86 - 03!03!2006, Rev - Common Building Rules 2006

Download as pdf or txt
Download as pdf or txt
You are on page 1of 30

GOVERNMENT OF ANDHRA PRADESH

ABSTRACT
Municipal Administration and Urban Development Department – Revised Common Building
Rules, 2006 – Comprehensive Government Orders – Issued
MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT (M) DEPARTMENT
G.O.Ms.No. 86, Dated the 3rd March, 2006.
GOMs.No.171 Dated the 19th April, 2006
GOMs.No.623 Dated the 1st Dec’2006
Read the following :
1. G.O.Ms.No.423 M.A. & U.D. Department, dated 31.07.1998
2. Government Memo No.19048/M1/2004-4 M.A., dated15.12.2005.
3. A.P.Extra Ordinary Gazette No.4, dated 22.01.2005.
- o0o --
O R D E R:
In the reference 1st read above, Government have issued Comprehensive Building
Rules which are applicable to Municipal Corporations, Municipalities and areas covered by
Urban Development authorities. Since then these Building Rules have governed building
activities in urban areas.
2. It has been brought to the notice of the Government that the above building
stipulations are cumbersome with too many parameters for regulating and controlling
developments and building activities and there is a need for simplifying the building
stipulations by stipulating minimal parameters. Further due to changes in building
technologies, massive and rapid urbanization, escalating land prices, and certain
shortcomings experienced relating to the existing building stipulations Government have
decided to review the building stipulations and come out with comprehensive building rules
thereby, making the building stipulations clear, easy to comprehend, user-friendly, promoting
various types of development and building activities, besides giving design freedom and
choice with optimum usage of land on one hand, and reducing the trend of violations and
unauthorized constructions on the other, without compromising on the community good.
3. Initially a draft was prepared in consultation with experts from various fields and the
same was notified in the Andhra Pradesh Extraordinary Gazette No. 4, dated 22.01.2005 for
inviting public objections and suggestions. A number of objections and suggestions were
received from individuals, professionals Municipalities, Municipal Corporations, Urban
Development authorities and other Departments. Further discussions and deliberations
were held at various levels involving various groups like builders, developers, architects,
engineers, town planners, representatives of Urban Development Authorities and local
bodies, public representatives, academicians, officials and general public, and have received
many suggestions and comments on the said draft building rules. After careful examination
of all the objections and suggestions received, Government have come to the conclusion to
further rationalise the standards of Building requirements for different types of buildings,
uses & occupancies in the Municipal Corporation of Hyderabad, and Hyderabad Urban
Development Authority, Hyderabad Airport Development Authority, Cyberabad Development
Authority and Buddha Purnima Project Authority so as to have uniform application of the
rules relating to regulation of building construction, etc. in the above areas. Therefore in
supersession of the Rules issued vide G.O.Ms.No.423 M.A., dated 31-7-1998 and the
Municipal Corporation of Hyderabad Building By-laws 1981 to the extent specified in these
Rules Government hereby issue the following Notification and the same will be published in
Andhra Pradesh Extraordinary Gazette dated 04.03.2006.
4. A copy of this Order is available on the Internet and can be accessed at the address
http://apts.gov.in/apgos.

-1-
NOTIFICATION
In exercise of the powers conferred under Section 585 read with 592 of the
Hyderabad Municipal Corporation Act, 1955 and proviso under Sub Section (1) read with
sub section (2) of Section 14,32,46 and 58 of the Andhra Pradesh Urban Areas
(Development) Act,1975 , the Government of Andhra Pradesh hereby issue the following
rules applicable to Municipal Corporation of Hyderabad and other areas covered by Urban
Development Authorities, viz. Hyderabad Urban Development Authority, Hyderabad Airport
Development Authority, Cyberabad Development Authority and Buddha Purnima Project
Authority, as appended to this Notification. Any inconsistency or contradiction or conflict
that may arise in the said existing rules / by-laws / regulations, etc. such inconsistency /
contradiction or inconsistency shall stand modified and to that extent, the provisions in these
rules shall apply.
APPENDIX
1. Short Title, Applicability & Commencement:
a) These Rules may be called Hyderabad Revised Building Rules, 2006
b) These rules shall be applicable to Municipal Corporation of Hyderabad area, rest
of Hyderabad Urban Development Authority area, Hyderabad Airport
Development Authority area, Cyberabad Development Authority area and
Buddha Purnima Project Authority area and shall come into force from the date of
publication of the Notification in the Andhra Pradesh Gazette.
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.

2. Definitions:
(i) ‘Competent Authority’ means:
(a) the Vice Chairman of the Hyderabad Urban Development Authority /
Hyderabad Airport Development Authority / Cyberabad Development
Authority/ Buddha Purnima Project Development Authority in the case of
areas outside Municipal Corporation of Hyderabad area,
(b) the Commissioner, in the case of Municipal Corporation of Hyderabad area.
(ii) Enforcement Authority means the Commissioner of the Municipal Corporation
of Hyderabad, the Commissioner of the Municipality or the Executive Authority of
the Gram Panchayat in case of areas outside the municipal areas of the
Development Authority or a Special Unit created for the purpose of sanctioning
and monitoring building and development activity.
(iii) Parking Complex/Parking Lot means a premises either built or open which is
utilized purely for parking of vehicles and where parking fees is collected by the
owner and permitted in specific areas. The minimum site shall be 300 square
meters.
(iv) 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 or in road widening or covered
in recreational use zone, etc.. The award would be in the form of a TDR
Certificate issued by the Competent Authority.
(v) 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-

-2-
High Rise building. Buildings less than 18 m including stilt floor/parking floor
stand excluded from the definition of high-rise buildings.
(vi) 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.

(vii) ‘Sanctioning Authority’ means the Commissioner of the Municipal Corporation


of Hyderabad, the Commissioner of the Municipality or the Executive Authority of
the Gram Panchayat in case of areas outside the municipal area of the Urban
Development Authority or a Special Unit created for the purpose of sanctioning
and monitoring building and development activity.
Terms and expressions which are not defined in these Rules shall have the same
meaning as in the respective rules / 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. Restriction on Minimum Building Plot Size along abutting roads in new


developments and layouts:
There shall be restriction on the minimum building plot size along the abutting roads
in all new developments areas and layouts.
TABLE I
Abutting road Minimum plot size Max. Plot size
Right-of-way (in Mts.) allowed (in sq. m) allowed (in sq m)
9 and below 12.2 100 2000
12.2 and below 18 200 No Restriction
18 and below 30 500 No Restriction
30 and above 1000 No Restriction

• • Road Right-of-way means the total land width reserved for the road in the layout
/ Master Plan / Development Plan / Development Scheme whether the road is
developed/formed or otherwise and includes the service road, if any, to be provided.

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

No site or parcel of land shall be used for building activity unless it has a clear and
established approach road of minimum 9 m Black topped Road is provided by the
developer/builder/owner at his own cost or deposits the necessary cost for laying of
the road by the sanctioning authority.

