ANDHRA PRADESH GRAM PANCHAYAT LAND DEVELOPMENT (LAYOUT AND BUILDING) RULES, 2002

PREAMBLE

In exercise of the powers conferred by sub-section (1) read with clause (xvii) of sub-section (2) of Section 268 of the Andhra Pradesh Panchayat Raj Act, 1994 (Andhra Pradesh Act 13 of 1994), and in supersession of Andhra Pradesh Gram Panchayat Building Rules, 1972 issued in G.O. Ms. No. 377, Panchayat Raj (S. II) Department, dated 12-10-1973 and as amended from time to time and the rules, regulations and orders issued relating thereto the Governor of Andhra Pradesh hereby makes the following rules relating to the regulations or restrictions of the use of sites and for buildings.

Rule - 1.Short title, Commencement and Applicability.

(1)     These rules may be called the Andhra Pradesh Gram panchayat Land Development (Layout and Building) Rules, 2002.

 

(2)     They shall come into force from the date of notification.

 

(3)     These rules extend to all Gram Panchayat Areas of Andhra Pradesh except the areas falling in--

(a)      Urban Development Authority areas and Special Development Authority areas as notified by the Government under the provisions of the Andhra Pradesh Urban Areas (Development) Act, 1975;

 

(b)      Draft/Sanctioned General Town Planning Scheme/Master Plan areas of Municipal Corporations/Municipalities notified under the provisions of Andhra Pradesh Town Planning Act, 1920;

 

(c)      Andhra Pradesh Industrial Infrastructure Corporation (APIIC) Layout areas and other Notified Industrial Areas;

 

(d)      Any area notified accordingly by the Government from time to time.

 

(4)     The rules issued by the Municipal Administration and urban Development Department of the Government are deemed to be applicable for the areas mentioned in sub-rule (3) above.

 

(5)     These rules, shall apply in such areas concurrently only to the extent of?

 

(i)       levy of fees under sub-rules (3) and (4) of Rule 5.

 

(ii)      Inspections, monitoring and taking action on unauthorized developments and building permissions.

 

(iii)     Any other item for which no specific rules/orders are issued by the Government.

Rule - 2. Definitions.

In these rules, unless the contest otherwise requires, the following definitions shall apply. Words and expressions used but not defined in these rules shall have the meaning assigned to them in the National Building Code of India or standard dictionary meaning if not defined in the Code.

(1)     "Act" means the Andhra Pradesh Panchayat Raj Act, 1994 (A.P. Act 13 of 1994);

 

(2)     "Balcony" means a horizontal cantilevered projection, including a handrail or balustrade, to serve as passage or as sitting out place;

 

(3)     "Barn" means a building or structure with a roof of zinc sheets or tiles having flue pipes, furnace and tires used for flue coring of tobacco leaves;

 

(4)     "Basement or Cellar" means the lower storey of a building or Complex which is below or partly below the ground and to be used only for parking of vehicles;

 

(5)     "Betterment Charge" means a charge levied by the Technical approving authority for ensuring off site services and amenities to the area;

 

(6)     "Building" means any structure for whatsoever purpose and whatsoever materials constructed, and every part thereof whether used for human habitation or not. It includes foundation, plinth, walls, floors, roofs, chimneys, plumbing and building services, fixed platforms, verandah, balcony, cornice or projection, part of a building or anything affixed thereto or any wall enclosing or intended to enclose any land or space, and signs and outdoor display structures. Tents, pandals, shamianahs/tarpaulin shelters shall not be considered as buildings;

 

[1][(6A) "Building, Detached" A Building detached on all sides].

(7)     "Building Line" means the line upto which a building abutting a street or/road or extension of a street or future street may be allowed to be constructed. Building line is synonymous with the front setback and may be specified by the Executive Authority, Collector, the technical town planning unit or the Roads and Buildings Department or any other department that are responsible for ensuring the right-of-way of the street or road or highway that a plot abuts;

 

(8)     "Chajja" means a sloping or horizontal structural overhang usually provided over openings on external walls for providing protection from sun and rain;

 

(9)     "Chowk or Courtyard" means a fully or partially enclosed space permanently open to sky within a building at ground level and services as lighting and ventilating space besides for outdoor activities, etc.;

 

(10)   "Collector" means the Collector of the district and his office and officials;

 

(11)   "Conservancy lane" means a lane intended to be used mainly for scavenging purposes and not for providing primary access to any road, street, dwelling house, hut or building;

 

(12)   "Corridor" means a common passage or circulation space including a common entrance hall in a building;

 

(13)   "Cottage Industry" or "Customary Home Occupation" means a home occupation customarily carried out by a member of the family residing in the premises without employing hired labour, without display of goods, and which shall be non-hazardous and not affecting the safety of the inhabitants of the building and the neighbourhood, provided that no mechanical equipment is used except that as is customarily used for purely domestic or household purposes and/or employing licensable goods. If power is used, the total electricity load shall not exceed (10) H.P.;

 

(14)   "Development" means the carrying out of building, engineering, mining, or other operations in, or over, or under land or water, or the making of any material change, in any building or land, or in the use of any building or land, and includes redevelopment and layout and sub-division of any land, and "to develop" shall be construed accordingly;

 

(15)   "Development Charge" means a charge levied by the Technical Approving Authority under the provisions of the Andhra Pradesh Town Planning Act, 1920 and its amendments;

 

(16)   "Drain" means a system or a line of pipes, with their lettings and accessories such as manholes, inspection chambers, traps, gullies, floor traps and used for drainage of building or yards appurtenant to the buildings within the same cartilage. It includes an open channel for conveying surface water or a system for the removal of any liquid;

 

(17)   "Dwelling" means a house designed or intended to be used wholly or partially for human habitation together with such ut-house, latrine, cattle shed, store room or other extensions or erections as are ordinarily used or intended to be used therein;

 

(18)   "Executive Authority" means the executive authority of the Gram Panchayat which sanctions and releases the permissions and undertakes to ensure that the construction activity/layout development activity is carried out in accordance with the sanctioned plans, etc.;

[2][(18A) "Floor Area Ratio (FAR)" The quotient of the ratio of the combined covered area (Plinth Area) of all floors, excepting areas specifically exempted under these regulations, to the total area of plot, viz.,:--

FAR = Total floor area of all floors/Plot area.

(18B) "Gated Community Development" Means an exclusive Housing Development in an area with compound wall, access control through gates and having their own facilities and amenities. The housing units may comprise of Apartments Blocks, Detached, or Row Houses with or without its combinations.

(18C) "Group housing" Means a building proposed with one or more floors having five and more dwelling units having common service facilities where land is owned jointly or undivided share].

(19)   "Height of building" means the vertical distance measured from the average level of the ground around and contiguous to the building to the topmost point of the building in the case of the flat roofs; and in the case of sloping roofs upto the midpoint between the eaves level and the ridge. Parapet walls and architectural features for purpose of elevation features are excluded for the purpose of taking heights of buildings;

(20)   [3][Multi-Storied or High Rise Building" Includes a building whose height is more 15.0 Mts. in respect of commercial buildings and buildings of height more than or 18.00 Mts (With Stilt Floor for Parking) in respect of all other buildings, from the surface level of the land contiguous to such building and other building as per Fire Services Act 1999].

(21)   "Low Cost Housing" means housing development and schemes for socially and economically weaker/backward sections of the society at affordable costs of built up area and services. The requirements and construction specifications are as instructed by the Government from time to time. It includes low cost housing undertaken by public agencies, co-operative societies, Government or semi-Government bodies and also private developers with express permission of the Collector;

(22)   "Layout" means the laying out a parcel of lands into building plots with laying of roads/streets with formation, levelling, metalling or black topping or laying of the roads and footpaths, etc., and laying of the services such as water supply, drainage, street lighting, open spaces, avenue plantation, etc.;

(23)   "Means of Access" means an access to a building or plot from an existing public street or road through a road/street/pathway;

(24)   "Open Space" means an area forming an integral part of the plot, left open to sky;

(25)   "Owner" means a person, group of persons, a Company, Trust, Registered Body, State or Central Government and its attached subordinate departments, Public or Private Undertakings or Corporations and the like, who has title for the property or in whose name the property stands registered in the Revenue Records;

 

(26)   "Plot" means a continuous portion of land held in a single or joint ownership other than the land used, allotted, earmarked or set apart for any street, lane, passage, pathway, conservancy land or for any other public purpose;

 

(27)   "Plot coverage" means the ground area covered by the building and does not include the area covered by compound wall, gate, cantilever porch, chajja, well, septic tank, open platform and the like. It is expressed as percentage of the site/plot area;

 

(28)   "Reconstruction" of a building means and includes,--

(a)      the re-erection wholly or partly of the building after more than one half of its actual content has been pulled down or burnt down or fallen down at one time or at different times;

(b)      the conversion of a building into a factory, shop, office, warehouse, school or institution, one or more dwelling house, or a place of worship;

[4][(28A) "Raw Housing" A row of houses having only front, rear and interior open spaces].

