GO.Ms.901

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GOVERNMENT OF ANDHRA PRADESHABSTRACTM.A. & U.D. (M1) Department - The Andhra Pradesh Regulation andPenalization of Unauthorizedly constructed buildings and buildingsconstructed in deviation of the Sanctioned Plan Rules 2007- Notification -orders - Issued.MUNICIPAL ADMINISTRA nON &URBAN DEVELOPMENT (Ml) DEPARTMENTG.O.Ms.N 0.901 Dated:31.12.2007

Read thefollowing:Ordinance No. 15 of 2007

* * *ORDER:In the Ordinance read above, the Government have amended the

H.M.C. Act 1955, A.P. Municipalities Act, 1965, A.P. Municipal CorporationAct, and A.P. Urban areas (Development) Act 1975, duly authorizing theMunicipal Commissioners / Vice chairmen of all Urban DevelopmentAuthority areas (in case of gram panchayats falling under UrbanDevelopment Authorities) to penalize the unauthorizedconstructions/ deviations as a one time measure. Consequently Governmenthereby issue the Andhra Pradesh Regulation and Penalization ofUnauthorizedly constructed buildings and buildings constructed in deviationof the Sanctioned Plan Rules 2007.2. Accordingly the following Notification shall be published in theExtraordinary Gazette of Andhra Pradesh Dated: 31.12.2007

NOTIFICATIONIn exercise of the powers conferred by Section 455AA of the HyderabadMunicipal Corporations Act, 1955, Section 218(A) of the AP MunicipalitiesAct, 1965, Section 46 (A) of the AP Urban Areas (Development) Act, 1975, theGovernment here by makes the following Rules, viz.,1. Short Title, Application and Commencement:

(1) These Rules may be called "The Andhra Pradesh Regulation andPenalization of Unauthorizedly constructed buildings and buildingconstructed in deviation of the Sanctioned Plan Rules, 2007"

(2) They shall be applicable to existing buildings in the jurisdiction ofall Municipal Corporations, Urban development Authorities and

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Municipalities in the State of Andhra Pradesh constructed after 1-1-1985 and before15-12-2007.

(3) They shall come into force from the date of publication of theNotification in the Andhra Pradesh Gazette.

2. Definitions:(1 ) IJAuthorized technical personnel" means professionals authorized

by the Competent Authority to take up scrutiny of theApplication made for regulation and Penalization under theseRules.

(2) "Competent Authority" means the Municipal Commissioner in caseof areas falling in the Municipal Corporation and Municipallimits; the Vice Chairman of the Urban Development Authority incase of area falling outside Municipal Corporation orMunicipality in the Urban Development Authority area.

(3) "Total Built up area" means the entire built up area covered in thebuilding including common areas and balconies on all floors.(4) "Unauthorized construction" means any building that has beenconstructed in violation of the sanctioned building plan orwithout obtaining a building permission from the sanctioningauthority.

3. Compulsory Application for Penalization:An Application for regulation and penalization of existing unauthorizedly

constructed buildings shall be compulsorily made by theowner/GPA/Registered Association to the Competent Authority or officerauthorized by him in the prescribed Proforma along with Declaration, SelfAssessment, copy of sanctioned building plan, if any, a clear latestphotograph of the building, copy of document of ownership title, IndemnityBond and two sets of drawings showing the sanctioned area and violated areaof the building/Complex and in case of totally unauthorized constructionsthe total built up area along with the site plan. It shall be filed within sixtydays from the date of Notification of these Rules along with full penal amountas given in Rule 5. If any owner/individual does not apply within thestipulated time, he shall be liable for enforcement action under the law andhis building shall not be taken up for regulation and penalization under theseRules:

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4. Prior clearance from other AuthoritiesfDepartments in certain cases:(1) In the following cases, prior clearance shall be ensured by the Competent

Authority before considering the application under these Rules:(a) In respect of cases of residential buildings 18 m and above in height,

Commercial buildings 15mts. and above in height, and buildings ofpublic congregation like schools, Cinema theatres, function halls andother assembly buildings on plot area of 500 sq. mts. and above or ofheight above 6mts as stipulated in Section 13 of the Andhra PradeshFire Service Act, 1999 from Fire Service Department.

(b) From Airport Authority of India wherever applicable.(c) In case of buildings of height above 15 mt, necessary certificate from

licensed structural engineer with regard to structural safetycompliance of such buildings needs to be submitted.

(2) Applicants shall submit such application along with the above detailswithin the stipulated time. However, an additional time period of threemonths will be allowed for filing the Clearances as required under Rule4 (1) (a) and Rule 4(1) (b).

5. Payment of Penal Charges:(1) The owner/applicant shall pay the Penal Charge as given in Annexure-I

and II along with the Application for Penalization and other details. ThePenal Charges are levied for the total violated built up area on all floors.The Penal Charges include Building permit fee, Development Charges,Betterment charges, Impact Fees, etc. No other fees and charges shall belevied and collected.

(2) The above fees and charges shall be remitted by way of Demand Draftdrawn in favour of the Competent Authority.

(3) The Penal amount paid are not refundable. However, in cases of rejection,the Competent Authority may refund the amount after retaining 10% ofthe Penal amount towards scrutiny and processing charges. In case ofbonafide error in calculation, the excess amount paid may be refunded.

6. Scrutiny, Rejection and Approval by the Competent Authority:After receipt of the Application for Penalization in the prescribed

Format along with required documents and plans, the Competent Authorityshall scrutinize the applications and after carrying out necessary siteinspections, comrnunica te it's approval or rejection to the applicant as earlyas possible but not beyond six months from the last date of receipt ofApplications. The Competent Authority may engage the services of licensed

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technical personnel for scrutiny of the applications and for field inspections.Mere receipt of application or any delay in communication of final orders inthe matter will not imply the approval of the application.7.Violation after submission of Application:

During verification, if it is found that the applicant has undertakenfurther additions or extensions to the existing building, then such applicationshall be summarily rejected duly forfeiting the entire penal amount andnecessary action shall be taken against the unauthorized building includingdemolition as per the law.8. Exemption:

Huts, semi-permanent houses (other than RCC structure) of singlestorey in sites up to 100 sq yards are not covered under these Rules.9. Penalization not to apply to certain sites:

Penalization of unauthorized constructions shall not be considered in thefollowing cases and in cases where public interest and public safety are likelyto be adversely affected, viz.(a) Encroachment on Government land or property belonging to Publicundertakings, Andhra Pradesh Housing Board, Andhra PradeshIndustrial Infrastructure Corporation, Urban Development Authority,Local body, Endowments, Wakf Board, etc.;(b) Land for which the applicant has no title;(c) Surplus land declared under Urban land Ceiling / Agriculture LandCeiling/ lands resumed under Andhra Pradesh assigned Lands ( POT) Act;(d) Buildings affected under alignment of any road or proposed roadunder Master Plan/Zonal Development Plan/Road Development Planor any other public roads/MRTS/BRTS;(e) Tank bed and Sikham lands;(f ) Areas prohibited for construction under COMs No. 111

MA&U.D.Dept., dated 8-3-1996 (protection of Catchment area ofOsmansagar and Himayatsagar lakes);(g) Prohibited areas under the Coastal Regulation Zone and such otherenvironmentally restricted zones as may be prescribed;

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(h) Layout/Master Plan open spaces/ Areas earmarked for Recreation Usein Master Plan/ Zonal development Plan;

(i ) Buildings that are not in conformity with land use approved in MasterPlan/ Zonal development Plan;

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

(k) Area earmarked for parking as per sanctioned plan;(1) Unauthorized constructions without any building sanction in

unapproved Iunauthorized layouts, for which prior approval ofsite/plot under regulation of unapproved/unauthorized layouts rulesshall be obtained;However in case of Rule 9 (1), applications for penalization will beaccepted if the applicant encloses the Acknowledgment of theApplication made for regulation of the unauthorized site/plot underthe relevant rules to the competent authority. .

(m) Regulation and penalization shall not be done for the constructionsmade within the building line of major roads of width 80 feet andabove within the limits of Greater Hyderabad Municipal Corporation,Greater Visakhapatnam Municipal Corporation, Vijayawada MunicipalCorporation and roads of width 60 feet and above in rest of the urbanareas as per Master Plan / Zonal Development Plan.

10. Issue of Occupancy certificate:In case of approval, the local authority shall issue a Proceeding to the

effect that all proceedings and action of enforcement initiated orcontemplated against the said construction are withdrawn and then issueOccupancy Certificate to the applicant..11. Appeal:(1 ) Any applicant aggrieved by an order passed by the Competent Authorityunder Rule 6, may prefer an appeal to the Committee constituted by theGovernment within thirty days from the date of receipt of the order providedthe applicant has paid the necessary charges and submitted documents asspecified in Rule 3 of these rules.(2) All the appeals shall be disposed off within 3 months.

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12.Failure to come forward for penalisation of unauthorized constructions:Where an application for regulating and penalizing the unauthorizedlyconstructed building has not been made as per rule 3:

(1) Such unauthorized constructions would be treated as continuingoffence and Penalty as per law would be levied.

(2) Other enforcement action including demolition shall be initiatedby the local authority as per law.

