and/or against the building rules, regulations and Master plan land use provisions. (11) While examining the prima facie title, Municipal Commissioner may consult District Collector or Revenue Authorities to ascertain Government interest if any. (12) The Building Permission Fees and other Charges shall be paid by the applicant, online at rates as prescribed by the Government from time to time. (13) The applicant shall commence the construction work within 6 months from the date of issue of the Building permission, and shall complete the same within 3 years in case of Non-High Rise Buildings and within 5 years in case of High rise Buildings. He shall also upload the pictures of commencement of construction within 6 months online. (14) lf the construction or reconstruction of any building is not completed within the specified period, the permission shall stand lapsed and a fresh application shall have to be made, duly paying the charges, as prescribed. (15) Mortgage of certain percentage: The applicant is required to handover 10% of built up area in the ground floor or first floor or second floor as the case may be to the municipality by way of mortgage, as prescribed, before release of permission. The individual residential buildings in plots upto 200 square meters with a height upto 7 meters are exempted from this section. 4

(16) The area so mortgaged will be released on submission of completion certificate and Occupancy Certificate as prescribed. 175. Occupancy Certificate (1)

ln case of non-high rise buildings constructed in plots above 200 square meters and less than 500 square meters, the Occupancy Certificate will be issued through online based on the Self Certification submitted by the Owner or Builder in the prescribed proforma duly attested by the Licensed Technical Personnel, stating that the building has been constructed as per the sanctioned plan and as per rules and regulations in force.

(2)

The onus to ensure authenticity of self-declaration and compliance with the Selt-Certification lies on the Owner, Applicant and Licensed Technical Personnel, who shall all be held personally responsible and accountable in case of false declaration, and the Owner, Applicant and the Licensed Technical Personnel will be liable for punishment as indicated in section 177.

(3)

ln case of High rise buildings and buildings constructed in plots 500 square meters and above the applicant shall submit online Self Certification in the prescribed proforma duly attested by the Licensed Technical Personnel, that the building has been constructed as per the sanctioned plan and as per rules and regulations in force and based on the Self Certification, Occupancy Certificate and mortgage shall be issued within 15 days from the date of receipt of application.

176. Preconditions for Building Permissions (1)

lf the proposal for Building Permission is affected by any reservation of land for Public purpose such as Road, Park, Nala Widening, Recreational on any other public person, as per the sanctioned Master Plan/ Detailed Town Planning Scheme/ Local Area plan, the said portion of the land shall be surrendered to local body free of cost and the applicant shall be compensated by the equivalent built up area in the balance portion of the land or by Transferable Development Rights as prescribed.

(2)

lf the construction or reconstruction of any building is not completed within the specified period, the permission shall stand lapsed and a fresh application shall have to be made, duly paying revised charges, as prescribed.

(3)

All buildings of all sizes should have on-site treatment systems (septic tank with soak away/ twin leach pit/ decentralized treatment system/ faecal sludge and septage) or connected to sewerage system, wastewater treatment and recycling system, as prescribed.

(4)

Energy Conservation Building Code or Green Building Code or any other Energy and Water conservation measures as deemed appropriate by the State Government, shall be made applicable to buildings, as prescribed, on plots above certain size and/ or built-up area beyond a certain area, as prescribed by the Government.

(5)

Certain number of trees shall be planted in the open area in the plot where building is being constructed, as prescribed.

(6)

lt shall be mandatory to provide for the requisite parking place, while constructing, depending upon the use of building. Parking in buildings, places of public convenience, commercial complexes, cinema halls and other such places, as notified from time to time, shall be provided free of charge to the users, as prescribed.

(7)

All parking places except individual independent/ residential buildings shall be provided with Electric Vehicle Charging infrastructure.

(8)

No external roof, veranda, wall of a building shall be constructed or reconstructed of grass, leaves, mats or other inflammable materials, except with the permission of the Commissioner. 5

(9)

The Commissioner may revoke the Building permission whenever it is found that it was obtained by making false statement or misrepresentation of any material fact or violation of rules, by duly following the procedures, as prescribed. 177. Penalty for misrepresentation of the facts: The onus to ensure authenticity of selfdeclaration and compliance with the self-Certification lies with the owner, applicant and Licensed Technical Personnel. He/ she will be held personally responsible and accountable in case of false declaration, the applicant and the Licensed Technical Personnel will be liable for punishment which includes imprisonment up-to three years, levy of penalty, demolition or taking over or sealing of the property without any notice besides cancelling the Licenses of License Technical Personnel (LTP) and forfeiting the mortgaged plots in case of layout or mortgaged built up area flats in case of buildings. 178.Enforcement (1) Government may constitute special task force at the district level to detect and monitor the unauthorized constructions and take timely enforcement action in the manner as prescribed. (2) Upon detection of construction or reconstruction of any building which has been commenced without obtaining the permission of Commissioner or carried out or completed otherwise than in accordance with the sanctioned Master Plan or Detailed Town Planning Scheme or Local Area PIan or in breach of any of the provisions of this Act, or any rule or regulation or bylaws made under this Act, the commissioner or the Agency authorized by him shall take up the demolition of the unlawfully executed work and recover the cost incurred for doing so, from the owner. (3) The Registration Authority shall not register any Building or Structure or part of the Building without the production of sanctioned plan approved by the Municipality. (4) The electricity and water supply connection shall be given to buildings which have obtained necessary authorization in the manner as prescribed. (5) During the construction of the Building the owner or Builder shall upload the photographs at different stages of the construction as prescribed. (6) Whenever a complaint or case is brought by any Citizen regarding the unauthorized construction or constructions in deviation to the sanctioned plan as mentioned in section 174(5), it shall be examined within a week from its receipt and necessary action initiated. (7) The Commissioner shall stop the construction or reconstruction of any building that endangers human life, after obtaining the safety report and causing due diligence from the appropriate authorities, as prescribed. (8) The Commissioner shall take action on unlawful building, as prescribed and shall issue orders to vacate or demolish building in certain circumstances, as prescribed. 179. Town Planning Building Tribunal (1) The State Government shall appoint municipal building tribunal or tribunals herein after referred to in the section as "the tribunal" to hear and decide appeals arising out of matters referred to and to adjudicate the offences relating to contravenes of the provisions of the Act relating to building regulations and land development in sections 172 to 193 of this Act, in accordance with such procedure and to realize such fees or fines in connection with such appeals as may be prescribed. (2) The Tribunal shall consist of a chairperson and such number of the other members not exceeding five as the State Government may determine. The members shall consist of judicial members and technical members. The technical member shall be a person who is working in the cadre of Director of Town and Country Planning In Telangana Town Planning service. 6

(3)

The Chairperson or a judicial member shall be a person who is or has been a District Judge.

(4)

The Chairperson and other members of the Tribunal shall be appointed by the State Government for such period and on such terms and conditions as the State Government may determine and shall be paid from the revenue of the State Government in the manner as prescribed.

(5)

The Tribunal shall have an establishment consisting of such officers and other employees appointed on such terms and conditions as may be prescribed and the expenses of the tribunal shall be paid from the revenue of the State Government.

(6)

No court shall have jurisdiction in any matter for which provision is made in this chapter for appeal to the tribunal.

(7)

The Tribunal shall consist of one person only who shall be a judicial officer not below the rank of Subordinate Judge.

(8)

The Tribunal shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908. (Central Act, 5 of 1908)

(9)

Each Tribunal shall have jurisdiction over such area as the State Government may, by notification, from time to time determine.

(10) The Tribunal may, with the previous sanction of the State Government appoint such officers and staff as it considers necessary for carrying on its business, and the remuneration and other conditions of service of such officers and staff shall be as prescribed. 180. Penalties (1)

Penalty for unlawful Buildings: Notwithstanding anything contained in this 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 law 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 either fine which may extend to twenty five percent (25%) 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 than fifty per cent of the said amount besides demolition of the building and recovery of demolition cost from the owner of the building.

(2)

Penalty for parking violations: ln case of buildings where the area earmarked for parking is being put to other use, the municipal commissioner shall levy a penalty on the Owner or Developer, which may extend to twenty five percent (25%) 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 than fifty per cent of the said amount as prescribed.

181.Power to seal unauthorized constructions/ development or premises (1)

lt shall be lawful for the Local Authority at any time, before or after making an order for the removal or discontinuance of any unauthorized development of construction under section 178, 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 provision of the Act; 7

(2)

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. (3) No person shall remove such seal except (a) under an order made by the Municipal Commissioner or (b) under an order of the Appellate Tribunal on the appeal made in this behalf. 182. Dangerous Structures, Precautions in case of dangerous structures (1) lf any structure appears to the Commissioner to be in a ruinous state and dangerous to the passersby or to the occupiers of neighboring structures, he may, by notice, require the owner or occupier to fence off, pull down or repair such structures so as to prevent any danger there from. (2) lf immediate action is necessary, the Commissioner shall himself, before giving such notice or before the period of such notice expires, fence off, pull down or repair such structures or fence off a part of any street or take such temporary measures as he thinks fit to prevent danger and the cost of doing so shall be recoverable from the owner or occupier. (3) lf, in the opinion of the Commissioner, the said structure is imminently dangerous to the inmates thereof, he shall order the immediate help of any police officer. 183. Construction of Buildings for Public Worship: No site shall be used for the construction of a building intended for public worship, if the construction of a building thereon will hurt the religious feelings of any class of persons or is likely to disturb the law & order situation. 184 Building Permission for Industries and Factories: The Commissioner shall dispose of the building application for construction or estabtishment of any factory, workshop, work place, as listed and as per the provisions of the Telangana State lndustrial Project Approval and Setf Ceitification System (TS- iPASS) Act 2o14, through online mode, as prescribed (Telangana Act 3 of 2014). 185. Removal of Encroachments on Streets (1) AII streets and roads vested in, or to be vested in, or maintained by Municipality, shall be open to all persons. (2) No door, gate, bar, ground floor window or any other projections shall be hung or placed so as to open outwards upon any street, or causing of obstruction of any sort by anyone will not be permitted. (3) The Commissioner shall cause to remove or alter any such projection, encroachment or obstruction. (4) No decision made or order passed or proceeding taken, by the Commissioner effecting removal of encroachments, shall be called in question before a civil court in any suit, application or other proceeding, and no injunction shall be granted by any court. (5) The Commissioner shall evict certain persons from municipal properties with the support of Police or enforcement team, as prescribed (6) The Commissioner shall remove unauthorized advertisement hoardings erected, exhibited or fixed or retained upon or over any land streets, building, wall or structure, and shall collect removal of such hoardings and other such means of advertisements. (7) lf any obstruction is caused in any street by fall of trees, structures or fences, the owner or occupier of the premises concerned shall remove within 12 hours of the occurrence of such fall or within such period as the commissioner shall by notice, allow or clear the street of such obstructions 186. Protection of Water Bodies, Green Spaces and Heritage Structures/ areas (1) Water bodies and green spaces located within the municipal area shall be protected in the manner, as prescribed. 8

(2)

Heritage structures or Areas or Precincts notified under Telangana Heritage (proteciion, preservation, Conservation and Maintenance) Act, 2017 shall be protected, conserved and maintained in the manner as prescribed in the said Act (Telangana Act 22 of 2017) 187.Usage of Toilet Facilities: Restaurants, hotels, hospitals, shopping complexes, and places of public congregation and other such buildings or institutions as prescribed shall allow usage of toilet facilities to general public, specially women, aged people and children, in the manner prescribed. 188. Code of Conduct for Licensed Technical Personnel: The Commissioner shall ensure an enforceable Code of Conduct to regulate certified Architects or Engineers and Licensed Technical personnel (LTP). The licenses of LTP shall be cancelled and their name shall be blacklisted in case of misrepresentation or false statement or certification of drawings made in violation of Zoning Regulations and Building Rules. 189. Plan for Bus Bays and Waiting Arenas: The Commissioner shall take all steps to provide for bus bays and waiting arenas scientifically so that they do not cause traffic obstruction. 190. Safety of Pedestrians: The Commissioner shall initiate all necessary measures to cause ease and convenience for pedestrians including construction of footpaths, street furniture, rest places and shall work for the public safety for pedestrian especially those crossing the roads and for pedestrian safety. Necessary markings on roads at all such points to enable pedestrian crossing shall be done. 191. Safety of all existing structures (1) All existing commercial or institutional or school buildings or hostels or other such structures or places of public congregation, such as hotels, temples and religious places or hospitals or theatres or restaurants, shall self-certify their fire-safety and emergency exit plans within a year from the introduction of this Act, and shall install all necessary measures as required during this period to comply with the safety standard. (2) Any building not certified or having failed to install fire safety or scientific exit plans shall be declared unsafe and the management will have to make alternate arrangements by vacating such structures. The Municipality shall have the right to declare such structures unsafe and take all necessary measures, as deemed appropriate, including closure or sealing and demolition, wherever necessary to ensure public safety. 192. Naming of Streets and Numbering of Buildings (1) The Municipality shall give name or alter the name of public streets, in the manner prescribed, with the approval of the Government. (2) The Commissioner shall cause a number to be affixed or painted to the side or outer door of any building to some place at the entrance of the premises, as prescribed. (3) The Commissioner shall take up naming and numbering of streets and introduce digital unique property numbering system. 193. Informal Sector and Slum Development (1) The Commissioner shall regulate street vending activity for public convenience and for informal sector by earmarking places. (2) The Commissioner shall identify all non-notified slums for notification for development and improvement as per the procedure prescribed by the Government from time to time. (3) The Commissioner shall conduct a survey of the notified slums for de-notification, as prescribed by the Government from time to time.

2. The Telangana State Building Permission Approval and Self Certification System (TSbPASS) Act, 2020 (Act No.12 of 2020 Dt: 19.09.2020) The Telangana State Building Permission Approval and Self Certification System (TS-bPASS) Act, 2020, is published in the Telangana Gazette in English, Telugu and Urdu languages as Telangana Act No.12 of 2020 in GO Ms. No. 31 Dated:19-09-2020. The Governor of Telangana hereby appoints the 16th day of November, 2020 as the date on which the provisions of the said Act shall come into force, in the whole of the State of Telangana vide GO Ms. No.199, Date: 16-11-2020 An Act to provide speedy approval of layouts/ building permissions in a transparent and time bound manner and strict enforcement against unauthorised developments, constructions in the state of telangana and for matters connected there with or incidental there to.

CHAPTER - 1 PRELIMINARY 1.

Short title, extent and commencement

(1)

This Act may be called the "Telangana State Building Permission Approval and Self Certification System (Ts-bpass) Act, 2020".

(2)

It extends to the whole of the State of Telangana.

(3)

It shall come into force on such date as the State Government may by notification in the Telangana State Gazette, appoint.

Definitions: In this Act, unless the context otherwise requires,

(1)

Acknowledgement means the acknowledgement issued under section 17 of this Act;

(2)

Application Form means the online form for submission of application for Certificate of Registration/ Instant Building Approval/ Building Permission/ approval, as may be prescribed;

(3)

Authorized Representative of the Nodal Agency means Additional Collectors (Local Bodies)/ Additional Collector of District/ any other officer as notified for all Municipalities/ Municipal Corporations vested in concerned District;

(4)

Check List means the list as may be prescribed in the application under this Act;

(5)

Clearances means grant or issue of no-objection certificate, allotments, consents, approvals, permissions, registrations, enrollments, licenses and the like, by any competent authority or authorities, under the provisions of this Act;

(6)

Commissioner means the Commissioner of the Municipality or of the Municipal Corporation;

(7)

Company means a company as defined in the Central Companies Act, 2013, and includes any foreign company; (Central Act No.18 of 2013)

(8)

Competent Authority means the Commissioner of the concerned Municipality/ Municipal Corporation as the case may be;

(9)

Development means the carrying out of any activity of construction or building, or other operations in, or over, or under land or water, or the making of any material changes or otherwise, in any building or land or any part thereof, or in the use of any building or land, and includes any repairs or redevelopment and layout and sub-division of any land and the words “to develop” shall be construed accordingly;

(10) District Collector means the District Collector incharge of a District; (11) District Committee means the “District TS-bPASS Committee” constituted under section 3 of this Act; (12) District Level TS-bPASS Committee is the District Level Committee (Single Window Committee) constituted by the Government under section 3 of this Act; 10

(13) Fee Receipts means online payment receipt or the original challan receipts issued by the Government Treasury as a proof of payment or demand drafts issued by a Scheduled Commercial Bank; (14) Form for informing deemed approval means the format (including online) in which the deemed approval is issued; (15) Government means the Government of Telangana; (16) High-rise building means and includes all buildings with 18 meters or more in height measured from the average level of the central line of street on which the site abuts, staircase rooms, lift rooms, chimneys, elevated tanks above the topmost floor and architectural features are excluded from the height of such building; (17) Land includes land which is being built upon or is built upon or covered with water, benefits to arise out of land, things attached to the earth or permanently fastened to anything attached to the earth and rights created by legislation over any street; (18) Licensed Technical Personnel is a Licensed Architect or Engineer or Town Planner or Structural Engineer or Surveyor or any other technical person as prescribed to plan, design and supervise for carrying out layout and building developmental activities, and also to issue certificate of supervision of such a development of land and building in municipal areas; (19) Master Plan means a comprehensive plan showing therein the existing and proposed locations and general layout of (a) arterial streets and transportation lines, (b) residential areas, (c) commercial areas, (d) industrial areas, (e) educational institutions, (f) public parks, playgrounds and other recreational places, (g) public and semi-public buildings, and (h) any other places put to any specified use or earmarked and proposed to be used for any of the purposes as mentioned in this definition and as provided under this Act; (20) Nodal Agency means the agency notified at the State level or at the District level under section 5 of this Act; (21) Notification means a notification published in the Telangana Gazette and the word ‘notified’ should be construed accordingly; (22) Owner means and includes, (i) the person for the time being receiving or entitled to receive, whether on his own account or as agent, trustee, guardian, manager or receiver for another person or estate for any religious or charitable purposes, the rent or profits of the property in connection with which the word is used; (ii) the person for the time being in charge of the animal or vehicle in connection with which the word is used; (23) Prescribed means prescribed by the rules made under this Act; (24) Register of Applications means the Register prescribed in which the details of the applications are entered; (25) Right to clearances under TS-bPASS means a system bestowed for clearances, same as in the lines of Right to Information Act, which enables imposing of penal Central action on officers responsible for delay; (Central Act No. 22 of 2005) (26) Self-Certification means an official statement that a person make about himself, especially while applying for municipal services; (27) Self-Declaration means the act of declaring something that is stated or made known in an official or public way by the individual; (28) Single Window System is a facility to process the applications for permission through online by streamlining the different processes and approvals, in order to act as a single 11

point of contact for requesting various services, submission of documents and payment of fees as prescribed; (29) State Committee means the "State TS-bPASS Committee" constituted under section 4 of this Act; (30) Time Limit means the number of working days within which a decision has to be taken by the concerned Municipality/ Municipal Corporation or any line Department involved in granting NOCs/ clearances, from the date of receipt of application; (31) Telangana State Building Permission Approval and Self-Certification System (TS-bPASS) means a body constituted under this Act meant for according clearances and approval for manufacturing proposals; (32) The words and expressions used in this Act, but not defined shall have the meanings assigned to them in the relevant Acts.

CHAPTER - II

CONSTITUTION, POWERS AND FUNCTIONS OF THE DISTRICT COMMITTEES, STATE COMMITTEE AND NODAL AGENCIES Constitution, Powers and functions of District Committee

(1)

The State Government may, by notifications, constitute a "District Level TS-bPASS Committee" for each district/ GHMC, which shall consist of the District Collector as the Chairman and Commissioner GHMC as Chairman in case of GHMC, Additional Collector as Member-Convener and District Level/ Regional Level officials of relevant departments as members for such term as may be specified in the notification.

(2)

The District Level Committee shall be the Competent Authority at the district level and exercise the following powers and perform the following functions namely:(i)

to meet at such times and places as the Chairman of the Committee may decide and shall transact business as per the procedure as may prescribed;

(ii) to review and monitor the processing of applications by the competent authorities; (iii) to forward cases with remarks and relevant documents to the State Committee for decision; (iv) to invite competent authorities or experts, who are not members of the Committee, as special invitees for any meeting of the District Committee as desired by the Chairman of the Committee; (v)

the Member of the District Committee shall attend the meeting convened under clause (i) personally and in case he is unable to attend the meeting, he may depute a senior level officer with a written authorization to take appropriate decision in the meeting;

(vi) such other powers and functions as may be prescribed; (vii) monitoring and reviewing in District performance with respect to clearances and permissions in all ULBs within the District; (viii) monitoring the disposal of all applications received under TS-bPASS strictly within the prescribed time line; (ix) keeping record of dashboard and MIS reports pertaining to all applications received under TS-bPASS; (x)

review of rejected cases/reasons for delay in approvals and ensuring disposals of applications in stipulated time period as per the provisions of this Act, building rules and prescribed procedures;

4. (1)

(2)

(xi) reporting to Government with respect to status/ pendency of applications received under TS-bPASS; (xii) constituting the post verification teams drawing the officials from the following Departments, Roads and Buildings Department, Panchayat Raj Department, Irrigation Department to conduct post verification of site conditions; title aspects, technical aspects and violations if any, with reference to the information furnished by the applicant at the time of obtaining building permission through online. In case of GHMC, the special task force headed by the Zonal Commissioner shall constitute post verification teams as prescribed; (xiii) managing the activities of post verification teams; (xiv) constituting required number of enforcement squads (demolition squads) duly evaluating the requirement depending on the quantum of construction activity in the Municipalities/ Municipal Corporations in the District; (xv) monitor the complaints received from the citizens and their redressal by all the line Departments/ Agencies involved in issuing Building/Layout permissions or clearances; (xvi) the District level TS-bPASS Committee shall meet twice in a month preferably first and third week or alternatively second and fourth week of every month as decided by the Chairman of the Committee; (xvii)the District Level TS-bPASS Committee will act as a District Task Force (DTF) at District level to detect and monitor the unauthorized constructions, unauthorized layouts and take timely enforcement action. In respect of GHMC, there will be a special task force constituted for each zone headed by Zonal Commissioner. Constitution, Powers and functions of State Committee The Government may, by notification, constitute a State Committee known as the "State TS-bPASS Committee", which shall consist of Principal Secretary/ Secretary MA&UD as the Chairman and the Commissioner and Director of Municipal Administration as the Member Convener with HODs of the relevant departments as other members for such term as may be specified in the notification. The State Committee shall be the Competent Authority at the State Level and exercise the following powers and perform the following functions namely:(i) to meet at such times and places as the Chairman of the Committee may decide and shall transact business as per the procedure as may be prescribed; (ii) to review and monitor the processing of applications by the Competent authorities and District Committees and to forward the orders of the competent authority to the applicant; (iii) to forward specific cases with remarks and relevant documents to the State Government for decision; (iv) to invite competent authorities or experts, who are not members of the Committee, as special invitees for any meeting as desired by the Chairman of the State Committee; (v) the Member of the State Committee shall attend the meeting convened under clause (i) personally and in case he is unable to attend the meeting, he may depute a senior level officer with a written authorization to take appropriate decision in the meeting; (vi) such other powers and functions as may be prescribed from time to time; (vii) monitoring and reviewing the Departmental (line departments) performance with respect to clearances/ permissions and issue necessary instructions to the District Level TS-bPASS Committee/ULBs line Department to expedite the approvals under TSbPASS; 13

(viii) review the functioning of District Level TS-bPASS Committees, District Task Force (DTP), PMU and Chasing Cell and issue necessary instructions as may be required for implementation of TS-bPASS. Constitution, Powers and Functions of Nodal Agency: The State Government may, by notification, appoint a Nodal Agency at the State level for implementation of TS-bPASS and to coordinate with District Collectors, Members of TS-bPASS Committee and to provide necessary logistic support/ secretarial support/ administrative clearances for implementation of TS-bPASS in the State.

CHAPTER-III DEVELOPMENT OF LAND AND CONSTRUCTION OF BUILDING 6.

Development of Land and making of Layout

(1)

The applications for Layouts will be processed and through the Self-Certification System in accordance with the Layout rules, and as notified in the Master Plan or Detailed Planning Scheme or Local Area Plan, in the manner as may be prescribed. Once all requisite documents are submitted and required fee is paid through a web-based online system, the tentative Layout Plan shall be approved within a period of 21 days and will be communicated online in order to carry out the infrastructure activities and provision of amenities in the defined time frame.

(2)

There shall be a District Level Committee which will verify, in the manner as may be prescribed, the actual development and implementation of the layout and whether it is in conformity with the tentative layout approval as given in sub-section (1).

(3)

The Government may constitute a Layout Approval Committee for every district under the Chairmanship of District Collector with Superintendent Engineers or Executive Engineers of Roads and Buildings Department, Panchayat Raj Department and Irrigation Department to process the application for Approved Layout Plan, in the manner as may be prescribed. In case of GHMC, the committee will be headed by the Commissioner, GHMC.

(4)

Upon completion of the Layout, the owner or developer, shall submit online application along with the self certification duly attested by Licensed Technical Personnel, in the manner as prescribed declaring that the development in the layout is as per norms. The developer shall also register all the roads and open spaces in the Layout in favor of Municipality. This is a pre-condition to be eligible to get the final layout approval. Based on the self certification of completion and upon registering the open spaces including roads in favor of the municipality, the approved layout plan shall be processed and approved by the layout approval committee constituted under sub-section (3) and shall be issued online to the developer.

(5)

in case, the layout was obtained by making a false statement or misrepresentation of any material facts, the same shall be revoked as per the procedure, as may be prescribed.

(6)

Government may constitute special task force at the District level/ GHMC level to take action against unauthorized layouts in the manner as prescribed. The special task force at District level/ GHMC shall inspect the unauthorized layouts and take action against all such unauthorized layouts.

Approval of Building Permissions

(1)

No piece of land shall be used as a site for the construction of a building, and no building shall be constructed or reconstructed, and no addition or alteration shall be made to an existing building without the self certification based declarations or the required approval in the manner prescribed, relating to the use of building sites or the construction or reconstruction of buildings:

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

Provided that the Government may exempt certain buildings from taking building permission under this section, in the manner prescribed. For plot size upto 75 square yards (63 square meters), and the construction of ground or ground plus one floor, will not require any permission. The applicant however need to register online with a token amount of Rs.1 and duly self certifying his title, the size of the plot and floors, it shall also not require a completion certificate or occupancy certificate. Any plot bigger than 75 sq yards cannot be split for this purpose or this provision cannot be misused for taking up constructions in government or prohibited or disputed land and action as prescribed shall be initiated for violations noticed. Plot size upto 500 square meters and height upto 10 meters: The permission applications for all the individual residential buildings having plot area of 500 square meters and less and building height of 10 meters as specified, shall be processed through an online based Self-Certification System in accordance with the Master Plan or Detailed Planning Scheme or Local Area Plan and the building rules and in the manner prescribed, and upon furnishing all required information details shall get instant online approval. The onus to ensure authenticity of self-certification and compliance with the self-certification lies with the applicant, who shall be held personally accountable and liable in case of false declaration and action shall be initiated against the said person, as prescribed. The owner or developer shall along with the building application form, submit an undertaking that in case of any actual construction made by him or her in violation of sanctioned plan, the Government or the Commissioner or the Agency authorized by him or her shall take-up the demolition without issuance of any notice. Further, the District level committee may verify the documents so submitted, and in case of any misrepresentation or false statement, the action shall be taken as prescribed. Citizens shall be encouraged to bring to the notice of Municipality and District Collector cases where unauthorized construction or construction in violation of or in excess of permissions, in the manner prescribed. The identity of such informers shall be kept confidential. All such cases shall be examined within a week from such information and appropriate action initiated. The informant shall be incentivized in all such cases where the information furnished by him is found to be correct. Plot size above 500 square meters and height above 10 meters: There shall be a single window system in case of applications for building permission in plots of area above 500 square meters and height above 10 meters and all Commercial Buildings, High Rise Buildings, Group Development Schemes, Group Housing, Apartment Complexes, Multiplexes, Non Residential Buildings and other such constructions, which require multiple NOCs, one common application form shall be submitted through web based online system as prescribed. The online application has to be submitted with all requisite documents as may be prescribed. The online system shall not accept the application unless all such documents are submitted. Such documents upon submission shall be examined by the single window committee set up for this purpose and shortfalls or incompleteness or cases where further information or clarification is needed shall be communicated to the applicant within 10 days from the date of applying, in such manner, as may be prescribed. In all other cases, the applications for building permissions accompanied by all valid and required documents, as required and prescribed, shall be sanctioned within 21 days and in such manner, as may be prescribed. If no order is issued on the building application within the time prescribed, then the approval will be deemed to have been issued, as may be prescribed. The official concerned shall be liable for disciplinary action, if there has been a delay in arriving at a decision within the time period. 15

(11) The permission issued under deemed clause can be revoked by the commissioner within 21 days from the date of deemed approval if it is found that deemed approval has been obtained by mis-representation of the facts or false statements, and/or against the building rules, regulations and Master Plan land use provisions. 8. Occupancy Certificate (1) In case of non-high rise buildings constructed in plots above 200 square meters and less than 500 square meters, the Occupancy Certificate will be issued through online based on the Self Certification submitted by the Owner or Builder in the prescribed proforma duly attested by the Licensed Technical Personnel, stating that the building has been constructed as per the sanctioned plan and as per rules and regulations in force. (2) The onus to ensure authenticity of self-declaration and compliance with the Self-Certification lies on the Owner, Applicant and Licensed Technical Personnel, who shall all be held personally responsible and accountable in case of false declaration, and the Owner, Applicant and the Licensed Technical Personnel, will be liable for punishment as provided in section 9. (3) In case of High rise Buildings and Buildings constructed in plots 500 square meters and above, the applicant shall submit online Self Certification in the prescribed proforma duly attested by the Licensed Technical Personnel, that the building has been constructed as per the sanctioned plan and as per rules and regulations in force and based on the Self Certification, Occupancy Certificate and mortgage shall be issued within 15 days from the date of receipt of application. 9. Penalty for misrepresentation of the facts: The onus to ensure authenticity of selfdeclaration and compliance with the Self-Certification lies with the Owner, Applicant and Licensed Technical Personnel. He/she will be held personally responsible and accountable in case of false declaration, the Applicant and the Licensed Technical Personnel will be liable for punishment which includes imprisonment upto three years, levy of penalty, demolition or taking over or sealing of the property without any notice besides cancelling the Licenses of License Technical Personnel (LTP) and forfeiting the mortgaged plots in case of layout or mortgaged built up area flats in case of buildings. 10. Enforcement (1) Government may constitute a special task force at the District level/ GHMC level to detect and monitor the unauthorized constructions and take timely enforcement action in the manner as prescribed. (2) Upon detection of construction or reconstruction of any building which has been commenced without obtaining the permission of Commissioner or carried out or completed otherwise than in accordance with the sanctioned Master Plan or Detailed Town Planning Scheme or Local Area Plan or in breach of any of the provisions of this Act, or any rule or regulation or byelaws made under this act, the Commissioner or the Agency authorized by him shall take up the demolition of the unlawfully executed work and recover the cost incurred for doing so, from the owner. (3) The Registration Authority shall not register any Building or Structure or part of the Building without the production of sanctioned plan approved by the Municipality. (4) The electricity and water supply connection shall be given to buildings which have obtained necessary authorization in the manner as prescribed. (5) During the construction of the Building the owner or Builder shall upload the photographs at different stages of the construction as prescribed. (6) Whenever a complaint or case is brought by any Citizen regarding the unauthorized construction or constructions in deviation to the sanctioned plan, it shall be examined within a week from its receipt and necessary action initiated. 16

CHAPTER-IV -MISCELLANEOUS 11. Combined Application from (CAF) (1)

(2)

It shall be competent for the Government to prescribe combined application forms which may consist of (a)

forms under Central enactments without any change; and

(b)

existing forms or new forms in lieu of the existing forms under State enactments.

All Departments or Authorities concerned shall accept such application forms for processing and issue of required clearances.

12. Filling of Application Forms: All applications for clearances shall be submitted with the required fees in the prescribed manner to the competent authority. 13. Power to call additional information: On receipt of application, the competent authority shall have power to obtain further additional information from the applicant as required by him, while furnishing a copy of the same to the Nodal Agency. 14. Self-Certification (1)

Every applicant shall furnish a 'Self-Certification' at the time of submitting application form to the Competent Authority, undertaking in such form and manner as may be prescribed, that he shall comply with the applicable provisions of the relevant Acts and the rules made there under.

(2)

The self-certification furnished by the applicant shall be accepted by the concerned Departments and Authorities for the purpose of issue and granting clearance/ permissions.

15. Time Limits for Processing of Applications: Notwithstanding anything contained in any State law for the time being in force,(1)

The Government may lay down the procedure for processing and disposal of applications.

(2)

The Competent Authority may ask for additional information at any time before the expiry of the period stipulated for the disposal of such clearance: Provided that such request for additional information should be made only once by the competent authority. After receipt of the additional information, the Competent Authority shall pass orders on the application before the expiry of the stipulated time from the date of receipt of such additional information.

16. List of Deemed Approvals (1)

While prescribing time limits, the State Government may notify the clearances in respect of which failure of the competent authority to pass final orders on the application within the stipulated time shall result in deemed approval.

(2)

The applicant may proceed to execute the work or take other action following the provisional or deemed approval given at by the Competent Authority, but not so as to contravene any of the provisions of the Acts or rules or byelaws applicable to such clearances.

17. Acknowledgement and information of rejection of application: The appropriate Competent Authorities shall acknowledge the receipt of application, the date on which the application was received by the Competent Authority and inform the applicant within the time, in the case of rejection of application. 18. Review of District level cases: Notwithstanding anything contained in any State law, for the time being in force,(1)

The District Committee may, either suo-motu or on an application, examine any order passed by any competent authority, rejecting any clearance or approving it with modification, 17

and if the District Committee considers that there are valid grounds for a change in such decision, it shall forward such case to the State Committee with remarks and relevant documents for a decision; (2) (3) 19.

20. 21.

22. (1)

(2)

23. (1)

(2)

24. (1)

The State Committee shall examine all cases referred to it by the District Committee and pass appropriate orders; The decision taken by the State Committee shall be binding on the District Committee and the respective Competent Authorities. Review of State Level cases: Notwithstanding anything contained in any State law, for the time being in force, the State Committee may, either suo-motu or on an application, examine any order passed by any competent authority, rejecting any clearance or approving it with modification, and if the State Committee considers that there are valid grounds for a change in such decision, it shall forward such case to the Government with remarks and relevant documents for a decision. Exemption: The State Government may, by notification, exempt any clearances from any of the provisions of the Act. Penalty: Any applicant who fails to comply with the conditions or undertaking in selfcertification given to the Nodal Agency or other department or authorities shall be punishable with fine as prescribed by government from time to time as well as rectification of the defect. Right to clearances under TS-bPASS Provision of "Right to Clearances under TS-bPASS" system to the applicant to know the reasons for delay and to cause the imposition of penalties to the designated officers of the competent authority. The State Government may, by notification, create a "Grievance Redressal Mechanism" to effectively deal with the grievances that may be filed by applicants under the TS-bPASS process. Offences by Companies etc., Where an offence under this Act is committed by a Company, the company as well as every person in charge of and responsible to the company for the conduct of its business at the time of commission of the offence, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed with the consent or connivance of, or that commission of the offence is attributable to any neglect on the part of any Director, Manager, Secretary or other Officer, such Director, Manager, Secretary or other Officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation: For the purpose of this section (a) Company means a company as defined in the Companies Act, 2013, and includes any foreign company; (Central Act No.18 of 2013) (b) Director in relation to a firm means a partner in the firm. Act to override other Laws Save as otherwise provided in this Act, the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other State law for the

(2)

25.

26.

27. 28. (1) (2)

time being in force or any custom or usage or any instrument having effect by virtue of any such law. The provisions of this Act will supersede the relevant provisions of Greater Hyderabad Municipal Corporation Act and Hyderabad Metropolitan Development Authority Act relating to building permissions and enforcement. (Act No.ll of 1956. Act No.8 of 2008) Powers to remove doubts or difficulties: If any doubt or difficulty arises in giving effect to the provisions of this Act, the Government may, by order, make provisions or give such directions, not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for the removal of the doubt or difficulty. Powers to give directions: The State Government may, from time to time, issue to the State Committee or the District Committees such general or special directions of policy as they may deem necessary or expedient for the purpose of carrying out the objects of this Act and the said State Committee or the District Committees, as the case may be, shall be bound to follow and act upon such directions. Savings: The provisions of this Act shall not apply to any clearances required under Central enactments. Power to make rules The Government may by notification make rules for carrying out all or any of the purposes of this Act; Every rule made under this Act, shall immediately after it is made be laid before the Legislature of the State, if it is in session and if it is not in session in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions and if before the expiry of session in which it is so laid or the session immediately following, the Legislature agrees in making any modification in the rule or in the annulment of the rule, the rule shall, from the date on which the modification or annulment is notified, have effect only in such modified form or shall stand annulled, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

3.Telangana Building Rules, 2012 – Orders – Issued MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT (M) DEPARTMENT GO Ms. No. 168 Dated: 07-04-2012 1. GO Ms. No. 483 MA&UD Department, dated 24-08-1998 2. GO Ms. No. 541 MA&UD Department, dated 17-11-2000 3. GO Ms. No. 33 MA&UD Department, dated 03-03-2001 4. GO Ms. No. 86 MA &UD Department, dated 03-03-2006 5. GO Ms. No. 171 MA&UD Department, dated 19-04-2006 6. GO Ms. No. 623 MA&UD Department, dated 01-12-2006 7. GO Ms. No. 17 MA&UD Department, dated 10-01-2007 8. GO Ms. No. 678 MA&UD Department, dated 07-09-2007 9. GO Ms. No. 736 MA&UD Department, dated 03-10-2007 10. GO Ms.No. 744 MA&UD Department, dated 04-10-2007 11. GO Ms. No. 279 MA&UD Department, dated 01-04-2008 12. GO Ms. No. 281 MA&UD Department, dated 01-04-2008 13. GO Ms No. 302 MA&UD Department, dated 15-04-2008 14. GO Ms.No. 569 MA&UD Department, dated 23-08-2008 15. GO Ms. No. 249 MA&UD Department, dated 16-03-2009 16. GO Ms. No. 450 MA&UD Department, dated 13-10-2010 17. GO Ms. No. 34 MA&UD Department, dated 22-01-2011 18. GO Ms. No. 45 MA&UD Department, dated 28-01-2011 19. GO Ms. No. 82 MA&UD Department, dated 21-02-2011 (Up dated with amendments issued in various GO MS No. (a) 469, Dt: 18-11-2013 (b) 190 Dt: 08-5-2013 (c) 30 Dt: 28-1-2014 (d) 7 Dt: 5-1-2016 (e) 149 Dt: 24-5-2016 (f) 228 Dt: 1-9-2016 (g) 135 Dt: 12-5-2017 (h) 330 Dt: 28-12-2017 (i) 50 Dt: 22-4-2019 (j) 209 Dt: 16-7-2019 (k) 264 Dt: 5-11-2019 (l) 62 Dt : 21-3-2020 (m) 168 Dt : 8-10-2020. ✦✦✦

ORDER 1.

In the references read above, Government have issued Comprehensive Building Rules and other related rules which are applicable to Municipal Corporations, Municipalities, Nagar Panchayats and areas covered by Urban Development Authorities in the State. These Building Rules are regulating the building activities in above areas. Government consider that there is a need to bring comprehensive and uniform building stipulations in the State and therefore decided to issue Telangana Buildings Rules. NOTIFICATION

In exercise of the powers conferred by Section 585 read with 592 of the Greater Hyderabad Municipal Corporation Act, 1955; Proviso under sub section (1) read with sub section (2) of Section 14, 32, 46 and 58 of the Telangana Urban Areas (Development) Act, 1975; Section 56 (1) of Hyderabad Metropolitan Development Authority (HMDA) Act, 2008; Section 18 of the Telangana Municipal Corporations Act, 1994; Section 326 of the Telangana Municipalities Act, 1965 and Section 44 (1) of the Telangana Town Planning Act,1920 and in supersession of all the existing rules on the subject, the Government of Telangana hereby issue the following rules applicable to all Urban Development Authority areas and Urban Local Bodies together with Gram Panchayat areas in the State covered in Master Plans/ General Town Planning Schemes/ Outline Development Plans. 20

RULES 1. Short Title, Applicability & Commencement (a) These Rules may be called ‘The Telanagana Building Rules - 2012’. (b) They shall apply to the building activities in the areas falling in; (i) Hyderabad Metropolitan Development Authority (HMDA), (ii) All Urban Development Authorities, (iii) All Municipal Corporations, (iv) All Municipalities, (v) All Nagar Panchayats, (vi) Gram Panchayat areas covered in Master Plans/ General Town Planning Schemes notified under Telangana Town Planning Act,1920 and (vii) Industrial Area Local Authority (IALA)/ Special Economic Zone (SEZ) notified by Government. (c) These rules shall apply to all building activity, all existing rules, regulations, bylaws orders that are in conflict or inconsistent with these Rules shall stand modified to the extent of the provisions of these rules. (d) They shall come in to force from the date of publication in the Telangana Gazettee. 2. Definitions: In these Rules, (a) ‘Competent Authority’ means: (i) The Metropolitan Commissioner, Hyderabad Metropolitan Development Authority in HMDA area exclusive of Greater Hyderabad Municipal Corporation (GHMC) Area, (ii) The Commissioner, Greater Hyderabad Municipal Corporation (GHMC) (iii) The Vice Chairman of the respective Urban Development Authority. (iv) The Director of Town & Country Planning in case of Municipal Corporations, Municipalities, Nagara Panchayats not covered in Urban Development Authorities and Gram Panchayat areas covered in Master Plans/ General Town Planning Schemes notified under Telangana Town Planning Act, 1920. (v) Any Department or Agency of the Government, which are entrusted with the powers and responsibilities to grant or issue clearances (inserted vide Amendment -1 of GO Ms. No. 62 MA dt: 21-03-2020) (aa) Energy Conservation Building Code’ or ECBC is the energy code adopted by the Bureau of Energy Efficiency in 2007 and revised in 2008, that provides the minimum requirements for energy-efficient building design and construction. The Energy Conservation Building Code (2008) when locally adapted to Telangana climate is termed as the “Telangana Energy Conservation Building Code (TECBC).” All definitions included in the Energy Conservation Building Code (2008) and not otherwise defined herein are applicable to the Telangana Energy Conservation Building Code.” (Added vide Amendment -1 of GO Ms. No. 30 M.A dt: 28-01-2014) (b) ‘Enforcement Authority’ means: (i) The Metropolitan Commissioner, Hyderabad Metropolitan Development Authority. (ii) The Vice Chairman of the respective Urban Development Authority. (iii) The Commissioner of respective Urban Local Body. (iv) The Executive Authority of the Gram Panchayat. 21

(v) (c)

(d)

(e)

(f)

(g) (h)

(i)

(j) (k)

3. (a)

The Executive Authority of the Special Unit created as the case may be for the purpose of sanctioning and monitoring building and development activity, as applicable. Group Development Scheme is reckoned as development of Residential Buildings in a Campus or Site of 4000 sq.m and above in area and could be row houses, semi-detached, detached Houses, Apartment blocks or High-Rise buildings or mix or combination of the above. Group Housing means the development of building having 5 or more multiple dwelling units and common services on a given site or plot in a single or multiple blocks without customary subdivision of land by way of individual plots. Height of Building means height measured from the abutting road and in case of undulated terrain height can be considered as average of the corresponding ground level. The parapet wall, staircase head room, lift room, water tank are excluded from the height of the building. High-Rise Building means a building with 18m or more in height. However, chimneys, cooling towers, boiler rooms, lift machine rooms, cold storage and other non-working areas in case of industrial buildings and water tanks and architectural features in respect of other buildings are excluded. Parking Complex/Parking Lot means premises either built or open which is utilized purely for parking of vehicles permitted in specific areas. Sanctioning Authority means: (i) The Metropolitan Commissioner, Hyderabad Metropolitan Development Authority. (ii) The Vice Chairman of the respective Urban Development Authority. (iii) The Commissioner of respective Urban Local Body. (iv) The Executive Authority of the Gram Panchayat. (v) The Executive Authority of the Special Unit created as the case may be for the purpose of sanctioning and monitoring building and development activity, as applicable. Transferable Development Right (TDR) means an award specifying the built up area an owner of a site or plot can sell or dispose or utilize elsewhere, in lieu of surrendering land free of cost which is required to be set apart or affected for public purpose as per the Master Plan or in road widening or covered in recreational use zone, etc. The award is in the form of a TDR Certificate issued by the Competent Authority. Terms and expressions which are not defined in these Rules shall have the same meaning as in the respective rules/ regulations/ byelaws of the respective local authorities and as defined in the National Building Code as the case may be, unless the context otherwise requires. Collector Means the District Collector of the concerned District District Level TSbPASS Committee Means the District level Committee constituted by the Government under the provisions of Telangana Municipalities Act 2019 (J, K Added vide Amendment -I of GO Ms. No. 62 MA, dt: 21-03-2020) Restriction of Building Activity in the Vicinity of Certain Areas Water Bodies (i) No building/development activity shall be allowed in the bed of water bodies like river or nala and in the Full Tank Level (FTL) of any lake, pond, cheruvu or kuntashikam lands. Unless and otherwise stated, the area and the Full Tank Level (FTL) of a Lake/ Kunta shall be reckoned as measured and as certified by the Irrigation Department and Revenue Department.

(b)

(c)

(ii) The above water bodies and courses shall be maintained as Recreational/ Green Buffer Zone and no building activity shall be carried out within: (1) 50 m from the boundary of the River within the Municipal Corporation/ Municipality/ Nagara Panchayat/HMDA/ UDA limits. The boundary of the river shall be as fixed and certified by the Irrigation Department and Revenue Department. (Substituted vide Amendment -1 of GO. Ms. No. 7 MA, dt: 05-01-2016) (2) 30 m from the FTL boundary of Lakes/Tanks/Kuntas of area 10 Ha and above. (3) 9 m from the FTL boundary of Lakes/Tanks/Kuntas of area less than 10 Ha/ shikam lands; (4) 9 m from the defined boundary of Canal, Vagu, Nala, Storm Water Drain of width more than 10 m. (5) 2 m from the defined boundary of Canal, Vagu, Nala, Storm Water Drain of width up to 10 m. (iii) Unless and otherwise specified in the Master Plan/Zonal Development Plan. (1) In case of (ii) (1) & (2) above, the buffer zone may be utilised for road of minimum 12m width, wherever feasible. (2) In case of (ii) (2) above, in addition to development of recreational/ green belt along the foreshores, a ring road or promenade of minimum 12m may be developed, wherever feasible 12 feet walking/cycling track within the 30 M buffer strip may be provided. (Added vide Amendment -2 of GO Ms. No. 7 MA, dt: 05-01-2016) (3) The above buffer zone to be left may be reckoned as part of tot lot or organized open space and not for setback requirements. (iv) In case of Protection of Catchment area of Osmansagar and Himayatsagar lakes covered under the GO Ms. No. 111 MA dated 08.03.1996, the restrictions on building and development activity imposed there in shall be applicable in Hyderabad Metropolitan Development Authority (HMDA) area. (v) In case of areas along the Sea Coast, the Coastal Regulation Zone (CRZ) regulations shall be followed. Railways: In case of sites abutting to Railway property, NOC from Railway Authorities need not be insisted. However it will be the responsibility of the applicants to follow the applicable rules as prescribed by the Railway Authorities in their rules. (Substituted vide Amendment-4 of GO Ms. No. 7 MA Dt: 05-01-2016) Electrical Lines (i) In case of sites in the vicinity of High Tension Electricity Transmission Lines besides taking other safety precautions, a minimum safety distance (both vertical and horizontal) of 3m shall be maintained between the building and the High Tension Electricity Lines and 1.5m shall be maintained between the building and the Low Tension Electricity Lines. (ii) In case of Electricity Tower lines, the land all along below the tower line shall be developed as green belt to an extent of the width of tower base and on either side of green belt there shall be a minimum of 10m wide roads or as defined in the Master Plan. Wherever the road is not feasible below the HT line, green belt can be provided below the HT line and this will be in addition to 10% open space to be provided as per rules and for such cases, TDRs as applicable to road widening cases shall be given. (Added vide Amendment -3 of GO Ms. No. 7 MA, dt: 05-01-2016) 23

(d) Airport (i) Building Restrictions (1) For building activity within the Restricted Zone/Air Funnel Zone near the airport, necessary clearance from the concerned Airport Authority shall be obtained. (2) The building heights and other parameters shall be regulated as per the stipulations of the Airport Authority of India as notified in Gazette of India Extraordinary (S.O.1589) dated 30-06-2008 and as amended from time to time by Ministry of Civil Aviation, Government of India. (3) Irrespective of their distance from the aerodrome, even beyond 22km limit from the Aerodrome Reference Point, no radio masts or similar installation exceeding 152m in height shall be erected except with the prior clearance from Civil Aviation Authorities. (4) In respect of any land located within 1000m from the boundary of Military Airport no building is allowed except with prior clearance from the concerned airport authority with regard to building height permissible and safe distance to be maintained between the building and boundary of the aerodrome. (ii) Other Structures (1) No chimneys or smoke producing factories shall be constructed within a radius of 8 km from the Airport Reference Point. (2) Slaughter House, abattior, Butcheries, Meat shops and Solid Waste Disposal Sites and other areas for activities like depositing of garbage which may encourage collection of high flying birds, like eagles and hawks, shall not be permitted within 10 km from the Airport Reference Point. (3) Within a 5km radius of the Aerodrome Reference Point, every structure/installation/ building shall be designed so as to meet the pigeon/ bird proofing requirement of the Civil Aviation Authorities. Such requirement may stipulate the prohibition of any cavity, niche, or other opening on the exterior of such building/installation/ structure so as to prevent the nesting and habitation of pigeon or other birds. (e) Provisions laid under Environmental Impact Assessment Notification-2006: As per the provisions laid under the EIA Notification S.O.1533, Dt.14.09.2006 and its amendment dt.01.12.2009 issued by MOE&F, GOI and Notifications issued from time to time with reference to “Building/ Construction Projects/Area Development Projects and Townships” complying with the following threshold limits fall under category B and are required to obtain prior Environmental Clearance (EC) from State Environmental Impact Assessment Authority (SEIAA), Ministry of Environment and Forests, Government of India. Building/ Construction Projects/ Area Development Projects and Townships B Project / Activity Category with Conditions, if any threshold limit

8(a)

Buildings and Construction Projects

8(b)

Townships and Area Development Projects

≥ 20,000 sq.m and < 1,50,000sq.m of built up area #

# (Built up area for covered construction; in case of facilities open to the sky, it will be the activity area

Covering an area ++All Projects under ≥ 50 ha and or built Item 8(b) shall be up area ≥1,50,000 sq.m ++ appraised as Category B1

(f)

Defense Establishments: In case of sites abutting to Defence Establishments, NOC from Defence Authorities need not be insisted. However it will be the responsibility of the applicants to follow the applicable rules as prescribed by the Defence Authorities in their rules. (Substituted vide Amendment-4 of GO Ms. No. 7 MA Dt: 05-01-2016) (g) Oil/ Gas Pipelines : In case of Sites in the vicinity of Oil/ Gas pipelines, clearance distance and other stipulations of the Respective Authority shall be complied with. The Oil/ Gas Authorities shall also specify the clearances required stretch wise to Local Body. (h) Heritage Structures (i) In case of Sites located within the distance up to 100m from protected monuments as notified under Archeological Monuments and Ancient Sites and Remains Act 1955 and as amended no construction is allowed. (ii) For the Sites located within distance of above 100m and up to 200m from the protected monuments, the construction is allowed only after obtaining prior permission from the National Monument Authority (NMA). (iii) For the Sites located within the vicinity of any Heritage Structure notified as per the respective law, the prior clearance from the concerned authority shall be obtained. (iv) For the development/redevelopment of any notified Heritage Structure the stipulations as prescribed by the respective authority shall be followed. (i) Religious Structures (i) In case of Sites located within a radius of 100m from the notified religious structure as given in the list in Annexure–VII/notified from time to time, the construction is allowed up to 10m height only. However in case of Sri Raja Rajeswara Swamy Temple, Vemulawada, Karimnagar District the 10 meters height restrictions will be up to a distance of 1000 meters from the periphery of Temple premises. (Added vide GO Ms. No. 149 M.A & U.D Dept., dt. 24-05-2016) (ii) For the Sites located within a radius of above 100m and up to 300m from the notified religious structure as given in the list in Annexure – VII/ notified from time to time, only non high rise structures are allowed. (j) Special Regulations for Banjara Hills & Jubilee Hills Areas of Hyderabad (i) The following are the Special Regulations to maintain special characteristics of Banjara Hills and Jubilee Hills areas covered by Block 1 & 2, and part of Block No. 3 of Ward no. 8, of erstwhile Municipal Corporation of Hyderabad area of GHMC.

TABLE – I Sl.No. 1. 2.

Type of the Building

Maximum Height

Individual Residential Buildings/Apartment Complexes 15m (Including Stilt floor) Commercial / Institutional Buildings 15m

(ii) The building with height beyond 10m in these areas shall be permitted only if the plot abuts to a minimum of 12m wide road. (iii) In case of Jubilee Hills Co-operative House Building Society (the word "and Prashasan nagar Co-operative house building society layout was deleted vide GO MS No. 190 Dt : 08-05-2013") the height of the building is restricted to 10m excluding stilt with a maximum FAR of 1:1. (iv) In case of plots abutting Road No.1, 2 & 3 Banjara Hills and Road No.36 Jubilee Hills the building height shall be limited to 30m and further the said height relaxations are 25

allowed only on plots where the land owners have surrendered their land in the past or will surrender their land free of cost to Municipal Corporation for road widening. (v) The setbacks shall be followed as per Table-III of rule-5 and also parking & other requirement shall be as per these rules. (vi) In case of Prashasan Nagar Co-operative House Building Society Layout, Jubilee Hills the maximum permissible height of the building is 15 meters (including Stilt floor). However, no Group Housing/ Apartments are allowed in the said layout. (Added after (J) (V) vide amended vide GO Ms. No. 190 MA. dt. 08-05-2013) (vi) In case of plots abutting to the road existing all around KBR Park there would be no height restriction subject to conforming to abutting road width requirement and all round open spaces prescribed for High Rise Buildings and subject to handing over required land for road widening/ SRDP project of GHMC. (Added after the clause (V) vide Amendment-5 of GO Ms. No.7 MA, dt: 05-01-2016 as (VI)) (k) The Government, either on suo motu or on receipt of proposal from the Commissioner, Nagar Panchyat/ Municipality/ Corporation/ Housing Societies can restrict the height of the building and nature of construction in any particular area keeping the following aspects in view: ● Lack of infrastructure facilities. ● Environmental consideration. ● Heritage conservation. ● Undulating terrain and road formation. ● Obstruction of view of Historical and ancient monuments. ● Any other aspect involving public interest. (Added after (J) (V) as Rule 3(K) vide GO Ms. No. 469 MA & UD Department, dt: 18.11.2013) 4. Requirement of Approach Road for Building Sites/ Plots: (a) The minimum abutting existing road width required for various uses of building activities shall be as given below.

TABLE – II Category A

B B1

Type / Use of Building Plot permissible

SITES IN OLD/ EXISTING BUILT-UP AREAS/ CONGESTED AREAS/ SETTLEMENT/GRAM KHANTAM/ ABADI (see Annexure-I) All Residential (other than Group Housing) & Commercial Buildings with maximum permissible height of 10m. For other categories the Minimum road width shall be as given in B1 Category

Minimum abutting existing road width required (in meters)

SITES IN NEW AREAS/ APPROVED LAYOUT AREAS Non-High Rise (Residential) Buildings including Group Housing (Cellar and/ or Stilt as permissible + maximum up to 5 floors), Basic level social amenities like Nursery/ Primary School/ Religious Place/ Clinic/ Dispensary/ Diagnostic Laboratory.