(29)   "Setback" shall mean the space to be left fully open to sky from the edge of the building to the property line or boundary of the street. No, built-up space shall be provided within the setback except specifically permitted projections and other structures under these rules;

(30)   "Unsafe Buildings" means those buildings which are structurally unsafe, in sanitary or not provided with adequate means of egress or which constitute a fire hazard or are otherwise dangerous to human life or which in relation to exist use constitute a hazard to safety or health or public welfare, buy reason of inadequate maintenance, dilapidation or abandonment;

(31)   "Village Settlement" or "Grama Khantam" or "Agraharam/Abadi" means all lands that have been included as Agraharam/Abadi by the Government/Collector within the site of village and includes existing village hamlets.

PART?A Layout Rules

Rule - 3. Application for Layout Permission.

(1)     Every person or a corporate body or the Government or a private corporate body who intends to undertake or carry out layout or development work shall apply in writing to the Executive Authority of such intention in the form prescribed in Annexure-A appended to these rules.

 

(2)     The layouts prepared by the Revenue Department for distribution of pattas to the weaker section shall be in accordance with these rules. In case of Weaker Section Housing Programme the guidelines issued by the State Government should invariably be followed.

 

(3)     The application for permission shall be accompanied by,--

(i)       A site plan drawn to scale of not less than 1:1000 showing all physical details of the land, boundaries of the land, the surrounding existing layouts/lands, and existing approach road to the land where the layout is proposed;

 

(ii)      A Layout Plan (in required number of copies) drawn to a scale of not less than 1:500 showing boundaries of land, proposed number of building plots with dimensions and area of each plot and its uses as per these rules, alignment and width of the proposed streets/roads, dimensions and areas of open space provided according to these rules;

 

(iii)     A statement of the details and dimensions of each plot, percentage of area under open spaces, roads, amenities and plotted area;

 

(iv)    High Tension/Low Tension Electricity Lines, water-mains, sewer lines, telephone and telegraph lines, alignment and right-of-way of National/State Highways/Major/Minor District Roads passing through the layout site;

 

(v)      Certificate of Undertaking in prescribed form jointly by owner and qualified Surveyor/Engineer (appended at Annexure-A), for carrying out the development works as per standards;

 

(vi)    Copy of the ownership documents of the plot/property/land concerned together with a Non-Encumbrance Certificate from the Registration Department;

 

(vii)   Certificate of demarcation of site by Assistant Director, Survey and Land Records, Department;

 

(viii)  Layout scrutiny charges and inspection charges as prescribed in the Personal Deposit Account of Director of Town and Country Planning;

 

(ix)    A Security Deposit as prescribed by the Government for the due fulfillment of the conditions imposed or in lieu of such deposit, a security in the shape of land of such extent equivalent in the value of cash deposited in the area covered by the layout shall be mortgaged through a registered mortgage deed in favour of Gram Panchayat or in the form of bank guarantee equivalent to the amount of security deposit in the form prescribed in Annexure-D appended to these rules;

 

(4)     The layouts prepared by the Revenue Department for distribution of pattas to the weaker section shall be in accordance with these rules. In case of Weaker Section Housing Programme the guidelines issued by the State Government should invariably be followed.

 

(5)     The application for permission shall be accompanied by,--

 

(i)       A site plan drawn to scale of not less than 1:1000 showing all physical details of the land, boundaries of the land, the surrounding existing layouts/lands, and existing approach road to the land where the layout is proposed;

 

(ii)      A Layout Plan (in required number of copies) drawn to a scale of not less than 1:500 showing boundaries of land, proposed number of building plots with dimensions and area of each plot and its uses as per these rules, alignment and width of the proposed streets/roads, dimensions and areas of open space provided according to these rules;

 

(iii)     A statement of the details and dimensions of each plot, percentage of area under open spaces, roads, amenities and plotted area;

 

(iv)    High Tension/Low Tension Electricity Lines, water-mains, sewer lines, telephone and telegraph lines, alignment and right-of-way of National/State Highways/Major/Minor District Roads passing through the layout site;

 

(v)      Certificate of Undertaking in prescribed form jointly by owner and qualified Surveyor/Engineer (appended at Annexure-A), for carrying out the development works as per standards;

 

(vi)    Copy of the ownership documents of the plot/property/land concerned together with a Non-Encumbrance Certificate from the Registration Department;

 

(vii)   Certificate of demarcation of site by Assistant Director, Survey and Land Records, Department;

 

(viii)  Layout scrutiny charges and inspection charges as prescribed in the Personal Deposit Account of Director of Town and Country Planning;

 

(ix)    A Security Deposit as prescribed by the Government for the due fulfillment of the conditions imposed or in lieu of such deposit, a security in the shape of land of such extent equivalent in the value of cash deposited in the area covered by the layout shall be mortgaged through a registered mortgage deed in favour of Gram Panchayat or in the form of bank guarantee equivalent to the amount of security deposit in the form prescribed in Annexure-D appended to these rules;

 

(6)     The owner of any land or groups of owners/developers who intend to sub-divide or layout the land into building plots in the Revenue Survey Nos. area of the Village, i.e. outside the Gram Kantam or settlement area shall:--

 

(a)      apply to the Executive Authority for necessary layout permission as prescribed in sub-rule (1) and in accordance with these rules;

 

(b)      carryout the layout development works as per specifications and standards appended in Annexure-B of these rules before disposing the plots.

 

(7)     For a lot abutting existing major roads or highways, plot sub-division permission is necessary, which has to comply with thee rules. No building permission shall be entertained unless such subdivision permission is obtained first and all chargers as mentioned in Rule 5(3) and 5(4) are paid.

 

(8)     For areas covered by Indicative Land Use Plans of Mandal headquarters, approved by the Director of Town and Country Planning, the proposals shall be in conformity with such development plan and provisions contained therein.

Rule - 4. Minimum requirement for approval of Layout.

(1)     The layout proposal shall conform to the requirements:

 

(a)      shall have approach through an existing road, the width of such shall not be less than 10 meters (in case of land-locked plots, the owner has to ensure the approach road through neighbouring lands accordingly;

 

(b)      [5][The minimum plot size in residential layouts shall be 120 Sq. meters with minimum frontage of 10 meters and the minimum plot size for non-residential layouts shall be 300 Sq. meters except in case of Commercial or Mercantile buildings for which the minimum plot size shall be 18 Sq. Mts.].

 

(c)      minimum open space set apart in the proposed layout for playground/park/educational institution or for any other public purpose shall be at the rate of 10% of the total site area;

 

(d)      the minimum plot size for non-residential layouts shall be 300 Sq. Meters except in case of Commercial or Mercantile buildings for which the minimum plot size shall be 18 Square Meters;

 

(e)      the layout proposals shall comply with the restrictions mentioned in Rule 5 of these rules;

 

(f)       the applicant should provide a service road of minimum 10 meters width for the layout if the land is abutting to National Highway having less than 60 meters width.

[6][TABLE]

As per the National Building Code the following are required (by following Architectural space standards)

Rule - 5. Required specifications and conditions.

(1)     The owner of a site shall undertake the following works under the supervision of Executive Authority with the Surveyors after intimation of the layout approval by the Executive Authority:

 

(i)       Levelling with suitable gradient and formation of all roads with sub-surface, kerbstones, metalling of the carriageway, side drains as per specifications in Annexure-B;

 

(ii)      Construction of drains and channelization of nalas for allowing storm water run-off. These may be channelised in such a way as to conserve or harvest the water in nearest water body or public open space, etc.;

 

(iii)     Undertake greenery in the layout including avenue plantation, in public open spaces, etc.;

 

(iv)    Fencing of open spaces;

 

(v)      Unless the conditions specified above are fulfilled, the owner shall not be entitled to utilize, sell, lease or otherwise dispose of the land or any portion thereof;

 

(2)     The following works shall be undertaken through the Executive Authority upon payment of proportionate charges at a latter date:

 

(a)      street lighting and electricity facilities;

 

(b)      provisions of sewerage disposal system and protected water supply system are optional;

 

(3)     Application scrutiny fees and other charges to be levied by the Executive Authority. The applicant shall pay the layout inspection and scrutiny fees in the Personal Deposit Account of Director of Town and Country Planning as prescribed by the Government from time to time.

(4)     Other Charges: In addition to the above, the Executive Authority shall levy development charges and betterment chargers as specified by the Collector or Government as the case may be.

Rule - 6. Sanction or refusal of Permission.

(1)     The layout proposals with plans/drawings and specifications may be sanctioned with or without modifications or directions as are deemed necessary or refused by the Executive Authority within:

 

(i)       90 days from the date of application in case of layout applications;

 

(ii)      any application with all the required particulars not disposed off within a period of 90 days from the date of receipt in the Gram Panchayat Office, shall deemed to have been sanctioned in accordance with the provisions of these rules;

 

(iii)     however any construction or development of layout carried out under deemed provisions cannot be in contravention of any of the layout and building rules.

