Move to check unauthorised constructions

Government is giving finishing touches to the A.P. Building Rules comprising uniform guidelines for all municipal corporations, municipalities and urban development authorities that would replace as many as six sets of official orders or Acts currently in operation, writes V. Geetanath

March 09, 2012 04:40 pm | Updated April 03, 2012 01:49 pm IST

HYDERABAD,27/06/2011: (STOCK PHOTO) Real Estate sector in Hyderabad 
---PHOTO:NAGARA GOPAL

HYDERABAD,27/06/2011: (STOCK PHOTO) Real Estate sector in Hyderabad ---PHOTO:NAGARA GOPAL

Individual buildings in plots upto 200 sq.mts with height upto seven meters in the municipal corporations like the GHMC and 300 sq.mts plots with height upto seven metres in other municipalities are likely to be exempted from the 10 per cent mortgage clause.

All other buildings, however, will have to hand over 10 per cent of the built up area in the ground floor or first/second floor to the sanctioning authority through a notarised affidavit.

It is to be five per cent of the units for cluster/row housing. Occupancy Certificate (OC) is also being made optional for individual buildings coming up in 100 sq.mts with height upto seven metres.

Otherwise, it is mandatory for all buildings across the State as the Government is giving finishing touches to the A.P. Building Rules – a comprehensive set of uniform guidelines for all municipal corporations, municipalities and urban development authorities.

These rules will be replacing as many as six sets of official orders or Acts currently in operation.

An earnest effort to prevent unauthorised constructions is being made involving other departments through these rules.

For issuance of an OC, the owner has to submit a completion notice through the registered architect and licensed builder/developer along with prescribed documents and plans to the sanctioning authority. Inspection will be made on the number of floors built, external setbacks, usage, parking space provision and abutting road widths.

Penal fee

Penal compounding fee equivalent to 100 per cent land value fixed by the Registration Department will be charged if side setbacks are found to be violated for upto 10 per cent for non-high rise buildings (upto 15 meters). Approval or refusal of grant of OC is to be communicated within 15 days or responsibility will be fixed on the officer concerned.

Licensing of builders, real estate companies, developers and builders is to be made compulsory for apartments, group housing, group schemes, high rises and commercial complexes.

Penal action for those violating norms or allowing unauthorised constructions are liable to debarred for five years from practising or conducting business, black listing and even prosecution under relevant laws.

The registration authority too will register the permitted built up area as per the sanctioned plan and only on producing the copy of the plan in respect of setbacks and number of floors. Financial institutions too have to extend loans to the permitted built up area as per the sanctioned plan.

Power, water supply and sewer lines connections will not be given unless OCs are produced or three times the tariff will be charged till an OC is obtained. Property tax rate will also be doubled each year for all such illegal buildings or those constructed in deviation to the sanctioned plan.

Other key issues of enforcement regulation include constitution of town planning and building tribunal as well as a building ombudsman. All public and semi-public buildings are to be constructed disabled friendly with proper facilities as per the National Building Code – 2005 while issuing OCs.

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