4.2 Access conditions & Requirements for plots/sites abutting Ring roads /
Highways / Bypass Roads of 30 m and above identified in the Master Plan /
Zonal Development Plan:
In addition to the requirement of confirmation to the minimum plot size along the
abutting roads, height and other requirements stipulated in the se rules, buildings
abutting major roads of 30 M and above width shall be permitted only after black
topped service road of 7 M width with two-lane carriageway is provided to the extent
of the building in question within 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 Sanctioned Authority.

-3-
4.3 The money so levied and collected under Rule 4.1 and 4.2 above shall be maintained
in a separate exclusive account by the sanctioning authority and utilised only for this
purpose.
5. Restrictions of building activity in vicinity of certain areas:
(a) 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.
(b) 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;
(ii) 9 meters from the boundaries of Canal, Vagu, etc.
(iii) 2 meters from the defined boundary of Nala
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.
(c) Unless and otherwise specified in the Master Plan / Zonal Development Plan,
• the space to be left in and around the Canal / Vagu (including the actual
Canal / Vagu 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.
• In case of (b) (i) 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.
• The above greenery/landscaping and development shall conform to the
guidelines and provisions of the National Building Code of India,2005.
(d) 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.
(e) 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.
(f) In case of sites in the vicinity of oil/gas pipelines, clearance distance and
other stipulations of the respective authority shall be complied with.
(g) In case of Banjara Hills-Jubilee Hills area covered by Block 1 & 2 , and part of
Block No. 3 of ward no. 8, Municipal Corporation of Hyderabad area, the
building restrictions imposed vide G.O.Ms.No.601 MA dated 5–11-1988 read
with G.O.Ms.No.423 M.A., dated 31-7-1998 would be applicable. The
setbacks and parking requirements shall be as per these rules in such areas.

-4-
(h) For areas covered under G.O.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.

6. REQUIREMENTS OF APPROACH ROAD FOR BUILDING SITES / PLOTS:


TABLE II
Minimum abutting
Type/ Use of Building plot permissible road width required
(in meters)
A) SITES IN OLD/EXISTING BUILT-UP AREAS/CONGESTED
AREAS/SETTLEMENT (GRAM KHANTAM/ABADI) (as
listed in Category I of Annexure I)
6*
• Residential Buildings – maximum permissible upto 10m
height
• Non-residential buildings and mixed occupancies –
maximum permissible up to 12 m height
9*
In Category II Areas of Annexure I
• Residential Buildings – maximum permissible up to 15 m
height
• Non-residential buildings and mixed occupancies –
maximum permissible below 18 m height

Minimum abutting
Type/ Use of Building plot permissible road width required
(in meters)
B) SITES IN NEW AREAS/ APPROVED LAYOUT AREAS
The type of buildings & intensity of development shall be
w.r.t. the abutting road width, viz.,
B1 Non-High Rise Residential Buildings including Apartment 9*
Complexes; Buildings with shopping on GF and
residences on upper floor; Basic level social amenities like
Nursery School / Religious Place / Public Health Center /
Dispensary / Diagnostic Laboratory/ Police outpost/Post
Office/ Neighbourhood Library cum Community Center
and all buildings up to 15 m height
B 2 In addition to B 1 above, High Rise Building/ Complex of
12.2
height above 18 m and up to 24 m; Group Housing
Scheme; Primary School, Middle school / Tutorial
institution / General Industry / Godown / Petrol/diesel
Filling station; High School, Junior College / Commercial
Complex, Computer units/ Office Building, ITES Complex,
Nursing Home / 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 18 m height

-5-
B3 In addition to B 1 & B 2 above, High Rise buildings above 18
24 m and up to 30 m height; General Degree and other
non-professional College / Polytechnic, ITI; Professional
College Campus; Multiplex Complexes, Shopping Malls,
Hospitals and all non high-rise buildings up to 18 m height
B4 In addition to B 1 to B 3 above, High Rise Buildings above 24 and above
30 m height
* Provided in case of single plot sub-division approved by the sanctioning authority, a
means of access of minimum 3.6 m pathway may be considered for individual residential
building and 6m for Apartment Complexes / Commercial Complexes and other non-high
rise buildings.
(i) In case of (A) above, where the existing road is less than 6 m, building in the
site would be allowed after setting back the building 4.5 m from the center line of
such existing road.
(ii) In case of existing buildings approved prior to these Rules, further additions of
floors on the earlier permitted building may be considered either as per these
rules or the then rules in force in respect of setbacks, whichever is the applicant
opts for. This will not apply for building extensions or redevelopment ventures in
such sites.
(iii) Building line is from the edge of the Road Right-of-way (whether existing or
proposed)

iv) In case of existing areas not covered in Annexure – I and sites not covered
in road widening, building approvals in interstitial sites may be considered by the
sanctioning authority with reasons to be recorded in writing and with the following
height restriction:

Residential Buildings – Maximum permissible upto 10mts. height.

Non-Residential buildings and mixed occupancies – maximum permissible upto


12mts. height.

And after setting back the building 4.5mts. from the center line of such existing
road / lane, the minimum setbacks on remaining sides shall be as per Table – III.

7.0 PERMISSIBLE HEIGHT & SETBACK REQUIREMENTS:


There are no plot size stipulations based on use or occupancy of the building. The
setbacks and height stipulations given hereunder are applicable for all types of
buildings.

7.1 MINIMUM SETBACKS & HEIGHT STIPULATIONS FOR ALL TYPES OF NON-
HIGH RISE BUILDINGS
(BUILDINGS BELOW 18 m height inclusive of stilt / parking floor):
(i) The height of buildings permissible in a given site/plot shall be subject to
restrictions given in Annexures I to III.
(ii) There are no specific Floor Area Ratio and plot coverage stipulations. The
permissible coverage would be as per the minimum setbacks to be left within the
given site. The minimum setbacks and permissible height would be as per Table
III below.

-6-
TABLE – III
PERMISSIBLE HEIGHT & SETBACKS FOR NON-HIGH RISE BUILDINGS

Building line or minimum front setback


(in mt.) to be left
Minimum
Abov Abov Abov
Height setbacks on
Sl. Plot Size Parking e e e
permissible (in Up remaining
No. (in Sq.mts.) provision 12m 18m 24m Above
mts.) to sides
& & & 30m
12m (in mts.)
upto upto upto
18m 18m 30m
1 2 3 4 5 6 7 8 9 10
1 Less than - 7 1.5 4 5 6 7.5 -
100
2 100 & upto - 10 3 4 5 6 7.5 1.0
200
3 Above 200 Stilt parking Upto 7 3 4 5 6 7.5 1.0
& upto 300 floor allowed
Upto 10 3 4 5 6 7.5 1.5
4 Above 300 Stilt parking Upto 7 3 4 5 6 7.5 1.5
& Upto 400 floor allowed
Upto 12 3 4 5 6 7.5 2.0
5 Above 400 Stilt parking Upto 7 3 4 5 6 7.5 2.0
& upto 500 floor allowed
Upto 12 3 4 5 6 7.5 2.5
6 Above 500 Stilt parking Upto 7 3 4 5 6 7.5 2.5
& upto 750 floor allowed
Upto 12 3 4 5 6 7.5 3.0
Below 15 3 4 5 6 7.5 3.5
7 Above 750 Stilt parking + Upto 7 3 4 5 6 7.5 3.0
& upto One cellar
Upto 12 3 4 5 6 7.5 3.5
1000 floor allowed
Below 15 3 4 5 6 7.5 4.0
8 Above 1000 Stilt Parking + Upto 7 3 4 5 6 7.5 3.5
& upto 2 Cellar floors
Upto 12 3 4 5 6 7.5 4
1500 allowed
Below 15 3 4 5 6 7.5 5
Below 18* 3 4 5 6 7.5 6
9 Above 1500 Stilt parking + Upto 7 3 4 5 6 7.5 4.0
& upto 2 Cellar floors
Below 15 3 4 5 6 7.5 5.0
2500 allowed
Below 18* 3 4 5 6 7.5 6.0
10 Above 2500 Stilt parking + Upto 7 3 4 5 6 7.5 5.0
2 or more
Below 15 3 4 5 6 7.5 6.0
Cellar floors
allowed Below 18* 3 4 5 6 7.5 7.0