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

13. Amount levied kept in separate account:(1) The amount collected by the Competent Authority under these rules shallbe kept and maintained under the control of the Competent authority in aseparate escrow account and utilized only for improvement of amenities inthe area.(2) In respect of Gram Panchayat areas falling in the Urban DevelopmentAuthority areas, the penal amount so collected will be shared in equalproportion between Urban Development Authority and Gram Panchayatconcerned. In respect of Corporation and Municipalities falling in UrbanDevelopment Authority areas, the penal amount will be shared between theconcerned Corporation/Municipality and Urban Development Authority inthe ratio of 70 : 30.14.Constitution of Committee:

Government will issue separate orders constituting appellateCommittees for examining appeals under rule 11.15.Government may issue guidelines to operationalize these rules.16.All existing rules, regulations, bye-laws and orders that are in

conflict or inconsistent with these rules shall stand modified to the extent of theprovisions of these rules.

(BYORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRAPRADESH)S.P. SINGHPRINCIAL SECRETARY TO GOVERNMENT

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ToThe Commissioner and Director, Printing, Stationery and Stores PurchaseA.P. Hyderabad ( in duplicate, with a request to publish the Notification inthe Extraordinary Gazette of A.P. dated31t.12.2007, and furnish 1000 copiesto Government)The Director of Town and Country, Planning, A.P. Hyderabad.The Commissioner and Director of Municipal Administration, A.P.Hyderabd.The Commissioners of all Municipal Corporations/ Municipalities in theState, through COMA.The Vice chairman of all Urban Development Authorities in the StateAll Departments of SecretariatAll Heads of Department.The Director General Fire Services.The Chairperson, AP Transco.The Managing Director, H.M.W.S&S.B, Hyderabad.The Engineer in Chief (Public Health) Hyderabad.The Commissioner & Inspector General of Registration &Stamps.The Managing Director, AP Housing Board.The District Collectors of all Districts.Copy to:The Special Secretary to Chief Minister.The P.S. to Minister (M.A).The P.S. to Principal Secretary to Government (MA&UD Dept)The P.S.to Secretary to Government (M.A&U.D.Dept)S.FjS.C.

//FORWARDED:: BYORDER//

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ANNEXURE-IRATES OF PENALISATION (See Rule 9)

51 Category/ Rate in Rupees per sq feet of violated built up areaNo Sup-category

Cases where building permission was 1 . Cases where building permission wasobtained but deviated from the sanctioned obtained but where violation ofplan, and where violation of permitted permitted built up area indudingbuilt up area including setbacks, Balcony setbacks, Balcony projections, balconyprojections and balcony areas converted areas converted into other built upinto other built up area luses is up to 30% area [use is more than 30%

2. Cases where no permission wasobtained (in this category entire builtup area will be treated as violatedarea)

3(i) 3 (ii)(2) GHMC/ Other Municipalities GHMC/ Other Municipalities &

(1) GVMC& Municipal &rest of UDA GVMC& Municipal rest of UDA areaVMC Corporatio area VMC Corporationsns

3(i) (a) 3(i)(b) 3(i){c) 3 3 3(ii)(a) (ii)(b) (ii)(c)1 Commercial buildingsjUsagea Upto G+l 200 150 100 300 200 150

Floor heightb AboveG+l & 400 300 200 500 400 300below 15 m

heightc 15 m and S O D 400 300 6 0 0 500 400

above in height2A Individual Residential buildingsa up toG+2 60 40 30 100 60 50

floors or 10mheight

b AboveG+2 100 60 50 200 150 100floors or 10 m

height2B Multiple dwellingsjFlatsJApartment Complexes (See Annexure II Below)3 Other Non-Residential Buildings (InstitutionalfEducational/Industrial, etc.]

i) Height up to 60 40 30 100 60 5015 In heightii) Height 100 60 50 200 150 100above 15 mheight

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ANNEXURE IIRATES OF PENALISATION fOR MULTIPLE DWELLING UNITS/FLATS/

APARTMENT COMPLEXES WHICH ARE IN VIOLATION/ INDIVIDUAL BUILDINGSCONVERTED INTO APARTMENTS

Multiple Cases where building permission was Cases where no building permission wasdwelling obtained but deviated from sanctioned obtained from the sanctioning Authority/unitsfFlatsf plan including Balcony Additional floors constructed over the permittedApartment projections/areas converted into other floorsComplexes built up area/Individual buildings

converted into Apartments(3)

SINo (4 )Penalisation Charge in Rupees Rate in Rupees per sq feet of violated built up

area on each floorGHMC/ Other Municipalifi GHMC/ Other MunicipalitiesGVMC Municipal es & rest of GVMC& Municipal & rest of UDA&VMC Corporatio UDA area VMC Corporations area

ns(1 ) (2) 3(a) 3(b) 3(c) 4(a) 4(b) 4(c)

Plinth area 20,000 15,000 per 10,000 per flat RsI00 per sq Rs 75 per sq ft Rs 50 per sq ft(i) upto 1000 per flat flat jdwelling ft of plinth of plinth area of plinth area

Height sft jdwellin jdwelling unit areabelow 18 g unit unitmtr.

Plinth area 30,000 20,000 per 15,000 per flatof more per flat flat jdwelling

than 1000 sft jdweIlin jdwelling unitg unit unit

80,000 50,000 per 30,000 per flat Rs 200 per sq Rs 150 per sq ft Rs 100 per sq ft(ii) per flat flat jdwelling ft of plinth of plinth area of plinth area

Height 18 meters and jdwellin jdwelling unit areaabove g unit unit .

S.P. SINGHPRINCIPAL SECRETARY TO GOVERNMENT~ ..SECT~

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GUIDELINES FOR COMPULSORY DISCLOSURE SCHEME RELATING TOPENALISATION AND REGULATION OF UNAUTHORISEDL Y CONSTRUCTEDBUILDINGS AND BUILDINGS CONSTRUCTED IN DEVIATION TO THESANCTIONED PLAN IN MUNICIPAL AND URBAN DEVELOPMENT AUTHORITYAREAS

1. Introduction:Andhra Pradesh has experienced rapid growth of urbanization during the lastfour decades. The urban population has increased from 62 lakhs in 1961 to 205lakhs in 2001 registering a growth close to 230 percent. As per 2001 census thepercentage of population living in urban areas in the state stood at 27.08compared to 27.78 for the country. Andhra Pradesh is the sixth most majorurbanized state in the country. Andhra Pradesh has been making rapid strides ineconomic development in the recent past. Consequently the migration to urbanareas from villages has increased manifold. There is a great spurt inconstruction activity to meet the increased demand for buildings due to generaleconomic development and migration from rural areas. In this process ofdevelopment, it is noticed that large number of unauthorized layouts andunauthorized buildings are cropping up in all urban areas.

2. Background:In order to regulate such type of constructions and to bring them into the mainstream of planned development, the Government have already taken measuresand brought out Revised BUilding Rules in the year 2006-2007 wherein effectiveenforcement systems and mechanisms have been created such as mortgaging10% of built up area as surety, making Occupancy Certificate mandatory forobtaining electricity and water & sewerage connections, severe penalties forbuilding violations. registration of buildings to be done only as per sanctionedplans etc. While the Revised Building Rules take care of regulating the presentand future developments, there is a felt need for finding a pragmatic solution forcertain types of constructions in deviation of sanctioned plan or unauthorisedconstructions that have come up in large numbers over a period of time.

3. Amendments to Municipal Laws:Government with a view to regulate the unauthorized constructions has come upwith a pragmatiC solution namely Penalisation of unauthorized constructions andconstructions in deviations of the sanctioned plan in order to help the people tobring unauthorized constructions into planning fold and also to remove the threator fear of demolition.It is a one-time opportunity for the public for their benefit to get theirunauthorized constructions regulated, To give effect to the above policy relevantMunicipal Laws have been amended for this purpose and Statutory Rules havebeen issued for implementation of Compulsory Disclosure Scheme forPenalisation and Regulation of Unauthorizedly Constructed Buildings andBuildings constructed in deviation to the sanctioned plan.

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4. Objectives of Compulsory Disclosure Scheme:I. To penalize each and every bulding constructed unauthorisedly or in

deviation of the sanctioned plan so as to create deterrence against any suchpractice.II. To bring all the unauthorized constructions into planning fold and to regulatethe development in urban areas.III. To provide an opportunity to the owners of the buildings to regulate their

unauthorized constructions and deviations made to the sanctioned plan.IV. To provide relief to several persons who have purchased buildings without

any knowledge about the building regulations.5. Applicability:

Building Penalisation Scheme (herein after called BPS) envisages thepenalization and regulation of certain categories of buildings. The scheme isapplicable to the following cases in the jurisdiction of all Municipal Corporations,Municipalities and Urban Development Authorities in A.Pa) Existing Buildings constructed in violation of the sanctioned plan approvedby the competent authority from 1-1-85 till the date of publication of A.P

Municipal Laws and Urban areas(Development) (Amendment) Ordinance,2007in A.P Gazette i.e 15-12-2007

b) Existing Buildings constructed without obtaining sanction from the competentauthority from 1-1-85 till the date of publication of A.P Municipal Laws andUrban areas(Development) (Amendment) Ordinance, 2007in A.P Gazette i.e15-12-2007

Explanation: Existing Building means a building with a Property TaxAssessment or a Building which has been purchased prior to the date ofnotification of the Rules by way of a Registered Deed or a Building with roof slabas on date of notification of the rules.