9 **

(b)

(c)

(d) (e)

(f) (g)

5. (a) (b)

High Rise Buildings/ Complexes up to height of 24 meters, Non High Rise Group Housing (Cellars as applicable + 6 floors),Group Housing with more than 100units, Group Development Scheme; Middle school/Tutorial institution/ General Industry/ Godown/ Petrol/ Diesel/ Gas Filling Station; High School,Junior College/Commercial Complex, Computer units/Office Building, ITES Complex, Nursing Home/ Hospital of not more than 20 beds/ Community Hall/ Function/Marriage Hall/ Assembly Hall/ Cinema Theater; Service establishment/ Workshop; Others not specified in the Table and all Non High-Rise buildings up to 18m height General Degree and other non-professional College/ Polytechnic, ITI; Professional College Campus; Multiplex Complexes, Shopping Malls (above 4000sq.m),Hospitals of more than 20 beds and all High-Rise buildings above 24m and up to 30m height All High Rise Building above 30 meters will be permitted as per the Minimum Road width and setbacks as specified in Table-IV of rule-7

*In case of Sites in Category-A, if a Site is abutting to a road which is less than 9m in width, a building may be permitted with a maximum height of 10m in such site, after leaving 4.5m from the Centre Line of such road for widening and the same shall be handed over to the Local Body and shall leave the prescribed setback as per Table-III after the said road widening portion. No relaxations are permissible in such cases. **In case of Sites in Category-B, if a Site is abutting to a road which is less than 9m in width, Individual Residential Building may be permitted with a maximum height of 12m, after leaving 4.5m from the Centre Line of such road for widening and the same shall be handed over to the Local Body and shall leave the prescribed setback as per Table-III of rule-5 after the said road widening portion. No relaxations are permissible in such cases. In case of Notified Slums/ Economically Weaker Section (EWS) Buildings, the special regulations as notified by the Government from time to time shall be followed. The sites in old/ Existing Built-up Areas/Congested Areas/Settlement/ Gram Khantam/ Abadi (Annexure-I) and List of Areas Prohibited for High-Rise Buildings (Annexure-II) shall be notified by the Local Bodies in consultation with the Competent Authority. The Government may add to or delete from the list of the said areas. In case of single plot sub-division approved by the competent authority, a means of independent access of minimum 3.6m pathway may be considered for Individual Residential Building and 6m for Non-High-Rise Group Housing Building. In case of other than individual residential buildings, the approach road shall be BT/CC surface and in case, the existing road is not BT/CC the applicant shall form the same before issue of Occupancy Certificate. (Added after sub rule (f) as per Amendment-3 vide GO Ms. No. 50 MA., Dated: 22-04-2019) Permissible Setbacks & Height Stipulations for all types of Non-High Rise Buildings: (Buildings below 18m in height inclusive of Stilt/ Parking Floor): The height of buildings permissible in a given site/ plot shall be subject to restrictions given in Annexure-I to II. The minimum setbacks and permissible height as per Table - III and other conditions stipulated below shall be followed. 27

TABLE – III Building Line or Minimum Front Setback to be left (in m) Sl. No

Plot Size (in sq.m) Above-Up to

Parking Provision

Height (in m) Up to Premissible 12m to

Abutting Road Width Above Above Above 12m & 18m & 24m & up to up to up to 18m

24m

30m

Minimum setbacks

Above 30m

on remaining sides (in.m)

Less than 50

Stilt floor

1.5

50-100

Stilt floor

7 10

1.5 1.5

3 3

0.5

100 - 200

Stilt floor

1.5

1.0

200 - 300

Stilt floor

7 10

2 2

3 3

4 5

5 6

1.0 1.5

300 - 400

Stilt floor

7 12

3 3

4 4

5 5

6 6

7.5 7.5

1.5 2.0

400 - 500

Stilt floor

7 12

3 3

4 4

5 5

6 6

7.5 7.5

2.0 2.5

* 500 - 750

Stilt floor

7 12 15

3 3 3

4 4 4

5 5 5

6 6 6

7.5 7.5 7.5

2.5 3.0 3.5

750 - 1000

Stilt + One Cellar floor

7 12 15

3 3 3

4 4 4

5 5 5

6 6 6

7.5 7.5 7.5

3.0 3.5 4.0

1000 - 1500

Stilt + 2 Cellar floors

7 12 15 18**

3 3 3 3

4 4 4 4

5 5 5 5

6 6 6 6

7.5 7.5 7.5 7.5

3.5 4.0 5.0 6.0

1500 - 2500

Stilt + 2 Cellar floors

7 15 18**

3 3 3

4 4 4

5 5 5

6 6 6

7.5 7.5 7.5

4.0 5.0 6.0

Above 2500

Stilt + 2 or more Cellar floors

7 15 18**

3 3 3

4 4 4

5 5 5

6 6 6

7.5 7.5 7.5

5.0 6.0 7.0

Column-3 (viz; Parking Provisions) against Rows 1, 2, 3 plot sizes less than 50 sqmts, 50-100, 100-200 added vide Amendment -6 of GO Ms. No. 7 MA Dt: 05-01-2016) (c) Stilt Floor meant for parking is excluded from the permissible height in the above Table. 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 4.50 m. ‘Stilt Floor shall be exclusively utilized for parking purpose only and in case of any violation or construction in the parking area the local authority shall summarily demolish the constructions made in the parking area and impose maximum penalties as per law’. (Added vide Amendment-7 of GO Ms. No.7 MA Dt: 05-01-2016) (d) *In case of commercial 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 of rule-13 and feasibility on ground. 28

(e) (f)

**Buildings of height above 15m and below 18m in Sl.Nos.9, 10 and 11 above, shall be permitted only if such plots abut minimum 12m wide roads only. Other conditions: (i) The setbacks are to be left after leaving the affected area of the plot/ site, if any, for road widening. (ii) Where a site abuts more than one road, then the front setback should be insisted towards the bigger road width and for the remaining side or sides, the setback as at Column-10 shall be insisted. In case of individual residential buildings the option is given to the applicant to propose front setback on one of the roads. In such case he shall not have access from the other side/sides. On the other side/ sides the applicant can leave the setback either as per the required front setback based on the road width or to provide the side setback as given in Column-10. (iii) A strip of at least 1m greenery/ lawn along the frontage of the site within the front setback shall be developed and maintained with greenery. (iv) For Plots above 300sq.m in addition to (iii) above, a minimum 1m wide continuous green planting strip in the periphery on remaining sides are required to be developed and maintained within the setback. (v) For all residential/institutional/industrial plots above 750sq.m, in addition to (iii) and (iv) above, 5% of the site area to be developed as organized open space and be utilized as greenery, tot lot or soft landscaping etc., and shall be provided over and above the mandatory setbacks. Such organized open space could be in more than one location and shall be of a minimum width of 3m with a minimum area of 15sq.m at each location. (vi) If the strip of greenery/ lawn and the organized open space (tot lot) are not maintained, 10% of additional Property Tax every year would be imposed as penalty by the Sanctioning Authority till the condition is fulfilled. (vii) In all plots 750sq.m and above, provision shall be made for earmarking an area of 3m X 3m for the purpose of setting of public utilities like distribution transformer, etc. within the owner’s site subject to mandated public safety requirements. (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 without exceeding overall 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. (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 to 10m and minimum of 2m in case of buildings of height above 10m and up to 15m without exceeding overall permissible plinth area. (This Rule shall not be applicable for made-up plots). (xi) Where the lighting and ventilation of a building is through the means of a chowk or inner courtyard or interior open space/ duct, such open space shall be open to sky and of area at least 9sq.m and no side shall be less than 2m. Such open spaces / ducts may be allowed above stilt floor. 29

(xii) The space between 2 blocks shall not be less than the side setback of the tallest block as mentioned in Table - III and this shall not be considered for organised open space (tot lot). (xiii) Where all the owners of sites along an abutting road come forward for widening of the road by undertaking preparation of a Road Development Plan which would improve circulation in the area and duly approved by the competent authority, and by leaving the area affected in the widening of such road free of cost and implement it within one year, then higher height of the corresponding widened road width would be considered for such sites. (xiv) Splay at road junctions, including ‘Y’ junctions shall be provided as follows. The area of such splay would be deemed to form part of the road junction. Sl.No

Road Width (in m)

Splay/ Offset (in m)

1 2 3

Less than 12 Above 12 up to 24 Above 24

3X3 4.5 X 4.5 6X6

(xv)

As per the provisions of the Telangana Fire Service Act, 1999, Residential buildings of height more than 18 m, Commercial buildings of height 15m and above and buildings of public congregation like Educational Buildings, Cinema Theatres, Function Halls and other Assembly Buildings on plot area of 500Sq.m. and above or of height above 6m are required to obtain prior clearance from Andhra Pradesh State Disasters Response & Fire Services Department from fire safety point of view. (xvi) Stepped type buildings or incremental type buildings may be allowed only in respect of individual residential or educational/ institutional buildings and such incremental development would be considered only after a minimum time period of 5 years. (xvii) For the purpose of these Rules, the following conversion from M.K.S. and F.P.S. system shall be reckoned for the road widths only: (1) 3m = 10 ft (5) 12m = 40 ft (9) 30m = 100 ft

(2) 6m = 20 ft (6) 15m = 50 ft (10) 45m = 150 ft

(3) 7.5m = 25 ft (4) 9m = 30 ft (7) 18m = 60 ft (8) 24m = 80 ft (11) 60m = 200 ft.

(xviii) All building applications for sanction of building permission for construction of above 10m height shall be accompanied with the following details: (a) Report of Soil Test/Geo-technical Investigation Report issued after personal inspection by Institution/Consultant empanelled with/ licenced by the local authority. (b) Structural designs and drawings prepared duly taking the soil bearing capacity into consideration and certified by qualified Structural Engineer/ Consultant Firm empanelled with/ licenced by the local authority. The Structural Engineer/ Consultant Firm is held responsible for defect in the design. (c) Building Plan and Application shall be invariably signed by the owner of the property, builder if any, the Architect and the Structural Engineer who designed the structure. They shall give their present and permanent addresses. (d) If the construction is being taken up by a builder, an attested copy of the registered agreement entered between the owner of the property and the builder shall be submitted. In case of any changes in the agreement at a later date, a copy of the same shall also be submitted to the local authority. 30

(e)

An undertaking on a Stamp Paper of Rs.100/-duly signed by the owner and builder specifying that no flat or built-up area shall be given possession to the purchaser/ tenant unless they obtain the occupancy certificate from the local authority and provide all regular service connections.

(f)

Contractor/ Builders/ Developer/ Owner shall submit All Risks Insurance Policy for the construction period.

Restrictions on Projections in Mandatory open Spaces: The following are the Restrictions on Projections in the mandatory open spaces/ setbacks/ interior open spaces:

(a)

Cornice, Chajjas/ weather shades only of width not exceeding 60cm shall be allowed in the mandatory setbacks.

(b)

No balcony projections or corridor shall be permitted projecting within the mandatory open spaces/ setbacks in case of non-high rise buildings. These, if provided for, shall be set back as per the minimum mandatory open spaces and the setbacks shall be clear from the edge of the balcony or corridor. However, a Portico or Canopy without access to the top may be considered in the front open space.

(c)

In case of Individual Residential Building in plots more than 300sq.m: (i)

In the front setback only a security guard booth of 2sq.m is allowed.

(ii) Septic tank, well may be allowed in the rear and side open spaces. (iii) A setback of at least 1m from the property or boundary line of the plot shall be provided for these structures. (iv) Parking sheds, generator room may be allowed in the rear and side open Spaces. (v)

The height of these accessory buildings shall not be more than 2.5m and shall not occupy more than 1/4th of the plot width. These shall be so located that they do not hinder the fire safety measures and operations.

Requirements for High Rise Buildings:

(a)

High Rise Buildings/ Complexes (i)

High Rise Buildings/Complexes shall be permissible only in areas other than those given in Annexure -I & II.

(ii) The minimum size of plot for High Rise building shall be 2000sq.m. (iii) In respect of sites proposed for high rise buildings and affected in road widening where there is shortfall of the net plot size, up to 10% of such shortfall in net plot area would be considered with the proposed height and corresponding minimum all round setbacks. (iv) Every application to construct or reconstruct a High Rise building or alteration to existing High Rise building shall be made in the prescribed form and accompanied by detailed plans, floor plans of all floors along with complete set of structural drawings and detailed specifications duly certified by a qualified licenced structural engineer. (v)

Prior Clearance from Airport Authority: For any High Rise Building located in the vicinity of airports as given in the National Building Code, the maximum height of such building shall be decided in consultation with the Airport Authority and shall be regulated by their rules/requirements.

(vi) Prior No Objection Certificate (NOC) from the Telangana State Disasters Response & Fire Services Department: For all High Rise Buildings prior No objection Certificate (NOC) from the Telangana Disasters Response & Fire Services Department shall be obtained and copy of the approved plan and No Objection Certificate (NOC) issued by the said department shall be enclosed along with the building application. 31

(vii) In every high rise building site, an organized open space shall be utilized as greenery, tot lot or soft landscaping, etc. shall be provided over and above the mandatory setbacks to be left in and around the building. This space shall be at least 10% of total site area at ground level open to sky and shall be a minimum width of 3m. This may be in one or more pockets with minimum area of 50sq.m at each location. (viii) In addition to the above a minimum of 2m wide green planting strip in the periphery on all sides within the setbacks where the setback is 9.00 M and above has to be developed and maintained. (Sub Rule (Viii) is Substituted vide Amendment -8 of G.O.Ms. No.7 MA Dt : 05-01-2016) (ix) Buildings abutting major road of 30m and above width shall be permitted only after providing black-topped service roads of minimum 7m width with minimum 2 Lane carriageway with in the defined right of way. It will be the responsibility of the developer/ builder/ owner to provide the above service road of the standards fixed by the Sanctioning Authority at his own cost. The Sanctioning Authority may consider sanctioning building permission if the developer/ builder/ owner deposits the full cost for laying such service road to the Sanctioning Authority. The amount so levied and collected shall be maintained in a separate exclusive account by the Sanctioning Authority and utilized only for this purpose. (x) The minimum abutting road width and all round open space/ setback for High Rise Building/ Complex shall be as follows:

TABLE – IV Height of building (in meters)

Minimum abutting road width required (in meters)

Side and rear open spaces to be left around building in mts

above Up to (1) (2) (3) (4) 21 12 7 21 24 12 8 24 27 18 9 27 30 18 10 30 35 24 11 35 40 24 12 40 45 24 13 45 50 30 14 50 55 30 16 55 70 30 17 70 120 30 18 Above 120 30 20 Note : ★ Where rooms do not derive height and ventilation from the exterior open space, the width of such exterior open space as given in Col.4 may be reduced by 1 m subject to a minimum of 3 m and a maximum of 8 m. No further projections shall be permitted. (Table-IV is Substituted vide Amendment -6 in GO Ms. No. 50 MA., Dated: 22-04-2019) (xi) The front open space shall be on the basis of the abutting road width and shall be either as given in Col. 4 of above Table - IV or the Building Line given in Table - III of rule-5 whichever is higher. 32

(b)

(c)

(d)

(e)

8. (a) (b) (c)

(d)

(xii) The open space to be left between two blocks shall be equivalent to the open space mentioned in Col. 4 of above Table – IV and this shall not be considered for organized open space (Tot lot). (xiii) In case of high rise buildings up to 30m height, it is permitted to transfer up to 2m of setback from one side to the other side, which needs to be uniform at any given point, subject to maintaining of minimum setback of 7m on all sides subject to not exceeding the permissible/ allowable plinth area. (xiv) The balcony projection of up to 2m may be allowed projecting onto the open spaces for upper floors from 6m height onwards. (xv) Where the lighting and ventilation of a building is through the means of a chowk or inner courtyard or interior open space/duct, such open space shall be open to sky and area of at least 25 sq.m and no side shall be less than 3m. (xvi) Where parking floors are provided above ground floor, the height of the parking floors shall be excluded while reckoning the height of the building for the purpose of deciding the setbacks as per the Table IV. (After Sub Rule (XV) Added vide Amendment-9 of GO Ms. No.7 MA, dt: 05-01-2016) Tower and Podium Type Building: (i) Height of the building shall be allowed up to 50m. (ii) For Podium, i.e., Ground plus first floor: alround setbacks shall be 7m. (iii) For Tower block: The coverage and alround setbacks shall be minimum 50 % of the Podium Block, and shall be atleast 3m from the Podium edge on all sides, (iv) The fire safety and fire escape measures for the Tower Block shall be independent of the Podium Block. Stepped Type or Pyramidal Type Building: Such type of High Rise Building blocks may be allowed for heights above 30m with the following open space requirements: (i) At Ground level: Minimum 9m all round open space for the first five floors. (ii) At Upper floors: Increase of 1m all round open space or more, for every 5 upper floors or 15m height or part thereof, over and above the ground level open space of minimum 9m. Multiplex Complexes: In case of Multiplex Complexes, “The Telangana Rules for Construction and Regulation of Multiplex Complexes, 2007” issued vide GO Ms.No. 486, Dt.07.07.2007 shall be followed (Annexure-III). Hospital Buildings with more than 30m height : In case of Hospital Buildings with more than 30m height, “The Telangana Fire Prevention and Safety measures in High Rise Hospital Buildings (above 30m height) Rules 2011” issued vide GO Ms.No.2, Dt.03.01.2011 shall be followed (Annexure-IV) Group Development Schemes: The minimum site/ plot area shall be 4000sq.m. The minimum abutting existing road width shall be 12m and black topped. If the site is not abutting to an existing road, the proposals should be promoted with the immediate improvement of the accessibility of the site from the nearest main road by way of an approved Road Development Plan by the Competent Authority with a minimum width of 12m which should be implemented by the Licenced Developer within a period of three years. Group Development Schemes shall be considered where the site is developed together with construction of building and all amenities and facilities and not disposed as open plots. 33

(e)

All such applications shall in addition to the requirements under these Rules be accompanied by the provisional plans of. (i) A Services and Utilities Plan as per standards for water supply system, drainage and storm water disposal system, sewerage system, rain water harvesting structures, and for other utilities. (ii) A Landscaping plan including rain water harvesting/ water recycling details. (iii) Parking & Internal Circulation Plan along with common pool parking area plan, if any. (f) The above shall be drawn to suitable scale with relevant details. (g) Minimum of 10% of site area shall be earmarked for organised open space and be utilised as greenery, tot lot or soft landscaping, etc. and shall be provided over and above the mandatory setbacks. Such open space shall be open to sky with a minimum width of 3m. This may be in one or more pockets with minimum area of 50 sq.m at each location. (h) No additional or proportionate open space charges need to be levied in such schemes. (i) These shall not be applicable in case of Government sponsored Housing Scheme/ approved Non Government Organisations (NGOs) or private schemes, and the guidelines and requirements as given in the National Building Code for Low Cost Housing/ Government orders shall be followed. (j) The Building setbacks shall be as per the type of housing & requirements given above for the said type of housing and as per Table- III of rule-5 and Table– IV of rule-7. The open space to be left between two blocks also shall be equivalent to the setback mentioned in Column -10 of Table-III of rule-5 and Column - 4 of Table- IV of rule-7 as the case may be. (k) A thorough public access road of 12 m width with 2-lane black-topped is to be developed within the applicant’s site on any one side at the periphery/ as per suitability and feasibility for the convenience of accessibility of other sites and lands located in the interior. This condition would not apply if there is an existing abutting peripheral road on any side. Concessions applicable to road widening cases i.e., grant of TDR/ setback relaxations/ additional floors shall be considered by the Competent Authority/ Sanctioning Authority in lieu of providing the above said road. (Sub Rule 8 (k) is Substituted vide Amendment -10 of GO Ms. No. 7 MA, dt: 05-01-2016) (l) In case of blocks up to 12m height, access through pathways of 6m width branching out from the internal roads/ loop road would be allowed. All internal roads and pathways shall be developed with good design, practices, good built environment and standards. (m) Road requirements: ● 9 m to 18 m for main internal approach roads; ● 9 m for other internal roads and also for looped roads. ● 8 m for cul-de-sacs roads (with a minimum radius 9m.) between 50-100 m length. (n) 10% of the site area earmarked for organized open space shall be handed over to local body at free of cost through a registered gift deed before issue of occupancy certificate and same shall be utilized as such by the respective resident society/ association only. For this purpose the society/ association may enter into an agreement with the local authority for utilizing, managing and maintaining the open spaces. (Sub Rule 8(n) is Substituted vide Amendment-11 of GO Ms. No. 7 MA, dt: 05-01-2016) 9. Row Type Housing/ Row Type Shopping Precincts: (a) Row Houses shall abut internal roads only. (b) Minimum site area shall be not less than 1000 sq.m. (c) Minimum size of individual plot shall be 50 sq.m.

(d) (e) (f)

Maximum plot size shall be 125 sq.m. Number of plots in a row shall not be more than 8. Separation between two blocks shall not be less than 6 m which may be an open space or an alley/ pedestrian plaza. (g) Only internal staircase is allowed. (h) Minimum width of internal roads: 9 m. (i) Internal cul-de-sac road 6 m with maximum length 50m is allowed. (j) Minimum open space : 10 % of site area. (k) Height permissible: i. Ground + 1 floor or 7 m in plot area up to 100 sq.m. ii. Ground + 2 floors or 10 m in plot area of above 100 sq.m. (l) Minimum setbacks: Front 3 m ; Rear 1.5 m. (m) The setbacks in a row can be interchangeable. (n) In case of row type shopping precincts, back to back shops with above front setback of 3m would be allowed. (o) In case of very large projects more than 5 acres, common amenities and facilities like shopping center, community hall/ club house etc. are required to be provided in minimum 5 % of the site area. (p) In case of Row Type Shopping Precincts, common basement parking in one or more levels would be permissible subject to conditions mentioned in Rule -13. 10. Cluster Housing (a) Minimum site area shall be not less than 1000 sq.m. (b) Minimum plot size 25 sq.m with maximum number of 20 houses in a cluster. (c) Minimum size of cluster open space 36 sq.m with a minimum width of 6 m. (d) Height permissible 2 floors or 6 m. (e) Minimum access road 9 m. (f) Internal access may be through pedestrian paths of 6m. (g) Minimum space between two clusters shall be 6m which may be utilised as pathway/ alley. (h) Building setbacks: No setbacks are needed for interior clusters as the lighting and ventilation is either from the central open space of cluster and the surrounding pedestrian pathway/ access road of the cluster. However, interior courtyards may be provided for larger plots and building areas to facilitate lighting and ventilation. For end clusters sides that are abutting peripheral thoroughfare roads or property boundary, setback/building line shall be as per Table– III of rule-5. (i) In case of very large projects more than 5 acres, common amenities and facilities like shopping center, community hall/ club house etc. are required to be provided in minimum 5 % of the site area. 11. Payment of Shelter Fee: (i) In case of Group Housing/ Group Development Schemes whose land extent is more than 3000 Sq.Mtrs, shelter fee shall be collected as given below. This facility will be applicable to ongoing projects also, if the developer/ builder opts for it: Area Rate per Sq. Meter Greater Hyderabad Municipal Corporation, Hyderabad Rs. 750 Other Municipal Corporations Rs. 600 Selection & Special Grade Municipalities Rs. 500 Other Municipalities, Nagarpanchayats and other Rural Rs. 400 Local Bodies falling in HMDA area/UDA area/Master Plan Areas. 35

(ii) The shelter fee shall be collected on 20% of total site area of the project. (iii) The shelter fee so collected shall be utilized for construction of EWS housing under Urban Housing Scheme meant for EWS categories (2 bed room houses) for which a separate account shall be maintained by the local body/Hyderabad Metropolitan Development Authority/ UDAs. (Rule-11 is Substituted vide Amendment -12 of GO Ms. No. 7 MA, dt: 05-01-2016 duly deleting the provision for EWS/LIG housing catagory) 12. Buildings with Central Courtyard for Commercial Use: (a) ‘U’ type commercial buildings with central courtyard are allowed with a minimum plot area of 1000 sq.mtr with the following conditions: (Sub Rule (a) is Substituted vide Amendment -13 of GO Ms. No. 7MA, dt: 05-01-2016) (b) The Front setback shall be as per Table-III of rule-5 & Table-IV of rule-7 for Non High Rise & High Rise buildings respectively. (c) The minimum open space/setback on sides and rear except front, shall be (i) 2m for building height up to 15 m; (ii) 3m for building height up to 18 m; (iii) 7m in case of high rise buildings up to 30m height and buildings coming under purview of Telangana Fire Services Act-1999. (d) The area so saved is transferred to the central area/ space or court yard; (e) The depth of such courtyard shall be at least 50% of the average building depth and the minimum width shall be 10 m. 13. Parking Requirements (a) In all Buildings provision shall be made for parking spaces as per the following requirements:

TABLE – V Parking area to be provided as percentage of total built up area HMDA Area

All Municipal Corporations & UDA Areas

Municipalities/ N.Ps/ G.Ps. other than UDA areas

Sl. No.

Category of building/ activity

GHMC

(1) 1

(2)

(3) 60

(4) 50

(5) 60

(6) 50

(7) 60

(8) 50

Multiplexes Shopping Malls (above 4000 sq.m), Information Technology Enabling Services Complexes Hotels, Restaurants, Lodges, Cinema halls, Business buildings, Other Commercial buildings, Kalyana Mandapams, Offices, & High-Rise Buildings/ Complexes of Non Residential Category Residential Apartment Complexes, Hospitals, Institutional buildings, Industrial buildings, Schools, Colleges, Other Educational Buildings & Godowns & Others

MuniciAll MuniciSelection other palities/ Municipal palities/ & Special MunicipaN.Ps/G.Ps. Corpora- N.Ps/G.Ps. Grade lities in HMDA tion in UDA Munici- N.P.s/G.Ps Area Areas palites

(b) The parking spaces may be provided in (i) Basements or cellars (one or more)/ multi-level (allowed for plots 750 sq.m and above only) or (ii) Stilt floor or in upper floors (at any level) or (iii) The Open space over and above the setbacks i.e. after leaving the setbacks to be left around the building with adequate vehicular access, aisle, drives, ramps required for maneuvering of vehicles, or (iv) Common pool parking area (in the case of Group Housing Scheme/ Cluster Housing/ Row Housing Schemes). (v) Any of the above or all the above or combination of the above. (vi) Wherever Mechanical system and car lifts are proposed enabling two tier parking, the required parking is computed accordingly. (c) The other aspects for providing parking spaces are: (i) Misuse of the area specified for parking of vehicles for any other use shall be summarily demolished/ removed by the Enforcement Authority. (ii) The parking spaces should be efficiently designed and clearly marked and provided with adequate access, aisle, drives and ramps required for maneuvering of vehicles. (iii) Cellar floor shall be used only for parking and not for any habitation purpose. There shall be ventilation to cellars with not less than 2.5% of each cellar floor area. (iv) In respect of Apartment Complexes/Building/Block of residential nature, in sites up to 750sq.m the Parking requirement shall be deemed to be met if the entire stilt floor is left for parking. (v) Common and Continuous cellar parking floors between adjoining buildings would be allowed depending upon structural safety aspects, mutual agreement between owners, etc. (vi) In the Stilt floor a watchman room and 2 toilets (W.C), with maximum built up area of 25 sq.m may be allowed. Such space shall not be disposed and shall be part of common facility of the complex. For the sites above 750 sq.m area it is permitted subject to fulfillment of parking requirement as per Table-V. “Fire Command Centre with a built up area of not more than 20 sq. mtrs may be allowed in the Stilt floor subject to meeting the required parking norms i.e., without effecting the net parking requirement”. (Added vide Amendment GO Ms.No. 209 MA., Dated: 16-07-2019) (vii) For parking spaces in basements and upper floors, at least two ramps of minimum 3.6m width or one ramp of minimum 5.4 m width and adequate slope 1 in 8 shall be provided. Such ramps shall not be allowed in mandatory setbacks including building line, however they may be permitted in the side and rear setbacks after leaving minimum 7 m of setback for movement of fire-fighting vehicles. Access to these may also be accomplished through provisions of mechanical lifts. (viii) The minimum width of the drive way shall be 4.5 m. (ix) In case where the permissible set back is less than 4.6 m the pillars position in stilt floor shall be so designed that there shall be clear space of 3.6 m (excluding Greenery) is available for movement of vehicles. (x) Cellar shall be with a setback of at least 1.5 m in the sites of extent of up to 1000 sq.m, 2 m in the sites of extent of more than 1000 sq.m and up to 2000 sq.m, and 3 m in the sites of extent of more than 2000 sq.m from the property line. In case of more 37

than one cellar, 0.5 m additional setback for every additional cellar floor shall be insisted. (xi) Up to 10% of cellar may be utilised for utilities and non-habitation purpose like A/C Plant room, Generator room, Sewerage Treatment Plant (STP), Electrical installations, Laundry, etc, (xii) Visitors’ parking shall be provided with minimum 10% of the parking area mentioned in Table-V and may be accommodated in the mandatory setbacks other than front setback where ever such setbacks are more than 6m (excluding green strip).How ever this is not permissible in case of transfer of setback.The Visitors’ Parking facility shall be open to all visitors which shall be properly demarcated on ground. 14. Encouragement For Provision Of Parking Complexes: To encourage parking complexes, Parking lots and enclaves, owners who develop parking complexes/parking lots, the following incentives would be considered: (a) Equivalent built up area of such Parking Complex/or area of Parking lot as the case may be would be considered as Transferable Development Right by the Competent Authority. (b) In an existing area/ locality where an owner or two or more owners come together and develop combined or Common Parking Complex, Pedestrian Plaza/ Subway, or improve/ facilitate additional access by linking with surrounding roads etc for public usage are provided, as part of their premises/ land development/improving the urban design aspects, additional bonus built up area/ Transferable Development Right (TDR) would be considered by the sanctioning authority. (c) The setbacks for Parking Complexes shall be as follows: front setback–as per building line in Table-III of rule-5. Setbacks on remaining sides –50% of setbacks given in Table-III of rule-5. (d) No fees and other charges shall be charged by the Sanctioning Authority for the area/ floors developed as Parking Complex/ Parking lot; (e) A moratorium on property tax for 5 years would be considered; (f) For the next 5 years – Property Tax shall be levied on the lowest slab of residential category. (g) Such parking complexes may be permitted along main commercial roads, City Centers, close to Bus Stations, Railway Stations and any Public Transport System so as to encourage parking facility, etc. Access to these parking spaces in such Complexes may be accomplished through provision of mechanical lifts. Such areas may be identified by the sanctioning authority and notified to public every year. 14-A Encouragement For Amalgamation Of Plots In Old City/ Congested Areas: To encourage amalgamation of plots in old city/ congested areas/slums, the following incentives would be considered by the Competent Authority subject to condition that the maximum plot size before amalgamation shall be 100 Sq.Mtr and minimum plot size after amalgamation shall be 300 Sq.Mtrs. (a) One additional floor or TDR equivalent to one additional floor, And (b) 75% discount in building permit fee in slums and 50% discount in congested/old city areas. (Rule -14 (A) is Added vide Amedment -14 of GO Ms.No. 7 MA, dt: 05-01-2016) 15. Compliance of National Building Code Provisions for Amenities and Facilities in all Buildings (a) Non High Rise Buildings (i) The building requirements and standards other than heights and setbacks specified in the National building code 2016 shall be complied with. However for ventilation of rooms the IGBC (Indian Green Building Council) Green homes norms will be followed. (Sub Rule (a) (i) is Substituted vide Amendment-1 GO Ms. No.50 MA., Dated: 22-04-2019) 38

(ii) Such buildings shall be undertaken by owners by engaging registered architect, licensed builders/developers and licenced structural engineers. The designs and building plans shall be countersigned by the owner, licensed developer, registered architect, licenced engineer and a qualified & licensed Structural Engineer who shall be responsible for the supervision, structural safety, fire safety and specifications compliance of such buildings. (iii) The work of the building services like sanitation, plumbing, fire safety requirements, lifts, electrical installations, and other utility services shall be executed under the planning, design and supervision of qualified and competent technical personnel. (iv) The parking requirements shall comply as given in these rules. The parking facilities and vehicles driveways etc. shall be maintained to the satisfaction of the Sanctioning Authority. (v) All Public and Semi-Public Buildings and Institutional Buildings shall be designed and constructed to provide facilities to the Specially Enabled Persons as prescribed in the National Building Code of India as given in Annexure – V. (vi) In all Buildings, the requirements of parts of the building like size and area requirements of habitable rooms, kitchen, bathrooms and Water closets, other areas, corridor and staircase widths, service ducts, etc. shall conform to the National Building Code of India. (vii) Rain Water Harvesting Structures shall be provided as given in GO Ms.No.350 MA, Dated. 09.06.2000 (Annexure-VI). (viii) Provisions of the Telangana Water, Land and Trees Act, 2002 shall be complied in such sites and schemes where ever applicable. “Minimum number of trees to be planted for different categories of building shall be as given below : Residential areas: Every household having above 100 square meters area shall plant at least small or medium variety tress in their premises as specified below : 101 to 200 Sq.mts 5 trees 201 to 300 Sq.mts 10 trees 301 Sq.mts and above 10 trees plus 5 trees for every increase of 100 Sq.mts Commercial/ Institutional areas: Commercial establishments shall plant trees as specified below:Plot Area Below 200 square meters 201 to 500 square meters 501 to 1000 square meters Above 1001 square meters

No. of Trees 2 4 6 6 Trees plus 2 trees for every increase of 100 sq.mts

Industrial areas: In industrial areas trees shall be planted as per the norms of the State Pollution Control Board. When the owner or occupier of any land fails to plant the trees, the Commissioner, Greater Hyderabad Municipal Corporation shall take necessary action for planting the trees and recover the expenditure incurred thereon as arrears of property tax’. (Added vide Amendment -1 GO No.228 Dated: 01-09-2016) (ix) Buildings shall be designed for compliance with earth quake resistance and resisting other natural hazards. The Completion notice (completion certificate word substituted 39

with compliation notice as per GO MS No. 172 Dt: 3-6-2016) shall mention that the norms have been followed in the design and construction of buildings for making the buildings resistant to earthquake, compliance with structural safety and fire safety requirements. (x) In case of Group Housing Buildings where there are 100 units and above, upto 3% of the total built up area (or) 50,000 Sft, whichever is lower shall be planned and developed for common amenities and facilities like convenient shopping, committee hall/ club house, crèche, gymnasium etc., as per National Building Code of India (NBC)-2005. Amenities block shall not be part of the residential blocks. However in case of single apartment block, amenities can be provided in the same block. (15 (x) is Substituted vide Amendment -15 of GO Ms. No.7 MA Dt: 05-01-2016) (xi) In case of Group Housing Buildings where there are 100 units and above, buildings proposed for Nursing Homes, Hospitals and Hotels provision for Solar Water Heating System and Solar Lighting System in the building and in the site for outdoor lighting, etc. shall be made and the applicant shall give a bank guarantee to this effect to the sanctioning authority for compliance of the same. (xii) In case of Group Housing Buildings where there are 100 units and above, Nursing Homes, Hospitals and Hotels provision for Recycling of Water shall be made. (xiii) Swimming pools may be allowed on terraces subject to compliance of safety norms including structural and fire safety and conditions as imposed under the building permission. (Sub Rule (xiii) is Added vide Amendment -2 GO Ms.No. 50 MA., Dated: 22-04-2019) (b) High Rise Buildings: in addition to the above the following conditions shall also be complied with (i) In addition to the required staircases and lifts, there shall be at least one fire escape staircase and lift.These staircases and lifts shall be got certified from the manufacturer’s authorized service technical personnel from time to time. (ii) Such buildings shall be undertaken by owners by engaging registered architect, licensed builders/developers and licensed structural engineers. The designs and building plans shall be countersigned by the owner, licensed developer, registered architect, licensed engineer and a qualified & licensed Structural Engineer who shall be responsible for the supervision, structural safety, fire safety and specifications compliance of such buildings. (iii) Provision for power generator shall be made. (iv) These buildings shall be planned, designed and constructed to ensure fire safety requirements are met and maintained and shall comply in accordance with the Fire Protection Requirements of National Building Code of India (NBC)-2005/ Telangana Fire Services Act,1999. (v) The facilities for providing fire protection and firefighting facilities in such buildings should be in compliance with the stipulations laid down and clearance issued by the Telangana State Disasters Response & Fire Services Department from time to time. No Objection Certificate (NOC) from the Telangana State Disasters Response & Fire Services Department shall be obtained from time to time regarding the fire safety requirements and facilities installed. The designs and installations regarding fire protection and safety measures including exit requirements and smoke containment and smoke management measures shall be undertaken through a fire engineer/fire consultant. (vi) Buildings shall be designed for compliance with earth quake resistance and resisting other natural hazards. The Completion notice (completion certificate word substituted 40

with compliation notice as per GO MS No. 172 Dt: 3-6-2016) shall mention that the norms have been followed in the design and construction of buildings for making the buildings resistant to earthquake, compliance with structural safety and fire safety requirements. (c) Compliance with Telangana Energy Conservation Building Code (Added New Clause) (i) The code shall be applicable to commercial buildings and other Non Residential Buildings that have a plot area of more than 1000 Square Meters or built up area of 2000 Square Meters and certain categories of buildings such as Multiplexes, Hospitals, Hotels, and Convention Centers irrespective of their built up area shall comply with the TECB Code as given in Annexure XIII. (ii) The code is mandatory for all new buildings, as stated above, to comply with TS* (TS ONE STAR) with prescriptive/whole building performance method of compliance for the buildings. The prescriptive method format is given in Appendix G of TECBC, as given Annexure XIII. The whole building performance method is given in Appendix B of TECBC, as given Annexure XIII. (iii) At the time of plan approval, the Owner and Builder/developer shall submit the TS* (TS ONE STAR) compliance, sealed and signed by TS Empanelled Architect with MAUD and NREDCAP or Bureau of Energy Efficiency Empanelled Architect against the mandatory requirement of compliance of TECBC to respective Urban Local Body. The details of compliance documentation, administration and energy analysis is given in the TECBC in chapter 3 as given Annexure XIII. (iv) At the time of issuance of occupancy certificate, the builder/owner/ developer shall submit the professional statement by TS Empanelled Architect with MAUD and NREDCAP/ BEE Empanelled Architect verifying that the building has been built in accordance with the approved design and plan approval. Once the professional statement is submitted along with any other necessary approvals under rules 25 and 26 of the TS Building Rules, 2012, the occupancy certificate will be issued. (v) In accordance with rules 25 and 26 of the Telangana Building rules 2012, the Urban Local Body may conduct random unscheduled progress inspections throughout the construction phase of a building for any new building, addition or alteration project, to ensure that the building complies with the TECBC. (As per GO MS No.30 MA&UD Dt: 28-1-2014, after clause (b) of rule 15 added 15 (c) as above) (c) ln case of Commercial/ Industrial/Residential building constructions over 10,000 Sq, Mts area and above, provision shall be made in the plans for Sewage Treatment Plant (STP) which shall bring sewage and domestic discharge within the prescribed parameters. Further such plan should duly provide for a complete and comprehensive system of collection, transportation and disposal of municipal solid waste strictly in accordance with the Solid Waste Management Rule -2016. (As per GO MS No. 135 MA&UD Dt: 12-5-2017: In the rule 15, after sub-rule (b) added 15 (c) as above) (c) All buildings irrespective of plot size should have on-site treatment systems (septic tank with soak away/twin leach pit/decentralized treatment system/faecal sludge and seepage or connected to sewerage system, wastewater treatment and recycling system as per National Building Code 2016. (d) All parking places (except in individual residential buildings) shall be provided with Electric Vehicle Charging infrastructure. (Added vide amendment -II GO MS No. 62 MA Dt: 21-3-2020: in rule 15 after sub rule (b) added 15 (c)(d) as above) 41

16. Concessions in Road Widening Cases: (a) Where any land or site or premises for building is affected in the Statutory Plan/ Master Plan Road or Circulation network or a road required to be widened as per Road Development Plan, such area so affected in the road or circulation network shall be surrendered free of cost to the Sanctioning Authority by the owner of land. No development permission shall be given unless this condition is complied with. (b) Upon surrendering such affected area the owner of the site would be entitled to a Transferable Development Right (TDR) as given in Rule-17. OR The owner shall be allowed to construct additional floors with an equivalent built-up area for the area surrendered subject to mandated public safety requirements. OR The owner shall be allowed to avail concessions in setbacks including the front set-back (subject to ensuring a building line of 6 m in respect of roads 30 m and above; 3m in respect of roads 18 m and below 30 m and 2 m in respect of roads less than 18 m and subject to ensuring minimum side and rear setback of 2 m in case of buildings of height up to 12 m and 2.5 m in case of buildings of height above 12 m and upto 15 m and 3 m for buildings of height above 15 m and up to 18 m). In case of High Rise Buildings the concessions in all round setbacks would be considered subject to maintaining minimum clear setback of 7 m on all sides and such minimum setback area shall be clear without any obstructions, except 2 m wide green planting strip (where the setback is 9 m and above), which shall be soft green planting, to facilitate movement or fire fighting vehicles and effective fire fighting operation. OR Adjustment of land value towards building permit fee and charges (only in cases where road widening is in progress). OR Adjustment of city level infrastructure impact fee towards value of the land surrendered for formation of new Master Plan Roads/ Link roads. OR Combination of above. (Substituted vide Amendment-16 of GO Ms.No. 7 MA, dt: 05-01-2016) (c) The extent of concessions given shall be such that the total built up area after concession shall not exceed the sum of built up area allowed (as proposed) on total area without road widening and built up area equivalent to surrendered area. “As long as the built-up area proposed after concession does not exceed the sum of built up area allowed on total site without road widening and builtup area equivalent to area surrendered for road widening, irrespective of the floor to floor height and type & shape of the building before road widening and after road widening”. (Added vide Amended- 7 of GO Ms.No.50 MA, dt: 22-04-2019) (d) In case of plots less than 750 sq.m in addition to concessions in setbacks and height, the cellar floor may be allowed keeping in view of its feasibility on ground. (e) Deleted. (f) The above concessions shall be considered at the level of Sanctioning Authority/ Competent Authority i.e., ULB/ UDA level as the case may be. (Substituted vide Amendment-16 of GO Ms.No.7 MA, dt: 05-01-2016) 17. Grant of Transferable Development Right: (a) Transferable Development Right” (TDR) can be awarded only when such lands are transferred to the local body/ Urban Development Authority as the case may be by way of registered gift deed. The award would be in the form of a TDR certificate issued by the Competent Authority/ Sanctioning Authority. 42

(b)

Grant of TDR can be considered by the Competent Authority/ Sanctioning Authority for the following areas subject to the owners complying with the conditions of development above, as per the following norms: (i) For the Master Plan road/ Road Development Plan undertaken and developed/ peripheral road provided in Group Development schemes: equivalent to 400% of such area surrendered. For conservation and development of lakes/water bodies/ Nalas foreshores & Recreational buffer development with greenery, etc: equivalent to 200% of such recreational buffer area developed at his cost. (Substituted vide GO Ms.No.330 MA dt: 28-12-2017) (ii) For Heritage buildings and heritage precincts maintained with adaptive reuse: equivalent to 100% of built up area of such site area.

(c)

The TDR may be arrived at on the basis of relative land value and equivalent amount in both export and Import areas, as per the Registration Department records. The Competent Authority shall have the discretion in the matter of applicability of TDR. The TDR shall not be allowed in unauthorized buildings/ structures/ constructions and shall be considered only after the land is vested with the local authority/ UDA. The TDR certificate issued would be valid or utilized/disposed only within the concerned local body area and as per guidelines and conditions prescribed.

However in case of TDR Certificates issued by GHMC/HMDA/TSIIC same can be utilized/ disposed within the ORR limits irrespective of the Sanctioning Authority granted TDRs. (Added vide GO Ms.No.264 MA dt: 05-11-2019) (d) Guidelines on Transferable Development Right: In order to adopt uniform guidelines throughout the State the following conditions and guidelines are prescribed. (i) As and when the owner of the building intends to construct the building in the remaining area of the site, he is entitled to construct the building as per the provisions of these Building Rules. In the event the owner doesn’t take up any construction, the owner is entitled for TDR which can be usedI disposed depending on convenience. (ii) A composite Register shall be maintained by the Sanctioning Authority as per the proforma enclosed at Annexure -VIII on the award of TDR and its sale/ disposal and utilization. A responsible officer shall be the custodian of the Register. (iii) At the time of sale/ disposal/ utilization of a particular TDR, the utilization details of the sale/ disposal need to be entered at relevant columns in the register and that therefore the relevant file need to be referred to the custodian of the Register for making necessary entries in the register. The custodian is held responsible to enter relevant details in the register and also to enter utilization details in the TDR. When TDR Certificate is sold/ utilized totally, the same shall be surrendered by the owners and the custodian shall take possession of the Certificate and make necessary entries in the register. As per Government Orders, TDR award is to be arrived on the basis of relevant land value at both export and import areas as per prevailing Registration value. (iv) TDR can either be sold or can be utilized by the same owner depending on convenience. (v)

TDR can be allowed to be utilized for construction of two additional floors over the normal permissible floors without insisting additional setbacks and without insisting higher road width, for example in normal course the maximum height permissible on roads 12 m (40 feet) width is 24 m, but with TDR two additional floors can be allowed without insisting additional setbacks and without insisting higher road width . (16 (v) is Substituted vide GO Ms. No. 330 MA dt: 28-12-2017) 43

(e)

18.

19. (a)

(b) (c) (d)

20. 44

(vi) Every TDR sold or disposed shall be accompanied by a prescribed agreement on Rs.100/ - non-judiciary stamp paper between the person disposing the TDR and the person who intend to utilize the TDR. Draft agreement as per Annexure - XI. Documents Required with Application for Grant of Transferrable Development Right Certificate: Application to be made by owner in the prescribed format giving the following details: (i) Name of the owner with clear address, contact phone number, etc. (ii) Copy of the ownership documents along with clear site plan and location plan. (iii) Site Plan showing the land surrendered, its extent, location with dimensions. (iv) Building permission Plan for the site by the urban local body. (v) Details of Building permission granted/applied for like use or purpose of building, number of floors permitted, all-round setbacks, floor area permitted and utilized, parking area permitted; etc. (vi) Whether already benefit of relaxations been utilized for the site? (vii) Whether any Court case is pending against Urban Local Body? (viii) Land value of the site where TDR is to be availed (latest copy from concerned Sub Registrar to be enclosed) (ix) TDR admissible in terms of sq.m and equivalent land value. Urban Design and Architectural Control: For certain areas as well as sites abutting major roads of 30m and above, the Competent Authority may enforce urban design and architectural control. These shall be detailed out keeping in view the development conditionalities and requirements given in these Regulations and the National Building Code norms. For this purpose, urban design and architectural control sheets/ Plans approved by the Competent Authority shall be complied with. Building Permit/ License Fees The Sanctioning Authority shall along with the Building Application levy and collect 2% of the Building Permit/ License fees, subject to a maximum of Rs.10,000 as initial fees. The balance Building Permit/ License Fees together with other fees and Charges shall be levied and collected before the issue of permission/ sanction. In case of rejection of building application, the above initial fees would be forfeited. No fees and charges would be levied for parking spaces provided in any floor. The permission is valid for 5 Years in case of High Rise Building and Group Development Schemes and 3 Years Non-High Rise Building subject to commencement of constructions within 6 Months. The permission can be revalidated for another 2 years on payment of building permit fee. If the construction or reconstruction of any building is not commenced or completed within the specified period, the permission shall stand lapsed and a fresh application shall have to be made duly paying the building permit fee. The applicant shall upload the pictures of commencement of construction within 6 months online During the construction of the building the owner or builder shall upload the photographs at different stages of the construction i.e., basement level and slab of each floor and after completion. (19 (d) Substituted vide Amendment - III of GO Ms. No. 62 MA, dt: 21-03-2020) Levy of Special Fees and Other Provisions for Certain Areas: The Sanctioning Authority with the specific approval of the Government may, when implementing such Projects, levy

Special fees and other fees/ charges for lands/sites/premises abutting or in the vicinity of the Ring Road or other highways/major roads or the Mass Rail Transit System/ Light Rail Transit System/Multi Modal Transit System/Bus Rapid Transit System route indicated in the Master Plan, at the rates and procedure prescribed by the Government. 21. City level Infrastructure Impact Fees Applicable in Certain Cases: (a) With a view to ensure development of City Level Infrastructure facilities and the City Level Infrastructure Impact Fees shall be levied as given in the table below:

TABLE – VI Height (No.of floors), Use of the Building and Rate in Rs.per Sq.Mtr. of Built Up Area Above 15 M & up to 17 Floors Areas

Above 17 floors

Residential

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

Residential

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

2(a)

2(b)

3(a)

3(b)

HMDA AREA GHMC

500

1000

750

1500

Municipalities

250

500

1000

G.P.Areas

175

250

350

500

1000

350

500

UDA AREAS Municipal Corporations

350

Rest of the UDAs

175

OTHER THAN UDA AREAS Municipal Corporations

350

500

800

150

350

250

500

100

200

300

Municipalities Sel/Spl/1st grade 2

/N.Ps/G.Ps.

(Substituted vide amendment-19 of GO Ms. No.7 MA Dt: 05-01-2016) (b) For The first 15 m height of the building (excluding stilt floor) there will be no levy of City Level Impact Fee. (c) In case of Multiplexes the rates given in the Multiplex Rules shall be applicable. (d) The Government may revise the above rates from time to time. (e) The above rates shall not be applicable for Government Departments and Public Agencies like Urban Development Authority, Telangana Industrial Infrastructure Corporation (TSIIC), Local Bodies and Hyderabad Metropolitan Water Supply & Sewerage Board (HMWSSB). This exemption shall not be applicable for commercial projects taken up by such agencies. (f) The amount levied and collected under the above Rule shall be credited and maintained in a separate escrow account by the concerned sanctioning authority and 50% of it shall be utilised for development of infrastructure in the same area and balance amount is to be utilised towards improvement of city level capital infrastructure in the area. An Infrastructure Plan and Action Plan for implementation is required to be undertaken by the Competent Authority and the said Fund is utilised accordingly. 45

22. Incentives for Owners Leaving More Setbacks/ Installing Solar Heating System/ Lighting/ Rain Water Harvesting/ Recycling of Waste Water: The following incentives in terms of rebate in Property Tax will be given by the local authority for owners or their successors-ininterest who: (i) Install and use solar heating and lighting system: 10% rebate. (ii) Undertake both recycling of waste water and rain water harvesting structures 10% rebate. (iii) For the Buildings adopting TECB Code, building approvals may be given on priority” (Added vide Amendment -III of GO Ms. No.30 MA Dt: 28-01-2014) 23. Technical Approval From The Competent Authority (a) Hyderabad Metropolitan Development Authority (HMDA)/ Urban Development Authority (UDA) Areas: In case of areas falling under the jurisdiction of HMDA/ UDA, the development control powers shall be as per the delegation issued by the concerned HMDA/UDA from time to time. (b) Areas covered in Municipalities/Municipal Corporations other than GHMC. (i) Plot Size up to 75 Sq.Yds. (63 Sq.Mts.)-Exempted from taking building permission (a) No Building permission is required for construction of Individual Residential Buildings with a height up to 7 Mts. (b) The applicant shall register online of his intention to construct the building. (c) The applicant shall pay Rs.1/- as token fee along with registration. (d) The applicant shall self-certify the size of the Plot and Number of Floors to be constructed by submitting the Form of Self-Certification online as prescribed. (e) The applicant shall ensure complying of the provisions of the Master Plan, Detailed Planning Scheme, and Local Area Plan and Building Rules. (f) No Completion Certificate or Occupancy Certificate is required (g) The Registration is not applicable if site/ plot/ building of bigger than 75 Sq. yds (63 Sq.mts) is subdivided for this purpose. (h) The applicant shall fill the application in online and upload the following documents at the time of Registration. (i) Online Application to be filled (ii) Self-Certification to be uploaded (iii) Ownership documents and Link documents of the site. (iv) Geo location of the site to identify the location. (i) Exemption from obtaining building permission under Sub Rule (b)(i)(a) is not applicable for plots falling in (1) Unauthorized layouts and (2) Restricted areas as specified in Rule (3). (j) Such exemption not to be misused for taking up construction in Government or Prohibited or Disputed lands, Municipal lands, Layout Open spaces, Parks and Playgrounds. (k) In case of violations, if any noticed at any time, the Applicant will be liable for punishment which includes imprisonment up to 3 years, or either levy of penalty which may extend to 25% of the value of land or building including land as fixed by the Registration Dept., or Demolition or taking over or sealing of property without issuing any notice as per section 177 and 180 of the Telangana Municipalities Act 2019 and duly conducting the Panchanama for recording violations made. 46

ii.

iii.