Subject to the following conditions:

a) Buildings of height above 15mts. and above 18m. in Sl.Nos.8, 9 and 10 above, shall
be permitted only in such plots about roads of 12mt. minimum (40ft) width.

b) Stilt parking floor permissible is exclusive of height of building upto 15mts. height of
stilt floor shall not exceed 3.0mt. In case of parking floors where mechanical system
and lift are provided, height of such parking floor upto 4.0mt. could be considered.

c) Wherever cellars are permissible, these are excluded from height of Building.

-7-
d) No Balcony projection shall be allowed to extend on to the minimum setbacks. These
if provided, shall be within minimum setback required to be left. However, a portico
without access to the top may be considered in the front open space.

e) In case of Sl.Nos. 4 to 10 of above Table, 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.

f) As per the provisions of the A.P. Fire Service Act, 1999, Commercial buildings of
height 15mts. and above, and buildings of public congregation like schools, Cinema
theatres, function halls and other assembly buildings on plot area of 500Sq.mts. and
above or of height above 6mts. are required to obtain prior clearance from Fire
Department from fire safety point of view.

g) For the purpose of these Rules, the following conversion from M.K.S. and F.P.S. system
shall be reckoned:

(i) 3m – 10ft (ii) 6m = 20ft (iii) 7.5m = 25ft (iv) 9m = 30ft


(v) 12m = 40ft (vi) 15m = 50ft (vii) 18m = 60ft(viii) 24m = 80ft
(ix) 30m = 100ft (x) 45m = 150ft (xi) 6m = 200ft.

(iii) The setbacks are to be left after leaving the affected area of the plot/site, if any,
for road widening. In respect of owners who surrender land affected in road
widening free of cost under G.O.Ms.No.483, M.A. Dt:24.8.98 would be eligible for
concessions in setbacks other than in front setbacks.
(iv) Building line is from the edge of the Road Right-of-way (whether existing or
proposed).
(v) 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 9.0 sq m and no side shall be less than 1.5m. in case of
buildings of height upto 12m and in case of buildings of height above 12m. no
side shall less than 2 m.
(vi) A strip of at least 1.0 m greenary/lawn along the frontage of the site within the
front setback shall be compulsorily developed and maintained with greenery.
(vii) For plots above 200 sq.m in addition to (vi) above, a minimum 1 m wide
continuous green planting stip in the periphery on remaining sides are required to
be developed and maintained within the setback.
(viii) For all residential/institutional/industrial plots above 750 sq m, in addition to (vi)
and (vii) above, 5 % of the site area has to be developed as tot-lot/landscaped
area and trees planted and maintained. Such organized open space could be in
more than one location and shall be of a minimum width of 3.0mts.

(ix) To enhance the streetscape in respect of 18 m and above roads, no front


compound wall is recommended along the front setback. Only iron grill or low
height green hedge and / or with sloping type planters is recommended along
such roads.
(x) In all plots 750 sq m and above, provision shall be made for earmarking an area
of 3m X 3m for the purpose of siting of public utilities like distribution transformer,
etc. within the owner’s site subject to mandated public safety requirements.

-8-
(xi) If the above greenery mentioned at (iv) to (vii) above and Rule 9.9 is not
maintained, 10% of additional Property tax every year would be imposed as
penalty by the sanctioning authority till the condition is fulfilled.
(xii) In case of plots 300 sq m and upto 750 sq m, it is permitted to transfer up to one
metre of setback from one side to the other side, and in case of plots above 750
sq m, it is permitted to transfer up to 2 m of setback, which needs to be uniform at
any given point, subject to maintaining of minimum building line in the front.
(xiii) In case of corner plots, the front setback shall be as per the building line for the
respective abutting road width.
(xiv) For narrow plots, Where the length 4 times the width of the plot the setbacks on
sides may be compensated in front and rear setbacks so as to ensure that the
overall aggregate setbacks are maintained in the site, subject to maintaining a
minimum of 1m on each side.
(xv) The space between 2 blocks shall be as given Table-V.
(xvi) The height of the building will be calculated after excluding the parking floors for
the purpose of computation of minimum setbacks to be left.
(xvii) 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

7.2 OTHER REQUIREMENTS FOR BUILDINGS ABOVE 10 M HEIGHT

a. PROVISION OF JOINT OPEN SPACE IN CERTAIN CASES

With a view to facilitating fire and emergency operations in a building site and
adjoining sites, the Fire Service Department, in addition to the minimum setbacks to
be left, may insist on the owner for providing Joint Open Space between the
proposed site and adjoining sites for mutual use during fire and emergencies. The
Joint open space shall be reckoned from building edge to building edge (inclusive of
any type of projections). Such Joint open space shall not be less than 6mt. in
respect of non- high rise buildings and not less than 9mt. in respect of high-rise
buildings.

Such Joint open space shall be kept unobstructed and open to sky and no
permanent compound wall of masonry or civil construction would be allowed. The
compound wall, if any, shall be of fencing type or collapsible type. The greenery and
landscaping shall be of soft type with lawns, grass, creepers and climbers and shrubs
variety of plants and mountable in cases of emergencies. The Joint open spaces
shall be maintained to the satisfaction of the Fire Service Department.

Clearance would be considered only after the Builder / Developer / Owners provide
an undertaking to this effect”.
(i) The building requirements and standards other than heights and setbacks specified
in the National Building Code of India, 2005 shall be complied with.
(ii) Such buildings shall be undertaken by owners by engaging registered architects/
licenced builders/developers and licenced structural engineers. The designs and
building plans shall be countersigned by the owner, licenced developer,

-9-
registered architect, licenced engineer and a qualified & licenced structural
Engineer who shall be responsible for the supervision, structural safety,
earthquake safety, fire safety and specifications compliance of such buildings.
Buildings shall be designed for compliance with earth quake resistance and
resisting other natural hazards. The Completion Certificate shall contain 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.
(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) The applicant / builder / developer may provide (optional) for solar water heating
system in the building and solar lighting in the site for outdoor lighting within the
site, [etc. and give a bank guarantee to this effect to the sanctioning authority for
compliance of the same].
(vi) All Public and semi-public buildings with covered area above 300 sq m shall be
designed and constructed to provide facilities to the physically handicapped
persons as prescribed in the National Building Code of India,2005.
(vii) In all buildings irrespective of above height provisions, 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,2005.