Rule - 7. Duration of sanction.

The permission for layout development shall remain valid for two years during which time the layout works shall be completed, and if not completed the permission for layout development shall be revalidated on application subject to the rules then in force and payment of 10% of the fees and charges.

Rule - 8. Revoking of Permission.

The Executive Authority or District Panchayat Officer may revoke any permission issued under these rules whenever it is found that thee has been any false statement or wrong permission is issued or any misinterpretation of any material fact or rule on which the permission was sanctioned.

Rule - 9. Deviations during construction/undertaking of layout works.

If during the execution of any layout, any deviation is made from the sanctioned plan the owner shall obtain revised sanction as per the above procedure and rules.

Rule - 10. Responsibilities and Duties of Owner.

The owner who has been given sanction shall be wholly and solely responsible for the equality of workmanship of layout development works, and for ensuring safety during the construction/development works, etc.

Rule - 11. Prior Technical Approval from Director of Town and Country Planning is necessary for certain permissions.

(1)     The Competent Authority for the technical approval:

 

(a)      The District Town and Country Planning Officer is the Competent Authority to accord technical approval for the layouts:

 

(i)       in the villages with 10,000 or more population;

 

(ii)      in the Urban Centres to be notified separately by the Director of Town and Country Planning;

 

(iii)     in all the Mandal headquarters irrespective of the population of the village.

 

(b)      The Gram Panchayats of villages with less than 10,000 population are competent to accord sanction for the layouts in their respective villages, wherever the Indicative Land use Plan is prepared for the village by the Town and Country Planning Department, the layouts sanctioned prepared will be in conformity with them.

 

(i)       in respect of the villages with more than 5,000 and less than 10,000 population the District Town and Country Planning Officer shall prepare Indicative Land Use Plans and keep them available with the respective Gram Panchayats;

 

(ii)      in respect of the villages with less than 5,000 population the District Town and Country Planning Officer shall get the Indicative Land Use Plans by engaging the qualified personal and approve them and keep them available with the respective Gram Panchayats.

 

(2)     On receipt of the application for layout approval, the Executive Authority may call for further particulars, if required and necessary. The applicant shall furnish the required particulars within ten days from the date of receipt of the notice by him. The Executive Authority shall thereafter forward the proposals to The District, Town and Country Planning Officer wherever necessary, with the layout plan and full particulars within a period of ten days from the date of receipt of particulars from the applicant wherever required. The District Town and Country Planning Officer shall within thirty (30) days after furnishing of all the particulars to them, forward the tentatively approved layout to the Executive Officer, Gram Panchayat concerned. The Executive Officer of the Gram Panchayat may submit a report within fifteen days after laying the Water Bound Macadam (WBM) roads by the applicant as per the specifications appended at Annexure-B of these rules. The concerned District Town and Country Planning Department shall inspect the site and approve the layout within fifteen (15) days, if the demarcated tentative layout is in accordance with the tentatively approved layout and in accordance with these rules; and shall communicate the technical clearance for final approval of the layout to the Gram Panchayat concerned for all those falling within above sub-rule (1)(a).

 

(3)     The Executive Authority shall within fifteen (15) days of the receipt of the technical approval from the District Town and Country Planning Officer, communicate to the applicant with such conditions and modifications subject to which the layout will be considered for approval indicating the estimated cost of development and the amenities.

 

(4)     The applicant shall within ten (10) days after the receipt communication, communicate to the Executive Authority of the Gram Panchayat his agreement in form prescribed in Annexure-E appended to these rules with an additional non-returnable deposit of the sum equivalent to 5% of the provisional estimated cost of works to be executed by the Gram Panchayat.

 

(5)     Applicant can deposit amount in cash or shall give bank guarantee as prescribed in Annexure-D or execute mortgage deed equivalent to estimated cost in the form prescribed Annexure-F appended to these rules.

 

(6)     If a reply is not received from the applicant within 10 days of the receipt of the communication referred to in sub-rules (4) and (5) above, the original application shall be treated as having lapsed.

 

(7)     All the roads and open spaces such as parks and playgrounds earmarked in accordance with these rules in a layout, which is approved by the Gram Panchayat shall automatically stand transferred free of cost, and vest with the Gram Panchayat free from all encumbrances. After such vesting, the Gram Panchayat shall maintain all such open spaces for the purpose for which they have been earmarked.

 

(8)     Such sanction may be refused on any of the following grounds namely:

 

(i)       applications not received in the prescribed form and not accompanied by the documents mentioned in the Rule 3;

 

(ii)      if the proposed street or road in the layout does not confirm to the provisions of the Act or the rules made thereunder;

 

(iii)     if, the proposed street or road is not so planned as to connect at least at one end with a street which is already open; or

 

(iv)    if, adequate area has not been set apart for public purposes under Rule 4(1)(c).

Note:--The Executive Authority shall maintain registers of all layouts, fees and charges collected in prescribed manner.

Rule - 12. Offences and Penalties.

(1)     Any person who contravenes any of the provisions of these rules or any requirements or obligations imposed on him by virtue of these rules shall be guilty of an offence and upon conviction by the District Panchayat Officer shall:

(a)      be punished with a fine as prescribed by the Government and in case of continuing offence a daily fine until the contravention is made good or removed;

 

(b)      Executive Authority shall require owner to take suitable actions including demolition of unauthorized works and in case of non-compliance it shall enforce;

 

(c)      take suitable action against technical personnel, which include prosecution or debarring him from further practice up to five years.

 

(2)     In the case of unauthorized layouts, the District Panchayat Officer or his officers may take any of the above actions and issue suitable instructions to the Executive Authority or any other body for necessary action against the unauthorized layouts, besides taking action on the Executive Authority for allowing such unauthorized layout developments.

Rule - 13. Status of existing Gram Panchayat/previously approved layouts.

(1)     These layout rules shall apply to all existing layouts in the Gram Panchayat areas. Those layouts that have not complied with valid approval, or having shortfall in layout development works or open spaces or road widths, etc., as per these rules shall be got regularized first from the Collector, without which no building permission shall be entertained or accorded. The regularization would be based on levy of pro rat charges for shortfall of open spaces, collection of pro rata betterment charges and development charges and improvement of the road pattern and drainage, etc., which has to be borne by the owners of the plots colony. The regularization would be with reference to a cut off date to be notified separately.

 

(2)     The Executive Authority shall be responsible for identifying and arresting such unauthorized layouts.

PART?B Building Rules

Rule - 14. Application for Building Permission.

(1)     The application for permission to construct building shall be accompanied by a site plan drawn to scale of not less than 1:500 in a prescribed application appended at Annexure-G:

 

(i)       The existing approach road or means of access with width;

 

(ii)      The boundaries, giving the dimensions of the site and of any contiguous land belonging to the owner thereof;

 

(iii)     All existing buildings position in the site, if any;

 

(iv)    The position of the site in relation to neighbouring streets, if any;

 

(v)      Space to be left about the building to secure free circulation of air, admission of light and access for scavenging purposes;

 

(vi)    Any existing physical features such as wells, drains, trees, etc.;

 

(vii)   The ground area of the whole property and the built-up area;

 

(viii)  The plans of the building, elevations and sections drawn to a scale of not less than 1:100 of all floors showing uses of all parts of the building;

 

(ix)    Give general specifications of proposed construction and type of materials used, and also giving information of services about water supply, drainage disposal etc., and duly signed by the owner and the qualified Surveyor/Engineer/Architect as prescribed in the application form in Annexure-G appended to these rules.

 

(2)     No such application for permission shall be deemed necessary for the following minor alterations, repairs in any existing building in accordance with these rules:

 

(a)      providing or closing of a window or door or ventilator not opening towards other's property;

 

(b)      undertaking fencing or construction of compound wall;

 

(c)      providing intercommunication doors;

 

(d)      transparent washing/painting;

 

(e)      plastering and patch work; and

 

(f)       re-flooring.

Rule - 15. Exempted Buildings.

(1)     The following operational construction of the Government whether temporary or permanent, which is necessary for the operation, maintenance, development or execution of any of the following services, are exempted from the purview of these rules:

 

(a)      Railways;

 

(b)      National Highways, State Highways and major District Roads;

 

(c)      Works undertaken by the District Administration/Zilla Praja Parishad/Mandal Praja Parishad/Gram Panchayat;

 

(d)      Waterways;

 

(e)      Ports;

 

(f)       Airways and Aerodromes;

 

(g)      Defence;

 

(h)     Any other service which the Government may declare to be a public utility service from time to time for the purpose of this clause.

Rule - 16. Sites considered for Building Activity.