Individual Residential buildings having plot area of 500 sq mts and less and buildinq height up to 10 mts.- Instant approval online: The applicants shall comply with the following conditions for availing Instant Online approval (a) The applicant shall submit proposals online with a Self-Certification as prescribed along with the prescribed documents and payment of prescribed fee. (b) The Applicant shall submit an Undertaking stating that if the actual construction is made in violation of Sanctioned Plan, as per Section 174 the same is liable for demolition without issuing any notice. (c) The proposal shall be in conformity with the provisions of Master Plan or Detailed Planning Scheme or Local Area Plan and the Building Rules. (d) The Instant Approval system based on Self-Certification is not applicable for plots falling in unauthorized layouts and restricted areas as specified in rule (3) (e) The instant approval shall comply with the following. (i) Land use as per the sanctioned master plan. (ii) Zoning regulations, (iii) Building rules (iv) NBC norms. (f) The building permission shall be generated online instantly, upon uploading all required, authenticated documents and payment of fee. (g) The Member Convener of District Level TS-BPASS Committee shall compile all the instant online generated permissions and place before District Level TSBPASS Committee for post verification and the Committee shall get the post verification done for all the applications and shall submit their recommendations into the web based Online Approval system within 21 days of receipt of the Application. (h) The onus to ensure authenticity of Self Certification and compliance with the self-certification lies with the applicant, who shall be held personally accountable and liable for punishment in case of false declaration/ misrepresentation, if any. (i) The misrepresentation and false declaration is liable for punishment against the Applicant, which includes imprisonment up to 3 years, or either levy of penalty which may extend to 25% of the value of land or building including land as fixed by the Registration Dept., or Demolition or taking over or sealing of property without issuing any notice as per section 177 and 180 of the Telangana Municipalities Act 2019 and duly recording the misrepresentations & false declarations. All Residential Buildings (including high rise buildings) in plot area of above 500 Sq.Mtrs or having height above 10 mts and all Non Residential Buildings - SINGLE WINDOW APPROVAL: (a) One Common/ Combined Application shall be submitted ONLINE to the Competent Authority through web based Online Approval system duly uploading all documents as prescribed and payment of prescribed fee. (b) The online application has to be submitted with all requisite documents as prescribed. The online system shall not accept the application unless all such documents are submitted. Such documents upon submission shall be examined 47

and shortfalls or incompleteness or cases where further information or clarification is needed shall be communicated to the applicant within 10 days from the date of applying, in a manner prescribed. (c) In all other cases, applications for building permissions accompanied by all valid and required documents, as required and prescribed, shall be sanctioned within 21 days and in the manner, as prescribed. If no order is issued on the building application within the time prescribed i.e., 21 days from the date of application, then the approval will be “deemed” to have been issued and approval shall be generated through online web portal. The Official concerned shall be liable for disciplinary action, if there has been a delay in arriving at a decision within the time period. (d) The permission issued under deemed clause can be revoked by the Competent Authority within 21 days from the date of deemed approval if it is found that deemed approval has been obtained by misrepresentation of the facts or false statements, and/or against the building rules, regulations and Master Plan land use provisions. (Rule 23 (b) is Substituted vide Amendment - IV of GO Ms.No.62 MA, dt: 21-03-2020) (c) Compliance of public safety measures (i) The Competent Authority while issuing building permission shall make it binding on the developer/builder for compulsory implementation of public safety measures as stipulated in Telangana Public Safety (Measures) Enforcement Act, 2013 & Rules 2014. (ii) The Competent Authority shall, at the time of issue of Occupancy Certificate ensure that the developer/builder has implemented the public safety measures without any violation, as stipulated in Telangana Public Safety (Measures) Enforcement Act, 2013 & Rules 2014. (Added vide Amendment-20 of GO Ms. No.7 MA Dt: 05-01-2016) 24. High Rise Building Committee: The following committees shall be constituted for scrutiny of High Rise Building applications. (a) Greater Hyderabad Municipal Corporation (GHMC) 1. Chief City Planner/Town Planning Section Head - Member Convener 2. Engineering Section Head Member 3. Director of Town & Country Planning (DT&CP) Member or his nominee 4. Town Planning Section Head of Urban Development Member Authority (UDA) or his nominee The Committee shall give the recommendations to the Commissioner. (b) Hyderabad Metropolitan Development Authority (HMDA)/All Urban Development Authorities (UDA) (Other than the area covered in “a” above.) 1. Head of the Town Planning wing of concerned UDA - Member Convener 2. Town Planning Section Head or his nominee of Member concerned ULB 3. Engineering Section Head of concerned UDA / ULB Member 4. Director of Town & Country Planning or his nominee. Member The Committee shall give the recommendations to the Metropolitan Commissioner/ Vice Chairman. 48

(c)

Areas covered in Municipalities/ Municipal Corporations other than GHMC and HMDA All Building applications for High Rise buildings shall be examined through web based Single Window System. (Substituted vide Amendment -V of GO Ms.No.62 MA, dt: 21-03-2020) (d) Gram Panchayats covered in Sanctioned Master Plan Area. (Other than the area covered in (a), (b) & (c) above i.e. DT&CP Jurisdiction) 1. Regional Deputy Director of Town Planning (RDDTP) - Member Convener 2. Superintendent Engineer Public Health Member 3. Senior Practicing Architect/Planner nominated by DT&CP Member The Panchayat Secretary shall submit the proposal through the concerned Regional Deputy Director of Town Planning (RDDTP) to place before the committee and the committee shall give the recommendations to the Director of Town & Country Planning. The guidelines for Nomination of Senior Practicing Architect/Planner shall be followed as mentioned in Annexure - XII. 25. Compliance by Owner for Ensuring Construction is Undertaken as per Sanctioned Plan: (a) The owner and builder/ developer shall give an Affidavit duly notarized to the effect that in the case of any violation from the sanctioned building plan, the Enforcement Authority can summarily demolish the violated portion. (b) In respect of Apartment Buildings, the owner or builder shall give a Declaration duly specifying the number of floors permitted, along with the extent of each floor. In case of any violation with regard to the Declaration, the Enforcement Authority can demolish the violations. (c) Before release of the building sanction by the sanctioning authority, the owner of the plot/ site is not only required to produce the original Sale Deed, registered under the provisions of the Indian Registration Act, 1908/Certified copy issued by Stamps and Registration Department for the perusal of the sanctioning authority and cross verification with the attested copy submitted with the building application. (d) The owner is required to hand over 10% of the built-up area in the ground floor or first floor or the second floor, or in the upper floor (Substituted vide GO Ms.No 168 MA, dt: 08-10-2020) as the case may be, to the sanctioning authority by way of a Notarised Affidavit. In respect of row houses/ detached houses/cluster housing 5% of the units shall be handed over by way of notarized affidavit to the sanctioning authority. The Notarised Affidavit shall be got entered by the sanctioning authority in the Prohibitory Property Watch Register of the Registration Department. Then only the Building sanction will be released. (e) The individual residential buildings in plots upto 200 squar meters with a height up to 7 meters are exempted from the conditions (c) and (d) above. (Substituted vide Amendment -VI of GO Ms.No.62 MA, dt: 21-03-2020) 26. Occupancy Certificate (a) Occupancy Certificate shall be mandatory for all buildings. No person shall occupy or allow any other person to occupy any building or part of a building for any purpose unless such building has been granted an Occupancy Certificate by the Sanctioning Authority. Partial Occupancy Certificate may be considered by the Sanctioning authority on merits i.e. flats/ units or area within a complex which have fulfilled all the requirements in addition to basic facilities like lifts water supply, sanitation, drainage, roads, common lighting etc. However, in respect of individual buildings in plots up to 200 sq.m (the words 100 sq.mts Substituted vide Amendment -VII of GO Ms.No.62 MA, dt: 21-03-2020) with height up to 7m obtaining Occupancy Certificate is optional. 49

(b)

(c)

(d)

(e)

(f)

(g)

The owner shall submit a notice of completion through the registered architect and licensed builder/ developer along with prescribed documents and plans to the Sanctioning Authority. The Sanctioning Authority or the person authorized, on receipt of such notice of completion shall undertake inspection with regard to the following aspects: (i) *No. of Floors. (ii) External setbacks. (iii)Usage of the building. (iv) Parking space provision. (v) Abutting road width (vi) Formation of BT/CC road in case the BT/ CC road was not existing at the time of issue of building permission. (Added vide Amendment -4, GO Ms.No.50 MA dt: 22-04-2019) *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. “AlI the buildings having plot area of 101 Sq. meters or more shall mandatorily plant trees as specified in the rule 15 (viii) of Building Rules issued in GO Ms. No. 168 MA dt: 07.04.2012 read with GO Ms.No.228, MA Dated: 01.09.2016. The Occupancy Certificate shall not be issued without Plantation of Trees” (Added as per Amendment of GO No.228 Dated: 01-09-2016) The Sanctioning Authority shall communicate the approval or refusal of the Occupancy Certificate within 15 days or may issue the same after levying and collecting compounding fee, if any. If the authority fails to issue the occupancy certificate within the above stipulated period the responsibility shall be fixed with the concerned officer who fails to prosses the file and for every one day of delay a penalty of Rs.500/- shall be levied on the concerned staff for delay. (Added vide Amendment-20 in GO Ms. No.7 MA Dt: 05-01-2016) The Sanctioning Authority is empowered to compound the offence in relation to setbacks violations (other than the front setback) in respect of non high rise buildings only up to 10%, duly recording thereon the violations in writing. The rate of Compounding fee shall be equivalent to one hundred percent of the value of the land as fixed by the Registration Department at the time of compounding for the violated portion and the Government may revise this rate from time to time. Compounding of such violation shall not be considered for buildings constructed without obtaining any sanctioned plan. For all high rise buildings, the work shall be subject to inspection by the Telangana State Disasters Response & Fire Services Department and the Occupancy Certificate shall be issued only after clearance from the Telangana State Disasters Response & Fire Services Department with regard to Fire Safety and Protection requirements. The sanctioning authority shall ensure that all public and semi public buildings are constructed disable friendly and provide facilities for specially enabled persons as per National Building Code -2005 of India while issuing occupancy certificate. The functional/ line agencies dealing with electric power, water supply, drainage and sewerage shall not give regular connections to the building unless such Occupancy Certificate is produced, or alternatively may charge 3 times the tariff till such time Occupancy Certificate is produced. This condition shall also be applicable to all unauthorized constructions and buildings constructed without sanctioned building plan. In addition to the above, the Local Body shall collect every year two times the property tax as penalty from the owner/ occupier. “The functional/ line agencies shall receive and process the applications for providing regular connections by indicating required infrastructure work. However, the actual connection shall be given only after issue of Occupancy Certificate by the Competent Authority”. (Added vide Amendment - 5, as per GO Ms.No.50 MA dt: 22-04-2019)

(h)

The Registration Authority shall register only the permitted built up area as per the sanctioned building plan and only upon producing and filing a copy of such sanctioned building plan. On the Registration Document it should be clearly mentioned that the registration is in accordance with the sanctioned building plan in respect of setbacks and number of floors. (i) The financial agencies/ institutions shall extend loan facilities only to the permitted built up area as per the sanctioned building plan. (j) In case of non-high rise buildings constructed in plots above 200 square meters and less than 500 square meters, the Occupancy Certificate will be issued through online, based on the Self-Certification submitted by the Owner or Builder in the prescribed proforma duly attested by the Licensed Technical Personnel, certifyng that the building has been constructed as per the sanctioned plan and as per the rules and regulations in force. (k) The onus to ensure authenticity of self-declaration and compliance with the SelfCertification for issuance of occupancy certificate under self- certification lies on the Owner, Applicant and Licensed Technical Personnel and shall be held personally responsible and accountable in case of false declaration and will be liable for punishment as indicated in section 177 and 180 of the Act. (l) In case of occupancy certificates for High rise buildings and buildings constructed in plots 500 square meters and above, the applicant shall submit application online with Self-Certification in the prescribed proforma duly attested by the Licensed Technical Personnel that the building has been constructed as per the sanctioned plan and as per Rules and Regulations in force and based on the Self-Certification. Approval/rejection shall be given within 7 days and Occupancy Certificate shall be auto generated and mortgaged area shall be released within 15 days from the date of receipt of application. (Added J, K, L vide Amendment -VII of GO Ms.No.62 MA, dt: 21-03-2020) 27. Enforcement (a) In addition to the enforcement powers and responsibilities given in the respective laws of the local authority, in respect of these Rules: (i) The Enforcement Authority concerned shall be wholly and severally responsible for ensuring and maintaining the right of way/ width of the road and building restrictions as given in these Rules. (ii) The Enforcement Authority shall summarily remove any violation or deviation in building construction in maintaining the road widths and building line. (iii) In respect of apartment complexes, shopping complexes and all high rise buildings, periodical inspections shall be carried out indicating the stage of work with reference to sanctioned plan. In case of any deviations from the sanctioned plan, necessary action shall be taken as per rules. (iv) Any person who whether at his own instance or at the instance of any other person or anybody including the Government Department undertakes or carries out construction or development of any and in contravention of the statutory master plan or without permission, approval or sanction or in contravention of any condition subject to which such permission or 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 than fifty percent of the said amount. (b) Constitution of Town Planning and Building Tribunal: The Government shall constitute a Town Planning and Building Tribunal for dealing with all town planning, enforcement and building issues by making necessary amendments to the corresponding Acts if required. 51

(c)

Constitution of Building Ombudsman: The Government may constitute a Building Ombudsman for dealing with all complaints of building violations, shortfall in building standards, services and specifications and safety aspects. The Government shall separately work out the procedure, role and details of the functioning of the Building Ombudsman. 28. Limitations of Building Sanction: Sanction of building permission by the Sanctioning Authority shall not mean responsibility or clearance of the following aspects: (a) Title or ownership of the site or building. (b) Easement Rights. (c) Structural Reports, Structural Drawings and structural aspects. (d) Workmanship, soundness of structure and materials used, (e) Quality of building services and amenities in the construction of building. (f) Other requirements or licences or clearances required for the site/ premises or activity under various other laws. 29. Licensing of Real Estate Companies, Developers, Builders, Town Planners, Engineers & other Technical Personnel Mandatory: (a) The Licencing of Real Estate Companies, Developers & Builders shall be in accordance with the rules as per Annexure – IX. (b) The Licencing of Architects, Engineers, Supervisor, Surveyor and Structural Engineer & Town Planners shall be as per the Annexure – X. (c) No developer/ builder/ real estate firm or company/ engineer/ town planner/ other technical personnel shall be allowed to undertake development/do business/ practice in a Municipal Corporation/ Urban Development Authority/ Municipality/Nagar Panchayat Area unless they are licenced with the sanctioning authority of the respective area. (d) Architects shall be required to be registered with the Council of Architecture. (e) The engaging of the services of a licenced developer/builder shall be mandatory for Apartment Buildings, Group Housing, all types of Group Development Schemes, all High-Rise Buildings and all Commercial Complexes. Developments undertaken for construction of individual residential houses, educational/ institutional/industrial buildings and developments undertaken by public agencies are exempted from the above condition. (f) Any developer/builder undertaking development or any firm doing property business in any Municipal Corporation/ Urban Development Authority/Municipality/ Nagar Panchayat or soliciting property sale/ transactions or advertising as such in case of above, shall necessarily mention the details of it’s licence number, licence number of the licenced developer to whom the approval is given by the said Municipal Corporation / Urban Development Authority/ Municipality/ Nagar Panchayat, together with the permit number and it’s validity for information and verification of public/ prospective buyers. (g) Absence of the above or suppressing of the above facts or in the case of other licences and other technical personnel who violate the conditions would invite penal action including debarring of the real estate firm/development firm/ company from practice in the local authority area for 5 years besides prosecution under the relevant laws/ code of conduct by the sanctioning authority. (h) Any licenced developer/builder/ other technical personnel who undertake construction in violation of the sanctioned plans shall be black-listed and this would entail cancellation of their licence besides being prosecuted under the relevant laws/code of conduct. (Annexure XIII added after Annexure XII as per GO MS No. 30 MA&UD Dt: 28-1-2014 of TECBC)

4. MA&UD Department - Greater Hyderabad Municipal Corporation - Concession in Nala Widening Cases on par with road widening cases - Orders - Issued. MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT (M1) DEPARTMENT GO Ms No. 68 Dated: 07-03-2017 1. GO Ms. No. 168 MA dt: 07.04.2012, read with GO Ms. No.7 MA dt 05.01.2016 2. From the Commissioner, Greater Hyderabad Municipal Corporation Letter No. 89545/ TP/DEV/RW/0012/2017/ 150, Dated: 08.02.2017. ✦✦✦

ORDER As per the Building Rules 2012 issued in the GOs 1st read above where any land or site or premises or building is affected in the road widening, then the owner is entitled to a TDR or concessions in setbacks, height and additional floors subject to owners surrendering such affected area to the local body on free of cost. 2. In the reference 2nd read above the Commissioner, Greater Hyderabad Municipal Corporation has reported that Nalas survey is being undertaken by the Greater Hydeerabad Municipal Corporation wherein number of private properties/ structures are affecting in the widening of Nalas; the property owners are surrendering the affected portion to GHMC on free of cost and in lieu of compensation there is a need to consider the concessions in setbacks, height and additional floors on par with the road widening cases as they are unable to construct new buildings. 3. After careful examination of the matter Government have considered the proposal of Commissioner, Greater Hyderabad Municipal Corporation to facilitate Nala widening and to encourage the property owners to handover Nala widening portion free of the cost to Greater Hyderabad Municipal Corporation. Accordingly, Government hereby permit the Commissioner, Greater Hyderabad Municipal Corporation to grant concessions in setbacks, height and additional floors to Nala widening cases on par with the road widening cases subject to condition that the affected area in Nala widening shall be surrendered by the property owners on free of cost to Greater Hyderabad Municipal Corporation. 4. The above orders are issued in partial modification of Building Rules issued in GO Ms. No. 168 MA dt: 07.04.2012 read with GO Ms. No.7 MA dt: 05.01.2016. 5. The Commissioner, Greater Hyderabad Municipal Corporation is requested to take further action accordingly. NAVIN MITTAL Secretary To Government

5. Municipal Administration & Urban Development Department Memo No.4311/Plg.II/2019 Dated: 16.08.2019 Sub : MA & UD Dept;- Permissible height of a building in sites which are having exclusive access (private means of access)- Regarding Ref : 1. Representation from Director, Aparna Constructions and Estates Pvt., Ltd., Dated : 12.04.2019 2. Govt. Memo No.4311/Plg.II (1)/ 2019, Dt : 18.04.2019 3. From GHMC Lr. No. 1/HO/19230/ 2018/E-Office 201561/390, Dt : 09.05.2019 4. Report submitted by the Technical Committee ✦✦✦

ORDER In the reference 1st cited commissioner, Greater Hyderabad Municipal Corporation, Hyderabad has sought for a clarification with regard to permissible height of a building in sites which are having exclusive means of access (private road) connected to a public road. The issue has been examined keeping in view the provisions of National Building Code-2016 relating to "Width and length of Means of Access (Private road)" and the recommendations made by the Technical Committee on this issue. After careful consideration of the matter and with a view to prevent high density developments on the lesser width of means of access, it is felt that the "Width and length of means of access (exclusive access/ private road) shall be as given below for considering the building permissions in the sites which are having exclusive means of access (private road) connected to a public road. Sl.No.

Width of means of access

Maximum Length of means of access

Maximum extent of site should be

Height permissible

7 mts

50 mts

2.5 Ac

Based on the width of the public road

9 mts

up to 100

5 Ac of the public road

Based on the width

12 mts

up to 150

7.5 Ac of the public road

Based on the width

18 mts

up to 200 mts

10 Ac of the public road

Based on the width

Note : In case of plots above 10 Ac the sites shall invariably abut to a public road. The Commissioner, Greater Hyderabad Municipal Corporation/Metropolitan Commissioner, Hyderabad Metropolitan Development Authority/ Director Town & Country Planning/ Vice Chairman of all UDA's/ Commissioners of all ULBs shall take further action accordingly. ARVIND KUMAR Principal Secretary to Government

Z 54

6. MA&UD Department – Hyderabad Metropolitan Development Authority–Approval of Metropolitan Development Plan-2031 for Hyderabad Metropolitan Region-Orders - Issued. MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT (I1) DEPARTMENT GO Ms.No.33 Dated:24.01.2013 1. GO Ms. No. 32, MA&UD Dept., Dt.12.01.1988. 2. GO Ms. No. 242, MA&UD Dept., Dt.11.05.1989. 3. GO Ms.No. 287, MA&UD Dept., Dt.03.04.2008. 4. GO Ms.No. 288, MA&UD Dept., Dt.03.04.2008. 5. GO Ms.No. 470, MA&UD Dept., Dt.09.07.2008. 6. GO Ms. No. 570, MA&UD Dept., Dt.25.08.2008. 7. GO Ms. No. 363, MA&UD Dept., Dt.21.08.2010. 8. From the Metropolitan Commissioner, Hyderabad Metropolitan Development Authority, Hyderabad, Letter No.5455/ Plg/ HMDA/ HUDA/ 2007, dt: 21.11.2012. ✦✦✦

ORDER The appended notification will be published in an Extraordinary issue of the Andhra Pradesh Gazette, Dated:30.01.2013. 2.

The Commissioner of Printing, Stationary and Stores Purchase, Hyderabad is requested to supply 500 copies to the Government.

A copy of this order is available on the internet and can be accessed at the address:http:// goir.ap.gov.in/apgos.

APPENDIX NOTIFICATION Whereas, the Hyderabad Metropolitan Development Authority (HMDA) was constituted vide GO Ms.No.570 MA dt:25.08.2008 and the authorities such as Hyderabad Urban Development Authority/ Hyderabad Airport Development Authority/ Cyberabad Development Authority were dissolved and merged with Hyderabad Metropolitan Development Authority. The jurisdiction of Hyderabad Metropolitan Development Authority extends to 55 Mandals located in five districts viz. Hyderabad (all 16 Mandals), Medak (P)–10 Mandals, Rangareddy (P)– 22 Mandals, Mahaboobnagar (P)– 2 Mandals and Nalgonda (P)– 5 Mandals. The total area of Hyderabad Metropolitan Development Authority is around 7228 Sq.Kms. The jurisdiction of Hyderabad Metropolitan Development Authority includes the areas covered by Greater Hyderabad Municipal Corporation, Sangareddy and Bhongiri Municipalities and 849 Villages. 2.

And whereas, there are Seven (7) Master Plans which have been notified and are in force in Hyderabad Metropolitan Development Authority area viz., ●

●

Development Plan for erstwhile MCH area was approved vide GO Ms.No. 414 MA, dt:27.09.1975, which was revised and approved vide GO Ms.No.363 MA, dt: 21.08.2010. Master Plan of Non Municipal areas of Hyderabad Urban Development Authority was approved vide GO Ms. No. 391 MA, dated 23.06.1980, which was revised and approved (Pre-expansion areas of Hyderabad Urban Development Authority excluding the preexpansion areas of GHMC), vide GO Ms. No. 288 MA dated: 03.04.2008. Cyberabad Development Authority (CDA) Master Plan was notified in 2001 vide GO Ms.No. 538 MA, dt: 29.10.2001. 55

Master Plan for Hyderabad Airport Development Authority, was notified vide GO Ms.No. 287 MA, dt: 03.04.2008. ● Outer Ring Road Growth Corridor Master Plan was notified vide GO Ms.No. 470 MA, dt: 09.07.2008. ● Master Plan for Bhongir was notified vide GO Ms.No. 242, MA dt: 11.05.1989. ● Master Plan for Sangareddy was notified vide GO Ms.No.32 MA, dt: 12.01.1988. And whereas, earlier Hyderabad Urban Development Authority/ Hyderabad Metropolitan Development Authority decided to prepare a Master Plan/ Development Plan for the newly added area of 5018 Sq.Kms for which there is no plan at present. In the stake holder/ consultative meetings it was decided to prepare a development plan integrating with the earlier notified Master Plans out side Outer Ring Road and also integrating with the Outer Ring Road Growth Corridor Master Plan. Accordingly, the Draft Metropolitan Development Plan -2031 was prepared for 5965 Sq.Kms which includes the following. (a) Extended area of Hyderabad Metropolitan Development Authority of 5018 Sq.Kms for which there is at present no notified plan. (b) Modification of Outer Ring Road Growth Corridor Master Plan (330 Sq.Kms) earlier notified vide GO Ms.No. 470 MA dt: 09.07.2008. (c) Modification of Part of Erstwhile Hyderabad Urban Development Authority Area outside Outer Ring Road Growth Corridor (432 Sq.Kms) earlier notified vide GO Ms. No. 288 MA dt: 03.04.2008. (d) Modification of Part Hyderabad Airport Development Authority Master Plan, outside Outer Ring Road Growth Corridor (185 Sq.Kms) earlier notified vide GO Ms.No. 287 MA dt: 03.04.2008. (e) Modification of the Master Plan for Bhongiri notified vide GO Ms.No. 242 MA dt: 11.05.1989. (f) Modification of the Master Plan for Sangareddy notified vide GO Ms.No. 32 MA dt: 12.01.1988. The Metropolitan Development Plan is planned for a time period up to 2031 taking into consideration population of about 184 lakhs, work force of 65 lakhs and the present trends of developments, the Inner Ring Road, the Outer Ring road, radial roads and has proposed a radial-concentric structure of development with new urban nodes and urban centers in all directions to promote balanced development in the Hyderabad Metropolitan Region with a Peri Urban Zone all along the urban area, hierarchy of circulation network to cater to the present and future travel needs of population and activities. And whereas, the Draft Metropolitan Development Plan-2031 for Hyderabad Metropolitan Region covering an area of 5965 Sq.Kms was put up before the Hyderabad Metropolitan Development Authority meeting held on 09.05.2011 for approval and for notification for objections and suggestions as provided under the Hyderabad Metropolitan Development Authority Act, 2008 and issued Public Notice on Dt.20.07.2011 by Hyderabad Metropolitan Development Authority inviting objections and suggestions from any person, body or authority in writing with effect from 22.07.2011 as required under section 13 (1) of the Hyderabad Metropolitan Development Authority Act, 2008. The Draft Metropolitan Development Plan was also placed in the Zonal Level and District Level Consultative Meetings and also before the Public Representatives, Line Department Officials and Public at large participated and expressed their views and suggestions on the Development Plan. In addition to the above, detailed discussions were held with officials of Government Departments of (a) Telangana Industrial Infrastructure Corporation regarding their proposals for Industrial area (b) Pollution Control Board (c) Commissioner of Industries (d) Telangana Road Transport Corporation (e) South Central Railways. ●

And whereas, the above said objections and suggestions received have been considered by the Hyderabad Metropolitan Development Authority as required under section 13 (2) of the said Act.

And Whereas, the Metropolitan Commissioner, Hyderabad Metropolitan Development Authority has submitted the finalized the Draft Metropolitan Development Plan - 2031 for Hyderabad Metropolitan Region along with maps, report and draft zoning and development promotion regulations to the Government for sanction vide references 8th read above, and the Government has, after carefully considering all aspects of the matter, decided to sanction the said Metropolitan Development Plan- 2031 for Hyderabad Metropolitan Region;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 14 of the Hyderabad Metropolitan Development Authority Act, 2008 (Telangana Act No.8 of 2008), Government hereby sanction the Metropolitan Development Plan- 2031 for Hyderabad Metropolitan Region along with the Land Use Zoning & Development Promotion Regulations specified in Annexure to this order.

The said Metropolitan Development Plan - 2031 for Hyderabad Metropolitan Region as notified herein shall come into effect from the date of publication of this Notification in the TelanganaGazette.

The Land Use Plans along with the Draft Land Use Zoning & Development promotion Regulations can be seen in the Office of the Metropolitan Commissioner, Hyderabad Metropolitan Development Authority, Hyderabad during office hours till such time these are printed and made available for general public.

ANNEXURE TO GO MS.NO.33, MA&UD (I1) DEPARTMENT, DATED 24.01.2013. Preamble 1.

The Metropolitan Development Plan– 2031 for Hyderabad Metropolitan Region covers an area of around 5965 Sq.Kms., which consists of (a)

Extended area of HMDA of 5018 Sq.Kms.

(b)

Areas covered by Outer Ring Road Growth Corridor i.e.,1 Km belt on either side of ORR (330 Sq.Kms) earlier notified vide GO Ms.No. 470 MA dt: 09.07.2008.

(c)

Areas covered by Part of Erstwhile HUDA Area outside Outer Ring Road Growth Corridor (432 Sq.Kms) earlier notified vide GO Ms.No.288 MA dt: 03.04.2008.

(d)

Areas covered by Part Hyderabad Airport Development Authority Master Plan, outside Outer Ring Road Growth Corridor (185 Sq.Kms) earlier notified vide GO Ms.No.287 MA dt:03.04.2008.

(e)

Areas covered by Master Plan for Bhongiri earlier notified vide GO Ms.No.242 MA dt:11.05.1989.

(f)

Areas covered by Master Plan for Sangareddy earlier notified vide GO Ms.No.32 MA dt:12.01.1988.

The Zoning and Development Promotion Regulations comprise of regulation of development activities by way of zoning regulations, land development regulations and building regulations and form part of the Metropolitan Development Plan-2031 of the Hyderabad Metropolitan Region.

With a view to promoting and regulating development activities in the Hyderabad Metropolitan Region in an effective and efficient manner, the Zoning and Development Promotion Regulations have been made conducive to promoting balanced and sustainable developments. Development Regulations are promotion oriented. They are made simple, unambiguous and incentive-oriented. 57

(a)

Activities are categorized and based on location criteria, road widths and plot sizes criteria. They are structured in such a way that all developments could be promoted and undertaken through public-private partnerships. (b) Emphasis on creating area level infrastructure facilities and amenities. (c) Developments based on incremental or phase wise facilities would also be allowed. (d) The built form criteria have been made simple. The provisions of the Telangana Building Rules, 2012 and their later Amendments would be applicable for the entire Hyderabad Metropolitan region, including the areas covered by the existing Master Plans except as mentioned in this Draft Zoning and Development Promotion Regulations. (e) The Draft Stipulations have been divided in to 4 Sections, viz. ● Section A Zoning and Activities Regulations ● Section B Land Development related stipulations ● Section C Development schemes and circulation network pattern ● Section D Building and site development stipulations. Applicability 1. Section – A - The Land Use Zoning Regulations (i) The Land Use Zoning Regulations shall be applicable for (a) Extended area of HMDA of 5018 Sq.Kms. (b) Area covered by Part of Erstwhile HUDA Area outside Outer Ring Road Growth Corridor in supersession of land use zoning regulations notified vide GO Ms.No. 288 MA dt: 03.04.2008. (c) Areas covered by Master Plan for Bhongiri in supersession of land use zoning regulations notified vide GO Ms. No.242 MA dt: 11.05.1989. (d) Areas covered by Master Plan for Sangareddy in supersession of land use zoing regulations notified vide GO Ms. No.32 MA dt: 12.01.1988. (ii) For erstwhile HADA area outside Outer Ring Road Growth Corridor Land Use Zoning Regulations are applicable as per HADA Master Plan notified vide GO Ms. No.287, MA, Dt.03.04.2008 (iii) For ORRGC area (1 KM on either side of ORR) Land Use Zoning Regulations are applicable as per ORRGC Master Plan notified vide GO Ms. No. 470, Dt. 09.07.2008. ● Section B - Land Development related Regulations. ● Section C - Development schemes and circulation network pattern ● Section D - Building and site development stipulations. ● Section B, Section C and Section D would be applicable to the entire area of the Hyderabad Metropolitan Region except otherwise mentioned in these regulations. 2. No development activity like layout, land pooling scheme, building activity or use of any land shall be permitted unless these are in conformity with the Metropolitan Development Plan land use, circulation network and the zoning of the uses and activities as given in this section and the building site requirements as given in these regulations. 3. These regulations however will not prohibit the continuance of existing uses of lands and buildings that have been lawfully established and have a valid development permission from HUDA/ HMDA/ DTCP prior to the coming into force of the Metropolitan Development Plan and these Zoning and Development Promotion regulations, provided that no expansion of the existing non-conforming use or activity shall be permissible. 4. All the layouts approved by DTCP & HUDA/ HMDA or plots/ layouts regularized by HMDA prior to these regulations and change of land use affected by government in the immediate 58

preceeding notified Master Plan from time to time shall continue to prevail irrespective of the land use zone proposed in the Metropolitan Development Plan -2031. 1. Land Use Zoning Regulations: Section-A Land Use Zone Classifications: The Land Use Zoning Regulations contain the following classification of the broad land use zones: 1.1.1 Residential Use Zone: Residential Zone-1(Urban Areas Contiguous to Growth Corridor): Residential Zone falling within such contiguous urban area, i.e. the area contiguous outside Growth Corridor, wherein the detailed planning of roads and various urban use zones are proposed. Residential Zone-2 (Urban Nodes): Residential Zone falling within non contiguous urban areas, for which the detailed planning of roads and various urban use zones are proposed. Residential Zone-3 (Urban Centers): The remaining other urban centers along with their surrounding areas as earmarked in the proposed Land Use Plan. There is no detailed planning proposed herein presently, and the whole identified centers/areas are assigned Residential Land Use Zone. Residential Zone-4: All the rural settlements- Village Settlement (Gramkantham) and the existing rural built-up area- as earmarked in the proposed Land Use Plan are assigned Residential Zone-4. For all these settlements, an additional 300 M wide belt outside the gramkhantam boundary shall also be considered as Residential Zone-4 to cater the natural expansion of settlements, except in Bio Conservation Zone. Note: The width mentioned above for the area for natural expansion of the Gram Kantham 300 M wide belt outside these rural settlements shall be considered as R4 Zone to cater to the natural expansion of the settlements which is subject to changes as amended from time to time, except in Bio Conservation Zone. 1.1.2. Peri-urban Use Zone: Areas earmarked as Peri-Urban Use Zone, around the identified ‘Urban Areas Contiguous to Growth Corridor’ and ‘Urban Nodes’ in the proposed Metropolitan Development Plan. 1.1.3. Commercial Use Zone: Areas earmarked as Commercial Use Zone and the Commercial Strips in the proposed Land Use Plan. 1.1.4.Manufacturing Use Zone: Areas earmarked as Manufacturing Use Zone in the proposed Land Use Plan only. 1.1.5.Public, Semi-public Facilities And Utilities Use Zone: Areas earmarked as Public, Semipublic Facilities and Utilities Zone in the proposed Land Use Plan, and the sites specifically earmarked for any such public/semi-public use. 1.1.6. Multiple Use Zone: Areas earmarked as Multiple Use Zone in the proposed Land Use Plan, and areas identified for Transit-Oriented-Development, as defined by these regulations. 1.1.7.Recreation And Open Space Use Zone Recreational Use Zone: Areas earmarked as Open Space Recreational in the proposed Land Use Plan, and the sites specifically earmarked as Parks, Playgrounds, and Exhibition Grounds. Open Space Buffer (Around foreshore of water bodies): Areas specifically earmarked as Open Space Buffer around the Water Bodies Use Zone containing various types of existing water bodies. 1.1.8.Water Bodies: Water Body Zone generally indicates all water bodies, i.e. Rivers, Streams, Lakes, Tanks and Kuntas, as indicated in the Revenue Village maps as well as in the topographical sheets published by the Survey of India, or the State Irrigation Department or Revenue Department or other competent authorities. The boundary of the water bodies relate to the Full Tank Level/ High Flood Level as indicated in relevant maps, covering both perennial and non perennial parts when such distinction exists. 59

1.1.9. Forest: All Reserved Forests as notified by the Forest Department. No activity other than forest and greenery is permitted in this zone unless expressly allowed by the Forest Department. 1.1.10. Special Reservations Zone a) Heritage Builidngs and Precints (S1) b) Defense/Military Lands (S2) c) Bio Conservation Zone (S3) d) Others (Any other Special Reservations) (S4) Note: The land use under Water bodies, Green buffer around water bodies, forests and BioConservation Use Zone are designated as PROTECTED ZONE and no change of land use shall be allowed in these categories of land uses. 1.1.11 Conservation (Agriculture) Use Zone: Areas beyond the Peri -Urban Use zone which is almost all over the remaining area of the Hyderabad Metropolitan Region is earmarked as Conservation (Agriculture) Use Zone excluding the R3 Zone (Urban Centers) and R4 Zone, are earmarked in the proposed Land Use Plan. Note: Though the area around the rural settlements (earmarked as R4 Zone) is proposed to be Conservation Zone, a 300 M wide belt outside these rural settlements shall be considered as R4 Zone to cater to the natural expansion of the settlements, except in Bio Conservation Zone and the same shall not be considered to be part of Conservation Zone. 1.1.12 Traffic And Transportation Use Zone a) Roads b) Railways/Railway station c) Bus Depots, Passenger/Freight Terminals d) Airport Transportation: Roads, Railways, Airports: Includes all the major road network are earmarked in the proposed Metropolitan Development Plan and the sites specifically earmarked for related facilities like, roads, railways, airports railway terminus, bus depots, truck terminals, and parking lots and logistics Hubs (Bus Depots and Truck Terminals) and accessory uses/activities. Residential Use Zone 1.2.1 Residential Zone–1(R1), Residential Zone– 2(R2): The various uses permitted and prohibited in Residential Use Zone-1 and Residential Use Zone-2, are as mentioned in the following table. Table 1.1 : Residential Zone 1,2 (R1, R2 ): Uses Permitted and Uses Prohibited

● ● ● ● ● ● ● ●

●

Uses Permitted (I) All types of residential buildings Auditoriums Bakeries and confectioneries Banks Burial-grounds/ Cremation ground Bus depots without workshop Bus stands Cinema halls on plots above 3000sq.mts and abutting road of minimum 18 meters width Clubs

●

Uses Prohibited (II) All other uses not mentioned in Col. I Botanical garden

●

Courts of law

●

● ●

Heavy, large and extensive industries Hospitals treating contagious and infectious diseases

● ●

● ● ●

● ● ● ● ● ●

●

● ● ● ●

● ●

●

● ● ● ● ● ● ● ●

Community centres Computer software units /IT Enabled Services Convenience shopping Customary home occupation/household units Dharamshalas Doctors’ clinics and Dispensaries Educational Institutions like., School, Degree Colleges and Professional Colleges/ Universities. Electrical distribution station Electronic printing press Exhibition and art gallery Fire stations Foreign missions Function halls on plots above 3000 sq.mts and abutting road of minimum 18 meters width Games facilities of local nature both indoor and outdoor Group housing/ Apartment Complexes Guest houses Gymnasium Health facilities with not more than 20 beds Hostels & Boarding houses Hotels on plots of above 2000 sq.mts and abutting road of minimum width of 18 meters Library Motor vehicle repairing workshops/ garages Municipal, state and central government offices Night shelters Parks/ totlots Petrol pumps Plant nursery Police check posts Police stations Post offices Professional offices

●

Indoor games stadium International conference centre

●

Obnoxious and hazardous industries

●

Outdoor games stadium

●

Reformatory

●

Shooting range

●

Slaughter-house

●

Solid waste dumping yards

●

Storage godowns of perishables

●

● ●

hazardous and inflammable goods Storage of gas cylinders

Warehousing Water treatment plant

●

Wholesale mandis Workshops for buses etc.

●

Zoological garden

●

● ● ● ● ●

● ● ● ● ● ●

●

Public utilities and buildings except service and storage yards Religious premises Research institutes Restaurants/eating places Retail shopping centres Showroom for sale & distribution of LPGas Taxi stand/ three wheeler stands Technical training centre Transit visitors camp Water pumping station Weekly markets Informal market (informal sectoractivities) Yoga centres/ Health clinics

1.2.2.Residential Zone–3(R3): The various uses permitted and prohibited in Residential Use Zone-3 are as mentioned in the following table. The maximum height allowed shall be 15 M for residential and 18M for non-residential activities. Table 1.2 : Residential Zone 3 (R3): Uses Permitted and Uses Prohibited Uses Permitted (I) ● ● ● ● ●

All types of residential buildings Auditoriums Bakeries and confectioneries Banks Bus stands

Uses Prohibited (II) ● ●

●

Courts of law Heavy, large and extensive industries Hospitals treating contagious and infectious diseases Indoor games stadium International conference centre Obnoxious and hazardous industries

●

Outdoor games stadium

●

Reformatory

● ● ●

● ● ● ●

● ● ●

●

Community centres Convenience shopping Customary home occupation/ household units Dharamshalas Doctors’ clinics and Dispensaries Electrical distribution station Function halls on plots above 3000 sq.mts and abutting road of minimum 18 meters width Gymnasium Hostel and boarding houses Games facilities of local nature both indoor and outdoor Group housing/ Apartment Complexes

All other uses not mentioned in Col. I Botanical garden

● ●

Shooting range Slaughter-house

● ●

●

● ● ● ● ● ● ● ●

● ● ● ● ● ● ● ● ● ●

Guest houses Educational Institutions like, School, Degree Colleges and Professional Colleges/ Universities Library Motor vehicle repairing workshops/ garages Municipal, state and central government offices Night shelters Parks/ totlots Petrol pumps Plant nursery Police check posts Post offices Professional offices Public utilities and buildings except service and storage yards Religious premises Research institutes Restaurants/ eating places Retail shopping centres Taxi stand/ three wheeler stands Technical training centre Transit visitors camp Water pumping station Weekly markets Yoga centres/Health clinics

● ●

● ● ●

Solid waste dumping yards Storage godowns of perishables, hazardous and inflammable goods Storage of gas cylinders Warehousing Water treatment plant

●

Wholesale mandis Workshops for buses etc.

●

Zoological garden

●

1.2.3. Residential Use Zone- 4 (R4): The various uses permitted in Residential Use Zone-4 (Gramkantham and 300 M wide belt outside Gramkantham. Except in Bio Conservation Zone.) are as mentioned in the following table. The maximum height allowed shall be 10 M for residential and for non-residential activities. Table 1.3: Residential Zone - 4 (R4): Uses Permitted Uses Permitted within existing Gramkantham/existing rural built up area and 300 mtrs outside gramkhantam ● All types of residential buildings ● Banks ● Bus stands ● Clinics, dispensaries, primary health sub centers ● Community centres and social institutions

Uses Prohibited

●

All other uses not mentioned in Col.I

●

● ●

●

● ● ● ● ● ●

●

Customary home occupation/ household units Municipal, state and central government offices Parks and playgrounds Professional Offices/Personal services establishments Public utilities and buildings except service and storage yards Religious places Restaurants/eating places Retail shops Repair service establishments Schools Stables for domestic animals subject to limit of 5 animals on each plot Storage of crop, fodder, manure, agricultural implements and other similar needs

1.3 peri-urban Use Zone: The various uses permitted and prohibited in Peri-Urban Use Zone are as mentioned in the following table. The maximum height allowed shall be 15 M for residential and 18M for non-residential activities. Table 1.4: Peri-Urban Zone: Uses Permitted and Uses Prohibited Uses Permitted (I) ●

● ● ●

●

All types of Residential Buildings with ground coverage not exceeding 25% Bird sanctuary Botanical/ zoological garden Building and structures ancillary to use permitted in open spaces and parks subject to the total ground coverage not exceeding 5% Camping grounds Children traffic parks Commercial use of transit nature like circus Film Studios/ city, having minimum plot area of 10 acres, with ground coverage not exceeding 15% Function halls on plots above 3000 sq.mts and abutting road of minimum 18 meters width Holiday resorts, having minimum plot of 10 acres, with ground coverage not exceeding 10%.

Uses Prohibited (II) ●

All other uses not mentioned in Col.I

●

● ● ● ● ●

● ●

Edcuational Instutions having minimum plot of 10 acres with ground coverage not exceeding 15% Local parks Open air cinemas/ auditoria Outdoor/ Indoor sports stadiums Petrol Pump Picnic huts with built up area not exceeding 5% Playgrounds Public & institutional libraries with total built up area not exceeding 5% of total site Regional parks Restaurants as part of sports, recreational outdoor facilities not exceeding 5% ground coverage

●

Shooting range

●

Specialised parks/maidans for multi-use

●

Sports training centres

●

● ● ● ●

●

● ●

●

● ● ● ● ●

Swimming pools with built up areas not exceeding 5% of total area Water bodies Banks Bus stands Clinics, dispensaries, primary health sub centers Community centres and social institutions Customary home occupation/household units Municipal, state and central government offices Parks and playgrounds Professional Offices/Personal services establishments Public utilities and buildings except service and storage yards Religious places Restaurants/eating places Retail shops Repair service establishments Schools 65

Commercial Use Zone : The various uses permitted and prohibited in Commercial Use Zone are as mentioned in the following table. Table 1.5: Commercial Zone: Uses Permitted and Uses Prohibited Uses Permitted (I) ●

● ●

● ● ● ●

●

● ● ●

● ●

● ● ● ● ● ● ● ● ● ● ●

● ● ●

All uses permitted in R1, R2, R3 Zones (as mentioned in Table 1.1 & 1.2) and uses permitted in R4 Zone (as mentioned in Table 1.3) Bakeries and confectionaries Banks Bus and truck depots Cinema halls and multiplexes Clubs Colleges Computer software units/IT Enabled Services Conference centers Courts Educational Institutions like., School, Degree Colleges and Professional Colleges /Universities. Fire Station Function halls on plots of minimum 3000 sq.m. and abutting road width of minimum 18 m. Gas installation and gas works Godowns and warehousing Guest houses Health facilities with maximum 200 beds Hostel/boarding houses Hotels Junk yards Library Multistoried parking complexes Museum Non polluting non-obnoxious light industries Offices Parking sites Parks/ open space

Uses Prohibited (II) ●

All activities which cause nuisance and are noxious and obnoxious innature

●

Hazardous and extractive industrial units Hospitals/research laboratories treating contagious diseases Reformatory Sewage treatment/disposal sites Slaughter-houses Storage of perishable and inflammable commodities Poultry farm and dairy farm

●

All other uses not mentioned in Col.I

● ●

● ● ● ●

● ● ●

● ● ● ● ● ● ● ● ●

● ● ● ● ●

●

Petrol pumps Police stations/ posts Polytechnic and higher technical institutes Post offices Railway yards/ stations Religious buildings Religious places Repair garages Research institutions Research/ training institute Restaurants Retail shops and retail shopping centers, Shopping Malls Service centres/ garages/ workshops Sports and related facilities Taxi stand/ three wheeler stands Telephone exchange Sports/ stadium and public utility installation Stock exchange/ Financial institution

Note: Special Commercial Belt along all Highways, Ring Roads, Radial Roads and Expressways (Up to a depth of 90 M after proposed Right of Way of road) wherever indicated on the plan; are conditional. These shall be permitted subject to the following conditions: a) Handing over of land to concerned authority for widening of road up to the proposed width with free of cost through registered gift deed. b) Developing the service road with applicant own cost. c) Access from property to road only through service road. 1.5. Manufacturing Use Zone 1.5.1 Manufacturing Use Zone : The various uses permitted and prohibited in Manufacturing Use Zone are as mentioned in the following table. Table 1.6: Manufacturing Zone: Uses Permitted and Uses Prohibited Uses Permitted (I) ●

● ● ●

All kinds of non-obnoxious and non hazardous industries as per the list maintained by AP Pollution Control Board Animal racing or riding stables Banks and financial institutions Bus depot and workshop

Uses Prohibited (II) ●

● ● ●

All types of hazardous and obnoxious industries

All other uses not mentioned in Col I Hotels and Hostels Residential dwellings other than those essential for operational and watch and ward staff 67

● ● ● ●

● ● ● ● ●

● ● ● ●

Bus terminal Cemeteries Cold storage and ice factory Computer software units/IT Enabled Services Dairy and farming Electric power plant Gas godowns, godowns & warehousing Gas installations and gas works Government/semi-government/private business offices Health facilities incidental to main uses Helipads Junkyards Loading and unloading spaces Obnoxious and hazardous industries except storage of perishable and inflammable goods Parking of vehicles Parks and playgrounds Public utilities Religious buildings Residential buildings for essential staff and for watch and ward Restaurants Service stations & repair garages Sewage disposal works Sports/stadium/playgrounds Storage and depot of non-perishable and non-inflammable commodities and incidental use Taxi stands Warehousing Wholesale business establishments Workshops/garages

● ●

Schools and colleges All other uses not mentioned in Col.I

1.5.2 Work Centers: Work Centers Land use is proposed in HADA Master Plan and Development control regulation is applicable as per HADA Master Plan. 1.6 Public, Semi-public Facilities Use Zone 1.6.1 Public, Semi-public Facilities And Utilities Use Zone : The various uses permitted and prohibited in Public, Semi-public Facilities and Utilities Zone are as mentioned in the following table.

Table 1.7: Public, Semi-public Facilities and Utilities Zone: Uses Permitted and Uses Prohibited Uses Permitted (I) ● ● ● ● ● ● ● ● ● ●

●

● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ●

● ● ● ● ● ● ●

Dispensary Exhibition centre Fire station/fire post reservation Function hall Guest house Health/primary center Helipad and hazardous industries Hospital Hostel Hotel on plot above 1000 sq.mt and uses not specifically permitted herein Educational Institutions like., School, Degree Colleges and Professional Colleges/Universities. Jail L P Gas Godown Library Monument Museum/art gallery Offices Open air theatre Petrol pump Police station/police post Polytechnic college Post office Public utilities and buildings Radio transmitter and wireless station Railway station/yard Religious building/center Research and development center Residential plotted or group housing for staff/employees as incidental to the main use Retail shopping centre School Service station Sewage disposal works Social and cultural institutions Social and welfare centers Telecommunication centre

Uses Prohibited (II) ● ●

● ● ●

● ●

● ● ●

All other uses not mentioned in Col I Any other use other than the specific Dairy and poultry farms Farm houses Heavy, extensive and other obnoxious

Junk yards Processing and sale of farm products Slaughter houses Wholesale markets Workshops for servicing and repairs

● ●

● ● ●

Telephone exchange Universities and specialized educational institutions Warehouses/storage godown Water supply installations Water supply, drainage, storm water, solid waste disposal, electricity, communication system and related installations, parking lots, public utility buildings

1.6.2.Public Utilities:Public utilities Land use is proposed in HUDA Master Plan and Development control regulation is applicable as per HUDA Master Plan. 1.6.3.Amenities : Amenities Land use is proposed in ORR Master Plan and Development control regulation is applicable as per ORR Master Plan. 1.7. Multiple Use Zone 1.7.1 Multiple Use Zone : The uses permitted and prohibited in Multiple Use Zone are as mentioned in the following table. Table 1.8: Multiple Use Zone: Uses Permitted and Uses Prohibited Uses Permissible (I) ●

All activities/uses permissible as in Residential Use zone, Public & Semi Public Use Zones, peri urban use zone, recreational use zone and Commercial use zone

Uses Prohibited (II) ●

●

All types of Manufacturing,obnoxious and hazardous industries All other uses not mentioned in Col I

Multiple use zone is also allowed on plots 4000 Sq.Mtrs., and above and abutting proposed road width of 30 m and above provided the area is earmarked for R1, R2 or Commercial Land Use. 1.7.2 Special Development Zone (Multipurpose Use Zone): SDZ Land use is proposed in ORR Master Plan and Development control regulation is applicable as per ORR Master Plan. 1.7.3 Central Square: Central square Land use is proposed in HADA Master Plan and Development control regulation is applicable as per HADA Master Plan. 1.7.4 General Development Promotion Zone (Gdpz): GDPZ is proposed in HADA Master Plan and Development control regulation is applicable as per HADA Master Plan. 1.8.Recreation And Open Space Use Zone 1.8.1Recreation Use Zone: The various uses permitted and prohibited in Open Space Recreational are as mentioned in the following table. Table 1.9: Open Space Recreational: Uses Permitted and Uses Prohibited Uses Permitted (I) ● ● ●

Bird sanctuary Botanical/zoological garden Building and structures ancillary to use permitted in open spaces and parks subject to the total ground coverage not exceeding 2%

Uses Prohibited (II) ●

●

Any building or structure which is not required for open air recreation

Dwelling units except for watch and ward

● ● ●

●

● ● ● ●

● ●

● ● ● ●

Camping grounds Children traffic parks Commercial use of transit nature like circus Film Studios/city, having minimum plot area of 10 acres, with ground coverage not exceeding 10% Holiday resorts, having minimum plot area of 10 acres, with ground coverage not exceeding 5% Local parks Open air cinemas/auditoria Outdoor sports stadiums Picnic huts with built up area not exceeding 2% Playgrounds Public & institutional libraries with total built up area not exceeding 2% of total site Regional parks Restaurants as part of sports, recreational outdoor facilities not exceeding 5% ground coverage Shooting range Specialised parks/maidans for multi-use Sports training centres Swimming pools with built up areas not exceeding 2% of total area

●

All other uses not mentioned in Col I

Note: On sites specifically indicated as parks, playgrounds, no other activity except the specified use shall be allowed. 1.8.2.Open Space Buffer Use Zone (Around Foreshore of Waterbodies): No construction is permitted in the Open Space Buffer (buffer belt of minimum 30 meters around the Full Tank Level of existing water bodies), except for fishing, boating, and picnics along the banks provided that only construction allowed is open to sky jetties for boating, platforms for fishing. 1.8.3.Himayath Sagar Afforestation Zone : Himayath sagar afforestation zone is proposed in HADA Master Plan and Development control regulation is applicable as per HADA Master Plan. 1.9.Water Bodies (Rivers, Nalas, Reservoirs And Kuntas) : a) In water body zone no construction is permitted. b) No building/development activity shall be allowed in the bed of water bodies like river, or nala, and in the Full Tank Level (FTL) of any lake, pond, cheruvu or kunta/ shikam lands. c) The above water bodies and courses shall be maintained as recreational/Green buffer zone, and no building activity other than recreational use shall be carried out within I. 30 meters from the boundary of Lakes of area 10 Ha and above; II. 9 meters from the boundary of lakes of area less than 10 Ha/kuntas/shikam lands III. 9 meters from the boundaries of Canal, Vagu, etc. IV. 2 meters from the defined boundary of Nala. 71

The above shall be in addition to the mandatory setbacks Unless and otherwise stated, the area and the Full Tank Level (FTL) of a lake/ kunta shall be reckoned as measured or given in the Survey of India topographical maps/ Irrigation Dept/Revenue records. 1.10 Forest Zone: No activity other than forest and greenery is permitted in this zone unless expressly allowed by the Forest Department. 1.11 Special Reservations Zone 1.11.1 Heritage Buildings And Precincts (S1): The Heritage Regulations issued vide GOMs No. 542, MA dated 14-12-1995 and other relevant orders/amendments issued by the Government from time to time shall be applicable. In notified Heritage Buildings and Heritage Precincts and ‘Heritage Buildings and Areas’ as earmarked in Master Plan, it is necessary to obtain specific clearance from HMDA, after consultation by Heritage Conservation Committee before undertaking certain kinds of development and redevelopment as specified by the Government or issued as specific guidelines. Special exemption from land use controls are allowed subject to approval from the Government in the interest of conservation of the Heritage Buildings and Heritage precincts. 1.11.2 Defense/Military Lands (S2): Defense/ Military Lands are lands under occupation of the Defense Services or otherwise earmarked for defense services. These cannot be put to other uses. The areas covered by Defense lands and certain adjoining areas as may be specifically notified, may be subjected to restrictions on constructions or on the use of lands in the interest of safety and security of the defense services or the civil population living in the contiguous areas. 1.11.3 Bio Conservation Zone (S3): The developments in the Bio Conservation zone shall be strictly in accordance with the provisions of G.O.Ms.No.111 M.A dated 08-03-1996, and as per the regulations/stipulations issued by the Government from time to time. 1.11.4 Others (Any Other Special Reservations) (S5): Any other Special Reservations specifically earmarked in Master Plan, is allowed to be used only for the uses specified therein. 1.12 Conservation (Agriculture) Use Zone: The various uses permitted and prohibited in Conservation Zone are as mentioned in the following table. Table 1.10: Conservation Zone: Uses Permitted and Uses Prohibited Uses Permitted (I) Uses Prohibited (II) ● Agriculture ● Residential use except those ancillary ● Agro based cottage industries without uses permitted in agricultural use zone use of power subject to 1% ground coverage ● Brick tiles and pottery manufacture ● All other uses not mentioned in Col.I in temporary buildings only ● Dwellings and ancillary buildings for the people engaged in the farm (rural settlement) subject to a maximum ground coverage of 1% with minimum land extent of one hectare ● Electric power plant ● Golf clubs and links ● Horticulture, floriculture, forestry ● Milk chilling stations and pasteurization plants ● Mining 72

● ● ● ●

●

● ●

● ● ●

Petrol and other fuel filling stations Poultry and dairy farm Public utilities Quarrying/mining subject to APPCB Clearance Sewage disposal works and public utility facilities Storage and drying of fertilizer Storage, processing and sale of farm produce Transport and communication facilities Village settlement expansion Warehouses/ Godowns.

Traffic And Transportation Use Zone:The various uses permitted and prohibited in Transportation and Communication Zone are as mentioned in the following table. Table 1.11: Traffic and Transportation Zone: Uses Permitted and Uses Prohibited Uses Permitted (I) ● ● ●

● ● ● ● ● ●

● ● ● ●

●

● ●

● ● ●

Accessory and support shopping activity Airports-buildings and infrastructure Any other use/activity incidental to transport and communication activity Banks Booking offices Goods terminals Hotels Motor garage Railways–Passenger and Freight Terminals. Observatory and weather office Parking areas/buildings Radio and television station Repair and repair shop and facilities such as night shelter Residential dwelling units for essential staff and watch and ward Restaurants Road transport terminals (bus terminals and depots) Truck terminal Wireless station Workshop

Uses Prohibited (II) ●

All other uses not mentioned in Col.I

Note: Special Reservations specifically earmarked in Master Plan, is allowed to be used only for the uses specified therein. 73

SECTION -B 2. Land development stipulations Types of land development permitted: Unless and otherwise stated or exempted by assemblage and development would be promoted, manner the Metropolitan Commissioner, HMDA land facilitated and approved in any of the following (a) Land Pooling or Area Development Schemes. (b) Layout development Schemes (c) Group Housing Schemes (d) Group development schemes (e) Township development (f) SEZ development (g) Development Schemes & Special Projects under the HMDA Act,2008 (h) Individual plot sub-division/individual plot or plots Amalgamation Application through Licensed Developer Mandatory: (a) Land for development for a, d, e, f & g shall be permitted only in case such a Scheme or project is undertaken through a licensed developer. (b) Land assemblage scheme/layout development may be permitted for residential, commercial, industrial, institutional, recreational, truck terminal/traffic node and other activities like SEZ, Corporate Townships, Integrated townships development, Special Projects and the like, subject to the compliance of these regulations and development specifications. (c) Individual plot sub-division/Amalgamation would be allowed only in case of plots forming part of approved Land Pooling Schemes or layouts approved by the Metropolitan commissioner. Ownership aspects: The applicant shall be solely and severally responsible for the ownership aspects including the boundaries of the site for development applied for. Fees and Charges: The Processing Fees and Other Charges shall be levied as prescribed from time to time by Metropolitan Commissioner, HMDA. (a) Levy of penal fees and charges: For the development works/construction commenced or completed without obtaining valid approval, penal fees and charges shall be applicable as prescribed by Metropolitan Commissioner from time to time subject to such construction is within the prescribed rules and regulations. (b) Site to be part of valid approved layout/Scheme plan: No permission for building shall be considered by the sanctioning authority unless such site is part of a valid approved layout or Scheme or is got regularized from the competent authority. In case of sites or plots not conforming to (1) above, the metropolitan Commissioner may either refuse or approve with levy of proportionate layout charges and other fees as prescribed. Development of green layouts and green development (optional): The applicant opting for Development of Green Layout and Green Development as per the norms prescribed below shall be entitled for 25% concession in the processing fee. The various environmental planning and design measures that need to be adhered during the sustainable development of layouts are outlined as under: (a) Layout planning & design as per solar geometry – Land assemblage and developments to follow solar geometry and lay plots with longer dimension facing North and South (with a maximum deviation of 5 degree off north) and shorter dimensions facing East and West. 74

(b)

(c)

(d)

(e)

(f)

(g)

(h)

Eco-friendly transportation on-site - Adequate provision for bicycle tracks, shaded footpaths for sites equal to or more than 50 acres in size. Provide cluster layouts instead of linear layout to reduce vehicular lengths. Provisions for battery charging facilities in sites over 50 acres @ one in 50 cars parked. Energy efficient street lighting – 50-100% of outdoor lighting should be met with solar photovoltaic or in combination with other renewable sources of energy, i.e., bio-mass, fuel cell, wind etc. The outdoor lighting must be provided with micro-controller based time switch. Provision for minimum local amenities – Basic amenities such as grocery store, pharmacy, ATM, park should be located within 500m radius of any large residential/commercial development. If basic amenities are not available, space has to be provided to include them within the site. Conserving site vegetation – Land assemblage and developments should conserve existing site vegetation and pockets of microhabitats. Existing trees should be protected where ever possible. Provisions defined to protect site vegetation retained on site during construction as described in NBC and MoEF manuals. Conserving site geology – All rock formations on site need to be integrated into the layout design where ever possible taking adequate measures for stabilisation. Native flora, fauna and existing in rock clusters should not be disturbed but integrated into the layout design where ever possible. Soil conservation and erosion control – Measures need to be taken before the commencement of site preparation activities in order to conserve topsoil, reduce erosion and soil pollution through site demarcation measures, spill prevention measures and temporary drainage channels with sedimentation basins. Adherence to site contours – No disturbance, grading of land or stripping of vegetation shall be permitted on slopes of 25% or steeper. Any proposed disturbance for roadway crossings or utility construction shall require variance application and approval. Roads and driveways shall follow the natural topography to the greatest extent possible to minimize the cutting and grading of critical slope areas.

(i)

Integrated approach for Sustainable Urban Drainage System (SUDS) – Sites with areas less than 10000 sq. mtrs shall implement rain water harvesting and SUDS source control and infiltration instruments such as infiltration trenches, infiltration basins, green roofs, permeable paving, etc. Larger sites (areas greater than 10000 sq. mtrs.) shall implement other SUDS techniques integrated with the smaller techniques wherever applicable. Open sites, i.e., sites where construction development has not yet been planned shall also implement SUDS/ storm water drainage so as not to allow water logging.

(j)

Water conserving landscaping – Land assemblage and developments with no grey water or waste water treatment or rainwater collection, no more than 25% to be covered by lawns, exotic or ornamental plants, lawn areas should not have a slope of greater than 25%. At least 50% of the total landscaped area in the site should use water conserving vegetation such as Native species or xeriscape and at least 40% water savings should be achieved in all sites with vegetated area > 50sqm by using efficient irrigation equipment.

(k)

Water recycling & reuse – If a site does not have access to a public sewer line and discharges waste water, an appropriate waste water treatment system should be installed and at least 75% of the total treated water should be reused on site. If a site has access to a public sewer line, grey water reuse potential of the site need to be assessed. If potential savings on potable water exceeds 20%, an appropriate grey water treatment system is recommended and at least 80% of the total treated grey water should be reused on-site. 75

(l)

Provisions for rainwater harvesting on-site – all Land assemblage and developments with a water saving potential of less than 10% of their potable water demand from rainwater collection should divert roof top and water from open areas into a percolation pit. Percolation pits should be sized appropriately and maintained regularly.

(m) Zero discharge of waste water and storm water from site – All large developments (>50 acres site area) must adhere to ‘Zero Discharge’ of treated waste water and storm water outside site limits. (n)

Operation & maintenance requirement for decentralized WWTS – All decentralized waste water treatment systems (WWTS) should employ qualified personnel to operate and maintain the system. The personnel involved in operation and maintenance should be a full time employee and maintenance and operation (M&O) contract should be signed with a waste water management company for its provision.

(o)

Provisions for safe disposal of unused treated waste water – Treated unused waste water to be disposed directly on ground for ground water recharge, used for irrigating nearby community parks, Construction activities, into a sewer line or a storm water drain or a lake, stream, pond or other surface water bodies.

(p)

Reducing storm water runoff and heat island effect through permeable paving – Total paved area of the site under parking, roads, paths, or any other use should not exceed 25% of the un-built site area or net imperviousness of the un-built site should not go beyond the imperviousness factor as prescribed by the NBC, whichever is more stringent.