6. BPS is not applicable in the following cases:i) Encroachment on Government lands or property belonging to publicundertakings.ii) Land for which the applicant has no title.iii) Surplus land declared under Urban Land Ceiling / Agricultural Land CeilingI Lands resumed under Andhra Pradesh assigned lands (POT) Activ) Buildings affected under alignment of any road or proposed road underMaster Plan t Zonal Development Plan I Road Development Plan or anyother public roads I MRTS I BRTS.v) Tank bed and Sikham lands.vi) Areas covered under G.O. Ms No. 111 MA dated 8-3-1996 (protection ofCatchment area of Osmansagar and Himayatsagar lakes).vii) Prohibited areas under the Coastal Regulation Zone and such otherenvironmentally restricted zones as may be prescribed.

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viii) Layout open spaces I Master Pmn open spaces I Areas earmarked forRecreationUse in Master Plan I Zonal Development Plan;ix) Buildings that are not in conformity with land use approved in Master Plan/ Zonal Development Planx) Sites under litigation /Iegal disputes regarding ownership.xi) Area reserved for parking in the sanctioned plan I area meant for parkingpurposes in the building.xii) Unauthorized constructions without any building sanction inunapproved/unauthorized layouts, for which prior approval of site/plotunder regulation of unapproved / unauthorized layouts rules is required tobe obtained. However applications for building penalisation would beaccepted if the applicant applies for regulation of the unauthorized site Iplot and encloses the acknowledgement to that effect.xiii) Penalisation shall not be done for the constructions made within the

building line of major roadwidths of 80 feet and above within the limits ofGreater Hyderabad Municipal Corporation, Greater VisakhapatnamMunicipal Corporation, Vijayawada Municipal Corporation and roads of 60feet width and above in rest of the urban areas as per Master Plan / ZonalDevelopment Plan.7. Exemptions from BPS:

Huts, Semi-permanent houses (other than ReC structure) of single storey insites up to 100 sq. yards are exempted from the operation of the scheme.8. Compulsory Submission of applications:

Applications under BPS shall be filed compulsorily in the prescribed form with allenclosures by the owners of the buildings mentioned in Para 5 in the office ofthe Municipal Corporation / Municipality I Urban Development Authority as thecase may be within 60 days from the date of publication of the Rules in questionin A.P. Gazette.9. Who can apply under BPS:

The following persons can apply under BPS:1. Owner of the building2. Registered G.P.A. Holder3. Developer / Builder/ Association who has developmental rights

10. Services of Technical Personnel:In every Municipality, Municipal Corporation, Urban Development Authoritylicensed technical personnel will be authorized by the Municipal CommissionerNice Chairman as the case may be to assist citizens in filling up the applicationform and preparation of building and site plan. In addition, the citizens can utilisethe services of Registered Architects for filling up the application form andpreparation of plans.

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11. Prior clearances in certain cases:Prior clearances are required in the following cases:1. NOC from Fire Services Department is required in the following cases:

a) Residential Buildings with height of 18m and aboveb) Commercial Buildings with height of above15mc) Buildings of Public congregation like schools, cinema theatres, function

halls and other assembly buildings on plot area of 500 sq.mts andabove or of height above 6mts.

2. NOC from Airport Authority of India for all multi-storied buildings and alsosites falling in Air funnel zone.

3. Certificate from Licensed Structural Engineer in case of building with heightabove 15m.

Note: The application in such cases shall be submitted along with the penal amount & otherdocuments with in the prescribed time. However an additional time period of 3 monthswill be allowed for submitting the NOGs from Fire Services Department and AirportAuthority of India.12. Payment of Penallsatlon charges:

The owner I applicant shall pay the penalization charges as given in Annexure-Iand 1 \ of the Rules. The penalization charges are levied for the total violated builtup area ofall floors. The penalization charges include the following:1. Building permit fee2. Development charges3. Betterment charges4. Other chargesThe penalization charges shall be remitted by way of demand draft or bank payorder in favour of the competent authority. After the payment of penalizationcharges, no other charges will be levied and collected by the CompetentAuthorities. The penal charges paid are not refundable.. However in cases ofrejection, penal amount will be refunded after retaining 10% of the penal amounttowards scrutiny and processing charges. In case of bonafide error incalculation, the excess amount may be refunded after issue of proceedings.

13. Categories of Penalisation Charges:Penalisation charges shall be levied under BPS as per the following categories:1) Building permission obtained but deviated from the sanctioned plan wherein

the violated built up area is up to 30%.2) Building permission obtained but deviated from the sanctioned plan wherein

the violated built up area is more than 30%.3) Buildings constructed without obtaining sanction for the building plan.4) Apartments I Flats constructed in deviation from the sanctioned plan

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5) Apartments I Flats constructed without sanctioned plan.The details of the penalisation charges are given in Annexure-I and II of theRules in question.

Note: Deviation means deviated from the sanctioned plan with in thepermissible floors. An additional floor constructed would construeviolation of the sanctioned plan I l.e., additional construction over andabove the sanctioned plan will be treated as unauthorisd construction andpenalty for this additional floor will be levied as per the relevant categoryrates.

14. Scrutiny and timeline for disposal of applications:All the applications received under BPS would be disposed off within 6 monthsfrom the last date for receipt of applications.

15. Competent Authorities:The following are the Competent Authorities for disposal of applications.1. Municipal Commissioner in the respective areas falling in the MunicipalCorporations and Municipalities.2. Vice-Chairman of Urban Development Authority in case of areas fallingoutside the Urban Local Bodies in the respective UDA area.

16. Violation after submission of application:During verification, if it is found that the applicant has constructed furtheradditions or extensions to the existing building, then such application shall besummarily rejected duly forfeiting the entire penal amount and necessaryenforcement action shall be taken against the said owner including demolition ofthe building.

17. Issue of Orders and Occupancy Certificate:After receipt of the application along with the necessary documents and plans.the Competent Authority shall scrutinize the applications and after carrying outnecessary site inspections shall communicate Proceedings regulating thebuilding constructed in violation of sanctioned plan or regulating the buildingconstructed without obtaining sanction from the competent authority or rejectingthe application with in six months from the last date for receipt of theapplications under this scheme. Further the proceedings issued will alsomention that all earlier proceedings and action of enforcement initiated orcontemplated against the said construction are withdrawn.Occupancy Certificate shall be issued. by the Competent Authority in case ofapproval of the application.Mere receipt of application or any delay in communication of final orderswill not be construed as automatic regulation of unauthorizedlyconstructed building.

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18. Disposal instructions:Each Application for Building Peanalisation shall be maintained as a separateFile Year-wise, area-wise and category -wise with distinct number for a periodof 10 years (O.Ois disposal).The Competent Authority shall update their records relating to all buildings andlayouts approvals and maintain these Year-wise, area-wise and category -wise,so as to facilitate people to apply for true copy of sanctioned plan under the RTIAct.

19. Appeal:Any applicant aggrieved by an order passed by the Competent Authority mayprefer an appeal to the Appellate Committee constituted by the Governmentwithin thirty days from the date of receipt of the order if he has paid thenecessary charges and submitted documents as specified in Rule 3 of the Rulesin question.

20. Consequences in case of failure to apply:Where an application for regulating and penalizing the unauthorisedlyconstructed building has not been made, the following consequenceshave to be faced :a) The unauthorized construction would be treated as continuing offenceand exemplary penalty would be levied as per Municipal Laws amended

recently.b) A penalty of 25% on Property Tax shall be levied till the unauthorizedconstruction is demolished or regulated.c) Other enforcement action including demolition of the building will beinitiated.

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INSTRUCTIONS TO THE APPLICANTS UNDER BPS1. Read the Guidelines, FAQs and other details provided in the Hand Book

carefully.2. Ensure that your building falls in the applicable categories for penalization and

regulation of unauthorized constructions.3. Read the Application Form carefully and fill up all the columns correctly.4. Read the Penalization Charges payable as provided in the Rules and correctly

fill up the concerned Self-Computation Table for payment of penalizationcharges.

5. The Application requires a list of documents to be enclosed. Ensure that all thedocuments required are enclosed to the Application.

6. If you need any assistance, you may take the help of the Licensed TechnicalPersonnel authorized by the Competent Authority or Registered Architects toguide you in filling up the Application Form, calculation of the penalizationcharges payable and preparation of the required plans.

7. In respect of buildings with a height of above 15m, a certificate from LicensedStructural Engineer shall be submitted.

8. Prior clearance is required from Fire Services Department and Airport Authorityof India as per para 10 of the Guidelines. Ensure that these NOes aresubmitted within the stipulated time.

9. Enclose the Demand Draft/Bank Pay Order obtained from anyone of theschedule Banks in favour of the Competent Authority to the Application.

10. Fill up the Acknowledgement & Check List in duplicate by ticking the list ofdocuments enclosed.

11. Ensure that the Application is submitted before the last date fixed for receipt ofApplications.

12. Before submitting the Application at the places desiqnated by the CompetentAuthority make sure that you have made a photostat copy of filled in ApplicationForm for your record.

13. Submit the filled in Application in the Counters set up in the Circle IZone /HeadOffice of the concerned Municipal Corporation IMunicipality /UDA and obtainand retain the Acknowledgement.

14. For future Correspondence with the Competent Authority the File Number onthe Acknowledgement may be quoted.

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FREQUENTLY ASKED QUESTIONS UNDER BPSQ1. What are the advantages of Penalisation of tlnauthcrlsed Constructions?A: The constructed building will get formal orders of regulation which will remove the

uncertainty and threat of demolition and will get the occupancy certificate which ismandatory as per Municipal Laws.

