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Lahore Development Private Housing Schemes Rule 2014
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469 views54 pagesLDA PHS Rules 2014
Lahore Development Private Housing Schemes Rule 2014
Uploaded by
HAssan ALiCopyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF or read online on Scribd
/ 54
x ps agate
GOVERNMENT OF THE PUNJAB |
HOUSING, URBAN DEVELOPMENT & aly j
PUBLIC HEALTH ENGINEERING DEPARTMENT. , 14
| j
Dated Lahore the Y87 aoril. 2014,
NOTIFICATION| —
wr fs
No.SO(H-II)3-9/2014.- In exercise of the powers conferred Poh | pst
section 44 of the Lahore Development Authority Act, 1975 (XXX of 1975), W900 one
Governor of the Punjab is pleased to make the following rules:
CHAPTERI
PRELIMINARY
1. Short title and commencement.-(1) These rules may be cited as
the Lahore Development Authority Private Housing Schemes Rules2014.
(2) They shall come into force at once.
(3) They shall extend to all Housing Schemes including
Cooperative Housing Schemes.
2. Definitions.-_ (1) _ In these rules:
(a) “Act” means the Lahore Development Authority Act,
1975 (XXX of 1975);
(b) “amalgamation” means joining of two or more housing
schemes;
(c) “Apartment site” means a site earmarked for specific
use of an apartment building;
(d) “chamfer” means the flat surface made by cutting of
sharp edge or comer of a plot to enhance the visibility e
at the turning point;
(e) “company” means a company registered under the
Companies Ordinance 1984(XLVII of 1984);
(f) “conversion charges” means the charges levied by the
Autnority for conversion of land use;
(g) “cooperative society” means a society registered under
the Cooperative Society Act, 1925 (VII of 1925);
(h) “development works” means the planning and execution
of infrastructure of a housing scheme such as roads,
street lights, water supply and sewerage system,
electricity, sui gas and such like amenities;
(i) “educational institution” includes a school, college,
university, research or training center, library or a
madrassah;
Gi) “farm house” means a dwelling place attached to a farm
ona plot having an area not less than four kanal;
(k) “Form” means a Form appended to these rules; 0)
(m)
(n)
(0)
(p)
(a)
©
(s)
(t)
(u)
(vy)
(w)
oo)
”
“Government” means Government of the Punjab;
“horticulture” means the art or practice of garden
cultivation, tree plantation, arranging of grass and
flower beds;
“housing scheme” includes a private housing scheme, a
farm housing scheme, a land sub-division or a
cooperative housing scheme;
“infrastructure” means the services including road
network, water supply, drainage and sewerage system,
teleghone, gas, cable and power lines;
“Kanal” means a size of land equal to twenty marlas;
“landscape plan” means a plan showing visible feature in
an open space in a scheme such as walkway, green
area, fountain, flower bed, grass and trees;
“Lard Sub-Division’ means a sub-division of land having area
less than hundred kanals;
“low cost housing” means construction of low cost
houses in the shape of quarters, combined houses, flats
or epartments for low income group;
“low income group” means a group of persons in which
every person has monthly income not exceeding twenty
five thousand rupees;
“marla" means a size of land equal to two hundred
twenty five square feet in Lahore district and two
hundred seventy two square feet in other districts;
“master plan” means the traditional method for
presenting a set of land usage allocation and control
measures in the form of a map in graphical form and is
supported by written statements of goals and
objectives, strategy, financial implications and policies
for planning and development for an area and includes a
structure plan, an outline development plan, a spatial
plan, and peri-urban structure plan and a metropolitan
plan;
’peri-urban area” means an area that spans the
landscape between contiguous urban development and
rural countryside with low population density and is
predominantly being used for agricultural activity and is
likely to be urbanized in the next twenty years as may
be notified by the Authority;
“peri-urban structure plan” means a plan indicating the
proposed road network and type of development in the
peri-urban area in accordance with the Lahore
Development Authority Master Plan Rules 201:
“property” means a plot or a building in a scheme; @)
(aa)
(bb)
(cc)
(dd)
(ee)
(ff)
“public building’ includes a dispensary, post office, police
station, local government office, educational institution,
hospital, clinic, mosque, fire station, community centre,
clubs and such other public building;
“right of way” means the width of road or street
between two opposite properties;
“saleable area” means an area under the residential,
commercial and public building plots in a scheme;
“spcnsor” means a company or a cooperative society or
a firm or an owner of land who intends to develop a
housing scheme or who has developed a scheme after
approval;
“sub-division of plot” means division of a plot into two or
more plots in an approved housing scheme;
“town planner” means a town planner registered with
Pakistan Council of Architects and Town Planners; and
“valuation table” means the valuation table notified
under the Stamp Act 1899 (II of 1899).
(2) A word or term used but not defined in these rules shall have
the same meaning as in the Act.