8. ENCOURAGEMENT FOR BUILDINGS WITH CENTRAL COURTYARDS:


As an encouragement for developing ‘U’ type buildings with central courtyards, the
setbacks of sides and rear, except the front setback, can be reduced provided:
(a) the area so saved is transferred to the central area/space or court yard;
(b) the minimum open space on sides and rear except front, shall be 1.5 m for
normal buildings, & 6 m in case of high rise buildings up to 21 m height and
7 m in respect of buildings 21m – 30 m height. Such high rise buildings
need to obtain prior clearance from the Fire Services Department;
(c) the depth of such courtyard shall be at least 50% of the average building
depth.
9 REQUIREMENTS FOR HIGH RISE BUILDINGS:
9.1 High Rise buildings / Complexes shall be permissible only in areas other than
those given in Annexure I and II. High Rise buildings shall not be allowed in
Congested areas/existing areas and settlement areas/ Abadi /Gram khantam
areas.
9.2 The minimum size of plot for High Rise building shall be 2000 sq. m. For
buildings in the Skyscraper zone. High Rise Buildings between 18mt. to 36mts.
height shall not be permitted. Normal Buildings below 18mts. height would
however be allowed. “In respect of site proposed for high rise buildings and
affected in road widening where there is shortfall of the net plot size, upto 10% of
such shortfall in net plot area would be considered with the proposed height and
corresponding minimum all round setbacks”.

- 10 -
9.3 The building bulk, coverage and height shall be governed by the minimum lround
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 City-level Impact fee on built up
area required to be paid, as applicable.
9.4 Prior Clearance From Airport Authority:
For any High Rise building located in 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. Interstitial sites in the area which are away from the direction
of the Airport Funnel zone and already permitted with heights cleared by the
Airport Authority, shall be permitted without referring such cases to the Airport
Authority.
9.5 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 detail plans floor plans of all floors along with complete set of
structural drawings and detail specifications duly certified by a qualified structural
engineer. Necessary prior NOC shall be submitted from the Airport Authority (if
applicable) and Directorate of Fire services, along with the application.
9.6 The minimum abutting road width and all round open space for High rise Building
/ Complex shall be as follows:
TABLE – IV
Minimum alround
Minimum abutting
open space on
Height of building road width required
remaining sides
( in metres)
(in metres) *
(1) (2) (3)
Up to 21 mt. 12.2 7
Above 21 mt. & upto 24 mt 12.2 8
Above 24 m & up to 27 m 18 9
Above 27 m & upto 30 m 18 10
Above 30 m & up to 35 m 24 11
Above 35 m & upto 40 m 24 12
Above 40 m & up to 45 m 24 13
Above 45 m & upto 50 m 30 14
Above 50 m 30 16

The front open space shall be on the basis on the abutting road width and shall be
either as given in shall be either as given in Col. 3 of above Table IV or the Building
line given Table III whichever is more.
(i) The abutting road has to be black-topped with minimum 2 –lane
carriageway. Service roads where required as per these Rules shall be
minimum 7 m wide with minimum 2-lane black topped carriageway.
(ii) For upper floors from 2nd floor onwards, the balcony projection of up to
2 m may be allowed projecting onto the open spaces.
(iii) The open space to be left between two blocks shall be equivalent to the
open space mentioned in Column (3) of above Table IV.
(iv) In case of high rise buildings upto 30 m height, it is permitted to transfer
upto two metres of setback from one side to the other side, which needs

- 11 -
to be uniform at any given point, subject to maintaining of minimum
setback of 7 m on all sides.
(v) 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 25 sq m and no side shall be
less than 3 m.

9.7 TOWER AND PODIUM TYPE HIGH RISE STRUCTURE UPTO 50 M may be
allowed with the following:
(a) For podium, i.e., Ground plus first floor: alround setbacks shall be 7 m alround
(b) For the 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,
(c) the fire safety and fire escape measures for the Tower Block shall be
independent of the Podium Block.

9.8 “STEPPED TYPE” OR “PYRAMIDAL TYPE” HIGH RISE STRUCTURE


Such type of high rise building blocks may be allowed for heights above 30 m
with the following open space requirements:
(a) At ground level: Minimum 9m. all round open
space for the first five floors”

(b) At upper floors : increase of 1 m all round open space or more, for
every 5 upper floors or 15 m height or part
thereof, over and above the ground level open
space of minimum 8 m.

9.9 (a) In every high rise building site, an organised open space shall be utilised as
greenery, tot lot or soft landscaping, etc. shall be provided over and above
the mandatory open spaces to be left in and around the building. This space
shall be at least 10% of total site area and shall be a minimum width of 3mts.
This may be in one or more pockets.

(b) In addition to the above, a minimum 2 m wide green planting strip in the
periphery on all sides within the setbacks are required to be developed and
maintained in all high rise building sites.
9.10 COMPLIANCE OF NATIONAL BUILDING CODE PROVISIONS FOR
AMENITIES AND FACILITIES IN ALL HIGH RISE BUILDINGS
(i) The building requirements and standards other than heights and setbacks
specified in the National Building Code, 2005 shall be complied with.
(ii) Such buildings shall be undertaken by owners by engaging registered architect,
licenced builders/developers and licenced structural engineers. The designs
and building plans shall be countersigned by the owner, licenced developer,
registered architect, licenced engineer and a qualified & licenced structural
Engineer and a fire engineer / fire consultant. who shall be responsible for the
supervision, structural safety, fire safety and specifications compliance of such
buildings. Buildings shall be designed for compliance with earth quake
resistance and resisting other natural hazards. The Completion Certificate shall

- 12 -
contain 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.
(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) 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 authorised Service technical personnel from time to time.
(v) Provision for power generator shall be made in such buildings.
(vi) 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.
(vii) The facilities for providing fire protection and fire fighting facilities in such
buildings should be in compliance with the stipulations laid down and clearance
issued by the Fire Department from time to time. NOC from the Fire
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.
(viii) 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.
(ix) Provide for solar water heating system in the building and solar lighting in the
site for outdoor lighting, etc. and give a bank guarantee to this effect to the
sanctioning authority for compliance of the same.
(x) All Public and semi-public buildings shall be designed and constructed to
provide facilities to the physically handicapped persons as prescribed in the
National Building Code of India.
(xi) In all high rise 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.
10. REQUIREMENTS OF GROUP DEVELOPMENT, GROUP HOUSING/ CLUSTER
HOUSING/ RESIDENTIAL ENCLAVES AND ROW HOUSING SCHEMES:
10.1 Such developments shall be considered where the site is developed together
with building constructions and all amenities and facilities and not disposed as open
plots.
10.2 All Group Development Schemes, Group Housing Scheme / Cluster Housing
Scheme applications shall in addition to the requirements under these Rules, be
accompanied by:
a. 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.
b. A landscaping plan including rain water harvesting/ water recycling
details.