(q)

Reduction of outdoor light pollution–Fixtures and fittings used for external lighting to be a minimum of 4 stars BEE rated. Provide for control devices on at least 50% of all the installed lighting fixtures. Use low albedo and rough surfaces around the luminaire to ensure that less light is reflected in the surroundings. (r) Provisions for waste management on-site –Land assemblage and developments should have a place allocated for sorting domestic waste and treating organic/ biodegradable waste through composting. This space should have vehicular access and protected from wind and rain. Commitment and responsibilities on part of Applicant: The applicant shall: 1. Give an Undertaking to the sanctioning Authority on Rs. 100 Stamp paper and notarized with respect to. a) He will abide by the development conditions, tentatively approved layout and circulation pattern b) Compliance of development works, adhering to the tentatively sanctioned plan c) Will not undertake development that would alter/ adversely affect the topography, natural drainage of the area and surroundings. 2. The applicant who has been given tentative approval and the technical personnel shall be wholly and severally responsible for the quality of workmanship of the building/ layout development works, and/ or structural safety of the buildings and for ensuring safety during the construction/ development works, and for complying with the conditions laid down in these Rules and the approved plans/drawings. 3. In the case of any urban land development site or application, the applicant shall incorporate all Master Plan road network, and specific land uses and amenity areas like recreational buffer zone/ Sector level open space and amenity space and shall develop the Master plan roads as part of the urban land development at his cost. However, such area of Master Plan road alignment/recreational buffer zone/ Sector level open space and amenity space shall 76

be deducted from the total site area of the urban land development. The proposals of the Scheme and the land utilization analysis would be taken on the remaining net area, and no fees and development charges and other charges are leviable for such Master Plan reservation areas and Master Plan circulation network. Licensing of developers and other personnel mandatory: All urban Land assemblage and developments excepting individual plot sub-division/amalgamation applications shall be undertaken through licensed developer and other qualified technical personnel only. All the development works shall be undertaken through approved and standard practices and specifications. The work of the building services like sanitation, drainage, plumbing , fire safety requirements, lifts, electrical installations, cabling network, gas network, water harvesting, waste water recycling, landscaping, greenery and other utility services shall be executed as per approved and standard practices and specifications and under the planning, design and supervision of qualified and competent technical personnel. Land development by Public agencies: The provisions of these Rules shall mutatis mutandis apply to the urban land development schemes and projects of public agencies. However, the Metropolitan commissioner shall give a one-time clearance/approval to the public agency with the responsibility of developing the scheme with all facilities and amenities as per standards and specification specified in these regulations and maintaining the same, monitoring and compliance solely resting with the public agency. Responsibilities of the local bodies i.e., Panchayats and Municipalities in the Metropoitan Region: The local body shall be primarily responsible for the following aspects of development: (a) Shall ensure that the building permission activity is in accordance with the urban land development layout approved plans; (b) Where building permission is to be given by the local authority, ensure that these are in accordance with the urban land development layout approved plans (c) Where there is a deferred fee and charges payment condition in the urban land development layout approved plans, levy and collect these at the time of approving the individual building permissions. (d) Take immediate action on deviations and unauthorized constructions and layout developments as per their respective laws; (e) Take action to arrest unauthorized constructions and unauthorized layout developments (f) Not allow conversion of existing building/ premises for local shops or other activities unless the same are in conformity with the master Plan provisions. (g) Comply with the instructions and directions of the Metropolitan Commissioner in the matters of development promotion and regulation/ Master Plan implementation aspects. Limitations of Approval given: Grant of Land Development Permission by the Metropolitan Commissioner shall not mean acceptance of correctness, confirmation, approval or enforcement of and shall not bind or render the Metropolitan commissioner or the Authority liable in any way in regard to: (a) Title or ownership of the site or building (b) Easement Rights and boundaries of the site. (c) Variation in area from recorded areas of plot or a building or on ground (d) Structural Reports and Structural Drawings (e) Workmanship and soundness of structure, materials used, (f) Quality of building services and amenities in the construction of building (g) Location and boundary of plot/ site (h) Other requirements or licenses for the site/ premises or activity under various other laws. 77

Responsibilities of supervision: The responsibilities of regular supervision and ensuring that development works and civil constructions works are being undertaken in accordance with the approval given and as per standards and specifications shall lie individually, jointly and severally with the licensed developer and other licensed technical personnel. Breach of the same would invite prosecution, penalties as well as debarment from professional practice in the Hyderabad metropolitan Region. Registration of approved layout: Registration of approved layout plans/approved urban land development plans mandatory and registration of plots only as per registered layout/urban land development plan. It shall be the responsibility of the Registration department to ensure that plots are disposed by way of registration as per the registered approved land assemblage and development plan only. No plot shall be registered by the Registration department if it is not in accordance with the said registered approved land assemblage and development plan and all registrations shall be verified and cross-checked with the said registered plan. Layout Requirements and Development standards 1. Layout plan approval would be considered for a) Residential b) Non Residential/Mixed c) Industrial types of developments, subject to the following requirements of layout site: 2. The proposed layout or development conforms to the Statutory Master plan and the rules/ regulations and conditions governing such development requirements 3. All facilities and services like roads, storm water drainage, water supply, electricity, landscaping and greenery, rainwater harvesting structures, and provisions of other public utilities, are provided and developed; 4. Zoning and location requirements are complied with the obligations and conditions for implementation of the Statutory Master Plan roads and other communication network system and the area of land so affected is surrendered free of cost to HMDA after development. 2.14 The Owner Of Any Land Or Groups Of Owners/ Developers Who Intend To Sub divide Or Layout The Land In Such Areas Into Building Plots Shall: 1. Apply along with a licensed developer to the Metropolitan-Commissioner, HMDA in prescribed format for necessary layout permission as prescribed and in accordance with these Regulations; 2. Apply with copies of necessary ownership documents, certified Revenue sketches, etc of the site; 3. Carry out the layout development works as per specifications and standards. 4. The owner and licensed developer are required to mortgage 15% of the saleable land to HMDA as surety for carrying out the developments and complying other conditions in the given time period, in the failure of which, the HMDA shall be empowered to sell away the mortgaged plots and utilize the amount so realized for completing the development works. In such an eventuality the developer his associates and the engineer/architect shall be black-listed and not be allowed to undertake development works in the HMDA area. 2.14.1 Minimum Area & Other Requirements For Layout Development: 1. The minimum area for layout development shall be 1 acre. However, the layout owners/ developers have to pay differential development charges as specified below: a) 1.75 times of the prevailing development charges in respect of layouts between 1 acre to below 5 acres. b) 1.5 times of the prevailing development charges in respect of layouts between 5 acres to below 10 acres. (Amended vide Go Ms No. 102 MAUD Dated 28-08-2015) 78

Out of the total area, 10% of the land shall be set apart for open spaces for recreation and community purposes. This will also include upto 2.5% land required to be set apart for social infrastructure. 2. From the developable area, 5% of area is to be given to Hyderabad Metropolitan Development Authority free of cost for capitalization towards provision of Master Plan facilities. This condition is applicable only to sites located outside Greater Hyderabad Municipal Corporation limits. The owner/developer has the option of paying 1.5 times the basic value of such land to Hyderabad Metropolitan Development Authority in lieu of such land to be given to Hyderabad Metropolitan Development Authority. 3. Deleted as amended vide Go Ms No.10 Dated 05-01-2016 MAUD 4. Deleted as amended vide Go Ms No.10 Dated 05-01-2016 MAUD 5. Residential enclaves or gated community may be permitted only if a through public road of 12 mtrs width is developed at the periphery for the convenience of accessibility of other sites and lands located in the interior. 2.14.2 OTHER REQUIREMENTS: 1. The owner shall be entitled to dispose of the non-reserved sites and non-mortgaged sites either as plots or as developed houses/buildings. 2. The Metropolitan-Commissioner, HMDA shall have the discretion of grouping the areas surrendered for EWS Housing at one place or elsewhere and disposing the area earmarked for EWS in the layout as normal building plots. 3. Residential enclaves or gated community may be permitted only if a through public road of width 12 m (40 ft.) is developed at the periphery for the convenience of accessibility of other sites and lands located in the interior as per G.O.Ms.No.168 MA dt:17.04.2012. Hierarchy and width of roads required in Land assemblage & developments: The width of the internal roads in a land assemblage and development for different purposes shall be regulated as follows: Road length Width of road Width of road for Other requirements (in Mt.) for normal commercial, Group residential Housing, industrial, other plot/use non-residential plot/use (in mt.) or for mixed use (in mt.) Up to 300 9.00 12.00 Utilities and services to be underground and located preferably under the footpaths and not under the main carriageway Above 300 & 12.00 15.00 -Doup to 500 500 & less 18.00 18.00 -Do- & mountable Road than1000 divider essential 1000 and 36.00 36.00 Median and Service road develabove opment essential;Utilities and services to be underground and located preferably on service roads and under the footpaths and not under the main carriageway 79

2.14.3 Splay At Road Junctions: 1. Splay at road junctions shall be provided as prescribed below: (a) 3.0 mt x 3.0 mt offset/ splay if the width of the road is 9.00 mt or less; (b) 4.5 mtx 4.5 mt. offset/ splay if the width of the road is above 9.00 mt but less than 18 meter. (c) 6.0 mtx 6.0 mt. offset/ splay if the width of the road is more than 18 mt in width (d) The area of such splay would be deemed to form an integral part of the road junction. Compliance of development works: All approved Land Pooling Schemes and Layouts would be allowed to be developed in two categories and graded accordingly, viz., 1. Grade I: Applicable for all R1 and R2 zones and in Residential Land Use in the notified Revised Master Plan for erstwhile HUDA area inside the ORR Growth Corridor viz., development works with all infrastructure facilities developed, i.e. (a) Levelling with suitable gradient and formation of all roads with proper sub-surface and camber, kerbed stones, metalling of the carriageway, side drains/gutters and central medians (for roads 18 mts and above). (b) Black topping or developing the carriageway with cement concrete (as per BIS Code of Practice) of all roads including the main approach road up to the nearest existing public road. (c) Development of drainage and channelization of nalas for allowing storm water run-off. These may be channelized in accordance with the drainage and width requirements and in such a way as to conserve or harvest the water in nearest water body or public open space, etc. (d) Undertake street lighting and electricity facilities; (e) Provision of independent sewerage disposal system and protected water supply system including OHT and sumps. These shall be in exclusive area over and not part of the mandatory open spaces; (f) Undertake underground ducting of all utilities and services lines either under the footpaths or central median of the roads as the case may be with proper provisions at junctions and crossings, etc. (g) Undertake greenery in the Scheme/layout including avenue plantation, in public open spaces as per norms prescribed with a view to enhancing the environmental quality; (h) Construction of low height compound wall with iron grill to the open spaces and handing over the open spaces to Metropolitan Commissioner, HMDA along with other spaces as specified in Regulation 23, free of cost and through Registered Gift Deed. 2. Grade II: Applicable for all R3 and R4 Zones and Peri-Urban Land Use in the Hyderabad metropolitan region with provisions of incremental development works in phased manner, viz., (a) Levelling with suitable gradient and formation of all roads with sub-surface, kerb stones and footpaths, metalling of the carriageway, side drains/gutters and central median (for roads 18 mts and above). Black topping/ Cement Concreting of only the main road carriageway as well as the approach road up to the nearest existing public road shall be black topped. (b) Development of drainage and channelization of nallas for allowing storm water runoff. These may be channelized in such a way as to conserve or harvest the water in nearest water body or public open space, etc. (c) Undertake street lighting and electricity facilities; 80

(d)

Provision of sewerage disposal system and protected water supply system which may be individual or common. These shall be in exclusive area over and not part of the mandatory open spaces; (e) Undertake greenery in the Scheme/ layout including avenue plantation, in public open spaces as per norms prescribed with a view to enhancing the environmental quality; (f) Construction of low height compound wall with iron grill to the open spaces and handing over the open spaces to the Executive Authority of the local body free of cost and through Registered Gift Deed. 3. However, the above Grade II does not mean that a developer in far flung area cannot undertake development as per Grade I standards and specifications if he so chooses. The licensed developer/owner while advertising/disposing the plots/blocks shall clearly state the above status or category of the Land Pooling Scheme/layout development with breakup of infrastructure costs. In the case of Grade II development the pricing shall clearly mention the infrastructure facilities provided and assurance of the time frame for completion of the full infrastructure facilities required. Group Housing Schemes/ Group Development Schemes: In respect of Group Housing Schemes/ Group Development Schemes (which include apartment block/blocks, row housing, cluster housing, mixed housing units, gated developments and residential enclaves) in sites 4000 Sq.M and above, out of the total site area, the developer shall set apart 3% of the land and give to Hyderabad Metropolitan Development Authority free of cost of capitalization towards provision of Master Plan facilities. This condition shall apply only to sites located outside Greater Hyderabad Municipal Corporation limits. The owner/ developer has the option of paying 1.5 times the basic value of such land to Hyderabad Metropolitan Development Authority in lieu of such land to be given to Hydrabad Metropolitan Development Authority. Such type of developments shall be in accordance with the provisions of the Andhra Pradesh Building Rules, 2012 issued vide G.O.Ms.No.168 MA dt:07.04.2012 and G.O.Ms.No.245 MA dt:30.06.2012 and amendments made from time to time. 2.18. Land Pooling and Area Development Schemes: Land Pooling Schemes may be undertaken either by public authority or licensed private developers, provided the area of such a Scheme is not less than 20 Hectares. These shall apply to all new areas and greenfield sites. These shall be subject to the following: (i) The lands covered by such land pooling scheme shall be contiguous and approachable by an existing black-topped road of 18 mts (60 feet) – where such a road does not exist the developer shall first provide for the same at his own cost; apply with copies of necessary ownership documents, Revenue sketches, etc. of the site; (ii) A Joint Undertaking between the owners, licensed developer, qualified technical personnel for provision and compliance of the services and facilities (iii) Apply to the Competent Authority for necessary development permission as prescribed and in accordance with these Regulations; (iv) Carry out all the development works and facilities as per specifications and standards. (v) The owner and licensed developer are required to mortgage 15% of the saleable land to HMDA as surety for carrying out the developments and complying other conditions in the given time period, in the failure of which, the HMDA shall be empowered to sell the mortgaged plots and utilize the amount so realized for completing the development works. In such an eventuality the developer his associates and the engineer/ architect shall be black-listed the not be allowed to undertake development works in the HMDA area. (vi) The owner shall be entitiled to dispose off the non-reserved sites and non-mortgaged plots. 81

(vii) Guidelines and specific conditions issued by the HMDA for undertaking the land pooling and area development schemes from time to time shall apply. 2.19. Sub-division/ Amalgamation of plots permission: Upon application to Metropolitan Commissioner, HMDA from the final plot owners or successor-in-interrest of a final approved Land Pooling Scheme; sub- divison of plots/amalgamation of plots may be permissible by Metropolitan Commissioner, HMDA. These shall be considered without again insisting on open space.However, space for public utilities may be separately insisted. 3. Development Schemes & Circulation Network Implementation Section - C Development Schemes under HMDA Act, 2008: 3.1 Development Scheme means a scheme of development provided for, and represented by the provisions of Section 28 of the Act undertaken/ promoted/approved/ facilitated by the Metropolitan-Commissioner, HMDA to sub serve the objectives of the statutory plan or improvement of the metropolitan area or local area needs. Guidelines and specific conditions issued by the HMDA for undertaking Development Schemes and Circulation Network implementation from time to time shall apply. 3.2. Requirements for SEZs and Township Development: The norms of Land Pooling Schemes shall mutatis mutandis apply to SEZ and other Special projects. The Metropolitan Commissioner may insist on any other specific conditions while approving the plans for such projects. In respect of Integrated Township Development in Conservation (Agriculture) Land Use Zone in the Metropolitan Region by group of owners/developers the minimum area shall be 100 hectars (250Acres) and the site approachable by an access road of 80ft wide. Specific guidelines and conditions for development of integrated townships shall be prescribed by HMDA with the approval of the Government. 3.3. Incentives for road widening and new link roads (a) TDR for areas affected and surrendered for road widening: For the land surrendered for road widening free of cost as per the revised master plan, the TDR applicable will be as per the provisions of the Telangana Building Rules, 2012. (b) In case of surrendering land free of cost for formation of new link roads, the land owner will be entitled to adjust basic value of the land as per registration department for the land surrendered free of cost towards city level impact fees to be paid for the project proposed in the same premises/site. If the owner utilizes this facility, he shall not be entitled for other concessions, such as relaxation in setbacks, TDR etc. (c) Extra floors for air rights: Any land owner who surrenders land voluntarily for link roads, connecting link, missing link between two major/ critical roads for providing a minimum of 09 mtr. opening in his site to link the road which passes under the built structure like a tunnel - the owner shall be allowed air rights to build over the road link to the extent of his site, subject to mandated public safety and fire safety requirements and compliance to heritage regulations and road geometrics as per standards. (d) The owner and licensed developer/builder shall incorporate in building plan/ group housing scheme all master plan specific land uses and amenity areas like recreational buffer zone/ sector level open spaces, amenity space, road network etc., and shall develop them at his cost. However such area of master plan road, recreational buffer zone/sector level open space and amenity space shall be deducted from the total site area. The proposals of the scheme and the land utilization analysis would be taken on the remaining net area, and no fees and development charges and other charges are leviable for such master plan reservation areas and master plan circulation network. 82

Power to delegate: The Metropolitan Commissioner may delegate any of the powers vested in him to any officer or Committee or functional agency to act, approve and or implement the above on his behalf. Power to remove difficulties: Redressal of any grievance or difficulty in implementation of these Land Assemblage and development stipulations shall vest with the Metropolitan Commissioner of HMDA. Instructions/Guidelines by Government: The owners/licensed developer and the Metropolitan commissioner shall comply with any instructions/guidelines issued by the Government for effective implementation of Land Assemblage and development from time to time. SECTION – D 4. Buildings & Site Stipulations :The provisions of the Telangana Building Rules, 2012 issued vide G.O.Ms.No.168 MA dt: 07.04.2012 and it’s amendments issued by the Government from time to time shall apply to all building activity in the Hyderabad Metropolitan Region except other wise mentioned in this Zoning and Building Regulations. B. SAM BOB Principal Secretary to Government

6-A MA&UD Department–Hyderabad Metropolitan Development Authority- Minimum area for Layout development-1 Acre -Orders- Issued. GO MS.No. 1. 2. 3. 4. 5. 6. 7. 8. 9.

MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT (I1) DEPARTMENT 102 Dated: 28.08.2015 GO Ms. No. 439, MA & UD (I1) Dept., Dt: 13.06.2007. GO Ms. No. 287, MA & UD (I1) Dept., Dt: 03.04.2008. GO Ms. No. 288, MA & UD (I1) Dept., Dt: 03.04.2008. GO Ms. No. 470, MA & UD (I1) Dept., Dt: 09.07.2008. GO Ms. No. 526, MA & UD (I1) Dept., Dt: 31.07.2008. GO Ms. No. 527, MA & UD (I1) Dept., Dt: 31.07.2008. GO Ms. No. 528, MA & UD (I1) Dept., Dt: 31.07.2008. GO Ms. No. 33, MA & UD (I1) Dept., Dt: 21.01.2013. From the MC, HMDA, Hyderabad Lr.No.000282/ Policy/ Plg/HMDA/ 2014, Dt:17.04.2014. ✦✦✦

ORDER Whereas the Layout and Subdivision Regulations approved by the Government along with the Master Plan for erstwhile Hyderabad Urban Development Authority area notified vide GO Ms.No. 288, MA&UD Department, dt: 03.04.2008 read with GO Ms.No. 526, MA&UD Department, dated 31.07.2008; Master Plan for Hyderabad Airport Development Authority area notified vide GO Ms.No. 287, MA&UD Department, dt: 03.04.2008 read GO Ms.No. 527, MA&UD Department, dt: 31.07.2008; Master Plan for Outer Ring Road Growth Corridor area notified vide G.O.Ms.No.470, MA&UD Department, dt: 09.07.2008 read GO Ms.No. 528, MA&U Department, dt: 31.07.2008 and the Master Plan for Metropolitan Development Plan–2031 for Hyderabad Metropolitan Region notified vide GO Ms.No. 33, MA&UD Department, dt: 24.01.2013, among other things stipulates that “the minimum area for layout development shall be 4 hectares (10 acres)”. 2. And whereas, the Metropolitan Commissioner, HMDA in the reference 9th read above reported that one of the main reasons for development of unauthorised layouts especially in below 10 acres extent is mainly due to above stipulation and that there has been consistent requests from owners of small land holdings to approve layouts approvals in smaller layouts also. Further, MC, HMDA has stated that, to encourage people to come forward for planned development there is a need to relax the above stipulation and requested the government to issue necessary orders subject to payment of differential development charges for layouts in below 10 acres. 3. And whereas, Government after careful examination of the matter, have agreed to the proposal of the HMDA and accordingly in super session of the earlier regulation mentioned above hereby specifies that the “minimum area for layout development shall be 1 acre”. However, the layout owners/ developers have to pay differential development charges as specified below: (a) 1.75 times of the prevailing development charges in respect of layouts between 1 acre to below 5 acres. (b) 1.5 times of the prevailing development charges in respect of layouts between 5 acres to below 10 acres. 4. The Metropolitan Commissioner, Hyderabad Metropolitan Development Authority & Commissioner, Greater Hyderabad Municipal Corporation shall take further action accordingly. M.G.GOPAL Principal Secretary to Government. 84

6-B MA&UD Department–Amendments to Layout Development Regulations – Orders – Issued. MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT (M1) DEPARTMENT GO Ms No. 10 Dated: 05-01-2016 1) GO Ms. No. 287, MA&UD, dt: 03.04.2008 read with GO Ms.No. 527, MA&UD, Dt: 31.07.2008. 2) GO Ms. No.288, MA&UD, dt: 03.04.2008 read with GO Ms.No. 526, MA&UD, Dt: 31.07.2008. 3) GO Ms. No.470, MA&UD, dt: 09.07.2008 read with GO Ms.No.528, MA&UD, Dt: 31.07.2008. 4) GO Ms. No.33, MA&UD, dt: 24.01.2013. ✦✦✦

ORDER After the formation of State of Telangana various Real Estate development agencies have been representing to the Government that some of the existing building rules framed by the State are not conducive to reach the real estate growth potential of urban areas in the State. They therefore requested in the interest of and to facilitate ‘ ease of doing business’ to simplify the existing building rules, give some concessions and remove certain bottle necks in the existing building rules to promote investment in Real Estate Sector in the State of Telangana. Government after careful examination of the matter have felt that there is a need to take some steps to reform real estate sector in ‘Ease of Doing Business’ to encourage this sector to provide employment and economic growth. Therefore, to encourage the real estate sector to provide employment and economic growth Government hereby issues the following amendments to the Layout Development Promotion Regulations issued in GO Ms.No.527, MA&UD, dt: 31.07.2008 read with GO Ms.No.287, MA&UD, dt: 03.04.2008; GO Ms.No.526, MA&UD, dt:31.07.2008 read with GO Ms.No.288, MA&UD, dt: 03.04.2008; GO Ms.No.528, MA&UD, dt:31.07.2008 read with GO Ms.No.470, MA&UD, dt:09.07.2008 and GO Ms.No.33, MA&UD, dt:24.01.2013. AMENDMENT-1 The clause (c)&(d) under regulation 30(ii) of GO Ms.No.527, MA&UD, dt:31.07.2008 read with GO Ms.No.287, MA&UD, dt: 03.04.2008, which mandates provision of EWS/ LIG plots in layout development shall be deleted. AMENDMENT-2 The clause (c)&(d) under regulation 8 of GO Ms.No.526, MA&UD, dt: 31.07.2008 read with GO Ms.No.288, MA&UD, dt: 03.04.2008, which mandates provision of EWS/ LIG plots in layout development shall be deleted. AMENDMENT-3 The clause (c)&(d) under regulation 5(ii) of GO Ms.No.528, MA&UD, dt: 31.07.2008 read with GO Ms.No.470, MA&UD, dt: 09.07.2008, which mandates provision of EWS/ LIG plots in layout development shall be deleted: AMENDMENT-4 The clause 3&4 under regulation 2.14.1 of GO Ms.No.33, MA&UD, dt: 24.01.2013 which mandates provision of EWS/ LIG plots in layout development shall be deleted. M.G.GOPAL Special Chief Secretary to Government

6-C MA&UD Department - Development of planned Layouts with sufficient road widths Amendment to HMDA Layout Rules - Orders - Issued. MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT (Plg.III) DEPARTMENT GO Ms No.106 Dated: 06.07.2020 1. GO Ms No. 288 MA Dated: 03.04.2008 2. GO Ms No. 287 MA Dated: 03.04.2008 3. GO Ms No. 33 MA Dated: 24.01.2013 4. From HMDA in F.No.2842/ Policy/ HMDA/ Plg/ 2019 ✦✦✦

ORDER Development of Hyderabad city has been spectacular since the formation of Telangana State in June 2014. With 24/7 power supply, unencumbered land availability, peaceful ambience, educated work force, suitable round the year ambient weather conditions and a stable Government, more and more companies and Industries are making Hyderabad as their base. As a result of this, the growth in real estate sector has been phenomenal whether institutional or residential. 2.

As a natural outcome of this, number of residential avenues including apartments, layouts and gated communities are being set up in Hyderabad Urban Agglomeration i.e. within and around ORR in HMDA area in recent years. The urban population in Telangana stand at 42.6% of the total population and is likely to touch 50% in next couple of years.

There’s also an aspiration among the locals residents of Telangana those from middle and upper middle class and salaried employees to own a plot within ORR where they can settle down after retirement. As a result, a number of layouts have come up and are coming up in HMDA area.

As per the layout rules in force issued vide G.O.Ms.No.288 MA dt.03.04.2008, G.O.Ms.No.287 MA Dated 03.04.2008 and G.O.Ms.No.33 MA dated 24.01.2013, the layout shall have an approach from existing public or private road of width not less than 9 metres (30 feet) which shall be black topped. As per the said layout rules, the approach road for approval of any layout is 30 feet irrespective of the extent of the layout. It is observed that during the last 4 years, HMDA has approved many layouts and out of which more than 63% layouts are in sites of the above 5 acres. Even in smaller sized Layouts and layouts with Apartments, the number of dwelling units have increased and in today’s times, almost every house has atleast one personal vehicle.

All this implies that flow of traffic has increased manifold or will increase exponentially once these layouts are ready and occupied. This is resulting/ will result in near future into regular traffic congestion during peak hours in mornings and evenings and will be causing lot of inconvenience to public including the occupants in these layouts.

The State Government has consulted transportation & traffic experts as well as Urban Planners who in a unanimous policy advocacy have strongly recommended to ensure proper road network with sufficient width of roads for free movement of vehicles and to avoid traffic congestion in future. The minimum road width as recommended by them and as being followed in all well laid out townships and planned development is atleast 100 feet The State Government accordingly acknowledges the immediate need to have a system in place which ensures the required approach road width for approval of layouts presently or create a mechanism whereby it is ensured in near future.

Therefore, Government after careful examination of the matter and keeping in view of the future growth in traffic volume hereby issue the following orders: The minimum width of the approach road for approval of a layout in HMDA area shall be 100 feet. In case the existing road width is less than 100 feet, the applicants have to either from the 100 feet road up to their site (and including their site for the portion affected) or alternatively (i) they shall leave the land required for wideninq the existing road to 100 feet from their site (equal on either side) and in addition (ii) shall pay a road impact fee i.e. the additional charges towards road formation/ improvement as specified below: S.No 1 2 3 4

Existing road width

Additional Amount to be paid

80 feet to less than 100 feet 50 % of development charges 60 feet to less than 80 feet 66 % of development charges Below 60 feet 100 % of development charges (subject to a minimum of 30 feet) In case of non high rise residential apartments (less than18 mtrsheight) and having more than 100 flats - 50% of (land) development charges

The above arrangement is applicable in following case: (i)

The above charges are applicable to all applications pending for approval i.e., which will be issued after this date/new layout applications for approval of Draft Layouts including layout with housing (open/gated)

(ii) The above charges are not applicable to final layout applications, where the - draft layouts were approved earlier. (iii) In cases where the layout has an approved Master plan road width of 100 feet or more but the actual road width is less, the road impact fee will be 50% of the applicable category in para 7 above. For eg, if the actual road width is between 60-80 feet, the road impact fee will be 50% of 66% i.e., 33% and so on. (iv) The above charges are over and above the regular development charges and the road impact fee shall be kept in a ‘special escrow account’ meant for road development to such layouts in order to utilise the said amount to meet the expenditure towards land acquisition for road formation and the actual road formation in due course of time. ARVIND KUMAR Principal Secretary to Government

7. MA&UD Department-UDAs -Town Planning Staff working in various UDAs-Powers related to TP Activities such as Supervision, monitor inspection etc., in all UDAs entrusted to the DTCP for smooth and effective functioning of TP activities in the State of Telangana - Orders - Issued. MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT (Plg.I) DEPARTMENT GO Ms. No.253

Dated: 09.04.2018

From the DT & CP, Hyd, Lr Roc No. 4371/2016/ME1, Dt : 06-04-2018 ✦✦✦

ORDER In the reference read above the Director of Town and Country Planning, Telangana, Hyderabad has informed that during the review meeting held at Kakatiya Urban Development Authority, Warangal on 04-04-2018, it has been proposed that the powers related to Town Planning activities such as supervision, monitor, inspection etc., in all UDAs may be entrusted to the Director of Town and Country Planning for smooth and effective functioning of Town Planning activities in the state of Telangana. 2

Government after careful examination in the matter hereby issue orders entrusting the powers related to Town Planning activities such as supervision, monitor, inspection ect., among the following technical matters of Town Planning in all UDAs to the Director of Town and Country Planning for smooth and effective functioning of Town Planning activities in the State of Telangana. 1.

To monitor and advise on the preparation/ implementation of Master plans.

monitor and supervise the functioning of Town Planning Sections.

to issue necessary instructions for smooth and effective functioning of Town Planning section of UDAs.

to periodically inspect the UDAs

to monitor the DPMS system

to monitor the enforcement action being taken on un authorised buildings/layouts.

recommend for diseiplinary action against the staff working in TP sections and

monitor and supervise any other issue related to Town Planning

The Director of Town and Country Planning, Telangana State Hyderabad/ all UDAs in the State shall take necessary action in the matter accordingly. ARVIND KUMAR Principal Secretary to Government.

8. MA&UD - Urban Development Authorities- Granting of Building/ Layout permission in newly constituted (4) Urban Development Authorities - Orders - Issued MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT (Plg.I(2)) DEPARTMENT GO Rt.No. 356

Dated: 18.05.2018

1. GO Ms. No.270 MA & UD (Plg.1-2) Dept., Dt: 24-10-2017 2. GO Ms. No. 271, MA & UD (Plg.1-2) Dept., Dt: 24-10-2017 3. GO Ms. No. 272, MA & UD (Plg.1-2) Dept., Dt: 24-10-2017 4. GO. Ms. No. 276, MA & UD (Plg.1-2) Dept., Dt: 30-10-2017 5. From the DT & CP, TS. Lr. Roc No. 1243/ 2016/ P, Dt: 11-12-2017 ✦✦✦

ORDER In the references 1 st to 4 th read above, Government have constituted Satavahana Urban Development Authority, Karimnagar, Nizamabad Urban Development Authority, Nizamabad, Stambadhri, Urban Development Authority, Khammam and Siddipet Urban Development Authority, Siddipet for planned development of Karimnagar, Nizamabad, Khammam and Siddipet towns and their surrounding areas. 2. The Director of Town & Country Planning. Telangana vide his letter 5th read above has reported that the Town Planning wing in the newly constituted Urban Development Authorities is yet to be established and in order to avoid inconvenience to the general public in obtaining building/ layout permissions he has requested to delegate development control powers till establishment of regular staff in the above (4) UDAs. 3. Government after careful examination of the matter hereby issue the following orders for granting building permissions and layout permissions in the areas covered by above (4) UDAs. Competent Authority for granting Building/ Layout Permission Details Building permission upto 10 Mtrs height in plots upto 300 Sq Mtrs Building permissions above 10 Mtrs height/ Plots above 300 Sq mts and upto 1000 sq mtrs Building/ Layout Permissions in plots above 1000 sq mtrs/ High Rise Buildings/Group Housing Schemes/Gated Communities/ Layouts etc.,

within Grampanchayat areas falling in (4) UDAs

within Municipal Corporation/Municipality limits

Concernend Gram Panchayat

Commissioner of Concerned Mpl. Corporation/ Municipality

Director of Town & Country Planning

Commissioner of Concerned Mpl. Corporation/ Municipality

Director of Town & Country Planning

Further, the Building Rules issued in GO Ms. No. 168, dt: 07-04-2012 read with GO Ms. No.7, Dt: 05-01-2016 etc., and Layout Rules issued in GO Ms.No.33 Dt: 24-01-2012 read with GO Ms. No.102, Dt: 28-08-2015 and GO Ms. No.10, Dt: 05-01-2016 and development/ conversion charges ad specified in GO Ms. No.225, dated 30-08-2016 are made applicable to the above (4) newly constituted UDAs. The Director of Town & Country Planning/ Municipal Commissioner Karimnagar/ Municipal Commissioner. Nizamabad/Municipal Commissioner, Khammam and Municipal Commissioner, Siddipet/ Municipalities/ Grampanchayats falling in the limits of above (4) UDAs shall follow the above orders scrupulously while granting any building/ layout permissions in their limits. JAYESH RANJAN Principal Secretary to Government (FAC)

9. Municipal Administration & Urban Development (Plg.ll) Department Memo.No.8980/ Plg.II/ 2019

Dated: 07.11.2019

Sub:- MA&UD Dept-DTCP-Collection of "Master Plan facilities charges" (Capitalization charges) In the areas falling within the limits of Municipal Corporation/ Municipality of newly constituted (4) UDAs. - Regarding. Red- : 1) GO Rt.No. 356 Dated: 10.05.2018 2) From DTCP Lr. Roc, No.2631/ 2019/ H, Dated: 26.07.2019 ✦✦✦

ORDER In the reference 1st cited above, among other things orders were issued extending the layout rules of HMDA issued In GO Ms.No.33, MA, Dt: 24-01-2012 along with its amendments to (4) newly constituted Urban Development Authorities viz.. Satavahana Urban Development Authority, Karimnagar/ Nizamabad Urban Development Authority. Nizamabad/ Stambadhri Urban Development Authority, Khammam/Siddipet Urban Development Authority, Siddipet. 2.

In the reference 2nd read above, the Director of Town & Country Planning, Hyderabad has sought for clarification on the collection of Master Plan facilities charges (Capitalization Charges) in Municipal Corporation/ Municipality limits of above said (4) UDAs.

After careful examination of the matter, Government hereby clarify that Ihe Master Plan facilities charges (Capitalization Charges) are not applicable to the areas falling within the limits Municipal Corporation/Municipality of above said (4) UDAs.

The Director of Town and Country Planning and Vice Chairmen of above (4) UDAs shall take further action accordingly. Further Vice Chairman, Kakatiya Urban Development Authority is directed to Incorporate the above provision in the Zoning Regulations of KUDA Revised Master Plan. ARVIND KUMAR Principal Secretary to Government

10. Telangana Muncipal Laws and Urban areas (Development) (Amendment) Act, 2008 (Act No.6 of 2008 Dt: 18-04-2008) An Act further to amend the Hyderabad Municipal Corporations Act, 1955, The Visakhapatnam Municipal Corporation Act, 1979, The Vijayawada Muncipal Corporation Act, 1981. The Telangana Municipal Corporation Act, 1994. The Telangana Municipalities Act, 1965 and the Telangana Urban Areas (Development) Act, 1975. Be it enacted by the Legislature of the State of Telangana in the Fifty-Ninth year of the Republic of India as follows : 1.

Short title and commencement 1.

This Act may be called the Telangana Muncipal Laws and Telangana Urban Areas (Development) (Amendment) Act, 2008.

It shall come into force on such date as the State Government may, by notification, appoint.

Amendment of Act No.II of 1956: In the Hyderabad Municipal Corporations Act, 1955 (1)

In section 461, after sub-section (3),the following shall be inserted, namely:-

Section 461(4) 4. Notwithstanding anything contained in the Act, any person who, whether at his own instance or at the instance of any other person or any body 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 (3) years, or with fine which may extend to ten percent (10%) 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 than fifty percent (50%) of the said amount.” (2) After section 461, so amended, the following new section shall be inserted, namely:Section 461-A : Power to seal unauthorized construction/ development of Premises. (1)

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 461, to make an order directing the sealing of such development or property or taking the assistance of police, for the purpose of carrying out the provisions of this Act.

(2)

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.

(3)

No person shall remove such seal except,-

(a)

under an order made by the Commissioner, or

(b)

under an order of the Appellate Tribunal on the appeal made in this behalf.”

Amendment of Act 6 of 1965: (Omitted). On and from the commencement of the T.M Act, 2019 (dt:09-10-2019), the TM Act, 1965 and the T.M corp Act 1994 are repealed u/s 299 This was enacted by Act No. 11 of 2019 under Section 180 of Telangana Municipalities, Act 2019:

Amendment of Act 1 of 1975: In the Telangana Urban Areas (Development) Act, 1975, in section-41 91

(1)

(i)

in sub-section (1), for the words, “shall be punishable with fine which may extend to ten thousand rupees, the words “shall be punishable with imprisonment for a term which may extend to three (3) years or with fine which may extend to ten thousand rupees or with both,” shall be substituted;

(ii) in sub-section (2), for the words, “shall be punishable with fine which may extend to five thousand rupees,” the words “shall be punishable with imprisonment for a term which may extend to three (3) years or with fine which may extend to five thousand rupees or with both", shall be substituted; See Amendment Act, 9 of 2018 Dt: 19.04.2018 which is further amended (2)

after section 43, the following new section shall be inserted, namely:-

43-APower to seal unauthorized constrution/ development or premises. (1)

It shall be lawful for the authority or the local authority, as the case may be, at any time, before or after making an order for the removal or discontinuance of any unauthorized development or construction under section 42, 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 Act.

(2)

Where any development or property has been sealed, the Authority or the local Authority, as the case may be, may, for the purpose of removing or discontinuing such development or property, order such seal to be removed.

(3)

No person shall remove such seal except, -

(a)

under an order made by the authority or the local authority, or

(b)

under an order of the Appellate Tribunal on the appeal made in this behalf.”

Application of provisions of Section 2 to other Municipal Corporations Act No.II of 1956, Act No.25 of 1994: The amendments made to the Hyderabad Municipal Corporations Act, 1955 by section 2 shall extend to, and to apply also, to the Visakhapatanam & Vijayawada Muncipal Corporations and to any other Municipal Corporation constituted under the Telangana Municipal Corporations Act, 1994.

10-A Telangana Muncipal Laws and Urban Area (Development) (Second Amandment) Act, 2008) (Act No.9 of 2008 Dt:16-04-2018) An Act further to amend the Hyderabad Municipal Corporations Act, 1955, The Telangana Municipalities Act, 1965, the Visakhapatnam Municipal Corporation Act, 1979,The Vijayawada Municipal Corporation Act, 1981, the Telangana Muncipal Corporation Act 1994 and the Telangana Urban Areas (Development) Act, 1975. Be it enacted by the Legislature of the State of Telangana in the Fifty-Ninth year of the Republic of India, as follows. 1. Short title and Commencement 1. (1) This Act may be called the Telangana Municipal Laws and Urban Areas (Development) (Second Amendment) Act, 2008. (2) It shall be deemed to have come into force on the 15th December, 2007. 92

Amendment of Act II of 1956: In the Hyderabad Municipal Corporations Act, of 1955. (1) in section 2, after clause (22), the following clause shall be inserted, namely:“(22-a) ‘high rise building’ means and includes all buildings with eighteen (18) meters or more in height measured from the average level of the central line of street on which the site abuts. Staircase rooms, Lift rooms, Chimneys, elevated tanks above the top most floor and architectural features are excluded from the height of such buildings.”. (2) in section 220, in sub-section (3), for the words “ten percent, the words “twenty five percent” shall be substituted. (3) after section 452, the following new section shall be inserted, namely:452-A Regularisation of Violation of floor area of non-high rise buildings: Any contravention of section 452 in respect of Non-High Rise Buildings may be regularised by the Commissioner or any officer authorised by the Commissioner in this behalf to the extent of violated floor area made to the setbacks on each side of each floor except building line upto ten percent of the permissible setbacks, on payment of fine equivalent to one hundred percent of the value of the land as fixed by the Registration Department applicable at the time of regularisation in respect of violated floor area subject to the condition that sanctioned plan has already been obtained in each case.”. (4) after section 455, the following new sections shall be inserted, namely:Regularisatin of buildings constructed with out sanctioned plan 455-A Regulation of Buildings Constructed without sanctioned plan: The Commissioner may regularise constructions made without obtaining sanctioned plan, subject to fulfilling the following conditions:(a) submission of building plans to the competent authority duly paying all categories of fee and charges: (b) the construction shall be subject to the condition that all parameters laid down in relevant statutes, Master Plan, Zonal Development Plan, Building Byelaws, Building Rules and other relevant Government Orders including Telangana Fire Service Act, 1999 (Act No. 15 of 1999) and the National Building Code are satisfied; (c) payment of penalty equivalent to thirty three percent (33%) of the various categories of fees and charges payable by the applicant for obtaining building permission in addition to the regular fee and other charges payable. 455-AA Regularisation and penalisation of construction of buildings in deviation of sanctioned plan: Notwithstanding anything in the Act, the Municipal Commissioner may regulate and penalise the constructions of buildings, made by the owner, or by an individual as the case may be, unauthorisedly or in deviation of the sanctioned plan as on the date of commencement of the Telangana Municipal Laws and Urban Areas (Development) (Second Amendment) Act, 2008 (Act No. 9 of 2008) as a one time measure, as per the procedure and by levying such penal amount as may be prescribed and upon payment of such amount all pending or contemplated proceedings and action of enforcement shall be deemed to have been withdrawn and the competent authority shall issue necessary Occupancy Certificate to the owner or the individual as the case may be.”. (5) in section 596, to clause (b), before the explanation, the following proviso shall be added, namely:- “Provided that the fine imposed shall, in no case be less than fifty percent of the said amount. (6) in section 597, to clause (b), before the explanation, the following proviso shall be added, namely:- “Provided that the fine imposed shall, in no case be less than fifty percent of the said amount.” 93

(7)

for Schedule U & V, The following Schedule shall be substituted namely, (the tables Should be Seen Separately in HMC Act book) (See Sections 596 & 597 of MC Act 1955)

Amendment of Act No.6 of 1965 : In the Telangana Muncipalities Act, 1965, after Section 218, the following new section shall be inserted namely. 218-A Regulation and penalization of construction of buildings in deviation of Sanctioned plan: Notwithstanding anything in the Act, the Municipal Commissioner may regulate and penalise the constructions of buildings, made by the owner, or by an individual as the case may be unauthorisedly or in deviation of the sanctioned plan as on the date of commencement of the Telangana Municipal Laws and Urban Areas (Development) (Second Amendment) Act. Act 2008 as a one time measure, as per the procedure and by levying such penal amount as may be prescribed and upon payment of such amount, all pending or contemplated proceedings and action of enforcement shall be deemed to have been withdrawn and the competent authority shall issue necessary Occupancy Certificate to the owner or the individual as the case may be. (Originally the Act 6 of 1965 is repealed by Act 11 of 2019 u/s 299 of T.M. Act 2019) 4.

Amendment of Act No.1 of 1975: In the Telangana Urban Areas (Development) Act, 1975.

(1)

in section 2, after clause (h), the following clause shall be inserted namely "(hh) High rise building’ means and-includes all buildings with eighteen meters (18) or more height, measured from the average level of the central line of street on which the site abuts. Staircase rooms. Lift rooms. Chimneys, elevated tanks above the top most floor and architectural features are excluded from the height of such buildings".

(2)

in section 41(i)

in sub-section(1), for the words “ten thousand rupees”, the words “twenty percent of the value of the land in question as fixed by the Registration Department at the time of undertaking development of any land”, and for the words “five hundred rupees”, the words “one percent of the value of the land in question as fixed by the Registration Department at the time of using the land or building”, shall respectively be substituted;

(ii) In sub-section (2), for the words “five thousand rupees” the words “ten percent of the value of the land or building in question as fixed by the Registration Department at the time of using the land or building”, and for the words Two hundred and fifty rupees”, the words “one percent of the value of the land or building in question as fixed by the Registration Department at the time of using the land or building" shall respectively be substituted. (iii) after sub-section (3), added, as sub-section (4), any person who deals with the development of land or building by way of sale or otherwise to enable or facilitate the construction of group of houses or colony in contravention or without compliance of the provisions of the Act or Rules and Regulations made there under shall be punishable with a fine equivalent to twenty percent of the value of the land in question as fixed by the Registration Department the time of undertaking development of any land and in the case of continuing offences with further fine which may extend to fine equivalent to one percent of the value of the land in question as fixed by the Registration Department at the time of undertaking development of any land for every day during which such offence continues after conviction for the first commission of the offence: Provided that the fine imposed shall in no case be less than fifty percent of the fine prescribed under the above sub-section. (3)

In section 43, for sub-section (5) substituted with (5), Any person failing to comply with an order under subsection (1)or, under sub-section (3), as the case may be, shall be punished with fine which may extend to one percent of the value of the land, building in question for

every day during which the non-compliance continues after the service of the order. Provided that the fine imposed shall, in no case be less than fifty percent of the fine proposed.” (4) for section 46, the following section shall be substituted namely:46 Regulation of buildings constructed without sanctioned plan: (1) It is open to the Vice-Chairman to regularize constructions made without obtaining sanctioned plan subject to fulfilling the following conditions: (a) Submission of building plans to the competent authority duly paying all categories of fees and charges. (b) The construction shall be subject to the condition that all parameters laid down in relevant statutes. Master plan, Zonal Development Plan, Building Bylaws, Building Rules and other relevant Government Orders including to Telangana Fire Service Act, 1999 (Act No. 15 of 1999) and the National Building Code are satisfied; (c) Payment of penalty equivalent to Thirty Three percent (33%) of the various categories of fees and charges payable by the applicant for obtaining building permission in addition to the regular fee and other charges payable. (2) Any offence made punishable under this Act in respect of Non-High Rise buildings may be regularized by the Vice-Chairman or any officer authorized by the Vice- Chairman in this behalf to the extent of violations made to be setbacks on each side of each floor except building line up to 10% of the permissible setbacks, on payment of the equivalent to one hundred percent of the value of the land as fixed by the Registration Department applicable at the time of regularization in respect of violated floor area Subject to the condition that the sanctioned plan has already been obtained in each case. (5) after section 46, the following new section shall be inserted namely,46-A Regulation and penalization of construction of buildings in deviation of sanctioned plan: Notwithstanding anything contained in the Act, in the case of Gram Panchayats falling in Urban Development Authority areas, the vice-Chairman may regulate and penalise the construction of buildings, made by the owner, or by an individual as the case may be, unauthorisedly or in deviation of the sanctioned plan as on the date of commencement of the Telangana Municipal Laws and Urban Areas (Development) (Amendment) Act, 2008 (Act No. 9 of 2018) as a one time measure as per the procedure and by levying such penal amount as the case may be prescribed and upon payment of such amount, all pending or contemplated proceedings and action of enforcement shall be deemed to have been withdrawn and the competent authority shall issue necessary Occupancy Certificate to the owner or the individual as the case may be. 5. Application of Section 2 to other Corporation: The amendments made to the Hyderabad Municipal Corporations Act, 1955 by section 2 shall extend to, and to any other Municipal Corporation constituted under the Telangana Municipal Corporations Act, 1994. (Act 25 of 1994). 6. Repeal of Act 6 of 2003 and Ordinance No.15 of 2007: The Telangana Regulation of the unauthorized constructions in Municipal Corporations, Municipalities and Urban Development Authorities Act, 2003 and the Telangana Municipal Laws and Urban Areas (Development) (Amendment) Ordinance, 2007 are hereby repealed.

Z 95

11. The Telangana Comprehensive Integrated Township Policy Rules, 2020 - Notification - Orders - Issued Municipal Administration & Urban Development (Pig.Ill) Department GO Ms. No.189. 1. GHMC Act, 1955 (Act No.ll of 1956) 2. HMDA Act, 2008 (Act No.8 of 2008) 3. Telangana Municipalities Act, 2019 (Act No.11 of 2019)

Dated: 03.11.2020

✦✦✦

ORDER The concept of an Integrated Township is based on the concept of ‘Walk to Work’ which provides for a balanced mix of residential/ Institutional/ offices spaces as well as commercial space along with well developed social and physical infrastructure facilities like roads, water, drainage/ sewage, electricity, schools, basic health care facilities and aims at better quality of life with more green and open spaces thereby minimizing the traffic requirements. 2. Increasingly, people, especially the younger working age cohort, are preferring to minimize the time required for traveling for work and are looking for options which minimizes the distance from home to work place. Integrated Townships which are based on ‘walk to work concept’ are much needed solution to address the said issue. Likewise, there has been a constant demand from the real estate sector including various associations such as Confederation of Real Estate Developers Associations of India (CREDAI) & Telangana Real Estate Developers Association (TREDA) for initiating measures aimed at encouraging integrated townships. 3. Therefore, Government of Telangana with a view to encourage and promote large scale integrated development of self-contained townships with private and public initiatives that would result in optimization of land use, leveraging of Outer Ring Road infrastructures beyond, the proposed Regional Ring Road, promote Transit Oriented Development, achieve economies of scale, increase housing facilities, and better provision of infrastructure facilities & amenities based on the “walk to work” concept have decided to have a viable institutional mechanism for promoting such integrated townships development. 4. Accordingly, Government hereby issue the following Rules in exercise of powers conferred under section 56 of the Hyderabad Metropolitan Development Authority Act, 2008 (Act No. 8 of 2008), section 585 of the Greater Hyderabad Municipal Corporation Act, 1955 (Act No.ll of 1956) and section 172 of the Telangana Municipalities Act, 2019 (Act No.11 of 2019). 5. The following notification will be published in the Extraordinary issue of Telangana Gazette dated: 03.11.2020 NOTIFICATION In exercise of the powers conferred under section 56 of Hyderabad Metropolitan Development Authority Act 2008 (Act No.8 of 2008), section 585 of the Greater Hyderabad Municipal Corporation Act 1955 (Act No.ll of 1956) and section 172 of the Telangana Municipalities Act, 2019 (Act No.11 of 2019) Government of Telangana hereby makes the following rules namely:1. These Rules may be called “The Telangana Comprehensive Integrated Township Policy Rules, 2020”. 2. (1) These Rules shall be applicable to all areas outside 5 Kms from the Outer Ring Road unless otherwise prohibited. The existing layout Rules/ Regulations of local authorities/ 96

Urban Development Authorities (UDA) shall not be applicable to such integrated townships. Further, the applicability of these rules is prospective i.e., approvals/ permissions accorded under this policy after the policy is promulgated and which are specifically applied under these provisions (2) These Rules and conditions herein shall be applicable to UDAs/ private developers/ companies/ Special Purpose Vehicles (SPVs)/ firms/ companies desiring to develop integrated townships either individually or on development basis in the areas mentioned in (1) above, unless specifically stated otherwise and also to all Joint venture townships development under taken by public authorities. (3)

The provision of these Rules and conditions herein shall mutatis and mutandis apply to the housing schemes of all public agencies/ departments.

(4)

This policy shall be valid for a period of 5 (five) years and will be reviewed for further continuance and with such modifications as deemed appropriate at the end of the five years. The project completion period from the date of draft approval will be 10 years subject to extension, if any, by the sanctioning authority depending upon specific circumstances.

Definitions:

(i) Comprehensive Integrated Township (‘Township’ hereafter) means a self-contained township planned and developed through a public agency/Development Authority or Instruments of Government/ a licensed developer/firm/company/SPV/development Company containing work place, places of residence (including Economically Weaker Section (EWS) & Middle Income Group (MIG) housing) along with all attendant facilities and amenities as required under this policy to, inter-alia, minimize travel outside, promote ‘walk to work’ concept and to provide maximum convenience to its inhabilants/ occupants/ users by arranging for all such amenities at one place; (ii) Sanctioning Authority means Metropolitan Commissioner, Hyderabad Metropolitan Development Authority and all such projects shall be processed under TSbPASS. (iii) Preliminary or Outline Approval of Scheme means an in-principle approval given by the Sanctioning Authority and subject to such terms and conditions as may be given in such Preliminary approval. (iv) Detailed Project Report means a comprehensive proposal concerning the proposed integrated township development, the physical development parameters and proposed township layout pattern, proposed housing areas details, all required maps and drawings, open space development, work place development, on site infrastructure development, building drawings phasing of development etc., and complying with other requirements given in these Rules which forms the basis of approval of the integrated township. (v)

Terms and expressions which are not defined in these Rules shall have the same meaning as in the respective Rules/ byelaws of the Hyderabad Metropolitan Development Authority Act/the Municipalities Act or in its absence, as defined in the National Building Code or relevant Acts as the case may be, unless the context otherwise requires.

(vi) EWS/LIG/MIG Units - Units with maximum carpet area of 25/50/60-240 sq mtrs respectively. (vii) EWS/LIG/MIG plots- plot size upto 60/120/250 sq yards respectively. 4.