No site or parcel of land shall be used for building activity unless it is approved as building plot or forms part of an approved layout. This rule, however, shall not be applicable in case of:

(a)      sites and properties in existing settlement areas;

 

(b)      farm buildings;

 

(c)      industrial and non-residential buildings abutting highways/main roads.

Rule - 17. Minimum plot size requirements.

(1)     The minimum requirement of plot area for non-residential, industrial buildings and the building proposals consisting of G.F.-2 floors and above except Commercial or Mercantile buildings shall be 300 sq. Meters.

 

(2)     The minimum requirement of plot area for residential apartments, complexes shall be 335 Sq. Meters.

Rule - 18. Means of Access for considering Building Permission.

(1)     Minimum approach road/Means of Access requirement in Gram Khantam/Settlement area shall be 3.6 meters;

 

(2)     Minimum approach road/means of Access requirement for residential complexes/all non-residential buildings shall be 12 meters.

Rule - 19. Proximity of electric supply lines-withholding permission.

(1)     Before granting permission for the construction or re-construction of or the addition or alteration to a building, the Executive Authority shall take into consideration the proximity of electric supply lines, if any, and shall withhold permission for such construction, re-construction, addition or alteration, unless suitable arrangements are made by the applicant to meet the requirements of the permission of the Indian Electricity Act, 1910 and the rules made thereunder and unless the clearance between the electric supply lines, and the building are kept as shown in the Annexure-H.

Rule - 20. Permissible Height and Setback requirements.

(1)     The minimum open spaces/setbacks (open to sky) and height restrictions shall be as follows for considering the building permissions in Minor Gram Panchayats:

(i)       Height permissible: 9 meters or G + 2 floors in Gram Khantam and 13 meters or G + 2 floor height in Revenue survey number areas;

(ii)      Setbacks

In Gram Khantam:

Front setback or building line: 1.50 meters

Rear Setback: 1.00 meters

(iii)     Where the lighting and ventilation of a building is through the means of a chowk or inner courtyard, such open space shall be open to sky and of area at least 3.0 sq. meters and no side less than 1.5 meters;

(iv)    In Revenue Survey number areas:

Front Setback : 3.00 meters

Rear Setback : 2.00 meters

Sides Setbacks : 1.50 meters on each side;

(v)      In case of corner plots the front building setback shall be left on all sides abutting the roads.

(2)     The minimum open spaces/setbacks (open to sky) and height restrictions shall be as follows for considering the building permissions in Major Gram Panchayats;

(i)       In Gram Khantam/Settlement areas:

Height permissible - 9 meters

Setbacks : floors or G + 2

Front Setback: 1.50 meters

Rear Setback: 2.00 meters;

(ii)      Where the lighting and ventilation of a building is through the means of a chowk or inner courtyard, such open space shall be open to sky and of area at least 3.0 sq. meters and no side less than 1.5 meters.

(3)     The minimum open spaces/setbacks (open to sky) required and height restrictions shall be as follows for considering the building permissions in Revenue survey number areas:

(i)       Height permissible:

13 meters or G + 3 Floors for Residential, 15 meters or G + 4 Floors for Non-residential,

For Industrial as per requirement.

(ii)      Setbacks and Coverage permissible

(4)     For buildings abutting highways a building line of 6 meters shall be maintained irrespective of the plot size.

(5)     In case of corner plots the front building setback shall be left on all sides abutting the roads.

(6)     Where the lighting and ventilation of a building is through the means of chowk or inner courtyard, such open space shall be open to sky and of area at least 9.0 sq. meters and no side less than 3 meters.

Rule - 21. Restrictions of building activity in vicinity of certain areas:

(a)      no building activity shall be allowed in the bed of water bodies like river, lake, pond or nala, etc.

(b)      no building activity shall be carried out within:

(i)       30 meters from the boundary of Rivers and Lakes of surface area for 10 Ha. and above;

(ii)      15 meters from the boundary of lakes of surface area for less than 10 Ha.;

(iii)     9 meters from Nalas, Canal, etc.

(c)      for building activity within the restricted zone near the Airport or defence areas/Military establishments, necessary clearance from the concerned Airport Authority/Defence Authority/shall be obtained;

 

(d)      in case of sites in vicinity of High Tension Electricity Transmission Lines minimum safety distance (both vertical and horizontal) of three (3) meters shall be maintained between the buildings and the High Tension Electricity Lines;

 

(e)      in case of Railway line, a minimum distance of (30) meters shall be maintained from the edge of the Railway property, and in built up areas where land cost is high, sufficient space shall be left to safeguard the interest of the Railways.

Rule - 22. Projections and exemptions in open spaces.

(i)       Chajjas/whether shades of width not exceeding 60 cm shall be allowed in the mandatory setbacks;

(ii)      In case of plots more than 300 sq. meters, the following accessory uses may be allowed in the front or rear open spaces the height of these accessory buildings shall not be more than 2.75 meters;

(iii)     A cowshed or store-room, latrine may be allowed in rear open space;

(iv)    An outhouse, open staircase may be allowed in front open space. In case of non-residential buildings, parking, sheds, guardroom, overhead water tank, sump, septic tank, well may be allowed in the open spaces;

(v)      Balconies shall be allowed only within the mandatory open spaces and not allowed to project on to the open spaces.

Rule - 23. Parking requirements.

(i)       In all complexes including residential complexes, hotels, restaurants and lodges, business buildings, commercial buildings, institutional buildings like hospitals, educational buildings like school and colleges, etc., and all other nonresidential activities provision shall be made for parking spaces at per the following requirements:

(ii)      The parking spaces in case of complexes can be in basement or cellar or on stilt floor or in the open space over and above the minimum setbacks to be left around the building with adequate vehicular access, aisle, drives, ramps required for maneuvering of vehicles;

(iii)     The cellar shall be restricted to building line and a minimum of 1.5 meters safe distance has to be maintained on sides and rear side.

(iv)    The width of the ramp shall not be less than 3.6 meters and the slope of the ramp shall not be less than 1 in 8.

Rule - [8][23A. Row Housing.

(x) ??In sites exceeds Ac. 6.00 in extent then 5% of the total area shall be reserved for facilities and amenities apart from land reserved towards open space.

(xi) ??Every room shall be provided with proper ventilation as per the standards in force.

Rule - 23B. Group Housing.

9. Parking:

(a)      Basement/Stilt/First floor may be permitted for parking.

(b)      Basement can extend up to 1.50m from boundary on three sides i.e., except on front side.

 

(c)      The ramp shall have a minimum width of 3.60m minimum slope of 1 in 8 and shall be within the building line. Such ramps shall be Min. two in number, separately ingress and egress where the ingress shall have direct access from front set back.

 

(d)      The parking spaces should be efficiently designed and clearly marked and provided with adequate access, aisle, drives and ramps required for easy maneuvering of vehicles.

 

(e)      Up to 10% of cellar may be utilized for utilities and non-habitation purpose.

 

(f)       The front setback over and above 6 m may be considered for off-street parking purpose.

 

(g)      Visitor's parking to be provided shall be 10% of the parking requirement and may be accommodated in the mandatory setbacks other than the front setback, wherever such setbacks are more than 6m. The visitor's parking facility shall be open to all visitors.

 

(h)     In respect of Apartment Complexes/Building/Block, in sites up to 750 sqm/he 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.

 

(i)       Open parking may be allowed in areas excluding mandatory setbacks and open spaces.

Rule - 23C. High Rise or Multi-Storied Building:

(v) Setbacks:

(vi) ?The distance between two blocks shall not be less than half of the height of the taller building.

(vii) The Min. width of the corridor shall be : 2.00 Mts.

Other Specifications:

(i)       All the proposals of Multi-storied building shall have N.O.C. of Director of Fire Services under A.P. Fire Services Act.

 

(ii)      N.O.C. of Airport Authority of India is required.

 

(iii)     The structure designs and drawings shall be verified by an officer not below the rank of S.E. of Panchayat Raj Department.

 

(iv)    The Local Authority shall obtain an undertaking to the effect i.e., whether the owner is taking up the construction on his own or entrusting it to a builder/construction firm and if so the details of the builder/construction firm i.e., name, present and permanent addresses, members of the firm if any, duly countersigned by the builder/construction firm.

 

(v)      Report of Soil Test/Geo-technical Investigation Report issued by Institution/Consultant empanelled with the Local Authority.

 

(vi)    Structural designs and drawings prepared duly taking the soil bearing capacity into consideration and certified by qualified Structural Engineer/Consultant Firm empanelled with the Local Authority.

 

(vii)   Building Plan and Application shall be invariably signed by the owner of the property, builder if any, the Architect and the Structural Engineer who designed the structure with their present and permanent addresses.

 

(viii)  If the construction is being taken up by a builder, an attested copy of the registered agreement entered between the owner of the property and the builder shall be submitted. In case of any changes in the agreement at a later date, a copy of the same shall also be submitted to the Local Authority.