3. Types of h
schemes:
(a)
(b)
(c)
(a)
4. Application
CHAPTER IL
PRELIMINARY PLANNING PERMISSION
jousing schemes.-The following are the types of housing
private housing scheme having an area not less than one
hundred kanal and includes a cooperative housing
scheme;
farm housing scheme;
land sub-division having an area less than one hundred
kanal; and
land sub-division having an area less than forty kanal.
for Preliminary Planning Permission. (1) A sponsor
shall not initiate any planning or development activity in the Area, except in
case of the land sub-division scheme having an area less than forty kanal,
without obtaining
(2) A spor
preliminary planning permission from the Authority.
nsor, seeking approval of preliminary planning permission
for a housing scheme in the Area, shall submit an application to the
Authority and sha
(a)
(b)
(c)
II attach the following documents with the application:
a certified copy of national identity card of the sponsor;
complete mailing address, including email address, of the
sponsor;
a copy of last paid utility bill for the property mentioned in
the mailing address as proof of residence; (a)
(e)
(f)
(g)
(h)
a
G)
(k)
a certified copy of certificate of registration of the
company or the cooperative society, if applicable;
a location plan of proposed scheme signed by a town
planner;
the proof of ownership status of the land:
(i) self-owned; or
(ii) private land not owned by the sponsor;
the financial statement of the developer if the land is not
owned by the sponsor, including:
(i) bank statement; and
(li) details of self-owned assets;
in case the land is not self-owned, the financial statement
indicating that funds are available or secured to purchase
the land;
a soil investigation report for technical requirements
prepared by a consultant engaged by the sponsor;
khasra plan showing the boundary, list of khasranumbers,
satellite imagery of the site and location of the site shown
on the master plan and any other information, if required;
and
receipt of the deposit of preliminary planning permission
fee.
5. Evaluation criteria.-(1) The Authority shall not entertain an
incomplete application.
(2) The Authority shall examine and satisfy thal
(a)
(b)
the site proposed for the housing scheme fulfills the
following requirements:
(i) it falls on an adequate access road;
(ii) it is not prone to flooding;
(iii) it is not notified by the Government for acquisition
for any other public purpose; and
(iv) the housing scheme proposal is in conformity with
the approved master plan or outline development
plan, agro-ville development plan and other allied
plans;
additional requir ements in case of land sub-division:
(i) _ the land is locked owing to the following:
a) surrounded by an existing built up area or an
approved housing scheme; or
b) separated from the built up area by physical
barriers; and
(ii) a sponsor does not own additional land in
continuation of the land proposed for sub-division. 5
6. Processing.-If the application, on evaluation, is found to be in
accordance with these rules:
(a) Director Metropolitan Planning shall, within seven days,
forward the case to Water and Sanitation Agency or other
concerned Department or Agency;
(b) Water and Sanitation Agency or other concerned
Department or Agency shall, within ten days, either issue
a ‘No Objection Certificate’ or communicate his
observations to the Director Metropolitan Planning;
(c) Director Metropolitan Planning shall, within ten days of
receipt of the observations, if any, from Water and
Sanitation Agency or other concerned Department or
Agency, scrutinize the case in accordance with these rules;
(d) after scrutiny, the Director Metropolitan Planning shall,
within seven days, submit the case to the Chief
Metropolitan Planner, who shall submit the case to the
Director General, for approval and permission to proceed
for planning of a scheme or otherwise; and
(e) Director Metropolitan Planning shall, within seven days,
issue a planning permission or convey observations, to a
sponsor, if any.
7. Preliminary planning permission.-(1) The Director Metropolitan
Planning shall, within seven days from the date of the approval of
preliminary planning permission, convey the permission to the sponsor.
(2) The permission shall be valid for six months from the date of its
receipt by the sponsor but it shall not authorize the sponsor to start
construction or undertake marketing of plots or publicity of the housing
scheme in any manner whatsoever.
(3) On receipt of the preliminary planning permission, the Sponsor
may submit the housing scheme for approval,in accordance with these rules.
CHAPTER III
PLAN AND PLANNING STANDARDS
8. Submission of housing scheme.-(1) The Authority shall entertain
an application for sanction of a housing scheme only if it is submitted within
the period of validity of the preliminary planning permission and is in
accordance with these rules.
(2) The application shall be accompanied by:
(a) a certified copy of national identity card of the sponsor;
(b) certified title documents such as registered sale deed,
mutation, fard malkiat and any other relevant documents
to establish that the sponsor is full owner of the land, but
no special or general power of attorney shall be
entertained or accepted for the proof of the ownership;
(c)_khasra plan or aks-e-shajra certified by the concerned
revenue officer; (d) non-encumbrance certificate from the —_ competent
authority;
(e) location plan signed by a town planner;
(f) topographic survey extended to a depth of one thousand
feet around the scheme area; and
(9) lay-out plan super-imposed on khasra plan, with proposed
divisicn of scheme into residential and commercial plots,
road network, open spaces, graveyard and public
buildings, prepared and signed by a town planner and the
sponsor, in accordance with these rules.
(3) The sponsor shall provide the documents mentioned in clauses
(c), (4), (e) and (f) of sub-rule (2) in triplicate.
9. Lay out plan of housing scheme.—The Authority shall ensure that a
layout plan of a housing scheme is prepared and sanctioned in accordance
with the following technical requirements:
(a) scale of scheme plan is 1:1200 to 1:2400;
(b) scale of location plan is 1: 4800;
(c) size and dimension of each plot are given;
(d) plots numbers in the scheme are fixed as per Form 'G
(e) chamfering of a corner plot up to one kanal, by 5x5 feet and
above one kanal, by 10x10 feet;
(f) size and dimension of public buildings and open spaces;
(g) right of way of roads;
(h) parking area with parking layout;
(i) dimensions of the scheme boundary;
()_ boundary of a Mouza or a revenue estate;
(k) number and boundary of each Khasra in a Mouza;
(1) area statement and percentage of:
(i) residential use;
Gi) commercial use;
(iii) open spaces;
(iv) roads;
(v) graveyard;
(vi) public buildings; and
(vil) other land uses;
(m) aggregate of various categories of plots with area and size;
(n) area of existing graveyard, if any, excluding it from area required
for a graveyard under these rules;
(0) location of pumping station, if any;
(p) location of overhead water tank and tube well if any;
(q) aggregate of various categories of plots to be mortgaged;
(r)_ signatures of the sponsor and a town planner; (s) seal of the approving authority;
(t)_ cardinal sign indicating north;
(u) name of the scheme; and
(v) names of the mouzas included in the scheme.