Township Size And Classification: The Assemblage for development of Integrated Townships shall be permitted as follows: Minimum of 100 acres in respect of Hyderabad Metropolitan Development Authority (HMDA) Area and atleast 5 Kms away from the nearest boundary of Outer Ring Road (ORR) on its outer periphery; 97

5. (1)

(2)

(3) (4)

(5) (6)

(1)

(2) (3)

Locational Requirements: For Townships of 100 acres or more, any suitable area having access of minimum 30 mtrs width (36 mtrs for 300 acres and above) can be identified for the purpose of development of Township.The developer proposing to provide access from the nearest 30 mtrs road by constructing a 30 mtrs access to his site as a part of project also shall be considered. In case the existing road width is less than 100 feet the developer shall comply with the orders issued in GO Ms. No. 106 MA Dt: 06.07.2020. however minimum 18 mts (60 feet) road should be existing on the ground. The site area identified for the Project shall be continuous, unbroken and uninterrupted at one place except for any National Highway/State Highway/ Major District Roads (MDRs) passing through the site. Any Master plan roads passing through ihe site shall continue to be as planned and also be open for public. The land use for development and construction of township shallbe mixed use development. Such Schemes shall not be permitted in environmentally sensitive areas. Where part of the township area is covered by such fragile lands within the threshold limit as prescribed under the policy, such areas shall be protected and preserved as open space or un-built area. The other requirements shall be in accordance with these Rules and the “Work Center” and “Residential” area shall comply with the restrictions imposed at Rule 6. The layout for the township shall be developed in accordance with provisions of Rule 6 below and shall, in the process, existing layout, if any, within the township shall have to strictly comply with these provisions and thus, the township plan shall subsume any existing layout (approved/ unapproved) & provisions therein. Integrated Township-site Planning and Design Requirements: The entire Township should be an integrated one with all facilities within the boundaries of such a township proposed for development and shall comply with the following requirements:Overall Land Utilization: Certain portion of the total area of the proposed township with a minimum of V4 and upto % of the net area of the township (after setting apart area meant for roads/green space/ open space etc) shall be utilized for setting up of the “Work Center” - commercial/ offices/ market/ Information Technology Enabled Services (ITES)/ Light industries/ Service industries/Transportation Node/Recreation based activities, Amusement facilities or for setting up of any other such facility subject to approval of the Sanctioning Authority. The minimum area for work centre, stipulated for township sized 300 acres and above will be 1/8th of the net area, in view of the large size of the plot. Out of the remaining portion of the township site not less than 1/2 of the net area of the township shall be set apart for residential purpose (hereinafter called “Residential area”). The township project has to be an integrated township project. The project should necessarily provide for the following: (i) Residential (ii) Commercial, (iii) Educational (atleast upto class X standard) (iv) Amenity spaces (v)

Health care facilities(At least basic health care and having OPD facility)

(vi) Public Utilities (vii) Internal public transport (electric vehicles) for transportation within the township and until the nearest public transport facility outside; 98

(viii) LIG &EWS housing as prescribed, (ix) Roads as prescribed; (x) Greenery in the layout by planting plants; (4) The overall planning & design of the integrated township is left to the developer, subject to it confirming the broad requirements under this policy and in a manner that the project meets with the specifications and standards with the walk to work concept, good design practices, healthy lifestyle practices and eco-friendly neighbor-hood requirements. Further, the planning and design of Integrated Township shall take care of following land use: (a) Non-reserved sites: (i) Residential: The residential area should be well defined in sectors or neighbor-hoods or in plotted development with proper road network, having sufficient lung/ green space and in a manner leading to healthy lifestyle. Details of dwelling units are mentioned in para (6). (ii) Commercial: The commercial area shall be properly distributed in hierarchical manner such as main commercial center, convenience shopping area, community centers including club house, library etc., and shall be part of the plotted area. The main commercial center could be planned and developed as part of the “Work Center” area. (iii) Educational: Comprehensive educational system providing education from primary to secondary should be provided as per the requirement. The area allocation should be on projected population basis and as far as possible the educational complex should not be concentrated at one place. All such complexes should have area adequate allocation for playground. Minimum area required for educational purpose shall be as per prevailing standards. The higher order educational facilities could be planned and developed as part of the “Work Center” area. (iv) Health facilities: Adequate area allocation for health facilities for primary health and higher order facilities like hospital should be provided for Minimum area required for health facilities shall be as per prevailing standards. The higher order health facilities like hospital could be planned and developed as part of the “Work Center” area. (b) Reserved sites: (i) Amenity Spaces: The area allocation for amenity space providing for amenities like market, essential shopping area, recreation centers, town hall, library etc., should be adequate and evenly placed. A dedicated common parking area shall be developed. (ii) Parks, Gardens and Playgrounds: The Township shall provide for at least 10% of the total gross area as parks/ gardens/ playgrounds in order to encourage more green cover, anything more than 10% gross coverage for green cover will be exempted from Change of Land Use (CLU) charges to that extent. This minimum 10% area at the township level should be developed by the developer/ firm/ company/ Special Purpose Vehicle (SPV) for such purposes and kept open to all general public. Best variety of trees should be planted. Besides the above, thick avenue plantation shall be undertaken with soft landscape along all the roads within the township as well as along the main approach roads to the township. (iii) Public utilities: Appropriate area allocation should be provided for (a) electric sub station (b) water supply system including sumps within the township (c) sewerage system (d) waste management system (e) police station and fire station cut-posts (f) common public parking lots (g) cemetery/ cremation ground (h) bus station and other public utilities as per requirements. These could be planned and developed as part of the “Work Center” area. Any adjacent Bus station/ public transport point outside the township shall be constructed by the developer at his cost. 99

All amenities referred to above shall be inclusive of designated amenities and Amenity space required for trunk infrastructure. (iv) Transport and Communication: The entire area of township shall be well knitted with proper road pattern, taking into consideration the linkages with existing road within the township and outside area as well. All such roads shall be developed by the developer/ firm/ company Special Purpose Vehicle (SPV) as per standards and road width shall be as given below: (a) Classified Roads in statutory plan: As prescribed. (b) Main Roads/ Ring Road/Loop Road: 18 to 30 m wide (c) Internal Roads: minimum road width of 9 m.Cul de sacs of maximum length of 50-100 mtrs and width of 8 mtrs would be allowed. (d) The Master Plan roads in the township area shall be developed and maintained by developer/ firm/ company/ Special Purpose Vehicle (SPV) and the same shall always be open for general public without any restriction there upon. (e) Work place sites in the designated area of ‘work place’: In the Integrated Township area, lands required for commercial uses, service or industrial (permissible category) uses shall be separately earmarked and developed and the developer/ firm/ company/ SPV is free to dispose for the designated purpose. (f) All roads and mandatory open spaces as specified in the layout shall be registered free of cost and free of encumbrances with the concerned Municipality, Municipal Corporation, Urban Development Authority and Gram Panchayat as the case may be; (5) The design of the Integrated Township shall aim at design efficiency and shall take into consideration the environmental concerns like water and energy conservation, solid waste disposal, use of appropriate technology, recycling etc., this would mean: (i) Proper orientation of building blocks or sectors or neighbor-hoods with well-planned, efficient and attractive housing blocks/ sectors by establishing adequate standards for design construction and living environment. (ii) Use of appropriate building materials including Energy Conservation Building Code (ECBC) compliance for all non residential and cool roofing for all residential structures. (iii) Use of non conventional energy sources, particularly renewable energy. (iv) Recycling of waste water and water harvesting, based on the zero waste concept. (v) Solid waste management on a zero waste concept - mix of compost and tie-up with an agency to carry away the RDF based waste; (vi) Water sensitive urban design in order to better manage storm water and reduce impacts on receiving bodies. (vii) Provide for the health and safety of residents by requiring properly designed streets and adequate sewage and water supply facilities. (viii) Using underground cabling system, security measures with modern gadgetry, piped gas supply etc. The integrated township design and development should promote a high standard of urban design by creating a strong character and identity for the overall image of the township. (6) There is no restriction on the plotted area. The balance area of saleable area after leaving for areas mentioned in Rule 6(4) (b) shall clearly give the type of housing development that would be undertaken viz., detached houses, semi-detached houses, row type houses, duplex housing, condominiums, apartment complexes, cluster housing etc., or a mix of all or combination of the above. 100

Residential housing and dwelling units should be such that it caters to the concept of integrated township and facilitates ‘walk to work’ concept. It should be a sufficient mix of high-end, H1G and MIG housing (including Multi Storied Buildings (MSBs) wherever required) in a self-contained manner. A Minimum of 10 % of the total dwelling units shall be in the category of EWS/ LIG. In case of EWS/ LIG housing units, cluster type development would be encouraged. These could be in separate blocks or sectors in the township. This is to encourage that the manpower requirements for various skill sets are available locally within the township. The decision of the sanctioning authority shall be final in this regard. The site layout would be governed by proper circulation pattern, good design practices and neighbor-hood requirements. It has to be integrated with the circulation network of the Statutory Master Plan/Zonal Development Plan/Area Development Plan, if any, and shall ensure proper overall circulation in the area and planned and developed by way of distinct sectors. (7) The Township is required to be developed together with building constructions and all amenities and facilities. However out of the total plotted area, upto 50% would be allowed to be disposed as open plots/ sites. (8) Phasing of development: In case the development of the integrated township is proposed in Phases, it will be ensured by the developer that 100% of the infrastructure and common facilities of the specific phase are developed before going in for the phased sale of that specific phase. The plots earmarked for amenities, facilities and utilities shall be also simultaneously developed phase-wise along with the residential and allied development. With respect to the open plots in the Integrated Township, the developer has to ensure that all the trunk services and infrastructure facilities are completed within the time frame laid out in the provisional approval given by the sanctioning authority. 7. Eligibility Criteria For Licensing Of Developers/ Firms/ Company: The developer firm will need to register itself with the Real Estate Regulatory Authority for the said township. The Eligibility criteria, fees, detailed terms and conditions for licensing of developer/ firm/company/SPV shall be obtained from the respective Vice-Chairman of the Urban Development Authority/Metropolitan Commissioner or Director of Town & Country Planning in the manner as prescribed. A single license shall be valid throughout the State for the specified period. 8. Approval Procedure: Approval would be considered in two stages: (i) Preliminary Approval of the Project under TS-bPASS: The developer/ firm/ company/ Special Purpose Vehicle (SPV)/ Public Authority (hereinafter called “applicant”) shall submit an Outline Project Report in prescribed format giving details of lands, ownership and other requirements. Within 21 days, the sanctioning authority shall either accord the tentative layout approval of the Project or otherwise. A Preliminary approval of the Project would mean that the Project is cleared from the Master Plan provisions with regard to land use and circulation network and any specific conditions that may be imposed that relate to overall development of the Project in relation to the urban area. A preliminary approval may be granted to the applicant without prejudice to the right of the Authority to impose any additional requirement when detailed proposal is submitted for approval. Upon tentative layout approval of the Project, the applicant shall take action to publish the same in three popular local newspapers giving 30 days time to the public for filing any objections and suggestions before the competent authority. The applicant will liaise with the various other relevant agencies/ departments on their requirements. A tentative layout approval shall not constitute a permit nor shall entitle the applicant or any person to commence or carry out any development activity whatsoever. (ii) Detailed Approval of the Project:After taking into consideration any objections and suggestions received, the applicant shall submit the Detailed Project Report (hereinafter 101

called “DPR”) to the Sanctioning Authority within 90 days from the approval of tentative layout for approval of the Detailed Project Report and the conditionalities if any, given in the Preliminary Project Report approval. The Detailed Project preparation and plans/ drawings, shall be undertaken through qualified town planner, architect, structural engineer, fire engineer and other technical personnel who shall be responsible for supervision and carryingout building works and obtaining certificates of conformity for the occupation of buildings & other development activities. The Detailed Project Report shall give all details and drawings and plans as prescribed, details and specifications of the building units, amenities and facilities, phasing of development, etc. For each of the Sectors/ Neighbourhoods/ Work Center, separate utilities and services plans, landscaping plans and building type designs as required shall be got approved and development and civil works undertaken as per the detailed approved plan and conditions. The applicant shall be entitled to dispose off non-reserved sites and non-mortgaged sites either as plots or as developed houses. Till such time the development of infrastructure facilities, roads and amenities are completed and thereafter handed over to the local body, these shall vest with the developer/ firm/ company/ Special Purpose Vehicle (SPV)/public authority. The Detailed approval of the Project shall be considered by the sanctioning authority as a comprehensive approval and as a project in which not only the township layout site development specifications and conditionalities are covered on a township level. The developer shall submit application with Detailed Project Report (DPR) separately for approval of individual blocks including site infrastructure and amenities for each phase. This Detailed Project approval shall imply that separate approval/sanction from the local authority or other authorities for the individual blocks or buildings shall not be required. The necessary license fees and charges including development charges shall be payable as per the phasing plan submitted in the Detailed Project Report (DPR) and shall be remitted to the Sanctioning Authority before release of the Detailed Project approval. The Detailed Project Report approval by the Sanctioning Authority shall be through a Single Window System and this shall be given within 30 days. This shall not include the time taken for clearance from Airport Authority, Environmental Clearance, Fire clearance etc., wherever required. The applicant shall commence the work within 6 months from the date of approval of detailed project proposal and shall inform the same by uploading pictures on the site as prescribed. Provision Of Infrastructure Facilities: All the onsite infrastructure i.e., roads including Master Plan Roads, approach road, street lights, water supply and drainage system shall be provided and maintained in future by the applicant till urban local body is constituted for such area as per prescribed procedure and the applicant shall also carry out development of amenities if any designated in the Master Plan in accordance with the prevailing Rules. (1) Roads: All roads shall be required width and with the main carriageway either black topped or cement and other features like storm water drains, public utility lines, footpaths, medians wherever required, rain water harvesting structures, kerbs, street lights etc., shall be developed as per standards and approved specifications. Facilities such as storm water drains, all cabling, public utility lines will necessarily be underground within the township. (2) Water Supply: The developer shall be required to develop the source for drinking water (excluding ground water source) or secure firm commitment from Hyderabad Metro Water Supply & Sewerage Board/any concerned authority for meeting the daily water requirement of water of minimum 140 liters per capita per day (or as prescribed by the authorities from time to time) exclusive of requirement of water for fire fighting and gardening. The storage 102

capacity of the same shall be atleast 1.5 times of the actual required quantity as determined by expected population (resident and floating) and other uses. The applicant would be required to develop proper internal distribution and maintenance systems and shall specially undertake rain water harvesting, ground water recharging and waste water recycling projects within the Township. (3) Solid Waste and Liquid Waste Management: Each township will be based on Zero (“0”) discharge concept so far as waste (whether solid or liquid) management is concerned. The developer shall make suitable and environment friendly arrangements for the disposal and Treatment of sewage and solid waste as per guidelines as prescribed. The developer shall undertake recycling water for gardening.The developer may develop eco-friendly, garbage disposal system by adopting the recycling and bio-degradation system. It is mandatory that no liquid waste goes out. Likewise, the compost from solid waste is to be used in the township and the non bio-degradable should be tied up with an agency which will take it out and dispose off in a scientific manner under approval from the Pollution Control Board/ Local Urban Development Authority. (4) Power: The developer shall ensure continuous and quality power supply to Township area. The developer may draw the power from any existing supply system or may go in for arrangement of captive power generation with the approval from concerned authority. If power is drawn from any existing supply system, the applicant shall before commencement of development, procure affirm commitment of power for the entire township from the Telangana State Southern Power Distribution Company Limited (TSSPDCL). The developer is encouraged to provide rooftop based solar/ wind/ hybrid based renewable energy which will be adjusted for on a net metering basis. Further, State Government may, subject to concurrence of Electricity Department consider granting a maximum of 33%, 50% & 66% of the non-residential energy requirements during peak hours (with the prior approval of Telangana State Southern Power Distribution Company Limited (TSSPDCL)/ Telangana State Northern Power Distribution Company Limited (TSNPDCL) for township sized upto 100 acres, upto 300 acres and more than 300 acres to be procured from renewable energy sources from within the state. This is however subject to the prior clearance by TSSPDCL and with the concurrence of Telangana State Electricity Regulatory Commission (TSERC). (5) Environment:- The entire township shall be Energy Conservation Building Code (ECBC)/ Indian Green Building Council (IGBC) compliant and all non-residential buildings therein shall comply with ECBC/ IGBC norms and all residential buildings shall have cool-roofs. The development contemplated in the integrated township shall not cause damage to ecology in any manner. In no case it shall involve topographical changes, changes in alignment and cross section of existing watercourse if any in the Project area or adjacent to the Project area. Environmental clearance shall be obtained from the appropriate authority for this purpose and as per directions issued by the Ministry of Environment and Forests, Government of India from time to time. The Township shall provide at least 10% of the total area as park/garden/playground as mentioned in these rules with proper landscaping, tree plantation and open uses designated in the Township shall be duly developed by the applicant. (6) External or Trunk infrastructure facilities like Power, Watersupply, Drainage etc., will be done by the developer at his own cost or at his request, this may be facilitated by Government/Urban Development Authority/public agency & costed to the project. The trunk infrastructure shal! include, but not limited to. Roads, Water supply, Power through adequate capacity sub-station, sewage network, drainage network, solid waste disposal facility etc. 103

(7) Civic Maintenance:- The developer shall maintain all the internal facilities. The developer would be entitled to create corpus fund/collect maintenance charges. 10. Development Promotion Rules For Buildings: The Building Rules issued vide GO Ms. No.168 M.A., Dt: 07.04.2012 and as amended from time to time shall be applicable to such integrated townships development projects unless specifically stated otherwise in the conditions giving approval for the Outline Project and Detailed Project. Requests for SEZ, if any, shal! be recommended by the State Government to the concerned authorities and subject to the provisions of Government of India guidelines. The developer shall comply with all the Rules and Regulations issued under Real Estate Regulatory Authority (RERA) Act 2016 (Act No.16 of 2016). 11. Sanctioning Authority Required to Undertake Immediate Preparation of Area Development Plan for Adjoining Areas: Simultaneous with the preliminary approval of the Integrated Township Project, it shall be incumbent upon the sanctioning authority to undertake the preparation of an area development plan for surrounding areas up to 1 km radius from the township, integrating the circulation network and other infrastructure facilities for ensuring planned and systematic development of these adjoining areas. 12. Management Of Townships: For all townships, there shall be an advisory body called as Township Residents & Users Association (TRUA). TRUA shall ensure the maintenance of township so far as sanitation, maintenance of greenery and upkeep of infrastructure is concerned. Composition of Township Residents & Users Association (TRUA)-It shall be a body consisting of stakeholders as prescribed and shall necessarily have representation from the developer, Urban Development Authority & the concerned Urban Development Authority among others. 13. Incentives For Development Of Integratedtownships: Following incentives would be considered by the Competent Authority/Government: (i) Automatic conversion from land use regulations, subject to payment of necessary conversion charges, except in the prohibited uses viz., lands earmarked as water body/ buffer to water body/ forest zone/ recreational use/ bio-conservation use zone/ sites covered by GO Ms.No. 111 M.A., Dt: 08.03.1996 and sites which are part of TSIIC Industrial Estates or lands allotted by the Government for industrial purpose. In any case the area falling in the above zones shall not exceed more than 5% of the total gross area & the land-use shall not be changed for these areas; the total area of the township shall exclude this area for the purpose of calculating the eligibility for incentives. The Sanctioning Authority shall collect the necessary conversion charges at the time of issue of permission to the Integrated Township and change of land use would be automatic on payment of conversion charges. Green area over and above 10% of gross area will be exempted from Change of Land Usage charges. (ii) 90% exemption of Development charges on land. All the infrastructure within the township shall be provided by the developer. Likewise, the work of connecting with the main water trunk of the state government, sewer line, electricity sub-station (if one is not getting done in the township), will be done by the developer or can be done by the concerned Urban Development Authority as a turnkey project on payment basis; (iii) Government land: If Any Government land/assigned land falling within/ under Integrated Township Area up-to 10% of the township size (subject to maximum 10 acres), the same may (if the said land has no other immediate use and can be allotted in the opinion of the government) be allotted to the developer/ firm/ company/SPV subject to the developer providing the same extent at the end of his site (having clear access); it is an exchange of land in that sense. 104

(iv) There shall be deferment by 5 years of the Impact fee payable for the sanctioned plan; (v) 100% exemption from development charges on built up area for EWS/ LIG dwelling units; (vi) 75% exemption of development charges on built up area for MIG units (vii) 50% exemption of development charges on built up area for HIG units (viii) Since the entire maintenance of the township will be done by Township Residents & Users Association (TRUA) including the upkeep and maintenance of infrastructure, (i) a rebate of 100% on property tax on common facilities (such as club house etc) and (ii) 50% rebate on all other properties, for a period of first five years from the date of issue of respective Occupancy Certificates shall be given by the concerned authorities. (ix) Any benefits/concessions in respect of Star Category Hotels, Hospitals and Multiplexes shall be considered as per prevailing Government policy. (x) For the areas to be mortgaged/ gifted (gift deeds) to the Sanctioning Authority, nominal registration charge on Rs.100/- stamp paper would be levied giving such areas the status of an Urban Local Authority. (xi) NALA charges shall be paid as applicable; (xii) 100% exemption from the capitalization charges; (xiii) All the appiications received under this new Township Policy will be given top priority and shall be cleared within 60 days from the date of application 14. Government Support: Apart from facilitating external infrastructure facilities and giving the above incentives, Government would also support and according priority in the development of the ‘Work Centers” by way of promoting these through its respective Departments or public agencies like Information Technology & Communication Department; Industries & Commerce Department ; Telangana State Industrial Infrastructure Corporation (TSIIC) eic. 15. Marketing & Disposal of the plots/ Built up Areas: The applicant shall be responsible for facilitation of marketing the developed sites of the Work centers. It may be done jointly through public agencies or through reputed real estate advisory companies who would be empanelled separately. The choice would be left to the applicant to engage any such empanelled real estate advisory company/firm or public agency for marketing of the areas/ built up areas and who would be entitled to charge a fee as per market norms. 16. Safeguards In Case of Default Etc: (1) The developer shall comply with all the Rules and Regulations issued under Real Estate Regulatory Authority (RERA) Act 2016 (Act No.16 of 2016), and shall comply other conditions in the given time period, in the failure of which the applicant or his associates and the engineer/ architect shall be black-listed and shall not be allowed to undertake development works or do business relating to land development and/or building activity in the entire State for a period of 5 years. (2) The Government shall not be a party to the disputes or litigations concerning share holding and plot allotments/built up space etc., which have to be settled in the appropriate civil courts. (3) Any one aggrieved by an order passed under these Rules may within forty (40) days of the date of communication of the order prefer an appeal to the Metropolitan Commissioner/ Vice-Chairman of Urban Development Authority (UDA) or Director of Town Planning. The appeal shall be cleared within 60 days. The Government may issue any orders/ instructions/guidelines from time to time for ensuring effective implementation of these rules. ARVIND KUMAR Principal Secretary to Government

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12. Mines & Minerals - Payment of Environment Impact Fee @ Rs.3/- per Square feet for buildings above 10,000 Square feet of built up area, as per approved plan by Competent Authority – Orders issued- Certain Guidelines - Issued. INDUSTRIES AND COMMERCE (MINES.I) DEPARTMENT GO MS.No. 8 Dated: 24/02/2016 1. GO Ms. No.34, Industries and Commerce (Mines.I) Department, dated 17.06.2015. 2. From the Director of Mines and Geology Letter No.106/ MR/ 2015, dated 06-11-2015 and Single file dated: 30.11.2015. 3. From the Director of Mines and Geology Letter No.106/ MR/ 2015, dated 11.01.2016. ✦✦✦

ORDER In the reference first read above, the Government, basing on the representations from Telangana Real Estate Developers Association (TREDA), Confederation of Real Estate Developers Association (CREDAI) and various Builder Associations and proposals from the Director of Mines and Geology, Hyderabad, issued orders to levy and collect Environment Impact Fee of Rs.3/- per square feet on built-up area of more than 10,000 square feet as an additional charge under Section 15 (1-A) (g) of the Mines and Minerals (Development and Regulation) Act, 1957 to account for any building or construction material that may have escaped levy of seigniorage charges at site. 2. Further, the Government permitted the Builders to pay an Environment Impact Fee @ Rs.3 per square feet for buildings above 10,000 square feet of built-up area, as per the plan approved by the Competent Authority. However, the quarry owners who supply the building materials from the quarry leased area shall continue to pay Seigniorage Fee before dispatch of the mineral. 3. The Environmental Impact Fee shall be remitted into the treasury in the Head of Account “0853-Non-Ferrous Mining and Metallurgical Industry, 102- Mineral Concessions, fee, rent, royalties, etc., SH(03)-Royalty on Environment Impact Fee”. 4. Though the clear orders have been issued by the Government as above, both the Builders Associations and the executing authorities are having certain ambiguities regarding its implementation, the Government have further reviewed the subject matter and for its compliance of the orders issued by the Government. 5. Basing on the deliberations, the Director of Mines and Geology, Hyderabad through reference second and third read above, has submitted proposals suggesting certain modifications to be issued, so as to have effective implementation by both the Builders as well as by the competent authority for sanctioning of building plans. 6. The Government, after careful examination of the matter, hereby decide to issue certain guidelines in partial modification of the orders issued in the reference first read above. 7. Accordingly, the following Notification shall be published in an Extraordinary Issue of Telangana State, Gazette dated the 26th February 2016.

NOTIFICATION In exercise of the powers conferred under Section 15(1-A)(g) of Mines & Minerals (Development & Regulation) Act, 1957, the Governor of Telangana State hereby issue the following guidelines on payment of Environment Impact Fee @ Rs.3/- per Square feet by builders for buildings above 10,000 Square feet of built-up area, as per the plan approved by the Competent Authority. (i) The “Environment Impact Fee” payable by the builders with built-up area more than 10,000 square feet @ Rs.3/- per square feet before approval of the building plan by the competent 106

(ii)

(iii)

(iv)

(v)

(vi)

authority. Environment Impact Fee is payable for the entire built-up area and it includes the area meant for parking and other allied services, which include pathway. It will be clarified to builders that Environment Impact Fee is on account of Building Construction Fee. Environment Impact Fee may also be payable for the ongoing construction ventures and just completed buildings by obtaining the data from the building plan approval authorities as per the guidelines to be evolved by the Director of Mines and Geology after approval by the Government. However, in the transition period, if there is any inspection either by the Vigilance and Enforcement Department or by the Officials of Mines and Geology, such builders shall avail the One Time Settlement Scheme introduced by the Government. The Environment Impact Fee is also payable on voluntary disclosure by the Builders based on the strength of the certificate issued by the licensed engineers by the Government regarding the extent of built-up area. Once Environment Impact Fee is paid by any Builder, the building plan approval authority shall issue a certificate in this regard to be produced by the builder before the inspection authorities from Vigilance and Enforcement Department or by the Officials of Mines and Geology. The Director of Mines and Geology shall evolve a mechanism by making available the information regarding the details of bonafide suppliers registered with the Department from time to time and ensure there is no leakage of Seigniorage Fee. This order issued with the concurrence of Finance Department vide their U.O.No.150/10/ EBS-VII/ I&C/ 2016, dated:06.02.2016. ARVIND KUMAR Secretary to Government & Cip

13. MA&UD Dept- Vacant land Tax - Reduce the Vacant land tax in muncipalities in the State- Orders - Issued GO Ms.No. 454 Ref : 1. GO MS No. 469 MA Dt: 31-07-1993

Dated: 25th, October, 2004

✦✦✦

ORDER Oreders were issued vide reference 1st read above levying vacant land tax by all the municipalities at 1% of the Capital value as per the Market Value Register of the Registration Department. The vacant land tax is being levied @ 1% of the Capital Value has become an iniquitous burden to the tax payers because in several cases it was empirically noticed that the vacant land tax was more than 2 to 3 times of the property tax of a well built structure situated in the same locality. 2. After careful examination, Government hereby reduce the vacant land tax in Muncipalities from 1% of the Capital Value of the land (as per the latest value of Registration Department) to 0.20% with immediate effect. 3. All the Municipal Commissioners of the municipalities in the state shall follow the above orders scrupulously. J.R. ANAND Principal Secretary to Government

107

14. Municipal Administration & Urban Development Department Memo.No.15114/Ml/2013 Sub :

Dated: 15.02.2014

MA&UD - Vacant Land Tax (VLT)-Resolution of issues on Vacant Land Tax, Applicability of VLT - Instructions Issued - Reg.

Ref : 1. From CEO, CREDAI,Andhra Pradesh, Lr.No. CREDAIAP/ 48/ 2013-14, Dt: 28.06.2013 2. Memo.No.15114/ Ml/ 2013, Dated: 09.07.2013, 11.12.2013 3. Circular C.No.018/13th FC/ CDMA/ 2013, Dated: 16.10.2013 4. From the Commissioner, GVMC Lr.Rc.No.14764/ 2010/ DC(R), Dated: 12.12.2013 5. Memo.No.15114/ Ml/ 2013, dt: 27.01.2014 ✦✦✦

ORDER It has came to the notice of the Government that, in most of the Municipal Corporations Vacant Land Tax (VLT) is being collected at the time of sanction of building permission and it is not being collected regularly on half year/ annual basis as done in the case of Property Tax. VLT is levied for different periods of time in different Municipal Corporations when applicants are approaching for building permissions. In respect of Hyderabad and Vijayawada, VLT is levied immediately preceding year. In respect of GVMC, tax is levied immediately preceding 3 years. From the provisions of Act, it is not clear whether the VLT is to be levied during the construction period or not. 2.

Hence, Government vide reference 5th cited constituted a Committee with the Commissioner & Director of Municipal Administration, Hyderabad as Chairman and the Director of Town & Country Planning, Hyderabad and the Additional Director, MA&UD Department as Members to suggest uniformity of application of levying VLT as per Act and Rules in all Urban Local Bodies in the State.

Accordingly, the Committee has submitted its report stating that, as per the Act provisions, any assessment or reassessment can be imposed for a period less than 3 years retrospectively and it shall not be beyond 3 years. Since the Act provision indicates only the upper limit i.e., not beyond 3 years, the Government can issue orders specifying the time period for which VLT to be collected at the time of issue of Building Permission in order to have uniformity, to avoid any malpractices and to remove discretation at the level of Municipal Commissioner.

Government after careful examination of the matter & in the light of report submitted by the Committee, in order to have uniformity and to avoid any malpractices and to remove discretation at the level of Municipal Commissioners, hereby instruct to collect Vacant Land Tax (VLT) for one (1) year at the time of issue of Building permission.

All the officers noted in the address entry shall take necessary action accordingly and issue instructions to the concerned in the matter. Dr. S.K. JOSHI Principal Secretary to Government

Z 108

15. Telangana Rules for Construction and Regulation of Multiplex Complexes, 2007 Notification -Issued. MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT (M1) DEPARTMENT GO Ms.No.486

Dated: 07-07-2007 ✦✦✦

ORDER The following Notification shall be published in the Extraordinary Issue of the Telangana Gazette Dated 09-07-2007.

NOTIFICATION In exercise of powers vested in Section 58 of the Telangana Urban Areas (Development) Act, 1975, Section 585 of the HMC Act, 1975, Section 44 (2) (v) of the Telangana Town Planning Act, 1920, Section 326 (1) of the Telangana Municipalities Act, 1965 and Section 125 of the Telangana Panchayat Raj Act, 1994, the Government of Telangana hereby issue the following Rules. 1.

These Rules may be called “The Telangana Rules for Construction and Regulation of Multiplex Complexes, 2007”

(i)

These Rules shall be applicable to the whole of the State of Telangana.

(ii) These Rules shall come into force from the date of publication in the Telangana Gazette. All existing rules, regulations, bylaws, orders that are in conflict or inconsistent with these Rules shall stand modified to the extent of the provisions of these rules. (iii) Provisions of the Telangana Cinemas (Regulation) Act, 1955 will need to be strictly adhered to. It is, however, clarified that the rules of the Telangana Cinema (Regulation) Rules 1970 will apply to the multiplex buildings as a whole and not the individual cinema halls within it. The provisions of the said Telangana Cinema (Regulation) Rules 1970 are deemed to be relaxed to allow activities mentioned in the definition of Multiplex as given below; 3.

Definitions: (a)

“Multiplex complex” shall mean an integrated entertainment and shopping center/ complex or a shopping mall and having at least three (3) cinema halls/ screens. Apart from Cinema Halls, the entertainment area may have restaurants, cafeteria, fast food outlets, video games parlors, pubs, bowling alleys, health spa/ centers, convention centers, hotels and other recreational activities. However, habitable areas like hotels, service apartments shall not be allowed in the same block where the Multiplexes are set up and shall be allowed only as a separate block. Such a Complex may be spread over the site or be in one or more blocks which may be high-rise buildings or normal buildings.

(b)

‘Building Approving Authority’ means in UDA areas the Commissioner of Municipal Corporation in municipal Corporation area or the Vice-Chairman of the Urban Development Authority in areas outside the limits of Municipal Corporation as the case may be. In case of areas falling in non UDA areas, Building Approval Authority will be respective local body. However they shall obtain prior Technical Approval from the Director of Town & Country Planning.

(c)

“Licensing Authority: means the licencing authority under the Telangana Cinema (Regulation) Act, 1955 and rules made there under for issuing licences for cinema theatres in the Multiplex Complex. 109

(d) 4.

6. (A)

(B) (C) 7. 7.1

7.2

110

Words, expressions and definitions not defined herein shall have the same meaning as given in the National Building Code of India, 2005. Redevelopment of existing cinema halls into Multiplex Complex: Conversion of existing cinema halls’ to multiplex complexes will be allowed if they comply with the requirements given hereunder. Site Requirements for Multiplex Complexes: (i) The minimum size of plot for a Multiplex shall be 3000 sq m. (ii) The minimum abutting road width for a multiplex shall be 18 m existing. The abutting road has to be black-topped with minimum 2 -lane carriageway. Service roads are required for sites abutting 30 m and above roads and approach shall be allowed only through service road. The width of the service road shall be minimum 7m with minimum 2-lane black topped carriageway and shall be undertaken by the owners of such buildings to the extent of the width of their site. Location Criteria: The locational criteria of a Multiplex Complex shall be the same as given in the Telangana Cinemas (Regulation) act, 1955 and Clause 3.2 of Part 4 of National Building Code. And in addition to this, shall comply with Clause 3.2 of Part 4 of National Building Code (wherever applicable). The location shall be further subject to: (i) The requirement of furnishing traffic impact study and based on the traffic impact study a traffic management plan for such Complex will be required to be undertaken through a qualified consultant. (ii) NOC from the Police Department (Traffic) and Director-General of Fire Services will be a pre-requisite for considering the building permission by the Building approving authority. (iii) Multiplex Complexes shall not be allowed in Congested areas and settlement areas/ Abadi/ Gram khantam areas, in areas restricted for High-rise buildings and abutting major road junctions. (iv) Multiplex Complexes shall not be allowed in purely residential areas/ localities. (v) Where zoning regulations of a statutory Plan/ Scheme are in force, multiplex complex site location shall be governed as per such zoning regulations. Multiplexes may be permitted in a zone or scheme declared as tourism zone/area along with other recreational facilities. Government may by Notification, declare certain roads in any UDA/local area where Multiplex Complexes shall not be allowed. Building Requirements: The building bulk, coverage and height shall be governed by the minimum alround setbacks to be left, the organised open spaces to be left and the height restrictions imposed by the Airport authority (if applicable)/Defence authorities (if applicable) and Fire Services Department and the Area-level Impact fee on built up area required to be paid, as applicable. Every application to construct or reconstruct a Multiplex Complex shall be made in the prescribed form and accompanied by detailed plans and floor plans of all floors drawn by a registered architect, along with complete set of structural drawings and detailed specifications duly certified by a qualified structural engineer. Necessary prior No Objection Certificate shall be submitted from the Airport Authority (if applicable), and Directorate of Fire Services along with the application. The fire safety requirements shall be duly certified by a fire engineer.

7.3 The minimum alround setbacks for a multiplex Complex shall be as follows:

TABLE

(A) Height of the Building (in m.)

Minimum front open space (in m.)

Minimum open space on reaming sides (in m.)

Up to 15 Above 15 & Upto 21mt Above 21mt & Upto 24 mt Above 24 m & Upto 27 mt Above 27 m & Upto 30 mt Above 30 m & Upto 34 mt Above 35 m & Upto 40 mt Above 40 m & Upto 45 mt Above 45 m & Upto 50 mt Above 50 m

12 12 12 12 12 12 12 13 14 15

6 7 8 9 10 11 12 13 14 16

(i)

Provided the maximum height of the block/portion wherein the Multiplex screens are set up shall be subject to NOC from the Fire Services Department/ Airport Authority of India. (GO Ms.No.8, MA&UD, Dated: 05-01-2016)

(ii) Provided in case of sites located in Gram Panchayat areas and outside UDA areas, the maximum height of all blocks permissible shall be 30 metres; (iii) Provided that in case of two or more blocks in the same site, the space between the two blocks shall be as given in Column (3) of the above Table. (iv) Provided that for heights of blocks above 30 m and up to 45 m, the minimum abutting road width shall be 24 m while for blocks of height above 45 m, the minimum abutting road width shall be 30m (B) No relaxation in the above-mentioned open Spaces or transfer of setbacks shall be allowed: After the rule 7.3 (b) the following is added namely, (i)

However, where any land or site or premises for building is affected in the Statutory Plan/Master Plan Road or Circulation network or a road required to be widened as per Road Development Plan, such area so affected in the road or circulation network shall be surrendered free of cost to the Sanctioning authority by the owner of land. No development permission shall be given unless this condition is complied with.

(ii) Upon surrendering such affected area, the owner of the site would be entitled to Transferable Development Rights, as given in rule 17 of the Andhra Pradesh Building Rules, 2012 or the owner shall be allowed to avail the following concessions in setbacks except front setback. (1)

In case of Front Setback, no concession shall be given and Front Setback should be maintained as per these rules issued in G.O.Ms.No.486, MA&UD (M1) Department, Dated 07.07.2007.

(2)

Concession of Setbacks in remaining three sides may be is allowed for Upper floors above Ground & First Floor of the building onwards with a maximum concession upto 2.00 meters, subject to maintaining minimum required Setback 111

in Ground & First floor as per the rules prescribed in Multiplex rules, issued in GO Ms. No. 486 MA&UD (M1) Department, Dated: 07.07.2007, subject to maintaining a minimum Setback of 7meters for Upper floors above ground and First floor and such minimum setback area shall be clear without any obstructions to facilitate movement or fire fighting vehicles and effective fire fighting operation. (3)

The extent of concessions given shall be such that the total built up area after concession shall not exceed the sum of built up area allowed (as proposed) on total area without road widening and built up area equivalent to surrendered area. (4) The above concessions shall be considered at the level of Sanctioning Authority/ Competent Authority. (Added vide Amendment in GO Ms No. 342 Dt: 18-07-2013) 7.4. Construction Requirements: (i) The building requirements, building services, specifications and standards specified in the National Building Code, 2005 shall be complied with. (ii) Construction of such buildings shall be undertaken by owners by engaging registered architect, licenced builder, fire engineer and licenced structural engineer. The designs and building plans shall be countersigned by the owner, licenced builder, registered architect, licenced engineer, qualified & licenced structural Engineer and a fire engineer who shall be responsible for the supervision, structural safety, fire safety and compliance of the specifications for such buildings. (iii) Buildings shall be designed for earth quake resistance and resistance for other natural hazards. The Completion Certificate obtained from the registered architect shall mention that the norms have been followed in the design and construction of buildings for making the buildings earthquake resistant, compliance with structural safety and fire safety requirements as per the relevant provisions of National Building Code & Telangana Fire Services Act. (iv) The exit and fire safety requirements shall be in accordance with Part-IV of National Building Code of India. The fire safety measures shall be undertaken by engaging the services of a fire protection engineer. The following minimum Fire Fighting Installations are to be provided as per Table 23, Part - 4 of National Building Code of India, 2005: Sl.No 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 112

Fire Fighting Installation Fire Extinguishers as per IS 2190 Hose reel Wet riser Yard hydrant Automatic sprinkler system in entire Building Automatic detection and alarm system in entire Building (except Cellars) Manually operated electrical alarm system in entire Building (except Cellars) Underground static water tank of 2,00,000 Liters capacity Terrace tank of 20,000 Liters capacity Two Electrical Main pumps of 2850 LPM capacity Diesel pump (Standby of 2850 LPM capacity Electric Jockey pump of 180 LPM capacity

vi)

The work of other building services like sanitation, plumbing, lifts, electrical installations, and other utility services shall as per National Building Code standards and shall be executed under the planning, design and supervision of qualified and competent technical personnel. The means of escape shall be provided as per the Clause 4 (Exit Requirements), Part 4 of National Building Code of India. (a) Capacities of Exits shall be calculated as per Clause 4.4, Part 4 of NBC, 2005. (b) Arrangement of Exits shall be as per Clause 4.5, Part 4 of NBC, 2005. (c) Number of Exits shall be provided as per Clause 4.6, Part 4 of National Building Code, 2005. (d) Doorways shall be provided as per Clause 4.7, Part 4 of National Building Code, 2005. (e) Corridors and Passageways shall be provided as per Clause 4.8, Part 4 of National Building Code, 2005. (f) Internal Staircases shall be provided as per Clause 4.9, Part 4 of National Building Code, 2005. (g) Pressurization of Staircases shall be provided as per Clause 4.10, Part 4 of National Building Code, 2005. (h) External Staircases shall be provided as per Clause 4.11, Part 4 of National Building Code, 2005. (i)

Horizontal Exits may be provided as per Clause 4.12, Part 4 of National Building Code, 2005.

(j)

Fire Tower shall be provided as per Clause 4.13, Part 4 of National Building Code, 2005.

(k)

Ramps shall be provided as per Clause 4.14, Part 4 of National Building Code, 2005.

(l)

Fire Lift shall be provided as per Clause 4.15, Part 4 of National Building Code, 2005.

(m) Emergency and Escape Lighting shall be provided as per Clause 4.16, Part 4 of National Building Code, 2005. (n)

Illumination of Means of Exit shall be provided as per Clause 4.17, Part 4 of National Building Code, 2005.

(o)

Fire Detection and Warning shall be provided as per Clause 4.18, Part 4 of National Building Code, 2005

vii) “SMOKE MANAGEMENT: The following measures are to be provided to prevent the spread of smoke easily to the other floors, which may affect the life safety of the occupants particularly, the Cinema viewers; (A) For Types 1 to 3 constructions as given Clause 3.3 in the National Building Code (Part-IV), a doorway or opening in a separating wall on any floor shall be limited to 5.6m 2 in area with a maximum height/width of 2.75 m. Every wall opening shall be protected with fire-resisting doors having the fire rating of not less than 2 h in accordance with accepted standard [4(7)].All openings in the floors shall be protected by vertical enclosures extending above and below such openings, the walls of such enclosures having a fire resistance of not less than 2 h and all openings therein being protected with a fire resisting assembly as specified in clause 3.4.8 & 3.4.9 of Part-4 of NBC. 113

(B) Openings in walls or floors which are necessary to be provided to allow passages of all building services like cables, electrical wirings, telephone cables, plumbing pipes,etc,shall be protected by enclosure in the form of ducts/ shafts having a fire resistance not less than 2 h. The inspection door for electrical shafts/ ducts shall not be less than2 h and for other services shafts/ ducts, the same shall have fire resistance not less than 1h. Medium and low voltage wiring running in shafts/ducts, shall either be armored type or run through metal conduits. Further, the space between the conduits pipes and the walls/ slabs shall be filled in by a filter material having fire resistance rating of not less than 1 h as per clause 3.4.8.3 of Part-4 of National Building Code. (C) Openings in separating walls and floors-Attention shall be paid to all such factors as will limit fire spread to these opening and maintain fire rating of the structural member. Every wall opening shall be protected with Fire resisting doors having fire rating of not less than two hours. All openings in the floors shall be protected by vertical enclosures extending above and below such openings, the wall of such enclosures having a fire resistance of not less than two hours and all openings therein being protected with a fire resisting assemble as per Clause 3.4.8, Part 4 of National Building Code of India,2005. (D) Every vertical opening between the floors shall be suitably enclosed or protected, as necessary to provide the following: (i) Reasonable safety to the occupants while using the means of egress by preventing spread of fire, smoke, or fumes through vertical openings from floor to floor to allow occupants to complete their use of the means of egress. Further it shall be ensured to provide a clear height of 2100 MM in the passage/escape path of the occupants. (ii) Limitation of damage to the building and its contents (Clause 3.4.8.4) Part- 4 of National Building Code of India, 2005. (E) Where openings are permitted, they shall not exceed three-fourths the area of the wall in the case of an external wall and they shall be protected with fire resisting assemblies or enclosures having fire resistance equal to that of the wall or floor in which these are situated. Such assemblies and enclosures shall also be capable of preventing the spread of smoke or fumes through the openings so as to facilitate the safe evacuation from the building in case of fire. (F) (i) Air conditioning and ventilating systems shall be so installed and maintained as to minimize the danger of spread of fire, smoke or fumes from one floor to other or from outside to any occupied building or structure (Clause 3.4.11.1) Part 4 of National Building Code of India 2005. (ii) Air-conditioning and ventilating systems circulating air to more than one floor or fire area shall be provided with dampers designed to close automatically in case of fire and thereby preventing spread of fire or smoke and shall be in accordance with the accepted standard [4(10)]. Such a system shall also be provided with automatic controls to stop fans in case of fire, unless arranged to remove smoke from a fire, in which case these shall be designed to remain in operation (iii) Effective means for preventing circulation of smoke through the A C system in case of fire in air filters or from other sources drawn into the system, and shall have smoke sensitive devices for actuation in accordance with the accepted standards (Clause 3.4.11.3) Part 4 of National Building Code of India 2005. (iv) Separate air handling units for each floor shall be provided to avoid the hazards arising from spread of fire and smoke through air conditioning ducts (Clause 3.4.11.4) Part 4 of National Building Code of India 2005. 114

(v)

Fire Dampers shall be provided in the AC system in accordance with the accepted standards designed so as to close automatically in case of fire and thereby preventing spread of fire or smoke.

(G)

Pressurization of stair cases shall be done as per Clause 4.10, Part 4 of National Building Code of India 2005.

(H)

Provision of pressurized lift lobby with self-closing smoke stop doors of 2 hour Fire resistance, one in the lift lobbies of all the cellars.

(I)

Smoke venting facilities for safe use of exits shall be provided as per Clause 3.4.12, Part 4 of National Building Code of India 2005.

(J)

Basement ventilation shall comply to Clause C 1.6 of Annexure-C of Part 4 of National Building Code of India, 2005.

7.5. Parts of the Building requirements: The parts of the Building requirements shall conform to National Building Code of India, 2005 with regard to: A.

Materials: Flame retardant material only should be made use for interior decoration and upholstery to prevent generation of toxic smoke/ flames. The surface interior finishes shall comply as per Clause 3.4.15, Part 4 of National Building Code of India 2005.

Compartmentation: (i)

The Building shall be suitably compartmentalized so that Fire/Smoke remained confined to the area where Fire Incident has occurred and does not spread to the remaining part of the Building as per Clause C - 9, Annexure “C”, Part 4 of National Building Code of India, 2005.

(ii) Fire doors with 2 hour fire resistance shall be provided at appropriate place along the escape route and particularly at the entrance to the lift lobby and stair well to prevent spread of fire and smoke as per Clause 4.2.9, Part 4 of National Building Code of India 2005. (iii) In Multiplexes, large inter floor openings may be there, in which conventional compartmentation may be difficult. In such case, special compensative measures are required as per reputed Standards. (eg. NFPA, 1992). C.

Fire Lift: Fire lifts complying to clause C1.5 Q of Annexure-C of Part 4 of National Building Code of India 2005 shall be provided.

Emergency Lighting: Illumination of means of exit in stair case and corridors shall comply with Clause C.1.14 of Annexure-C, Part 4 of National Building Code of India 2005.

Fire Officer: Qualified Fire Officer with experience of not less than 3 years shall be appointed who will be available on the premises as per Clause C 6, Annexure-C, Part 4 of National Building Code of India 2005.

Building Evacuation Supervisor: Appointment of Building Evacuation Supervisor as per Annexure “E”, Part 4 of National Building Code of India, 2005 for conducting periodical Fire Drills and to ensure safe evacuation in case of any emergency.

7.6. Seating arrangements in theaters: (i)

The seating arrangements shall conform to the Exit facilities as per Clause 6.4.4, Part - 4 of National Building Code of India, 2005.”

(ii) Notwithstanding (i) above, the distance between the screen and the first front row of seats shall not be less than the height of the screen or the top picture height of the screen. 115

7.7. Parking Requirements: (a) The parking requirements within the site shall be as follows: Parking area to be provided as percentage of total built up area (inclusive of all internal aisles, driveways, stairs, etc. Type of Building

In Municipal Corporation area

In other areas

Multiplex complexes (inclusive of all activities aeras)

60%

50%

The parking spaces may be provided in: (i)

basements or cellars or

(ii) on stilt floor or (iii) In the open space over and above the minimum required set-backs (except the front set-back) to be left around the building with adequate vehicular access, aisle, drives, ramps required for maneuvering of vehicles. (iv) Multi-level parking complex adjoining to the complex within the site may be considered provided that a minimum clear open space of 6m from the site boundary is ensured. 7.8. Landscaping and greenery: (i)

A minimum 2 m wide green planting strip in the periphery on all sides within the setbacks are required to be developed and maintained.

(ii) In addition to (i) above, an organized open space of at least 10% of total site area shall be maintained and utilized as greenery over and above the mandatory alround setbacks. This could be part of the interior open space or be in one or more pockets. (iii) The landscaping and greenery shall be undertaken as per the guidelines given in the National Building Code and subject to provision of hard and motorable leveled ground to facilitate operation of Hydraulic Platform. (iv) Trees shall be planted within the periphery of the site at the rate of 1 tree per 100 sq.m of site area. 8.

City/ Area level impact fee payable: In addition to the building permit fees and other charges payable, City/Area level impact fee shall be payable for heights of floors above 15m where the height of the building or block is more than 15m at the following rates: Rate in Rs. Per sq.m of Built up area Height

Metro areas (Hyderabad/ Visakhapatnam/ Vijayawada Mpl. Corps.)

Above 15 m and upto 24 m

1000

800

500

Above 24 m and upto 30 m

1500

1200

800

Above 30 m and upto 50 m

2000

1500

1000

2500

2000

1500

Above 50 m (i)

Other Mpl. Corps.

Other Mpltys & Panchayat areas

While calculating the Impact fee parking areas/ blocks will be exempted.

(ii) The Impact fees so collected by the Building approving authority shall be maintained in a separate escrow account and utilized only for upgrading of infrastructure and services in the area concerned. 116

(iii) Fire Precaution Fund: A fee at the rate of Rs.10 per sq.m of built up area shall be payable towards Fire Precaution Fund to the Fire Services Department. 9.

Building Permission to be obtained before commencement of construction: After obtaining the provisional license and site clearance from the Licensing authority, the owner/ applicant shall obtain necessary building permission from the Building approving authority as the case may be, before commencing the construction. 10. Occupancy Certificate to be obtained: The final license shall be issued by the Licensing Authority only after the owner/ applicant submits a final NOC from the Fire Service department and an Occupancy Certificate in the prescribed format from the Building Approving Authority. For obtaining the Occupancy Certificate, the owner shall submit a notice of completion through the registered architect and licensed builder/ developer along with prescribed documents and plans and Final NOC from the Fire Service Department to the Building Approving Authority. The Building Approving Authority on receipt of such notice of completion shall undertake inspection with regard to the following aspects: (a) Number of floors. (b) External set-backs (c) Parking space provision (d) Abutting road width, and shall communicate the approval or refusal of the occupancy certificate within 15 days. 11. Maintenance & Management: Such multiplex complexes shall be under the overall control and management of a single management body who shall be responsible for the public safety, maintenance and public convenience/ amenities. S.P.SINGH Principal Secretary

117

16. MA&UD Department-Development-Ease of Doing Business-Risk Based classification of Buildings-Orders-Issued. MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT (M1) DEPARTMENT GO Ms. No.112.

Dated: 22.04.2016

1. GO Ms.No.168 MA Dated: 07.04.2012 2. GO Ms.No. 7, 8, 9, 10 MA & UD (M1) Dept., Dated: 05.01.2016. 3. Govt, Memo N0.10812/ M1/ 2015, Dated: 05.01.2016. ✦✦✦

ORDER In an attempt to enhance the ‘Ease of Doing Business’ in the State of Telangana, Government have introduced several reforms and has taken steps for the effective implementation of the same. The reforms include Development Permission Management System (DPMS) for online Building Plan Approvals and Change of Land Use, simplification of existing building rules, streamlining of procedures etc., and Classification of buildings based on risk is one among them. The objective of risk based classification of buildings is three-fold Viz., enable ULBs/ UDAs’to focus on higher risk cases; focus on builders with a history of non-compliance and thirdly, proportionate, transparent and consistent approach to inspections. Applications for building permissions are assigned low/ high risk based on four parameters namely, height, hazardous buildings, public congregation and location of the proposed building. Buildings that satisfy the low risk criteria under all four parameters shall be placed in the low risk category and buildings which fall into high risk criteria under any one of the four parameters shall be placed in the high risk category. For each of these parameters, objective criteria are provided below. Parameter

Low Risk Criteria

High Risk Criteria

Height

Height < 15m

Height > 15m

Hazardous building

Non-industrial buildings and Green industries*

Gas and Petrol Pumps, Godowns, Orange and Red Industries*

Public Congregation

Independent Residential. Religious Structures, Office buildings, Hostels, Residential Apartments

Commercial establishments, Hospitals, Schools, Public congregation buildings, Multiplexes/theatres.

Location

Approved layouts/ Regularised layouts

Unauthorized layouts/ newly builtup areas, vicinity of restricted areas**

The schedule of inspections for each building application shall be as given below (1) The High Risk category building premises shall be inspected by the ULBs once before commencement of construction, once every six months during the construction and once post construction at the time of issue of Occupancy Certificate. During -construction, the builder is required to submit photographs of the structure/structures at foundation stage, cellar stage and the ground floor level stage. (2) The Low Risk category buildings shall be inspected by the ULBs once before commencement of construction and once post construction at the time of issue of Occupancy Certificate. 118

During construction, the builder is required to submit photographs of the structure/ structures at foundation stage, cellar stage and the ground floor level stage. In cases where the site is located in approved layouts, the ULBs shall inspect the building only at the time of occupancy certificate and the applicant shall submit photographs to the ULB to show compliance with sanctioned plan. In case the builder fails to submit the photographs in the ‘prescribed format, the ULBs shall inspect such premises and take appropriate action. The above orders shall come into force with immediate affect. M.G. GOPAL Special Chief Secretary to Government

16-A MA&UD Dept-Ease of doing business BRAP 2017- Risk based classification of BuildingsRevised-Orders-Issued. As per GO Ms.No.153

Date : 01-06-2017

GO Ms. No. 112, MA&UD (M1) Dept., Dt: 22-04-2015

Lr. Roc. No. 3669/ 2015/ P, Dt : 19-05-2017 of DTCP ✦✦✦

ORDER In an attempt to enhance the "Ease of Doing Business" in the State of Telangana, Government have introduced several reforms and has taken steps for the effective implementation of the same. The reforms include Development permission Management System (DPMS) for online Building Plan Approvals and Change of Land Use, simplification of existing building rules, streamlining of procedures etc., and Classification of buildings based on risk is one among them. Therefore, in the reference 1st read above, orders were issued specifying the criteria to be following for classification of buildings based on the risk. 2.

Now, the Department of Industrial Policy and Promotion (DTPP), Ministry of Commerce & Industry, Government of India, has communicated the Business Reform Action Plan (BRAP) 2017 under Ease of doing business. As per the BRAP-2017 Recommendation No.101 as part of obtaining construction permission, a computerzied system for identifying building/area that need to be inspected based on risk assessment has to be designed and implemented. Similarly, as per Recommendation No.112, as part of obtaining occupancy certificate, a computerzed system for identifying building/area that needs to be inspected based on risk assessment has to be designed & implemented.

In view of the above, Government after careful examination of the matter further categorise the buildings based on the risk as given below.

Type of Risk

Category of the Buildings and Reporting

Maximum Height of the Building

Frequency Inspection and Reporting

Municipal Officials Frequency State of Construction Low Risk Individual Criteria Residential

License Technical persons/ Engineers/ Architects At the time of Submission of Occupancy application

119

Buildings/ Residential Apartments/ Hostels Medium Risk Criteria

Residential Apartments/ Hostels in less than 2000 Sqmts

2.00mts

15.00 mts

*One year

Residential apartments more than 2000 Sqmts/ 15.00 mts Commercial/ hospitals/ Schools/colleges High Risk Assembly Buildings Criteria /Multiplexes Theatres/Gas and Petrol Pumps/ Godowns/ Industries /others

All heights

*Six months

*Three months

At the time Occupancy by giving Complection Certificate Certificate

a. Excavation of Cellar At the time Occupancy b. Foundation State Certificate c. Ground floor slab completion stage d. At the time Occupancy Certificate a. Excavation of a. Excavation of Cellar Cellar b. Foundation Stage b. At the time c. Ground floor slab Occupancy completion stage Certificate d. At the time Occupancy Certificate a. b. c. d.

Excavationof Cellar Foundation Stage First cellar Ground floor slab completion stage e. At the time Occupancy Certificate

a. Excavation of Cellar b. Foundation Stage c. Completion of First cellar, second cellar and subsequent cellars if any. d. Ground floor slab completion stage e. At the time of completion of every five floors f. At the time Occupancy certificate.

*Whichever is earlier

The above orders shall come into force with immediate effect and all the concerned authorities shall follow the above scrupulously in respect of Building Permissions/ Occupancy Certificates.

16-B Memo No.14061/M1/2015, Dated: 01-06-2017 As a part of EODB 2016, in the reference 1st cited instructions were issued mandating online submission of inspection report within 48 hours by the inspecting officers on the portal of Development Permission Management System (DPMS). 2. The Department of Industrial Policy and Promotion (DIPP), Ministry of Commerce & Industry, Government of India, has communicated the Business Reform Action Plan (BRAP) 2017 under Ease of Doing Business. As per the recommendation No. 102 & 113 of BRAP-2017, it is mandatory that all the inspections for issuing of Building Permissions/ Occupancy Certificate/ Change of Land Use shall be taken-up and it shall be responsibility of the Inspecting Officer that within 24 hours of completion of inspection, the inspection report shall be uploaded on the website of the respective Urban Local Body (ULB) and also on the portal of Developing Permission Management System (DPMS). 3. In view of the above, Metropolitan Commissioner, Hyderabad Metropolitan Development Authority/ Commissioner, Greater Hyderabad Municipal Corporation/ Director of Municipal Administration Department/Director of Town & Country Planning/ Managing Director, Hyderabad Metropolitan Water Supply & Sewerage Board shall ensure that all the inspecting officers uploads the inspection reports within 24 hours on the website of respective ULB and also on the portal of Developing Permission Management System (DPMS). 120

16-C Memo No. 7751/Ml/ 2017, Dated: 23.06.2017 The Attention of the Director of Town & Country Planning, Hyderabad is Invited to the reference cited. 2. In the reference cited, Director of Town & Country Planning, Hyderabad has reported that: (a) The Department of Industrial Policy and promotion (DIPP), Ministry of commerce& Industry, Government of India, has communicated the Business Reform Action Plan (BRAP) 2017 under Ease of Doing Business. (b) BRAP- 2017 Recommendation No-230, mandate that a single, joint site inspection shall by all concerned authorities such as fire, Sewerage, Electricity, Labour Water Department and internal departments responsible for granting construction permits in urban areas and IDCs. (c) As per the BRAP- 2017 Recommendation No-231, online single Window System shall be for granting construction permits with certain functionalities. A common Application Form (CAF) for all internal and external agencies required to provide applicable, NOCs/ Approvals such as Fire Services, water body, Discoms, AAI, NMA, Forest, labour, Factory Department etc and to facilitate the BRAP-2017 Recommendation No.231 (i.e., CAF) a single joint site Inspection of the departments is to be carried out as per BRAP-2017 Recommendation No.230. 3. Further he has stated that, among all those agencies involved in according building plan approval, one agency shall be selected as a Nodal Agency which will facilitate the joint site inspection and for ease of management and administration and he has suggested that following Departments may be made as Nodal Agency for coordinating the joint Site Inspection. S.No. Description Nodal Agency 1. 2. 3. 4. 5 4.

Within the HMDA Jurisdiction Within the GHMC Jurisdiction Within the KUDA Jurisdiction Within the GWMC Jurisdiction Within the DT & CP Jurisdiction

HMDA GHMC KUDA GWMC Concerned ULB

Further to facilitate the joint site inspection the DTCP has suggested the following procedure. (i) Once the application is received by the nodal agency, pre-scrutiny of the application shall be commenced. From a citizen perspective, the nodal agency is the single point of contact for building plan approval From the time the application is received, the timeline for approval shall begin. A time line of 3days is given to the departments to complete the pre-scrutiny activity and raise any shortfall in documentation/raise query. (ii) If any one of the department raises a query basing on the Common Application Form (CAF), the application shall be deemed incomplete and wii! not be placed in the queue for Joint Site Inspection. As soon as a query is raised, the time-limit calculation shall pause. (iii) The citizen shall be given a time period of 7 days to respond to the query. In case the citizen does not respond within the time limit, the application is deemed rejected. If the citizen sends in the response timely, the timeline for approval which has paused shall resume. (iv) Each department shall scrutinize the application and raise a query/ objection only once. Once the response is received, the application shall be considered for further processing and the Nodal Agency shall finalize the immediate available date for Joint Site Inspection. 121

(v)

All departments shall be notified of the date and are expected to participate in the inspection. All inspection reports shall be submitted online within 24 hours of the inspection as mandated. (vi) For the ease of maintaining time slots, the nodal agency shall initiate inspection every Tuesday and Friday. Those departments whose inspectors do not join the inspection on the specified date, it shall be deemed that such departments have No-Objection to the application. (vii) Hence, to ensure that such situation does not arise, departments shall allocate one Inspecting Officer and one stand-by Inspecting Officer to ensure that respective departments are duly represented in the inspection process, Government after careful examination of the matter has approved the above. The Director of Town & Country Planning, Hyderabad/Metropolitan Commissioner, Hyderabad Metropolitan Development Authority/ Commissioner, Greater Hyderabad Municipal Corporation/ Director of Municipal Administration/Vice-Chairman, Kakatiya Urban Development Authority/ Commissioners of all ULBs are requested to follow the above scrupulously.

16-D Memo No.7752/ M1/2017, Dated: 23-06-2017 The attention of the Director of Town & Country Planning, Hyderabad is invited to the reference cited. He is informed that the proposal sent vide reference cited by him to adopt the rates being followed by Greater Hyderabad Municipal Corporation/ Hyderabad Metropolitan Development Authority as detailed below for the purpose of scrutiny of structural designs in all ULBs has been agreed by the Government subject to condition, as and when the rates are revised by Greater Hyderabad Municipal Corporation/Hyderabad Metropolitan Development Authority, the same shall be adopted in ULBs also. SI.No. 1. 2. 3. 4. 2.

Total built up are (excluding parking area) Upto 1,00,000 Sft. 1,00,001 to 3,00,000 Sft. 3,00,001 to 5,00,000 Sft. Above 5,00,000 Sft.

Amount to be paid Rupees per Sft. Re.1/Rs.0.80 Rs.0.60 Rs.0.50

The Director of Town & Country Plang, Hyderabad is therefore requested to take further action accordingly.