 

(ix)    An undertaking on a Stamp Paper of Rs. 100/- duly signed by the owner and builder specifying that no flat or built-up area shall be given possession to the purchaser/tenant unless they obtain the Occupancy Certificate from the Local Authority and all regular service connections are provided.

 

(x)      Contractor takes all Risks Insurance Policy for the construction period.

 

(xi)    The owner/builder shall employ a Site Engineer who shall maintain a register, in which the Site Engineer, Architect and Structural Engineer shall record their comments at regular intervals i.e., at foundation level and at each slab level and submit report to Local Authorities.

 

(xii)   No construction shall proceed without engaging the services of Architect, Structural Engineer.

 

(xiii)  The construction without Site Engineer shall be treated as construction without permission.

 

(xiv)  In case Site Engineer/Structural Engineer/Architect is changed by the owner/builder during the course of construction or the Architect/Structural Engineer disassociate themselves with the ongoing project the same shall be reported to the Local Authority by the owner/builder within seven days by registered post or in person along with consent letters of newly engaged Site Engineer/Structural Engineer/Architect.

 

(xv)   The Builder, Site Engineer, Structural Engineer, Architect shall jointly and severally be held responsible for the structural stability during the building construction and for a further period of three years from the date of obtaining Occupancy Certificate.

 

(xvi)  The Occupancy Certificate shall be issued by the Local Authority only after submission of the following documents by the owner/builder.

(a)      Building Completion Certificate issued by the Architect duly certifying that the building is completed as per the sanctioned plan and specifications.

 

(b)      Structural Stability Certificate issued by the Structural Engineer duly certifying that the building is structural safe and the construction is in accordance with the specified designs.

 

(c)      An extract of the site registers containing inspection reports of Site Engineer, Structural Engineer and Architect.

 

(d)      Insurance policy to the completed building for a minimum period of three years.

 

(xvii) The water, sewerage connection and regular power connection shall be given by the concerned agencies only after production of Occupancy Certificate issued by the Local Authority.

 

(xviii)   The designs and plans shall be scrutinized by a committee comprising of following members before forwarding the proposals for the technical clearance by the Director of Town and Country Planning.

1.        Regional Deputy Director of Town Planning.

2.        Superintendent Engineer, PR Department.

3.        Dist. Panchayat Officer.

4.        Panchayat Secretary concerned.

5.        A representative of IIA, A.P. Chapter

(xix)  In case of failure to follow any of the above provisions, the Local Authority shall black-list the builder/Construction Firm/Architect/Site Engineer/Structural Engineer apart from initiating other necessary action under relevant Rules, Acts, Regulations etc., and they shall not be entitled to take up construction activity for Group Housing/such projects for a further period of five years in any of the site falling under the urban body of the State.

Rule - 23D. Gated Community Development.

(a)      Row Housing, Detached, Group Housing and Multi-stored Buildings may be allowed.

(b)      An Access of minimum 9 Mts thoroughfare shall be provided 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 site area : 10,000 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.

In sites exceeding Ac. 5.00 in extent then 5% of the total area shall be reserved for facilities and amenities apart from land reserved towards open space.

(f)       Building requirements:--The building setback requirements are as per type and category of housing. The side setback may be transferred to another side duly maintaining minimum of 1.00 m on one side in case of detached housing.

(g)      Internal Road requirements:--

Min. 12 Mts for main internal approach roads:

9.0 m for other Internal roads

(h)     Other requirements:--All infrastructure in the scheme area shall be carried through ground ducts only.

 

(i)       All specifications shall be of ISI standard.

 

(j)       The developer shall provide separate Garbage and Sewerage Treatment Plant for the project area.

 

(k)      No wastage generated within the scheme area shall be spill over on to the adjoining areas.

 

(l)       Maintenance of infrastructure and amenities within the scheme area shall be given to a company formed on mutual terms and conditions of residents and developers.

 

(m)    The developers shall not put any burden of provision and maintenance of infrastructure within the scheme area, on the Local Body.

 

(n)     The developers has to set apart 20-25% of the developed area for LIGs/Ews Housing and allotment to the target group shall be done through the Housing Agency.

 

(o)      The applicant has to set apart and develop the 10% of the area for public purpose.

 

(p)      The Local Body and all other Government agencies shall have uninterrupted access to the scheme area.

 

(q)      They shall obey all rules and regulations of the Local Body in respect of tax payments, licensing, etc.

 

(r)      The project shall satisfy the provisions of Water Land and Trees Act, 2002.

 

(s)      The Local Body retains the right to takeover the area under the scheme after issuing notice to the management in the event of any dispute.

 

(t)       The Local Body retains the right to declare any road as public road in the interest of overall connectivity and network in future.

All emergency services shall be provided as required by the respective agencies like Fire Stations, Police Station, Post Office, etc.

Rule - 23E. Rain water harvesting.

(1)     Every building proposed for construction shall be provided with required facilities and infrastructure for conservation and harvesting of rain water.

(2)     Percolation pits or Trenches:--The paved surface around the building shall have percolation pits or Trenches or combination of pits and Trenches in such a way that total volume of such structure shall not be less than 6 Cum for each 100 Sq. mts of roof top area and multiples thereon. Depending on the geomorphological and topographical condition, the pits can be of size 1.2m wide x 1.2 m long x depth of 2 to 2.5m. The trenches can be of width of 0.6 x length of 2 to 6 m x depth of 1.5 to 2.0 meters terrace water shall be canalized, through pits and or trenches. The pits shall be back filled with filter media comprising of the following materials.

(a)      40 mm Road metals the bottom layer up to 50% of the depth.

(b)      20 mm road metal as the lower middle layer up to 20% of the depth.

(c)      Course sand as the upper middle layer up to 20% of the depth.

(d)      Top 10% of the Pits/Trenches will be empty and a splash pad is to be provided in such a way that roof top water falls on the splash pad.

(e)      Brick masonry wall is to be constructed and cement mortar plastered on the exposed surface. The depth of wall below the ground shall be in such a way that the wall prevents loose soil going into pits/Trenches. The projection of the all above ground could be minimum of 15 cm.

(f)       Perforated concrete slabs shall be provided on the pits and trenches.

(3)     Terrace water collection:--The terrace shall be connected to a sump or the wall through a filtering tank by P.V.C. pipe. A value system shall be incorporated to enable the first part of the rainwater collected to discharge out to the ground, if it is dirty.

(4)     A filtering tank measuring 1m x 1m x 1m meter can be constructed near sump. The tank can be divided by a partition slab and one part shall be filled by fine sand and other by course sand. The bottom portion of the tank should have slope to avoid stagnation of water.

(5)     Open ground: Whenever there is a open ground, the top soil shall be removed over a portion of the ground and back filled with course sand to allow percolation of rainwater.

(or)

(6)     Any other methods proved to be effective in conservation and harvesting of rainwater may be adopted in each and every construction taken up.

(a)      The proposal shall comply with the provisions of Water, Land and Tress Act, 2002.

(b)      Environmental clearance of the project shall be obtained as per Environmental Impact Assessment (E.I.A.) Notification 1994.

(c)      Necessary land Conversion Certificate from Agricultural to Non-Agricultural purpose shall be obtained from the Revenue Authority. As per A.P. Agricultural Land (Conversion for Non-Agricultural purposes) Act, 2006.

 

(d)      All the proposals shall have a provision in the Building design itself for solar water heating system. The Local Body shall insist on a security deposit for effective compliance.

Rule - 24. Application scrutiny fees and other charges to be levied by the Executive Authority.

The Executive Authority shall levy application and scrutiny fees for all applications as notified by the Government from time to time. However the weaker section-housing programme is exempted from levy of fees and duties.

Rule - 25. Other charges.

In addition to the above, the Executive Authority shall levy Development Charges and Betterment Charges as specified by the Collector or Government.

Rule - 26. Sanction or refusal of permission.

(1)     The layout plans/building plans with drawings and specifications may be sanctioned with or without modifications or directions as are deemed necessary or refused by the Executive Authority within;

(i)       (15) days in case of individual residential buildings;

(ii)      (30) days in case of other buildings;

(2)     Where no orders are communicated by the Executive Authority of sanction or refusal of the permission, the Executive Authority shall be deemed to have permitted the proposed permission and the owner may go ahead with the work provided that the same;

(i)       is in accordance with these rules;

(ii)      the owner intimates in writing of his undertaking the construction/development.

(3)     [9][No site shall be used for the construction of a building intended for public worship or religious purposes without the prior approval of the Collector of the District who may refuse such approval if, in his opinion, the use of the site for the proposed construction of the building is likely to endanger public peace and order, after giving an opportunity to the applicant to show cause against such refusal].

Rule - 27. Duration of sanction.

The permission for building construction shall remain valid for two years during which time the building construction shall be completed, and if not completed the permission for building construction shall be revalidated on application subject to the rules then in force and payment of the fees and charges as prescribed in the Schedule.