10. Planning standards for housing scheme.~(1)The Authority shall
ensure that a housing scheme is planned and approved in accordance with
the following planning standards and requirements:
(a) Planning standards:
S |tand [land —~—~*(| Farm _| Private Housing Scheme
No | use i housing
scheme
than 500 500
300 | kanal | kanal
Kanal
1 | Open Min. 5% |Min. | Min.
space 7% 7%
2 |Graveya|-‘|- (Min. 2% |Min. | Min.
rd 2% 2%
3-}éommer|> | Max.i% | Max. 5% |Max. |Max.5 | Max.10
cial 5% % %
la TPublic }> ~~ | Min. 2% | Min. 2% [2% to|3% to 4% to|
Building 10% 10% 10%
s
5 |Size of|Max. |Max. 2 Max. 2| Max. 2|Max. 2
Resident kanal | kanal __| kanal
ial Plot
6 | Internal Min. 30 |Min. 30| Min. 30|Min. 30 |
Roads feet feet feet feet
>—TSite for|= | Min. 5| Min. 10|Min. 10|Min. 10|Min. 10
Solid Marla |marla | maria | maria | maria
Waste plot plots for! picts | plots _| plots for
Manage 200 for 500| for 500 | 500
ment kanal
et 19 {Kanal | kanal__| kanal
fara (and 10/and 10|and 10
plot for|marla {maria | maria
every | plot for| plot for| plot for
additiona | every _| every
| 800 | aaditio | additio 4 kanal. [nal 500] nai 500] al 500
kanal. | kanal. | kanal.
8 | Grid - |= ‘Jas per| As per|As per
Station requirem | require | require | require
ents of
Exclusiv arcane ments | ments | ments
Be oF @ depte, | of of
Public agency.” | concern | concern | concern
Building * Jed ed ed
s deptt./ | deptt./ | deptt./
agency. | agency. | agency.
9 |Major | Min. 40 | Min. . | Min. [Min |
Roads 40 feet up| 100 100 150 feet
feet to 300|feet | feet
kanal
and 60
feet
above
300 |
kanal
10. | Service | - Min. 5|Min. 10|Min. 10] Min. 10| Min. 1
Area/ marla maria marla | maria | kanal
Society
Office |
(b) Other requirements:
The Authority shall ensure that the following additional
requirements are met by the sponsor:
(i) accommodation of roads proposed in the master
plan, outline development plan, structure plan, agro-
ville development plan or other allied plans;
(i) location of a tube well, overhead reservoirs,
pumping stations and disposal stations to be
provided if required by Water and Sanitation Agency
or any other department or agency;
(iil) location of fire hydrant on the main water line in
open space, commercial center and at regular
interval along a road;
(iv) displaying of a guide map at an entrance and other
prominent locations in a scheme and board at the
corner of road indicating plot numbers and name of
the blocks; scheme:
(a)
(b)
(c)
(a)
(e)
Ww)
Wi)
(vii)
(viii)
(a)
(b)
green strip under high tension electricity lines as per
requirements of the concerned department or
agency;
in every scheme, appropriate provision for place of
worship shall be made;
approval of design and specification of water supply,
sewerage, drainage system, electricity and street
light network, road network, solid waste
management system in accordance with these rules
from the department responsible for approval of the
same, except in land sub-division scheme having an
area less than forty kanal where the sponsor shall:
a) provide internal infrastructure and services;
and
b) provide septic tank in each plot, in case public
sewerage system is not available.
20% of the plots in a housing scheme, except in a
farm housing scheme or in a land sub-division
scheme having an area less than forty kanal, shall be
reserved or planned for low income group in the
following manner, :
10 % of the plots in a housing scheme shall be
allocated for three to five marla plots; and
10% of the remaining plots shall be allocated for
multi-storey flats or apartments for low cost
housing.
CHAPTER IV
REQUIREMENTS OF SERVICES DESIGN
11. Submission of documents.- A sponsor shall submit to the
Authority four sets of the following documents of the sanctioned housing
approved layout plan;
location plan;
topographic survey plan;
land use analysis; and
soil test report from the approved laboratory.
12. Water supply, sewerage and drainage.— (1) A sponsor shall:
(a) engage services of a qualified public health and structural
engineer, registered with Pakistan Engineering Council, for the
preparation of detailed design and specifications of water
supply, sewerage and drainage systems;
(b) ensure that the design and specifications are in accordance
with law, rules, master plan and guidelines of the agency
responsible for the approval; and 10
(c) ensure that water supply, sewerage and drainage lines are
provided on both sides of a road but, if provided only along
one side of a road, underground connections for properties on
the other side of road shall be provided before road
pavement.
(2) A sponsor shall, in areas where public trunk sewer does not
exist, abide by the requirements of an agency maintaining a sewerage
system and shall ensure disposal of sewage to the satisfaction of the
agency.
(3) A sponsor at his cost shall connect sewerage and drainage
system of the scheme to a public trunk sewer wherever available subject to
approval of an agency maintaining a sewerage system.