16-E Memo No.8130/ M1/ 2017-1, Dated: 28-06-2017 The attention of the Director of Town &Country Planning, Hyderabad/ Metropolitan Commissioner, Hyderabad Metropolitan Development Authority/Commissioner, Greater Hyderabad Municipal Corporation/ Managing Director, Hyderabad Metropolitan Water Supply & Sewerage Board/ Director of Municipal Administration/Vice-Chairmen of Kakatiya Urban Development Authority, Yadagirigutta Temple Development Authority & Vemulawada Temple Area Development Authority/ Commissioners of all Urban Local Bodies/Director General, Fire Services/Member Secretary, State Environment Impact Assessment Authority Telangana /All District Collectors/Chief Engineer, Irrigation/is invited to the subject cited and they are informed that the Common Integrated Application from (as given in the Annexure) furnished by Director of Town & Country Planning, Hyderabad as part of compliance of Recommendation No. 237 of revised Business Reforms Action Plan-2017 (BRAP-2017) has been approved by the Government. They are therefore requested to take immediate action to integrate the same with the Development Permission Management System (DPMS) i.e., Online Building Approval System. 122

16-F Memo No.7961/ M1/2017-1, Dated: 28-06-2017 The attention of the Director of Town & Country Planning, Hyderabad/Metropolitan Commissioner, Hyderabad Metropolitan Development Authority/ Commissioner, Greater Hyderabad Municipal Corporation/ Managing Director, Hyderabad Metropolitan Water Supply & Sewerage Board/Director of Municipal Administration/Vice-Chairmen of Kakatiya Urban Development Authority, Yadagirigutta Temple Development Authority & Vemulawada Temple Area Development Authority/ Commissioners of all Urban Local Bodies/Director General, Fire Services/Member Secretary, State Environment Impact Assessment Authority Telangana is invited to the subject cited and they are informed that the Common Affidavit (as given in the Annexure) furnished by Director of Town &Country Planning, Hyderabad as part of compliance of Recommendation No. 227 of revised Business Reforms Action Plan-2017 (BRAP-2017) has been approved by the Government. They are therefore requested to take immediate action to integrate the same with the Development Permission Management System (DPMS) i.e., Online Building Approval System and same shall be followed while considering any Development/Building Permission in the entire State.

16-G Memo No.7798 / M1/2017-1, Dated : 29-06-2017 The attention of the Director of Town and Country Planning/Metropolitan Commissioner, Hyderabad Metropolitan Development Authority/ Commissioner, Greater Hyderabad Municipal Corporation/ Director of Municipal Administration/Vice Chair man’s of ail UDAs is invited to the reference cited. They are informed that in pursuance of the BRAP-2017 Recommendation No.233, following time limits are specified for construction permits, including sanctioning of building permits, inspections during construction stage and final completion cum occupancy certificate. 1.

Time limit for construction permit

within 30 days

Inspection after receipt of application for O.C.

within 7 days

Issue of O.C.

within 8 days-

16-H Memo No.14061/ M1/ 2016, Dated: 07-07-2017 The attention of Director of Town & Country Planning is invited to the subject and references cited. 2.

In the reference 3rd cited, the DTCP has reported that “the DIPP has issued revised BRAP 2017 (Recommendation Nos.102 & 113) for mandating online submission of inspection report to be done within 48 hours. Therefore, while customizing the already developed Software for Development Permission Management System (DPMS) “online submission of inspection report within 48 hours” shall be made mandatory as issued in the reference 1st cited and the Memo issued in the reference 2nd cited is withdrawn.

Therefore, the Metropolitan Commissioner, Hyderabad Metropolitan Development Authority/ Commissioner, Greater Hyderabad Municipal Corporation/ Commissioner & Director of Municipal Administration Department/ Director of Town & Country/ Managing Director, Hyderabad Metropolitan Water Supply & Sewerage Board shall take further action accordingly and ensure that the instructions are complied with without exception.

Z 123

17. MA&UD – HUDA – Outer Ring Road – Comprehensive Master Plan for 1 km belt on either side of the proposed Outer Ring Road (Hyderabad Outer Ring Road Growth Corridor) and Special Development Regulations – Approved - Orders - Issued. MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT (I1) DEPARTMENT GO Ms.No.470 1. 2. 3. 4. 5. 6. 7. 8.

Dated: 09-07-2008

GO Ms.No. 391 MA & UD (I1) Dept. dt: 23.06.1980 Govt. Lr.No.26378/ I1/ 2005, dt. 24.12.2005. From the V.C. HUDA. Lr.No.15299/ Plg/ H/ 05, dt: 19-04-2006. GO Ms. No. 274, MA&UD (I1) Department dt: 20.04.2007. GO Ms. No. 287, MA&UD (I1) Department dt: 03.04.2008. GO Ms. No. 288, MA&UD (I1) Department dt: 03.04.2008 Government Memo No.26379/ I1/ 2005, dt: 18-04-2007. From the V.C. HUDA. Lr.No.15299/ Plg/ ORR/ H/ 05, dt: 30-05-2008. ✦✦✦

ORDER The appended notification shall be published in an Extra-ordinary issue of the Telangana Gazette dated:11-07-2008. S.P.SINGH Principal Secretary to Government

APPENDIX NOTIFICATION Whereas the Hyderabad Urban Development Authority has taken up the development of proposed Outer Ring Road with a total length of 162 Kms and as the development of access controlled Outer Ring Road is likely to trigger large scale development along the Outer Ring Road Corridor, it was decided to undertake preparation of Comprehensive Development Plan with hierarchical road net work and frame Special Development Regulations for the areas falling under 1 Km belt on either side of Outer Ring Road so as to promote planned development and curb haphazard and ribbon development along the Outer Ring Road. And whereas, Hyderabad Urban Development Authority has prepared Comprehensive Plan and Special Development Regulations for the areas falling within the 1 Km belt on either side of the proposed Outer Ring Road (Hyderabad Outer Ring Road Growth Corridor) by modifying the Notified Revised Master Plan of Non-MCH area of HUDA (excluding the erstwhile MCH area and the newly extended area of HUDA) and Master Plan of HADA area and fresh Master Plan for the areas falling in extended HUDA area in Brahmanapally, Koheda, Pasumamla Tharamathipet, Bacharam, Thimmaiguda, Gowrelli and Vadagupalle villages to the extent of area covered by 1 Km stretch on either side of the proposed Outer Ring Road and submitted the same to the Government for approval. And whereas, Government, after consideration of the matter, proposed to approve the Comprehensive Master Plan and Special Development Regulations as prepared by HUDA for the areas falling within the 1 Km belt on either side of the proposed Outer Ring Road in the form of modifications to the Notified Revised Master Plan of Non-MCH area of HUDA (excluding the erstwhile MCH area and the newly extended area of HUDA) and Master Plan of HADA area and fresh Master Plan for the areas falling in extended HUDA area in Brahmanapally, Koheda, Pasumamla, Tharamathipet, Bacharam, Thimmaiguda, Gowrelli and Vadagupalle villages in exercise of the powers conferred under section 12(2) of Telangana Urban Area (Development) 124

Act, 1975 read with rule 13(A) of Urban Development Authority (Hyderabad) Rules 1977 and section 9(1) of Telangana Urban Areas (Development) Act, 1975. Accordingly, a notification has been published in the Extraordinary issue of Telangana Gazette No.232, part-I dated 20-04-2007, as required under Telangana Urban Areas (Development) Act, 1975 inviting objections and suggestions on the Comprehensive Master Plan and Special Development Regulations for the 1 Km belt on either side of the Outer Ring Road i.e., Hyderabad Outer Ring Road Growth Corridor. And whereas, in response to the above notification, a number of objections/ suggestions have been received from public with regard to certain land uses, road widths/ alignments and on Special Development Regulations, these objection/ suggestions were referred to and examined by the V.C., HUDA. After examining the above objections/ suggestions, the V.C., HUDA has submitted the modified Master Plan and Special Development Regulations along with a report on the objections/ suggestions to Government for approval. Now, therefore, Government, after careful examination of the modified Draft Master Plan and Special Development Regulations submitted by V.C., HUDA and in exercise of the powers conferred by sub-section (2) of Section 12 and sub-section 1 of section 9 of Telangana Urban Areas (Development) Act, 1975 (Act-1 of 1975), hereby approve the Master Plan for Hyderabad Outer Ring Road Growth Corridor along with the Special Development Regulations specified in the Annexure to this order in the form of modifications to the Notified Revised Master Plan of Non-MCH area of HUDA (excluding the erstwhile MCH area and the newly extended area of HUDA) and Master Plan of HADA area and in the form Master Plan for the areas falling in the newly extended HUDA area in Brahmanapally, Koheda, Pasumamla, Tharamathipet, Bacharam, Thimmaiguda, Gowrelli and Vadagupalle villages. The said Comprehensive Hyderabad Growth Corridor Development Plan and Special Development Regulations can be seen in the Office of the Vice-Chairman, Hyderabad Urban Development Authority, Hyderabad during the office hours till such time these are printed and made available for public. S.P.SINGH Principal Secretary to Government

ANNEXURE to GO Ms.No. 470 MA&UD (I1) Deptt. Dt: 09–07-2008 Special Development Regulations for the Hyderabad Outer Ring Road Growth Corridor, 1 KM Belt on either side of the ORR 1.

Short Title, Applicability & Commencement: These regulations may be called “Special Development Regulations for the Hyderabad Outer Ring Road Growth Corridor (ORR-GC)” and shall come into force from the date of notification in the Telangana Gazette. These regulations shall be applicable to all areas coming under the jurisdiction of the growth corridor (1 Km on either side of the outer edge of the Outer Ring Road Right-OfWay). These regulations shall apply to all development and building activity in the said area. All existing regulations, by-laws, orders that are in conflict or inconsistent with these Regulations shall stand modified to the extent of the provisions of these regulations for the said area. All other regulations not mentioned here specifically will be read as per and with the earlier regulations in force. 125

2. (i)

Definitions: Competent Authority means: the Vice Chairman of the Hyderabad Urban Development Authority (HUDA)/ Hyderabad Airport Development Authority (HADA) (ii) Enforcement Authority means the Commissioner of Greater Hyderabad Municipal Corporation (GHMC) or the Executive Authority of the Gram Panchayat in case of areas outside GHMC/ Vice Chairman of the Hyderabad Urban Development Authority/ Hyderabad Airport Development Authority or a Special Unit created for the purpose of sanctioning and monitoring building and development activity. (iii) ORR means Outer Ring Road (iv) ORR GC means Outer Ring Road Growth Corridor. (One Kilometer on either side from the outer edge of the ORR Right of Way) and as per the areas given in Annexure. (v) SDZ means Special Development Zone of the ORRGC. (vi) TDRs mean Transferable Development Rights. “Transferable Development Right” (TDR) means an award specifying the built up area an owner of a site or plot can sell or dispose or utilize elsewhere, whose site or plot is required to be set apart or affected for a community amenity or development for public purpose in the Master Plan/ Statutory Plan or in road widening or covered in recreational use zone, etc. and applicable only after such lands are vested with the local body/ Urban Development Authority as the case may be. The award would be in the form of a TDR Certificate issued by the Competent Authority. (vii) High-Rise building means a building 18 meters or more in height. However, chimneys, cooling towers, boiler, rooms/ lift machine rooms, cold storage and other non-working areas in case of industrial buildings and water tanks, and architectural features in respect of other buildings may be permitted as a non-High Rise building. Buildings less than 18 m including stilt floor/ parking floor stand excluded from the definition of high-rise buildings. (vii) Height of building means height measured from the abutting road and in case of undulated terrain height can be considered as average of the corresponding ground level or formation level of proposed site. (viii) Sanctioning Authority means: the Vice Chairman of the Hyderabad Urban Development Authority/Hyderabad Airport Development Authority/ Cyberabad Development Authority or the Commissioner of Greater Hyderabad Municipal Corporation (GHMC) Terms and expressions which are not defined in these Regulations shall have the same meaning as in the respective Regulations/ regulations/by-laws of the respective local authorities and as defined in the National Building Code as the case may be, unless the context otherwise requires. 3. Special Development Zone (SDZ) (i) The Land Use of this entire zone is classified as Multipurpose Use Zone excluding the areas specifically earmarked for Roads, Open Space and Recreational, Transportation and Public Utilities and Amenities Zone. The uses permissible shall be given in Table 1. No expansion of existing industries and no new industries shall be permitted. Warehousing, loading unloading, steelyards, whole sale open stocking, market yards, construction material stocking shall be permitted only in specified transportation zone. Existing industrial estates may remain part of the ORR GC as long as the industries are non-polluting and as certified by the State Pollution Control Board. No new polluting activity (industrial or otherwise) shall be permitted in the SDZ of the ORRGC. For areas covered under GO Ms. No. 111 MA dated: 08.03.1996 (protection of Catchment area of Osmansagar and Himayatsagar lakes), the restrictions on building and development activity imposed in the said Government order would be applicable. 126

Table 1 The categories of zoning shall be as follows: S.No 1.

Name Special Development Zone

Constituent Uses permissible ●

● ● ● ●

Open Space, Recreational, Water Body

Transportation & Circulation

Public Utilities and Amenities Zone

●

Residential (new growth as well as existing settlements) Commercial (Commercial activity shall be allowed at all locations only on roads 18 mtrs wide and above). Social Infrastructure Institutional Work Centres excepting industries Any other non polluting non hazardous use not specified. Regional Parks, green buffers, lakes, nallahs, reserve forests, plantation zones. Roads, Parking areas, truck terminals, warehousing, whole sale market yards, stockyards of various materials including constructions material, loading unloading areas, any other specific non conforming uses. Public utilities and amenities like police station, fire station, electric sub stations and other public utilities.

(ii) The ORRGC is characterised by two SDZs. SDZ 1 means the area within or inside the ORR (towards the City side) and within the ORRGC. SDZ 2 means the area outside the ORR (away from the City side)and within the ORRGC (iii) The same regulations shall apply to all areas abutting the radial roads connecting the ORR but falling within the ORR GC area only. (iv) No change of land use shall be allowed within the ORRGC. 4. Development on Independent plots: Minimum developable independent plot size for Apartment Complexes and all other non-residential uses shall be 1000 sq mtrs with a minimum abutting road width of 12.2 Meters. 5. Layout Development I. Regulation 5 (ii) shall be substituted with the following: 5.ii. Minimum area & other requirement for Layout Development: (a) The minimum area for layout development shall be 4 hectares. Out of the total area, 10% of the land shall be set apart for open spaces for recreation and community purposes. This will also include up to 2.5 % land required to be set apart for social infrastructure. (b) From the developable area, 5 % of area is to be given to Hyderabad Urban Development Authority/ Hyderabad Airport Development Authority free of cost for capitalization towards provision of Master Plan facilities. This condition is applicable only to sites located outside Greater Hyderabad Municipal Corporation limits. The owner/ developer has the option of paying 1.5 times the basic value of such land to Hyderabad Urban Development Authority/Hyderabad Airport Development Authority in lieu of such land to be given to Hyderabad Urban Development Authority/Hyderabad Airport Development Authority. (c) Atleast 5 % of the developable land to be developed within the site for Economically Weaker Sections of Society (EWS) housing facility with maximum plot size of 50 sq m, and atleast 5% for Lower Income Group housing facility with maximum plot size of 127

100 sq m. The developer can also opt for developing only EWS plots in lieu of LIG Housing. (d) In case it is not found feasible to provide the minimum 5 % EWS and 5% LIG plots within his site, the owner/ developer is given option to develop the minimum required number of plots under both categories in any land within 5 km radius of the existing site with minimum BT road connectivity of 12 m. Alternatively, the owner/ developer may hand over equivalent land to Hyderabad Urban Development Authority/ Hyderabad Airport Development Authority for development of EWS/LIG plots by Hyderabad Urban Development Authority/ Hyderabad Airport Development Authority/public agency within 5 km radius of the existing site”. II. Regulation 5 (iii) shall be substituted with the following: 5.iii.Group Housing Schemes: (i) In respect of Group Housing Projects (which include apartment block/blocks, row housing, cluster housing, mixed housing units, gated developments and residential enclaves) in sites 4000 sq m and above, out of the total site area: (a) the developer shall set apart 3 % of the land and give to Hyderabad Urban Development Authority/ Hyderabad Airport Development Authority free of cost for capitalization towards provision of Master Plan facilities. This condition shall apply only to sites located outside Greater Hyderabad Municipal Corporation limits. The owner/ developer has the option of paying 1.5 times the basic value of such land to Hyderabad Urban Development Authority/ Hyderabad Airport Development Authority in lieu of such land to be given to Hyderabad Urban Development Authority/ Hyderabad Airport Development Authority. (b) Atleast 5% of the total units shall be set apart and developed for Economically Weaker Sections of Society (EWS) dwelling units with maximum plinth area of 25 sq m; (c) Atleast 5% of the total units shall be set apart and developed for Lower Income Group (LIG) dwelling units with maximum plinth area of 40 sq m; For providing the above dwelling units within the site, the owner/ developer is given freedom to build these units in a separate block with separate access. (ii) In case it is not found feasible by the owner/ developer to provide the above EWS and LIG dwelling units within his site, the owner/ developer is given option to develop the required number of units under both categories in any land within 5 km radius of the existing site with minimum BT road connectivity of 12 m. Alternatively, the owner/ developer is given option to hand over the equivalent land within 5 km radius with minimum BT road connectivity of 12 m to Hyderabad Urban Development Authority/ Hyderabad Airport Development Authority for facilitating development of EWS/ LIG housing. (iii) Servant quarters constructed shall be reckoned towards EWS housing requirements in Group Housing Schemes. In case of gated community developments and row housing, such quarters shall be detached from the main building and may also be allowed in the rear setback provided the total length shall not exceed 1/3rd of plot width and only single storied structure shall be allowed. As an option in gated developments and row housing the EWS and LIG dwelling units can be accommodated in a separate block or blocks. In case of Residential Complexes, the servant quarters may be within the same block provided it is constructed with separate entrance and with separate kitchenette and toilet facility. Such Servant Quarters only will qualify to be reckoned as EWS Units. Alternatively, the EWS and LIG dwelling units in such Complexes can be accommodated in a separate block or blocks ”. III. 128

After a) Regulation 5a new Regulation added as follows:

5 A. Incentives: In order to encourage social housing mix in housing projects and to augment the supply of EWS and LIG Housing, the following incentives shall be available to owners/ developers: (a) No fees and other charges will be levied for EWS plots or dwelling units; (b) Only 25 % of fees and other charges will be levied for LIG plots/dwelling units; (c) In case of alternative lands are provided by owner/developer for EWS/LIG housing, there will be automatic conversion of land use from conservation to residential use”. Substutied 5 (ii) (iii) vide GO MS No. 528 Dt: 31-7-2008 6. ORR Buffer Zone: All properties abutting the ORR will mandatorily have an open buffer (minimum building setback) of 15 mtrs from the ROW outer edge. Access will not be allowed onto the service roads of the ORR directly. No projections, permanent, semi permanent structures will be allowed within this setback. No hoardings, billboards, Uni-poles and related advertising structures, telecom towers, transformers, machinery, dish antennae or related structures shall be allowed within this setback. No stairs (temporary or permanent), ramps for parking or other purposes shall be permitted within the common building line. The area within this common building shall be considered part of the mandatory open space. The area within the Common Building line shall be planted and maintained with atleast two rows of thick foliage trees. 7. Common Building line (i) All sites abutting the ORR and Radial roads within the ORRGC shall have a common building line (minimum setback) of 10 mtrs. Parking shall be allowed within this minimum front setback and this area shall be considered as part of the mandatory open space. Direct access to the radial roads shall be allowed only through service roads through designated points only and not directly on to the ORR or Radial Road. No property shall open directly onto the ORR or radial road. (ii) All sites abutting 36 mtrs wide roads shall have a common building line of 7 mtrs (minimum setback). (iii) All sites abutting 30 mtrs wide roads shall have a common building line (minimum setback) of 9 mtrs. 8. Restrictions of building activity in certain areas: (i) No building/ development activity shall be allowed in the bed of water bodies like rivers, streams, or nallahs, and in the Full Tank Level (FTL) of any lake, pond, cheruvu or kunta/ shikham lands. (ii) The above water bodies and courses shall be maintained as recreational/Green buffer zone, and no building activity other than recreational use shall be carried out within: (a) 30 meters from the boundary of Lakes of area 10 Ha and above; (b) 9 meters from the boundary of lakes of area less than 10 Ha/kuntas/shikham lands; (c) 9 meters from the boundaries of Canal, Vaagu, etc. (d) 2 meters from the defined boundary of Nallah the above shall be in addition to the mandatory setbacks. Unless and otherwise stated, the area and the Full Tank Level (FTL) of a lake/ kunta shall be reckoned as measured or given in the Survey of India topographical maps/ Irrigation Dept. (iii) Unless and otherwise specified in the Master Plan/ Zonal Development Plan, (a) the space to be left in and around the Canal/ Vaagu (including the actual Canal/ Vaagu bed width and alignment) shall be minimum 15 m. This may be developed as Green Buffer/ recreational and/or utilised for road of minimum 9m width, wherever feasible. 129

(b)

In case of above, in addition to development of recreational/green belt along the foreshores, a ring road or promenade of minimum 12.2 m may be developed, wherever feasible.

(c)

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

(d)

Notified Wetlands shall not be allowed to leveled or built upon. The mixed use shall not be applicable in such areas.

(e)

For Building activity within the restricted zone near the airport or within 500 m distance from the boundary of Defence areas/ Military establishments, necessary clearance from the concerned Airport Authority/Defence Authority/shall be obtained. For sites located within the Air Funnel zone, prior clearance from the Airport Authority shall be obtained. (f) In case of sites in vicinity of High Tension Electricity transmission lines besides taking other safety precautions, a minimum safety distance (both vertical and horizontal) of 3 m (10 ft.) shall be maintained between the buildings and the High Tension electricity lines, and 1.5 m for Low Tension Electricity lines. (g) In case of sites in the vicinity of oil/ gas pipelines, clearance distance and other stipulations of the respective authority shall be complied with. 9. Other requirements for buildings and compliance of National Building Code provisions for amenities and facilities in all high rise buildings, compliance by owner for ensuring construction is undertaken as per sanctioned plan, occupancy certificate, enforcement, licensing of real estate companies, developers, builders, town planners, engineers & other technical personnel mandatory as given in the GO Ms No. 86 MA dt: 03.03.2006 and its subsequent amendments shall be complied with. 10. The minimum abutting road width and all round open space for all high rise buildings (18 mtrs and above in height) shall be as follows: Table 2 Height and Setbacks for High-Rise Buildings within ORR-GC Height of building

Minimum abutting road widthrequired (in meters)

Minimum open space on remaining sides (in meters)

18 metres & Up to 21 mtrs

12.2

Above 21 mtrs. & up to 24 mtrs

12.2

Above 24 mtrs & up to 27 mtrs

Above 27 mtrs & up to 30 mtrs

Above 30 mtrs & up to 35 mtrs

Above 35 mtrs & up to 40 mtrs

Above 40 mtrs & up to 45 mtrs

Above 45 mtrs & up to 50 mtrs

Above 50 mtrs

●

130

For all buildings more than 50 mtrs height for every 3 mtrs height or part thereof, there shall be an additional setback of 0.5 mtrs on each of the remaining sides. For all buildings less than 18 mtrs height the minimum setbacks given in GO Ms No. 86 MA dt. 03.03.2006 and its subsequent amendments shall be applicable.

●

Subject to maintaining the Common Building line, Tower and Podium type building, UShaped building and Stepped type high-rise buildings may be allowed. These shall comply with the remaining provisions of GO Ms. No. 86 MA dated 03.03.2006. In case of two or more high rise building blocks in a site, the space between two blocks shall be half the height of the taller building subject to 12.2 metres whichever is less. The space between two high rise blocks, or space between a block and the boundary of the site, can be used as driveway/ access for fire fighting vehicles. Such driveway shall be minimum 6 m wide and suitably paved. Rest of the area shall be developed with greenery/ landscaping.

11. These regulations impose no specific restrictions on Gramakantam Areas. All Gramakantams/ Abaadi areas will follow the provisions of GO Ms No. 86 MA dt. 03.03.2006. 12. Recreation Zone: Recreational zone is earmarked as regional parks, green buffer zones along nallahs and abutting water bodies, bio conservation zone, afforestation zone wherein no construction shall be allowed except such of which are incidental to the main use. 13. Public Utilities and Amenities Zone: This zone shall be used as multipurpose spaces especially reserved for city level infrastructure & public utilities and amenities like police station, fire station, electric sub stations and other public utilities. 14. Transportation Zone: This zone shall be used as truck parking lots, bus terminus, warehousing, loading unloading, steelyards, whole sale open stocking, market yards/whole sale market yards, parking areas, stockyards of various materials including constructions material, loading unloading areas, and accessory uses/ facilities for the main use. In respect of zones mentioned in regulations 12 to 14 above, development may be allowed as a joint-development project/ Public-Private Partnership project and on terms and conditions approved by the Competent authority.. 15. Grant of Transferable Development Rights: Grant of Transferable Development Right (TDRs) and other concessions in the form of certificates will be considered by the Competent Authority as given in the provisions of GO Ms. No. 86 MA&UD Deptt. Dt: 03.03.2006 and amendments issued from time to time. 16

Special Impact Fees Applicable in the ORR GC : With a view to ensuring development of ORR and related facilities Special Impact Fees is levied in the ORRGC on buildings. For this purpose, buildings are categorized as follows:

(A) For Building Heights Upto 15 Meters (Rate in Rupees per Sqm of built up area) Use

Building Height

Zone A SDZ1

Residential and all other noncommercial uses

Commercial, ITES

Zone B

SDZ2 SDZ1 SDZ2

Zone C SDZ1 SDZ 2

Upto 10 metres

Above 10 meters and upto 15 metres

100

Upto 10 metres

150

100

Above 10 meters and upto 15 metres

200

150

100

131

(B)

FOR BUILDING HEIGHTS ABOVE 15 METERS

Stretch of ORRGC

Rate of Special Impact Fee leviable

Zone A (from Muttangi Junction on NH9 to Bongulur Junction on

SDZ 1

Nagarjuna Sagar Highway)

SDZ 2

Zone B (from Bongulur Junction on Nagarjuna Sagar Highway to Shamirpet – Upparpalli Junction, on Karimnagar Highway) Zone C (from Shamirpet – Upparpalli Junction, on Karimnagar Highway to Muttangi Junction on NH9)

SDZ 1

SDZ 2 SDZ 1

SDZ 2

1.25 times the rate given in Table-VI of Rule 21 of GO Ms.No.168, MA, dt: 07.04.2012 read with GO Ms.No. 7, MA, Dated: 05.01.2016. 1.20 times the rate given in Table-VI of Rule 21 of GO Ms.No. 168, MA, dt: 07.04.2012 read with GO Ms.No. 7, MA, Dated: 0501.2016. 1.15 times the rate given in Table-VI of Rule 21 of GO Ms. No.168, MA, dt: 07.04.2012 read with GO Ms. No7, MA, Dated: 05.01.2016. 1.10 times the rate given in Table-VI of Rule 21 of GO Ms.No.168, MA, dt: 07.04.2012 read with GO Ms.No. 7, MA, Dated: 05.01.2016. 1.05 times the rate given in Table-VI of Rule 21 of GO Ms.No.168, MA, dt: 07.04.2012 read with GO Ms.No. 7, MA, Dated: 05.01.2016. Same as rates given in Table-VI of Rule 21 of GO Ms. No.168, MA, dt: 07.04.2012 read with GO Ms. No.7, MA, Dated: 05.01.2016.

(Substituted vide GO Ms. No. 9 MA, dt: 05-01-2016) Note: (a) No other Impact fees shall be levied. (b) The above charges are applicable to the total built up area (in sq metres) (c The above charges are not leviable to parking areas in stilt, cellar and upper floors of building. (d) The above rates are telescopic. (e) SDZ 1 means the area within or inside the ORR (towards the City side) and within the ORRGC. SDZ 2 means the area outside the ORR (away from the City side)and within the ORRGC (f) The above rates in Category (A) of the Table shall not be applicable to buildings in Gramakantam/ Aabadi areas (g) Alternatively, the owner may be allowed to utilize TDR given in Rule 15 above, for such built up area to the extent permissible wholly or use the same in combination of both TDR and the impact fee for the proposed additional built up area that is permissible under these Rules provisions. The government may revise the above rates from time to time. (h) The above provisions shall not be applicable for Government Departments and public agencies like the Urban Development Authority, Telangana Industrial Infrastructure Corporation, local bodies, Hyderabad Metropolitan Water Supply and Sewerage Board, Telangana Housing Board, Telangana CPDCL, etc. (i) The amount levied and collected under above Rule shall be credited and maintained in a separate escrow account by the competent authority and shall be utilised only towards Outer Ring Road capital infrastructure. An Infrastructure Plan and Action Plan for implementation is required to be undertaken by the Competent authority and the said Fund is utilised accordingly. 132

(j) 17.

(a) (b) (c) (d) 18. (a)

(b)

19.

20.

(i) (ii) (iii) (iv) (v) (vi)

21. 22. (i) (ii)

Development charges & Processing fee shall be as being charged in HUDA/ HADA area currently. Development Deferment Charge: With a view to discourage owners of sites for keeping the sites vacant/ undeveloped, a Charge called Development Deferment Charge shall be levied by the local body/gram panchayat at the following rates: 1st year grace period from the date of notification of these Regulations 2nd Year from the date of notification Rs. 2/- per sq mtr of land per year 3rd Year from the date of notification Rs. 5/- per sq mtr of land per year from the date of operationalisation of traffic on ORR 10/- per sq mtr of land per year. Incentives for large projects : Incentives for large projects are as follows: Large integrated townships i. 40-100 acres - 10% discount on rates as given in regulation 16 above ii. 100-200 acres - 20% discount on rates as given in regulation 16 above iii. Above 200 acres- 25% discount on rates as given in regulation 16 above IT/ITES projects, Education Institutions/Universities, Hospitals i. For all projects above 50 acres there shall be a 20% discount on rates as given in regulation 16 above ii. For all projects above 100 acres- 30 % discount on rates as given in regulation 16 above Reservation of land for special purposes to be handed over to HUDA: All projects 10 acres and above shall necessarily reserve 5% land and hand it over to HUDA for special purposes. In respect of layouts this shall not be applicable and the conditions mentioned in Regulation 5 (ii) (c) shall be applicable. Transportation and Roads : The road circulation network hierarchy within the ORRGC is proposed to be 9m, 12.2m, 18m, 24m, 30m, 36m, 45m. The main spinal roads will be the 30m and 36 m wide roads. Splay at all road junctions shall be mandatorily provided as prescribed in Annexure III. Bus bays shall be earmarked on the detailed and micro level circulation plan, Separately parking areas for para-transit vehicles shall be earmarked within the road ROW preferably utilising part of the 3m wide footpaths for single row parallel parking One lane may be used as a dedicated bus way for public transport in the six lane divided carriageway of the main 30 mtrs wide spinal roads. Storm water drains shall be provided as part of the road ROW while development of the site/ layout/ township, All roads shall be developed as per cross section details given in (Horizontal and Vertical sections and dimensions). Restriction of development in areas earmarked as major Junctions: The land within the junction shall be kept as open. Only open recreational uses, parks and greenery shall be permissible. No building activity excepting ancillary structures to recreational open space shall be allowed within the area earmarked as road junctions. Parking requirements: Shall comply with the requirements as given in GO Ms.No. 86 MA& UD Department, dated 03.03.2006 and its subsequent amendments. Footpaths All footpaths have to be provided as given in the road cross sections given in Annexure The footpaths shall not be encroached upon by stairs, amenities, and other structures at any place and shall be summarily removed by the competent authority on notice. 133

23 Special features for Physically Challenged/ Special persons/ senior citizens (i) All public buildings to have ramps of appropriate slope as per NEC (ii) All footpaths to have ramps of appropriate slope/gradient as per NEC and at a distance of every 200 mtrs. (iii) The competent authority shall monitor these and enforce implementation and also propose specific guidelines from time to time. 24. Urban Design and Architectural Control: For certain areas as well as sites abutting major roads of 30 mt and above, the competent authority/ Sanctioning Authority may enforce urban design and architectural/ facade control. These shall be detailed out keeping in view the development conditionalities and requirements given in these Regulations and the National Building Code norms. For this purpose, urban design and architectural control sheets/ plans approved by the Competent Authority shall be complied with. Signage control and street landscape, street furniture design regulation shall be designed and implemented/ exercised/ managed by the competent authority within the ORRGC. The guidelines shall be as given by the competent authority and/ or based on the National Building Code of India, 2005. Hoardings, Billboards, Uni-poles and related advertising structures, telecom towers, machinery, dish antennae or related structures shall be allowed on the main roads of only 30 mtrs and above. For signage regulation the competent authority shall have the discretion and may frame guidelines for the same. The same may be the case for street/ public space landscaping, street furniture design. Regulation of all such Hoardings, Billboards, Uni-poles and related advertising structures and the revenue accrued from these shall vest with the Competent Authority only and kept in the escrow account mentioned in Regulation 16 (i) The sharing of revenue from these between the local body and the competent authority shall be as decided by the Government. 25. Digital Plans: In an endeavor to make the approval and archiving process digital it is proposed that all building, layout, townships drawings be submitted in digital format after georeferencing it (preferably in .shp, .tab, .dxf file formats). This shall be undertaken by using the accurate GPS/DGPS technology and utilising the services of professionally and technically qualified land surveyors. The digital drawings shall include all cross sections and engineering details and the whole dataset shall be submitted in a CD format to the competent authority. The same shall be overlaid on the latest satellite data for instant updation and proper urban management later on. This digital set shall be over and above the hard copies as per currently prescribes format which are mandatory for plan approval process. 26. Special Unit for approval of cases in ORRGC: A Special Unit shall be constituted for dealing with applications for permission to develop/ undertake building constructions in the ORRGC and enforcement in the ORRGC as per the procedure prescribed by the Competent Authority. 27. Grounding of the Circulation network: The Competent Authority shall undertake the marking of the proposed circulation network within the ORRGC area on ground and complete the same within three months from the date of issue of these Regulations. 28. Directions by Government (i) Government may issue separate orders constituting a Committee for examining development related issues of Growth Corridor (ii) Government may issue guidelines for implementation issues relating to the Growth Corridor and these Regulations from time to time. S.P.SINGH Principal Secretary to Government Section Officer

134

18. Procedure for Sanction of Master Plan (GTP Scheme) as per Telangana Town Planning Act, 1920 Sl. Particulars No. 1.

Reference of Provision under Act

It is the responsibility of local body to prepare publish and submit the G.T.P. Scheme for sanction of Govt.within 4 years from the date of its constitution.

Section 8(1)

Preparation of G.T.P. Scheme has to be undertaken by Municipal Council in consultation with the Director of town and Country Planning

Rule-23 Read with Section (3)

Council has to resolve for the preparation of G.T.P. Scheme for the town

Rule 25 Read with Sec.8

Draft G.T.P. Scheme shall be submitted to Govt. along with C.R. through Director for formal approval

Rule 25 Read with Sec.8 (2)

Government accord formal approval to the G.T.P, Scheme with or without modifications and return it to Council through Director of Town and Country Planning.

Rule 25 Read with Sec.8

Draft G.T.P. Scheme has to be published in Form.1 for the information of General Public

Rule 27 Read with Sec.8

Draft G.T.P.Scheme has to be published in Form No.2 giving 60 days time for objections and suggestions of the Public

Rule 28 Read with Sec.14(1)

Objections and suggestions are then to be compiled and are to be submitted to Director of Town and country Planning for technical advice.

Rule 44 Read with Sec. 14(1)

Technical Advice given by Director of Town and Country Planning shall be placed before Council for consideration and resolution

Rule 45 Read with Sec. 14(2)

10. G.T.P. Scheme as adopted and passed by Municipal Council shall be submitted for final sanction to Government

Rule 29 Read with Sec. 14(2)

11. Govt. will finally sanction the scheme with or without modifications. 12. The G.T.P.Scheme will be published in official gazette and there on wards the local authority has to enforce it under the technical guidance of Director of Town and Country Planning

Section 14(3)

13. If required the land use of the G.T.P. Scheme can be varied by the Government on resolution by Council.

Section 15

Section 14(5)

Z 135

19. MA&UD Deptt - Director of Town & Country Planning - Levying user charges for scrutiny of layouts in rural and urban Areas - Permission accorded – Reg. MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT (BUDGET.2) DEPARTMENT GO Ms.No. 125 Dated: 22.03.2014 1. DT&CP Lr Roc No 7333/2011/ P Dt: 04.01.2014 ✦✦✦

ORDER In the reference read above, the Director of Town & Country Planning, Hyderabad has requested the Government that “the scrutiny charges collected by the department may be earmarked for incurring expenditure on the following items and the expenditure shall be debited to “2217-05MH 001-Direction and Administration SH(01) Head quarters Office( DTCP), 800- Scrutiny charges 801-Scrutiny charges – other expenditure” 1. Purchase of IT related products like Generators, Air Conditioners, Computers, Printers, Cartridges, Plotters, Computer tables and Chairs, Xerox machines and its maintenance, purchase of Survey equipments etc. 2. Payment to Service Providers for Annual Maintenance of hardware, Software and Interconnectivity between the offices. 3. Payment to Service Providers for attending Citizen Services and Value added Services on behalf of the Department like T.S. online, Speed post of postal department, SMS facility and other such services. 4. Appointment of Security Guards/ Computer Operators/ Vehicle Drivers/ Survey Assistants as per necessity on outsourcing basis and their payment of remuneration/Salaries. 5. Expenditure towards, Electrical wiring, earthing fixtures like switches to the places where Server, Generators, Computers and Printers are installed. 6. Purchase of fuel for operating Generators. 7. Training Capacity Building to new appointed employees & Town Planning Staff. 8. Maintenance of new Office Building located at AC.Guards, Hyd. including maintenance of Hygiene on day to day basis. The Government after careful examination of the matter, concur with the proposal of the DT&CP to levy user charges for the scrutiny of layouts in rural as well as urban areas subject to the following: i The user charges levied can be in addition to fees, if any, levied under relevant acts/ rules. ii This Government has no objection to levy Rs 5,000/- and Rs 10,000/- as user charges in rural and urban areas respectively. iii The receipt head of user charges is 0217-60-800-SH(81)-800-User charges. The expenditure head is MH 2217-001-SH(01)-800-User Charges-801-other Expenditure, SH(03)-800-801. Other expenditure. iv The (DT&CP) Department will send proposal every year for making provision in the Budget giving details of user charges collected and remitted into Treasury in the previous year. The above orders are issued with the concurrence of the Finance (Exp M&F) Department vide U.O.No.3305/79/A1/Exp.MKF/14 Dt: 28.03.2014. Dr S.K. JOSHI Principal Secretary To Government

136

20. MA&UD Department - Reserved open lands in Municipalities and Municipal Corporations - further instructions/guidelines - Orders - Issued. GO Ms. No. 72 MA&UD (G1) 1. Govt. Memo. No. 12/ J1/ 86 - 3 Dt: 09-07-86. 2.

Govt. Memo. No. 2150/ J1/ 88-4 Dt: 13-12-93

3. 4.

Govt. Memo.No. 21617/ J1/ 95-7 MA Dt: 25-03-96 GO Ms. No. 419 MA Dt: 13.08.1996

Dt: 20-02-2002

✦✦✦

ORDER Government in the references 1st to 3rd read above have issued instructions to the Director of Municipal Aministration to instruct the Municipalities in the State that in future the public lands have to be used for public purposes like parks, play grounds, schools etc; In para 5 of G.O. 4th read above Government issued directions that open lands in the layout have to be used for parks, play grounds and other specific purposes mentiioned therein and if the local Municipal Council proposes to use the Municipal lands other than the above purposes, such lands be used for remuneratative purposes like shopping/office complexes. In this regard, the High Court of Andhra Pradesh in its order in W.P.No. 26276/96 based on Supreme Court Judgement in SC 1902 and SC- 577 had concluded that the Government have no jurisdiction to convert the site reserved for park or play ground for some other purpose. The court has also opined that any buildings or construction in such places necessarily affect the health, sanitation and the environment adversely affecting the residents of the locality. Government have examined the matter and decided to take action as per the High Court and Supreme Court judgements on this issue. Government accordingly direct in continuation of references 1st to 3rd read above and in supersession of para 5 of G.O. 4th read above that all Nagar Panchayats/Municipalities/ Municipal Corporations int he State shall not propose to utilise the reserved open spaces of a layout for the purpose other than the intended original use such as a park, play ground, community structure, urban forestry and similar eco-conseervation programme. Alienation proposals in respect of Municipal vacant lands if any available which are other than the reserved open spaces can be proposed for remunerative purposes like shopping/ office complexes etc. The above instructions are to be followed scrupulously and no proposals in deviation to this policy be entertained. M. SAHOO Secretary to Government

137

21. Telangana State - Panchayat Raj & Rural Development and Municipal Administration & Urban Development - Regularization of Unapproved and Illegal Layout Rules 2020 for Urban and Rural areas- Orders - Issued. MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT (Plg.III) DEPARTMENT GO Ms. No.131 1. 2. 3. 4. 5. 6. 7.

Dated: 31.08.2020

Telangana Urban Areas (Development) Act, 1975, Greater Hyderabad Municipal Corporation Act, 1955, Telangana Town Planning Act, 1920; Telangana Municipalities Act, 2019 Hyderabad Metropolitan Development Authority Act 2008 Telangana Panchayat Raj Act 2018 Memo No. G2/ 257/ 2019, Dated: 26.08.2020 issued by the Inspector General of Registration and Stamps, Telangana, Hyderabad. ✦✦✦

ORDER Government of Telangana, with a view to promote planned sustainable development of both in Urban and Rural areas in the State, are encouraging development through approved layouts. 2.

However, Government has observed that there are still many unapproved and illegal layouts and such unauthorized layouts, because of their deficiencies in infrastructure puts extra pressure on the local bodies but more importantly, puts the plot owners in such layouts at great inconvenience. Such substandard and unapproved sub-divisions of plots defeat the very objective of planned development and severely affects the planned extension of services and amenities by the local bodies.

In order to ensure that planned sustainable development takes place in all such unapproved layouts, no registration of plots will be permitted henceforth in such unapproved/ unauthorized/ illegal layouts. In order to bring all these unplanned/ unapproved/unauthorized layouts into the fold of planned sustainable development and to provide basic facilities in these areas and a better quality of life for the plot owners in these layouts and in the nearby areas, Government hereby issue the following Rules for Regularization of Unapproved and illegal Layouts in the State of Telangana for both rural and urban areas.

Accordingly, the following notification shall be published in an Extraordinary issue of Telangana Gazette dated: 31-08-2020

NOTIFICATION In exercise of powers conferred in Section 58 of the Telangana Urban Areas (Development) Act, 1975, Section 585 of the GHMC Act, 1955, Section 44 (2) (v) of the Telangana Town Planning Act, 1920; Section 238 (1) of the Telangana Municipalities Act, 2019 and Section 56 (1) of HMDA Act 2008 and Section 286 of Telangana Panchayat Raj Act 2018, the Government of Telangana hereby makes the following rules namely; (1)

138

(a)

These Rules may be called “Telangana Regularization of Unapproved and Illegal Layout Rules, 2020”

(b)

It shall be deemed to have come in to force with effect from 31.08.2020

Applicability

(a)

These Rules shall be applicable to entire State of Telangana viz; areas falling in Hyderabad Metropolitan Development Authority, all Urban Development Authorities, all Municipal Corporations, all Municipalities and all Gram Panchayats.

(b)

These Rules and conditions herein shall be applicable to all existing unapproved sub-division of plots, existing unapproved layouts or ventures promoted by land owners/ private developers/ firms/ companies/ property developers/Societies where (i) the plots have been sold through a registered sale deed, (ii) unauthorized layouts developed provided atleast 10% of plots are sold through Registered Deed,on or before 26.08.2020.

(c)

These Rules are only intended for regulating the unplanned development and shall be applicable to all unapproved layout areas which have clearance from the competent authorities under the Urban Land Ceiling and Regulation Act 1976, Telangana Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 wherever required and which have not been entered in the Prohibitory Register of lands maintained by the Revenue Department. The regularization measure would not absolve the plots or layout from the application of Land Ceiling Laws, land disputes or claims over title, boundary disputes, etc. In respect of assigned lands, prior clearance from the District Collector shall be obtained.

(d)

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

(e)

No registration of plots shall be done henceforth in all such unauthorized and unapproved layouts and no building permissions shall be granted under the relevant provisions in such layouts. Regularization of plots/layouts is a pre-condition for registration/ sale of such plots/ obtaining building approval/construction.

Definitions:

(a)

"Unapproved/ illegal layout" means sub-division of land into plots with or without developed roads, open spaces and amenities and without the approval of the Competent Authority ;

(b) "Competent Authority" means; (i)

Commissioner, Greater Hyderabad Municipal Corporation in case of areas falling in GHMC limits;

(ii) Municipal Commissioner in case of Municipal Corporations/Municipalities; (iii) District Collector/Additional Collector (Local Bodies) in respect of Gram Panchayat areas falling in UDA areas/outside UDA areas. (c)

"Minimum standards of layout development" means the standards of facilities and amenities as prescribed by the Competent Authority in approving such unapproved layouts (i)

"Minimum standards of layout norms" means the standards of layout norms and pattern as prescribed by the competent 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 on or before 26.08.2020. (iii) "Layout owner" means a person who has developed the layout and sold the plots on or before 26.08.2020. Terms and expressions which are not defined in these Rules shall have the same meaning as in the respective Rules/ Regulations/ Byelaws of the respective local authorities and as defined in the National Building Code 2016 or relevant Acts as the case may be, unless the context otherwise requires. 139

4. (a)

(b)

5. (a)

(b)

(e)

(f) (g)

(h)

(i) (j)

140

Cut-off date for considering regularization of unapproved layouts: Only those layouts and sub-division of plots with registered sale deed/ title deed existing as on 26.08.2020, shall be considered for regularization under these rules. The applicant shall furnish copies of the sale deed/ title deed. Agreement of sale or General Power of Attorney shall not be considered as evidence. No illegal/unauthorized plots shall be permitted after the cut off date. Unauthorized layouts which have come up on or before 26.08.2020. The layout owner is also eligible to file application for regularization of unsold plots provided atleast 10% of plots in the said layout are sold and registered on or before the said due date. Restrictions on Approval in Vicinity of Certain Areas: No Layout/development activity shall be allowed in the bed of Water bodies like River or Nala, and in the Full Tank Level (FTL) of any Lake, Pond, Cheruvu or Kunta and in Shikam lands. The above Water Bodies and Courses shall be maintained as recreational/Green Buffer Zone, and no Layout development activity other than recreational use shall be carried out within:(i) 30 meters from the boundary of River Course/ Lakes of area of 10 Hectares and above; (ii) 9 meters from the boundary of Lakes/ Kuntas/ Shikam lands of area less thanio Hectares; (iii) 9 meters from the boundaries of Canal, Vagu, etc. (iv) 2 meters from the defined boundary of Nala Unless and otherwise stated, the area and the Full Tank Level (FTL) of a Lake/Kunta shall be reckoned as per the Master Plan/Revenue Records/Irrigation records. Unless and otherwise specified in the Master Plan/ Zonal Development Plan, (i) In the casesreferred in clause (b) (i) above, in addition to development of recreational/ green belt along the foreshores, a ring road or promenade of minimum 12meters width may be developed, wherever feasible. (ii) The above greenery/ landscaping and development shall conform to the guidelines and provisions of the National Building Code of India. For layout development activity within the restricted zone near the Airport or within 500 meters distance from the boundary of Defense areas/ Military establishments, necessary clearance from the concerned Airport Authority/ Defense Authority shall be obtained. In case of sites in the vicinity of oil/gas pipelines, clear distance and other stipulations of the respective authority shall be complied with. For areas covered under GO Ms. No.111 MA&UD Dept., dated 08.03.1996 (protection of Catchment area of Osmansagar and Himayatsagar lakes), apart from the provisions of statutory Master Plan of HMDA/ HADA, the restrictions on layout and development activity imposed in the said Government orders would be applicable. No approval shall be considered in sites which are earmarked for Industrial/ manufacturing Use Zonefviz., TSIIC Industrial Estates/ lands allotted by the Government for industrial purpose)/ Recreational Use Zone/ Water Body/ Open space use in notified Master Plans/ Zonal Development Plans. Open Spaces earmarked in any approved layout shall not be considered for regularization under these Rules. Sites/ Plots which are under legal disputes, ceiling surplus lands/ Government lands/ Endowment lands/ Wakf lands/ Shikam lands and entered in Prohibitory Register of lands maintained by Revenue Department shall not be considered for regularization under these rules.

6. (i)

(ii)

(iii)

(iv)

(v)

(a)

Compulsory Application for Regularization:Applicant should file an online application or at mee-seva center/ CSC in the prescribed format for regufarization of the plot/layout before the Competent Authority by 15.10.2020 for all such plots/ Layouts which are Unapproved/Unauthorized and not covered under the prohibitory category. Registration fee- individual plot owners shall pay registration amount of Rs.1000 alongwith the application and the layout developers shall pay an amount of Rs.10,000 for the entire layout (payment can be done online through any of the online payment mode). The applicants can file Online application through any of the following: 1. Common web portal, 2. Mee-Seva Centre, 3. Citizen Service Centre located at local body; 4. A smart phone based mobile app as developed for this purpose. Following documents shall be enclosed with the application form: (a) Self attested copy of first page of the registered sale deed/title deed (b) In case of unsold plots, the layout owner shall file copies of Sale Deeds (at least 10 % of total plots). (c) Any other document as required by the Competent Authority will have to be submitted once an intimation is received from the concerned authority subsequent to initial registration under the scheme. Application for regularization of unapproved layout and subdivision of plots can also be made by a society/association/ colony developer representing the plot owners in unapproved layout. In cases where an application is received in a site that is contrary to the land use stipulated in the statutory plan, the competent authority shall have the power of approving the case except those specified in rule 5 above by levying the necessary conversion charges. Payment of Regularization charges/ Pro-rat a open space charges: All applications which are received within the time stipulated in rule 6(1) above shall be taken up for processing and regularization amount for all such accepted applications shall be paid in the following manner: The applicant shall pay the fees and charges as detailed below: (i) Basic regularization charges which are inclusive of betterment charges, development charges and layout scrutiny charges, penalty and other charges, at the following rates:

TABLE -1 Basic Regularisation Charges Plot Area in Sq.mt Less than 1 00 101 to 300 301 to 500 Above 500 Slums

Basic Regularization Charges Rs. per Sq.mt 200 400 600 750 5 (irrespective of plot area and land value)

The actual regularization charges will be the percentage of basic regularization charges and shall be calculated based on the land value prevailing as on 26.08.2020 as given below.

TABLE - II (1)

The Table II in Rule 8 (a) (i) of 'Telangana Regularization of Unapproved and Illegal Layout Rules 2020' shall be substituted with the following Table: 141

Market value of the plot as on 26.08.2020 (Sub Register value) in Rs per Sq yd)

Requfsrtzation Charges (% of basic regularization charges)

Below 3000 3001 to 5000 5001 to 10000 10001 to 20000 20001 to 30000 30001 to 50000 Above 50000

20% 30% 40% 50% 60% 80% 100%

(Substituted vide Amendment of GO Ms. No.135 MA, dt: 16-09-2020) (ii) "Pro-rata open space charges: If 10% open space is not available in the unapproved layout, pro-rata open space charges @ 14% of the plot value prevailing as on the date of registration of such plot shall be paid". (Substituted vide Amendment of GO Ms. No.135 MA, dt: 16-09-2020) (iii) Conversion charges as prescribed in rule 7 of the Rules. (iv) The LRS regularization charges Includes NALA charges also and no separate NALA charges shall be paid (Added vide Amendment of GO Ms. No.135 MA, dt: 16-09-2020) (b) The above charges shall be remitted within three (3) months of intimation and latest by 31.01.2021, whichever is earlier, either in instalments or in one go within this time period, failing which regularization of plot will not be considered and will be treated as unauthorized. No relaxation of time shall be granted. 9.

Scrutiny and approval by the Competent Authority:

(a) After receipt of an application the Competent Authority shall scrutinize application in accordance with detailed guidelines issued for implementation of these rules; (b) In case of applications which are found to be not in accordance with these Rules, such applications shall be rejected; mere pendency of any application with the Competent Authority beyond prescribed timelines shall not be construed as deemed approval. (c)

The Competent Authority may engage the services of third party agency including graduate Engineers for scrutiny of the applications and for field inspections.

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 meters. In case of weaker section layouts or plots less than 100 sq meters, the road width may be 6 meters. In case required road width is not available required depth for widening equal on both 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 competent authority shall retain the alignment in the said layout and if not feasible, the Competent Authority with prior approval of Government is authorized to suitably modify the Master Plan road.

(d) The layout pattern as far as possible shall be retained ipso facto and only in exceptional cases like need for connectivity, integration with surrounding network, etc. modifications may be considered by the Competent Authority. 142

(e) Water bodies if any shall be preserved in the layout, subject to taking up protection and improvement of foreshores of such water bodies. 11. Failure to come forward for regularization of unapproved layouts/ plots: Where an application is not filed for regularization of unapproved layout/ plot, the following consequences have to be faced by the plot owners: (a)

No regular water supply connections and services like drainage and sewerage would be extended.

(b)

No sale/ disposal or transactions shall be allowed in such sites by the Registration Department.

(c)

No building approvals shall be considered by the building sanctioning authority in such unapproved layouts/ plots

12. Utilization of LRS Amount: The LRS amount collected shall be kept in separate escrow account and separate guidelines shall be issued by the Government on utilization of LRS amount for development of infrastructure in respective local bodies 13. Appeal: (a)

Any applicant aggrieved by an order passed by the Competent Authority under rule 9, may prefer an appeal to the Appellate Committee constituted by the Government within seven days from the date of receipt of the order provided the applicant has paid the necessary charges and submitted documents as specified in rule 6 of these rules.

(b)

All the appeals shall be disposed off within 7 days.

14. The Government shall separately issue detailed guidelines and standard formats as well to operationalize these rules as deemed fit. 15. All existing Rules, Regulations, Bye laws and orders that are in conflict or inconsistent with these Rules shall stand modified to the extent of the provisions of these rules. All concerned authorities including District Collectors, Additional Collectors (Local Bodies), Municipal Commissioners, District Panchayat Officers & Panchayat Secretaries shall take necessary action immediately. SOMESH KUMAR Chief Secretary to Government

143

21-A Greater Hyderabad Municipal Corporation

Lr.No.B/1545/TPS/CCP/HO/GHMC/2016-20, To The Principal Secretary to Government, Municipal Administration & Urban Development Dept., Govt., of Telangana, T.S. Secretariat, Hyderabad.

Office of the Commissioner, Town Planning (Head Office) Dated: 28-12-2020

Sir, Sub

Ref:

1. 2. 3. 4. 5.

GHMC – Town Planning – Head Office – LRS – 2020 – Telangana Regularization of Unapproved and illegal Layout Rules 2020 – Processing of Building Permissions – Certain Clarification – Requested – Reg. GO Ms No.151, MA Dated: 02-11-2015. Letter No.2252/M1/2017, Dated: 06-04-2016 of the Secretary to Govt., MA&UD., Department. U.O. Note No.B/1545/TPS/CCP/HO/GHMC/2016-485, Dated: 19/24-04-2017 of the Commissioner, GHMC. GO Ms.No.131 MA, Dated: 31-08-2020. GO Ms.No.135, MA, Dated: 16-09-2020. ✦✦✦

It is submitted that vide reference 4 and 5 cited above, Government have issued Telangana Regularization of Unapproved and Illegal Layout Rules 2020 by giving opportunity to the plot/ site owners on whose name the plot is registered with a registered sale deed executed on or before 26-08-2020 (or) layout owners who purchased site/ plot or developed the layout and sold the plots on or before 26-08-2020 for regularizing their plots/ layout under LRS Scheme 2020 and “as per the Rule 2(b) of said order, the said scheme is applicable to existing unapproved sub-division of plots, existing unapproved layout/ plots sold through Registered Sale Deed on or before 26-08-2020.” The last date for filing of applications was on 31-10-2020. th

Further, “in the Rule 17 of said rules, it is mentioned that “All existing Rules, Regulations, Bye Laws and orders that are in conflict or inconsistent with these Rules shall stand modified to the extent of the provisions of these rules” In this regard, it is observed that, some of the plots/ site owners have submitted applications seeking for building permission by enclosing the online receipts filed under LRS-2020 application and some of the plots/ site owners have submitted applications seeking for building permission without applying under LRS-2020. It is further submitted that, previously Government have issued clarification orders vide letter No.2252/M1/2017, Dated: 06-04-2016 to consider building permission in the plots / sites which were not applied under LRS Scheme – 2015 as below: “Building permission in such plots/ sites may be considered by the Competent Authority by collecting basic penalization charges as per LRS-2015 and 33% compounding fee on the same, plus open space contribution charges (14%) on the present market value of the site/ plot applied for Building Permission”. 144

Accordingly, instructions were issued to process building permissions by levy of LRS charges with 33% compounding and 14% open space contribution charges on the building permission in the plots/ sites which were not applied under LRS – Scheme 2015. It is further submitted that, basing on the similar lines considered earlier, it is proposed to adopt the following procedure for the applications received for building permission under the following categories: a.

The plots/ sites falling in unapproved/ illegal layouts having documents registered on or before 26-08-2020 for which application filed under New LRS 2020 Scheme and applied for grant of building permissions, the building permissions in such cases can be processed duly collecting the fee/ charges as per the LRS-2020 on submission of LRS2020 acknowledgement receipt by the applicant in the respective building application.

The plots/ sites falling in unapproved/ illegal layouts having documents registered on or before 26-08-2020 for which applications not filed under New LRS 2020 Scheme, the building permissions can be processed duly collecting basic penalization charges as per LRS-2020 and 33% compounding fee on the same, plus open space contribution charges (14%) on the present market value of the site/ plot applied for Building Permission”. In view of the above, while submitting the detailed note, it is requested to issue necessary instructions confirming the procedure to be adopted as above for processing the building permission applications received.