02. Is it compulsory to apply for penalisation of Unauthorised_Constructions?A: Yes.Q3. What are the consequences if I do not apply?A: Action will be taken against such unauthorised construction as per the provisions of

the Municipal Laws for levy of exemplary fines including demolition of theunauthorised constructions.

04. Unauthorised construction made before 1.1.1985 can be penalised if applied?A: Persons who have made unauthorised constructions before 1 . 1 . 1 985 need not

apply. However, if persons apply under this scheme, it will be considered subject toverification of structural stability and heritage angle.

QS. Whether the time prescribed for filing the applications for penalisation ofunauthorised constructions Scheme will be extended?

A: NoQ6. My neighbour has complained against me on building setbacks violation and

a case is pending in the court. Can I apply for building regularisation?A: Yes, provided there are no specific court orders/directions in this matter.Q7. Whether unauthorised construction made in a parking area which was in excess

of the required parking area, can be penalised under these rules?A: No. The said area has to be utilised for parking only.QS. Permission has been obtained for one use (e.g. residential use) and constructed

as per plan but the use of the building is changed (e.g. for commercial use),can it be penalised?

A: If the present usage of the building is in accordance with Zoning Regulations suchcases are eligible for penaJisation.

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Q9. Sanction for construction of the building is obtained but the sanctioned copyis not available. How the penalisation charges will be levied?

A: The concerned Municipality shall assist the applicant to trace out the copy of sanctionedplan from the MuniCipal records. If it is found that there is no sanction for the saidconstruction, the entire building will be treated as unauthorized and penalisationcharges will be levied accordingly.

Q10. Permission is obtained for 3 floors but constructed 4 floors. What penalisationcharges will be levied?

A: If the permitted 3 floors are constructed as per plan no penetisetion charges will becollected for the 3 floors. If there are deviations in the permitted floors, thepenalisation charges will be col/ected as per that rate. But the entire 4th floor will betreated as unauthorized construction and penalisation charges will be col/ected asper that category.

Q11. Permission was obtained for individual residential building but converted in toApartment Complex. Whether such apartments are eligible for penalisation?

A: Yes, Penalisation charges wi /J be levied as applicable in the case of apartmentcomplexes.

Q12. Whether Constructions made in parks, green areas and layout open spacesare eligible for Penalisation?

A: No.Q13. Permission was obtained for stilt for parking + 5 floors for apartments but

converted the stilt floor for other purposes (flats/shops/office etc). Whetherthe apartments in the upper 5 floors are eligible for penalisation?

A: Constructions made in the stilt floor are not eligible for penalisation. Howeverapartments in upper floors are eligible for penalisation. Prompt action will be takenfor removal of structures in the parking area.

Q14. Whether the pent houses constructed over Stilt + 5 floors Apartment Complexcan be penalised?OR

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I have a flat on the 3rd floor of an Apartment Complex with sanctioned plan of5 floors which has balcony violations. In addition to these violations, theowner/builder constructed a pent house on the 6th floor and sold off the penthouse. What penalties do I need to pay under these Rules?

A: Pent houses in buildings of height less than 18 meters are eligible for penalisation,In cases where penthouse construction is making the building height more than 18meters then the penthouses can penalised provided the these are below 25% of thecovered area of the floor and height is average floor height and would be consideredsubject to production of No Objection Certificate (NO C) from Fire ServicesDepartment and Airport Authority of India. In respect of flats on other floors, the pro-rata charges as applicable for an Apartment Complex would be levied with outinsisting on such NOCs.Pent Houses exceeding the above stated limits would be treated as High RiseBuildings and all provisions of High Rise Buildings for the entire building shall beapplicable in such cases.

Q1S. Whether the constructions affected in road widening are eligible forpenalisation?

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

Q16. Whether the constructions made in the area earmarked for Tot-lot are eligiblefor penalisation?

A: Yes.Q17. Whether the constructions made in deviation to the Special Regulations

applicable to the Banjara Hills I Jubilee Hills are eligible for Penalisation?A: YesQ18. There are cases where certain builders are constructing additional floors

during the interregnum period. Will these be covered under these PenalisationRules?

A: No. Such additional constructions are liable to be demolished besides taking penalaction against the builders including black-listing.

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Q19. A Builder has taken approval under the new Revised Building Rules, 2006mortgaging the area as required under the said rules. He is constructing inviolation of the sanctioned plan. Whether he is eligible for penalisation underthese Rules?

A: No, since he has already mortgaged certain area which would be forfeited in case ofviolations,

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

A . ' Yes,

Q21. Whether the penalisation charges can be paid in installments?A: No, All penalisalion charges have to be paid along with the application.Q22. Whether Penalisation charges paid in excess will be refunded?A: Yes, refunded after issue of the proceedings.Q23. If the application is rejected, whether the penalisation charges paid are

returned?A: Yes, 10% ofpena/isation charges will be deducted towards processing fee.

In case of false declaration/misrepresentation of facts penalisation charges will notbe refunded.

Q24. Permission is taken in two plots by amalgamating them but constructed in oneplot only, what would be the penalisation charges?

A: The penalisation charges will be levied on excess built up area i.e,differencebetweenthe proportionate permitted area on the extent of plot applied forregularisation and the total area constructed.

025. A person has constructed 3 floors with extra balconies and a 4th floor which isnot permitted as per the sanctioned plan. What penalties would be levied?A.: He has to apply for penalisation for both deviations in the permitted floor (extra

balconies) and unauthorized 4th floor, as given in the Application Form} viz., the penalcharges for the extra balconies which are deviation to the sanctioned plan; and

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EXTRACT OF ORDINANCE OF 2007

Regularisation ofBuildingsconstructed withoutsanctioned plan.

455A. The Commissioner may regularize constructions madewithout obtaining sanctioned plan, subject to fulfilling the followingconditions:-

(a) submission of building plans to the competent authority duly paying allcategories of fee and charges;(b) the construction shall be subject to the condition that all parameters laid Act No 15down in relevant statutes, Master Plan, Zonal Development Plan, Building of 1999Bye-Laws, Building Rules and other relevant Government Orders includingAndhra Pradesh Fire Service Act, 1999 and National Building Code aresatisfied;(c) payment of penalty equivalent to 33% of the various categories of feesand charges payable by the applicant for obtaining building permission inaddition to the regular fee and other charges payable.

"Regulation andpenalization ofconstruction ofbuildings indeviation of

455AA. Notwithstanding anything in the Act, the MunicipalCommissioner may regulate and penalise the constructions of buildings,made by the owner, or as the case may be, by an individualunauthorisedly or in deviation of the sanctioned plan as on the date ofcommencement of the Andhra Pradesh Municipal Laws and Urban Areas(Development) (Amendment) Ordinance, 2007 as a one time measure,

as per the procedure and by levying such penal amount as may beprescribed and upon payment of such amount all pending or contemplatedproceedings and action of enforcement shall be deemed to have beenwithdrawn and the competent authority shall issue necessary OccupancyCertificate to the owner or the individual as the case may be."3. In the Andhra Pradesh Municipalities Act, 1965, after section 218, thefollowing new section shall be inserted, namely, -

Amendmentof Ad No.6of 1965

"Regulation andpenalisation ofconstruction ofbuildings in deviationof sanctioned plan.

218A. Notwithstanding anything in the Act, the MunicipalCommissioner may regulate and penalise the constructions ofbuildings, made by the owner, or as the case may be, by anindividual unauthorisedly or in deviation of the sanctioned plan ason the date of commencement of the Andhra Pradesh MunicipalLaws and Urban Areas (Development) (Amendment) Ordinance,2DO? as a one time measure, as per the procedure and by levyingsuch penal amount as may be prescribed and upon payment of such

amount all pending or contemplated proceedings and action ofenforcement shall be deemed to have been withdrawn and the competentauthority shall issue necessary Occupancy Certificate to the owner or theindividual as the case may be. to.

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INSTRUCTIONS TO THE COMPETENT AUTHORITIES FORIMPLEMENTATION OF COMPULSORY DISCLOSURESCHEMES RELATING TO:

1. Penalization and Regulation of Unauthorizedly constructed buildings andbuildings constructed in deviation to the sanctioned plan.

2. Regulation of Unapproved and illegal Layouts.

Municipal Administration and Urban Development DepartmentGovernment of Andhra Pradesh

January 2008

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INSTRUCTIONS TO COMPETENT AUTHORITIESMunicipal Administration & Urban Development Department, Government of A.P hasformulated two schemes namely:-

(1) Compulsory disclosure scheme for Regulation and Penalization ofUnauthorizedly constructed buildings and buildings constructed in deviation of thesanctioned plan in the areas of Municipalities, Municipal Corporations and UrbanDevelopment Authorities.

(2) Compulsory disclosure scheme for Regulation of unapproved and illegal layoutsfalling in the areas of Municipalities, Municipal Corporations and UrbanDevelopment Authorities.

1. To implement the above schemes, Government have initiated the followingactions:-I. Promulgation of A.P Municipal Laws and Urban areas (Development)

(Amendment) Ordinance 2007 on 15-12-2007.II. Issue of the Andhra Pradesh Regulation and Penalisation of

Unauthorizedly constructed Buildings and Buildings Constructed in deviationof the Sanctioned Plan Rules, 2007.

iii. Issue of the Andhra Pradesh Regulation of Unapproved and Illegal LayoutRules, 2007.

iv. Issue of a Hand Book containing guidelines for implementation of theschemes.