(4) After connecting the system to a public trunk sewer, the same
may be taken over by the agency for operation, maintenance and billing
(5) A sponsor shall submit four sets of the following documents or
drawings to the Authority:
(a) detailed designs and specifications of water supply,
sewerage and drainage system;
(b) number of tube wells, their capacity, chamber design, the
details of bore hole and connection with water supply
system, including tube well logs (strata chart), details of
tube well machinery and installation detail;
(c) number of overhead tanks, capacity, design, structure
design and design calculation details along with structural
stability;
(d) design for ultimate disposal of the sewage; and
(e) location of septic or soakage well, where disposal is not
available.
13. Road network.-A sponsor shall:
(a) engage the services of a qualified civil or structural
engineer, registered with Pakistan Engineering Council, for
preparation of detailed design and specifications of road
network and bridges;
(b) ensure that the design and specifications are in accordance
with law, master plan and guidelines of agency responsible
for approval of the same;
(©) ensure that foot paths are provided on both sides of a major
road;
(d) ensure that service road is provided on both sides of a road
with more than 80 feet right of way; and
(e) submit to the Authority four sets of the following documents
or drawings:
(i) design and specifications for a road network, bridge
and foot path in accordance with law, rules, master
pian and guidelines of the agency responsible for
approval of the same;
(ii) geometric design of road network and junctions; a
(iil) design of appurtenance and structure;
(iv) road drainage design;
(v) landscape design for a road network;
(vi) design of street furniture and fixtures; and
(vil) detail of traffic control devices
14. Electricity and street li
(a) prepare design and specification of electricity and street or
public lighting and the street or public lighting shall be
designed through the most energy efficient lights as may be
specified by approving authority, agency or department;
(b) submit these designs and specifications to concerned agency
notified by the Government responsible for the provision of
electricity and street or public lights for approval;
nt plan.-A sponsor shall:
(c) ensure that designs are prepared by an electrical engineer,
registered with Pakistan Engineering Council, and approved
by the agency responsible for provision of electricity; and
(d) install or provide energy efficient lights for street or public
lighting as may be specified by approving authority, agency
‘or department at the time of approval.
15. Landscape plan. A sponsor shall, submit to the Authority, a
landscape plan for parks, open spaces, including free plantation on both
sides of a road and in open spaces.
16. Solid waste management plan.- A sponsor shall, submit to the
Authority, a solid waste management plan which shall include a plan
showing location of the proposed dust bins, storage places and collection
and disposal of solid waste system.
17. Gas supply charges.- (1) A sponsor shall, within one year of the
sanction of a scheme, deposit charges and costs for provision of gas (if
available in the vicinity) in accordance with the requirements of Sui
Northern Gas Pipeline Company under intimation to the Authority.
(2) In case of non-availability of gas in the vicinity, a sponsor shall
provide to the authority a certificate from Sui Northern Gas Company.
18. Telephone.-A sponsor shall, within three years of the development of
a scheme, ensure availability of telephone facilities under intimation to the
Authority.
19. Underground services.- (1) A Sponsor shall ensure that utility
services such as water supply, sewerage, sui gas and cable lines are laid
underground.
(2) In the area where topography does not permit laying of
underground services, exemption may be granted by the plan approving
agency under intimation to the Authority.
20. Exemption.—The provisions of this chapter shall not be applicable to a
land sub-division having an area less than forty kanal
CHAPTER V
APPROVAL 2
21. Processing of an application.—The Authority shall entertain an
application, complete in all aspects and In case of incomplete application,
inform the sponsor within seven days.
22. Scrutiny of land ownership documents.~ (1) If the Authority
considers an application complete:
(a) Director Metropolitan Planning shall, within seven days,
forward the application to its revenue staff for scrutiny of
ownership documents;
(b) The revenue staff of the Authority with the assistance of the
District Collector shall, within ten deys, scrutinize the
ownership documents;
(c) after the scrutiny, the revenue staff of the Authority shall
forward its report or objections to the Director Metropolitan
Planning; and
(d) Director Metropolitan Planning shall, within five days, convey
the objections to the sponsor for appropriate action.
23, Public objections.- (1)The Authority, after clearance of the
‘Ownership documents, shall publish in at least two leading Urdu and one
English daily national newspaper, a public notice for inviting objections on
Form A, except in case of land sub-division scheme having area which is less
than forty kanals.
(2) The sponsor shall bear such cost of the publication of the public
notice as the Authority may determine
(3) The public notice shall specify the following
(a) _ location of the scheme;
(b) _ total area of the scheme;
(c)__ name and address of the sponsor;
(d) _ list of khasra number along revenue estate or mauzaj and
(e) the objections, if any, may be filed within fifteen days
from the date of publication wi th su ch authority as is
mentioned in the notice.
(4) The Authority shall, within seven days, forward the objections, if
received, to the sponsor, for such action as the sponsor deems fit.
(5) In case an objection is raised about the ownership of a portion
of land included in the scheme and both the sponsor and object or claim
ownership on the basis of title documents, the Authority shall exclude the
disputed land from the scheme.