Rule - 28. Revoking of Permission.

The Executive Authority or the District Panchayat Officer may revoke any permission issued under these rules whenever it is found that such permission was obtained by fraudulent means or misrepresentation of facts.

Rule - 29. Deviations during construction/undertaking up layout works.

If during the execution of any building construction any deviation is made from the sanctioned plan the owner shall obtain revised sanction as per the above procedure and rules.

Rule - 30. Responsibilities and Duties of Owner.

The owner who has been given sanction shall be wholly and solely responsible for the quality of workmanship of the building development works, and for structural safety of the building and for ensuring safety during the construction/development works, etc.

Rule - [10][31A.

Prior technical approval from Director of Town and Country Planning is necessary for the residential complexes like Row Housing, Group Housing, Gated Community Development Etc., and Buildings of more than 13.00m height].

Rule - 31B.Prior Technical Approval from District, Town and Country Planning Officer is necessary for certain permissions.

(1)     The Executive Authority shall forward within a week, with specific remarks and obtain the prior technical approval from the District Town and Country Planning Officer before sanctioning and releasing the plans in the following case of applications for permissions:

(a)      all Building permissions for Complexes;

 

(b)      all Building permissions for heights more than 3 floors or 9 meters;

 

(c)      all cases of Cinema Theaters/Petrol Pump or Stations/Storage of LP Gas Godowns, etc.

 

(d)      The District Town and Country Planning Officer shall send its technical approval or rejection within fifteen (15) days of the receipt of the case to the Executive Authority concerned.

 

(e)      The Executive Authority shall maintain registers of all layouts, building permissions, fees and charges collected in prescribed manner.

 

(2)     For all constructions and re-constructions, additions and alterations of Tobacco barns a licence from Tobacco Board is required.

Rule - 32. Unsafe Buildings.

All unsafe buildings shall be considered to constitute danger to public safety and hygiene and sanitation and shall be restored by repairs, demolition or dealt with as otherwise directed by the Collector/Executive Authority.

Rule - 33. Offences and Penalties.

(1)     Any person who contravenes any of the provisions of these rules or any requirements or obligations imposed on him by virtue of these rules shall be guilty of an offence by the District Panchayat Officer shall be punished with a fine as prescribed in these rules by the District Panchayat Officer and in case of continuing offence a daily fine until the contravention is made good or removed:

(i)       take suitable action including demolition of unauthorized works;

 

(ii)      take suitable action against technical personnel, which include prosecution or debarring him from further practice up to three years;

 

(iii)     Any unauthorized Tobacco barn running without a licence from Tobacco Board is liable for demolition. In the alternative in consultation with Tobacco Board a fine of Rs. 30,000/- per annum may be imposed on unauthorized Tobacco barns which is recoverable under Revenue Recovery Act.

 

(2)     In the case of unauthorized constructions, the District Panchayat Officer or his officers may take any of the above actions and issue suitable instructions to the Executive Authority or any other body for necessary action against the unauthorized construction/layout, besides taking action on the Executive Authority for allowing such unauthorized developments.

Rule - 34. Inspecting Authority.

Under clause (5) of sub-section (5) of Section 44 of the Andhra Pradesh Panchayat Raj Act, 1994, an officer of the Director of Town and Country Planning not below the rank of Assistant Director of Town and Country Planning is hereby designated as Inspecting Authority/Enquiry Officer on the matters concerned with the Land Development (Layouts and Buildings).

Rule - 35. Conformity to National Building Code of India.

Recourse shall be made to the National Building Code of India (latest edition) for all standards and specifications relating to building construction viz.,

(a)      safety of building with regard to structural design, foundations, masonry, timber, plain cement concrete, reinforced cement concrete, structural steel, earth quake resistance, wind loads, etc.;

 

(b)      quality of materials and workmanship;

 

(c)      building services, viz., Building Plumbing, Water Supply and Drainage (including mode of sewerage disposal system), Electric installations and other services.

Rule - 36. Licensed Technical Persons for preparation of Layout proposals, Building Plans and supervision.

The qualified technical persons shall register their names and obtain licence for their practice for preparation of layouts, building plans and supervision of the works with the District Panchayat Officer duly paying the requisite deposit and annual renewal fee. The qualifications competency and responsibility of licensed technical persons are as appended at Annexure-I.

Rule - 37. Requirements of Parts Buildings.

(i)       Building permission shall not be accorded, if provision for septic tank is not made. However the Government will provide subsidy for the families Below Property Line;

 

(ii)      No building permission shall be accorded, if provision for water harvesting pits is not made wherever necessary;

 

(iii)     Plinth of buildings.--The plinth or basement of any building shall be so located with respect to surrounding ground level as well as normal flood-level so as to ensure adequate drainage of the site is ensured. It shall not be less than 45 cm;

 

(iv)    Interior Courtyards: Every interior courtyard shall be raised at least 15 cm above the centre of the nearest street and shall be satisfactorily drained;

 

(v)      The other requirements for buildings shall be in conformity with the standards of National Building Code of India.

ANNEXURES

Annexure-A

[See Rule 3(1)]

To

The Executive Officer/Sarpanch,

Gram Panchayat,

Sir,

I/We hereby give you notice that I/We intend to utilise, sell, lease or otherwise dispose off my/our land portion or portions of the same bearing S. No. .............having an extent of................Sq. meters in................street/division, ward (to be deleted wherever necessary) consequent on their conversion into a building plots/sites under Rule 3(1) of Andhra Pradesh Gram Panchayat Land Development (Layout and Building) Rules, 2002 for the construction of buildings for residential or non-residential, industrial, commercial purposes as indicated hereunder and in accordance with the provisions of Section 268 of the A.P. Panchayat Raj Act, 1994.

I/We forward herewith four copies of the site plans drawn to a scale 1:1000 and other plans as required under these rules with all particulars required under the rules.

I/We enclose:

1.        A statement of arrangements made for providing plantation of avenue trees in addition to the arrangements indicated in the plan.

 

2.        A non-encumbrance certificate from the Registration Department for the lands covered by the layout together with the copy of the title deed attested by a Gazetted Officer.

 

3.        (i) A Gram Panchayat receipt for Rs.............. being the non-interest bearing security deposit as fixed under item (3) of Schedule annexed to these rules towards fulfillment of the conditions.

(ii) A mortgage-deed intended in favour of the Gram Panchayat hypothecating lands in the layout area for the value of Rs.............towards security deposit in lieu of cash security and abiding by the conditions prescribed in this regard.

I/We, jointly and severally agree to develop the roads to the required standards as per the specifications prescribed by the Gram Panchayat and to provide underground storm-water drains through proper culverts and to sewer and light the areas and to carryout all the arrangements to the satisfaction of the Executive Officer of the Gram Panchayat as per the agreement that will be executed by me/us on intimation.

I/We hereby undertake not to utilise, sell, lease or otherwise dispose off the land as sites for the construction of residential or nonresidential building until all the amenities are provided as indicated in the conditions of the layout either by the Gram-Panchayat or by me/us as agree upon through a registered agreement on stamped paper worth or Rs. 100/-.

I/We herby undertake to handover the private streets or roads to the Gram Panchayat after developing them to the prescribed standards along with the lands set apart for parks/play-grounds/Educational Institutions or for any other public purpose under clause (b) under sub-rule (4) of Rule 3 of the Andhra Pradesh Gram Panchayat Land Development (Layout and Building) Rules, 2002 issued under Section 268 of the A.P. Panchayat Raj Act, 1994.

I/We agreed to executive the drainage work (both sewers as well as storm water) and lighting arrangements to be carried out by the Gram Panchayat at my/our expenses and to that extent I/We agree to deposit provisional estimated cost with the Gram Panchayat before final release of the sanctioned layout and meet any further unforeseen expenditure from time to time as may be claimed by the Gram Panchayat.

I am/We are agreed to deposit 50 per cent of the estimated cost of other works to be carried out by me/us, into the Gram Panchayat Treasury on intimation towards the security deposit (refundable) or agreed to mortgage the plots of an area of equivalent to the security deposit in favour of the Gram Panchayat within 10 days from the date of receipt of provisional/tentative approved layout. The amount of entire deposit is refundable to me/us by the Gram Panchayat after consulting the Panchayat Raj Engineering Department as to the satisfactory execution of the work to the prescribed standards after deducting 5 per cent from the deposit towards supervision charges.

I/We request that the proposed layout may be approved and the permission may be accorded at an early date to me/us to proceed with the execution of the works as agreed to for enabling the disposal of plots in accordance with sanctioned layout.