- 13 -
c. Parking & internal Circulation Plan along with Common pool parking
area plan, if any.
The above shall be drawn on suitable scale with relevant details.
10.3 The minimum plot size for Group Housing Schemes and Group development
Schemes shall be 4000 sq m and the minimum abutting road width shall be 12.2 m
wide and black topped.
10.4 In case of housing in large plots or blocks, 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 12.2 m which should be implemented by the licenced
developer within a period of three years. Any road widening required shall be
deemed to be approved under these Rules and has to be adhered to by the owners /
local body / licenced developer.
10.5 All Group Housing Schemes/ Group Development Schemes/ Cluster housing /
Residential Enclaves and row type development schemes shall be developed with
complete infrastructure facilities and amenities as stated at (a) and (b) above.
10.6 These shall not be applicable in case of Government sponsored Housing Scheme/
approved 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.
10.7 GROUP DEVELOPMENT SCHEMES & GROUP HOUSING SCHEMES
Group Housing Schemes are reckoned as Apartment blocks in two or more blocks.
These could be high-rise or simple walk-up units. Group Development Schemes are
reckoned as Building in two or more blocks in a campus or site, and could be normal
height buildings or high-rise blocks or combination of both.
(a) The open spaces/setbacks for such type of development shall be as follows:

TABLE V
Height of building Distance to be Distance between two
maintained from blocks
block periphery building
block
Upto 10 mts. 3 mts. 2 mts.
Above 10 mts. & upto 12 mts. 4 mts. 3 mts.
Above 12 mts. & below 18 6 mts. 6 mts.
mts.
Above 18 mts. As per alround set-backs required under High Rise
Buildings given inTable IV

and subject to the following conditions:

a. Stilt parking floor permissible is exclusive of height of building below 15 mts. Height
of stilt floor shall not exceed 3.0 mts.

b. Wherever Cellars are permissible these are excluded from height of Building.

c. No Balcony Projection shall be allowed to extend onto the minimum distances to be


maintained & other open spaces..

b) Common amenities and facilities like shopping center, community hall or


center / club house etc. are required to be provided in up to 5 % of the area

- 14 -
and shall be planned and developed in cases where the units are above 50
100 in number and not be part of the residential blocks.
c) A through public access road of 9 m width with 2-lane black-topped is to be
developed 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.
d) In case of blocks up to 12 m 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 as per standards.
e) 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 open spaces. This space may be in
one or more pockets.

10.8 ROW TYPE HOUSING / ROW TYPE SHOPPING PRECINCTS:


a) Minimum site area : 1000 sq m
b) Minimum size of individual plots for row houses / Row shops: 50 sq m.
Not more than 8 plots shall be developed in a row.
Separation between two blocks shall not be less than 6 mt, which may be
an open space or an alley/pedestrian plaza.
Only internal staircase would be allowed.
c) Minimum width of internal roads: 9 m ;
Internal cul-de-sac road 6m with max. length 50 mt. is allowed
d) Minimum open space : 10 % of site area
e) Height permissible: 2 floors or 6 m for plots up to 125 sq m
Ground + 2 floors for plots above 125 sq m for row houses
f) Minimum setbacks: Front 3m ; Rear 1.5 m
The setbacks in a row can be interchangeable.
In case of row type shopping precincts, back to back shops with above front
setback of 3m would be allowed.
g) 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 5 % of the area.
h) In case of Row Type Shopping Precincts, common basement parking in one
or more levels would be permissible subject to conditions mentioned in Rule
(11).

10.9 CLUSTER HOUSING


(a) Minimum site area: 1000 sq m
(b) minimum plot size for cluster house: 25 sq m with maximum number of 20
houses in a cluster
(a) Minimum size of cluster open space: 36 sq m with a minimum width of 6m

- 15 -
(b) Height permissible: 2 floors or 6 m
(c) Minimum access road to the Cluster Housing Complex: 9 m
Internal access may be through pedestrian paths of 6 m
(d) Minimum space between two clusters: 6m which may be utilised as
pathway/alley
(e) 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, setback shall be as per the Building line given in Table III.
10.10 RESIDENTIAL ENCLAVES:
(a) These would be allowed as gated development that are exclusive housing
areas with common compound wall with access control through gates and
having their own facilities and amenities. The housing units may comprise of
row houses, semi-detached, detached or Apartment blocks or a mix or
combination of the above. The building requirements would be as per the
given type of housing.
(b) Residential enclaves would be permitted only in those sites that give through
access of minimum 9 m peripheral road for the neighbouring 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 size of site: 4000 sq m.
(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.
(f) Building setbacks: As per type of housing & requirements given above for
the said type of housing and as per Table III. Semi-detached buildings may
also be allowed. The height of such buildings shall not exceed 10 mts. The
set-backs shall be as per Table III.
(g) Internal Road requirements:
• 9.0 to 18 m for main internal approach roads;
• 9 m for other internal roads and
• 8 m for cul-de-sacs roads between 50-100 m length
• 9 m for looped roads

11. PARKING REQUIREMENTS:


11.1 In all Complexes including Residential Complexes, Hotels, restaurants and
Lodges, business buildings, commercial buildings, Institutional buildings like
hospitals, Educational buildings like schools and colleges, multi-storied
buildings/Complexes, etc and all other non-residential activities provision shall
be made for parking spaces as per the following requirements:

- 16 -
TABLE VI

Parking area to be provided as


percentage of total built up area
Category of building/activity In Municipalities and rest
In MCH Area of Development
Authorities areas
Shopping Malls with Multiplexes, Multiplex Complexes,
Information Technology Enabling Services Complexes 60 % 50 %

Hotels, restaurants, lodges, Cinema halls, business


buildings, other commercial buildings, Kalyana 40% 30 %
Mandapams, Offices, & high-rise buildings / Complexes
Residential Apartment Complexes, Hospitals,
Institutional buildings, Industrial buildings, Schools, 30 % 20 %
Colleges & other educational buildings
Godowns & Others 20 % 20 %

11.2 The parking spaces may be provided in (for all Schemes) :


(a) basements or cellars (one or more)/multi-level (allowed for plots 750 sq m
and above only); or
(b) on stilt floor or in upper parking floors (at any level)
(c) in the open space over / setbacks (except the front setback) to be left around
the building with adequate vehicular access, aisle, drives, ramps required for
maneuvering of vehicles, or
(d) common pool parking area (in the case of Group Housing
Scheme/Residential enclave/Cluster housing/Row housing schemes) or
(e) a combination of any or all the above
11.3 The other aspects for providing parking spaces are:
(i) Common and Continuous cellar parking floors between adjoining
buildings would be allowed depending upon structural safety aspects,
mutual agreement between owners, etc.
(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) Stilt floor /Cellar parking floor shall be used only for parking and not for
any habitation purpose. Misuse of the area specified for parking of
vehicles for any other use shall be summarily demolished / removed
by the Enforcement Authority.
(iv) For parking spaces in basements and upper storeys of parking floors,
at least two ramps of minimum 3.6 m width or one ramp of minimum
5.4 m width and adequate slope shall be provided. Such ramps may
be permitted in the side and rear setbacks after leaving sufficient
space for movement of fire-fighting vehicles. Access to these may also
be accomplished through provisions of mechanical lifts.
(v) Basement/cellar shall be set back at least 1.5 m from the property line.