24. Technical scrutiny of layout plan.-(1)After the scrutiny of the
‘ownership documents and settlement of public objections, if any:
(a) Director Metropolitan Planning shall, within ten days,
scrutinize the layout plan in accordance with these rules and
forward the objections, if any, to the sponsor for such action
as he deems fit; B
(b)
(2) On
(a)
(b)
(c)
in case of clearance of the lay out plan, the Director
Metropolitan Planning shall intimate the sponsor to provide
the following:
(i) a transparency of layout plan indicating also the plots
proposed to be mortgaged but no mortgage of plots shall
be required in case of a land sub-division having an area
less than forty kanal;
(i) a soft copy of layout plan geo-referenced with the
coordinate system of Survey of Pakistan Plan;
(iii) a transfer deed in Form B, B1, B2 for transferring to the
Authority, free of cost, the area reserved for roads, open
spaces, parks, graveyard, solid waste management and
such other services and minimum fifty percent area of
public building sites up to a maximum of two percent of
the scheme area allocated for public building sites,
excluding the area of mosque and in case of land sub-
division having an area less than forty kanal, the area
under roads, open spaces and amenities, if provided;
(iv) a mortgage deed in Form C, C1, C2mortgaging in favour
of the Authority twenty percent plots of the housing
scheme as security for completion of development works
but no mortgage of plots shall be required in case of a
land sub-division having an area less than forty kanal;
fulfillment of requirements:
the Director Metropolitan Planning shall, within seven
days, submit his recommendations to the Chief
Metropolitan Planner who shall, within seven days, submit
the case to the Director General;
the Director General, shall approve the layout plan or pass
appropriate orders; and
the Director Metropolitan Planning shall, within seven days
of the receipt of the order of the Director General, intimate
the sponsors the orders of the Director General.
25. Processing of services design.- On submission of the design for
services, exce|
kanals:
(a)
(b)
(©)
(a)
pt for a land sub-division having an area less than forty
the Director Metropolitan Planning shall forward, within seven
days, the design to the agency or agencies responsible for its
approval;
the concerned agency shall, within twenty days, convey
objections, if any, to a sponsor under intimation to the
Director Metropolitan Planning;
a sponsor, after removing the objections, may resubmit the
case to the Director Metropolitan Planning;
on resubmission of the case, the concerned agency shall,
within fifteen days, convey its decision to the sponsor under
intimetion to the Director Metropolitan Planning; and 14
(e) the sponsor shall submit:
0) a soft copy of the approved design to the concerned
agency; and
(ii) a_soft copy of the approved layout plan of
infrastructure services of the housing scheme.
26. Pre-requisites for sanctioning a housing scheme.- (1) The
Authority shall issue the letter of final approval of a scheme and shall
release the lay out plan within ten days from the date on which the sponsor
fulfills the following requirements
(a) deposit the approval fee;
(b) deposit the land use conversion fee, if applicable;
(c) deposit fee for a public notice if applicable, in one Urdu and
one English daily national newspapers giving details of
mortgaged plots and the salient features of the approved
Scheme or approved sub-division plan and publish the same
on the website, if available;
(d) execute a transfer deed in favor of Authority in the office of
the Sub-Registrar;
(e) execute mortgage deed in favor of Authority in the office of
the Sub-Registrar as security, if applicable;
(f) deposit a performance bond in Form D and Form D1,
Consisting of a performance agreement and a unconditional
bank guarantee covering the period of development works
but the amount of bank guarantee shall be equivalent to the
total cost of development works of the housing scheme
except for land sub-division scheme having an area less than
forty kanal;
(g) submit a no objection certificate from the Provincial
Environmental Protection Agency, if applicable;
(2) The Authority shall ensure that the mortgage deed and transfer
deed are executed by the sponsor scheme and such deeds are incorporated
in the revenue recorc in the following manner:
(a) the transfer of land under public uses, open spaces, parks
and such like other amenities in the name of the Authority
is incorporated in the revenue record;
(b) the mortgage of the plots in favour of the Authority Is
incorporated in the revenue record; and
the housing scheme is incorporated in the revenue record.
27. of private housing schemes.-After fulfilment of the
apove requirements, the Authority shall issue a formal letter of sanction in
Form E and, on receipt of the letter, the sponsor may start the marketing
rot yale of the plots in the sanctioned housing scheme but the sponsor shall
ant ‘be absolved of the responsibility to comply with the marketing
fequirements under any other law and shall not market or sell any 15
mortgaged plot unless it is redeemed by the Authority and the plot is
released by executing a Redemption Deed.
28. Public notice.—The Authority shall, at the cost of the sponsor, publish
in two dally national newspapers a public notice in Form F, giving details of
mortgaged plots and salient features of the sanctioned housing scheme and
also publish it on the website, if applicable.
29. Sub-division of a residential plot.- (1) The Authority may allow
sub-division of residential plot in an approved private housing scheme.
(2) The Authority shall entertain an application for sub-division of
residential plot subject to following requirements:
(a) the applicant is the owner of the plot;
(b) the plot is not less than one kanal, including chamfer area, if
requirec;
(c)_ the plot of one kanal but less than two kanal is sub-divided
into two plots of not less than ten marla each;
(d)_ the plot of two kanal and above is sub-divided into plots of
one kanal or above;
(e)_ ina farm housing scheme, a sub-divided plot is not less than
four kanal;
(f) if a sub-divided plot is not abutting a road, a sixteen feet
wide access road is provided within the original plot;
(g) if more than one sub-divided plots are not abutting a road, a
twenty feet wide access road is provided within the original
plot; and
(h) chamfer area shall be considered part of original plot and the
resultant plots.
(3) The applicant shall provide internal infrastructure and services
for additional plots.
30. Approval of sub-division of a plot.-(1) The Authority shall not
entertain an incomplete application and shall, within seven days, inform the
applicant of the objections, if any.
(2) If the Authority is satisfied that the application fulfills the
requirements of these rules, the ownership of the plot has been established
and the prescribed sub-division fee has been deposited, it may approve the
sub-division.