21-B Memo No.14148/PLG.III/2020 Sub : Ref :

Commissioner GHMC

Dated: 30-12-2020

GHMC–LRS–2020–Telangana Regularization of Unapproved and illegal Layout Rules 2020 – Processing of Building Permissions–Certain Clarification–Issued–Reg. 1. GO Ms No.131 MA, Dated: 31-08-2020. 2. GO Ms No.135 MA, Dated: 16-09-2020. 3. Govt., Letter No.2252/M1/2017, Dated: 06-04-2016. 4. From GHMC Lr.No.B/1545/TPS/CCP/HO/GHMC/2016-20, Dated: 28-12-2020. ✦✦✦

In the reference 1 & 2 cited, Government have issued Telangana Regularization of Unapproved and illegal Layout Rules 2020 by giving opportunity to the plot/ site owners on whose name the plot is registered with a registered sale deed executed on or before 26-08-2020 (or) layout owners who have developed the layout and sold at least 10% of the plots on or before 26-08-2020 for regularization their plots/ layout under LRS Scheme 2020. The last date for filing of applications was on 31-10-2020. st

In the reference 4th cited, it has come to the notice of the Government that, some of the plot / site owners have submitted applications to Greater Hyderabad Municipal Corporation seeking building permission by enclosing the online receipts filed under LRS- 2020 application and some of the plot / site owners have submitted applications seeking building permission without applying under LRS-2020. 145

After careful examination of the matter following procedure is prescribed for granting building permissions in the following categories: 1.

The plots/ sites falling in unapproved/ illegal layouts having documents registered on or before 26-08-2020 for which application filed under New LRS 2020 Scheme and applied for grant of building permissions, the building permissions in such cases can be processed duly collecting the fee/ charges as per the LRS-2020 on submission of LRS-2020 acknowledgement receipt by the applicant in the respective building application.

The plots/ sites falling in unapproved/ illegal layouts having documents registered on or before 26-08-2020 for which applications not filed under New LRS 2020 Scheme, the building permissions can be processed duly collecting basic penalization charges as per LRS-2020 and 33% compounding fee on the same, plus open space contribution charges (14%) on the present market value of the site/ plot applied for Building Permission”. The Commissioner, GHMC/ Metropolitan Commissioner, HMDA/ Director of Municipal Administration/ DT & CP/ Vice Chairman of UDA’s, shall take further action accordingly. ARVIND KUMAR Principal Secretary to Government

To The Commissioner, GHMC, The Metropolitan Commissioner, HMDA, The Director of Municipal Administration, Hyderabad. The Director of Town & Country Planning, Hyderabad. All the ULBs in the State (through DMa)

146

21-C Municipal Administration & Urban Development Department Memo No.17433/ M1/ 2012 Dated: 27.08.2012 Sub : MA&UD-Clarification-Exemption of Layout Regularization Scheme in certain casesReg. Ref : 1. GO Ms. No. 902, MA Dated: 31.12.2007 2. From DTCP, Hyderabad Lr.Roc No. 2410/ 2012 /W, Dated: 04.08.2012 ✦✦✦

ORDER Government have issued certain guidelines regarding TS Regulation of Unapproved and illegal Layout Rules, 2007 vide reference 1st cited. 2.

The Director of Town & Country Planning TS Hyderabad in his letter vide reference 2nd cited has informed that as per the Layout Regularization Scheme Rules (GO Ms.No. 902. MA Dated 31-12-2007) there is no information in the said GO if there is already existing building in the site and applied for reconstruction duly removing/demolishing in existing area whether the Layout Regularization Scheme Rules is required.

He has further stated that, the Layout Regularization Scheme may be exempted in the following cases. (i)

The existing building covered by previous permission by Municipality.

(ii) The building which is existing before 1985 with proof of property tax etc. (iii) Gramakhantam/Abadl areas 4.

In the circumstances reported by Director of Town & Country Planning, TS Hyderabad in the reference 2nd cited, Government after careful examination of the request of the Director of Town & Country Planning, TS Hyderabad and hereby clarify that regulation under Layout Regularization Scheme (LRS) is not required in the following cases. (a)

The existing building covered by previous permission by Municipality.

(b)

The buildings which are existing before 1985 with Proof of Property tax etc.

(c)

Gramakhantam/ Abadi areas

All Municipal Commissioners and vice Chairman of the Urban Development Authorities shall take necessary action accordingly. B. SAM BOB Principal Secretary to Government

147

22. Telangana Regularisation of Unauthorizedly constructed buildings and buildings constructed in deviation of the sanctioned plan Rules 2015- Notification - Orders – Issued. MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT (M1) DEPARTMENT GO MS. No. 152 1. GO Ms. 2. GO Ms. 3. GO Ms. 4. GO Ms.

Dated: 02/11/2015 No. No. No. No.

145 146 147 148

MA&UD MA&UD MA&UD MA&UD

(M1) (M1) (M1) (M1)

Department, Department, Department, Department,

Dated: Dated: Dated: Dated:

31.10.2015 31.10.2015 31.10.2015 31.10.2015

✦✦✦

ORDER In the orders read above, Government have amended the Telangana Municipalities Act, 1965; the Greater Hyderabad Municipal Corporation Act, 1955; the Telangana Urban Areas (Development) Act,1975; Hyderabad Metropolita Development Authority Act 2008 duly authorizing the Municipal Commissioners/ Metropolitan Commissioner of Hyderabad Metropolitan Development Authority/ Vice chairmen of Urban Development Authorities (in case of Gram Panchayats falling under Urban Development Authorities) to regularise the unauthorized constructions/ deviations as a one-time measure. Consequently Government hereby issue the Telangana Regularization of Unauthorizedly constructed 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 the Greater Hyderabad Municipal Corporation Act, 1955, Section 46(A) of the Telangana Urban Areas (Development) Act, 1975, Section 23(A) of the Hyderabad Metropolitan Development Authority Act 2008 the Government of Telangana hereby makes the following Rules, namely 1. Short Title, Application and Commencement (1) These Rules may be called “Telangana Regularization of unauthorizedly constructed buildings and buildings constructed in deviation of the sanctioned plan Rules, 2015” (2) They shall be applicable to existing buildings in the jurisdiction of all Municipal Corporations, Municipalities, Hyderabad Metropolitan Development Authority and Urban Development Authorities in the State of Telangana constructed 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. 2. Definitions: (1) “Licensed technical personnel” means professionals authorized by the Competent Authority to take up scrutiny of the Application made for regularization under these Rules. (2) “Competent Authority” means the Municipal Commissioner in case of areas falling in the Municipal Corporation and Municipal limits; the Metropolitan Commissioner, Hyderabad Metropolitan Development Authority/ the Vice Chairman of the Urban Development Authority in case of areas falling outside Municipal Corporation or Municipality in the Hyderabad Metropolitan Development Authority/ Urban Development Authority area. 148

(3)

“Total Built up area” means the entire built up area covered in the building including common areas and balconies on all floors.

(4)

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

Compulsory Application for Regularization: An Application for regularization of existing unauthorizedly constructed buildings shall be compulsorily made by the owner/ GPA/ Registered Association to the Competent Authority or officer authorized by him in the prescribed Proforma along with Declaration, Self Assessment, copy of sanctioned building plan, if any, a clear latest photograph of the building, copy of document of ownership title, Indemnity Bond and two sets of drawings showing the sanctioned area and violated area of the building/ Complex and in case of totally unauthorized constructions the total built up area along with the site plan. It shall be filed within sixty days from the date of Notification of these rules along with 50% of regularization amount as given in Rule 5 or minimum Rs 10,000/- whichever is less. If any owner/ individual does not apply within the stipulated time, he shall be liable for enforcement action under the law and his building shall not be taken up for regularization under these Rules.

Prior clearance from other Authorities/ Departments

(a)

In respect of cases of residential buildings 18 m and above in height, Commercial buildings 15mts. and above in height, and buildings of public congregation like schools, Cinema theatres, function halls and other assembly buildings on plot area of 500 sq. mts. and above or of height above 6mts as stipulated in Section 13 of the Andhra 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 Rise Building)/ licensed engineer (in case of non-High Rise Building) as the case may be with regard to structural safety compliance of such buildings needs to be submitted. Applicants shall submit application along with the above details within the stipulated time. However, an additional time period of three months will be allowed for filing the Clearances as required under Rule 4 (a) and 4(b).

Payment of fees and charges

(a)

The owner/ applicant shall pay the Charges as given in Annexure-I/ Annexure -II as applicable along with the Application for Regularization and other details. The Charges are levied for the total violated built up area on all floors. The Charges include Building permit fee, Development Charges, Betterment charges, Impact Fees, etc. No other fees and charges shall be levied and collected. The actual regularization charges will be percentage of basic regularization charges mentioned in Annexure III and same shall be calculated based on the land value prevailing as on 28.10.2015.

(b)

The above fees and charges shall be remitted by way of Demand Draft drawn in favour of the Competent Authority.

(c)

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

149

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, the Competent Authority shall scrutinize the applications and after carrying out necessary site inspections, communicate it’s approval or rejection to the applicant as early as possible but not beyond six months from the last date of receipt of Applications. The Competent Authority may engage the services of licensed technical personnel for scrutiny of the applications and for field inspections. Mere receipt of application or any delay in communication of final orders in the matter will not imply the approval of the application.

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

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

Regularization not to apply to certain sites: Regularization of unauthorized constructions shall not be considered in the following cases and in cases where public interest and public safety are likely to be adversely affected, viz.

(a)

Encroachment on Government land or property belonging to Public undertakings, Housing Board, Telangana State Industrial Infrastructure Corporation, Urban Development Authorities, Local bodies, Endowments, Wakf Board, 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 Lands ( POT) Act;

(d)

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

(e)

Tank bed and Sikham lands;

(f)

Areas prohibited for construction under GO Ms No. 111 MA&UD Dept., dated: 08-03-1996 (protection of Catchment area of Osmansagar and Himayatsagar lakes);

(g)

Layout/ Master Plan open spaces/ Areas earmarked for Recreation Use/ open space use in Master Plan/ Zonal development Plan;

(h)

Buildings that are not in conformity with land use and zoning regulations approved in Master Plan/ Zonal development 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 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 the Acknowledgment of the Application made for regularization of the unauthorized site/ plot under the relevant rules to the 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 of enforcement initiated or contemplated against the said construction are withdrawn and then issue Occupancy Certificate to the applicant.

150

11. Appeal: (a)

Any applicant aggrieved by an order passed by the Competent Authority under Rule 6, may prefer an appeal to the Committee constituted by the Government within thirty days from the date of receipt of the order provided the applicant has paid the necessary charges and submitted documents as specified in Rule 3 and 5 of these rules.

(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 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. 13. Amount levied kept in separate account (a) The amount collected by the Competent Authority under these rules shall be kept and maintained under the control of the Competent Authority in a separate escrow account and utilized only for improvement of amenities in the area. (b) In respect of Gram Panchayat areas falling in the Hyderabad Metropolitan Development Authority/ Urban Development Authority areas, the regularisation amount so collected will be shared in equal proportion between the Development Authority and Gram Panchayat concerned. In respect of Municipal Corporations and Municipalities falling in Hyderabad Metropolitan Development Authority/ Urban Development Authority areas, the regularisation amount will be shared between the concerned Municipal Corporation/ Municipality and Metropolitan 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, byelaws and orders that are in conflict or inconsistent with these rules shall stand modified to the extent of the provisions of these rules.

ANNEXURE - I Rates of Regularisation for Individual Residential Buildings/ Commercial Buildings/ NonCommercial Building (Rs./sft.) Plot Area (in sq.mts.)

type

Residential/other Non Commercial uses

Commercial

Upto 100 101-300 301 - 500

Deviation to Sanctioned plan Unauthorised Deviation to sanctioned plan Unauthorised Deviation to sanctioned plan Unauthorised

15 30 60 100 100 120 150 200

30 60 120 200 200 250 300 400

501 - 1000 Above 1000

151

ANNEXURE-II Rates Regularisation for Multiple Dwelling Units/ Flats/ Apartment Complexs which are (in violation/ Individual Buildings Converted into Apartments Plinth area of Flat

Basic regularizatfon Charges per Filat in rupees (covered by approved plan but with deviations)

Basic regufarization Charges for Unauthorized Floors (not covered by approved plan) Rs/sft

Upto 600 Sft

Rs 12,500

601 to 1200 Sft

Rs 25,000

100

1201 to 2000 Sft

Rs 40,000

120

Above 2000 Sft

Rs 60,000

150

ANNEXURE - III Regularisation Charges with Reference to Land Value Market value of the land as on 28.10.2015 (Sub Register value in Rs per Square Yard

Regularization charges (% of basic regularization charges)

Below 3,000 3001 to 5,000 5001 to 10,000 10,001 to 20,000 20,001 to 30,000 30,001 to 50,000 Above 50,000

20 % 30 % 40 % 50 % 60 % 80 % 100 % M.G. GOPAL Special Chief Secretary to Government

152

23. MA&UD Department –Comprehensive Guide Lines for Issue of Clearance for Installation New Telecommunication Infrastructure Towers – Revised Orders – Issued. MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT (M1) DEPARTMENT GO MS. No. 96

Dated: 05.08.2015

1. GO Ms. No. 380 MA, Dated: 01.08.2013. 2. GO Ms. No. 5 MA, Dated: 27.09.2014. 3. Advisory Guidelines for the State Government from Department of Telecommunication (DoT) for issue of clearance for Installation of Mobile Towers, Effective from 01-08-2013. 4. Representation from Reliance JIO, Infocomm Limited, Dated: 06.07.2015. ✦✦✦

ORDER In the GO 1st read above, Government have issued Comprehensive Guidelines for issue of clearances for Installation of New Telecommunication Infrastructure Towers. 2.

In the GO 2nd read above Government have issued certain amendments to rule (F) (ix) of GO 1st read above.

In the reference 3rd read above, the Department of Telecommunications (DoT) have issued Advisory Guidelines for the State Government for issue of clearance for Installation of Mobile Towers, effective from 01-08-2013 onwards.

In the reference 4th read above a representation has been received from Ms. Reliance JIO Infocomm Limited for certain amendments to the above said comprehensive guidelines.

Keeping in view the guidelines referred in the reference 3rd read above, Government further decided to facilitate 4G Services and Telecomm Infrastructure Services across the State to the Public under e-Governance for installation 4G services and New Telecommunication Infrastructure Towers.

Accordingly, Government hereby issues the following Revised Comprehensive Guide lines in supersession of all other earlier orders for Issue of Clearance for Installation 4G Services and New Telecommunication Infrastructure Towers in the State of Telangana.

Definition: Telecommunication Infrastructure Tower (TIT)- shall include ground based tower (GBT)/roof top tower (RTT)/roof top poles (RTP)/cell phone tower (CPT), antenna fixtures, fabricated antenna, tower to install the telephone lines and transmission towers. This will not include the Antennas installed for domestic purpose, namely Television Antennas or Dish Antennas.

Essentiality of Permit: No person shall erect or re-erect any non-Governmental telecommunication tower or telecommunication pole structures or accessory rooms or make alteration or cause the same to be done without first obtaining a separate permission for each such tower or telecommunication pole structures from the Sanctioning Authority. (The Sanctioning Authority is as defined in Building Rules, 2012)

Submission of application for Permit: Application for Permit shall be submitted to the Sanctioning Authority in the form in Appendix-A along with following Plans and Documents:

(i)

Location Plan–(scale 1:1000) Three copies The Locational Plan shall show the site with reference to the surrounding existing developments duly showing the access and approach to the site/ building wherein the tower/room is proposed.

153

(ii) Site Plan-(scale 1:100) Three copies The Site Plan shall show plot dimensions, access street width, details of existing structures within the plot with their uses, height, and number of floors, set-back from the plot boundaries and between them; proposed tower and ancillary structures. (iii) Elevation Plan-(scale 1:100)Three copies The Elevation Plan shall show the structure including the existing/ proposed building over which the tower/ room proposed. (iv) Sections-(scale 1:100)Three copies Section Plan shall show the cross-section of the structure including the existing/ proposed building over which the tower/ room proposed. (v)

Structural Stability Certificate–one copy (original) Structural Stability Certificate shall be submitted in respect of the Telecommunication Infrastructure Tower and room and also the building over which it will be erected. The Structural Stability Certificate shall be obtained from a certified Structural Engineer, or from recognized institute like IITs, NITs and CBRI Roorkee or from the Engineering colleges recognized by AICTE or a Structural Engineer registered or employed in Central or State Government Service or Quasi-Government Organization.

(vi) Ownership Document-One copy (attested) to prove the ownership of the building/ site. (vii) Lease Agreement Deed/ Consent Agreement Deed-[One copy (attested)] signed by the applicant and the owner of the site/ building/ association in case of apartments. (viii) Agreement-[One copy (attested)] Executed with Department of Telecommunications or License or Permit issued by an Authority approved by Government of India from time to time. (ix) In case the tower is in the vicinity or adjoining to high or low tension line- then its distance from the same shall be clearly indicated in the drawings. (x)

Indemnity Bond (original) to take care of any loss or injury due to accident caused by the tower (including a declaration to the effect that the applicant shall take special precaution for fire safety and lightning and he shall be solely responsible for paying all kinds of compensation and damages and would be responsible for any civil or criminal case arising there from).

(xi) No objection certificate (if required) issued by a)

The Telangana State Disasters Response & Fire Services Department;

The Telangana State Environment and Forest Department;

Copy of SACFA clearance of copy of SACFA application for the said location submitted to WPC wing of DoT with registration number as WPC acknowledgement along with undertaking that the case of any objection/ rejection, TSPs/ IPs will take corrective actions/ remove the tower;

Copy of Access Service License/ IP Registration Certificate from Department of Telecommunications.

(xii) Issue permission base on the copy of SACFA application for the said location. Submitted to WPC wing of DoT with registration number as WPC acknowledgment along with undertaking that in case of any objection/ rejection. TPSs/ IPs will take corrective actions/ remove the tower. (xiii) Copy of Access Service License/ IP Registration certificate from Department of Telecommunications. (xiv) Permit Fee and charges as fixed by the Government from time to time (Appendix-D) and for Installation of Telecom Infrastructure Towers which are covered by interim orders of Hon’ble High Court, it would be subject to final outcome of Writ Petitions. 154

(xv) Copy of acknowledgement issued by Telangana Pollution Control Board for installation of DG sets, which would serve the purpose of consent. D.

Scrutiny and Disposal of Application:

(i)

The Sanctioning Authority shall issue or refuse the permit, not later than 30days from the date of receipt of application along with the plans and documents as at rule C. In case of refusal, the reasons for the same shall be clearly mentioned. And if no permission or refusal is accorded within 30 days, the permit is deemed to have been accorded, provided that, the said installation shall comply all of these guidelines, including providing of completion certificate.

(ii) The permit issued shall be a work permit and the construction or erection of telecommunication tower or telecommunication pole structures or accessory rooms essential for the use of such tower or pole structures shall be completed within one year from the date of issue of such permit. (iii) The period of the permit shall be extended for a further period of one year if an application for the same is submitted to the Sanctioning Authority, within the valid period of the permit duly paying 25% of the prescribed fee and charges and in the prescribed form as at Annexure B duly attaching the original permit. E.

Restriction to erect Telecommunication Infrastructure Towers:

(i)

Water Bodies 1.

No building or TIT shall be allowed in the bed of water bodies like river or nala and in the Full Tank Level (FTL) of any lake, pond, cheruvu or kunta/ shikam lands. Unless and otherwise stated, the area and the Full Tank Level (FTL) of a Lake/ Kunta shall be reckoned as measured and as certified by the Irrigation Department and Revenue Department.

No building or TIT shall be carried out within: (a)

100m from the boundary of the River outside the Municipal Corporation/ Municipality/ Nagara Panchayat limits and 50m with in the Municipal Corporation/ Municipality/ Nagara Panchayat limits. The boundary of the river shall be as fixed and certified by the Irrigation Department and Revenue Department.

(b)

30m from the FTL boundary of Lakes/ Tanks/Kuntas of area 10Ha and above.

(c)

9m from the FTL boundary of Lakes/ Tanks/Kuntas of area less than 10 Ha/ shikam lands;

(d)

9m from the defined boundary of Canal, Vagu, Nala, Storm Water Drain of width more than 10m.

(e)

2m from the defined boundary of Canal, Vagu, Nala, Storm Water Drain of width up to 10m.

(f)

In all Parks, Playgrounds and Public Open Spaces.

(ii) Railways: The distance between the Railway Property Boundary and the TIT shall be 30m as per Indian Railways Works Manual or as per no objection certificate (NOC) given by the Railway Authorities. (iii) Electrical Lines: The distance of tower from electric line or pole or tower thereof shall not be less than height of tower plus requisite safety distance from respective high tension or low tension line i.e. a minimum safety distance (both vertical and horizontal) of 3m shall be maintained between the building/ TIT and the High Tension Electricity Lines and 1.5m shall be maintained between the building/ TIT and the Low Tension Electricity Lines. 155

(iv) Airport a. Within the Restricted Zone/ Air Funnel Zone near the airport, necessary clearance from the concerned Air Traffic Controller, Airport Authority shall be obtained.

(v)

The building/ TIT heights and other parameters shall be regulated as per the stipulations of the Airport Authority of India as notified in Gazette of India Extraordinary (S.O.1589) dated 30-06-2008 and as amended from time to time by Ministry of Civil Aviation, Government of India.

Irrespective of their distance from the aerodrome, even beyond 22 km limit from the Aerodrome Reference Point, no radio masts or similar installation exceeding 152 m in height shall be erected except with the prior clearance from Civil Aviation Authorities.

In respect of any land located within 1000m from the boundary of Military Airport no building/ TIT is allowed except with prior clearance from the concerned Air Traffic Controller, Airport Authority with regard to building height permissible and safe distance to be maintained between the building/ TIT and boundary of the aerodrome.

Defence Establishments: In case of Sites within 500m distance from the boundary of Defence Areas/ Military Establishments prior clearance of Defence Authority shall be obtained.

(vi) Oil/Gas Pipelines: In case of Sites in the vicinity of Oil/ Gas pipelines, clearance distance and other stipulations of the Respective Authority shall be complied with. The Oil/ Gas Authorities shall also specify the clearances required stretch wise to Local Body. (vii) Heritage Structures: In case of sites located within the distance up to 100 m from protected monuments as notified under Archeological Monuments and Ancient sites and remains Act, 1955 and as amended no building/ TIT is allowed. (viii)Base station Antennas should be avoided in narrow lanes (less than or equal to 5 meters). (ix) In respect of rooftop towers with multiple antennas, the roof top usage should be discouraged for longer duration. (x)

In case of Wall Mounted/Pole mounted Antenna, the antenna should be mounted at least 5 meters above ground level/road level on flyovers.

Basic requirements to erect Telecommunication Infrastructure Towers:

(i)

Setback for ground based Tower/ Room: a)

The minimum setback for the accessory room/ ground based tower shall be as required under the Building Rules, 2012 subject to condition that it shall be a minimum of 3 m all-round, after leaving the road widening portion if any.

In respect of roof tower the tower shall be erected after leaving road widening portion if any as per Master plan/ Zonal Development Plan/ Town Planning Scheme/ Road Development plan or any other scheme.

(ii) Sharing of Sites: The Telecom Operators may share the towers for fixing their respective antennas. The same are however, required to adhere to the prescribed technical requirements, so as to curtail multiplicity of towers as well as to optimize the use of the existing ones. (iii) Installations:

156

(a)

In order to avoid any eventuality due to thunder storm, lightning conductors shall be installed.

(b)

Generator set installed at the tower site to cater to the power requirements of the antenna shall conform to the noise and emission norms prescribed by the Telangana State Pollution Control Board.

(iv) Protective Wall: a. Every tower erected on the ground and through which electric power is transmitted or passed shall be provided with protective wall or grill at a distance of one meter from any point of the base. b. The wall or grill shall have a minimum of 1.20 m height and shall be kept under lock and key, if provided with door. (v) Protection from lightening: Every Telecommunication Infrastructure Tower shall be provided with sufficient protection against lighting, conforming to I.S. 2303-1969-Code of Practice as amended from time to time. (vi) warning light and colour specification: (a) Every Telecommunication tower shall be provided with two Aviation warning light (ANL) each at 40 m and 70 m height from the ground level and one at the top, the two light at 40m height shall be fixed in one set of opposite and that at 70 m height shall be fixed at the other set of opposite corners. (b) Every telecommunication tower shall be painted with international orange and international white colors alternatively each with 5m band starting straight with international orange at the top. (vii) Damage and liability: The applicant/owner shall be responsible for the structural stability of the telecommunication Infrastructure tower and the building in which it is erected and for any damage caused due to inadequate safety measures. (viii)Building to be authorized: Erection of any telecommunication infrastructure tower or pole structure or accessory rooms shall be permitted basing on the NOC from the building owners instead of sanctioned plan/ occupancy certificate. (ix) Completion Certificate: (a) After completion of the work of the telecommunication tower or pole structure and accessory rooms as per permit, the applicant and the engineer shall submit to the Sanctioning Authority completion certificate as in Appendix-B along with a certificate of structural safety/ stability of the tower and the building, if the tower or pole is constructed over a building. (b) The Sanctioning Authority shall, if satisfied that the work has been completed as per permit, issue use certificate as in Appendix-C within 15 days allotting a number, on the basis of which the authorities concerned shall allow power connection, etc. for use of the service. (c) If the Sanctioning Authority does not communicate the Use Certificate within 15 days, then the certificate deemed to have been issued. (x) Unauthorized Telecom Infrastructure Towers: The Commissioner/ Vice Chairman of ULB/ UDA shall take necessary action on unauthorized Telecom Infrastructure Towers erected without valid permissions/ Completion Certificate, as per the Act provisions duly following the procedure. 6. Further, The Radiation norms given by DeITY have to be strictly followed by all Tower Infrastructure Service Providers and limit the Power Emissions/Radiations. All the complaints regarding radiation and radiation related technical details are being dealt by TERM cell of DOT and any citizen can approach the concerned TERM Cell of DOT with regard to grievance on any issues relating to radiation. 7. All the Commissioners of Municipal Corporations, Municipalities and Nagara Panchayats, and Vice- Chairmen of Urban Development Authorities, shall accord permission for clearance of installation of new Tele Communication Infrastructure Towers (TIT) which includes Ground 157

Based Tower (GBT)/ Roof Top Tower (RTT)/ Roof Top Poles (RTP)/ Cell Phone Tower (CPT), antenna fixtures, fabricated antenna, tower to install the telephone lines and transmission towers, by following the above said guidelines and other guidelines issued by Government of India from time to time. 8.

A copy of this order is available in the Internet and can be accessed at the address http:/ goir.telangana.gov.in M.G. GOPAL Principal Secretary to Government

APPENDIX - D Permit Fee and Charges for issue of permission for Establishment of Telecommunication Infrastructure Tower. Sl.No.

Grede of the Urban Local Body

1. 2. 3. 4.

All Corporations Selection, Special & First Grade Second & Third Grade Nagar Panchayats

Amount per each Application (TIT) (in Rs.) 1,00,000 75,000 50,000 30,000

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24. Memo No. 29635/J2/2012-2, Dt: 16-03-2013 Sub :

MA&UD Department-Installation/erection of statues/monuments on any roads in the State T.S-Compliance of orders of Hon'ble Supreme Court of India in SLP No. 8519/2006Orders - Issued - Reg. Ref : GO Ms. No.18, TR&B (Roads.1) Dept., Dt: 18-02-2013 A Copy of the reference cited, is herewith communicated to all the Head of the Departments for necessary action ADHAR SINHA Principal Secretary to Government (MA) R & B – Installation/erection of statues/monuments on any roads in the State of T.S– Compliance of orders of Hon’ble Supreme Court of India in SLP (C) No.8519/2006 – Orders – Issued. TRANSPORT, ROADS & BUILDINGS (ROADS-1) DEPARTMENT GO Ms. No. 18 Dated:18-02-2013 1. GO Ms.No. 55, TR&B (R-1) Dept., Dt.8-4-2003. 2. Orders of Hon’ble Supreme Court of India in SLP (C) No.8519/2006,Dt.18-1-2013. ✦✦✦

ORDER In the GO first read above, instructions have been issued that no new statues should be permitted for erection on any R&B roads. If Statues/ Monuments are unavoidable on roads, they should be located only on large traffic islands, public gardens, parks, premises of Government buildings, town halls or places of public importance. In case any approval of Government is required, recommendation by a Statue Committee headed by the District Collector and comprising of Superintendent of Police, SE (R&B), Chairman/ CEO, Local Municipal body, SE (PR), S.E. (TS Transco) and the concerned E.E. (R&B) is mandatory. 2.

In the reference second read above, the Supreme Court of India, have passed the following orders:“We further direct that henceforth, State Government shall not grant any permission for installation of any statue or construction of any structure in public roads, pavements, sideways and other public utility places. Obviously, this order shall not apply to installation of high mast lights, street lights or construction relating to electrification, traffic toll or for development and beautification of the streets, highways, roads etc. and relating to public utility and facilities. The above order shall also apply to all other States and Union Territories. The concerned Chief Secretary/ Administrator shall ensure compliance of the above order.”

In pursuance of the orders of the Hon’ble Supreme Court of India, Government hereby decide not to grant permission for installation of any statue or construction of any structure in public roads, pavements, sideways and other public utility places.

All the State Level and District Level Officers mentioned in the address entry are requested to ensure strict compliance of the above orders of Hon’ble Supreme Court of India. MINNIE MATHEW Chief Secretary to Government

159

25. Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (Central Act 27 of 1996) (Main Act) and the Telangana Rules made there under; the Building and Other Construction Workers’ Welfare Cess Act, 1996 (central Act 28 of 1996) (Cess Act) and the Building and Other Construction Workers’ Welfare Cess Rules, 1998–Compliance with the statutory provisions by all the Departments and Public Sector Undertakings – Orders – Issued. LABOUR EMPLOYMENT TRAINING & FACTORIES (Lab.II) DEPARTMENT. GO Ms. No.112 Dated.15.12.2009 1. GO Ms. No. 42, LET & F (Lab.II) Dept, dt: 30.04.07. 2. From the COL, TELANGANA Hyd. Lr.No.C.Cell/ 8006/ 07-1, dt: 14.06.2007. ✦✦✦

ORDER The Building and Other construction Workers (Regulation of Employment and conditions of Service) Act, 1996 (Central Act No. 27 of 1996) (Main Act) and the Building and Other Construction Workers’ Welfare Cess Act, 1996 (central Act No.28 of 1996) (Cess Act) are enacted by the Central Government with an objective to collect Cess from the employers undertaking Building and Other Construction Work and to implement welfare measures for the construction workers who are registered as beneficiaries with the Building and Other Construction Workers’ Welfare Board constituted by the State Government. Besides there are provisions for enforcement of regulatory conditions for safety, health and welfare of the workers working in the construction activity. The Central Government have framed the Building and Other Construction Workers Welfare Cess Rules, 1998. The Telangana Building and Other Construction Workers (Regulation of Employment and conditions of Service) Rules, 1999 have been framed under the Main Act vide GO Ms.No. 69, Labour, Employment, Training and Factories (Lab.II) Department, dated. 03.12.1999, which have been amended vide GO Ms. No.57, LET & F (Lab.II) dt: 26.06.2007; and the Telangana Building and Other Construction Workers’ Welfare Board has been constituted by the Government vide GO Ms.No.41, LET & F (Lab.II) Dt. 30.04.2007. 2.

The important provisions of the Main Act and the Cess Act have been enumerated in the AnnexureI:

The Controlling Departments of the Local Bodies/ Authorities which are competent to approve plans for “Building and Other Construction Work”, viz.,(1) Municipal Administration & Urban Development Department, (in respect of all Urban Local Bodies) (2) Panchayat Raj Department (All Village Panchayats (3) Industries and Commerce Department (T.S.I.I.C. and Development Commissioner, SEZs) and all other State/ Central Government Departments where construction activity takes place involving local Labour etc., are requested to issue instructions immediately to the Heads of Departments and the Local Bodies/Authorities:

(i)

to comply with the statutory provisions under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (Main Act) and the Telangana Rules, 1999 made Act, 1996 (Cess Act) and Cess Rules, 1998 BY ENSURING THAT 1% Cess on the “Estimated Cost of Construction” of the building works covered by the definition of “Building and Other Construction Work” which includes all expenditure incurred by an employer in connection with the Building and Other Construction works and it excludes the costs of land and any compensation paid or payable to a worker or his kin under the Workmen’s Compensation Act, 1923 are received by them before they accord approvals to the plan.

160

(ii) for the purpose of “Estimated Cost of Construction” they may advise the Applicants to follow the guidelines issued by the Registration Department vide Proceedings No. MV 5/ 12703/ 2007, Dt. 30-07-2007 of the Commissioner & Inspector General of Registration & Stamps, Telangana, Hyderabad (Annexure-2) and subsequent amendment thereto. (iii) to maintain a Register and send Monthly Statement before 10th of the succeeding month as per the Annexure-3 to the Secretary, Telangana Building & Other Construction Workers Welfare Board, Anjaiah Samkshema Bhavan, Near RTC X Roads, Hyderabad”, to enable him to reconcile the Cess collection figures with the Bank/ Treasury (Annexure-4), figures. (iv) The Departments/ Local Bodies/ Authorities collecting Cess at the time of approval of Plans of “Building and Other Construction Works” should also submit an Annual Return as per the Annexure 5 to the Secretary, Telangana Building & Other Construction Workers Welfare Board, Anjaiah Samkshema Bhavan, Near RTC X Roads, Hyderabad, for every financial year, so as to reach the Board before 15th May, of the succeeding year. The Board shall reimburse the actual expenses incurred in collection of Cess (not exceeding 1% of the Cess collected) to the Plan Approval Authority within 30 days from the date of receipt of the Annual Statement in Annexure 5. 4.

The Director of Treasuries Director of work Accounts is also requested to convey instructions to his subordinate offices not to admit the Bills pertaining to works covered by the definition of “Building and Other Construction Activity” unless deduction is made towards Cess. Orders are issued in GO Ms. No. 42, Labour, Employment, Training & Factories Department, Dt. 03.04.07, to deduct 1% Cess on all bills paid to the Contractors/ Agencies from 26-062007 onwards in respect of the “Building and Other Construction Works’ executed by them.

All the Drawing and Disbursing Officers of the State and all the Government agencies are requested to collect 1% Cess on the Cost of Construction defined as per Section 3 of the Cess Act and Rule 3 of the Rules made there under, as also the notification dated.26.09.1996 issued by the Central Government with effect from 26.06.2007 the day from which the Cess Fund Orders have come in to effect. P. RAMAKANTH REDDY Chief Secretary to Government

161

26. The Telangana Gram Panchayat Land Development (Layout and building) Rules – 2002 – Notification – Issued. PANCHAYAT RAJ AND RURAL DEVELOPMENT (Pts.IV) DEPARTMENT GO Ms. No. 67

Dated: 26. 02. 2002

Ref : GO Ms. No. 377, Panchayat Raj (S.II) Department, dated 12.10.1973. ✦✦✦

ORDER: The appended notification will be published in the extraordinary issue of the Telangana Gazette, dated 1.5.2002. I.Y.R. KRISHNA RAO SECRETARY TO GOVERNMENT

NOTIFICATION In exercise of the powers conferred by sub-section (1) read with clause (xvii) of sub-section (2) of section 268 of the Telangana Panchayat Raj Act, 1994 (Telangana Act 13 of 1994), and in suppression of Telangana Gram Panchayat Building Rules, 1972 issued in GO Ms. No. 377, Panchayat Raj (S.II) Department, dated: 12.10.1973 and as amended from time to time and the rules, regulations and orders issued relating thereto the Governor of Telangana hereby makes the following rules relating to the regulations or restrictions of the use of sites and for buildings. 1. Short Title, Commencement and Applicability: (1) These rules may be called the Telangana Gram Panchayat Land Development (Layout and Building) Rules, 2002. (2) They shall come into force from the date of notification. (3) These rules extend to all Gram Panchayat Areas of Telangana except the areas falling in (a) Urban Development Authority areas and Special Development Authority areas as notified by the Government under the provisions of the Telangana Urban Areas (Development) Act, 1975; (b) Draft/Sanctioned General Town Planning Scheme/ Master Plan areas of Municipal Corporations/Municipalities notified under the provisions of Telangana Town Planning Act, 1920. (c) Telangana Industrial Infrastructure Corporation (APIIC) Layout areas and other Notified Industrial Areas; (d) Any area notified accordingly by the government from time to time. (4) The rules issued by the Municipal Administration and Urban Development Department of the Government are deemed to be applicable for the areas mentioned in sub-rule (3) above. (5) These rules, shall apply in such areas concurrently only to the extent of, (i) Levy of fees under sub-rules (3) and (4) of rule 5. (ii) Inspections, Monitoring and taking action on unauthorized developments and building permissions (iii) Any other item for which no specific rules/ orders are issued by the Government. 2. Definitions:In these rules, unless the context otherwise requires, the following definitions shall apply. Words and expressions used but not defined in these rules shall have the meaning assigned to them in the National Building Code of India or standard dictionary meaning if not defined in the Code: 162

1. 2. 3. 4. 5. 6.

8. 9.

10. 11. 12. 13.

14.

15.

Act means the Telangana Panchayat Raj Act, 1994 (TS Act 13 of 1994); Balcony means a horizontal cantilevered projection, including a handrail or balustrade, to serve as passage or as sitting out place; Barn means a building or structure with a roof of zinc sheets or tiles having flue pipes, furnace and tiers used for flue curing of tobacco leaves; Basement or Cellar means the lower storey of a building or Complex which is below or partly below the ground and to be used only for parking of vehicles; Betterment Charge means a charge levied by the Technical approving authority for ensuring off site services and amenities to the area; Building means any structure for whatsoever purpose and whatsoever materials constructed and every part thereof whether used for human habitation or not. It includes foundation, plinth, walls, floors, roofs, chimneys, plumbing and building services, fixed platforms, verandah, balcony, cornice or projection, part of a building or anything affixed thereto or an wall enclosing or intended to enclose any land or space, and signs and outdoor display structures. Tents, pandals, shamianahs/tarpaulin shelters shall not be considered as buildings; 6-a Building, Detached: A Building detached on all sides. (18-a, 18-b, 18-c inserted vide GO Ms. No. 274 Dt: 12-06-2007) Building Line means the line up to which a building abutting a street or road or extension of a street or future street may be allowed to be constructed. Building line is synonymous with the front setback and may be specified by the Executive authority, Collector, the technical town planning unit or the Roads and Buildings department or any other department that are responsible for ensuring the right-of-way of the street or road or highway that a plot abuts; Chajja means a sloping or horizontal structural overhang usually provided over openings on external walls for providing protection from sun and rain; Chowk or Courtyard means a fully or partially enclosed space permanently open to sky within a building at ground level and serves as lighting and ventilating space besides for outdoor activities, etc.; Collector means the Collector of the district and his office and officials; Conservancy lane means a lane intended to be used mainly for scavenging purposes and not for providing primary access to any road, street, dwelling, house, hut or building; Corridor means a common passage or circulation space including a common entrance hall in a building; Cottage Industry or Customary Home Occupation means a home occupation customarily carried out by a member of the family residing in the premises without employing hired labour, without display of goods, and which shall be non-hazardous and not affecting the safety of the inhabitants of the building and the neighborhood, provided that no mechanical equipment is used except that as is customarily used for purely domestic or household purposes and/or employing licensable goods. If power is used, the total electricity load shall not exceed (10) H.P.; Development means the carrying out of building, engineering, mining, or other operations in, or over, or under land or water, or the making of any material change, in any building or land, or in the use of any building or land, and includes redevelopment and layout and subdivision of any land; and “to develop” shall be construed accordingly; Development Charge means a charge levied by the Technical approving Authority under the provisions of the Telangana Town Planning Act, 1920 and its Amendments; 163

16. Drain means a system or a line of pipes, with their fittings and accessories such as manholes, inspection chambers, traps, gullies, floor traps and used for drainage of building or yards appurtenant to the buildings within the same cartilage. It includes an open channel for conveying surface water or a system for the removal of any liquid; 17. Dwelling means a house designed or intended to be used wholly or partially for human habitation together with such out-house, latrine, cattle shed, store room or other extensions or erections as are ordinarily used or intended to be used therein; 18. Executive Authority means the executive authority of the Gram Panchayat which sanctions and releases the permissions and undertakes to ensure that the construction activity/ layout development activity is carried out in accordance with the sanctioned plans, etc.; 18-a Floor Area Ratio (FAR): The quotient of the ratio of the combined covered area (Plinth Area) of all floors, excepting areas specifically exempted under these regulations, to the total area of plot, viz.,:FAR = Total floor area of all floors/Plot area. 18-b.Gated Community Development: Means an exclusive Housing Development in an area with compound wall, access control through gates and having their own facilities and amenities. The housing units may comprise of Apartments Blocks, Detached, or Row Houses with or without its combinations. 18-c Group Housing : Means a building proposed with one or more floors having Five and more dwelling units having common service facilities where land is owned jointly or undivided share. (18-a, 18-b, 18-c inserted vide GO Ms. No. 274 Dt:12-06-2007) 19. Height of building means the vertical distance measured from the average level of the ground around and contiguous to the building to the topmost point of the building in the case of flat roofs; and in the case of sloping roofs up to the midpoint between the eaves level and the ridge. Parapet walls and architectural features for purpose of elevation features are excluded for the purpose of taking heights of buildings; 20. Multi-Storied or High Rise Building: Includes a building whose height is more 15.0 Mts in respect of commercial building and buildings of height more than or 18.00 Mts (With Stilt Floor for Parking) in respect of all other buildings, from the surface level of the land contiguous to such building and other building as per fire services act 1999. (Substituted vide GO Ms. No. 274 Dt: 12-06-2007) 21. Low Cost Housing means housing development and schemes for socially and economically weaker/ backward sections of the society at affordable costs of built-up area and services. The requirements and construction specifications are as instructed by the Government from time to time. It includes low cost housing undertaken by public agencies, co-operative societies, government or semi-government bodies and also private developers with express permission of the Collector; 22. Layout means the laying out a parcel of land or lands into building plots with laying of roads/ streets with formation, leveling, metalling or black topping or paving of the roads and footpaths, etc. and laying of the services such as water supply, drainage, street lighting, open spaces, avenue plantation. etc; 23. Means of Access means an access to a building or plot from an existing public street or road through a road/ street/ pathway; 24. Open Space means an area forming an integral part of the plot, left open to sky; 25. Owner means a person, group of persons, a Company, Trust, Registered Body, State or Central Government and its attached subordinate departments, Public or Private Undertakings 164

or Corporations and the like, who has title for the property or in whose name the property stands registered in the Revenue Records; 26. Plot means a continuous portion of land held in a single or joint ownership other than the land used, allotted, earmarked or set apart for any street, lane, passage, pathway, conservancy lane or for any other public purpose; 27. Plot coverage means the ground area covered by the building and does not include the area covered by compound wall, gate, cantilever porch, chajja, well, septic tank, open platform and the like. It is expressed as percentage of the site/ plot area; 28. Reconstruction of a building means and includes, (a) the re-erection wholly or partly of the building after more than one half of its actual content has been pulled down or burnt down or fallen down at one time or at different times; (b) the conversion of a building into a factory, shop, office, warehouse, school or institution, one or more dwelling house, or a place of worship; 28-a Row Housing A row of houses having only front, rear and interior open spaces. (inserted vide GO Ms. No.274 Dt: 12-06-2007) 29. Setback shall mean the space to be left fully open to sky from the edge of the building to the property line or boundary of the street. No built-up space shall be provided within the setback except specifically permitted projections and other structures under these rules; 30. Unsafe Building means those buildings which are structurally unsafe, insanitary or not provided with adequate means of egress or which constitute a fire hazard or are otherwise dangerous to human life or which in relation to existing use constitute a hazard to safety or health or public welfare, by reason of inadequate maintenance, dilapidation or abandonment; 31. Village Settlement or Grama Khantam or Agraharam/ Abadi means all lands that have been included as Agraharam/ Abadi by the government/ Collector within the site of village and includes existing village hamlets;

PART-A LAYOUT RULES 3. Application for Layout Permission: 3.1 Every person or a corporate body of the Government or a private corporate body who intends to undertake or carry out layout or development work shall apply in writing to the Executive Authority of such intention in the form prescribed in Annexure-A appended to these rules. 3.2 The layouts prepared by the Revenue Department for distribution of pattas to the weaker section shall be in accordance with these rules. In case of Weaker Section Housing Programme the guidelines issued by the State Government should invariably be followed. 3.3 The application for permission shall be accompanied by, (i) A site plan drawn to scale of not less than 1:1000 showing all Physical details of the land, boundaries of the land, the surrounding existing layouts/lands, and existing approach road to the land where the layout is proposed; (ii) A Layout Plan (in required number of copies) drawn to a scale of not less than 1:500 showing boundaries of land, proposed number of building plots with dimensions and area of each plot and its uses as per these rules; alignment and width of the proposed streets/ roads; dimensions and areas of open space provided according to these rules; (iii) A Statement of the details and dimensions of each plot, percentage of area under open spaces, roads, amenities and plotted area; (iv) High Tension/ Low Tension electricity lines, water mains, sewer lines, telephone and telegraph lines, alignment and right-of-way of National/ State highways, Major/ Minor District Roads passing through the layout site; 165

(v)

Certificate of Undertaking in prescribed Form jointly by owner and qualified surveyor/ engineer (appended at Annexure-I) for carrying out the development works as per standards. (vi) Copy of the ownership documents of the plot/property/ land concerned together with a Non-Encumbrance Certificate from the Registration Department (vii) Certificate of demarcation of site by Assistant Director, Survey and Land Records Department (viii) Layout scrutiny charges and inspection charges as prescribed in the Personal Deposit Account of Director of Town and Country Planning; (ix) A Security Deposit as prescribed by the Government for the due fulfillment of the conditions imposed or in lieu of such deposit, a security in the shape of land of such extent equivalent in the value of cash deposited in the area covered by the layout shall be mortgaged through a registered mortgage deed in favor of Gram Panchayat or in the form of bank guarantee equivalent to the amount of security deposit in the form prescribed in Annexure-D appended to these rules. 3.4 The owner of any land or groups of owners/ developers who intend to sub-divide or layout the land into building plots in the Revenue Survey Nos. area of the Village, i.e., outside the Gram Kantam or settlement area shall: (a) apply to the Executive Authority for necessary layout permission as prescribed in subrule (1) and in accordance with these rules; (b) carry out the layout development works as per specifications and standards appended in Annexure-B of these rules before disposing the plots. 3.5 For a plot abutting existing major roads or highways, plot sub-division permission is necessary, which has to comply with these rules. No building permission shall be entertained unless such sub-division permission is obtained first and all charges as mentioned in Rule 5 (3) and 5 (4) are paid. 3.6 For areas covered by Indicative Land Use Plans of mandal head quarters, approved by the Director of Town and Country Planning, the proposals shall be in conformity with such development plan and provisions contained therein. 4. Minimum requirement for approval of Layout 1. The Layout proposal shall conform to the following requirements: (a) shall have approach through an existing road, the width of such shall not be less than 10 meters (in case of land-locked plots, the owner has to ensure the approach road through neighbouring lands accordingly. (b) The minimum plot size in residential layouts shall be 120 Sq.Meters with minimum frontage of 10 Meters and the minimum plot size for non-residential layouts shall be 300 Sq.Meters except in case of Commercial or Mercantile buildings for which the minimum plot size shall be 18 Sq.Mtrs. (Substituted vide GO Ms. No. 406 PR, Deptt., dt: 28.12.2011) (c) minimum open space set apart in the proposed layout for playground/park/educational institution or for any other public purpose shall be at the rate of 10% of the total site area. (d) the minimum plot size for non-residential layouts shall be 300 SQ. Meters except in case of Commercial or Mercantile buildings for which the minimum plot size shall be 18 Sq. meters. (e) the layout proposals shall comply with the restrictions mentioned in Rule 5 of these rules. (f) the applicant should provide a service road of minimum 10 meters width for the layout if the land is abutting to National Highway having less than 60 meters width. 166

TABLE Sl.No

Type of Facility Sub-Type Scale

Minimum Area

required

Educational

Nursery School Primary School High School Degree College

1 for 4000 Population 1 for 4000 Population 1 for 16000 Population 1 for 80000 to 1 Lakhs Population

0.1. Ha 0.4 to 0.6 Ha 1.6 to 2.0 Ha 4 to 6 Ha

Health

General Hospital

1 for every 16000 population 1 for 80000 to 1 lakhs population

1.0 ha

Commercial facilities

Shops

Communication Sub-Post Office facilities and Post and TeleEssential Graphic OfficeService cum-Delivery and booking TelePhone Exchange for 1000 Lines Electrical sub-Station Police Station Police Post Fire Station

Social and Cultural facilities

4 Ha for 200 beds and 4 Ha for Quarters

Upto 10 shops for 4000 population Upto 20 Shops for 16000 population Upto 80 to 100 Shops for 80000 population

0.05 to 0.01 Ha

1 for 100000 population 1 for every 1,00,000 population

40 Sq.Mts. 1.0 Ha

1 in all Shopping Centre

12X12 m

1 for every 50,000 population 1 for every 20,000 population 1 for every 5Kms Radial Distance

0.8 Ha

Religious building

1 for every 15,000 population

Community Hall and Library

1 for every 25,000 population

0.40 Ha 2.05 Ha

0.4 Ha 0.8 Ha 0.8 Ha (shall be at 60 Mts. away from the Junctions) 0.30 Ha. with parking location in Zonal shopping centre, business and commercial not in residential zone. 167

As per the National Building Code the following are require by following architectural space standards. 1. Divisional Sports Centre : 1 for 10,00,000 Population 20.00 Ha 2. District Sports Centre : 1 for 1,00,000 Population 0.80 Ha (As per amendments of GO Ms. No. 274 Dt: 12-06-2007) 5. Required specifications and conditions (1) The owner of a site shall undertake the following works under the supervision of Executive Authority with the surveyors after intimation of the layout approval by the Executive authority (i) Leveling with suitable gradient and formation of all roads with sub-surface, kerbstones, metalling of the carriageway, side drains as per specifications in Annexure-B; (ii) Construction of drains and channelization of nalas for allowing storm water run-off. These may be channelised in such a way as to conserve or harvest the water in nearest water body or public open space, etc; (iii) Undertake greenery in the layout including avenue plantation, in public open spaces, etc; (iv) Fencing of open spaces; (v) Unless the conditions specified above are fulfilled, the owner shall not be entitled to utilize, sell, lease or otherwise dispose of the land or any portion thereof; (2) The following works shall be undertaken through the Executive Authority upon payment of proportionate charges at a latter date: (a) street lighting and electricity facilities; (b) provision of sewerage disposal system and protected water supply system are optional; (3) Application scrutiny fees and other charges to be levied by the Executive Authority: The Applicant shall pay the layout inspection and scrutiny fees in the following Head of Account: Major Head 0217 (Urban Development) Sub Major Head 60 (Other Urban Development) Minor Head 800 (Other receipt) Sub Head 81 (Other items) (Substituted vide GO Ms. No. 9 PR, Dept., dt: 09.01.2013) (4) Other Charges: In addition to the above, the Executive Authority shall levy development charges and betterment charges as specified by the Collector or Government as the case may be. 6. Sanction or refusal of Permission: (1) The Layout proposals with plans/ drawings and specifications may be sanctioned with or without modifications or directions as are deemed necessary or refused by the Executive Authority within: (i) 90 days from the date of application in case of layout applications; (ii) any application with all the required particulars not disposed off within a period of 90days from the date of receipt in the Gram Panchayat Office, shall deemed to have been sanctioned in accordance with the provisions of these rules; (iii) however any construction or development of layout carried out under deemed provisions cannot be in contravention of any of the layout and building rules. 7. Duration of Sanction: The permission for layout development shall remain valid for two years during which time the layout works shall be completed, and if not completed the permission for layout development shall be revalidated on application subject to the rules then in force and payment of 10% of the fees and charges. 168

Revoking of Permission: The Executive Authority or District Panchayat Officer may revoke any permission issued under these rules whenever it is found that there has been any false statement or wrong permission is issued or any misinterpretation of any material fact or rule on which the permission was sanctioned.

Deviations during construction/undertaking of layout works: If during the execution of any layout, any deviation is made from the sanctioned plan the owner shall obtain revised sanction as per the above procedure and rules.

10. Responsibilities and Duties of Owner: The owner who has been given sanction shall be wholly and solely responsible for the quality of workmanship of layout development works, and for ensuring safety during the construction/ development works, etc. 11. Prior Technical Approval from Director of Town and Country Planning is necessary for certain permissions: (1)

The Competent Authority for the Technical Approval, (a)

The District Town and Country Planning Officer is the Competent Authority to accord technical approval for the layouts: (i)

in the villages with 10,000 or more population.

(ii)

in the Urban Centers to be notified separately by the Director of Town and Country Planning.

(iii) in all the Mandal headquarters irrespective of the population of the village. (b) The Gram Panchayats of villages with less than 10,000 populations are competent to accord sanction for the layouts in their respective villages, wherever the Indicative Land Use Plan is prepared for the village by the Town and Country Planning Department, the layouts sanctioned prepared will be in conformity with them. (i)

in respect of the villages with more than 5,000 and less than 10,000 population the District Town and Country Planning Officer shall prepare Indicative Land Use Plans and keep them available with the respective Gram Panchayats.

(ii) in respect of the villages with less than 5,000 population the District Town and Country Planning Officer shall get the Indicative Land Use Plans by engaging the qualified personnel and approve them and keep them available with the respective Gram Panchayats. (2)

On receipt of the application for layout approval, the Executive Authority may call for further particulars, if required and necessary. The applicant shall furnish the required particulars within ten days from the date of receipt of the notice by him. The Executive Authority shall thereafter forward the proposals to The District Town and Country Planning Officer wherever necessary, with the layout plan and full particulars within a period of ten days from the date of receipt of particulars from the applicant wherever required. The District Town and Country Planning Officer shall within thirty (30) days after furnishing of all the particulars to them, forward the tentatively approved layout to the Executive Officer, Gram Panchayat/ concerned. The Executive Officer of the Gram Panchayat may submit a report with in fifteen days after laying the Water Bound Macadam (WBM) roads by the applicant as per the specifications appended at Annexure-B of these rules. The concerned District Town and Country Planning Department shall inspect the site and approve the layout within fifteen (15) days, if the demarcated tentative layout is in accordance with the tentatively approved layout and in accordance with these rules; and shall communicate the technical clearance for final approval of the layout to the Gram Panchayat concerned for all those falling within above sub-rule (1) (a). 169

(3)

The Executive Authority shall within fifteen (15) days of the receipt of the technical approval from the District Town and Country Planning Officer, communicate to the applicant with such conditions and modifications subject to which the layout will be considered for approval indicating the estimated cost of development and the amenities. (4) The applicant shall within ten (10) days after the receipt of communication, communicate to the Executive Authority of the Gram Panchayat his agreement in from prescribed in Annexure-E appended to these rules with an additional non-returnable deposit of the sum equivalent to 5% of the provisional estimated cost of works to be executed by the Gram Panchayat. (5) Applicant can deposit amount in cash or shall give bank guarantee as prescribed in AnnexureD or execute mortgage deed equivalent to estimated cost in the form prescribed AnnexureF appended to these rules. (6) If a reply is not received from the applicant with in 10 days of the receipt of the communication referred to in sub-rules (4) and (5) above, the original application shall be treated as having lapsed. (7) All the roads and open spaces such as parks and playgrounds earmarked in accordance with these rules in a layout, which is approved by the Gram Panchayat shall automatically stand transferred free of cost, and vest with the gram panchayat free from all encumbrances. After such vesting, the gram panchayat shall maintain all such open spaces for the purpose for which they have been earmarked. (8) Such sanction may be refused on any of the following grounds namely: (i) applications not received in the prescribed form and not accompanied by the documents mentioned in the rule 3; (ii) if the proposed street or road in the layout does not confirm to the provisions of the Act or the rules made thereunder; (iii) if the proposed street or road is not so planned as to connect at least at one end with a street which is already open; or (iv) if adequate area has not been set apart for public purposes under rule 4 (1) (c). Note: The Executive Authority shall maintain registers of all layouts, fees and charges collected in prescribed manner. 12. Offences and Penalties: (1) Any person who contravenes any of the provisions of these rules or any requirements or obligations imposed on him by virtue of these rules shall be guilty of an offence and upon conviction by the District Panchayat Officer shall: (a) be punished with a fine as prescribed by the Government and in case of continuing offence a daily fine until the contravention is made good or removed; (b) Executive Authority shall require owner to take suitable actions including demolition of unauthorized works and in case of non compliance it shall enforce; (c) take suitable action against technical personnel, which include prosecution or debarring him from further practice up to five years. (2) In the case of unauthorised layouts, the District Panchayat Officer or his officers may take any of the above actions and issue suitable instructions to the Executive Authority or any other body for necessary action against the unauthorised layouts, besides taking action on the Executive Authority for allowing such unauthorized layout developments. 13. Status of existing Gram Panchayat/ previously approved layouts: (1) These layout rules shall apply to all existing layouts in the Gram Panchayat areas. Those layouts that have not complied with valid approval, or having shortfall in layout development 170

(2)

works or open spaces or road widths, etc as per these rules shall be got regularized first from the Collector, without which no building permission shall be entertained or accorded. The regularization would be based on levy of pro rata charges for shortfall of open spaces, collection of pro rata betterment charges and development charges and improvement of the road pattern and drainage, etc. which has to be borne by the owners of the plots/ colony. The regularization would be with reference to a cut of date to be notified separately. The Executive Authority shall be responsible for identifying and arresting such unauthorized layouts.

PART - B BUILDING RULES 14. Application for Building Permission: (1) The Application for permission to construct building shall be accompanied by a site plan drawn to scale of not less than 1:500 in a prescribed application appended at Annexure-G: (i) The existing approach road or means of access with width; (ii) The boundaries, giving the dimensions of the site and of any contiguous land belonging to the owner thereof; (iii) All existing buildings position in the site, if any; (iv) The position of the site in relation to neighbouring streets, if any; (v) Space to be left about the building to secure free circulation of air, admission of light and access for scavenging purposes; (vi) Any existing physical features such as wells, drains, trees, etc; (vii) The ground area of the whole property and the built-up area; (viii) The Plans of the building, elevations and Sections drawn to a scale of not less than 1:100 of all floors showing uses of all parts of the building; (ix) Give general specifications of proposed construction and type of materials used, and also giving information of services about water supply, drainage disposal, etc. and duly signed by the owner and the qualified Surveyor/ Engineer/ Architect as prescribed in the application form in Annexure-G appended to these rules. (2) No such application for permission shall be deemed necessary for the following minor alterations, repairs in any existing building in accordance with these rules: (a) providing or closing of a window or door or ventilator not opening towards other’s property; (b) undertaking fencing or construction of compound wall; (c) providing intercommunication doors; (d) white washing/ painting; (e) plastering and patch work; and (f) re-flooring; 15. Exempted Buildings: (1) The following operational construction of the Government whether temporary or permanent, which is necessary for the operation, maintenance, development or execution of any of the following services, are exempted from the purview of these rules: (a) Railways; (b) National Highways, State Highways and Major District Roads; (c) Works undertaken by the District Administration/ Zilla Praja Parishad/ Mandal Praja Parishad/ Gram Panchayat; 171

(d) (e) (f) (g) (h)

16.