2. Competent Authorities2.1 The following are the Competent Authorities for disposal off applications under

Compulsory disclosure scheme for Regulation and Penalization ofUnauthorizedly constructed buildings and buildings constructed in deviation of thesanctioned plan (herein after called Building Penalisation Scheme (BPS))1 . Municipal Commissioner in case of areas falling in the Municipal

Corporations and Municipalities.

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ll. Vice-Chairman of Urban Development Authority in case of areas fallingoutside the Urban Local Bodies and within UDA Limits.

2.2 The following are the Competent Authorities under Compulsory disclosurescheme for Regulation of unapproved and illegal layouts (herein after calledLayout Regulation Scheme (LRS)

i. The Vice - Chairman of the Urban Development Authority in case of areasfalling in UDA area.

ii. The Commissioner of Municipal Corporation in case of areas falling inMunicipal Corporations and not covered by Urban Development Authorities.

Ill. Municipal Council in case of Municipalities and Nagar Panchayats.iv. Gram Panchayat in case of areas falling in Master Plan limits of respective

Urban Local Bodies.

3. Familiarization with amended Municipal Laws and Statutory RulesThe Competent Authorities i.e Commissioner of Municipalities and MunicipalCorporations and Vice Chairmen of Urban Development Authorities have to playa well defined and vital role in the effective implementation of the above twoschemes. Hence it is necessary for the Competent Authorities to acquaintthemselves with amended Municipal Laws, relevant Statutory Rules, Hand Bookfor implementation of two schemes and existing up-to-date Building Rules andprocedures connected with the implementation of the two schemes.

4. Training of Officers and StaffCompetent Authorities shall utilize the services of officers and staff working inEngineering and Revenue Sections in addition to officers and staff of TownPlanning section for implementation of the schemes. All the officers and staffdrafted for the implementation of the schemes shall be provided with Hand Bookon the schemes. The Competent Authority shall conduct orientation training forofficers and staff drafted for implementation of the above schemes.

5. Awareness Campaign3

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The Competent Authority shall hold awareness campaign on the schemes withthe following groups to make them pro-active in the successful implementation ofthe schemesi. Municipal Councilors / CorporatorsIi. Resident's Welfare Associations, Organizations, NGOs, Builders

Associations, Plot Owners Associations and other stakeholders.

6. PublicityThe Competent Authority shall give wide publicity about the guidelines of theschemes in the following manneri. Distribution of Leaflets detailing salient features of the schemesII. Brief advertisement in local newspapersiii. Hoardings, Cinema slidesAdvertisements in T.v in respect of major Municipal CorporationsThe Competent Authority should make the Hand Book available at a price ofRs.25/- at convenient places namely Circle Offices, Municipal Office, E-sevacenters. The hand book may be made available in Website of the respectiveUrban Local Body / Urban Development Authority. In addition, the Hand Bookmay be made available at Post Offices, Nationalized Banks and other places asdetermined by the Competent Authority.

7. Licensed Technical PersonnelThe Competent Authority shall publish the list of Licensed Technical Personneland inform the public about utilization of their services for filling up of theapplication form, preparation of plans etc. The Competent Authority shall encloselist of Licensed Technical Personnel to the application for the convenience of thepublic. In addition, the public may be informed that they can utilize the services ofRegistered Architects for filling up the application form and preparation of plans.

8. Constitution of TeamsThe Competent Authority shall constitute required number of teams for attendingto the following activities:i. Issue and Receipt of applications.ii. Maintenance of Registers.

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iii. Scrutiny and site Inspection of Unauthorized Buildings and Layouts.iv. Issue of proceedings and Occupancy certificates

9. Reception centersThe Competent Authority shall set up adequate number of receiving centers atconvenient locations for issue and receipt of applications and ensure thatadequate number of application forms and hand books are available at thereceiving centers. The applications downloaded from the Website or thephotostat copies of the applications shall also be accepted.

Building Penalization Scheme (BPSl10. Maintenance of Registers

The Competent Authority shall ensure maintenance of the following registers forreceipt and disposal of applications under BPS.

10.1 Register showing receipt of the application at the receiving center under BPS(Annexure-I)

10.2 Register showing disposal of applications under BPS (Annexure-II).

11. Scrutiny and Inspection of the applications under BPS.The Competent Authority shall undertake the scrutiny of the applications on day-to-day basis without waiting for the last date. Depending on the necessity andworkload, the Competent Authority may engage Technical Personnel namelyarchitects I graduate engineers to take up Scrutiny and Inspection of theapplications received under the two schemes in addition to Departmental officers.The following framework is suggested for the Scrutiny and inspection of theapplications under Building Penalization Scheme (BPS)

Residential Buildings:11.1 In respect of G+2 residential buildings, scrutiny and inspection may be taken up

at least to the extent of the 10% of the applications as selected by the competentauthority by Departmental Officials ITechnical Personnel

11.2 In respect of residential buildings of more than G+2 floors and G+4 floorsexcluding cellar and stilt, at least 50% of the applications shall be scrutinized byDepartmental Officials ITechnical Personnel 5

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11.3 In respect of multi-storied buildings, all applications shall be scrutinized byDepartmental officials only.

Non-Residential Buildings:11.4 In respect of non-residential buildings I scrutiny and inspection may be taken at

least to the extent mentioned below as selected by the competent authority:

Type of the Percentage of Inspection at theBuilding Scrutiny (at level ofrandom)G+1f1oors 10% of the Lower levelappiications UDAlMunicipal staffG+2 and G+3 25% of the HOD offloors applications UDAlMunicipal staffG+4 floors 50% of the Dy.Commissionerlapplications Addl. CommssionerlCommissionerN.CMulti-Storied 100% of the Committeebuildings applications constituted by

CommissionerN.CCommissionerNC

Ensure whether the site is getting affected in road widening or is inconformity with Master Plan and zoning regulations.

12. Penalisation and Regulation of Unauthorizedly Constructed Buildings andbuildings constructed in deviation of the sanctioned planThe Competent Authority is required to dispose off the applications with in sixmonths from the last date of receipt of applications under this scheme. In case ofapplications found to be in order, the Competent Authority shall communicateproceedings penalizing and regulating the unauthorized construction enclosingoccupancy certificate. The proceedings shall also contain that all earlierproceedings and action of enforcement initiated or contemplated against the saidconstruction are withdrawn. Format of the proceedings is given as annexure - III.Further the plans shall be enfaced as shown below

13. Disposal instructions:6

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Each Application for Building Penalization shall be maintained as a separate FileYear-wise, area-wise and category -wise with distinct number for a period of 10years (C.Ois disposal).The Competent Authority shall update their records relating to all buildings and layoutsapprovals and maintain these Year-wise, area-wise and category -wise, so as to facilitatepeople to apply for true copy of sanctioned plan under the RTI Act.

14. Approval proceedings:"tne Bui/ding as shown in the plans is Penalised and Regulatedunder Andhra Pradesh Regulation and Penalisa tion ofUnauthorizedly constructed Buildings and Buildings Constructedin deviation of the Sanctioned Plan Rules,2007 vide ProceedingsNo.-------------------------- Dated ------------. This does not regulate theuse/activity/trade in the said Premises for which the relevant rules/stipulations shall be applicable regulating such activity.

Commissioner............ Municipal Corporation I

MunicipalityOr

Vice Chairman.............. Urban Development Authority

13. Rejection of applicationsIn case of applications which are found to be not in accordance with the Rules,the competent authority shall issue proceedings rejecting the application forpenalization and regulation of authorizedly constructed building in the formatgiven in the Annexure - IV

14. Submission of Progress ReportsThe Competent Authority shall send weekly progress report to the Commissionerand Director of Municipal Administration and the Director of Town and CountryPlanning for the week ending every Sunday. Format of the progress report isgiven as Annexure - V.

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Layout Regulation Scheme (LRS)15. The Competent Authority shall ensure maintenance of the following registers for

receipt and disposal of applications under LRS.15.1.Register showing receipt of the application at the receiving center under LRS

{Annexure-Vl)15.2. Register showing disposal of applications under LRS [Annexure-Vll],

16. Scrutiny and Inspection of the applications under LRS16.1 After receipt of an application for regulation of layout in the limits of Urban

Development Authority, the competent authority shall scrutinize application as perthe Rules, carry out necessary inspections and if the application is found inaccordance with Rules, shall intimate the applicant to pay the short fall ofpenalization charges if any as prescribed in these Rules within 30 days. Formatfor the intimation is given in Annexure - VIII.

16.2 In case of Municipalities/Municipal Corporations falling outside UDA area, theCompetent Authority after scrutiny with respect to Master Plan and as per theRules and after carrying out necessary site inspection shall submit remarks to theDirector of Town and Country Planning or his delegatee for technical approval.After receipt of technical approval, the competent authority shall intimate theapplicant to pay the short fall of penalization charges if any as prescribed intheses Rules within 30 days.In case of application for individual plot which is not affected by any Change ofLand Use or Master Plan roads, such cases may be processed and disposed atlevel of Competent Authority only.Format for intimation is as given in Annexure - VIII.