CHAPTER VI
FEE, FINE AND PENALTY
31. Fee. (1) A sponsor shall deposit a preliminary planning permission
fee along with application at the rate of rupees one thousand per kanal for
the total scheme area
(2) The sponsor shall deposit fee for:
(a) sanction of a housing scheme at the rate of rupees ten
thousand per kanal for the total scheme area; 16
(b) approval of design and specifications for water supply,
sewerage and drainage at the rate of rupees one thousand
per kanal for the total scheme area;
(c) approval of design and specifications for roads, bridges
and footpaths of a housing scheme at the rate of rupees
one thousand per kanal for the total scheme area; and
(d) approval of design and specifications for electricity and
street or public lighting at the rate fixed by the agency
responsible for electricity supply.
32. Fee for revised plan and service designs: A sponsor shall deposit
the fee for approval of a revised scheme and service design at the rate of
fifty percent of the fee mentioned in rule 31 but for any additional area, the
fee shall be payable at the rate prescribed for a new scheme.
33. Fee for sub-division of plot: An applicant shall deposit thirty
thousand rupees per additional plot in case of sub-division of a-plot in an
approved housing scheme.
34. Fee for transfer or amalgamation of scheme: A sponsor shall
deposit 25% of the prevailing fee applicable for sanction of a housing
scheme under clause (2) of sub-rule (2) of rule 31.
35. Fee for conversion of land use: A sponsor shall deposit fee for
conversion of peri-urban area to the use of a housing scheme at the rate of
five percent of the value of the residential land as per valuation table or five
percent of the average sale price of preceding twelve months of the
residential land in the vicinity, if valuation table is not available.
36. Penalty for illegal development.-The Authority, besides any other
action, shall impose the fine mentioned below on a person, if the person
develops or continues to develop a housing scheme without approval of
‘Authority or fails to develop a housing scheme within the stipulated period
after approval of the Authority
(a) five thousand rupees per day till the default continues in
respect of the schemes having an area up to 300 kanals;
(b) ten thousand rupees per day till the default continues in
respect of the schemes having an area more than 300 kanals
but up to 500 kanals;
(c) fifteen thousand rupees per day till the default continues in
respect of the schemes having an area more than 500 kanals
but up to 1000 kanals; and
(a) twenty thousand rupees per day till the default continues in
respect of the schemes having an area more than 1000
kanals. uv
CHAPTER VII
ACTION AGAINST VIOLATIONS
37. Action against violations.-The Authority shall take appropriate
dction against a sponsor in case any provision of these rules is violated.
38. Cancellation of approved scheme.-(1) In case a sponsor is unable
to develop or complete an approved scheme within the stipulated time, he
may apply to the Authority for the cancellation of the scheme subject to the
condition that he has not sold any plot in the scheme, provides such surety
Ss the Authority deems appropriate and deposits the requisite fee for
publication of a public rotice in this regard at the cost of the sponsor.
(2) Subject to the conditions mentioned in sub-rule (1), the
Authority may cancel the scheme on payment of all the outstanding dues,
including fine, and payment of prevailing market value of the sites reserved
for public buildings.
(3) The approved evaluator of the Authority shall, in the prescribed
manner, assess the value of land under sub-rule (2).
(4) Nothing in this rule shall have the effect of absolving the
sponsor of any liability or claim of a third person on account of the
cancellation of the approved plan or scheme.
39, Development of an approved housing scheme.- In case 8
housing scheme was approved prior to the enforcement of these rules but
hee not been develoved and the sponsor is not available, the persons
Interested, if any, may constitute a committee for purposes of approval of
fovised plan, release of mortgaged plots, development of the housing
scheme and other allied matters.
40. Transfer of approved housing scheme.-(1) The Authority may
siigw the transfer of an approved housing scheme from a sponsor to another
sponsor subject to fulfillment of the following conditions:
(a) provision of valid sale deeds of the scheme;
(b) submission and execution of the agreement between the
sponscrs with the prior approval of the Authority that the
sponser shall abide by all the terms and conditions of the
approved housing scheme;
(c) public notice for calling objections from the general public
and settlement of the objections, if any;
(4) payment of fee for transfer of the housing scheme; and
(e) transfer of all assets, rights and liabilities.
(2). The transfer to the new sponsor shall not absolve the original
sponsor of any liability arising at any stage.
41. Amalgamation of approved housing schemes.-(1) The Authority
may allow amalgamation of two or more approved housing schemes, other
than a cooperative housing society, subject to the following conditions:
(a) public notice for calling objections from the general public
and settlement of objections, if any;
(b) payment of fee for amalgamation of housing scheme; 18
(©) clearance of the outstanding amount, if any; and
(a) _ transfer of all assets, rights and liabilities.
(2) The amalgamation of approved housing schemes shall not
absolve the original sponsors from any liability arising at any stage.
42. Revision of approved housing scheme. (1) The Authority may
allow revision of an approved housing scheme in the manner in which a new
housing scheme is approved.
(2) In case of revision of an approved housing scheme, public
amenity sites like open spaces, public buildings shall not be changed in the
fevised layout plan but the site reserved for unutilized graveyard even if
transferred in the name of the Authority may be substituted with some
other equal land in the revised layout plan and the sponsor shall incur the
cost on transfer of such land
(3) _No revised scheme shall be entertained and approved unless the
Authority has granted extension in the development period in accordance
with these rules.
(4) The sponsor shall not be allowed any extra time for executing
the revised scheme.