- 17 -
(vi) Up to 10% of cellar may be utilised for utilities and non-habitation
purpose like A/C Plant room, Generator room, STP, Electrical
installations, Laundry, etc,
(vii) Space over and above 6m in front setback may be considered as off-
street parking space.
(viii) Visitors’ parking to be provided shall be 10 % of the area mentioned in
Table VI, and may be accommodated in the mandatory setbacks other
than the front setback, wherever such setbacks are more than 6m.The
Visitors’ Parking facility shall be open to all visitors.
(ix) In respect of Apartment Complexes / Building / Block, in sites up to
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.
11.4 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
sanctioning 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 /TDR would be considered by the
sanctioning authority.
(a) The setbacks for Parking Complexes shall be as follows:
front – as per building line setbacks on remaining sides – 50% of setbacks
given in Table III
(b) No fees and other charges shall be charged by the Sanctioning Authority for
the area/floors developed as Parking Complex / Parking lot;
(c) A moratorium on property tax for 5 years would be considered;
(d) For the next 5 years – Property tax shall be levied on the lowest slab of
residential category.

Such parking facility enclaves may be permitted along or off main commercial
roads, city center, close to Bus stations, Railway Stations and any public
transport system so as to encourage use of public transport, 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 by 1st April.

12. RESTRICTIONS ON PROJECTIONS ALLOWED IN MANDATORY OPEN SPACES:


Only the following Projections shall be allowed in the mandatory open spaces /
setbacks / interior open spaces:
(i) No balcony projections or corridor shall be permitted beyond the setbacks i.e.,
projecting within the mandatory open spaces in case of non-high rise buildings.

- 18 -
These, if provided for, shall be set back as per the minimum mandatory open spaces
and the setback shall be clear from the edge of the balcony or corridor.
(ii) Cornice, Chajjas / weather shades only of width not exceeding 60cm shall be
allowed in the mandatory setbacks.
(iii) In case of plots more than 300 sq m:
a. Sump, septic tank, well may be allowed in the rear and side open spaces.
These shall need to be setback at least 1.5 m from the property or boundary
line of the plot.
b. Parking sheds, generator room may be allowed in the rear and side open
spaces.
c. In the front setback only a security guard booth of 2 sqm
The height of these accessory buildings shall not be more than 2.50 m and
shall not occupy more than 1/4th of the plot width. These shall be so located
so that they do not hinder the fire safety measures and operations.

13. URBAN DESIGN AND ARCHITECTURAL CONTROL

For certain areas as well as sites abutting major roads of 30 mt and above, the
Sanctioning 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
Sanctioning Authority shall be complied with.

14. Obligations of the owner and licenced developer/builder / licenced technical


personnel to implement and develop the Master Plan/Statutory Plan circulation
network and specific land uses:
(1) Where any land or site or premises for building is affected in the statutory plan/
Master Plan road or circulation network or an road required to be widened as
per a Road Development Plan, such area so affected in the road or circulation
network shall be surrendered to the Sanctioning Authority by the owner of land.
No development permission shall be given unless this condition is complied
with.
(2) Upon surrendering such affected area the owner of the site would be entitled to
a Transferable Development Right (TDR) as given in Rule 15 below.
OR
The owner shall be allowed to construct an extra floor with an equivalent built
area for the area surrendered subject to mandated public safety requirements.
OR
The owner shall be allowed to avail relaxations as per GOMs.No.483 MA&UD
Deptt., dt:24.8.1998 (incentives to owners who surrender land affected in road
widening free of cost) and concessions in set-backs including the front set-back
(subject to ensuring a building line of 6m in respect of roads 30m and above,
3mt in respect of roads 18m and below 30mts. and 2mt. in respect of roads less
than 18mt.). The concessions shall be considered at the level of
Commissioner, MCH in respect of cases falling in MCH area, and at the level of
Vice Chairman the UDA in respect of cases falling in non-MCH area of the UDA
area.

- 19 -
15. GRANT OF TRANSFERABLE DEVELOPMENT RIGHT:
Grant of Transferable Development Right (TDR) may be considered by the Competent
Authority for the following areas subject to the owner complying with the conditions of
development above, as per the following norms:
(a) For the Master Plan road network undertaken and developed: equivalent to 100
% of built up area of such area surrendered.
(b) For conservation and development of lakes / water bodies / nalas foreshores &
Recreational buffer development with greenery, etc: equivalent to 50 % of built
up area of such recreational buffer area developed at his cost.
(c) For Heritage buildings and heritage precincts maintained with adaptive reuse:
equivalent to 50 % of built up area of such site area.

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. The TDR
Certificate would be issued by the Competent authority would be valid or utilized/
disposed only within the concerned local body area and as per guidelines and
conditions prescribed by the Competent Authority.

16. 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 / MMTS route indicated in the
Master Plan, at the rates and procedure prescribed by the Government.

17. CITY LEVEL INFRASTRUCTURE IMPACT FEES APPLICABLE IN CERTAIN


CASES:

(1) With a view to ensuring development of City Level Infrastructure facilities and levy
of Impact Fees, buildings are categorized as follows:

Type I : Buildings up to height 15 m excluding stilt parking floor

Type II : Buildings of height above 15 m (excluding stilt floor)


The City level Infrastructure Impact Fees would be levied for Buildings under
Type II above as follows:
• First 15 m or 5 floors (whichever is less): No levy of Impact fee
• For any additional floors or part thereof: at differential rates specified in
Table below:

- 20 -
Height of Building (in metres) and rate in Rs. per sq m of
Occupancy / built up area
Use Above 15 m & Above 21 m & Above 30 m & Above 50 m
up to 21 m up to 30 m up to 50 m
Municipal Corporation Area
500 750 1500 3000
Residential Other areas of UDA Area
250 500 1000 2000

Municipal Corporation Area


1000 1500 2500 5000
Commercial,
Offices, ITES Other areas of UDA Area
500 1000 2000 4000

Municipal Corporation Area


Institutional,
300 500 1000 2000
educational &
Others (except Other areas of UDA Area
Industrial sheds)
100 200 400 800

(1) In MCH and CDA area Impact Fee shall be collected as per above rates. In case
of HADA area 50% of the above rates shall be levied while in respect of HUDA areas
i.e. other than MCH and CDA area 75% of the above rates shall be levied.

(2) Alternatively, the owner may be allowed to utilize TDR given in Rule 14 above,
for such built up area to the extent permissible wholly or use the same in combination
of both TDR and the differential 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.

(3) The above rates shall not be applicable for Government Departments and public
agencies like Urban Development Authority, APIIC, local bodies and HMWSSB.

(4) The amount levied and collected under above Rule shall be credited and
maintained in a separate escrow account by the concerned sanctioning authority and
50% utilised for development of infrastructure in the same area and balance 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 utilised accordingly.

(5) The Premium on F.A.R. charges leviable in CDA area and the impact fees being
levied in MCH area are dispensed with.

18. 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-in-interest who:

- 21 -
(a) Construct the building /blocks by leaving more setbacks than the minimal
stipulated in these Rules:
Leaving 1.5 times the minimum setbacks in all sides: 10 % rebate*
Leaving 2.0 times the minimum setbacks on all sides : 20 % rebate*
* The setbacks has to be on all sides to qualify for the rebate. Leaving more on
one side and the minimum on other sides would not qualify for such rebate.
(b) Install and use solar heating and lighting system : 10 % rebate.
(c) Undertake both recycling of waste water and rain water harvesting structures:
10 % rebate
d) Where owners provide at least 25% additional parking space over and above
the minimum specified in Rule 11, they would be allowed for a rebate of 10 %
in property tax.