17. (1)

(2) 18. (1) (2) (3) 19. (1)

20. (1)

172

Waterways; Ports; Airways and Aerodromes; Defence; Any other service which the government may declare to be a public utility service from time to time for the purpose of this clause; Sites considered for Building Activity: No site or parcel of land shall be used for building activity unless it is approved as building plot or forms part of an approved layout. This rule, however, shall not be applicable in case of: (a) sites and properties in existing settlement areas; (b) farm buildings; (c) Industrial and non-residential buildings abutting highways/ main roads. Minimum plot size requirements The minimum requirement of plot area for non-residential, industrial buildings and the building proposals consisting of G.F.+2 floors and above except Commercial or Mercantile buildings shall be 300 Sq. Meters. The minimum requirement of plot area for residential Apartments, complexes shall be 335 Sq. Meters. Means of Access for considering Building Permission Minimum approach road/ Means of Access requirement in Gram Khantam/ Settlement area shall be 3.6 meters; Minimum approach road/ Means of Access requirement out side settlement area shall be 10 meters; Minimum approach road/ Means of Access requirement for residential Complexes/ all nonresidential buildings shall be 12 meters Proximity of electric supply lines withholding permission Before granting permission for the construction or reconstruction of, or the addition or alteration to a building, the executive authority shall take into consideration the proximity of electric supply lines, if any, and shall with-hold permission for such construction, reconstruction addition or alteration, unless suitable arrangements are made by the applicant to meet the requirements of the permission of the Indian Electricity Act, 1910 and the rules made thereunder and unless the clearance between the electric supply lines ; and the building are kept as shown in the Annexure-H. Permissible Height and Setback requirements: The minimum open spaces/ setbacks (open to sky) and height restrictions shall be as follows for considering the building permissions in Minor Gram Panchayats, (i) Height permissible: 9 meters or G+2 floors in Gram Khantam and 13 meters or G+3 floors height in Revenue survey number areas. (ii) Setbacks: In Gram Khantam : Front setback or building line : 1.50 meters Rear Setback : 1.00 meters (iii) Where the lighting and ventilation of a building is through the means of a chowk or inner courtyard, such open space shall be open to sky and of area at least 3.0 sq meters and no side less than 1.5 meters (iv) In Revenue survey number areas :

Front Setback : 3.00 meters Rear Setback : 2.00 meters Sides Setbacks : 1.50 meters on each side (v) In case of corner plots the front building setback shall be left on all sides abutting the roads. (2) The minimum open spaces/ setbacks (open to sky) and height restrictions shall be as follows for considering the building permissions in Major Gram Panchayats; (i) In Gram Khantam/ Settlement areas: Height permissible : 9 meters or G+2 floors Setbacks : Front setback : 1.50 meters Rear Setback : 2.00 meters (ii) Where the lighting and ventilation of a building is through the means of a chowk or inner courtyard, such open space shall be open to sky and of area at least 3.0 sq meters and no side less than 1.5 meters (3) The minimum open spaces/ setbacks (open to sky) required and height restrictions shall be as follows for considering the building permissions in Revenue survey numbers: (i) Height permissible : 13 meters or G+3 Floors for Residential 15 meters or G+4 Floors for Non -residential For Industrial as per requirement (II) Setbacks and Coverage permissible: Plot size (in sq meters) (1) Up to 50 51 and up to 100 101 and up to 150 Above 151 and up to 300 Above 301 and up to 500 Above 501

Minimum setbacks (in meters) Road side*

Rear

Sides

(2)

(3)

(4)

0.75 1.00 1.50 1.50 3.00 3.00

1.00 1.50 2.00 2.00 3.00

0.50 1.00 2.00 2.00 3.00

(4)

For buildings abutting highways a building line of 6 meters shall be maintained irrespective of the plot size. (5) In case of corner plots the front building setback shall be left on all sides abutting the roads. (6) Where the lighting and ventilation of a building is through the means of a chowk or inner courtyard, such open space shall be open to sky and of area at least 9.0 sq meters and no side less than 3 meters 21. Restrictions of building activity in vicinity of certain areas: (a) no building activity shall be allowed in the bed of water bodies like river, lake, pond or nala, etc, (b) no building activity shall be carried out within : (i) 30 meters from the boundary of Rivers and Lakes of surface area for 10 Ha and above; 173

(ii) 15 meters from the boundary of lakes of surface area for less than 10 Ha (iii) 9 meters from Nalas, Canal, etc. (c) for building activity within the restricted zone near the airport or Defence areas/ Military establishments, necessary clearance from the concerned Airport Authority/ Defence Authority/shall be obtained; (d) in case of sites in vicinity of High Tension Electricity transmission lines minimum safety distance (both vertical and horizontal) of three (3) meters shall be maintained between the buildings and the High Tension electricity lines; (e) in case of Railway line, a minimum distance of (30) meters shall be maintained from the edge of the Railway property, and in built up areas where land cost is high, sufficient space shall be left to safeguard the interest of the Railways. 22. Projections and exemptions in open spaces: (i) Chajjas/weather shades of width not exceeding 60 cm shall be allowed in the mandatory setbacks. (ii) In case of plots more than 300 sq meters, the following accessory uses may be allowed in the front or rear open spaces the height of these accessory buildings shall not be more than 2.75 meters: (iii) A cow shed or store room, latrine may be allowed in rear open space. (iv) An outhouse, open staircase may be allowed in front open space. In case of nonresidential buildings, parking sheds, guardroom, overhead water tank, sump, septic tank, well may be allowed in the open spaces. Balconies shall be allowed only within the mandatory open spaces and not allowed to project onto the open spaces. 23. Parking requirements : (i) In all Complexes including residential complexes, hotels, restaurants and lodges, business buildings, commercial buildings, Institutional buildings like hospitals, Educational buildings like schools and colleges, etc and all other non-residential activities provision shall be made for parking spaces at per the following requirements: Category of building/ activity (1) Residential complexes, hotels, restaurants, lodges, cinema halls, business buildings, commercial buildings, Kalyana mandapams, Offices hospitals, institutional buildings, industrial, schools, colleges and other educational buildings

Parking area as percentage of total built up Area (2) 20%

10%

(ii) The parking spaces in case of complexes can be in basement or cellar or on stilt floor or in the open space over and above the minimum setbacks to be left around the building with adequate vehicular access, aisle, drives, ramps required for maneuvering of vehicles. (iii) The cellar shall be restricted to building line and a minimum of 1.5meters safe distance has to be maintained on sides and rear side. (iv) The width of the ramp shall not be less than 3.6 meters and the slope of the ramp shall not be less than 1 in 8. 174

23-A: Row Housing (i) Minimum site are (ii) Plot size (iii) Minimum width of the plot (iv) Minimum width of internal Road (v) No. of plots permissible in a row (vi) Minimum width between two blocks (vii) Set backs (a) Front 3.00 Mts. (b) Rear 1.50 Mts. (viii) Maximum height of the building (ix) Open space

1000 Sqm. 50 to 125 Sqm. 4.50 Mts. 9.00 mts 8. 6.00m

6.00 mts (G+1) 10% in sites of more than 2000 sqm of extent. (x) In sites exceeds Ac 5.00 in extent then 5% of the total area shall be reserved for Facilities & amenities apart from land reserved towards open space. (xi) Every room shall be provided with proper ventilation as per the standards in force. 23-B: Group Housing: 1. Min Plot Area 335 Sq. Mts. 2. Max Coverage 40% 3. F.A.R. (Excluding common area) Abutting road width F.A.R. upto 12 Mts 1:1.25 12 to 18 Mts. 1:1.50 above 18 Mts. 1:1.75 4. Min. Set Backs a) Front set back Road width Set Back 9 to 12 Mts. 3.00 Mts. 12 to 18 Mts. 4.00 Mts. Above 18 Mts. 4.50 Mts. (If the height of the building exceeds 12 m, it shall not be less than 1/4th of the height) b) Rear & side set backs 1/4th of the height of the building c) However, if the site area is more than 670 Sq.m. the rear setback shall not be less than 4.50 mts. 5. 6. 7. 8. 9.

Max. Height (Non-MSB) 18.00 m (with Stilt Floor parking) Min Distance between two blocks ½ of the height of the tallest building Min. Width of corridor 2.00m Tot-Lot (open to sky, upto 2000 Sq.m. plot area 5% unpaved and no cellar below) above 2000 Sq.m plot area 10% Parking: a) Basement/ Stilt/ first floor may be permitted for parking. b) Basement can extend upto 1.50m from boundary on three sides i.e. except on front side c) The ramp shall have a minimum width of 3.60 m minimum slope of 1 in 8 and shall be within the building line. Such ramps shall be Min. two in number, separately ingress and egress where the ingress shall have direct access from front setback. 175

The parking spaces should be efficiently designed and clearly marked and provided with adequate access, aisle, drives and ramps required for easy maneuvering of vehicles. e) Upto 10% of cellar may be utilized for utilities and non-habitation purpose. f) The front setback over and above 6m may be considered for off street parking purpose g) Visitor’s parking to be provided shall be 10% of the parking requirement and may be accommodated in the mandatory setbacks other than the front setback, wherever such setbacks are more than 6m. The Visitor’s parking facility shall be open to all visitors. h) In respect of Apartment Complexes/ Building/ Block, in sites upto 750 Sq.m the Parking requirement shall be deemed to be met if the entire stilt floor is left for parking. A WC/ Toilet facility shall be provided for watch and ward in the stilt floor. 23-C: High Rise or Multi-Storied Building (i) Min Plot area : 1000 Sq.m. with shortest side not less than 24m (ii) Min. Approach Road : 40’-0" (12.20m) (iii) Max. Height permissible : 30 Mts. (iv) F.A.R. : 1:1.75 Common Areas (a) Residential buildings : 30% of permissible F.A.R. (b) Non- Residential buildings : 35% of permissible F.A.R. (v) Set backs: Height of the building Upto 21m Above 21 m & upto 24m Above 24m & upto 27m Above 27m & upto 30

Min. abutting road width required (in meters) 12.20 12.20 18.00 18.00

Min. alround open space (Mts) 7.00 8.00 9.00 10.00

(vi) The distance between two blocks shall not be less than half of the height of the taller building (vii) The Min. width of the corridor shall be: 2.00 Mts. Other Specifications (i) All the proposals of Multi – building shall have N.O.C of Director of Fire Services under Telangana Fire Services Act. (ii) N.O.C. of Airport Authority of India is required. (iii) The structural designs and drawings shall be verified by an officer not below the rank of S.E. of Panchayat Raj Department. (iv) The local authority shall obtain an undertaking to be effect i.e. whether the owner is taking up the construction on his own or entrusting it to a builder/ construction firm and if so the details of the builder/ construction firm i.e. name, present and permanent address, members of the firm if any, duly counter-signed by the builder/ construction firm. (v) Report of Soil Test/ Geo-technical Investigation Report issued by Institution/ Consultant empanelled with the local authority. 176

(vi)

Structural designs and drawings prepared duly taking the solid bearing capacity into consideration and certified by qualified Structural Engineer/ consultant firm empanelled with the local authority. (vii) Building Plan and Application shall be invariably singed by the owner of the property, builder if any, the Architect and the Structural Engineer who designed the structure with their present and permanent addresses. (viii) If the construction is being taken up by a builder, an attested copy the registered agreement entered between the owner of the property and the builder shall be submitted. in case of any changes in the agreement at a later date, a copy of the same also be submitted to the local authority. (ix) An undertaking an a Stamp Paper of Rs.100/- duly signed by the owner and builder specifying that no flat or built-up area shall be given possession to the purchaser/tenant unless they obtain the occupancy certificate from the local authority and all regular service connections are provided. (x) Contractor takes all Risks Insurance Policy for the construction period. (xi) The owner/ builder shall employ a site engineer who shall maintain a register, in which the Site Engineer, Architect and Structural Engineer shall record their comments at regular intervals i.e. at foundation level and at each slab level and submit report to local authorities. (xii) No construction shall proceed without engaging the sevices of Architect, Structural Engineer, (xiii) The construction without Site Engineer shall be treated as construction without permission. (xiv) In case Site Engineer/ Structural Engineer/ Architect is changed by the owner/ builder during the course of construction or the Architect/ Structural Engineer dia-associate themselves with the ongoing project the same shall be reported to the local authority by the owner/ builder within seven days by registered post or in person along with consent letters of newly engaged Site Engineer/ Structural Engineer/Architect. (xv) The Builder, Site Engineer, Structural Engineer, Architect shall jointly and severally be held responsible for the structural stability during the building construction and for a further period of three years from the date of obtaining occupancy certificate. (xvi) The occupancy certificate shall be issued by the local authority only after submission of the following documents by the owner/ builder. (a) Building Completion Certificate issued by the Architect duly certifying that the building is completed as per the sanctioned plan and specification. (b) Structural Stability Certificate issued by the Structural Engineer duly certifying that the building is structurally safe and the construction is in accordance with the specified designs. (c) An extract of the site registers containing inspection reports of Site Engineer, Structural Engineer and Architect. (d)

Insurance policy to the completed building for a minimum period of three years.

(xvii) The water, sewerage connection and regular power connection shall be given by the concerned agencies only after production of Occupancy Certificate issued by the Local Authority. (xviii)The designs and plans shall be scrutinized by a committee Comprising of following members before forwarding the proposals for the technical clearance by the Director of Town and Country Planning. 1.

Regional Deputy Director of Town Planning

Superintendent Engineer, PR Department. 177

District Panchayat Officer

Panchayat Secretary Concerned.

A representative of IIA, TS Chapter

(xix) In case of failure to follow any of the above provisions, the local authority shall black-list the builder/ Construction firm/ Architect/Site Engineer/ Structural Engineer apart from initiating other necessary action under relevant Rules, Acts, Regulations ect., and they shall not be entitled to take up construction activity for Group Housing/such projects for a further period of five years in any of the site falling under the urban body of the State. 23-D: Gated Community Development: (a)

Row Housing, Detached, Group Housing and Multi-stored Buildings may be allowed.

(b)

An access of minimum 9 Mts thorough fare shall be provided for the neighboring plots or lands that are located in the Interior. They would be governed by good design standards and not impinging on the overall accessibility and circulation network of the area.

(c)

Minimum site, area

(d)

Size of plots and height permissible : As per type of housing and requirements as given above for the respective type of housing.

(e)

Minimum Common Open space

: 10% of site area. In site exceeding Ac 5.00 in extent then 5% of the total shall be reserved for Facilities & amenities apart from land reserved towards open space.

(f)

Building requirements

: The building setback requirements are as per type and category of housing. The side setback may be transferred to another side duly maintaining minimum of 1.00m on one side in case of detached housing.

(g)

Internal Road requirements

●

: 10000 Sq.M

Min. 12 Mts for main internal approach roads:

9.0 m for other internal Roads & Building Other Requirements: (h) All infrastructure in the scheme area shall be carried through ground ducts only. (i) All specifications shall be of ISI standard. (j) The developer shall provide separate Garbage & Sewerage treatment plant for the project area. (k) No wastage generated within the scheme area shall be spill over on to the adjoining areas. (l) Maintenance of infrastructure and amenities within the scheme area shall be given to a company formed on mutual terms & conditions of Residents and developers. (m) The developers shall not put any burden of provision and maintenance of Infrastructure within the scheme area, on the local body. (n) The developers has to set apart 20-25% of the developed area for LIGs/ Ews Housing and allotment to the target group shall be done through the Housing Agency. (o) The applicant has to set apart and develop the 10% of the area for public purpose. (p) The local body and all other Government agencies shall have uninterrupted access to the scheme area. (q) They shall obey all rules and regulations of the Local Body in respect of tax payments, licensing, etc. ●

178

(r) (s)

The project shall satisfy the provisions of Water Land and trees Act2002. The Local Body retains the right to take over the area under the scheme after issuing notice to the management in the event of any dispute. (t) The local body retains the right to declare any road as public road in the interest of overall connectivity and network in future. All emergency services shall be provided as required by the respective agencies like fire stations, police station, post office, etc., 23-E: Rain Water Harvesting: Every building proposed for construction shall be provided with required facilities and infrastructure for conservation and harvesting or rain water. Percolation pits or Trenches: The paved surface around the building shall have percolation pits or Trenches or combination of pits & Trenches in such a way that total volume of such structure shall not be less than 6 cum for each 100 Sq. Mts. of roof top area and multiples there on. Depending on the geomorphologic and topographical condition, the pits can be of size 1.2m wide X 1.2m long X depth of 2 to 2.5 m. The trenches can be of width of 0.6 X length of 2 to 6m X depth of 1.5 to 2.0 meters terrace water shall be canalized, through pits and or trenches. The pits shall be back filled with filter media comprising of the following materials. (a) 40 mm Road metals the bottom layer upto 50% of the deph. (b) 10 mm road metal as the lower middle layer upto 20% of the depth. (c) Course sand as the upper middle layer upto 20% of the depth. (d) Top 10% of the Pits/ Trenches will be empty and a splash pad is to be provided in such a way that roof top water falls on the splash pad. (e) Brick masonry wall is to be constructed and cement mortar plastered on the exposed surface. The depth of wall below the ground shall be in such a way that the wall prevents loose soil going into pits/ Trenches. The projection of the all above ground could be minimum of 15 cm. (f) Perforated concrete slabs shall be provided on the pits and trenches. Terrace water collection: The terrace shall be connected to a sump or the wall through a filtering tank by P.V.C. pipe. A value system shall be incorporated to enable the first part of the rain water collected to discharge out to the ground, if it is dirty. A filtering tank measuring 1m X 1m X 1m meter can be constructed near sump. The tank can be divided by a partition slab and one part shall be filled by fine sand and other by course sand. The bottom portion of the tank should have a slope to avoid stagnation of water. Open ground: Whenever there is a open ground, the top soil shall be removed over a portion of the ground and back filled with course sand to allow percolation or rain water. (or) Any other methods proved to be effective in conservation and harvesting of rainwater may be adopted in each and every construction taken up. (a) The proposal shall comply with the provisions of Water, land & Trees Act, 2002. (b) Environmental clearance of the project shall be obtained as per Environmental Impact Assessment (E.I.A) notification 1994. (c) Necessary land conversion certificate from Agricultural to Non-Agricultural purpose shall be obtained from the Revenue Authority. As per AP Agricultural Land (conversion for NonAgricultural purposes) Act, 2006. (d) All the proposals shall have a provision in the Building design itself for solar water heating system. The local body shall insist on a security deposit for effective compliance. (Rule 23-A, 23-B, 23-C, 23-D, 23-E added vide GO Ms.No. 274 PR&RD, Dept., dt: 12.08.2007) 179

24. Application scrutiny Fees and other charges to be levied by the Executive Authority: TheExecutive Authority shall levy application and scrutiny fees for all applications as notified by the Government from time to time. However the weaker section-housing programme is exempted from levy of fees and duties. 25. Other Charges: In addition to the above, the Executive Authority shall levy development charges and Betterment Charges as specified by the Collector or Government 26. Sanction or refusal of Permission: The Layout plans/ building plans with drawings and specifications may be sanctioned with or without modifications or directions as are deemed necessary or refused by the Executive Authority within: (i) (15) days in case of individual residential buildings (ii) (30) days in case of other buildings. Where no orders are communicated by the Executive Authority of sanction or refusal of the permission, the Executive Authority shall be deemed to have permitted the proposed permission and the owner may go ahead with the work provided that the same: (i) is in accordance with these rules; (ii) the owner intimates in writing of his undertaking the construction/ development. The Gram Panchayat while according permissions for construction of a building intended for public worship or religious purposes shall do so subject to the following conditions: (a) Places of worship for religious purpose shall be given subject to the condition that at least 100 meters distance is maintained in the vicinity of any other such existing place of public worship. (b) Land ownership shall have a clear title and be undisputed. (c) Statutory norms regarding the noise may be adhered to. (Added vide GO Ms. No. 35 PR & RD, Deptt., dt: 22.12.2014) 27. Duration of Sanction: The permission for building construction shall remain valid for two years during which time the building construction shall be completed, and if not completed the permission for building construction shall be revalidated on application subject to the rules then in force and payment of the fees and charges as prescribed in the Schedule. 28. Revoking of Permission: The Executive Authority or the District Panchayat Officer may revoke any permission issued under these rules whenever it is found that such permission was obtained by fraudulent means or misrepresentation of facts. 29. Deviations during construction/undertaking up layout works: If during the execution of any building construction any deviation is made from the sanctioned plan the owner shall obtain revised sanction as per the above procedure and rules. 30. Responsibilities and Duties of Owner: The owner who has been given sanction shall be wholly and solely responsible for the quality of workmanship of the building development works, and for structural safety of the building and for ensuring safety during the construction/ development works, etc. 31-A Prior technical approval from Director of Town and Country Planning is necessary for a residential complexes like Row housing, Group housing, Gated Community Development Etc., and Buildings of more than 13.00m height (inserted vide amendment in GO Ms.No. 274 Dt: 12-06-2007) 31-B Prior Technical Approval from District Town and Country Planning Officer is necessary for certain permissions: (The existing Rule 31 is re-numbered as Rule 31-B) (1) The Executive Authority shall forward within a week, with specific remarks and obtain the prior technical approval from The District Town and Country Planning Officer before sanctioning and releasing the plans in the following cases of applications for permissions: 180

(a)

all Building permissions for Complexes;

(b)

all Building permissions for heights more than 3 floors or 9 meters

(c)

all cases of Cinema Theaters/ Petrol Pump or Stations/ Storage of LP Gas godowns, etc. The District Town and Country Planning Officer shall send its technical approval or rejection within fifteen (15) days of the receipt of the case to the Executive Authority concerned. The Executive Authority shall maintain registers of all layouts, building permissions, fees and charges collected in prescribed manner.

(2)

For all constructions and reconstructions, additions and alterations of Tobacco barns a license from Tobacco Board is required.

32. Unsafe Buildings: All unsafe buildings shall be considered to constitute danger to public safety and hygiene and sanitation and shall be restored by repairs, demolition or dealt with as otherwise directed by the Collector/ Executive Authority. 33. Offences and Penalties: (1)

Any person who contravenes any of the provisions of these rules or any requirements or obligations imposed on him by virtue of these rules shall be guilty of an offence by the District Panchayat Officer shall be punished with a fine as prescribed in these rules by the District Panchayat Officer and in case of continuing offence a daily fine until the contravention is made good or removed; (i)

take suitable actions including demolition of unauthorized works;

(ii) take suitable action against technical personnel, which include prosecution or debarring him from further practice up to three years. (iii) Any unauthorized Tobacco barn running without a license from Tobacco Board is liable for demolition. In the alternative in consultation with Tobacco Board a fine of Rs.30,000 per annum may be imposed on unauthorized Tobacco barns which is recoverable under Revenue Recovery Act. (2)

In the case of unauthorized constructions, the District Panchayat Officer or his officers may take any of the above actions and issue suitable instructions to the executive Authority or any other body for necessary action against the unauthorised construction/layout, besides taking action on the Executive Authority for allowing such unauthorized developments.

34. Inspecting Authority: Under clause (5) of sub-section (5) of section 44 of the Telangana Panchayat Raj Act 1994, an officer of the Director of Town and Country Planning not below the rank of Assistant Director of Town and Country Planning is hereby designated as inspecting authority/ Enquiry Officer on the matters concerned with the Land Development (Layouts and Buildings). 35. Conformity to National Building Code of India: Recourse shall be made to the National Building Code of India (latest Edition) for all standards and specifications relating to building construction viz. (a)

safety of building with regard to structural design, foundations, masonry, timber, plain cement concrete, reinforced cement concrete, structural steel, earth quake resistance, wind loads, etc,

(b)

quality of materials and workmanship;

(c)

building services, viz. Building Plumbing, Water Supply and Drainage (including mode of sewerage disposal system), Electric installations and other services. 181

36. Licensed Technical Persons for preparation of Layout proposals, Building Plans and supervision The qualified technical persons shall register their names and obtain license for their practice for preparation of layouts, building plans and supervision of the works with the Dist. Panchayat Officer duly paying the requisite deposit and annual renewal fee. The qualifications, competency and responsibility of licensed technical persons are as appended at Annexure-I 37. Requirements of Parts of Buildings. (i) Building permission shall not be accorded, if provision for Septic tank is not made. However the Government will provide subsidy for the families Below Poverty Line. (ii) No building permission shall be accorded, if provision for water harvesting pits is not made wherever necessary. (iii) Plinth of buildings: The plinth or basement of any building shall be so located with respect to surrounding ground level as well as normal flood-level so as to ensure adequate drainage of the site is ensured. It shall not be less than 45 cm. (iv) Interior Courtyards: Every interior courtyard shall be raised at least 15 cm above the center of the nearest street and shall be satisfactorily drained. (v) The other requirements for buildings shall be inconformity with the standards of National Building Code of India.

182

27. Extract of Sections 113 & 114 of Telangana Panchayat Raj Act, 2018 1.

This Act may be called the Telangana Panchayat Raj Act, 2018 (Came into force on 18-04-2018, except Sections 6 (10) 34,37(6), 43 (10), 47 (4), 70 (4), 113 (4), 114 (2) and 141 Vide GO Ms No. 22 PRRD (PTS-III) Dept. Dt : 18-04-2018). 113. Development of land and making of a layout: (1) It shall be the obligation of every owner or developer to make a layout and to form a street or road when diposing of lands as building sites. (2) The owner or developer of any agricultural land who intends to make a layout to utilize or sell such land for building purposes shall make an application to the Gram Panchayat duly submitting a copy to the Technical Sanction Authority, only after conversion of agricultural land to non-agriculture use under the Telangana Agricultural Land (Conversion for Nonagricultural Purposes) Act, 2006 from the competent authority under the Said Act. 3 (a) The Gram Panchayat shall within seven days from the receipt, forward the proposals to the Technical Sanction Authority for technical approval; Provided that if the Gram Panchayat fails to forward the proposal within seven days it shall be deemed to have been forwarded to the Technical Sanction Authority. (b) The Technical Sanction Authority shall within thirty days, communicate owner or developer to carry out the activities such as formation of roads, provision of drains, drinking water, street lights etc, to be taken up in the layout, in addition to the registraction of common sites and roads in favour of gram panchayet. (c) The Technical Sanction, Authority, on receipt of letter from the owner or developer complying with the requirements as stated in clause (b) shall, inspect the proposed layoutl; and (i) accord final approval within thirty days, if the said requirements have been complied with, or (ii) reject the layout application within thirty days, in case of non-compliance with the said requirements. (d) The gram panchayat on receipt of the communication from the Technical Sanction Authority shall, within seven days. (i) Accord approval, or (ii) inform the owner or developer the rejection of application in the manner prescribed. (4) The Government shall provide a software or online application of layout approvals and prescribe templates and time periods for various stages for speedy disposal of applications. (5) The official concerned of the Technical Sanction Authority who fails to accord approvals within the prescribed period, shall be liable for disciplinary action and a penalty as prescribed in addition to withholding of promotion. (6) All layouts sanctioned shall be executed within a period of two years from the date of approval by the Gram Panchayat. If the sanctioned layout is not executed within the said period, shall be invalid. (7) The owner or developer shall mortgage 15% of the saleable land in the layout to the Gram Panchayat as surety for carrying out the developments and complying with other conditions within the prescribed period, in the failure of which, the Gram Panchayat shall be empowered to sell away the mortgaged plots and utilize the amount so realized for completing the development works. In such an eventuality, the owner or developer shall be black-listed and shall not be allowed to undertake any development works in the entire State. 183

(8)

No piece of land for building purposes shall be sold by any owner or developer which is not a part of an approved layout: Provided that it shall not be applicable to plots of land in Grama Kantam having an existing building. (9) Any owner or developer who sells, for building purposes, any piece of land which is a part of land demarcated and set apart for public purposes in and approved layout, shall be penalized with imprisonment upto a period of three years. (10) The Gram Panchayat shall be liable for dissolution under section 268 of this Act, if any layout is sanctioned without the approval of the Technical Sanction Authority, as specified in this section. (11) Provisions with regard to authorized and unauthorized layouts existing as on 31st of March 2018 (a) The Gram Panchayat within three months of commencement of this Act shall notify and publish all the layouts existing in the Gram Panchayat as on the date of commencement of this Act. (b) The respective Technical Sanction Authority shall verify with reference to satellite maps and physical inspection of sites, classify the layouts in different categories. (c) Further action on each of those categories in accordance with rules made in this behalf: shall be as specified in the Table below. Sl.No. 1

2 3.

Category Layouts approved by the competent authority and works completed without deviations. Layouts approved by the completent authority,but work not commenced Layouts approved by the competent authority but got lapsed after expiry of two years Layouts approved by the competent authority where work commenced but not completed and deviations are found. (a) where basic amenities are not Provided.

(b) where there is deviation in road width

184

Work Completed on un-authorized layouts

Action Building permissions may be given

May be allowed to complete the work within the stipulated time May be considered for renewal under the rules

The owners/ developers have to Provide the same, failing which three times the cost of such amenities, as estimated by the concerned, shall have to be paid to the Gram Panchayat. Alternate land has to be provided in the sameor common site. layout out of the unregistered plots; or if land cannot be provided, five times market value of the land as on that date in lieu of the land shall have to be paid to the Gram Panchayat. The owner or developer shall provide basic amenities, if not done already. With regard to the deviation in road width or common site shall compensate the deviation by

providing alternate land in that lay-out only out of unregistered plots. If the land cannot be provided ten times market value of the land pre-vailing on that day shall be paid to the Gram Panchayat. 6

Work Commenced and not completed

The owner or developer shall provide basic in unauthorized layouts. amenities, if not done already. With regard to the deviation in road width or common site shall compensate the deviation by providing alternate land in that lay-out only out of unregistered plots. If the land cannot be provided ten times market value of the land prevailing on that day shall be paid to the Gram Panchayat:

Layouts which are not sanctioned by the competent authority and no work commenced

Shall not be regularized.

(d)

Any Layout regularization shall be done only by the respective Technical Sanction Authority. 114.Approval of building permissions: (1)

No piece of land shall be used as a site for the construction of a building and no building shall be constructed or reconstructed and no addition or alteration shall be made to an existing building without the approval of the Gram Panchayat in accordance with the provisions of any rules or byelaws made under this Act, relating to the use of building sites or the construction or reconstruction of buildings.

(2)

The Government shall provide a software for online application of building permissions and prescribe templates and time periods for various stages for speedy disposal of applications.

(3)

All building permissions shall be sanctioned within fifteen days from the date of application, if such application is accompanied by all valid and required documents as prescribed. All residential buildings with Ground plus two Floors upto a height of 10 meters with a site area upto 300 Square meters only shall be permitted by Gram Panchayat: Provided that the Panchayat Secretary shall verify the documents submitted along with application 24 hours of its Submission and certify that all required documents have been submitted. Provided that if the application for the building permission is not accompanied by all required documents, such application shall be returned with reasons in writing to the applicant within seven days. Provided further that, if the gram Panchayat does not take a decision on the application within fifteen days, the approval will be deemed to have been given if all valid documents have been submitted to the Gram Panchayat concerned, in the manner prescribed.

(4)

All building permissions other than those specified in sub-station (3) shall be given by the respective Technical Sanction Authority. Provided that the application for the same shall be made to the Gram Panchayat in the prescribed format duly submitting a copy to the Technical Sanction Authority. The Gram 185

Panchayat shall within seven days from the receipt, forward the proposals to the Technical Sanction Authority for technical approval; Provided that if the Gram Panchayat fails to forward the proposal within seven days it shall be deemed to have been forwarded to the Technical Sanction Authority Provided that if no decision is taken on the application within fifteen days, the official concerned of the Technical Sanction Authority, shall be liable for disciplinary action and a penalty as prescribed. (5)

The amount collected by the Technical Sanction Authority on account of building permissions and layout approvals in such area, a part of such amount as prescribed by the Government shall be remitted to the concerned Gram Panchayat.

(6)

No building permission shall be accorded in any piece of land which is not converted for nonagriculture use by the competent authority under the Telangana Agricultural Land (Conversion for Non-agricultural Purposes) Act, 2006. If any deviation is found in this matter, the Gram Panchayat shall be liable for action under this Act.

(7)

No building permission shall be given on any piece of land which is not covered by an approved layout: Provided that the Government may exempt certain buildings from technical approval in the manner prescribed: Provided further that the buildings and houses falling under the existing settlement areas notified as Gram Kantam or farm buildings or industrial and non residential buildings abutting highways or main roads are exempted from approved layout provisions, subject to payment of required layout charges; and the building permission is necessary as per building rules in existence.

(8)

The Gram Panchayat shall be liable for dissolution under section 268, if any un-authorized building comes up in the Gram Panchayat area or if any deviation is found in the permitted building plan or if any permission is granted contrary to any rules made in this behalf.

186

28. Conservation and Harvesting of Rain water Structures in construction of buildings in all Municipal Cororation / Urban Delopment Authorities / Municipalities -Orders-Issued MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT (M1) DEPARTMENT GO Ms No 350 1. 2. 3.

Dated 9th June, 2000

GO Ms. No. 422 MA., dt: 31.07.1998 GO Ms. No. 423 MA., dt: 31. 07.1 998 GO Ms.No. 611 MA., dt : 26.10.1999 ✦✦✦

ORDER The ever increasing population and its increasing trend concentration in urban areas has a direct effect on the availability of water. The excess tapping of ground water and absence of its recharge has lead to depletion of ground water table to greater extent. This is evident from the increasing number of dry bore wells and digging of bore wells to a greater depth of every new bore well that is taken up. Most of the urban area is in their paved or covered by buildings leaving little scope for charging the ground water during the monsoons. Keeping in view the above, provisions have already been made in G.Os 1st to 3rd read above that it is mandatory to provide required facilities land infrastructure for conservation and harvesting of rain water in all Group Housing and commercial Further there have been number of representations and provisions from environmentalists to make it mandatory the provisions of such rain water harvesting structure of all types or buildings including residential buildings as large parts of the towns are covered by residential layouts. Government after careful examination of the matter decided to make the provisions for rain water harvesting contained in the third read above as mandatory for all categories of proposed buildings Including residential buildings in the interest of rural public. Accordingly the following orders Issued. 1.

The Competent Authorities i.e., Director of Town and Country Planning, vice Chairman of Urban Development Authorities, Commissioners of Municipal Corporations/ Municipalities shall insist for facilities and infrastructure for conservation and harvesting rain water in all layouts and sub- division for sanctioning the same.

Every building proposed for constructing plots having extent of 300 Sq. Mtrs. and above shall be provided with required facilities and infrastructure for conservation and harvesting of rain water viz. Part-A is compulsory and part-B & C or D is optional.

All existing buildings in Municipalities/Municipal Corporations shall construct rainwater harvesting the structure within a period of one year from the issue of this G.O.

Percolation pits or Trenches: The paved surface around the building shall have percolation pits or Trenches or combination of pits & Trenches in such a way that total volume of such structure shall not less than 6 cum for each 100 Sq.Metres of roof top area and multiples there on. Depending on the geomorphological and topographical condition, the pits can of size 1.2m wide x 1.2 m long x depth of 2 to 2.5 m. The trenches can of width of 0.6 x length of 2 to 6m x depth of 1.5 to 2.0 meters terrace water shall be channeled, to pits and or trenches. The pits shall be back filled with filter media comprising of the following materials. i)

40 mm Road metals the bottom layer upto 50% of the depth.

ii)

20 mm road metal as the lower middle layer upto 20% of the depth. 187

iii)

Course sand as the upper middle layer upto 20% of the depth.

iv) Top 10% of the Pits/ Trenches will be empty and a splash pad is to be provided in such a way that roof top water falls on the splashpad. v)

Brick masonry wall is to be constructed and cement mortar plastered on the exposed surface. The depth of wall below the ground shall be in such a away that the wall prevents loose soil going into pits/ Trenches. The projection of the all above ground could be minimum of 15 cm

vi)

Perforated concrete slabs shall be provided on the pits and trenches.

Terrace water collection: The terrace shall be connected to a sump or the wall through a filtering tank by PVC pipe. A value system shall be incorporated to enable the first part of the rain water collected to discharge out to the ground, if it is dirty. A filtering tank measuring 1mx1mx1m meter can be constructed near sump. The tank can divided by a portition slab and the one part shall be filled by fine sand and by course sand. The bottom portion of the tank should have a slope to avoid stagnation of water. Open Ground Whenever there is a open ground, the top soil shall be removed over a portion of the ground and back filled with course sand to allow percolation of rain water. (or) Any other method proved to be effective in conservation and harvesting of rainwater may be adopted each and every construction taken up. The Commissioners of all Urban Local Bodies shall open a "rain water harvesting cell" to motivate existing building owners to implement the scheme before the arrival of monsooons and take up area wise interactive programme at regular intervals to educate the people on the importance of Ground water recharging and Rain water Harvesting/ Water Conservation. Failure to follow the above orders by the concerned and for penal action u/s 41 of Telangana Urban Development Authority Act.1975 or U/s 596 & 597 of Hyderabad Municipal Corporation Act, 1955 or U/s 340 of Telangana Muncipalities Act, 1965 as the case may be N.S.HARIHARAN Principal Secretary to Government

188

29. MA&UD Department Parking Policy for Hyderabad and Urban Areas of Telangana State. GO Ms. No.187 Ref : GO MS. No. 168, MA, Dt: 07-04-2012

Dated: 07-07-2017 ✦✦✦

ORDER Government of Telangana has been striving hard to transform Hyderabad into a global city and develop the other urban areas of Telangana. Urban areas of Telangana State are growing at a rapid rate and the growth is massive in terms of scale and size. With improving economic scenario of Urban Areas, vehicle ownership is growing rapidly and demand for parking is increasing fast. With the existing limited parking spaces, this situation is resulting in uncontrolled and ill managed on-street parking of the vehicles. 2. The State from time to time has come out with certain guidelines under the common building rules to create parking spaces. In the year 2006 Government vide GO Ms.No. 86 have rationalised the parking requirements for various uses like Malls, Multiplexes, Hotels, Restaurants, Business Houses, Residential Apartments, Go-downs, etc., Subsequently in the year 2012 Government have issued revised building rules vide GO Ms.No.168, Dt.07.04.20112 further rationalising the parking requirements and made certain provisions to encourage construction of parking complexes by the private sector, which has led to creation of some parking spaces. However, despite this, the response has not been very encouraging. Further the income from providing additional parking spaces by private player needs to be commensurate with revenues from alternate uses (opportunity cost) to encourage private investments in parking facilities. 3 Keeping in view the above Government after careful consideration of the matter hereby issue a 'Policy on Parking' as Annexed to these orders to address various issues related to parking viz., Planning, Development, Operation, Management and Enforcement for the city of Hyderabad and other Urban Areas of Telangana. Parking Policy For Hyderabad And Urban Area Of Telangana State: 1. Introduction : The Government of Telangana has been striving hard to transform Hyderabad into a global city and also develop the other urban areas of Telangana. Urban areas of Telangana State are growing at a rapid rate. Its growth is massive in terms of scale and size. The annual growth rate of urban areas has increased from 2.27 % to 3.28% in 19912001 to 2001-2011. Urban population share of the State increased from 30% in 1991 to 39% in 2011. With improving economic scenario of Urban Areas, vehicle ownership is growing rapidly and demand for parking is increasing fast, With the existing limited parking spaces, this situation is resulting in uncontrolled and ill managed on street parking of the vehicles, defeating the very purpose for which the Roads are built. If this situation goes unchecked, it may soon lead to dead lock of all the roads in Hyderabad City. The demand for parking spaces for land uses is very high and varying in character when compared to conventional establishments. Thus, there is a need for evolving parking norms and guidelines for provision and management of parking spaces in private and public sector in such high traffic generating land uses. Since the urban land is very scarce and expensive, there is a need to balance the demand and supply of parking spaces in urban areas for the future. To meet the parking needs of different size of the ULBs a systematic analysis of the parking characteristics is necessary. There is an emergent need to come up with a parking policy and a set of operational standards/ guidelines to encourage private initiative, in addition to the Government 189

4. (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k)

190

initiatives, in creation of adequate parking spaces through appropriate incentives and enforcement systems. Growth Vehicles And Land Use In Hyderabad And Urban Areas Of Telangana: Vehicles are rapidly growing in numbers in Telangana. During 2014-2015 the vehicles have grown from 72 lakhs to 78.4 Iakhs with annual growth rate of 9% in Telangana and from 40.5 Iakhs to 42.8, 4 lakhs with annual growth rate of 6% in Hyderabad. An average of about 1,800 vehicles are being added to the Telangana roads each day and 700 vehicles are being added to the Hyderabad roads each day. With the increase of population and number of vehicles, it is imperative to tackle the problem at the initial stage before it becomes unmanageable leading to gridlocks. It is necessary for the authorities to keep urban traffic flowing at reasonable speeds and they also need to consider the requirement of the stationery traffic, so that it does not cause perpetual congestion. Considerable improvements in policy framework/ operational standards are required to create parking spaces in public and private sector so that stationery vehicles can occupy the space and moving vehicles are given space for movement and faster journeys. This document on Parking Policy is formulated to address issues of planning, provisioning, development, operations, management and enforcement for city of Hyderabad and other urban areas of Telangana. Regulations And Issues: The state from time to time has come out with certain guidelines under the common building rules. In the year 2006 the Government vide GO Ms.No. 86 made certain provisions for parking requirements in various institutions like Malls, Multiplexes, Hotels, Restaurants Business Houses, Residential Apartments, Go-downs, etc., Subsequently the Government has also issued notification in the year 2012 vide GO Ms. No.168, prescribing encouragement and incentives to the builders for construction of parking complexes, which has led to creation of some parking spaces within those establishments. However, despite this,the response has not been very encouraging. In-spite of construction of huge parking spaces, there is lot of spill over as these spaces are not enough to take care of the actual requirements. Moreover there are several establishments, residential as well as commercial, which have come up prior to 2006 or thereafter where the requirement of construction of parking is not mandatory and there is huge demand for parking requirements. It is a common feature that people park their vehicles on streets, footpaths, open places, carriage way leading to traffic problems and is great impediment on free flow of traffic in various parts of the cities. Further the income from providing parking spaces by private player (higher than compulsory requirement) needs to be commensurate with revenues from alternate uses (opportunity cost) to encourage private investments in parking facilities. Policy Objectives: The primary objectives of parking policy are to: Ensure safe and expeditious movement of traffic on the road network; Reduce traffic congestion resulting from illegally parked vehicles; Contribute to road safety; especially pedestrians. Reduce congestion, which in turn contributes towards improving air quality; Assist the timely operation of public transport; Facilitate access and ensure optimal response times for emergency service vehicles; Safe and secure parking- including short and long stays Integration of parking with the public transport facilities; Promote private participation and investment in creation and management of parking spaces. Enable appropriate pricing for the various parking facilities Manage kerb space and access to parking places insupport of commuter shopping and leisure parking; I) Protect and improve access for the disabled

(m) Ensure that the loading and unloading to take place where applicable; (n) Promote latest technologies for effective implementation of parking guidance, parking management, parking pricing; and (o) Facilitate! enable conversion of open lands vacant lands for off-street parking facilities; (p) Surcharge on properties who do not have parkingfacilities; and (q) Regulate parking charges so as to promote the above objectives 5. Recommendations: The recommendations of the “Parking Policy for Hyderabad and Urban area of Telangana” covering the following aspects: (a) On Street Parking (b) Short Stay Parking (c) Parking in residential areas; (d) Parking in public institutions, Cinema theatres, etc.; (e) Heavy Vehicle Parking (f) Parking in railway/ MMTS/ Metro stations and Busterminals; and (g) Off-street parking lots Parking in open plots and multilevel parking (h) Latest technologies for effective implementation of parking guidance, parking management, parking fees collection etc. 5.1 On-Street Parking (a) The On-street parking will be allowed on some important roads wherever there is adequate Right of Way (RoW) and approvals of appropriate authority. (b) It will be ensured that while planning the on-street parking priority will be given for the functions that are expected to be played by different kinds of roads - expressways, arterial roads, sub arterial road, collector road and local streets; (c) As far as the arterial and sub arterial roads are concerned, priority will be accorded for traffic movement and elimination of parking at all times will be considered as a long-term strategy; (d) On-street parking restrictions on local streets are necessary to improve the quality of residential environment. On street parking in residential areas shall be provided only on roads and lanes which are wider than 12 meters. (e) Provision of sidewalks will be considered as an integral activity, while planning for onstreet parking. This is proposed to eliminate conflicts between (f) pedestrians and vehicles on movement; and (g) While deciding the specific locations for on-street parking and the number of parking spaces shall be provided, due consideration will be given to loss in road capacity in permitting parking. 5.2 Short-Stay Parking:Short-stay parking is preferably located in proximity to trip destinations and protected from long-stay packers. Separate short-stay parking facilities may be required for business users, entertainment and tourist visitors, office visitors, visitors to residential unit's etc. (a) A short stay parking (Road side, multi level, on grade, Private! Public) will be created according the area needs; (b) Protection from long-stay parker will be ensured by means of time restrictions and/or by appropriate pricing structures; (c) Parking of vehicles by owners and employees of establishments in short stay parking lots for long-stay purposes will be discouraged through appropriate pricing mechanism; and 191

(d) 5.3

(a) (b) (c) (d) (e) 5.4 (a)

(b) (c) (d) 5.5 (a) (b)

(c)

(d) 5.6 (a)

(b) (c)

(d) 192

Parking costs will be uniform irrespective of nature of parking or ownership in so for a street is concerned. Parking in Residential Areas: Public roads are a public resource intended primarily for the movement of vehicles and not for parking. Vehicles owned by residents will not use the roads in residential areas for long-stay parking. Building bye laws will be enforced to promote parking in residential areas; Parking in private off-street locations will be promoted through necessary amendments to the building bye laws; Option of providing exemption from payment of property tax will be explored to promote private parking lots; Steps towards providing additional height of buildings will be taken to create more parking spaces in residential areas; and Parking of both owners as well as visitors on streets near flats will be prohibited and enforced. Parking In Public Institutions, Cinema Theatres, Etc Institutions (e.g. educational institutions), industrial establishments, commercial complexes, cinema theatres, Kalyanmandapams, entertainment halls, hotels and restaurants will provide adequate off-street parking facilities for employees, visitors etc.; Adequate number of off-street parking spaces will have to be made available by the establishment to meet the demand generated by employees and visitors; and Spill over of parking arising from these establishments to the streets will be discouraged I prevented. Institutions may also be encouraged to utilise the parking space during non-institution hours. Heavy Vehicle Parking Overnight parking of buses, trucks, omni buses, tourist buses, vans, water tankers, container Lorries etc. along major roads will be discouraged; Specific off-street parking facilities will be made availableby the owners/operators of the vehicle for night-time parking or when the vehicles are not in use. Such vehicles will be discouraged from occupying the road space of the major roads for loading/unloading Overnight parking of private vehicles may be allowed in notified areas on payment basis. However, overnight parking of commercial vehicles such as Call Taxis, Light Commercial Vehicles, Buses, Trucks etc. in the residential area will be discouraged; Long-stay overnight parking will be avoided considering the possible nuisance due to noise disturbance and safety hazards, associated with such parking; and Parking in Railway! MMTS/ Metro Stations and Bus Terminals Commuter parking shall be developed/streamlined at the sub-urban railway MMTS/ metro stations and at the TSRTC bus terminals by the respective authorities to facilitate the commuters to adopt the park and ride concept; Design suitable interlace facilities enabling the bus and rails systems to work in close coordination in respect of operation, fare structure, comfort, convenience etc.; Agencies operating the bus system and the railway/MMTS/metro system will periodically review their functioning and if necessary revise, taking into account the aspirations of the commuters; and Wherever possible, Private initiatives shall be encouraged to achieve the objectives.

5.7. Off-Street Parking Lots- Issue of Licences for allowing Parking in open Plots & Development of Multi-Level Parking and Concessions for provision of parking areas (a) "Stand alone" parking facilities will be promoted. (b) Parking lots will be developed both by government agencies and private developers on PPP model. BOT concept may be encouraged in development of parking lots; and (c) Private land owners shall be provided with licence for allowing parking facility in Open Plots as well as development of Multilevel Parking spaces (d) Issue of TDR equivalent to 100% of the built-up area provided for parking. (over and above compulsory requirement of parking) (e) Permitting commercial use in relaxation of Zoning Regulations. (f) Relaxation of the height of the building in case if multiple floors are proposed for parking. (g) 100% property tax exemption for the parking area provided for a fixed number of years. (h) 100% exemption of building permission fees and charges for parking area. (i) Sharing of revenue with the owner of building if the parking area is used for public parking. 6. Parking Pricing/Charges: Pricing means that motorists pay directly for using the parking facilities. Parking Pricing may be implemented as a Travel Demand Management (TDM) strategy (to reduce vehicular traffic in the area), as a parking management strategy (to reduce parking problems in a particular location), to recover parking facility costs, to generate revenue for other purposes (such as a local transportation program or downtown improvement district), or for a combination of these objectives. A city wise Regulatory Authority wherever needed shall be established for deciding the prices based on demand supply 7. Enforcement: All recommendations and measures need strict enforcement. This is especially important for on street parking, particularly on bus routes and main roads, to minimise the impact of parked vehicles on other road users, Gross violations such as pavement parking also need to be strictly dealt with since this inconveniences the pedestrians who in turn use the road to walk on, thus adversely affecting the traffic flow. While one can expect public dissatisfaction at strict imposition of parking rules in the beginning, once it is made clear through public education campaigns that parking is not a right and is strictly enforced, (and control of parking will lead to better facilities for majority of citizens including the pedestrians and the cyclists) -- over time one can expect a change in public perception. This requires the enforcement to be uniform, fair through Technology and evidence based systems and well publicized. 8. Stakeholder Roles And Responsibilities: As the policy attempts to cover the parking concerns in a comprehensive manner, it will be useful to map the roles and responsibilities of the various stakeholders: I. Unified Metropolitan Transport Authority (UMTA): (a) Will ensure that the parking policy is implemented by various stakeholders; (b) Will form a Parking Management Committee, consisting of members from GHMC, HMDA, Hyderabad, Cyberabad and Rachakonda Traffic Police, TSRTC, HMRL, etc. for effective coordination and implementation of proposed parking policy including identification of parking spaces (on-street and off-street) and its management including pricing of parking fee; (c) Parking Committee will co-ordinate activities through a process of review and appraisal; (d) Will offer technical support in detailing any aspect of the Policy to encourage adaptability and implementation; (e) Will assist in formation of SPV for funding; and 193

(f) (g) (h)

II.

Ill.

IV.

194

Will organise training and sensitization programmes. Will collect the parking and traffic violation fees and charges into a fund. Will spend the amount in the fund for improvement of traffic and transportation management. (i) Will regulate the parking fee/ charges wherevernecessary. (j) Will review incentives for parking facilities from time totime and recommend the Government with a view to promote adequate investments by private players. Hyderabad Metropolitan Development Authority (HMDA) and Urban Development Authorities (UDAs) (a) Will adopt strategies, measures and actions for integrating public transport, transit connectivity between new developments and to the city; (b) Will ensure that adequate planning norms and guide lines are built into the statutory documents for parking according to the needs of the township requirements; (c) The integrated townships will have reduced dependence on motor vehicles alternate forms for mobility shall be encouraged in their planning and design; (d) In co-ordination with ULBs, GoTS, National Highways Authority of India, R&B, etc., identify key places for establishment of truck terminals, highway infrastructure on/ near the QRR, NHs, SHs, etc. This will prevent the vehicles from entering the main city/ town; (e) Incorporation and adaptation of policy recommendations in the zonal regulations where HMDA/UDA is Special Planning Authority (SPA); (f) Creation of spaces for organised parking in the new developments; (g) Provision of Multi level car Parking facilities at their shopping complexes; and (h) Will adopt the recommendations of Comprehensive Transportation Study for HMA. Municipal Corporation/ Municipalities (a) Will implement the parking policy for the Municipal area; (b) Will carry out necessary studies for detailing and arriving at a consistent framework for various areas- this will include area level planning and development proposalson regular basis; (c) Will revise the bye laws to incorporate the policys recommendations; (d) Will propose a set of prices for different areas in line with policy; (e) Will involve private participation for creation, management of parking infrastructure and collection of fee/ charges; (f) Co-ordinate with Police, Fire department, transportdepartment and NGO, citizen groups for joint programmes; (g) Wilt set up fast track cell for identifying “parking spaces”during special occasions! events; and (h) Will undertake measures for allowing incentives such rebate in municipal tax, waiver and issue of Transfer of Development Right (TDR). Police/ Traffic Police: (a) The Traffic wing of the police department will act as nodal agency for coordinating with stakeholders for developing and management of parking spaces. They wilt regulate the traffic at on the designated street parking locations; (b) Enforce the parking regulations and rules by levying penalties, etc.;

(c)

Involve in training and educational programmes for road users such as TSRTC, auto rickshaws, truck operators, general public; and (d) Work in close coordination with municipal authorities and other government agencies (e) Work with communities, citizen groups, business houses for evolving various action programmes. V. Telangana State Road Transport Corporation (TSRTC): (a) Encourage park and ride facility at terminal locations; (b) The transport system should be extended to all parts of the city such that “walk to the bus” should be possible; (c) Adoption of pricing strategy to keep the parking fees optimal such that parking becomes an easily available but priced commodity; and (d) Will advice and set up routing of buses to accommodate high density users. (e) Allow private bus parking in non-peak hours/night at suitable user charges. VI. Hyderabad Metro Rail Ltd. (HMRL): HMRL will develop Transfer stations and multi modal hubs with adequate parking spaces. This should encourage park and ride facility 9. Action Plan For Implementation: The proposed action plan for implementation of the proposed parking policy is as follows: (a) Creation of Parking Management Committee consisting of members from GHMC, HMDA, Hyderabad, Cyberabad and Rachakonda Traffic Police, TSRTC, HMRL, etc. Commissioner, GHMC as Chairman. (b) Progressive implementation of parking charges for all the on-street parking locations (c) Progressive implementation of off- street/ Residentia! ParkingLots in open plots-Permits and Charging (d) Use of latest parking management technologies for effective enforcement of on-street parking and effective utilisation of off-street parking facilities (Parking meters, ETM, Automatic Vehicle Detection and Guidance System, automatic vehicle detection & parking management, Mobile Applications and User Information System, CCTV surveillance with Control Centre, Automatic Alarm Systems for safety & Security, etc.) (e) Creation of MLCPs in PPP mode with more incentives (like relaxations in building heights, waiving off property tax for fixed number of years, adequate space for commercial development, etc.) (f) Progressive amendments to Bye laws to incorporate the parking policy guidelines (g) Concessions for provision of parking areas (i) Issue of TDR equivalent to 100% of the built-up area provided for parking. (over and above the compulsory requirement of parking) (ii) Permitting commercial use in relaxation of Zoning Regulations. (iii) Relaxation of the height of the building in case if multiple floors are proposed for parking. (iv) 100% property tax exemption for the parking area provided for fixed number of years. (v) 100% exemption of building permission fees and charges for parking area NAVIN MITTAL Secretary to Government

195

29-A MA&UD Department-Parking policy for Hyderabad and Urban Areas of Telangana State-Regulation of Parking fee in Commercial Establishments - Orders - Issued. MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT [Pig.II(1)] DEPARTMENT GO Ms. No. 63

Dated: 20.03.2018

Ref : 1. GO Ms No. 187 MA&UD Dept Dated : 07-07-2017 2. GO Ms No. 168 MA., Dated : 07-04-2012 ✦✦✦

ORDER In the G.O 1st read above, Government have issued "Policy on Parking" to address various issues related to parking viz., Planning, Development, Operation, Management and Enforcement for the city of Hyderabad and other Urban Areas of Telangana. One of the objective of the Parking Policy is to regulate the parking charges. 2.

As per the Building Rules issued in G.O 2nd read above, adequate number of offstreet parking spaces as specified in the said Building Rules will have to be provided by the owners of Commercial Establishments/ Malls/ Multiplexes to meet the demand generated by their employees and visitors. It has come to the notice of the Government that in some of the cases especially in malls & multiplexes huge parking fee is being collected irrespective of duration of the parking, purpose of visit etc.,

In view of the above, to rationalize and regulate the Parking Fee being collected in the Commercial Establishments/ Malls/Multiplexes and to prevent misuse of parking facility in these complexes by charging such exorbitant fee, Government after careful examination of the matter and in the following orders:

S.No Duration of Parking

Parking fee to be collected

Up to first 30 minutes

Free, i.e., no parking fee to be collected from any person.

Above 30 minutes and up to 1 hour

Free if the person who has parked the vehicle produces Bill to any amount in proof of having done shopping in the respective mall/multiplex. In case of other persons (i.e., those not having any purchases bills from the mall) prescribed parking fee for the said duration wii be collected.

Above 1 hour

Free if the person who has parked the vehicle produces a Bill/ Movie ticket to an amount which is more than the parking fee (in proof of having done shopping/viewed movie in the respective mall/multiplex) to be paid by him/her for the said duration. In case of other persons (i.e., those not having any purchases bills/movie ticket) prescribed parking fee for the said duration wii be collected.

196

The above orders shall come into force with effect from 1.04.2018 and same shall be scrupulously followed by all the concerned individuals/agencies who are maintaining the parking areas in the Commercial Establishments/ Malls/ Multiplexes. Commissioner, GHMC and Municipal Commissioners in other ULBs wherever such facilities exist, shall take necessary penal action against the concerned, if there are any deviations to the above orders. ARVIND KUMAR Prinicipal Secretary to Government

197

30. Schedule of Planning Fee and Charges - Municipalities S. No

1 I.

Section in TM Act 1965/ HMC Act 1955