(5) If before the expiry of the development period, the sponsor
submits the revised plan which includes an additional area, the Authority
may, in accordance with these rules, grant extension in the development
period but only to the extent of the additional area.
43. Area for approval of housing scheme.-The Authority shall allow @
housing scheme in the area deciared residential or peri-urban in the master
plan, outline development plan, agro-ville development plan, peri-urban
structure plan and other allied plans
44, Unplanned housing.- The Authority shall not allow any individual
construction in the area unless it is part of any approved housing scheme
except in the following cases:
(a) areas contiguous to Lal Lakeer of village settlements to be
notified by the Authority;
(b) farm house on a minimum four kanal area; and
(c)_ farmer's hut and ancillary facilities up to a maximum of ten
marlas on the land not less than one acre. 19
CHAPTER VIII
MARKETING AND SALE
45. Contents of an advertisement.-(1) Notwithstanding anything in
rule 27, a sponsor shall not advertise sale of plots or housing units in print
or electronic media or in any other manner, without prior approval of the
Authority.
(2) The Authority may, within fifteen days after the fulfillment of the
conditions prescribed for the purpose, grant no objection certificate to a
sponsor under sub-rule (1).
(3) The contents of advertisement shall include:
(a) _ total area of the scheme along with location plan;
(b) total number of residential and commercial plots with
area;
(c)__ detail of public building sites;
(d) detail of mortgaged plots;
(e) _ period for completion of development works;
(f) name of sanctioning authority and sanction number and
date;
(g) procedure of allotment through balloting or otherwise; and
(h) details of plots to be sold.
46. Execution of agreement.-(1)A sponsor shall execute a registered
agreement with the allottee at the time of booking of a plot or constructed
house.
(2) The agreement shall also include the following terms and
conditions:
(a) the number of the allotted property shall not be changed
without prior consent, in writing, of the allottee;
(b) a sponsor shall ensure that an allottee becomes member of a
resident association and is bound to pay management and
maintenance charges on regular basis;
(c) allotment of a property shall not be cancelled without prior
notice of at least 15 days, sent to the allottee thr ough
registered post indicating the reasons for such cancellation;
(d) the date of handing over possession of the property shall be
indicated;
(e) notwithstanding anything in the contract, in case of delayed
handing over of possession of the plot or property beyond
the stipulated date, the sponsor shall be liable to pay an
amount equivalent to 2% per month of the amount paid by
the allottee;
(f) in case the cancellation of property is due to the non-
payment of installment of the price of property, at least one
oppo-tunity for making the required payment shall be given
to the allottee; 20
(g) in case of non-payment of development charges, at least
two opportunities for making the required payment shall be
given to the allottee;
(h) in case of cancellation due to default of the allotee, ten
percent of the price of the property shall be deducted and
the balance amount shall be refunded within six months of
cancellation;
(i) development charges per plot shall be clearly defined in the
terms and conditions and shall not be increased without
written permission of the Authority; and
(@) on payment of full installments, the sponsor shall
immediately execute the sale deed in favour of the allotee.
(3) The sponsor shall submit to the Authority a copy of every
booking agreement duly registered.
(4) All information regarding allotment and sale of plots shall be
provided periodically by the sponsor to the Authority and, if so required by
the Authority, the updated information shall be published on the website of
the sponsor and the Authority
47. Execution of sale deed. The sponsor, on receipt of full payment of
a plot or property, shall immediately execute the sale deed in favour of the
purchaser or allotee. a
CHAPTER IX
DEVELOPMENT AND MONITORING
48. Development of a sanctioned scheme.-The sponsor shall:
(a) execute all development works within the time mentioned as
under:
(i) two years, in case of land sub-division or an area up to
100 kanals;
(ii) three years, in case of an area 101 kanals to 300
Kanals; and
(iii) five years, in case of an area above 300 kanals;
(b) undertake development works after issuance of approval of
design and specifications by the concerned agencies; and
(©) in case of water supply, sewerage and drainage works,
intimate the name and address of the pipe manufacturing
factory to the agency which approved design and
specifications of water supply, sewerage and drainage.
49. Monitoring of development works.-(1) The Authority shall ensure
that there is no deviation from the sanctioned housing scheme plan.
(2) The Authority or the Agency which approved design and
specifications or any person authorized by either of them shall:
(a) conduct, without prior notice, regular site visits to ensure
that development works are being executed in conformity
with approved design and specifications;
(b) carry out hydraulic tests for sewer and water supply lines;
(c) determine testing laboratory, types and number of tests to
be performed;
(d) complete testing and inspection prior to back filling of
trenches and paving road surface;
(e) Intimate the sponsor to rectify any deviations from approved
design and specifications; and
(f)_ take action against the deviations or violations as per law.
(3) Asponsor shall:
(a) prior to commencement of development works, inform the
agency which approved design and specifications in writing
of his intention to commence the development works;
(b) engage services of public health, structural and electrical
engineers, registered with Pakistan Engineering Council, to
ensure quality control and execution of works in accordance
with an approved design and specifications; and
(c) rectify any deviations from the approved design and
specifications as intimated under clause (e) of sub-rule (2).
(4) Testing and inspections carried out by the agency which
approved design and specifications shall be at the cost of the sponsor. 2
50. Extension in time.- (1) If a sponsor fails to complete the
development works within the given time owing to reasons beyond his
control, the Authority may, after recording reasons, extend the period for
completion of the development work up to two years on payment of penalty
of ten thousand rupees per kanal per year, or part of it, for the total area of
the scheme but no further extension shall be allowed.