Encl:

1.        Site plan in quadruplicate.

 

2.        Statement of arrangement for avenue trees.

 

3.        Non-encumbrance Certificate.

 

4.        Challan for security deposit/mortgage-deed/Bank Guarantee.

 

5.        Challan for layout, scrutiny and inspection charges.

 

6.        Copy of Ownership documents establishing the title of land attested by "Gazetted Officer.

 

7.        Certificate of demarcation of site boundaries by revenue authorities.

Annexure-B

[See Rule 3(4)(b)]

Specification for Water Bound Macadam Road

The Water Bound Macadam Road shall be formed in the following Manner:

After shaping the roadbed to the required chamber, if the sub-grade is of hard gravel soil then the metal is spread into layers of 11 cms, thick to get a consolidated depth of 15 cm. A power roller of 8 to 10 tonnes weight is generally to be used. The dry rolling should not be excessive so as to cause the crushing of metal. The rolled surface is then watered moderately, and thoroughly rolled until hard and compact, so that a highly loaded vehicle makes no impression while travelling on it. The screenings from the metal gravel, fine limestone or kankar then be spread in small quantities uniformly on the surface about 1 cm., in thickness in total watered and rolled properly. Finally a top dressing of 0.50 cm thickness of sand is spread on the surface only and finished off with final rolling. The surface is then kept moist for about two weeks after opening to traffic.

Scheduled carriage way widths : the width of carriage way for one lane of traffic should not be less than 4 meters and for two lanes of traffic not less than 7 meters.

Raised foot paths on either side of carriageway:--It is necessary that the footpath shall be 15 cm above the road edge level to provide a measure of protection to the pedestrian from vehicles. These are usually of available earth and gravel, well consolidated to the satisfaction of the Panchayat Raj Engineering Department.

Kerbstones are structurally necessary to prevent lateral spread of road surface materials and preserve the hearing value of the sub-soil by preventing ingress of sewage water, granite or cement concrete is usual materials used for. Granite kerbs on meter long by 30 cm x 20 cm are usually adopted and laid-flat on roads carrying light traffic in residential areas where its effect will only be to give appearance to the street lines. To be effective and to give lateral support, the depth of concrete should be more. The top surfaces, which are exposed, should evenly be dressed and tooled. The ends of granite kerbs should be dressed square. The top surface is tooled down to the slope of the footpath generally. This aids drainage, the storm water drains culverts, etc., shall be constructed according to the sizes and specifications as may be prescribed by the Executive Officer in consultation with the Panchayat Raj Engineer.

ANNEXURE-C

[See Rule 4(1)(b)]

Note:--In respect of layouts housing schemes for economically weaker sections of the society sponsored by Government, Quasi-Government agencies the norms as notified by the Government in G.O. Ms. No. 51, Housing Department, dated 15-7-1998 shall be followed for plot sizes road widths and public purpose spaces etc., and subject to any modifications issued from time to time.

ANNEXURE-D

[See Rule 3(3)(ix)]

Guarantee Deed

Rule No. ...........

Whereas___________is/are required to____________furnish a Bank guarantee to the Sarpanch________Gram Panchayat for a sum of Rs.____________. (Rupees) as per the orders of the Gram Panchayat__________sanctioning the layout No._________dated_________in respect of R.S. No._________ situated at__________

I/We hereby undertake to pay the Sarpanch the said sum of Rs._________(Rupees________) on demand. I/We undertake not to revoke the guarantee without written authority from the Sarpanch________Gram Panchayat.

Witnesses:

1.        Signature

2.        Bank..........

ANNEXURE-E

[See Rule 11(4)]

Agreement Deed

Agreement entered into this_______between Sri/Smt._________ hereinafter called as the first part which term includes legal heirs and successors and the individual member and the Gram Panchayat (hereinafter called the Council) as the second party whereby it is agreed to as follows:

(1)     That Sri/Smt.___________has submitted an application under Rule 3(1) of Andhra Pradesh Gram Panchayat Land Development

(Layout and Building) Rule, 2002 issued under the provisions of clause (xvii) of sub-section (2) of the Section 268 of Panchayat Raj, 1994 indicating his/her intention to make layout and form new private streets or roads and dispose of sites for plotting of the land situated at__________under Survey No.________

(2)     Whereupon the Council agreed to grant permission for making private streets and roads and sites for construction of buildings on the aforesaid land with the conditions that the cost of entire drainage works erection of water supply mains and street lighting water bound macadam roads table drainage in lieu of the balance of amount plots of equivalent value should be mortgaged at the rate of Rs._____Per Sq. Meters and the following amenities i.e., asphalt roads, table drains, street light brackets and avenue plantations should be complete by Sri/Smt.________(first part) within one year from the date of sanction of layout as per the specifications given by the Gram Panchayat in their proceedings vide Letter No.______dated_______.

(3)     That the first party agreeing to the above conditions and has deposited cost of drainage and other works amounting to Rs.___ under Challan No. ___dated___

(4)     That the first party has mortgaged plots or land bearing R.S. Nos. ___ and measuring___costing Rs.___in favour of the Gram Panchayat in lieu of the balance of betterment charges for providing water bound macadam roads, table drains, street light bracket and avenue plantation under a registered mortgage deed No.

(5)     That the first party only (on behalf of the second party) undertakes to provide the amenities such as water bound macadam road, table drains and street light, water supply mains within one year from the date of sanction of the layout as per the specifications given by the Executive Officer of the Gram Panchayat.

The first party herby bind himself/themselves to fulfil the above conditions imposed by the Gram Panchayat within a period of one year from the date of sanction of the layout, failing which the Gram Panchayat will be entitled to withhold the sale of plots and the grant of permission for the construction of houses under the relevant provisions of the Andhra Pradesh (Andhra Area) Public Health Act, 1939, or any other enactment for the time being in force. In case the party fails to comply with the conditions within the stipulated period, the Gram Panchayat is empowered to take action under the provisions of A.P. Panchayat Raj Act, 1994 and auction the mortgaged plots or land and get the works completed and recover the expenses from the first party (owner) required for completing the works in the layout. The first party and his heirs shall not be entitled to raise any objection for such recovery.

In witness whereof_______party I affix my signature on this day already mentioned in the agreement before the following.

Witness:

Witness:

Sarpanch, Gram Panchayat.

Seal:

ANNEXURE-F

[See Rule 11(5)]

Deed of Mortgage by Conditional Sale

This indenture made this day______of two thousand___between Sri_________S/o._________residing at________(hereinafter called the Mortgagor which expression shall unless excluded by or is repugnant to the subject or context, include his legal heirs, executors, administrators and assigns) of the one party, and the Gram Panchayat called "This Mortgagee" which expression shall unless excluded by or is repugnant to the subject or context, include his successor in office and assigns of the other part.

Whereas the Mortgagor is the absolute and sole beneficial owner and is seized, possessed of or otherwise well and sufficiently entitled the land and the premises hereinafter described in the schedule hereunder written and for greater clearance declared on the plan annexed hereunto and thereon above with the bound areas thereof coloured___and expressed to be hereby conveyed, transferred and assured (hereinafter referred to as the said mortgage property).

And whereas the mortgagor applied for permission under Rule 3(1) of the Andhra Pradesh Gram Panchayat Land Development (Layout and Buildings) Rules, 2002 issued under the provisions of Section 268 of Andhra Pradesh Panchayat Raj Act, 1994 to make a layout and form a new private street or road and building plots for residential/nonresidential/industrial purposes, and in the land bearing R.S. No.___situated at___

And whereas the mortgagee having accepted the same has sanctioned the layout plan in file No. ___subject to the condition that the following works as per specifications under Rule 5(1) of Andhra Pradesh Gram Panchayat Land Development (Layout and Building) Rules, 2002 will be completed by the mortgagor within one year from the date of release of the final approval of the layout.

Water bound macadam roads estimated to cost Rs.___Planting of avenue trees at___intervals estimated to cost Rs.___Meters___.

And whereas Mortgagor according to the terms and conditions of grant has separately credited Rs._______in the Gram Panchayat Treasury vide Challan No. ________and dated________towards the following works to be executed by the Gram Panchayat within one year of the date of final release of the approved layout.

Laying of underground sewers along with roads of the layout estimated to cost Rs._______laying of storm water, drain culverts etc., along with the roads of the layout and construction at the estimated to cost of Rs.________

Providing street lights along with he street of the layout at________ metes intervals for the estimated cost.

(iv) Provision of water supply estimated cost of Rs._______

And whereas the Mortgagor having deposited 50% of the provisionally estimated cost of work mentioned for water supply to provide and complete the works as stated in para 2 within a period of one year from the date of release of the approved layout, in addition to the lands expressly conveyed, transferred and assured as per the description given in the schedule towards the balance of 50% of the said estimated cost of the works.

Now this indenture witness as follows:

(i)       In pursuance of the rules relating to the approval of layout (hereinafter referred to as the said rules) and in consideration of the deposit and hypothecation of the acquired lands by the mortgagee to the mortgagor pursuant to the provisions contained in the said rules, the mortgagor both hereby covenant with the mortgagee that the mortgagor shall always duly observe and perform all the terms and conditions of the said rules.