19. BUILDING PERMIT/LICENSE FEES & UNDERTAKING:


a) 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 application, the above initial fees
would be forfeited.
b) No fees and charges would be levied for parking spaces provided in any floor.
20. 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. 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.
b) Before the 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 for the
perusal of the sanctioning authority and cross verification with the attested copy
submitted with the building application.
c) The owner is required to hand over the ground floor area for first floor or the
second floor area, a the case may be, or 10% of the total built-up area,
whichever is less, to the sanctioning authority by way of a Notarised Affidavit
and after the setbacks and open spaces are demarcated on the site. 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 and the owner shall be allowed to
commence the construction.
The system of taking a Security Deposit is dispensed with.
¾ However in respect of gated development schemes like row houses /
independent houses / cluster housing / residential enclaves, 5% of the units
shall be handed over to sanctioning authority.

- 22 -
¾ Individual buildings in plots upto 300Sq.mts. with height upto 6mts. and
Industrial buildings are exempted from the above conditions.

21. OCCUPANCY CERTIFICATE:


(i) 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 OC 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 in plots
upto 300 Sq.mts. with height upto 6mts. and individual buildings obtaining OC is
optional.
(ii) The owner shall submit a notice of completion through the registered architect and
licenced builder/developer along with prescribed documents and plans to the
Sanctioning Authority. The Sanctioning Authority on receipt of such notice of
completion shall undertake inspection with regard to the following aspects:
(a) Number of floors
(b) External setbacks
(c) Parking space provision
(d) Abutting road width

and 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, as
follows:
(iii) The sanctioning authority is empowered to compound the offence in relation to
setbacks violations (other than the front setback) upto 10%, duly recording
thereon the violations in writing. The rate of Compounding fee shall be a
minimum rate of Rs.1000 per sq m of built up area on each floor in Municipal
Corporation areas and at the rate of Rs.500 per sq m in case of other Municipal
areas and UDA areas, 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. This shall be maintained in a
separate escrow account and utilised towards improvement of the roads and
public open spaces development in the area.
(iv) For all high rise buildings, the work shall be subject to inspection by the Fire
service Department and the Occupancy Certificate shall be issued only after
clearance from the Fire Services Department with regard to Fire Safety and
Protection requirements.
(v) 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 rate in
till such time Occupation 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.
(vi) 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

- 23 -
mentioned that the registration is in accordance with the sanctioned building plan
in respect of setbacks and number of floors.
(vii) The financial agencies/institutions shall extend loan facilities only to the permitted
built up area as per the sanctioned building plan.

22. 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 road right of way/width and
building restrictions as given in these Rules. The Enforcement Authority shall
particularly check all buildings/structures for any violations along all main
roads/public roads and take action to remove these.
(ii) The Enforcement authority shall summarily remove any violation or deviation
in building construction in maintaining the road widths and building line.

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 amendment to the AP Urban Areas (Development) Act, 1975.

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.

23. LIMITATIONS OF BUILDING SANCTION:


Sanction of building permission by the Sanctioning Authority shall not mean
responsibility or clearance of the following aspects:
(i) Title or ownership of the site or building
(ii) Easement Rights
(iii) Variation in area from recorded areas of plot or a building or on ground
(iv) Structural Reports, Structural Drawings and structural aspects
(v) Workmanship, soundness of structure and materials used,
(vi) Quality of building services and amenities in the construction of building
(vii) The site/area liable to flooding as a result of not taking proper drainage
arrangements as per natural lay of the land, etc.
(viii) Other requirements or licences or clearances required for the site/ premises or
activity under various other laws.
24. LICENSING OF REAL ESTATE COMPANIES, DEVELOPERS, BUILDERS, TOWN
PLANNERS, ENGINEERS & OTHER TECHNICAL PERSONNEL MANDATORY:
(a) No developer/builder/real estate firm or company/engineer/town planner/other
technical personnel shall be allowed to undertake development/do business/ practise
in a Municipal Corporation/ UDA/ Municipal area unless they are licenced with the

- 24 -
sanctioning authority of the respective area. Architects shall be required to be
registered with the Council of Architecture.
(b) The engaging of the services of a licenced developer/builder shall be mandatory for
Apartment Buildings, Group Housing Schemes, all types of gated developments
mentioned in Rule 10, all High-Rise Buildings, and all commercial complexes.
Developments undertaken for construction of individual residential houses, normal
educational/institutional/industrial buildings and developments undertaken by public
agencies are exempted from the above condition.
(c) Any developer/builder undertaking development or any firm doing property business
in any Municipal Corporation/UDA/Municipality 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 / UDA / Municipality, together with the permit
number and it’s validity for information and verification of public/prospective buyers.
(d) 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.
(e) Any licenced developer / builder / other technical personnel who undertake
construction in violation of the sanctioned plans shall be black-listed and this, this
would entail cancellation of their licence besides being prosecuted under the relevant
laws / code of conduct.
(f) The format for application forms for licencing of developers / builders, real estate
firms, town planners, architects, engineers, other personnel, and other conditions
shall be as prescribed.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

S.P. Singh,
Secretary to Government.
To
The Commissioner, Printing, Stationary and Stores Purchase, Hyderabad.
(with a request to public in the extraordinary Gazette of AP on 04.03.2006 and
furnish 1000 copies to Government)
The Commissioner, Municipal Corporation of Hyderabad, Hyderabad.
The Vice-Chairman, Hyderabad Urban Development Authority, Hyderabad.
The Vice-Chairman, Cyberabad Development Authority, Hyderabad.
The Vice-Chairman, Hyderabad Airport Development Authority, Hyderabad.
The Vice-Chairman, Buddha Purnima Project Authority, Hyderabad.
The Director of Town and Country Planning, Hyderabad.
All Departments of Secretariat,
All Heads of Departments.
The Director General, Fire Services, Hyderabad.
The Chairman and Managing Director, APTRANSCO., Hyderabad.
The Managing Director, H.M.W.S. & S.Board, Hyderabad.
The Managing Director, APIIC., Hyderabad.
The Engineer-in-Chief (Public Health), Hyderabad.
The Commissioner, L.B.Nagar / Kukatpally / Malkajgiri / Kapra / Uppal Kalan / Qutubullahpur
/ Alwal / Rajendranagar / Serilingampally / Gaddiannaram / Ramachandrapuram /
Patancheru.
The Commissioner and I.G. of Registration and Stamps, Hyderabad

- 25 -
The Managing Director, A.P.Housing Board, Hyderabad.
The District Collector, Hyderabad District, Hyderabad.
The District Collector, Ranga Reddy District, Hyderabad.
The District Collector, Medak District, Sangareddy.

Copy to:
The Special Secretary to Hon’ble Chief Minister.
The P.S. to M ( M A & UD).
The P.S. to Secretary to Government, MA&UD.
Sf/Sc.
// Forwarded By Order //

Section Officer.

