Government have amended the Telangana Municipalities Act, 1965; the Greater Hyderabad Municipal Corporation Act, 1955; the Telangana Urban Areas (Development) Act, 1975; Hyderabad Metropolitan
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.
- Accordingly the following Notification shall be published in the Extraordinary
Gazette of Telangana Dated: 3.11.2015
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
- Short Title, Application and Commencement:
These Rules may be called “Telangana Regularization of unauthorizedly constructed buildings and buildings constructed in deviation of the sanctioned plan Rules, 2015”
- 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.
- They shall come into force from the date of publication of the Notification in the Telangana Gazette.
“Licensed technical personnel” means professionals authorized by the Competent Authority to take up scrutiny of the Application made for regularization under these Rules.
- “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.
- “Total Built up area” means the entire built up area covered in the building including common areas and balconies on all floors.
- “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:
- 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.
- From Airport Authority of India wherever applicable.
- 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:
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.
- The above fees and charges shall be remitted by way of Demand Draft drawn in favour of the Competent Authority.
- 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.
- 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.
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.
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.;
- Land for which the applicant has no title;
- Surplus land declared under Urban land Ceiling /Agriculture Land Ceiling/ lands resumed under Assigned Lands ( POT) Act;
- 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;
- Tank bed and Sikham lands;
- Areas prohibited for construction under GOMs No. 111 MA&UD Dept., dated 8-3-1996 (protection of Catchment area of Osmansagar and Himayatsagar lakes);
- Layout/Master Plan open spaces/Areas earmarked for Recreation Use /open space use in Master Plan/Zonal development Plan;
- Buildings that are not in conformity with land use and zoning regulations approved in Master Plan/Zonal development Plan;
- Sites under legal litigation/ disputes regarding ownership of the site / building;
- Area earmarked for parking as per sanctioned plan;
- 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.
- 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.
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.
- All the appeals shall be disposed off within 3 months.
- 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:
Such unauthorized constructions would be treated as continuing offence and Penalty as per law would be levied.
- Other enforcement action including demolition shall be initiated by the local authority as per law.
- No further building approvals shall be considered by the building sanctioning authority in the said site.
- Amount levied kept in separate account:
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.
- 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.
- Constitution of Committee:
Government will issue separate orders constituting appellate Committees for examining appeals under rule 11.
Government may issue guidelines to operationalize these rules.
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.
A N N E X U R E – I
RATES OF REGULARISATION FOR INDIVIDUAL RESIDENTIAL BUILDINGS / COMERCIAL BUILDINGS / NON COMMERCIAL BUILDINGS (Rs. / sft)
|Plot Area||Residential/ other|
|101 – 300||–||30||60|
|301 – 500||sanctioned plan|
|501 – 1000||sanctioned plan|
|Above 1000||sanctioned plan|
A N N E X U R E- II
RATES OF REGULARISATION FOR MULTIPLE DWELLING UNITS/ FLATS/ APARTMENT COMPLEXES WHICH ARE IN VIOLATION/ INDIVIDUAL BUILDINGS CONVERTED INTO APARTMENTS
|Basic regularization Charges||Basic regularization|
|per Flat in rupees|
|Plinth area of Flat||Unauthorized Floors|
|(covered by approved plan|
|(not covered by approved|
|but with deviations)|
|Upto 600Sft||Rs 12500||75|
|601 to 1200 Sft||Rs 25000||100|
|1201 to 2000 Sft||Rs 40000||120|
|Above 2000 Sft||Rs 60000||150|
|A N N E X U R E – III|
|REGULARISATION CHARGES WITH REFERENCE TO LAND VALUE|
|Market value of the land as on||Regularization Charges|
|(% of basic regularization|
|28.10.2015 (Sub Register|
|value) in Rs per Square Yard|
|3001 to 5000||30%|
|5001 to 10000||40%|
|10,001 to 20,000||50%|
|20,001 to 30,000||60%|
|30,001 to 50,000||80%|