(ii)      With possession of the lands and the deposit in favour of the mortgagee, if the mortgagor completes the work as stated in para supra to the satisfaction of the Executive Officer, within the agreed period of one year from the date of release of the approved layout; the mortgagee shall at the cost of mortgagor be entitled to the re-transfer of the said plots or land to the mortgagor without any further liability on the same towards the execution of works contemplated in para supra.

It is hereby expressly agreed and declared that if thee shall be any breach by the mortgagor of the convenants it shall be lawful for the mortgagee to sell the mortgaged properties or any part thereof in any manner as the mortgagee shall think fit and the mortgagor shall forfeit the right of redemption as against the mortgagee.

(a)      and it is hereby declared that the mortgagee shall be free to complete the said works with the amount so realized and the mortgagor shall not be entitled to question the unfettered right of the mortgagee in any Court of law.

if the mortgagee has to spend additional amount for execution of the said works over and above the sale proceeds referred to in the above para, it shall be realized from the "Mortgagor" or the purchasers of individual plots in the said layout area in the same manner as property tax and the other plots not covered by the mortgagee will be under the first charge towards the said excess amount spent by the Gram Panchayat.

That the mortgagee shall be in actual possession of the plots and continue to retain the same till the completion of the said works and the mortgagor shall not interfere with the possession interest, rights, and title of the mortgagee over the said plots in any way detrimental to the interests, rights accrued in security and charge over the said plots______of the mortgage till the works are completed as agreed upon.

The mortgagor does also hereby agree to pay the Government Gram Panchayat taxes over the said property if any, till the redemption of the property as the same vests automatically in favour of the Gram Panchayat.

The terms and conditions of the deed are binding and shall continue to be binding on the mortgagor, his heirs, successors in interest, right as well as a title and ownership and none of them shall be entitled to question the correctness of the genuineness of the terms and conditions of this deed anywhere, at any time, in any Court.

In witness whereof the said mortgagor has herein set its hand the day and the year first above written.

SIGNED BY THE SAID MORTGAGOR

In the presence of:

Witness:

Address:

Occupation:

Witness:

Address:

Occupation:

Signed by Sri________in the Office of the Gram Panchayat for and on behalf of the Gram Panchayat, in the presence of:

Witness:

Address:

Occupation:

Witness:

Address:

Occupation:

ANNEXURE-G

[See Rule 14(1)]

From

Name of owner of the

site and building.

Address

To

The Executive Authority,

Gram Panchayat,

.............Mandal

................District.

Sir,

I intend to construct/reconstruct/make alterations or additions to a building other than a hut, in the site or plot of land, Town or Revenue Survey No. Street or road named.................in the constituency and, in accordance with Andhra Pradesh Gram Panchayat Land Development (Layout and Building) Rules, 2002. I forward herewith in triplicate:--

(a)      A site plan of the land on which the building is to be constructed/reconstructed/altered or added to;

(b)      A plan of the building showing, plan of each floor, elevations and section as specified under Rule 14 of the Andhra Pradesh Gram Panchayat Land Development (Layout and Building) Rules, 2002, and

(c)      The specification of the work as specified under Rule 35 of the Andhra Pradesh Gram Panchayat Land Development (Layout and Building) Rules, 2002.

I intend to use the building only as dwelling house/not as a dwelling house but for the purpose of..............

I request that permission may be accorded to execute the said work.

Joint undertaking of Owner and Licensed Technical persons-

1.        I agree not to proceed with the execution of the work until approval is signified by the Executive Authority under the Andhra Pradesh Gram Panchayat Raj Land Development (Layout and Building) Rules, 2002.

 

2.        I agree to have the proposed work demarcated on the ground with durable stones or clear marks for verification by the inspecting office at site.

 

3.        I agree not to do any work otherwise than in accordance with the approved site and building plans and specifications which have been approved or contravention of any of the provisions of the Andhra Pradesh Gram Panchayat Raj Act, 1994. Or any rule, byelaw order or other declaration made thereunder of any direction or requisition lawfully given or made under the said Act, rules or bye-laws.

 

4.        I agree to make any alterations, which may be required by any notice issued or by any order confirmed by the Executive Authority under the provisions of Andhra Pradesh Panchayat Raj Act, 1994.

 

5.        I agree to keep one copy of the approved site plan and one set of copies of the sanctioned plans of the building, at the site of the building at all times when the work is in progress and also agree to see that such plans are available and the building is open at all times for the inspection of the Executive Authority or any officer authorized by him in that behalf.

 

6.        I agree to give notice to Executive Authority and furnish a set of completion plans within fifteen days from the date of completion or occupation of the building, whichever is earlier.

 

7.        I also agree not to occupy the building that will be constructed/reconstructed by us/me or cause or permit to be occupied until we have obtained a certificate from a competent officer of the Public Health Department of the Gram Panchayat. 

ANNEXURE-H

[See rule 19(1)]

Minimum clearance between buildings or any part of building and electric supply lines as follows:

ANNEXURE-I

[See Rule 3(3)(v)]

Qualification of Licensed Technical Personnel for Preparation of Schemes for Building Permit and Supervision

1.        General.--

The qualification of the technical personnel and their competence to carry out different jobs for building permit and supervision for the purpose of licensing by the authority shall be as given in Regulations No. 1 to 6. The procedure for licensing the technical personnel is given in Regulation.

1.        Architect Qualifications:--

The qualifications for licensing of Architect will be the Associate membership of the Indian Institute of Architects or such Degree or Diploma which makes him eligible for such membership or such qualifications listed in schedule XIV of Architects Act, 1972 and shall be registered under the Council of Architecture as per Architects Act, 1972.

Competence:--

The licensed Architect shall be competent to carryout work related to building permit, as given below and shall be entitled to submit:

(a)      All plans and related information connected with building permit;

 

(b)      Structural details and calculations for building on plot upto 500 sq. mts. and upto 3 stories or 11 m; and

 

(c)      Certificate of supervision and completion for all buildings.

 

2.        Engineer Qualifications:--

The qualifications for licensing of Engineer will be the corporate membership (Civil of the Institution of Engineers or such Degree or Diploma in Civil for Structural Engineering which make him eligible for such memberships).

Competence:--

The licensed Engineer shall be competent to carryout the work related to building permit as given below shall be entitled to submit:

(a)      All plans and related information connected with building permit;

 

(b)      Structural details and calculations for building on plot upto 500 sq. mtrs and upto 5 storyes or 18 m; and

 

(c)      Certificate of supervision and completion for all buildings.

 

3.        Surveyor Competence:--

The Surveyor will be entitled to submit:

(a)      For Surveyor I:

(i)       All plans and related information connected with building permit on plot upto 200 sq. mts and upto 2 storyes; and

 

(ii)      Certificate of supervision of buildings on plots upto 200 sq. mts and upto 2 storyes.

(b)      For Surveyor II:

(i)       all plans and related information upto 50 sq. mts built up area and upto 2 storeys; and

 

(ii)      Certificate of supervision for limits at (1) above.

 

4.        Structural Engineer Qualifications:--

Qualifications for licensing of structural Engineer shall be the following with minimum 3 years experience in Structural Engineering practice with designing and field work.

(a)      Graduate in Civil Engineering of recognized Indian or Foreign University an Chartered Engineer or Associate Member in Civil Engineering Division of Institution of Engineers (India) or equivalent Overseas Institution; and

(b)      Associate member in Civil Engineering Division of Institution of Engineers (India) or equivalent Overseas Institution possessing exceptional merit.

The 3 years experience shall be relaxed to 2 years in the case of Post-graduate Degree of recognised Indian and Foreign University in the branch of Structural Engineering. In the case of doctorate in Structural Engineering the experience required would be one year.

Competence:--

Structural Engineers shall be competent to submit the structural details and calculations for all buildings and supervision.

In the case of complicate buildings and sophisticated structures, as decided by the Authority which are within the horizontal areas and vertical limits under 4-2.2(b) and 4-4.2(a)(i) shall be designed only by structural Engineers.

5.        Town Planner Qualifications:--

The minimum qualification for a Town Planner shall be the Associate membership of the Institute of Town Planners or Post-graduate Degree or Diploma in Town and Country Planning, which makes him eligible for such membership or recognised by the Public Service Commission for the post of Assistant Town Planner.

Competence:--

The licensed Town Planner shall be entitled to submit:

(a)      All plans and related information connected with development permit of all areas; and

 

(b)      Certificate of supervision for development of land of all areas.

6.        Licensing: Technical Personnel to be licensed:--

The qualified technical personnel or group as given in Regulations Nos. 2 to 5 shall be licensed with the Authority (District Panchayat Officer concerned) and the licence shall be valid for one calendar year ending 31st December after which it shall be renewed annually.

Fees for Licensing:--

The annual licensing fees shall be as decided by the Authority.

SCHEDULE

(See Rule 27)