17.1 Regulation of unapproved layouts.The Competent Authority is required to dispose of the applications with in sixmonths from the last date of receipt of applications under this scheme. Afterpayment of necessary fees, charges and penalization charges as specified in theRules and after handing over the open space if any, by the applicant as per

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Layout Rules, competent authority shall issue proceedings regulating the layout.The proceedings shall also contain that all earlier proceedings and action ofenforcement initiated or contemplated against the said layout are withdrawn.Format of the proceedings is given as Annexure - I X . Further, the plans shall beenfaced as shown below"The layout I plot as shown in the plan is Regulated under AndhraPradesh Regulation and Penalisation of unapproved and illegallayouts Rules,2007 vide Proceedings No.~------------------Dated

it- - - - - - - - _ . . . . -

Commissioner............ Municipal Corporation! Municipality!

orVice Chairman

................. Urban Development Authority

17.2 In case of applications which are found to be not in accordance with the Rules,the competent authority shall issue proceedings rejecting the application forregulation of unapproved layout in the format given in the Annexure - X .

18. Submission of Progress ReportsThe Competent Authority shall send weekly progress report to the Commissionerand Director of Municipal Administration and Director of Town and CountryPlanning for the week ending with Sunday. Format of the progress report is givenas Annexure - XI.

Annexure -I Register showing receipt of the application at the receivingcentre under BPS.

Annexure - II Register showing disposal of applications under BPS.Annexure -III Format of the proceedings to be given for Penalization and

Regulation of Unauthorizedly Constructed Building.Annexure -IV Format of the Proceedings rejecting an application for

Penalization and Regulation of Unauthorizedly constructedbuilding.Annexure - V Format of the progress report under BPS.

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Annexure - VI Register showing receipt of the application at the receivingcentre under LRS.

Annexure - VII Register showing disposal of applications under LRSAnnexure - VIII Format for intimation to be given to the applicant to pay

shortfall of charges if any under LRS.Annexure -IX Format of the proceedings to be given for Regulation ofUnapproved Layout.

Annexure - X Format of the Proceedings rejecting an application forRegulation of unapproved layout.

Annexure - XI Format of the progress report under LRS.

Annexure -IRegister showing receipt of the applications at the receiving centre under BPS .

................................... .Municipality/Municipal Corporation

.................................... Urban Development Authority.

81. Application Name & Address of the Location of Type of Building PenalNo No Applicant the Building as per Table~ Amount

with Door 1 , 1 1 , 1 1 1 of paidNo. application form

1 2 3 4 5 6

Annexure - IIRegister showing disposal of applications under BPS .

................................... .Municipality/Municipal Corporation'" Urban Development Authority.

SI. Applicatio Name & Locatio Type of Penal Action taken Remarks

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No n No Address n of Building as Amoun Penalisati Returnedof the the per Table- t paid, on Proc. Proc. NoApplicant Buildin I , I I , I I I of D.D.No No. & DT. O T.

g with application O t:Door form withNo. nameof the

Bank1 2 3 4 5 6 7(a) 7(b) 8

Annexure - IIIFormat of the proceedings for Penalization and Regulation of UnauthorizedlyConstructed Building I Building Constructed in deviation of the sanctioned plan.Proceedings of the Vice Chairman UDAProceedings of the Commissioner Municipality I Municipal CorporationPresent .

Proceedings No: dt. .Sir/Madam

Sub: Regulation and Penalisation of Unauthorizedly Constructed Buildings -Building bearing H.No of Muntcipality I MunicipalCorporation I Gram Panchayat - Penalisation Orders issued.

Ref: ApplicationNo ..Sri/Smt. .

dt: of

An application has been filed in the reference cited, for penalization andregulation of Unauthorizedly constructed building I building constructed in deviation ofthe sanctioned plan as per the details shown hereunder:

1 location of the BuildingT.S.No IDoor No.1Plot No.

1 1

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Layout/Sub Division No.Street and LocalityCity/TownNiliage & mandai

2 Status of the Building Unauthorizedly constructedbuilding /Building constructed in deviationof the sanctioned plan.

3 Type of Building as per table 1,2,3 ofthe application.Tick the applicable column fromcolumn No.4 to 9

4 Total built up area as per sanctionedplan in Sft.5 Total built up area as on site in Sft6 Extent of built up area in deviation tosanctioned plan in Sft7 Total built up area with out obtaining

building permission.8 Apartment complex with sanction /individual building converted in toapartments.

1). Height less than 18 Mtsa. Apartment area upto 1000 Sft.,b. Apartment area more than 1000 Sft.,2). Height 18 Mts and abovea. Flat

9 Apartment complex with outpermission.1). Height less than 18 MtsTotal built up area2). Height 18 Mts and aboveTotal built up area

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The above said application has been examined with reference to the A.P.Regulation and Penalization of Unauthorizedly constructed buildings and Buildingsconstructed in deviation of the sanctioned plan Rules, 2007 and found to be in order.Hence the said building is penalized and regulated under the said Rules as shownhere under:

1 Total built up area penalized andregulated2 Penal Amount Paid Rs ..........3 D.D.No. with date and name of theBank

Further, all proceedings and action of enforcement initiated or contemplatedagainst the said building are withdrawn. The Plans showing the Building Penalized andRegulated is herewith enclosed along with the Occupancy Certificate ..Enclosures: As above ..

Vice Chairman...................... Urban Development Authority.

CommissionerMunicipality/Municipal

Corporation.ToSri/Sm t. , .

Copy to Assistant City Planner, Circle No MunicipalCorporationCopy to Deputy Commissioner, Circle No MunicipalCorporationCopy to Town Planning officer, . Municipality

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Copy to TPS / TPBO . MunicipalityMunicipalityopy to Revenue officer/Revenue Inspector, .

Annexure -IVFormat of the proceedings showing the rejection of an application forpenalization and regulation of unauthorizedly constructed building I buildingconstructed in deviation of the sanctioned plan.Proceedings of the Vice Chairman UDAProceedings of the Commissioner Municipality / Municipal CorporationPresent .

Proceedings No: dt, .Sir/Madam

Sub: Regulation and Penalisation of Unauthorizedly Constructed Buildings -Building bearing H.No of Municipality / MunicipalCorporation / Gram Panchayat - Penalisation refused - Orders issued.

Ref: ApplicationSri/Smt. .

No dt: of

An application has been filed in the reference cited, for penalization andregulation of unauthorisedly constructed building I building constructed in deviation ofthe sanctioned plan as per the details shown here under:

1 Location of the BuildingT.S.No IDoor No.1Plot No.Layout/Sub Division No.Street and LocalityCitylTownNiliage & mandai

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2 Status of the Building Unauthorized Iy constructedbuilding /Building constructed in deviationof the sanctioned plan.

3 Type of Building as per table 1,2,3 ofthe application.Tick the applicable column fromcolumn No.4 to 9

4 Total built up area as per sanctionedplan in 8ft.5 Total built up area as on site in Sft6 Extent of built up area in deviation tosanctioned plan in 8ft7 Total built up area with out obtaining

building permission.8 Apartment complex with sanction I .individual building converted in toapartments.

1). Height less than 18 Mtsc. Apartment area upto 1000 Sft.,d. Apartment area more than 1000 8ft.,2). Height 18 Mts and abovea. Flat

9 Apartment complex with outpermission.1). Height less than 18 MtsTotal built up area2). Height 18 Mts and aboveTotal built up area

The above said application has been examined with reference to the A.P.Regulation and Penalization of Unauthorizedly constructed buildings and Buildingsconstructed in deviation of the sanctioned plan Rules, 2007 and found to be not in

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accordance with the Rules. Hence the application is rejected for penalization andregulation for 'the reasons mentioned below (Tick the appropriate, item):

I. Encroachment on Government lands or property belonging to public undertakings.

ii. The applicant has no title over the landiii. Surplus land declared under Urban Land Ceiling I Agricultural Land Ceiling I

Lands resumed under Andhra Pradesh assigned lands (POT) Activ. Building affected under alignment of proposed road under Master Plan I

Zonal Development Plan I Road Development Plan or public roads I MRTS /BRTS.

v. Tank bed and Sikham lands.vi. Areas covered under G.O. Ms No. 111 MA dated 8-3-1996 (protection of

Catchment area of Osmansagar and Himayatsagar lakes).vii. Prohibited areas under the Coastal Regulation Zoneviii. Layout open spaces I Master Plan open spaces I Areas earmarked for

Recreation Use in Master Plan / Zonal Development Plan;ix. Building is not in conformity with land use approved in Master Plan I Zonal

Development Planx . Sites under litigation 1 legal disputes regarding ownership.xi. Area reserved for parking in the sanctioned plan I area meant for parking

purposes in the building.xii. Unauthorized construction is in unapproved layout.

The applicant is informed that the unauthorized construction would be treatedas continuing offence and action will be taken to levy exemplary penalty includingdemolition of the building.

Vice Chairman............................... UrbanAuthority.! Development

Commissioner............... ,..... Municipality

Corporation.IMunicipal

To16

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Sri/Smt .. '" ... , .. " .... , .. , .... , ....

Copy to Assistant City Planner, Circle No Municipal CorporationCopy to Deputy Commissioner, Circle No , Municipal CorporationCopy to Town Planning officer, .. MunicipalityCopy to TPS/TPBO , ,.. , .. , , ,., """""" . MunicipalityCopy to Revenue officer/Revenue Inspector, .. Municipality

Annexure- V(Format of the progress report under BPS for the week ending ......................... )

................................. Municipality/M unicipal Corporation

....................................... UrbanAuthority.