- 26 -
ANNEXURES
The Government by Notification may modify, alter or add to the list of the areas given
in Annexures below

ANNEXURE I
LIST OF CONGESTED AREAS / OLD AREAS/SETTLEMENT AREAS
(See Rule 6 and 7 )
A. In M.C.H. Area (Ward-Wise & Block-Wise):
HYDERABAD DIVISION:
CATEGORY I
Maximum Height Permissible For All Types of Residential Buildings /
Complexes : 10 M
Other Occupancies : 12 M
Ward No. Blocks Name of the Locality / Area

Ward 13 1, 2, 3 Mustaidpura, Dhulpet, Ziaguda, Mangalhat, Kulsumpura,


Karwan.
Ward 14 1 to 22 Dhulpet, Goshamahal, Shahinyathgunj, Chudibazar.
Ward 16 3 to 9 Chanchalguda, Malakpet, Azampura, Old Malakpet,
Dabirpura, Chaderghat
Ward 17 3 to 8 Saidabad, Rainbazar, Eddibazar, Madannapet,
Yakutpura, Kattalmandi.
Ward 18 5 to 9 Bhavaninagar, Riasatnagar, Uppuguda, Sultanshahi,
Mirzumla Tank, Aliabad.
Ward 19 1 to 2 Ghatakanipura, Doodbowli, Fateh Darwaza.
Ward 20 1 to 7 Shalibanda, Hussainialam, Kazipura.
Ward 21 1 to 7 Madinabazar, Ladbazar, Petlaburz, Patelmarket,
Ghansibazar.
Ward 22 1 to 8 Sultanpura, Noorkhan Bazar, Purani Haveli.
Ward 23 1 to 6 Mogulpura, Haribowli etc.

SECUNDERABAD DIVISION:

Ward I 3 to 6 Kalasiguda, General Bazar etc.


Ward III 1, 2, 3 Avula Mandi, Angreji Bazar.
Ward II 1, 4, 5 Ramgopalpet, Market Street.

Ward VII 1, 2, 3 Monda Market, Ghas Mandi etc.


Ward - VIII 1 to 3 Sivajinagar, Second Bazar.

B) All notified slum areas and EWS Housing areas


C) Outside M.C.H. Area:

- 27 -
i) All Village settlements / Abadi areas
ii) Moulali area Jagadgirigutta, Suraram and all other slum areas and EWS
Housing areas
CATEGORY II
Maximum Height Permissible For All Types of Residential Buildings /
Complexes: 15 M
Other Occupancies: 18 M
Ward No. Blocks Name of the Locality / Areas
Kavadiguda, Bholakpur, Bakaram, Musheerabad,
Ward 1 3 to 9 Zamistanpur, Azamabad, Bagh Lingampally, Ramnagar,
Adikmet.
Nallakunta, Shankermath, Bagh Amberpet, Golnaka
Ward 2 1, 2 & 4
Vidyanagar, Tilaknagar.
Nimboliadda, Lingampally, Old M.L.A. Quarters,
Ward 3 1 to 5
Qutbiguda.
Ward 4 2, 4, 6, 8. Gowliguda, Sultanbazar.
Koti, Jambagh, Troopbazar.
1 to 3
Ward 5 Malakunta, Goshamahal, Agapura, Mangalhat, Kazani
5 to 8
Hospital.
2 Part Chintalbasti &, Khairtabad.
Ward 6
3 Punjagutta
Ward 7 1 Ameerpet
2nd Lancer, Humayun Nagar, Ahmednagar, Masab
Ward 10 1, 4, 5
Tank, Chintalbasti Part.
Ward 11 1 to 4 Mallepally, Bazarghat, Niloufer Hospital Shantinagar
Ward 12 1 Mehdipatnam, Guddimalkapur, Asifnagar.
1 to 5 Afzalgunj, Begumbazar, Bus Depot,
Ward 15
7 to 9 Osmanshani, Pheelkhana.
SECUNDERABAD DIVISION:
Ward IV 1 to 6 Chitrani Theatre/Hill Fort area
Ward V 1 James Sreet.
Ward VIII 2, 3, 4, 5, 6 Bansilalpet, Boiguda, Kavadiguda.
Ward IX 2 and 3 Regimental Bazar.
Ward X 1, 3, 5 Marredpally, Tukaram Gate, East Maredpally.
Ward XI 1 to 4 Sitapalmandi, Chilkalguda, Parsigutta.
Lalapet, Lalaguda, Boudhanagar, Malkajgiri
1, 2, 5, 8 &
Ward XII Municipality, Chandanagar, Lingampally, Kukatpally
10
APHB Phase I & II, Kamalanagar and Khusaiguda

- 28 -
ANNEXURE II

LIST OF AREAS PROHIBITED FOR HIGH RISE BUILDINGS

A) IN MCH AREA (Except plots abutting 30 M and above roads – this condition
will not be applicable to the areas mentioned at S.No.3 below)

1. All Areas Mentioned in Annexure I.

2. Secunderabad Area Ward Nos. I, II, III, IV Complete.

3. Banjara Hills-Jubilee Hills Area and Areas Ward No. 8 Blocks 1, 2 and 3 (Part).

4. Ward Nos. 4, 5, 11, 14 and 15 Complete.

5. Ward Nos. 1 and 7 Complete.

6. Ward No. 3 Block No. 2, 3 and 4.

7. Area around Charminar covered by Ward Nos. 20, 21, 22 and 23 Complete.

8. Falaknuma Area Covered by Ward No. 19 Block No. 4.

9. Golconda Fort Area covered by Ward No. 9 Block Nos. 1, 2, 3, 4, 6, 8, 10 and 11.

10. Asmangadh Area covered by Ward No 16 Block No 2

B) OUTSIDE MCH AREA

1. All Village Settlement Areas.

2. Areas Covered by G.O.Ms.No.111 MA, dated 08.03.1996 (Protection of


Catchment areas of Osmansagar and Himayatsagar lakes)
3. 1 km from the Boundary of Proposed International Airport, Shamsabad.

4. 1 km from boundary of all Defense Airports and Defense Establishments.

- 29 -
ANNEXURE III

SKY SCRAPER ZONE

The Minimum Height of High Rise Buildings permissible in this Zone is 12 floors (36
Metres) and above.

The Minimum Plot Size Is 4000 Sq M and the minimum approach road shall be 24 m

Areas permissible for Sky Scraper Zone:

(I) All Along the Inner Ring Road outside present MCH limits.
(II) Along River Musi outside present MCH limits.
(III) Gachi Bowli – Raidurg – Khajaguda - Manikonda Area.
(IV) South of International Airport – Mankhal - Bagh Mankhal – Harshagudem
Area.
(V) APHB Singapore Township – Rampally- Ghatkesar.
(VI) Kollur – Edulanagupallii – Velimella – Nanakramguda - Gopanpalli Area.
(VII) Nallagandla –Tellapur Area.
(VIII) Miyapur - Aminpur – Sultanpur Area.
(IX) All Sites Abutting Proposed 29 Radial Roads outside present MCH limits.
(X) All along the Outer Ring Road up to a depth of 500 meters on either side in
areas other than those covered in G.O.Ms.No.111 MA, dated 08.03.1996.

(xi) 1 km radius from MMTS Stations located in areas other than in Annexure II.

S.P. Singh,
Secretary to Government.

Section Officer.

- 30 -

You might also like