(2) The Authority may extend development period for less than two
years on payment of penalty as prescribed in sub-rule (1) proportionate to
the period requested by the sponsor if it is satisfied that the remaining
development work can be completed in a such lesser period.
(3) _ In case of 2 housing scheme approved prior to the enforcement
of these rules, the Authority may, on a written request of sponsor, allow
extension for maximum of two years, irrespective of the time lapsed, on
payment of the sum of rupees ten thousand per kanal per annum for the
total area of the scheme but no further extension shall be allowed.
51. Release of mortgaged plots.- The Authority shall release the
mortgaged plots in proportion to development works consisting of:
(a) water supply sewerage and drainage;
(b) roads work;
(c) _ electricity and street lights;
(d) sui gas (if evailable);and
(e) horticulture and solid waste on obtaining field reports from the
Agency which approved design and specifications about the
satisfactory completion of work or full payment of charges to the
agency or department concerning electricity and to Sui Northern
Gas Pipeline Company, as follows:
(i) on completion of 25% of the development works, up to
24% of the mortgaged plots shall be released;
(il) further mortgaged plots shall be released in proportion to
every stage of 10% completion of works;
(ili) four percent of mortgaged plots shall be attached with the
management and maintenance of the housing scheme;
and
(iv) after completion of development works, on submission of
a written request for the maintenance of housing scheme
by the sponsor or handing over of the housing scheme to
the association of the residents of the housing scheme,
the remaining 4% plots shall be released.
52. Release of bank guarantee.-The Authority shall allow a sponsor to
reduce the bank guarantee in proportion to development works consisting
oft
(a) water supply sewerage and drainage;
(b) roads work;
(©) electri
ity and street lights;
(d) sui gas (if available); 2B
(e) horticulture and solid waste on obtaining field report from an
agency, whch approved design and specifications about the
satisfactory completion of work or full payment of charges to the
agency or department and to Sui Northern Gas Pipeline
Company, as follows:
(i) on completion of 25% of the development works, 24% of
bank guarantee shall be reduced to the sponsor;
Gi) on completion of 50% of the works, further 24% of the
bank guarantee shall be reduced to the sponsor;
(ii) on completion of 75% of the works, further 24% of the
bank guarantee shall be reduced to the sponsor;
(iv) on completion of the entire development works further
24% bank guarantee shall be reduced to the sponsor; and
(v) after completion of development works, on submission of
a written request by the sponsor for the maintenance of
housing scheme or handing over the housing scheme to
the association of the residents of the housing scheme,
the remaining 4% bank guarantee shall be reduced.
53. Default and action.—(1) The Authority besides any other action, shall
impose the fine mentioned at rule 36 on the Sponsor if he continues to
develop the housing scneme without approval of lay-out plan or if he fails to
develop the housing scheme within the stipulated period.
(2) In addition to the above, the Authority may take over the
development works of the scheme and execute the development works from
the sale proceeds of mortgaged plots or encashment of bank guarantee.
(3) If the cost of development is more than the proceeds as
mentioned in sub-rule (2), the Authority may recover the extra amount from
the sponsor as arrears of land revenue.
54, Management of housing scheme.~(1) After the development works
are completed and plots are handed over to allottees, the sponsor of the
scheme shall submit an undertaking to the Authority that he shall remain
responsible for the managernent and maintenance of the housing scheme.
(2) Incase the sponsor is not willing to continue to undertake the
management and maintenance of the housing scheme, the sponsor shall, in
writing, hand over the management and maintenance of the housing
scheme to the association of the owners of plots in the scheme,
incorporated under any law, and such Association shall be responsible for
the management and maintenance of the housing scheme, including water
supply, sewerage, drainage, street lights, electricity, parks, roads, solid
waste and graveyard till such time that these services are taken over by the
Government or its agency. 24
(3)
The sponsor, or as the case may be, the Association:
(a)
(b)
(c)
shall make appropriate security arrangements;
shall manage the buildings of common use such as
mosques and clubs; and
may raise fee or dues to disburse the expense incurred on
the maintenance and management of the housing scheme. 5
CHAPTER X
MISCELLANEOUS
55. Appeal: (1)Any person aggrieved by an action taken under these
rules, may, within thirty days, file an appeal before the Government.
(2) An appeal under these rules shall consist of an application signed
by the aggrieved person and shall include a copy of the national identity
card of the aggrieved person, a copy of the impugned notification or order
and any other document relevant to the appeal.
(3) The Government shall decide the appeal within sixty days and
communicate its decision to the parties.
56. Relaxation of rules.— No provision of these rules shall be relaxed for
any reasons whatsoever.
57. Saving.- (1)The provisions of the Punjab Private Housing Scheme
and Land Sub-division Rules 2010 shall not be applicable to Lahore Division,
and no other Authority, except Lahore Development Authority, shall have
the jurisdiction to deal with the Private Housing Schemes, Farm Housing
Scheme and Land Sub-Divisions in the Area as defined in the Lahore
Development Authority Act, 1975.
(2) The cases pending before any authority, on the commencement
of these rules, shall be transferred to the Authority for proceeding further in
the matter in accordance with these rules.
Ween
SECRETARY,
GOVERNMENT OF THE PUNJAB
HOUSING URBAN DEVELOPMENT & PUBLIC.
HEALTH ENGINEERING DEPARTMENT
No. & Date Even:
1. The Commissioner, Lahore Division, Lahore.
2. The District Co-ordination Officers, Lahore, Kasur,
eikhupura & Nankana Sahib.