Development

Total No. Total Cumula Type of Building (Nos) out No. of cases Total Total Balan Pen Tot Reof No. of tive No. of column NO.3 disposed No. of No. of ce al al m ar

applicatio applicati of during the cases cases No. of amo pen ksns ons applieat week dispo dispo applic unt al

17

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received receive ions Individ Com Other Apart Penal Return sed sed ations coil amoupto the during receive ual merci non ment ised ed durin upto pendi ecte untbeginnin the d reside al reside compl 9 the the ng. d coil9 of the week ntial buildi ntial exes week end duri ecteweek buildin n9 build; of the n9 d

9 ng week theweek

1 2 3 4(a) 4(b) 4(c) 4(d) 5(a) 5(b) 6 7 8 I 9 10 11Annexure - VI

Register showing the receipt of applications at Receiving Center under LRS............. , , , ,.Municipality/Municipal Corporation....... ,.. ,. ' .. ,.. ,.. , ,.. ' ,.Urba nAuthority.

Development

SI. Application Name & address of Location Details i.e Total Area of RemarkNo. No the applicant Revenue Village, Plot open s

Sy.No, Locality area / spaceetc., layout available

area

1 2 3 4 5 6 7Annexure - VII

(Register showing the disposal of applications under LRS)...... ,.. ' , , , Municipality/Municipal Corporation........ ,.. , , ,.' "., Urban DevelopmentAuthority.

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No. ation address n of Plot of Amoun Area No. of Regul Retur marNo. of the Plot / area I open t paid, of Plots ation ned ks

applicant Layout layout space D.D.N open regula Proce Procearea availa o.Ot: space ted eding edingSy.No. ble with provid s s No.

Localit name ed if No./Oty, of the anyVillage Bank.

1 2 3 4 5 6 7 8(a) 8(b) 8(c) 8(d) 9

Annexure - VIII(Intimation to the applicant to pay shortfall of charges if any under LRS)

FromCommissioner, Municipality/Municipal CorporationVice Chairman, Urban Development Authority,

Endorsement No dated: .

Sub: UDA I Municipal Corporation / Municipality - Regulation of unapprovedlayout/plots in Sy.No of Village,................................ Municipality/Municipal Corporation - Regarding.

Ref: Your Application No dated: .

1. In response to the application cited, the applicant is informed that thecompetent authority has scrutinized your application and it is proposed toregulate the unapproved layouUplot in the site mentioned above.

2. It is noticed that the applicant has paid the fees and charges which is less thanthe required levy. Accordingly, the applicant is required to remit the followingshortfall of fees and charges so as to enable the competent authority to takefurther action in the matter:

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(i )(ii)(v)

Shortfall of pro-rata chargesShortfall of pro-rata open space charges:Shortfall of conversion charges

Total

Rs .Rs .Rs .Rs .

(Rupees in words )

The applicant is required to remit the said amount through a D.D. or Pay orderfrom a scheduled bank in favour of the competent authority within 30 days from thedate of receipt of this intimation. In case the above amount is not remitted with in thestipulated time, the matter will be closed at this end and necessary action will be takenas per Rules.

Vice Chairman............................ Urban Development Authority.

Commissioner.............. Municipality/MunicipalCorporation

ToSri/Smt. .

Annexure - IX(Format of the proceedings to be given for regulation of unapproved layout/plot)

Proceedings of the Vice Chairman UDAProceedings of the Commissioner Municipality / Municipal CorporationPresent .

Proceedings No: dt. '" '" .Sir/Madam

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Sub: Regulation of unapproved layout/plot in Sy.No of .village, locality of Municipality I MunicipalCorporation I Gram Panchayat - Regulation Orders issued.

Ref: 1. ApplicationSri/Smt. .

No dt: of

2. Letter No dt: from Director of Town and CountryPlanning, according technical approval for the layout.

An application has been filed in the reference cited, for regulation ofunapproved layout/plot as per the details shown here under:

I 1 I Location of the layout/plot I : I !T.S.No IDoor No.1Plot No.lSy No.Layout/Sub Division No.Street and LocalityCity/TownNillage & Mandai

2 Total extent of the Layout/Plot3 No. of plots4 Extent of open space already available in the layout if any

In the reference second cited, the Director of Town and Country Planning, hasaccorded technical approval (wherever applicable) for the layout subject to complianceof the certain conditions. The applicant has paid the following charges inD.D.No dt:. of Bank:

1. Pro - rata charges (towards betterment/scrutiny /layout/development charges) :(towards betterment/scrutiny IlayouUdevelopment charges/penalty)

2. Pro - rata open space charges3. Conversion charges

Total Amount: Rupees ..The above said application has been examined with reference to the A.P.

Regulation of unapproved and illegal layout Rules 2007 and found to be in order.21

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Hence the said layouUplot is regulated under the said Rules as shown here undersubject to following conditions:

1. The above regulation orders are, subject to the conditions that may beapplicable under the Urban Land Ceiling and Regulation Act, 1976 and A.PAgriculture Land Ceiling Act.

2. The owners lapplicants are solely responsible for any misrepresentation withregard to ownership/ title, Urban Land Ceiling Clearance etc. The ownerslapplicants are responsible for any damage claimed by anyone on accountof regulation of the above layout / plot.

3. The regulation orders shall not be used as the sole reason for obtainingexemption from the provisions of Urban Land Ceiling and Regulation Act,1976 and A.P Agriculture Land Ceiling Act.

4. The regulation of layout Iplot does not confer ownership on the applicant oralter the ownership of the land.

5. The regulation orders shall not be used as proof of any title of the land.6. The regulation of layout /plot does not bar the Government or any public

agency from acquisition of the above land for any public purpose.7. All developments/construction activity shall be taken up as per the layoutpattern regulated by these orders.

8. The roads and open spaces as per the layout pattern regulated by theseorders are deemed to be handed over to the ------------------- MunicipalCorporation IMunicipality /Gram Panchayat and no claims I counter claimson the said roads and open places will be entertained in future.

9. The boundaries, dimensions and layout pattern of the regulated layout /plotshall not be altered except with the previous approval of the CompetentAuthority.

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1 Total extent of the layout / plot arearegulated2 No. of plots in the layout.3 Extent of area occupied by the roads4 Percentage of the area occupied by theroads5 Extent of open space provided if any in

the layout6 Percentage of the open space providedif any in the layout5 Penal Amount Paid Rs..........6 D.D.No. with date and name of theBank

Further, all proceedings and action of enforcement initiated or contemplated againstthe said layout/plot are withdrawn. The plan showing Layout/Plot regulated is herewithenclosed.Enclosures: 1.

Vice Chairman............................... Urban

Authority.Development

Commissioner..................... Municipality/Munici pal Corporation.

ToSri/Smt , .

Copy to Assistant City Planner, Circle No Municipal CorporationCopy to Deputy Commissioner, Circle No Municipal CorporationCopy to Town Planning officer, MunicipalityCopy to TPS/TPBO , . Municipality

Municipality23

Copy to Revenue officer/Revenue Inspector, .

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Annexure - X(Format of the proceedings for rejection of regulation of unapproved layout/plot)

Proceedings of the Vice Chairman UDAProceedings of the Commissioner Municipality f Municipal CorporationPresent: .

Proceedings No: dt .Sir/Madam

Sub: Regulation of unapproved layouVplot in Sy.No of ..village, Iocality of Municipality / MunicipalCorporation / Gram Panchayat - Regulation Refused -Orders issued.

Ref: 1. ApplicationSrilSmt. .

No dt: of

2. Letter No dt: " from Director of Town and CountryPlanning, according technical approval for the layout.

An application has been filed in the reference cited, for regulation ofunapproved layout fplot as per the details shown here under:

I 1 Location of the layouUplot JT.S.No IDoor No.1 Plot No./Sy No.LayouUSub Division No.Street and LocalityCity/TownNiliage & mandai

2 Total extent of the Layout/Plot3 No. of plots4 Extent of open space already available

in the layout if any

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The above said application has been examined with reference to the A.P.Regulation of unapproved and illegal layout Rules 2007 and found to be not inaccordance with the said Rules. Hence the application is rejected for regulation forthe reasons mentioned below (Tick the appropriate itemlftems).i. Encroachment on Government Land.ii. Property belongs to public under takings.iii. Surplus land declared under Urban Land Ceiling I Agricultural Land Ceiling I

Lands resumed under A.P. assigned lands (POT).iv. Tank beds and Sikham lands.v. Areas covered under GO. MS. No. 111 MA dt. 8.3.1996.vi. Prohibited area under the Costal Regulation Zone and such otherenvironmentally restricted zones as may be prescribed.vii. Earmarked for Industrial use in the sanctioned Master Plans.viii. Site is under legallitigations/disputes.ix. Layout Iplot is in the bed of water bodies viz., river, nala, pond, cheruvu, kunta I

shikam lands and in Full Tank Level(FTL) of a lakex. Within 30 Mts. from the boundary of river course/Lakes of area 10 Ha and

abovexi. Within 9 Mts. from the boundary of Lakesl Kuntas / Shikam lands of area lessthan 10 Haxii. Within 9 Mts. from the boundary of Canal, Vagu etc.xiii. Within 2 Mts. from the defined boundary of nala

The applicant is informed that the unauthorized layout / plot would be treated ascontinuing offence and action will be taken to levy exemplary penalty.

Vice Chairman............................... Urban

Authority.Development

CommissionerMunicipality/MunicipalCorporation.

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ToSri/Smt. .

Copy to Assistant City Planner, Circle No Municipal CorporationCopy to Deputy Commissioner, Circle No Municipal CorporationCopy to Town Planning officer, .. MunicipalityCopy to TPSfTPBO . MunicipalityCopy to Revenue officer/Revenue Inspector, .. Municipality

Annexure -XI(Format of the progress report under LRS for the week ending )

................................. Municipality/Municipal Corporation

....................................... UrbanAuthority.

Development

Total No. Total Cumula No. of cases Total Total No. Salanc Penal Total Remarkof No. of live No. disposed during No. of of cases e No. amount penal s

applicatio applieat of the week cases disposed of collecte amountns ions applicat dispose upto the applieat d during collecte

received receive ions Regulate Return d end of the ions the dupto the during receive d ed during week pendin weekbeginning the d the g.of the week weekweek1 2 3 4(a) 4(b) 5 6 7 8 9 10

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APPLICATIONNUMBER BPS/ .

APPLICATION FOR PENALISATION OF UNAUTHORISEOLY CONSTRUCTEDBUILDING I BUILDING CONSTRUCTED IN DEVIATION OF THE SANCTIONED PLAN----------------------------------------------------------MUNI CIPA L CORPORATION I M U N rc IPALITY- -- -- -- --- -- -- -- -_ . _ _- .- -- -- -- -- --- -- -- -- -- -- -- --- -- -- -. - U R BA N D EVELOPM ENT AU T HORITY

1 Name of the Applicant

2 Postal Address3 Building Locationi T.S. No.H Door No.III Plot No.I V Layout I Sub Divn. No.V StreetVI LocalityVII City/Townl Village4 Furnish the followingi Copy of latest Property Tax receipt YES NOII Copy of Registered document duly attested by Gazetted Officer YES NOIII One Photograph showing the Elevation and roof slab YES NO5 Details of Site & Buildingi Plot Area (in Sq.m)ii Building Permit No. & Date if

anyIII Sanctioned Plan copy enclosediv No. of Floors Sanctioned and

height of buildingIV No. of Floors and height of

building from the road level ason site

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v Total Built Up Area Sanctioned(in Sq m)

vi Total Built Up Area as on site(in Sq m)vii Additional built up area built

a. Area in deviation tosanctioned plan withinpermitted floors

b. Area constructedwithout any permissionor over and above thepermitted floors

6 Road Access DetailsExisting Road Width of abuttingroad

7 Usage of the building as perapproved plan As per Sanctioned Plan(if any)a. Individual Residential Buildingb. Commercial Buildingc. Non-Residential Buildingd. Apartment complex

8 Total Penalisation chargespayable (as per SelfComputation Table duly filled in)

9 Demand Draft I Pay OrderI Amount:ii D.D.No.III Dateiv Name of the Bank & Branch10 Any court case is pending YES / NOreqarding ownership of the site11 If yes details may be enclosedseparately12 Certificate to be submitted by the Applicant:

As on ground

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v - I hereby certify that the Building Plans, Site Plan and the particulars furnished above aretrue and correct.

./' I declare that the property for which I am applying for penalisation is not a publicproperty and I further declare that there are no disputes/ legal cases pending in court oflaw regarding ownership of the site! building.

./' I also declare that my application is not in contravention of land use as per the MasterPlan.

./' In the event of the particulars furnished in the application are found to be not true, myapplication may summarily be rejected duly forfeiting the entire penal charges paid and Iam liable for enforcement action by the Competent Authority as per the law.

Date NamePlace Signature14 I Certificate to be Signed by the Licensed Technical Personnel:./' I hereby certify that the Building Plans and Site Plan are prepared by me duly taking the

measurements on ground. The technical data with regard to the permitted built up area, asper sanctioned plan and actual built up area existing at site, extent of built up area indeviation to sanctioned plan and total built up area without any building permission is trueand correct.

v -SignatureNameLicense No.and StampCategory Architect I Surveyor I Engineer I Others (specify)Address withContactNumbers15 I Certificate to be signed by the Structural Engineer:(Certificate to be submitted in case of the buildings of height above 15 m or above)

0/ I hereby certify that the building is structurally safe and the construction is in accordancewith the specified designs and that I will be held responsible if the same are not in orderat a later stage.

SignatureNameLicence No.Address withContactNumbe rs

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16.1. Fill up the table applicableTABLE-1

Self Computation Table showing Penalisation Charges for IndividualResidential Buildings I Commercial Buildings I other Non-Residential Buildingsfor the cases where Building Permission was obtained but deviated from thesanctioned plan

51. Category I Built Up Built Up Differenc %of Rate per TotalNo Subcategory Area as Area as e of area violation sft penal

per on site in (in sft) as per amountsanctioned (in sft) Annexure-I to beplan (in of the paidsft) Rules

(1) (2) (3) ( 4 ) ( 5 ) = ( 4 ) (6) = ( 7 ) (8) =(3) (5) I ( 5 ) x ( 7 )(3)x100

A. INDIVIDUAL RESIDENTIAL BUILDINGS:1 Upto G+2 floorsor 10mheight2 Above G+2floors and uptoG+4 floors orabove 10mandupto 15mheight

B. COMMERCIAL BUILDINGS:1 Up to G+1 floor2 Above G+1 floorand up to G+4

floors and upto15mHeight

3 Above 15 m inheight

c. Other Non-Residential Buildings Institutional J Educational/Industrial, etc.):1 upto 15mheight2 above 15minheight

Signature:Name:

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16.2. Fill up the table applicable

Self-Computation Table showing Penalisation Charges for IndividualResidential Buildings I Commercial Buildings lather Non- ResidentialBuildings for the cases where No Building Permission was obtained

Rate per S. ft. .51. Category I Built Up Area as per Total Penal AmountNo. Sub-category as on ground Annexure-I to be paid (in Rs.)(in sft) of the Rules(in Rs.)1 2 3 4 5 = 3x4A INDIVIDUAL RESIDENTIAL BUILDINGS:1 Up to G+2 floors or 10mheight

2 Above G+2 floors andup to G+4 floors andabove 10m and up to 15mB COMMERCIAL BUILDINGS

1 Up to G+1 floor

2 Above G+1 floor and up toG+ 4 floors andup to 15m Height3 Above 15 m in height ...

OTHER NONRESIDENTIAL BUILDINGS (Institutional f Educational f Industrial,C etc.)1 Up to 15m height

2 Above 15 m in height

SignatureName

16.3 Fill up the table applicable

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TABLE3

Self computing Table showing Penal Charges for Multiple Dwelling Units IFlats J Apartment Complexes

Permitted by Sanctioning Building Constructed WithoutAuthority but deviated permission IUnauthorised Floor

SL Category Penalisation Built Up Penalisation PenalisationNo. Area ofSub-category Charges Apartment Charges Chargesto be paid (in Sq. ft.) persft to be paid1 2 3(a) 3(b) 4(a) 4(b) 4(c) =4(a)x4(b)

ApartmentPlinth Area upHeight to 1000 sft

1 less than18 mtrs ApartmentPlinth Areamore than 1000sft

2 Height18 mtrs& above

Signature:Name:

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17. INDEMNITY BOND & UNDERTAKING(On Non-judicial Stamp paper of Rs. 100 & Notarised)(To be submitted along with Application Form)This Indemnity Bond and Undertaking executed on this day of____ 200- by Smt.lSri

S/o/W 1 0 . Age ___ Occupation _R/o _

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

IN FAVOUR OFThe Com miss ioner of ------ ----------------- ----------------- ------------ --------- ------'"----------/Vice-Chairman Urban Development Authorityherein after called the SECOND PARTY, which term shall include all officials andstaff of the MunicipalCorporation/Municipality/Urban Development Authority.

Whereas the FIRST PARTY has applied for the penalisation of the unauthorizedconstruction in Premises No.--------------------------- of ---------------------, --------------/Sy.No.------------------- of , __. Mandai, Districtin the site / plot covering an extent of sq m.Whereas the SECOND PARTY has agreed to consider penalisation of theunauthorized construction in the said site/ plot in terms of 'the Andhra PradeshRegulation and Penalisation of Unauthorisedly Constructed Buildings and Buildingsconstructed in deviation of the Sanctioned Plan Rules, 2007' and made it a conditionthat there shall not be any defect/litigations/Land Acquisition over the said site/landand the same shall be free from all claims of Govt.lBanks/and attachments of Courts,and the FIRST PARTY has to indemnify the SECOND PARTY to this effect.Whereas the FIRST PARTY having agreed to the aforesaid condition herebyindemnifies the SECOND PARTY with the above assurance and hereby solemnlydeclare that the above said site/land is the property of the FIRST PARTY which is

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possessed by him/her since the date of purchase and the same is free from alldefects, litigations, claims and attachments from any courts, etc. and in case of anydisputes/litigations arises at any time in future the FIRST PARTY will be responsiblefor the settlement of the same and the SECOND PARTY will not be a party to naysuch disputes/litigations.

Hence this Indemnity Bond.

FIRST PARTYWITNESSES:1. Name andaddress _

1. Name andadd res s _

Sworn and signed before me on this ------------ day of ---------- 200 in presence ofabove witnesses.

PUBLIC NOTARY

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18. List of documents to be enc